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HomeMy WebLinkAboutZBA-02/06/1964 APPEAL BOARD MEMBERS Roberf W. ®][Jisple, Jr., Cha]rmen Roberf B'ergen Chef]es ~¢~regonis, Jr, Serge Doyen Jr, S OUTHOLD, L.I., N.Y. Terephone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS February 6, 1964 A ~egular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, February 6, 1964 at the TowD Office, Main Road, Southotd, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chaizman, Robert Bergen~ and Fred Hulse, Jr. Absent: Mr. Charles Grigonis, Jr. and Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 631 - 7:30 P.M. (E.S.T.), upDn application of George W. Smith & Sons, Inc., Jockey Creek Drive, Southold, New York, for a special exeeption in accord- ance with the Zoning Ordinance, Article IV~ Section 408, Sub- section (b), for permission to erect a wall sign on the side wall of a businsss building. Location of property: south side Jockey Creek Drive, Southold, New York, bounded north by Jockey Creek Drive, east by Ellis Terry, south by Jockey Creek, and west by L. Hart. Fee paid $5.00. Southold Town Board of Appeals -2- February 6, 1964 The Chairman opened the hearing by reading application for a special exceptions legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAI~: I think Mr. Smith explained that he sold the business that was on the Main Road and he is going to be doing business in a new building that is located several hundred feet off of the highway on Jockey Creek Drive. MR. SMITH: That is right. The letters that will be on the gable end of the new building were on the gable end of the old building. The letters will be "G. W. Smith &~Sons, Inc., Builders, Real Estate." They will be on the end of the building facing the ~ain Road. THE CHAIRMAN: Is it true that the need for identification is so important because most of the real estate business comes from people traveling along the highway? MR. SMITH: A great deal, especially from summer rentals. People come out looking for you and if they don't see you they will go on to the next person. They don~t want to wait around. If you aren't readily accessible to them you are out of luck. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant has erected a business building in a business zone several hundred feet from the ~ain Road in Southold. This building fronts on Jockey Creek~Drive and the side faces open land to the Main Road. The applicant wishes permission to erect his wall sign on the side wall_8~ the building facing the Main Road as a front wall sign would/be seen at all. The size of the sign would be 4 ft. by 6 ft. with the wording~ "G. W. Smith ~ Sons, Inc., Builders, Real Estate." Southold Town Board of Appeals -3- February 6, 1964 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that G. W. Smith & Sons~ Inc. be granted permissiDn to erect a 4 ft. by 6 ft. wall sign on the side wall of their business building located on the south side of Jockey Creek Drive, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 632 - 7:40 P.M. (E.S.T.), upon application of G. W. Smith & Sons, Inc., Jockey Creek Drive, Scuthold, New York, for a special exception in accord- ance with the Zoning Ordinance, Article IT, Section 408, Sub- sectiDn (a)~ for permission to relocate an existing detached ground sign on the property of L. Hart, east side Route 25, Southold, New York, Property bounded north by Jockey Creek Drive, east by G. W. Smith & Sons, Inc.~ south by J. Ullrich, and west by Main Road. Feepaid $5.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who washes to speak for this application? MR. DANIEL SMITH: I spoke to Ellis Terry who is the nearest neighbor as he lives right next door to the office and showed him the location where we intend to put the sign and he feels it will be all right. It will be back far enough from Main Street and Jockey Creek Drive so that it will be back enough for clear vision. The sign will be back at least 15 to 20 feet from the sidewalk. Southold Town Board of Appeals -4- February 6, 1964 THE CHAIRMAN: Are there any questions (There was.-~no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that G. W. Smith & Sons, Inc. was granted permission to erect a second ground sign on their business property on the Main Road, Southold. This business is now being sold and the appli- cant now wishes to move this sign from the southerly end of their former property to the northerly end. This sign would then be used in connection with their new business building located on Jockey Creek Drive, several hundred feet off of the Main Road° This sign would be at least 15 feet from the property line on the Main Road and 5 feet from the property line on Jockey Creek Drive. The sign size is 8 ft. by 6 ft. 6 in. and the wording is "Smiths, Real Estate, Fairview Park, ~ Homesites." The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Bergenl seconded by Mr. Hulse, it was RESOLVED that G. W. Smith & Sons, Inc. be granted permission to move an existing ground sign located on the former G. W. Smith property, Main Road, Southold, New York, now being sold to Leslie Hart, from the southerly side of this business property to the northerly side of the propgrty. This sign is 8 ft. by 6 ft. 6 in., 5 feet above the ground level minlmum. The wording on the sign is, "Smiths, Real Estate, Fairview Park, Homesites." The sign shall be located at least 15 ft. from the property line on the Main Road and at least 5 ft. from the property line on Jockey Creek Drive. Southold Town Board of Appeals -5- February 6, 1964 vote of the Board: and Mr. Hulse. Aye s ~ - Mr. Gillispie, Mr. Bergen~ On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated January 23, 1964 be approved as submitted. Vote of the Board: Ayes:- ~r. Gitlispie, Mr. Bergen, and Mr. Hulseo PUBLIC HEARING: Appeal No. 630 - 8:00 P.M. (E.S.T.), upon application of Otis G. Pike, 132 Ostrander Avenue, Riverhead, New ¥ork~ for recognition of access in accordance with State of New York Town Law, Section 280A~ Location of property: on a private right-of-way, west of Ruth Road, Mattituckt New York~ bounded north by Sound, east by B. Vreeland, south by right-of-way, and west by J. Moisa. Fee paid $5.00. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant is the owner of a large parcel of land with 600 ft. on Long Island Sound and a right-of-way frontage of 600 ft. This is a 50 ft. private right-of-way running westerly from Southold Town Board of Appeals -6- February 6~ 1964 Ruth Road. The Board finds that this rzght-of-way is passable and in good condition to the parcel in question. When the applicant begins construction of his building he will clear a 15 ft. access to it from the front of his property. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Hulse~ it was RESOLVED that Otis G. Pike be granted recognition of access to his property located on a private right-of-way west of Ruth Road, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. The Board wished a letter forwarded to Mr. Otis G. Pike advising him that recognition of access had been approved on his property. Mr. George Wetmore accompanied by his attorney R. G. Herry, Jr. appeared before the Board for an informal discussion. Mr. Wetmore had a real estate office in his home on Island View Avenue, Greenport. He recently sold his home and is building a new one on the same road about 600 feet away. He now wishes to know if he can continue his real estate office in this new home. The Board advised Mr. Wetmore that the property is located in the "A" Residential-Agricultural District and the former real estate office he had in his home was non-conforming. When he moved his residence he lost the right to move the office because of the classification of the district. Mr. Wetmore felt Southold Town Board of Appeals -7- February 6, 1964 that a real estate agent or broker should come under the classification of a professional person similar to a lawyer. However the Board advised that according to legal determinations and cases decided by the Cour~ in the past a real estate broker is not considered a professional person, therefore a real estate broker's office must be located in the "B" Business District. On motion of Mr. Gitlispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, February 20, 1964, Town Office, Main Road= Southold= New York as time and place for hearing upon application of J. Herbert Cassidy, Hobart Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1003A, for permission to renew a labor camp permit on the property of I. P. Krupski, east side Bridge Lane~ East Cutchogue, New York, property bounded north by M. Zanowski, east by A. C. Davids, south by P. Bedell, and west by Bridge Lane. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. It was FURTHER RESOLVED that legal notice of the hearing be published in ~e official newspaper on Thursday~ February 13, 1964. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Hulse. The Board discussed the proposed amendments to the Building Zone Ordinance which are presently before the Planning Board for a recommendation to the Town Board. The next meeting ~fthe Southold TownBoard of Appeals will be held 7:30 P.M., Thursday~ February 20~ 1964 at the Town Office, Main Road, Southold= New York° Meeting adjourned at 9:00 P.M. ~ ~0\~ ~0 _ Respect fully~, submitted, /' ~ ~ Judith T. Boken, Secretary