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HomeMy WebLinkAboutZBA-03/02/1967 S°uthold Town Board of Appeals SOUTHOLO, L. I., N. Y.' Telephone $O 5-96d0 APPEAL BOARD MEMBERS Robert ~'. Gillispi¢, Jr.~ Chairm~n Robert Charles Gr¢]onis, Jr. S~r~¢ Doyen, .Jr. Fred' Huls¢, Jr. SOUTHOLD TOWN BOARD OF APPEALS March 2, 1967 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M.~ Thursday, March 2, 1967, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., ~hairman; Fred Hulse, Jr.~ Serge Doyen, Jr. Absent: Messrs: Charles Grigonis~ Jr., Robert Bergen. PUBLIC HEARING: Appeal No. 1031 - 7:30 P.M.~.S.T.), Pursuant to Section 267 of the Town Law of the State of New York, on 'the Board's ~otion, a rehearing on Appeal number 1031, upon application of Ernest'G. Ra~Drd, Main Road, (Rt. 25}, East Marion, New York~ for a.special exception in accordance with the Zoning'Ordinance, Article III, Section 300~ subsection 10, f®r-permisssion to retain the following off premises signs: 1) a sign on the property of Armaroy, Inc., located on the north side Main Road East Marion~ New York~ bounded north by A®ng Island Sound, east by A. Bitten, south by main Road, west by S. Rutkowski; 2) a sign on the property of Lester & Toner, located on the south side Main Road, Greenport, New York, bounded north by Hain Road~ east by R.L. Davids, south by Vernon Vail, west by Main~Street; 3) a sign on the property of A.--Straussner,'located on-the ~ north'side Main Road, Greenport, New York~ bounded nor.~h by J. Brandi, east by A.-Straussner, south by, Main Road~ west by Kzsyminski. $outhold Town Board of Appeals -2- March 2, 1967 TheChairman read the legal notice of hearing, and the notice to the applicant. THECHAIRMAN: Is there anyone present who wishes to speak for this application? ERNEST RADFORD: I would like to speak on my own behalf. I have prepared this in writing and I would like permission to read it. CHAIRMAN: How long will it take to read it? ERNEST HA/)FORD: Less than fi~e minutes. THE CHAIRMAN: Go ahead. ERNEST RADFORD: First I want to take this opportunity to thank the Boardfor granting this rehearing. Early in January or the last part'of December I attended a hearing relative to an application by another party for the continuance of certain off premises signs, at which time the Board of-Appeals declared i~$intention to deny all applications for special exceptions permission to continue such signs, certain essential business signs in accordance With the Board's determination. THE CHAIRMAN: Would you please re-read that statement. ERNEST RADFORD: ~Ir.. Radford repeated what he stated above). In other words they were going to do away with all off premises signs, but there were certain types of~businesses they might allow. THE CHAIRMAN: That-was passed nine years ago. It was not this Board's determination. Most of the signs you,see around here are illegal, and as you know we are not charged with enforcement. If you'see a competitor'that has a sign iris not because he hasn't been sighted. ERSEST RADFORD: I was not thinking of a competitor. Primarily my understanding is businesses such as motels~ restaurants, marinas, have been granted permission for signs off premises. .Southold Town Board of Appeals -3- March 2, 1967 THE C~: That is correct. That was one of the first Problems we encountered when we started to interpret the Ordinance. The Ordinance strictly forbids any off premises advertising for anything. Individuals who have business in a business zone are permitted one wall sign on the front of the building and one ground sign. Unless the lot is on a corner. These signs are limited in-size. It became obvious to us almost as soon as we set down here it would be impossible not to grant special exceptions in the public interest for signs directing the travelling public to the types of business which cater to the t~aveller, and that'is the way the policy came about. Motels, restaurants, marinas, later it was to include churches~ where peopte~can be amused. It is not the intention of the Board to do anything except'to accommodate the facilities of the Town and the travelling public. Some ofthe motels are a mile, or a half of a mile from the Main Highway. The~e are only .two main highways and that is another problem. Thishas been recognized on State and even Federal level. You gct to~have signs on the thru-way indicating placesto eat and sleep. 'ERNEST~RADFORD: I understand the intention of course is ~t0'try~ to improve the general appearance of the Townby doin~g'away with signs. May I point out this other part here, I wish to point out certain circumstances, relative to one of the locations referred to in my application for the continuance of an off premises sign, that being a business zoned corner situated across from the traffic circle in Greenport~ I affected the sale of this corner comprising of two parcels to the present ownero~ At the time 0f the sale in 1952, a~ old half tumbled down building was situated on the westerly parcel, and an unused gas station occupied the easterly parcel. I suggested the r~moval of the gas station and the tearing down of the old house, resulting in the removal of an eyesore. ~ As part of the consideration for my services in negotiating this sale, the new owner granted me permission to place the present existing directional sign~ which incidently was the only sign at the premises. But subsequently, a large'billboard type sign was erected, then one by one other signs appeared until a total of seven signs, plus a service club emblem. In additionla vegetable stand was constructed, quite nondescript in appearance, and has not been used. All of the signs, except mine and the billboard, were erected after the enactment of the building zone ordinance.. Southold Town Board of Appeals -4- March 2, 1967 ERNEST RA~FORD: Consideration of the granting by the Board of Appeals certain types ofbus~ess for permission to erect and maintain off premises signs it would appear'those, not specific, but general cases, and that the practice has established precedents which may be applicable to all types of business, otherwise it could be considered discriminatory and unreasonable. THE CHAIRMAN: It certainly could, but you can take this to a higher court if you wish to . ERNEST RADFORD: The signs I have are not advertising signs they are directional signs. There ~is verylittle advertising on these signs. As for sale or for'rent signs, some agents have these all over the place and people come here and say what is the matter with this place everything is for sale. I think the aesthetics of the Town would be much better if all for salesigns were prohibited. THE CHAIRMAN: That is irrelevant to your case. ERNEST RADFO~: The relevancy is in my next statement - and that some directional signs be permitted. THE CHAIRMAN: Some directinnal signs permit~d, what do you mean by that. ERNEST RADFORD: For instance, these signs I have are directional signs. THE CPtA~RMAN: I tell you~ there is going to be a revision of the'Ordinance as soon as the Master Planners get through with their final reports. That has been used for 'three or four years to' avoid amending the present zoning Ordinance. So there might be an improvement as far as yoursigns are concerned. I persume the reason you let'your signs deteriorate is because the questionof retaining them is pending. It has been pending for nine yearsl One of our.real estate agents, probably one of the biggest~offenders has removed all of her off premises real estate signs. There were 12 oversize signs~ not as big as a billboard, about six feet by e%ght feet~ Many other smaller signs. There were about 25 to 30 signs all totaled. Southold Town Board of Appeals -5- March 2, 1967 ERNEST RADFORD: There may have been an axe to 9rind there as she has connections with the-Town of $outhold and was pressured to take the signs down. THE CHAIRMAN: She has been connected with the Town for a long time. If this application was granted every real estate agent would be entitled to a sign wherever he thought he needed one. -At the Greenport Traffic Circle everybody from ~-~ Laurel to Orient-Point might want one~ that is a big corner and we don't see any way that can be handled. We are trying to get the people who are entitled to have signs to combine on one billbc~rd. In other words we will try to leave the billboard there, providing Sound Shore, Chappy, Crescent Beach and Soundview use .four feet by six feet on the billboard. I understand thatSt~aussner has taken.down several signs because the people didn't pay him any rent, I-don't know if anybody else has anything else they would like to say. Would any members of the Board like to ask Fir. Radford any questions? (There was no response,) THE CHAIRMAN: Is there anything else you would llk~to say? ERNEST P~DFORD: No. THE CHAR/24AN: We have never'given permission for an off prem-ises real estate sign. We have denied alot of them. After investigation and inspectionlthe Board finds that the applicant requested a rehearing on appeal number 1031 for permission to retain off premises directional signs. The applicant is in the real estate business. The Board points out that a real estate dealer may display a sign on any.property that is for sale or for rent. The Board points out that off premises directional signs are granted to those businesses which are in the interest of the travelling public, such as places to eat, sleep, etc. The applicant's business does not fall within this category. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. SouthO~d Town Board of Appe~s -6- March 2, 1967 On motion by Mr. Gillispie, seconded by Fir. Hulse~ t~was RESOLVED that'Ernest G. Radford, MainRoad~ East~Marion, New York, be denied permission to retain the following off premises signs: 1) a sign on the property of Armaroy,. Inc., located on the north side of Main Road~ East Marion, New York 2) A sign on the property, of Lester & Toner located on the south side Main Road, Greenport, New York; 3) a sign on the property of A.r Straussner located on the north side of Main Road, Greenport, New York. Vc~ of the Board: Ayes:-~Lr. Gillispie, Mr. Hulse, Mr. Doyen. PUBLIC ~ING: Appeal No. 1061 - 7:45 P.M~'i(~-T.), Upon application of Helmut and Marie Mandl~ 64--19 18~r~Street, Queens, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for Permission to build with insufficient side yard area. Location of Property: west side SiXth Street, Laurel, New York, lot number 37, in G.I.' Tuthill Subdivision, Laurel, New York. · Fee paid The Chairman opened the hearing by reading the application for a variance, the legal notice of hearing, the affidavit attesting to its publication in the official newspaper, and notice to the applicant. ~ THE C~L~RMAN: Is there anyone present who wishes to speak for this application? ~ MR, MANDL: I do. I am the owner of the property. There is not to, much else to say. I bou~at the PrOperty last November or December. The previous owner star,ed to:build the house. The only way I can .use it is to add on this one side. In order to get a decent~size room I would have to go within two feet of the Property line. , TRECPI~IRMAN: As I understand it, you can,t get a certificate of occupancy because the house does not have enoug~ floor area How large is the house? ~ . MR. MANDL: It is twenty four square feet. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold ToWn Board of Appeats -7- March 2, 1967 After investigation and inspection the Board fin'ds that the applicant requests permission to put an addition on an existing structure with insufficient~side yard area. The Board finds that the applicant bought a half finishe~ structure and in order to get a certificate of occupancy 'for the building it must be enlarged-to meet the s~cifications of the Zoning Ordinance. The Board finds~that the applicant's lot is very narrow, -The Board f/nds 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; ad the variance does observe the spirit of the Ordinance and will not change the character of the diskrict. On motion-by Mr. Gillispie~ seconded by ~r. Doyen, it was RESOLVED that'Helmut and Marie Mandl, 64-19 183rd Street, Queens,-NewYork, be granted permission to build with insufficient ~ide yard area, as applied for. Location of property: west sideSixth Street, Laurel, New York. This permission is granted subjecttothe following condition: 1.- The proposed addition shall not be any closer than two and one half. feet i(2½') to the westerly side line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse,Mr. Doyen. PUBLIC HEARING: Appeal No. 1062 - 7:55 application of Leon Brac, 278 E. 239'Street, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article III,-Section 300, Subsection 6, for permission to build an accessorybuilding in the front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York, lot number 49 in NaSaau Point~Club~Properties, Cutchogue, New York. Fee paid $5.00. TheChairman opened the hearing by reading the application for a variance, the legal notice of hearing, the affidavit attesting to its publication in the official newspDper, and notice to the applicant. Southold Town Beard of Appeals -8- March 2, 1967 THE CHA~: Is there anyone present who wishes to' speak for this application? MR. BRAC: It really speaks for itself. It is a large piece of property. I have been living in Nassau Point for 29 years. I am interested in the law and interested in Zoning. I wouldn't make this application if I thought it would h~t the locality in any manner. THE-CHAIRMAN: Are you a year around resident? MR. BRACi~:-We come down almost every week-end during the year. THE CHAIRMAN~ The lot is 385 feet on one side and it is 318 feet on the other side. How wide is the lot? MR.' BRAC: Not on the road it is 100 feet. On Nassau Point Road it is t02 feet. We own the adjacent property on the water. THE CHAIRMAN: On the south? MR. BRAC: x~x~x~u~ That is 117 feet on the water. THECHAIRMAN: This property is about 30,000 square feet or more. MR~ BRAC: We have enough property for four houses but we wouldn't do anything like that. THE CHAIRMAN: What do you propose to put in the accessory building?~ MR. BRAC: It will be a guest house. THE~CHAIRMAN: You are not planning to fix it up and rent it are you? MR.~E~AC: We wouldn't do anything like that. We moved from one place because we didn't have the privacy we wanted. THE HHA~: As a 29 year residento of NassauPoint I don't think you will ~®~~is detrimental. Is there anyone Who wishes Ko :sPeak against this application? (There was no response.) Southold Town Board of Appeals -9- March 2,~ 1967 THE'CHAIRMAN: Are there any q~estions? ~(There. was no response.) THE CHAIRMAN: There is one question I would tik~ to ask. How long do you propose to live in this accessory building2 What would b~ a reasonable amount of time? MR. BRAC: I would like to maintain it after the house is built. THE CHAIRMAN: You are going to build the garage before you build the house. MR. BRAC: This idea of an accessory building came up because we couldn't find a place to rent, When the house is finished I want to move into it. THE CHAIRMAN: The point I am trying to make, what would be a reasonable period of time for you to occupy the accessory building? Would one year be adequate? MR. BRAC: Yes. THE CHAIRMAN: How far from the side yard will the accessory bu ilding be. MR. BRAC: About ~wo and one half feet. THE CHAlq~4AN: I would like to see it five feet from the side yard line. MR. BRAC: Can't you make it three feet. THE CHAIRMAN: Would you maintain the same line withthe main residence? MR. BRAC: The main residence will have to be 10 feet from ~he property line. Are %here any other questions? (There was no response.) Southold Town Board of Appeals -10- March 2, 1967 After investiga~io~ and in~pectio~the-~oard finds that the applicant requests permission to build an 'accessory building in the front yard area. The applicant intends to live in the proposed building until the main~house is built. The building will then be converted into a garage and guest house. .The Board finds that the proposed building is in line with a similar structure on the adjoining property. The applicant's lot is large enough So that it could be divided into two 10ts if necessary. 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 ofthe Ordinance and will not change the character of the district. · n motion by Mr. Hulse, seconded by Mr~ Gillispie~ it was RESOLVED thatLeon B~ac~ 278'E. 239 Street~ Bronx, New York~ be granted permissionlto build an accessory building in the frontyard area, as applied for. Location of property: east side Nassau Point Road, Cutchogue, New York. This permission is granted subject to the following conditions: 1.~ The occupancy of said accessory building is limited to a period of one i(1) yearlof permanent-occupancy. Thereafter, the accessory building may be used for occassional occupancy during the year. 2. The proposed budding shall be at least tt~se (3) feet from the northerly property line. 3. Seereverse Vote. of the Board: Ayes:~.Mr. Gillis~ie,. Mr. Hulse~ Mr. Doyen. PUBLIC HEARING: Appeal No. 1063 - 8:05 P.M.'~.S.T.), Upon application of Harold Feinberg, d/b/a Southampton Produce Distributors, Sound Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article X,-Section 1007, Subsection (e), for permission to expand a non-conforming use. Location of property: south side Sound Avenue, Mattituck, New York, bounded north by Sound Avenue, east by William Unkelbach, sauth by William Unkelbach, west by'Philip Prins, Fee paid $5.00. Southold TownBoard of Appeals -11- Mareh 2, 1967 The Chairman opened the hearing by reading the application for a special exception, legal notice ofhearing, affidavit attesting to its publication in the official newspaper, and notice to ~e applicant. THE CHAIRM_~: Is there anyone present who wishes to speak for this application? MR. DICKERSON: I think the application speaks for itself. I don't know what I could add to it. THE CHAIRMAN: The building that you propose to add is going to locate east and west, and you will have access to it from the east? MR0' DICKERSON: From either sided I think the door would face the east side. THE CHAIRMAN: It will be centered on the width of the lot? MR0' DICKERSON: It will be behind the existing building. THE CHAIRMAN: There is plenty of area there. What will you do with the old chicken coupe, is that in the way? MR. DICKERSON: NOo THE CHA/I~AN: It might be nice to get rid of it. ~Ro DICKERSON: Actually the building is full of machinery. The grading machinery is'being stored there. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present to speak against this application? (There was no response.) Southold Town Board of Appeal~ -12- March 2~ 1967 After investigation a~d inspection the Board finds that the applicant requests permission to expand a n0n-conforming use by adding another building on the property. The proposed building will be used for potato storage. The Board finds that the proposed building will be 40 feet by 100 feet. The building shall be no closer than 10 feet to the southerly property line, and not closer than 50 feet to the easterly~property line. The Board finds that this expansion will not change the character or the use of this property in the neighborhood. 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 beobgerved. · n motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Harold Feinberg, d/b/a Southampton ~roduce Distributors, Sound Avenue, Mattituck, New York, be granted permission to expand a non-conforming use as applied for.. Location of property: southside Sound Avenue, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse, Mr. Doyen. PUBLIC P~.ARING: Appeal No. 1064 - 8:15 P~M. iCE,S.T.)~ Upon application of Edward H. Williams, III., Route ~25, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 5$,for permission to convert a one family dwelling into a two family dwelling~ Location of property: north side Main Road, Orient~ New York, boundednorth by'Lawrence REybin~, east by Rose Palm, south by Main Road, west by Lawrence R~bine. Fee paid $5.00. The Chairman opened 'the hearing by reading the application for a special.excgption, the legal notice of hearing~ the affidavit attesting to its publication in the official newspaper, and the notice to the applicant. THE CHAI~4AN: Is there anyone present to speak for this application? FLOYD KING,~ JR.: I speak on behalf of Mr. Williams. One thing that isn't mentioned in the application, there has been a small apartment above the garage that has been used by the owner when they have come out and the cottage was rented. There will be~no~c~ange. $outhold Town Board of Appeals -13- March 2, 1967 THE CHAIRMAN: What did the owner use? .JR.: The garage on the premises. THE CHAiIRMAN:Where is that located? FLOYD KING~ JR.: On the northeast corner of the property° THE CHAIRMAN: It is above the garage? FLOYD KING,JR.: It is one finished room. There is ~a-other room that contains a sink and a hot plate which they use. THE CHAIRMAN: Who lived in it? FLOYD KING, JR: Mr-, Williams. The owner spent tim~in this apartment. THE CPIAIRMAN: And he rented the main house? FLOYD KING, JR.: He has spent time there when he has come down and the ~welling was rented. THE CHAIRMAN: Is he the only owner that has done that? FLOYD KING, JRt: I don't know. The ~rtment has been there as long as the garage. I am sure it was in existence long before the zoning went into effect. Also I think that it is common practice in an area, if the~e is mere than one residential zone, to have.lower zoning requirements on property next to a business zone area as this is. THE CHAIRMAN: That is a~ interesting point. ~Can you back it-up? FLOYD KING, JR.: I believe this is a common practice on ShelterIsland. They have one half acre zoning and one acre zoning away 'from the buRiness. THE CHAIRMAN: I don~t think so. Southold Town Board of Appeals -'14- March 2, 1967 FLOYD KING, JR.': ArQund the business area they have one half acre zoning and for that reason I don't think it would be out of character~o grant this variance. THE CHAIRMAN: What is the size of this lot? FLOYD KING, JR.: I believe it is slightly in excess of one half acre. THE CHAIRMAN: It is seventy five feet by two hundred twenty five feet? FLOYD KING., JR.': It has never been surveyed. THE CHAIRMAN: It is about 16~000 square feet. · Do you wish to present anything else? FLOYD KING, Jla.: No. THE~ CHAIRMAN: Is there anyone present who wishes to speak against this application? JOHN TUTHILL: I would like to speak for myself. I have property across' the.street, I have right of way across this road. Our'main objection is parking facilities around this house. When people were liming there before~ I wasn't aware t~ey had~eople living in the garage. THE CHAIRMAN: Would you describe the property that y0D6wn on the west of Reybine Road. JOHN TUTHILL: The one lot is about 100 feet. Another lot is 400 feet. THE CHAIRMAN: Have you divided it upiinto building lots? JOHN TUTHILL~ I haven't done anything yet. I have about 500 feet frontage, a total of 2~ acres. THE CHAIRMAN: Does yQurproperty go all the way back to the pond? JOHN TUTHILL: It goes to the Sound. Over this way we have another 20 acres. On this parking prob~mthere actually has been an accident there in the past two years. Parking is one of our main objectinns there. We have a pretty good Ordinance and I would hate to see it changed. Southold Tgwn Board of Appeals -15- March 2~ 1967 THE C~AIRMAN: If there was room to park there would youhave any objection to a two family residence? JOHN'TUTHILL: In general we would. THE CHAIRMAN: Is there anything else you would like to add? JOHN TUTHI?~: This is out point. THE CPSC: You are trying to protect this driveway and also the parking area. JOHNTUTHILL: The house fills up most of the lot. THE CHAIRMAN: Andyou are trying to protect 2'0 acres across the stree~ IS there anyone else who wishes to be heard? LAWRENCE REYBINE: I own the property to the west and the north. I believe in the application it was stated there is a road 30 foot wide. This is a right of way to private property north of the Main Road. FRED HULSE: The property in question has no right to it? LAWRENCE REYBINE: It has been used as a parking place because theywere friends of mine and nothing was said. I have neverbeen awaNe of anyone living in the garage. Mr. Williams usually come down after-the rental season was over. THE' CHAIRMAN: How much time does Mr. Williams spend here? LAWRENCE REYBINE: I don'tknow how much time he spends there. You have only 75 foot frontage here and you are talking about double occupancy. THE~CHAIRMAN: The Ordinance requires 25~000 square feet, 200 feet frontage, if you were starting out to build a~c two family residence. It requires a double lot. There are good reasons for that. At first we thought it would be be~ter to convert a old dwelling into a two family residence~ rather than let it deteri~te. The thinking changed'~w~ a good deal after we discovered how little water there is available, and Orient is one of the places were there is a limited amount of water. Is tt~e anyone, else who wishes to be heard against this application? SouthOld Town Board of Appeals -16- March 2, 1967 WILLtAM~W~SOCKI: I go along with what has been said. THE C~: You live directly opposite from the property in question? WYT.LIAM~KI: Live across the street. no two family house unless he built a new one. house. That house is I know that THE CHAIRMAN: Are there any other~-~uesti~ns? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to convert a one family dwelling into a two family dwelling on the Main Road in Orient. The Board finds-that the lot is undersized and does not meet the present requirements of the Zoning Ordinance for a two family dwelling. The lot isapproximately 75 feet by 210 feet deep and entirely inadequate for two family occupancy. The Board finds that parking facilities for even two cars are inadequate. The Board points out that financial hardship is notconsidered a valid hardship in considering.this type of application. The Board also points out'that-Orient is one of the areas in:Southold Town were there is. a limited amount of fresh' water, therefore, said proposed two family dwelling would not be in keeping with the report of the professional water survey done for Southold Town. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood propertyand adjoining use districts will be permanently.or substantially injured and the spirit or,the Ordinance will not be observed. On motion by' Mr. Gillispie, seconded by Mr. Hutse, it was _RESOLVED that-Edward H. Will%_ms, III~ Route 25, Orient, New York,~be denied permission to convert a one family dwelling into a two family dwelling on propertylocated on the north sideMain Road~ Orient, New York. Southold Town Board of Appeals -17- March 2~ 1967 PUBLIC HE. ARING: Appeal No. 1065 - 8:30P.M~.~E.S.T.'), Upon application of Lions Club of Mattituck, Mattituck, New York~ for a special exception in accordance with-the Zoning Ordinance, Article III, Section 300, Subsection 10, for per- mission to retain an off premises sign on the property of TerryR. Tuthill. Location of ~roperty:' north side Route 25, Mattituck, New York, bounded north by'~L.G. Tuthill Est.~ east by'L.G. Tuthill Est., south by Main Road, west by Tuthilt Est. ~ee-~a~-~08~ No fee required. The Chairman opened the hearing by reading the application for a special exception, the legal notice of hearing, affidavit attesting to ~s publication in the official newspaper, and the notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes tospeak for this application ? WTT.T.J3k~J. CI~%RKE,ESQ.: I speak on behalf of the Lions ClX. In addition to what is on the application, the sign has. been there for a number of years. There never'hms been any objection to itL there. THE CHA~: How many signs do you have? WILLIAM J. CLARKE, ESQ.: The application speaks of only one sign. We have a'sign on the west sideof Mattituck. We have a letter of permission fro~Olsen Realty. FRED HULSE: I think that sign is on the highway line. THE CHAIRMAN: The signs should be five feet from the property line. The application is accompanied by two letters of permission. One from Te~ry R. Tuthili and another from Olsen Realty. Anyone else wish 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.) THE CHAIRMAN: Are there any questions? There was no response.) Southold Town Board of Appeals -18- March 2~ 1967 THE CHAIRMAN.: I would like to ask a question.. I noticed there is no fee required. IS this a charitable organization? WIT~.IAM~%CLARKE~ ESQ.:.It provides services and to a certain extent it is charitable. It does work forthe community and makes contributions to the Sight Conservation. else THE CHAIRbLm~: Is there anyone/who wishes to be heard~ ~CThere was no response,) After investigation and inspection the Board finds that the applicant requests permission to retain two offp~emises signs. One sign is on the property of Terry R. Tuthill in Mattituck; and the second sign is on the property of James J. Olsen, in Aaurel. Both property owners have given permission for a sign onr their Property. The Board points~out that s~ad signs are in the interest of the travelling public and the signs designate the meeting place of the~ocal chapter of the Lions Club. In genreal the Board is ih a~ement~ith the reasoning of the application. ~The Board finds that the public convenience and welfare andj~.~stice will be served and the legally established or permitted use~f neighborhood propert~ and adjoining use districts~ill notbe permanently or substantially injured and the sPirit.of the Ordinance will be observed. On motion by Mr. Gillispie~ seconded by Mr. Hulse, it ~as RESOLV~O that~LionsCtub of Mattituc~ Mattituck, New York, be granted Permission to retain the f.ollowing off premises ~igns. '1) a sign Oh"the property of Terry R. Tuthill, Mattituck~ New York; 2) a sign on the property of James J. Olsen, Laurel, New Yo~. This permission is granted subject to the following conditions: t. Both signs shall be located at least five ~) feet from any ~roperty line. 2. Both signs are subject to all subsequant chan~es in the Southold Town Zoning Ordinance as it applies to signs. Southold Town Board of Appeals -19- March 2, 1967 3. Both signs shall be granted for'one (1] year renewable annually upon written application to the Board~of Appeals. Vote of the Board: Ayes:- Mro Gillis~ie~ Mr, Hulse, Mr.-. Doyen. On motion by Mr, Gillispie~ seconded by'Mr. Hulse, it was RESOLVED: WHER~Shell~Oil company requested a postpone- ment on appeal number 1066, in view of the fact they would not be able to attentthe hearing, The Board of Appeals sets 8:00 p.M..CE.S.T.), Thursday~ March 16, 1967, at the Town Office, Main Road, Southold, New York~ as the time and place of hearing uponapplication of Shell Oil Company, ArgyleSquare, Babylon, New York, for a special exception in accordance withthe'Zoning Ordinance, Article IV, Section 408, Subsection Cc),~for per- mission to retain roof sign on pylon. Location of property: Main and Old Road and Bray~Avenue, Laurel, New York, bounded north, by Main Road, east byAlrod Realty, south by Old Main Road, west by Old Main Road and Main Road. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Hulse, Mr. Doyen. On motin by'Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Appeal Number 1067,.upon applicationof Fl~et~Lumber, Inc., Route 25, ~reenport, be postponed until later in the evening. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse~ Mr. Doyen. Mr. Joseph Polashock appeared before the Board for an informal discuSsion in regard to lscating a garage in his rear yard area with insufficient side yard a~ea. Mr~ Polashock's property ~ located on Third Street in New Suffolk. He was given application forms to apply fora variance. Southold Town Board of Appeals -20- March 2~ 1967 PUBLIC HEARING: Appeal Number ~068 - 9:00 Upon application of Michael and Mary Morris, Route 25~ Southold, New York, for'a special exception in accordance with the Zoning-Ordinance, Article IV, Section 408, Subsection (a), for'permission to retain an on premises identification sign with excessive size. LoCation of property: south side Main Road, Southold, New York, bounded north byLieblein, east by Bud's Pond, south by Booth, west by Main Road. Fee paid $5.00. The Chairman opened the hearing by reading the applicati~ for a speical exception, legal notice of hearing, affidavit attesting to its publicatiDn in the official newspaper, and notice to the applicant. THECPtAIRMAN: Is there anyone present who wishes to speak in favor'of this application? MR. MORRIS: I speak for the application. (The Chairman read theorder to remedy violation) Mr. MORRIS: The sign has been there for 17 years. We have four business there any only one sign at 'the location, and that is the structure being used. THE CPIAIRMAN:What are the four business? MR. MORRIS: Fi~ing business, motel~ I have an outboard shop and we have a scallop shop. MR. DOYEN: What do you mean by scallop shop? MRi MORRIS: We open scallops. THE~CHA~R~N: You don't have a restaurant? MR. MORRIS: NO, I don~t. THE CHAIRMAn,: You rent the boats? MR. MORRIS: I have t20;outb~ard rentals. THE CHA~: ~ow do you identify the property now? MR. MORRIS: As Southold Fishing Station andSouthold Marina. Southoid Town Board of Appeals -21- March 2, 1967 THE CHAIRMAN: You have one 12 foot by 12 ~ot sign on the property and there is another sign on a little trailer. MR. MORRIS:~ Last fall we didn't sell any scallops. NobOdy knew we even had scallops. We put that sign there to identify the scallop shop. THE CHAIRMAN: You didn't sell any scallops when you didn't have the sign there advertising them? MR. MORRIS: After we put the sign up we sold them. THE CHAIRMAN: There are three of the business advertised on the sign. What does the sign say? MR~ MORRIS: Motel, Southold Fishing Station, boats and motors. THE CHAIRMAN: There is a boat in front of the sign now. MR. DOYEN: Why is that boatthere? MR. MORRIS: We are running out of space. MRj DOYEN: Three quarters of your sign is not visible. MR. MORRIS: That boat witl be moved out of-there. THE CHAIRMAN: What is your-road frontage of the lot? MR~ MORRIS: 135 feet and 400 feet'from the motel. THE CHAIRMAN: You have over 500 feet of road frontage then. What is the depth of the property? MR. MORRIS: 500 feet. We own an acre on the bay. THE CHAIRMAN: The~e is about 5 Or 6 acres in all. MR. MORRIS: The property narrows down on the bay. We may cut down to 250 feet on the west line. THECHAIRMAN: You conduct five business on one piece of property is that correct? MR. MORRIS: Right. $outhold Town Board of Appeals -22- March 2, 1967 T~E CHAIRMAN: Do you have individual employees for all fo these different businesses? MR. MORRIS: We run it ourselves. THE CHAIRMAN: You have temporary help in the summer. How may months out of the year do the people in the scallop shop work? MR. MORRIS: The season, Usually from September 15, to March 21-. THE CHAIRMAN: In other words about'six months? MR. MORRIS: About six or seven months. MR. DOYEN: These people open and pack scallops? MR. MORR.IS: Yes. Most of them go to market. THE CH~IPd~%N: How manybeats do you have? MR. MORRIS: 110. THE CHAIRMAN:How ~many slips do you have? MR. MORRIS: 114 to be exact. THE CHAIRMAN: How many boats do you have stored on the premises? MR. MORRIS: 130, not counting my own. MR. DOYEN: That is all size boats? MR. MORRIS: Thirty-two feet are the largest. THE CHA~: Actually what we have done where there are more than one business conducted on the premises, we relax the rules as to the size of the sign permitted. Each business is permitted a~sign six feet, six inches by twelve feet~ six inches, single or double face, one sign on the ground and one on the building. On the face of the building. Where you have five businesses conducted on five acres, 110 rental'boats on the premises, 130 stored boats, andryou have a scallop business and motel, and outboards and motor<'shop, we ofteDn relax the rules. We think it is better to have one Sou%hold Town Board of Appeals -23- March 2, 1967 sign .rather 'than to have several signs or a string of signs advertising all of the business on this property. The best solution is to leave the sign that you have just as it is. I think the Board would be willing to grant t~is other sign on the trailer if'you located it on post or something and put it three feet from ground level. MR. HULSE: Can't that sign be made to go'this other sign. You only need it during the scallop season. There will be less clutter that way. MR. MORRIS: I have a piece of ground in Orient. I have no sign whatsoever and w~e~xxx I actually built that trailer for there. THE CHAIRMAN: Youmay apply to relocate the sign at your Orient Station. MR. HULSE: You can use one of the other panals for-the scallop shop. MR. MORRIS: Can we apply for a sign at Orient? THE CHAIRMAN: You would have to find a place to put it. That would be one of the types of signs that we would be in favor of. How big is the sign? MR, MORRIS: Four feet by six feet. THE CHAIRMAN: How do people get to the Fishing Station at Orient? MR. MORRIS:-By a right of way westerly'of the airport. THE CHAIRMAN: Who owns the land? MR.. MORRIS: Charles Rose. THE CHAIRMAN: Are there any other'questions? (There was no response.) Southold Town Board of Appeals -24- March 2, 1967 After'investigation and inspection the Board finds that the applicant requests permission to retain an existing on premises identification sign Which is ex- cessive in sise. The Board finds that the applicant conducts a fishing station business and motel.operation, also a scallop shop and marina of substantial size~ There are 110 boats on the property for rent; 114 slips for boats; and at the present'time 130 boats stored on the premises. It tis the opinion of the Board that.i~ is betterto have one sign~ 'excesSive in size, than to have several signs advertising all the business conducted on tb~ one parcel of land. The applicant agrees not to apply for any other ground sign or advertising sign at this premises, he further agrees to remove the small sign that is located on the p~table trailer. The Board finds that the public convenience and welfare and jsutice will be served and the legally established or permitted use .of neighborhood propertyand adjoin~g use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by'Mr. Gillispie, seconded by Mr. 'Hulse, it was RESOLVED Michael and MaryMorris, Route 25, Southold, New York, be granted permission to retain an on premises identifidation sign with excessive size, as applied for. Location of property: south side Main Road, Southold, New York. This permission is granted subject to the following conditions: 1. The sign shall be located at least five feet from any property line. 2. This permission is granted for a period of one yearlonly, renewable annually~upo~written application to the Boardof Appeals. 3. This permission is subject 'to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 4. The applicant agrees not to display any other ground sign on this premises; he further agrees to remove the present portable sign on the trailer. Vote of the Board: Ayes:- Mr. Gillispie, ~r. Hulse~ Mr. Doyen. Southold Town Board of Appeals ~25- March 2~ 1967 PUBLIC P~2~RING: Appeal No. 1067- 8:45 P.M.(E.'S.T.), Upon application of Fleet-Lumber, Inc., Route '25, Greenport, New York, for a special exception in accordance with the' Zoning Ordinance, Article IV, Section 408, Subsection ~), for permission to retain wall signs. ~Location of property: south side Main Road, Greenport, New York, bounded nortkby M~n Road, east by Andrew Cassidy, south by Railroad, west'by Robert Brown. Fee paid $5.00, The Chairman opened the hearing by reading the application for a special exception, the legal notice of hearing, affidavit attesting ~to '~spublication in the official newspaper, and the notice to the applicant. THE CHAIRMAN: Is there anyone present %ho wishes to speak for this application? SAMUEL COPIN:~ice President): We speak for ourselves. We applied for the application. I am representing FleetILumber. The lettering on the Side~ur building - one ~has been there for~35 years~ the other for 15 years. They are self identifingo There are no trade names on the building . I think you will have to admitwe keep a neatllooking commercial institution. The lettering is paint, two or thee coats. To de,re the lettering we would have to paint the Whole side of the building. ; THECHAIRMAN: What is the black lettering? Oil base paint. THE CHAIRMAN: Can't you~scrape it' off? MR. COPIN: I would hate to start it. The most feasible way to take those letters off is with varnish remover. We wouldn't~have any siding left. THE CHAIRMAN: Is there anything else? MR. COPIN: No. THE CHAIRMAN: Anyone present who wishes to speak against this application? .(There was no response.) MR. COPIN: Coming from the westerly direction we do have identification problemsm This is hard to understand, but we have many people come in and say can be leave our liscense here. Southotd .Town Board of Appeals -26- March 2~- 19'67 THE CHAIRMAN: The buil~ ing angles toward the road? MR. COPIN: It is right angle with the south and north line. MR. HULSE: The road doesn't'run straight-there. THECHAIRMAN: We gave you a special exception orr signs on the frontof the building. Signs that read building materbls and showroom. You have two signs in the front ayard which are quite legable. This//s something we have notgranted to anybody that I can'recall. I don't know how the rest of the Board feels.' The sign on the east sh~ld com~e off, the sign on the west too. I am willing to be over-ruled. MR. HULSE: The sign on the east, I don~t think that does anygood. The sign on the west, there may be a need for that. THE CHAIRMAN: I would like to see that sign on the west smaller. MR. COPIN: I know it is enormous. We went by a set pattern. It does create a problem to remove the lettering offthe'building. If it didn't we wouldn't need any pressure, to remove two signs. ~The removal of the off premises sign at'Laurel was briefly discussed.) ~(Locations of existing 'signs on the property.were discussed. It was--agreed that the applicant could retain the sign on the west wall and must remove the sign~on the east wall. The applicant agrees not to erect any other Signs at this premises.) After-investigation and inspee%~on the Board finds .that theapplicant reques~ts permission~o retain more than, on~-~Side wall sign. ~e applicant preSently~has ground signs and front wallsigns. The Board finds there is a identification problem of the property Comimg-froma~ ~e~'=~~ direction. Therefore, the Board grants permission t6 retain a side wall sign on the ~w~ westerly side wall, and denied permission to retain a sign on the easterly side wall. The applicant agrees no, to erect or display~ny Other signs~ at th~ premises. $outhold Town Board of Appeals -27- March 2, 1967 As to the west wall sign the Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use ofneighborhood property and adjoining use districts will not be permanently.or substantially injured and the spirit of the'Ordinance will be observed. As to ~e east wall sign the Board finds that the public convenience and welfare and justice will not be served and the legally established or' permitted use of neighborhood property and adjoining use districts will be permanently Or substantially injured and the spirit- of the Ordinance will not ~be observed. On motion by Mr. Hulse~ seconded by Mr. Gillispie, it was RESOLVED That Filet'Lumber, Inc., Route 25, Greenport, New York, be denied permission to retain a side wall sign on the east~side~of the building located on the south side Main Roa~ Greenport, new York, and IT-WAS FURTHER RESOLVED That~Fleet'Lumber# Inc., Route 25, Greenport, New York, be granted permission to retain a side wall sign on the west side of the bUilding located on the south side Main' Road, Greenport, New York. This permission is granted subject to the following conditions: 1. The sign shall be granted for a period of one year, renewable annually upon written applicationto the Board of Appeals. 2. The sign shall be subjeet to all subsequent changes in the Southold Town Building Zoning Ordinance as it applies to s!g~s. 3. The applicant agrees to not erect or' display any other signs on this premises. 4. The sign on the east wall of the building shall be removed by July 1, 1967. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse,Mr. Do~en/ Southold Town Board of Appeals -28- March 2, 1967 On motion by Mr. Gilti~ie~ seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals,1 dated~m~"~ February 16, 1967~ be approved .as submitted. Vote of the Board: Ayes:- Mr. G~llispie, Mr. Hulse, Mr. Doyen° On motion by Mr. Gillispie~ seconded by Mr. Doyen, it was RESOLV~Dthat the ~uthold Town Board of App~ ~ set~7:40 P.M.(E..S~T.), upon application of'Sterling Harbor'Marina, Manhanset Avenue, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article. IV, Section 408, Subsection (a)~ for permission to retain a directional sign on the property orcA. Straussner. Location of property: north side Main Road, Greenport, New York, bounded north by Jo Brandi, east by A. Straussner, south by~Main~Road, west by~Kzsyminski. Vote of the Board: Ayes:- On motion by'Mr. Hulse, secended by Mr. Doyen, i twas RESOLVED that the SoutholdTown Board' of Appeals set 8:15 P.M..(E.S.T.), Thursday, March 16, 1967, at the Town Office, ~ain 'Road, Southold, New York~ as the time and place ofhearing on the Board's motion a rehaaring on Appeal number 986, upon application of C.H. Wickham, SuffolkAvenue, Mattituck, New York, for a speical exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10~ for permission to retain ~ the following signs:' 1) ~ne directional sign on the southeast cornerlofthe Main Road andSouth Harbor'Lane, Southold, New York, bounded north by Main Road, east by'Diller'Bros-, south by~Diller~Bros.~ west by South Harbor Lane; 2) one directional sign on the south east corner of Hiawatha's Path andSouth Harbor'Road, Southold, New York, boundednorth by Hiawatha's Path~ east by land new or formerly of C.H. Wickham, south by Joe Parker,. west by Sou~ Harbor Road; 3) one directional sign on the south west corner of Baywater Avenue and Nokomis Road,] Southold, New York, bounded north by Baywater Avenue, east by Nokomis Road, south by L & M Johnson, west by'Myra Foster. Vote of the Board: Ayes:- ~. Southold Town Board of Appeals -29- March 2, 1967 On motion by M_r. Doyen, seconded by Mr. Hulse, it was RESOLVR~ that the Southold Town Board of Appeals set 8:30 P.M.s(EST), Thursday, March 16, 1967, at the Town Office, MainRoad, Southold, New York, as the time and place of ~hearing upon application of Alfred E. and Alice J. Dart, Bayview Road, Southold, New York, for recogrukion of access in accordance with the State of New York Town Law~ Section 280A, Location of property: right of way at the south end of'Willow Pond Lane, Southold, New York, bounded north by Willow Pond Lane, .east, south and west by land. of Alfred E. Dart. Vote of~ the Board: Ayes:- ~?.L On motion by M_r. Gillispie,. seconded by Mr. Deyen, it was RESOLVED that the Smuthid Town BOard of-Appeals set 8:45 PjM. , (EST), Thursday, March 16, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Theodore Rohloff, Main Road, Orient, New Yor$, for a variance in accordance with the Zoning Ordinance, Article III, SectiOn 303, Article X, Section t000A and 1000B, for permission t6 set off a lot-with insufficient frontage and move an un- dersized cottage onto said lot. LoCation of property: north side Main Road, Orient, New York, bounded north by Witliam Hab.ermann, Sr., east by Scandia Prod., Inc., south by Main Road, west by John Wysocki, Voteof the Board: Ayes:-ALL On motion by"Mr. Gillispie, seconded by Mr, Hutse, it was RESOLVED that the $outhold Town Board of Appeals set 9:00 P.'M. ~ST)% Thursday~ March 16, 1967, at the Town..Offic~ MainRoad, Southold, New York~ as the time and place of hearing upon application of Thomas and Florence Jurzenia, Silvermere Road, Greeport, New York, fora special exception in accordance with the Zoning Ordinance~ Article III,-Section 300~ Subsection 10, for permission to retain a directional sign on the property of King-Greenport~Associates, Location of property: east side Chapel Lane, Greenport, New York,. bounded north by North-Road~ east by Village ~ Property- A.C . Pauli, south~y Old Highway-L~I. Light, west by'Chapel Lane. Vote of the Board: Ayes:- ALL SoUthold TOWn Board of Appeals -30- March 2, 1967 On motion by Mr. Gillispie, seconded by Mr. Hui~e, it was RESOLVED that the Southold Town Board of Appeals set 9:10 P.-M.'(E.'S~T.'), Thursday, March 16, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Thomas and Florence Jurzenia, Silvermere Road, Greenport, New York, for a speicat~ exception in accordance with theZoning Ordinance, Article III, Sectbn 300, Subsection 10~ and Article IV, Section 408~: Subsection (a)~ for permission to retain the following off premises s~gns: 1) a directional sign on the property of Manor Grove Corp.~ located on the north west side Main-Road and Albertson Lane~ Greenport, New York, bounded north byM. Renick-J.J. Levin, east by Costas~L.I. Lighting'Co., south by'MainRoad, west by Albertson Lane; 2) a directional sign on. the property of Stacia RutkOWski, located on the north.side Main Road, Greenport, New York, bounded north by Village property~ east by Josephine Hutkoski~ south by Main Road, westby Walter Twardowski; 3) a directional sign on the propertyofCharles Hubbard, located on the south side Middle Road, Peconic, New York, bounded north by North Road, east by C. Geinger, south.by'Railroad, west by K.D. Case; 4) two ~2) directional signs on the property of the applicant. Locationof property: south east Main Road and Silvermere Road, Greenport, New York,.bounded ~ north byMain Road, east'by Strelsa Vansciver, south by Railroad, west by Silvermere Road. Vote of~the Board: Ayes:- ALL The next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M.,Thursday, March at the Southold Town~Office~ Main Road, Houthold,New York~ The meeting was adjourned at 10:30 P.M. Respectfully submitted, Southold Town Board of Appeals