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HomeMy WebLinkAboutZBA-06/22/1967 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., CheJrmen Robert Bergen Charles Gre~onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town.Boa,rd of Appeals SOUTHI3LD, L, I., N, Y. Telephone SO 5-2660 M INUT'E S SOUTHOLD T~ BOARD OF APPEALS June 22, 1967 A regular meeting of the. Southold Town Board of Appeals was h'~d at 7:30 P.M%', Thursday, June 22, 1967, at the Town Office, Main Road, S®Uthold, New York. There were present: Messrs: Fred H~lse, Jr., Acting Chairman, Robert Bergen, Charles Grigonis, Jr., Serge Doyen, Jr. Absent: Mr. Robert W. Gillispie, Jr., Chairman PUBLIC BF~%RING: Appeal No. 1105 - 7:30 P.M.(E.'D.~S.T.)~ Up®n application of Seuthold Town Beach Motel, North.Road, Southold, New York, for a special exception in accordance with the-Zoning Ordinance, Article III, Section 300, Subsection 10 for permission to retain the following signs: 1) a directional sign on the property of John Wickham~ located on the'west' side Hain Road, Greenport, New York, bounded north by Albertson Lane, eastby Main-Road, south by Cassidy, west by Cassidy, 2) a directional sign on the property or'Alfred V. Teves, located on the north side North Road, Greenport, New York, bounded north by Long Island Sound, east by'E.F. Burkey, south by North Road (CR27A) west by Talmage. Fee paid $5.00. The Chairman opened the hearing by rea~g the application for a special exception, legal ~tice of hearing, affidavit attesting to its publication in the official newspaper, and notice to thezapplicant. Southold T6wn Board of Appeals -2- June 22, 1967 THE CHAIRMAN: Is there anyone present to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application2 (Tt~e was no response.) THE CHAIRMAN: Maybe the building inspector can tell us what the sizes of the signs are. HOWARD TERRY,BUILDING INSPECTOR: They are four feet by six feet. They are in rough shape and need refinishing. MR. BERGEN: In other words these signs have been up before? HOWARD TERRY: Yes. MR. BERGEN: They have never had a permit? HOWARD TERRY: Yes, this is the new owner. MR. BERGEN: Are they setback from the property line? THE CHAIRMAN: They look pretty well back. HOWARD TERRY: They are set back alright. THE CHAIRMAN: Is the~e anything further? (There was no response.) After investigation and inspection the Board finds that the applicant requests permisssion to retain two off premises directimnal signs. Both property'owners have given written permission for the location of signs on their property. The Board finds that the applicant is in the motel business, The Board points out that these signs are in the interest of the travelling public. The Board finds thatthe public convenience and.welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -3- June 22, 1967 On motion by Mr. Bergen, seconded by bit. Grigenis, it was RESOLVED Southold Town Beach Motel, North Road, Southid, New York, be granted permission to retain the following signs: 1) a directinnal sign on the property of John Wickham, Iocated on. the west side M&in Road, Greenport, New York; 2) a directional sign on the property of Alfred V. Teves, Located on the north side North Road, Greenport, New York, as applied for. -This permission is subject to the following conditions: 1. Both signs shall be granted for a period of one year only, renewable annually upon .~tten application to the Board of Appeals. 2. Both signs shall be subject to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 3. Both signs shall be no larger than four feet by six feet, or twenty-four square feet. 4. Both signs shall be located at least five feet from any road~or property line. 5. Both signs shall be located at least three feet above ground_level. 6. It is suggested that the signs be better maintained. Vote of the Board: Ayes:- Mr. Hulse~ Mr. Bergen, Mr, Grigonis, Mr. Doyen. PUBLIC HEARING=. Appeal No. 1106 - 7:40 P.'F~'(R.D.S. Te), Upon application of RensselaerlG. Terry, Jr.~ Esq., Main Road, Southold, New York, a/cWilliamL. Pitman, 17 Creston~Avenoe, Tenafly, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, ArtiCle III, Section 300, Subsection 6, Article X, Section 1000A, for permission to divide property with insufficient frontage and construct an accessory budding in the side and front yard area. Location of property: west side private road Arshamomaque'Colony, bounded north byHerber J. Brown, east by private Road, south by Irving C. Pitman~ west by Mill Creek, Fee paid $5..00. Southold Town Board of Appeals -4- June 22, 1967 The Chairman opened the hearing byreading the application for a variance, 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 f~r'this application? favorable approval on th~s, ~n part _to and request your .... 10 foot strip to his neighbor that has a 50 foot lot and alsS~t~ permit him to construct a new garage on this propertyto replace an existing structure. I think this does not vi~atethe sl~rit of the Ordinance and would improve the character of the neighbor- hood. I think Mr. Hyatt left some figures here on the setback and'side yard of the garage. ~OWARD TERRY: It'is 36 feet back from the road and 33 feet from the present side line. If you grantthe variance for the 10 foot transfer it will be 25 feet from the side line. THE CHAIRMAN: The application shows you propose 30 feet and 25 feet from the road line. HOWARD .TERRY: They moved it back. THE CHAIRMAN: Anyone else wish to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak ag~nst~this application? (There was no response.) THECHAIRMAN: Are there any questions? blR.~ BERGEN: I go along with t~e application, it looks ~ike it will bean improvement. ~fter investigation and inspection the Board finds that the applicant request permission to sell off a strip of land 10 See~ in wSth to the adjoining property owner. The only rea± change here will be a Chan~e of the line on the map and $outhol~ Town Board of Appeals -5- June 22, 1967 will not change the character of ~the neighborhood. The Board finds that the proposed garage will be setback further on the property and this will be benefi~al to the area. 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 variace does observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Rennsselaer G. Terry, Jr., Esq., Main Road, Southold~ New York,. a/c William L. Pitman, 17 Creston Avenue, Tenafly, New Jersey, be granted permission to divide propertywith insufficient frontage and oonstruct an accessroy building in the front yard area as~applied for on property located on the west side private road, ArshamomaqueColony, Southold, New Yo~k. Vote of the Board: Ayes:- Mr. Hulse, Mr. Be~en, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1107 - 8:00 application of Suffolk'Outdoor~ertising Company, Inc., R~iver- head, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, Article IV, Section 408, Subsection (a), Article X, Section 1002, for permission, to retain two billboards on the propertyof L. Young, described as item number one in the application. Location of property: north side Main Road, Laurel, New York, bounded north by Long Island~Railroad, east by private right of way, south by Main Road, (rt.. 25) west by Long Island Railroad. Fee paid $5.00. The Chairman opened the hearing byreading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to'~e applicant. Southold Town Board of Appeals June 22, 1967 TP~ECHAIRMAN: This sign is the one'I have just read, north side Main Road, Route 25, at'Long Island Railroad, 2 billboards, land of young. Do you have the letters of permission from the p~operty ~ners2 RICHARD CRON, ESQ.: This is a five year lease that covers that particular property. It is dated 1964. THE CHAIRMAN: It still has two years to run. This is just on this one application? RICHARD CRON1, ESQ.: Just on the one, this land. In addition to the five years initial term there is an automatic five year renewal option. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? RICHARD CRON, ESQ.: If it pleases the Board, I am here on behalf of'Suffolk Outdoor Advertising. Apparently we are taking this thing on a single basis. My remarks will have bearing on the other signs that follow. As the application indicates we are not dealing with an ordinary sign application, and we must distinguish this on the outset. We are dealing here with a business whose sole purpose is advertising by billboard signs. You are dealing with just~that, a business. You are not dealing with the ordinary on premises or off premises signs that may be used in conjunction with a particular business . We believe, and you may say unfortunately, that if billboard signs are eliminated or. any attempt made to eliminate them in the entire Town of Southold you are going to bring despair and lost tO-the property not only to Suffolk'Outdoor~Advertising but to the other business-that make the services of Suffolk'Outdoor Advertising available to themselves. No business inSouthold~Town is going to survive with the ability to advertise the particular business involved,, eitheron a directional basis or on private basis. We deem all the applications for these particular sites should be approved, atleast until some workable solution is afforded to this type of business and all other business that use a'dvertisisg signs as a media. The billboard industry has been signified with disreputable types of signs. We would lik~ to go on record right now, if we are granted the approval of these applications that~every effort will be made to have these fit in with the contour of the land and the Town of Southold, so that'they do n®t blight the landscape. From here on 'in I will direct my remarksto the site location. An examination of this sign Southold Town Board of Appeals -7- June 22, 1967 site will indicate this is near a railroad track. There is only one house in the immediate area. I can't say it is a zesidential area. It will not be detrimental to the residential development at.the present time. I wil~est on what~I have said so far. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was noresponse.) THE CHAIRMAN: I have two letters to read into the record. ~June 20, 1967~ Southold Town Board ofAppeals, Southold, New York. "Dear'Sirs: "I would like to protest to you the continuation of the type of advertising desired by theS~ffolk OutdeorAdvertising Companya Inc.; of Riverhead, N.Y. Surely the residents of our area and 'the visitors who come here a~e entitled tomore consideration and respect than to be confronted with such blights as the profusion of billboards in the Arshamomaque area ~ud'the area near the traffic circle near Greenport, to name but two of them. Natural beauty of landscape, as it becomes scarcer, willbemme more desired by tourists and will attract both tourists and residents to our area if it can only be safe- guarded against such blights as these billboards and other atrocities. "Sincerely, /s/ Mrs. Edward Adams." "June 22nd, 1967, Southold, Town Board of Appeals, SouthOld, New York. "Re. Public hearings by'Zoning Board ofAppeals - June'22nd, 1967 - I~dividual hearings listed from 8:00 P.M.~. Thru 10:00 "Gentlemen: "The Southold-Peconic Civic AssociatiOn, Inc. a wishes to reaffirm their stand on the law which would eliminate billboards and other illegal signs. We believe these signs are det~rmental to the beauty, attractiveness and general welfare of the community. Southold Town Board of Appeals -8- June 22, 1967 "Therefore, the Southold-Peconic'Civic Association, Inc., wishes to state its opposition to exceptions to the law which would permit the continuance ofthese signs. "Very truly yours, SOUTHOLDPECONICCIVIC ASSOCIATION, INC., s/s Alfred E. Dart, President." THE CHAIRMAN: Is there anyone present.who wishes to speak against this application? NELSON AXIEN: The only kind ofadvertising sign specifically authorized by the Ordinance is a sign advertising business conducted on the premises on which the sign is maintained. This would seem to indicate an intention to prohibitany advertising' sign which does not'advertise business conducted on .the premises. The five years allowed by the Ordinance for removal of non- conforming signs expired five years ago. .Anyene who has continued a non-conforming sign Without'a special exception has been defying the'Ordinance for five years, and clearlyhas forfeited any claimto further indulgence. Anyonewho has continued a non-co~frming sign pursuantto a special excepbion has hadample t~me to comply with the Ordinance and needs no further indulgence, I believe that the principal purpose of a special exception is to relieve an owner of real property from unduehardship resulting from application of a particular zoning restriction to his real prpperty. But here, the application is not made by the owner of real property involved. Nor will the owner of the real property suffer any hardship if another man's billboard is removed from his property. I understand that there are certain things which the Board of Appeals must determine before it can grant a special exception in any of these cases. One of these is that continued use of the billboardwill be in harmony with and promote the general pHrposes and intent of this Ordinance. I respectfully do not see how the Boardcan determine this since the clearintent of the O~dinance is to eliminate billboards. Another thing that the Board must determine is the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected'~y the proposed use. I respectfully do not see how theBoard can determine this. SoutholdTown Board of Appeals -9- June 22, 1967 $outhold Town has a right to deny the use of billboards as adverse to its best interests and we~fare~ It can be shown that ~he use of billboards scar and blemish a landscape. Southold has decided to promote the attractiveness of its countryside for its present and f~ture w~ll being and development. I do not see how the Board can grant special exceptions for some billboards without granting special exceptions for all. To do this, however would be to assume power to nullify one of the purposes or,the sign provisions of the Ordinance. I respectfully suggest that the Board has no such power. It is requested that the Board please receive this statement as an objection in each of the billboard cases. THE CHAIRMAN: Anyone else wish to be heard in opposition? JOHN-O'TOOLE: I am the president of Paradise Shores Property Owners Association. We would like to concur with the statement just made by Mr. Nelson Axien. We strongly object to any billboards in Southold Town that are illegal. There is no reason for'it. We are trying to be a small Town nostalgic of Long Island which I was born on many years ago. We don't h~ve to have a collection of billboards all o~er the place. There is no necessity for it. These advertising agencies have many other medias of advertising. I could go on forhQuzs naming'them but I won't take up the Board's time. I war, to re-emphazize we strongly object-to the Board of"Appeals taking any unnecessary action. We have an Ordinance prevailing here~ we are up to the 10 year period, there is no reason why we have to give into anybody. Thank you sir. THE CHAIRMAN: Anyone else in opposition to this application? MR. PRELI~;ITZ: Private'Citzen, Peconic. I-think this is... I concur with the statements made previously. I think~this is a natural trend for billboards in a community such as ours will be a highly objectional feature and are more determentat' to the welfare and future prosperity of the Town as a whole than for the individual business. Of course there is a hardship on the billboard business, but in a general proposition the welfare of the Town here is'no possible agrument that~the billboards are determental. Southold Town Board of Appeals -10- June 22, 1967 THE CHAI~: Anyone else wish to be heard? STUART FOX: I would like to ask a couple of questions. What can this Board have the power to decide at this time. Can you decide in favor'or against this? Is there an existing law that says they can't'exist or what? THEnCe: Yes, that is why they are before this Board. STUART FOX: Do you have the right to over r~ule this particular law? THE CHAIRMAN: Yes. STUART FOX: I think the Mr. Kem~iff'has just recently pur- chased this SuffolkOutdoor Advertising Company. MR. KER/~IFF: I don't think this is pertinent to the case. STUART FOX: Maybe thathe is going into this thinking he can change the law that exist at this time, whether or not you can decide on this I don't know. THE CP~AIRMAN: I would have to check with. our attorneY~ Anyone else wish to be heard? STEVENCA~PBELL: Taxpayer. I would like to concur with everything that has been said in opposition to.the boards. If this Board decides in favor of this billboard they are invalidating the law thathas been passed. It would give them a monopoly on advertising because they'rule against advertising other business. I respectfully ask that it be denied. THECHAIRMAN: Anyone else? RICHARD'CRON~ ESQ.: To begin with, I am disagreeing with the statements that are made to the effect~that the Ordinance prohibits a billboard. The prohibitions contained in the Ordinance deals with signs in.general. It doesn't deal with billboards it deals with signs. A sign is antying that is on stan~ions, placed on the propertY, painted on the building, The Southold Town Zoning Ordinance permits signs to a certain degree. When you get beyond that degree you must apply to the Board of Appeals to erect'or maintain such a sign. Nothing in the Ord~ance to prohibit a billboard. Now to carry this Southold Town Board of Appeals -11- June 22, 1967 position of eliminating billboard signs a little further . It wouldn't be hard to reach an illogical conclusion that we sh~d fence the Town in from the rest of the world. Maybe plant hedges around it. Youcan carry this a little further and eliminate all signs, on premises and off premises. We are not dealing with justbillboards but also with special exceptions that hav. e been granted for off premises signs, not necessarilybitlboard signs, but signs advertisingbusiness or other types of activities. These are in fact in violation of the Ordinance. When you talk~about blightingthe country- side, why not tear down some of the shacks' that exist in the Town. I woul~ say some of the billboards look alot better than some of the houses and businesses in the Town. We are talking about a ridiculous and illogical conclusion. If you are going to confine this to billboards, let's carryit, through to all other businesses. JOHN O'TOOLE: We got a notice. We have a small sign' about twice the size of that picture up there. We were 20 feet ~w~ from the highway and we were told to move it back 35 feet and we did. We want to go along with what the sign Ordinance is. Now, ourgood~riend over here says they are billboards, not signs, and in the next sentence he says that billboards are signs. Now he is talking about shacksand so forth. This comes next. We have a building Ordinance. We fought for a good many years here to try to get,the whole thing straighten out. ~There should not be an differential granted by this Board to the existing Ordinance that we have as far as S/igns are concerned. If there has been any differential offered I think theyare in error. Specifically and very definitely the Ordinance is spelled out by ~er batim, and the 10 year period has.just clasped, that everybody get off the property that is in violation, that is not within the legal limits. We are not trying to hurt our local merchants. We have onehere, a good real estate agent. We are not-trying to hurt these people. We just don't want this place to be another Coney'Island. Take a ride from here to Greenport. Look what it looks like. It's a shambles. People getting on a train are not comin~ to Southold just because its S~uthold. They are coming to visit you and visit me. They don't need a sign to say they are going past John'Doe's house, or a good restaurant. I think it ~s ridiculous to make this place look in shambles. This is getting just like Coney Island. I have been outhere since 1938 and have watched this grow, this sign business. I have lived up in Nassau County. I lived in Old West_bury for many years. There are no signs up there. We have good restaurants, they don't need a sign. It is by word of mouth or the other medias. /r1- Southold Town Board of Appeals -12- June 22, 1967 MR . DOUGHERTY: I am a working individual, good, bad, or indifferent. I think this, if you read the rules and regulations you would know this. Hotels, motels, restaurants, m~rinas, and everything else exceptthe other ie.gi~ate businesses can still advertise..So you can't talk'against'hotels~ motels or restaurants. The fact of the m~tter is, I look around this whole room here and outside of the guys sitting on the Board and Our good friend Howard Terry, and his secretary, I think thmre is as many as three people working for a living right now. I wantto say I came down here just to listen because way back in December of last year I was served a notice to knock down all my signs. Mr. Prellwitz, Mr. Axien, and Mr. Petrewski were here. I said what's cooking fellowS, and they said these boys are doing a good job, we're going home, and that is ver-batim. I took down all my signs. I have a gripe too, and did all the other things I had to do, and I am still waiting for this Board to p~t the pressure on the other people to take these signs down. To take down all of these obnoxious signs, and frankly there aren't that many signs between here and Greenport. If you want to get down te brass tacks-, you have not be able to take care of the signs that are up. You haven't been able to do that. I sat in here just~aslthis man is tonight. The fact remains when I got all through they said application denied. T~ey let me spendtwo weeks advertising, let me come down here an make a legitimate appeal,and they knocked it down in 36 seconds. It took me two weeks and $15.00 to find out ~that I was going to be knocked off. I:agre'e there was a five year perliOd. I don~t know if you were here the night they put,that Ordinance in. That was in the high school over here.- They met at~8:00 and we were suppose to here it within 15 minutes. Maybe there,s alot of people who voted for all these things they didn't'know were in existance, but now they are fighting for it. And Mr. O'Toole this North Fork ne~erhad~at many obnoxious signs, and the ones thatstill put them up have the right to do it~ You can put up a sign if you want to sell a pig if your&re a farmer. Iknow it and you know it. You can put up a sign if you have a marina some where. You can put up a sign if you have a motel or a restaurant. Theymay be directional signs ~ut they are still signs. I think some where along the line there should be a happy medium. Let's not make fish of one and fowl of another. Southold Town Board of Appeals -13- June 22, 1967 JOHN O'TOOLE In conju~tion with ~hat~ir. Dougherty~is talking about I concurwith what he is saying. We are sitting here for what may appear as people who are objecting to this. What I think basically what we need is for maybe we are in the wrong pew. What we need is for somebody to enforce the law. We have an Ordinance, which is a law, so why do we have to startwith this gentlemen to give him an exception. You didn't give us an~exception as far as Paradise Shores. We had a stinky little sign that said Paradise Shores, private d~way. This gentlemen wants to come up and leave his existing signs. I don't caz~if it was way over on the back side of the woods. The State of New York~very enforcefully they took the bull by the horns on the Northway and on the thruway. All~hese brains, attonneys, go~£deas they could put the signs 300 feet off the road. We have no problems we can putup what we want. New York~State took the bull by the horns and said we are not going to have these monstrosities advertising a motel here, and I am not against thisas far as motels are concerned, all these restaurants, advertising everything else, cluttering up the whole place. They PuL up all kinds of signs. Take a look%, they are all down today. They took the bull by the horns and took the signs down. I think-basically what we need is action either by'through word of mouth to this Board, to out'Town Father, Our~Supervisor~ let's get going and get rid of this thing and stop making all these exceptions. If you give 'this gentlemen whht he wants, give everybody what he wants. THE CHAIRMAN: You had the right to appeal on the isign you had. You had every right to ~make an application. If you~ did not care to excercise that right, don't fault anybody'else. ¥ou'had the right to appeal. Now whether youknowit or don't know it this Board is not an enforcing body. The enforcement of the Ordinance is in other hands. We Can approve or deny. We can'~ take them down or anyt~Mng like that. Once it is denied it is up to the Court. HERMAN~IEBL~: I had a hearing some time ago, I was denied my sign. It is a directional sign, one of the most beautifuly signs in Southold. It has been maintained properly for the last 16 years. Long before Zoning was thought of. I sat here at a hearing and I was coldly denied a sign there , and I was given to understand at'that~time the Board did nothave the authority to grant t/~/attype of sign. 'SoutholdTown Board of Appeals -14 June 22, 1967 THE CHAIRMAN: You were granted a four foot by six foot sign at that location. HE~LIEBLIEN: I did not apply for a four foot by six foot. I applied for the present sign. Nd{. SCPE~%RTING: Tax payer. This Ordinance that~we have came ibto being for the simple reason to controll what would have gotten out of hand. The Ordinance itself is very clear and the articles in the Ordinance where it gives these people to five years to come in and legalize these signs. Alot of these signs that were up at the time were not legal were not legal even if the came in to legalize the sign. Under the state law they were illegal. I am also a member ofthe Civic Association. I am speaking as an indi~ual. We trust that-the Board of Appeals will abide by the' Ordinance an~the people that erect the signs would abide by the Ord/nance. The Article that they are appealing under now is Article IV, Section 408, Subsection' a. A-bi~board does not conform to these sign dimensions. If that sign_was built to those dimensions there would be no reason why they could not get a permit to put that3sign up. We are fighting against somethimg that will over run this Town and will this town like Coney Island. If you go from Southold to Greenport. andMr. Lieblien can bear me out, opposite his place - and this gentlemen said billboards were a source of information to a businessman. I can point out where Claudio's sign was blown down and rusted away. iThat sign is down and Claudio did notsuffer one penny of business. Mitchell's sign has blown down by Mr. Liebliens, only one-third of the sign is up, and. I don't think Mr. Mitchell has suffered anything.. The reason we are here tonight to try to see if we can't get some way to legalize this business. We have been. fighting this since 1957. MR. DOUGHERT¥: I don't think that is the purpose we tonight. Weknow we have an Ordinance on the. books. I thinkthe purpose we are here is to say.whether or not this man can keep his signs up. MARY CPtAPMA~{: Housewife. May I ask upon what.basis you award or grant an appeal. People come for a variance or appeal and then they are disatisfied and they. come to you. - They.made the rulesto pertain to'everybody in the same manner. They for some reason want it changed for their own advantage. You give them an okay, but why do you change this. You say you don't en'~erce it but why do you change you~mind? Southold Town Board of Appeals June 22, 1967 THE CHAIRMAN: We don't change our minds. You can't make an~ Ordinance to comply to every situation.in the area. There are hardships and that i~he reason for this Board. MARY CHAP~: Hardships for business persons? TPtE CHA~: For anything. STEVENCAMPBELL: Without deliberating the issue, in granting the billboards the right to be maintained would be giving them a monopoly on advertising. They could advertise anybody's business they wish to. A man operating a business can't advertise. I don't see how ~they can be grar~d that monopoly. Show me a sign that is loaded with signs audi will show you a Honky-tonk. Town. In Stony Brook there isn't a single sign and the Village Inn is always packed. I have been in advertising for 40 years and there wasn't a single sign that ever sold anything. It arrest attmntion. I am talking about big business where outlay ran into themillions. I am speaking now if we are going to make this Town presentable. You can go up and down and you will see where the law ha~n't been enforced. Every man for himself. Wehave the law on the books, let"s enforce it and abide by it. MR. PRELLWITZ: You emphasize the right to apply for a hard- ship variance. There is another fact there in the basic.concept of zoning. It is the balance between the hardship andthe welfare of the community on the whole. RICHARD CRON.,ES~: I would just like to reply, tO the gentlemenin Million dollar advertising business. Why no get them off'the te'ievisi0n. HoW about cluttering upour ears with this. To get back to the issue, we are dealing here with a business. This is the very~thing that produces and maintains a business,~that is billboards. We want to carry this one step further. What do we do when we get too many'motelS 'in this- Town. Do~we eliminate some of them? They~are cluttering ~the area. If you are in an area where you can build a motel there won't be anyone that can stop you. I own residential property and you may own business property, so you have a monopoly of motels. Youare talking semantics. I can reverse everything you saywhen you apply this to billboards. MR. BERGEN: We are here to get information on this hearing, not to ha~ over other people's property ~ud problems. Southold Town Board of Appeals June 22, 1967 RICHARD CRON,ESQ.: These signs were here before Zoning, before zoning was put into effect. MR. KENNIFF: A shorb'time ago this gentlem~n askedme a questien. BeCause of the trend of this hearing I would like to say something.. I am ~ot only in the outdoor advertising business. I have considerable holdings in New Suffolk, d~aling with the selling of boats, servicing of boats, storage of boatsD I have a restaurant in New Suffolk. He asked me why I got into the outdoor advertising business. I got into it because I can't exist without signs. I spend $16~000.00 a year in New York papers to get people to Southold Town and the one thing this Town has to offer is recreation. I have brought alot of people to $outhotd by my advertising, but they can't' find my establishment without signs. There is a b~s~nessmen's association in this Town that feels the~same.way but they ~n't come down here each time and put'their feelings forth~ but they are strong and they feel strongly there are a very few. people in the Town Who are dedicated to keep St a ruddy-dud town where only the retired~can liveo If we want this type ~of town we can do it ~ without advertising. My children left this Town because there was nothing here for them. There are only four major medias of advertising. Newspaper and magazines, radio, T.V~, and .outdoor advertising. When the Federal Government saw the tremendous impactthat'Lady Bird!s program was going to have on the economy of the Country they backed right down. The same~thing wil,1 happen to the economy of this Town if we don't have a meth0d~ to get people to our business. If I don't get people down here I will have to close up my business and I employ eleven people~ This man says he was in advertising. If he was he mad plenty of use of outdoor advertising. JOHN O'TOOLE: Many years ago we use to go to Charlie Thorps in New Suffolk and he didn't-have any billboards or signs up. We went through the telephone book, the yellow pages, This was back in 1939, prior to that. If we want to have a fuddy-dud town, which we want%o have. I moved out of Roslyn because it became the way your children want i%. I moved from Hicksville because that was the way your children wanted it. We came here because it was the way we wanted it. With farm land around, typical of Long Island. I don't see any reason in the world why we have to go along with request for the variance to the Ordinance that we have here tonight. If I am wrong, correct me. The 10 years are up. ~et's start now and cut them all out. You made this gentlem~n do it and this gentlemer~do it. We didn't a~ for an appeal because this is what we wanted, The Ordinance was established by the good fathers who realized this was getting out of hand, all these signs. If the Board will finally agree with me, we would like you to deny this request for variance° Southold Town Board of Appeals -17- June 22, 1967 HERMAN'LTRBAIEN: We did not comply with the Ordinance. We do not intend to comply with the Ordinance. And we will take this to the Supreme Court. JOHN'O'TOOLE: This is what we want. RICHARD CRON, ESQ.: Does Mr. O'Toolehave one small sign on his property? THE CHAIRMAN: I don't know if he has any sign on his property. The sign he-is speaking of is for'Paradise'Shores. RICHARD CRON,ESQ.: On his private property? T~iE CHAIRMAN: On the Association property~ HERMANLIEBLIEN: Ours is an on premises sign. Anything else? MARY CHAPMAN: May I ask how many here are not in business? Are they ail in business. There are three or four, five perhaps who are in business and have no axe to grind. HERMAN'LIEBLINE: I'beleive there are alot more than that are not'in business. Alot are working for people. Fa%RY CPL~PMAN: I don't like to go places where there are alot of billboards and sign. And there are people Iike that. There are atot of us living who don't like to see signs all over' the place. We make an atmosphere all our own. Andthe people who like honky-tonk make a different kind of Town. RICHARD CRON,ESQ.: Ail our locations add something to the area. You look at some of these are next'rD the railrcmd trackswith woods all abound it. The sign'adda a littte color as you drive along the road. We are not just sticking them in residential area. T~E~ CHAIRMAN: Does anyone el~e wish to say anything pertinent to this hearing. (There was no rmponse.) Southold Town Board of Appeals -19- June 22,1967 On motion by Mr. Hulse, seoonded by Mr. Bergen, it was RESOLVED that the decision on appeal number 1107, Suffolk Outdoor Advertising Company, Inc., be RESERVED. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1108 - 8:10 P.M. (E.D.S.T.) Upon application of Suffolk'Outdoor Advertising Company, Inc., Riverhead~ New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10 Article IV, Section 408, Subsection (a), Article X, Section 1002, for permission to retain two (2) billboards on the property of Huising, described as item number two in the application~ Location of property: south east side Main Road and OldMain Road, Laurel, New York, bounded north byMain Road, eastbv Mattituck Park Prop., Subdivision and Peconic Bay Blvd., south by A.L. Downs Subdivision-and G. IJ Tuthill and Others, west by Old Main Road. Fee paid $5.00. The' Chairman opened the hearing by re~ding the application f~r a special exception, legal notice of hearimg, affidavit attesting to its publication in the official newspaper, and noticetD the applicant. THE CHAIRMAN: Let the record show that Mr. Cron presented a lease for this particular property for fiveyears with five year renewal. Anyone to speak for this application? RICHARD CRON, ESQ.: I wish to speak THE CHAIRMAN: Anything further to add? RICHARD CRON~ ESQ.: I would liketo reiterate everything I'have said. This particular sign in in am area where there are no residences. Nothing here-for the sign to detract from. Nothing determental to the araa. THE CHAIRMAN: Anyone else in favor of this application? ~There was no response.) Southotd Town Board of Appeals -20- June 22, 1967 THE CHAIRMAN: As far as objections go I will net~read the letters again. Let it s~and that they are for all of ~he hearings. ST~P~T FOX: Is that bounded by the Park.? MR. BERGEN: No ~ it should be by Murphy. That is a large p iece of property there. NELSON AXlEN: Would my objection stand? CHAIRMAN: You may reiterate your objection. NELSON AXlNE: So done. THE CHAIRMAN: Let the record show that-Mr.- Axien and company have a standing objection to all the sign applications. STEVEN CAMPBELL: OSas~erformance the previous owner, about five years ago a hearing came up with the Civic'Association,~he said he was going to remove two billboard~ on Albertson Lane and the North Road. They are still there. There is no guarantee that these signs will be maintained in an attractive manner with land~capeing and so forth. When you get a lot ot signs yo~ can't see the advertising, and it is false pretense that a~vertising as such brings in business and maintains business. I am - substantially interested in two large w~ companies'that do two million a year and~we did away with billboards many years ago. Billboards~went out many years ago. I was here before some of you gentlemen were bor~. and thiscommunity looked different than it does now, and signs didn't improve, business. Many people were living outhere, many people were coming out here. I found restaurants but I didn't find the road lined with signs. If you have one sign head on it does some'thing. With this traffic it-is a hazard to~rive into this~ RICHARD CRON, ESQ.: These signs are not spaced in such close proximityto each other that you have practically a movie show. These are farbetween eachother. Some miles. There is no distraction, to ride a mile and one half a see a billboard. I want to correct that these things are not one right after the other. They'are spread out quite a distance throughout theTown. Signs that have fallen and not been repaired perhaps ha~e blighted outdoor advertising. We have no statue to make a man fix up his house or place of business. You can. make an Ordnance to make signs more attractive. Southold' Town Board of Appeals -21- June 22, 1967 STUART FOX: I don~t know if these signs are set up for movie viewing. One thing iea~s to another, all of sudden you have. As far as I can see in adverti~ng business~ which I am in, .the sign is considered the bottom of the ~arrell and more and more agencies a~e getting away from it. ~ERMAN~L~/EBLIEN: I~agree with what'Mr. Campbell said as far as the sign detracting people. I think if a person is loDking for a certain place to go he looks for the sign. My sign is a directional sign on my premises. I spend $1000.00 a year to get people out. The purpose of that sign is for people to find us, e~peciall~since weare hidden from the west. Signs are very important'to people who need them to make their'business. RICHARD CRON, ESQ.: I guest Mr. Fox is in newspaper business. I think there should be a law against crowding the mailboxes. JOH5; O"TOOLE: Lets deal with specifics. We are talking about billboards, let's keep it at that. RICHARD CRON, ESQ.: I am willing to do this. I di~'t bring the subject up . I am willing to keep the issue' to billboards. MR. SCHWARTING: I am going to take issue on the statement he made a short while ago about the signs being place at intervals. I want to direct your attention to down there by' Far... Leiblien's. You dont' think those signs are distr~cting to anybody. THE CHAIRMAN: We are here to get information abou~the sign presently under application. STDRAT'FQX: These objections revolve around all the applications. Have ~ou ever seen an old person back up and see what a sign says. Have you ever seen an automobile accident from this? It-exist. ~OHN~O'TOOLE: If you gentlementwould check with the National Safe~Council, they would tell you the safety angle on this. THE CHAIRMAN: You are objecting because of the safety hazard? JOHNO'TQOLE: Amoung other'things. Southold Town Board of Appeals -22- June 22, 1967 THE CHAIRMAN: Is there anyone else Who wishes to say anything on this application? (There was no response.) On Motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the decision on appeaI no. 1108, Suffolk Outdoor Advertising Company, Inc., be RESERVRO. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1109 - 8:20 P.M..(E.D.S,T), Upon application of Suffolk'Outdoor Advertising Company, Inc.,Riverhead~ New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), Article X, Section 1002, for permission to retain three (3) billboards on the property of Driscoll, described as item number three in the application. Location of property: north sideMain Road, and east side Factory Avenue, Mattituck, New York, bounded north by Bethany Cemetery,Assoc., east by.Bethany Cemetary Assoc., south by Main Road, west by Factory AvenFe. Fee paid $5.00. The Cha~an openedthe hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication inthe official newspaper, and notice to the applicant. THE' CHAIRMAN: Do you ha~e the copy of the lease for the record2 RICHARD CRON, ESQ.: I have the lease dated 1963, for five years and five year renewal. THE CHAIRMAN: Anyone in favor-of this application? RICHARD CRON, ESQ.: I reiterate everything~id in previous applications. I would like to add one thing further and that is about the area. These billboards are across from the Dairy Queen there. There is nothing to detract from the residential area. THE CHAINMAN: Anyone else in favor? (There was no response.) Southold Town Board of Appeals -23- June 22, 1967 THE CHA/RMAN: What is the size of these signs? MR. KENNIFF: They are 12 feet by 25 feet. This is a standard size that the local businessmen canbuy paper to go on them. MR. PRET.?.~ITZ: How high are they from the ground? MR. KENNIFF: It would depend on where they are. I can't give you the height. It would depend on the ground. STUART FOX: This is the third application forthe third sign in what? THE CHAIRMAN: About one mile. RICHARD CRON, ESQ.: The other two signs were in Laurel. These are in Mattitudk. THE CHAIRMAN: Anything else on this application? (There was no response.) THE CHA//~AN: Let the record show that all objections are reiterated. On motion by'Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the decision on appeal number 1109, Suffolk Outdoor Advertising Co.,Inc. be RESERVED. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr, Doyen. PUBLIC HEARING: Appeal No. 1110 - 8:30 P.M.(E.D.S.~), Upon application of Suffolk Outdoor Advertising Company, Inc., Riverhead, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a),Art/kle X, Section I002, for permission to retain two ~) billboards on the property of Boucher Est., described as.item number four in the application. Location of property: east sideMain Road, Mattituck, New York, bounded north by Boucher-Wickham-M~nn, east byMunn- ~Kames Creek, south by'Canal-Lucas-Pantell0-Grabie, west by Main Road. Fee paid $5.00. Southold Town Board of Appeals -24- June 22, 1967 THE Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and ntoice to the applicant. THE CHA/I~AN: Do you have the lease? RICHARD CRON, ESQ. : I have the lease dated April 4, 1966, five years, five year renewal option. THE CHAIRMAN: This is sign number four, southeast side Main Road, Mattituck~ two billboards land of Boucher Est~ Anything to add on this application? STUARTFOX: How many does this make? T~E CHAIMRAN: This is sign number four. RICHARD CRON, ESQ.: This is going to be the last time I say this,~I reiterate all I have said . The application here is for a sign that is near the A & 'P on the same side of the street. I believe that the other signs on the same side of the street in that area have been approved by this Board. STUART FOX: Are these signs the same size? TPRE CHAIRMAN: No. Anyone else wish to be heard? ~nere was no respous e. ) On motion by'Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the decision on appeal number 1110, Suffolk Outdoor Advertising'Company~ Inc., be RESERVED. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Gri~nis, Mr. Doyen. Southold Town Board of Appeals -25- June 22, 1967 PUBLIC ~R~RING: Appeal No. 111t - 8:40 P.M.i(E.D.S.T.), Upon application of'Suffolk Outdoor'Advertising Company, Inc.~ Riverhead, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, Article IV, Section 408, Subsection (a), Article~X, Section 1002, for permission to retain-two (2) billboards on the property of Begenski, described as item number five in the application. Locatinn of property: north side Main Roa~, Cutchogue, New York, bounded north by district line east by James Cross, south by Main Road, ~st byDistrict line. Fee paid~$5.00. RICHARD CRON, ESQ.': I think the name is mis-spelled. It should be Bogenski. TP~E CHAIRMAN: I assume you have the lease? RICHARD CRON, ESQ.: The lease dated 1966, initial three year'term and three year' re~al option. THE CHAIRMAN: Anything to add? RICHARD CRON, ESQ.: This partiautar sign is located near farm land. There are two small shacks that-look worst than the sign. Other than the shacks there are no other residence there. MR. PREI~L~ITZ: Mr. Cron makes a statement he should say~ residential and agricultural area. He didn't say'residential area. THE CPL~IRMAN: It is residential and farm land. STUART'FOX: The sign looks better'than the houses there? RICP~RD CRON, ESQ.: That i~my opirAon. TPNECHAIRMAN: Anyone else wish to be hear~? MR. LIEBLIEN: I would just like to sa~ that not all of the members of the Southold Peconic'Civic Association are opposed to signs. Just some ofthem. THE CPL~IR~: Let the record show that all objections are reiterated. Sou~_%hold Town Board of Appeals June 22, 1967 On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the decision on appeal number 1111, Suffolk Outdoor Advertising Company, Inc., be RESERVED. Vote of the Board: Ayes:- Mr. Hulse, Fir. Bergen, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1112 - 8:50 P.M.~i~.D.S.T.), Upon application or'Suffolk'Outdoor Advertising'Company, Inc., Riverhead, New York, for a special exception in accordance wit h the z~ning Ordinance, Article III, Section 300, Subsection t0, Article Iv, Section ~ 408, Subsection (a), Article X, Section 1002, for permission to retain two (2) billboards on the property of~Zabriski, described as item number six in theapplication. Location of property: east side Main~Road, Cutchogue, new York, bounded north by Zabriski, east by'Ahlers, south by'Eugenes Road, Rest by Main Road. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearin g, affidavit attesting to its publication in the official newspaper, and notice tot he applicant. THE CHA~: Dooyou have the lease? RICPIARD CRON, ESQ.: The lease dated June 1, 1965, five year initial term, five year renewal option. THE CHAIRMAN: AnYthing to add? RICHARD'CRON, ESQ. This happens to be next to Abatelli real eatate. It is surrounded by farm land and a gasoline station° THE CHAIRMAN: Anyone else in favor'of? (There was no response.) THE CHAIRMANi~ Anything in opposition? MR. PRETW~ITZ: I am going to take issue. Mr. Cron says next to Abatelli and surrounded by farm land. Down Euguens Road, Ahlers has a ~ development there. He ~id the whole street is surrounded by farm land. He is not giving you a trHe picture of the location. Southold Town Board of Appeals -27- June 22, 1967 THE CHAIRMAN: The Board logks at all of these signs. RICHARD CRON,' ESQ.: When you drive along in that immediate area you don't~see any houses. THE CHAI~4AN: Anything else? (There was no response. THE CHAIRMAN: All objections stand. On motion by Mr. Hulse, seconded by'Mr. Doyem~ it was RESOLVED that-the decision on appeal number 1112, Suffolk Outdoor Advertising Company, Inc., be RESERVED. Vote of the Boa~: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. P~BLIC P~.ARING: Appeal No. 1113 - 9:00 P.M.(E.D~S.T.), Upon application or'Suffolk Outdoor'Advertising Company, Inc.~ Riverhead, New York~ for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection · ~ Article'X, Section 1002, for permission to retain two (2) billboards on the property of Witherspoon, des~ribed~s item number sevenin the application. Location of'property: north side Main Road, Southold, New York, bounded north by-Long Island Rail- road, east by'Britz, ~outh by Main Road, west by Lieblien Bros., lots number 19 & 20 in C.L. Sandord Brick'Co., Map number 539. Fee Paid $5.00. The'Chairman opened the hearing by reading the application for a special exception, legal notice of'hearing, affidavit attesting to its publication in theofficial newspape~, and notice tothe applicant. THE CHAIRMAN: Mr. Cron has the lease on this parcel? RICHARD CRON,' ESQ.: Lease dated January 1, 1966, two year lease. T~ECHAIRMAN: Anything to add? RICHARD CRON, ESQ.: I am going to confine my remarks to the area location. This particular bi,board is across from the Port of Egypt. It is a vacant lot, no residence around. Southo~d Town Board of Appeals -28- June 22, 1967 THE CHAIRMAN: Is there anyone in opposition? STEVEN CAMPBELL$ We ought to correct this. This is four billboards. Two billboards back to back. This is misleading in that application. I think you ought to change it. THE, CHAIRMAN: They are two double face billboards. Let the record show that this is two double face billboards, Anything else in opposition? MR. PRELLWITZ: This is one of the worsb e~esores in the Town of Southold as far as these billboards are concerned. We have billboards that are up there advertising, we have billboards that are falling down. All in all that area is of of the worst in the Town of Southold. Even though he states there are no houses around this, this is an eyesore and I don't think it should be granted a variance to have the number of billboard that areaatthat location. THE CHAIRMAN: Anything else? (There was no response.). On motion by Mr. Hulse, seconded by Mr. Grig~nis, it was RESOLVED that the decision on appeal number 1113, Suffol$ Outdoor Advertising Company, Inc., be RESERVED. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal Number 1114 - 9:10 P.M.(E.D..S.T.~ Upon application of Suffolk Outdoor Advertising Co., Inc., Riverhead, New York, for a special exception in accordance with the~Zoning Ordinance, Article IV, Section 408, Subsectinn (a), Article X, Section 1002,. for permission to retain two (2) billboards on the property of Reese, described as item number 8 in the application. Location of property: so~th side Main Road~ Arshamomaque, new York, bounded north by ain Road, east b~ land of Sage, mouth ~y"Peconic Bay, west by ~ther /and of Reese. Fee paid~ $5.00. The Chairman opened the hearing by reading the application for-a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and rut~ce to t~e applicant. Southold Town Board of Appeals -29- June 22, 1967 THE CHAg_RMAN: You have the lease Mr. Cron? RICHARD CRON, ESQ.: No , I have a letter from Mr. Reese. (The Chairman read t~letter of permission from Mr. Reese.) THE CHAIRMAN: Anything to add? RICHARD CRON, ESQ.: The only thing I want to say is about the location of the sign. The land isww~ vacant. There are no trees shrubs, homes, or anything else. THE CHAIRMAN: Anyone else in favorlof this application? (There was no response.) TM~. CHAIRKAN: Anyone to speak against this application? MR. PRELLWITZ: I am going to take issue again. Mr. Cron stated these signs were spaced quite a ways apart. They do not distrub any driving, Sign number 7 is up the road and about-three blocks more you have this sign. This billboard happens to be on a very bad corner coming over the bridge at'Mill Creek. There have been accidents in that area in which people were killed. I don't know if the billboard had anything to do with it. The billboard will distzict the attention of the driver if he is not watching Where ~e is driving. I object on the 9bunds that they are spaced too close~mx together. STEVEN'CAMPBELL~ That is a dangerous situation there. It is a head on situation. It is a traffic hazard. RICHARD CRON, ESQ.: I don't think one shouldsay this is a traffic hazard. We are thro~ing terms around there. THE CHAIRMAN: He hasn't stated that~he is an expert on traffic controll. That is just his opinion. THE CHAIRMAN: Anything further? (There was no response.) Southold Town Board of Appeals -30- June 22, 19~7 On motion by M_r. H~se, seconded by Mr. Grigunis, it was RESOLVED that the decision onAppeal number 1114, Suffolk Outdoor AdvertisingCompany, Inc., be RESERVED. Vote of the Board: Ayes:- M_r. Hulse, Mr. Bergen, Mr. GrigDnis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1115 - 9:'20 P.M..(E.D.S.T.), Upon application of Suffolk Outdoor Advertising'Company, Inc., Riverhead, New York, for a special exception, in accordance with the Zoning Ordinancei Article IV, Section 408, Subsection (a), Article X, Section 1002, for permission to retain two '(2) billboards on the property of W. Price, described as item number 9 in the application. Lo~ation of property: north side-'Old Main Road, Arshamomaque, ew York, bounded north by'King Greenport Associates, east by St.-P~ters Lutheran Church, south by'Old Main Road, west by Greenport-Playhouse, Inc. Fee paid $5.00. The'Chairman opened thehearing by raading the application for a special exception, legal notice of hearing, affidavit attesting to the publication in the official newspaper, and notice to the applicant. (The Chairman read theletter of consent from Mr. Price for permission for'the sign on his property.) THE CHAIRMAN: Anything else to add Mr. Cron~ RICHARD CRON, ESQ.: The only remark I wish to make deals with the location. In this particular'area there r~allylisn't anything. There is a concrete type bu4~ing that is used bya trucking firm. Nothing in that area other than that trucking firm. 'HOI~ARD TERRY: There is the church right in that area. THE CHAIRMAN: You have the wrong application. RICHARD CRON, ESQ.: The only thing I will say then, this appears to be near the drive in theater. THE CHAIRMAN: AnYone present wish to be heard in oppostion to this application? Southold Town Board of Appeals -31- June 22, 1967 REV. ARTHUR BRYANT: I am the Pastor of the/St. Peters Lutheran Chur=h~ which happens to be thatconcrete building there with a cross on the front of it. Five years ago we were told that this sign would be removed and the ~ongregation had northing to rear'concerning that sign. Approximately three years ago our Church council wrote to the Supervisor pertaining to the Ordinance and non-conforming signs and made particular reference to this sign. We were told 'thatthe removal had something to do with a law suit in Easthampton. On this was done we would have nothing to worry about. I realize fully that it was there before we were in. We were assured that it would not be there. This church was awarded prizes and this is ~ w~at we have nextto it. We have several other church members here, perhaps they would like to talk. bIRS. CRANE: I think it is too close to the church. It takes a~ from t~e beauty of the church. FBR~NE~SON: It is my opinion that signs like that should come down where t~y~re so close to the church. STUART F~: I don't have anything against church. They are saying it should come down because of the'Church. It-should come down because of the Ordinance, not just because of the Church. MRS. JURGENS: Coming .down the road you can't see the church unless you are adjoining it. RICHARD CRON, ESQ. : I would like to add one thing to'what the Reverend has said. He brought up the fact about this law suit in East Hampton. It is my understanding that several signs maintained in that area by-Suffolk'Outdoor Advertising do not have to come down. THE CHAIRMAN: Anyohe else have anything to say? ROBERT~CRANE: I would like to go on record as opposing this particular sign in relation to theChurch. We are trying to make beautiful grounds there, and a sign will not add to it. It does ~.~.~w~. detract from the appearance of the church. RICHARD~CRON~2~ ESQ.: May I say one more thing. Actually it is the intention of Suffolk'Outdoor Advertising to maintain what they already have. We regret that signs can not be placed in more appropriate places. Southold Town Board of Appeals -32- June 22, 1967 MR. KENN~F: We want to put all these signs in a business area as much as possible. These are business and we would like to put them in a business area. MRS. NELSON: If they were promises that they would be taken down why hasn't it been done? THE'C~TWlWAN: Unfortunately you are speaking to the wrong Board to get the~answer. NELSON, AXIEN: The logical intention of the sign business is to get more signs. I'have seen places in Miami, Fla. where they have got too many signs. Theytryed to turn the clocks back and you can%~ do it. R-N~ARDCRON, ESQ.: I agree with the gentlemen the natural inclination is to expand& Any~Ordinance can effect against additional signs. We are looking to maintain what we have, not to ~xpan~. If we have to come here to expand, you can curtail this. REV. ARTH~UR BRS~%NT': When we were sent .applications for our signs we decided, with the'congregation voting, we would remove our signs. They aren't-that beautiful and they aren't that attractive to look at. We just as soon take them down than get around the law that we are opposed to. THE CHAIRMAN: Anyone else? (There was no response.) On motion by Mr. Hulse, seconded by Mr. Grign~s, it was RESOLVED that the decision on Appeal numbe~lll5,'Suff~ outdoor'Advertising Co., Inc., be RESERVED. Vote of the Board: Ayes:- Fir. Hulse, Fir. Bergen~ Mr. Grigonis, Mr. Doyen. Southold Town Board of Appeals -33- June 22, 1967 PUBLIC PIEAR'ING: Appeal No. 1116 - 9:30 P.M.(E.'D.S,T.), Upon application of~Suffolk~Outdoor'Advertising Co., Inc.~ Riverhead, New YOrk, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408~ Subsection (a), Article X, Section 1002, for permission to retain two (2) billboards on the p~operty of King Greenport~Associates, described as itemnumber ten in the application~ Location of prpperty: north side Old Main Road, Greenport, New York, bounded north by land of Village of Greenport,east_by land of Village of Greenport, and Old Main Road, south by'Old Main Road, west by W.R. Pelt- King Greenport, Associates. Fee Paide $5.00. The Chairman opened the hearing by reading the application for a special excet~ion~legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the appli~ant. THE CHAIRMAN: Do you have the lease? RICHARD CRON, ESQ.: The lease dated March 4a 1967, right to renew for one year. THE CHAIRMAN: Is there anything to add? RICHARD CRON, ESQ..: I think this is near that particular trucking firm. No hous~ ~or farm area where it is. It'doesn't blemish that area or any business. THE CHAIRMAN: Anything further? (There was no response.) On motion by Mr. Hulse, seconded by Mr. Grigonis, it~as RESOLVED that the decision on appeal number 1116 ~ Suffolk Outdoor Advertising'Company, Inc., beRESERVED. Vote of the Board: Ayes:- Mr. Hulse, Fir. Bergen, Mr. Grigonis, Mr. Doyen. Southold Town Board of Appeals -34- June 22, 1967 PUBLIC HEARING: Appeal No. 1117 - 9:40 P.M.(E.D.S.T.), Upon application of SuffOlk Outdoor Advertising~Coj, Inc., Riverhead, NewYork, for a special exception in accordance with the ~oning Or- dinance, Article III, Section 300, Subsection 10~ Article IV, Section 408, Subsection (a),~rticle x, Section 1002, for perm mission to retain two (2) billboards on the property'of~Wither- spoon, described as itemnumbere~ven in the application. Location of property: east side Main Road, Greenport,-New York, bounded north by-Champlin place~i- east by'Austin-Wilson, south~ Joegensen, west by'Main~ Street. ~Fee ~id $5.00. The Chairman opened thehearing by reading the application for a special exception, legal notice of hear~ g, affidavit attesting to its publication in the official newspaper, and notice to the ~ applicant. RICHARD CRON, ESQ.: The lease dated January 1, 1966. The only thing I would like to say is this is next to an Esso Gas Station. I guess there are some residence in. there. THECHAIRMAN: The~e are all residence around it. Could you tell me how big a piece of property that is? HOHARD TERRY: It is practically a full size budding lot, THE CPL%IRMAN-i Anything else you wishto say? RICHARD CRON, ESQ.: I will rAiterate everything. On motion by Mr, Hulse, seconded by Mr. Grigonis, it was RESOLVED that the decision on. Appeal number 1118, Suffolk Outdoor'Advertising Company~ Inc., Be ~SERVED% Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergmn, Mr. Grigonis, Mr. Doyen. PUBLIC P~.z~RING: Appeal No. 1118 - 9:50 P.M.(E,D.S~T.), Upon application of Suffolk Outdoor AdvertisinglCompany, Inc., Riverhead, New York, for a special exception~in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 10, Article IV, Section 408~ Subsection (a) Article X, Section 10002, for permission to retain two (2) billboards on the property of Cassidy, described as item number ~welve in the application. Location or'property: south side Main Road, Greenport~ New York, bounded north by Main Road, east by Greenport~Homes, Inc., south by Andrew Cassidy, west by Andrew Cassidy, Fee paid $5.00. Southold Town Board of Appeals -35- June 22, 1967 The Chairman opened the hearingby readin~ th~p~li~ation fora special exception, legal notice of hearing, affidavit attesting to its publicatimn in the official newspaper, and notice.~o the applicant. RICHARD CRON, Esq.; I have the lease dated May 11, 1967, has a term of three years. THE CHA~IRMAN: Anytlking to add? RICHARD CRON'~'~ESQ%: This is near Fleet-Lumber and so called Cardboard Village. Signhides the entrance to what you would call this deplorable ~illage. the only thing there is Fleet Lumber and this Village. G~I~. FISHER: And the summer theater is there. THE CHAIRMAN: That is correct. application? Anything further on this (There was no response.) On motion by Mr. Grigonis, seconded by Mr. Hulse, ~was RESOLVED that decision on appeal number 1118, Suffolk Outdoor Advertising Company, Inc., be ~mSERVED. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grignois, Mr. Doyen. PUBLIC HEARING: Appeal No. 1119 - 10:00 P.M.[E.D.$.T), Upon application of Suffolk OutdoorAdvertising Company, Inc. Ri~erhead, New York, for a special exception in accordance with the Zoning'Ordinance, Article IV, Section 408~ Subsection Article'X, Section 1002, for permission to retain three (3) billbmards on the property of Witerspoon, described as item number 13 in the applicati~n. Location of property: west~side Mah Road, south side North Road, at the Traffic'Circle, Green~ort, New York, bounded north by North Road, east by MainStreet, south by Henkel, west by'E. Mazzaferro and Ano. Fee paid $5.00. The Chairman opened the hearing by readin ~he application for a special exception, legal notice or'hearing, affidavit attesting to tis publication in the official newspaper, and notice to the applicant. Southold Town Board of Appeals -36- June 22, 1967 RICHARD CRON, ESQ.: Lease dated January 1, 1966, and has two.years to go. Everybody I think knows Where this sign is located. This is right across fromPorky's Restaurant. You have other signs in that area. Other than that there is not much there. THE CHAIRMAlq: There is a house next to it. Anyone wish to be heard in opposition to this application? MR. PRELLWITZ: This is one of the worst eyesores we have been fighting against inthat particular area. Right on that traffic circle. That is a real eyesore. RICHARD CRON, ESQ.'~ The only thing I would like to bring to the attention of the Board, I do think this is important, we should not lose site of the fact what we are dealing with here is a business. Anything you do to depreive this business the right to earn monies, not only~deprives the ownerof the business but will deprive anywhere from~eight to eleven people depending on the particular-season of the year. So if you are looking for a case of~hardship not only applicable to Suffolk Outdoor Adve~insingCompany, but effecting other people in this Town you are going to do it if you deprive this business from earning its revenue and maintaining employed staff. This is where the hard~hip comes in on this. I don't thir~ going to the Town and the number of applications this company has in the town on the manner which they have maintained the signs and the manner in which they could maintain them if they knew %hat they are to stary. Not in any way determental to the Town. Don't consider them a traffic hazard or any other kind of hazard. I think the important thing and the ming We want to leave with you, the fact that it not o~ly effects this business but it effects, other people in the Town. Youknow how money passes from hand to hand. Well multiply like anything else. Those that are immediatel~ effected go down and effect somebody else. It has reprocusions. I ~on't think this Town can afford to support-such economic reprocusions. This is the thought I would like to leave, with you. There is going to be a hardship created, not only for Suffolk OutdoorAdvertishg Company, but for those employed by this-Company. MR. KENNIFF: I have defended my position that I can not stay in business without sign and identification. They have to find my place of business and the only way they can find it is by signs. Southold Town Board of Appeals -37- June 22,~ 1967 THE CHAINMAN: Is there anything else pertinemt to this particular hearing. (There was no response.) WH motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the ~decision on appeal number 1119, Suffolk Outdoor AdvertisingCo.~ Inc, be RESERVED. Vote of the B~ard: Ayes;- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr..'Doyen. On motion by Mr. Huls$, seconded by Mr. Grigonis, it was RESOL~FED that the minutes of the Southold Town Board of Appeals dated June 8, 1967,be approved as submitted. Vote of the Board: Ayes:- Ail. 'On motion by Mr. H~lse, seconded by-Mr. Bergen, it was RESOLV~ that the Southold Town Boardof'Appeals set 7:30 P.M.~, ~Thursday, July 6, 1967, as the time and place of'hearing upon application ofRensselaer G. Terry, Jr., Esq., Main Road, Southold, New York, a/c Thomas P. Dougherty~ $outhold, New York, for a regogniti~aef access in accordance with the State of New York Town Law, Section 280A. Location of property: south side North Bayview Road, Southold0 New York, bounded north byHilto- Epp-Ors., east by J. Shipule, -MCCarthy, south byNorth Bayview Road, west by H. Schumacher. Vote of the Board: Ayes:- All On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESDLVED that the Southold Town Board of Appeals set 7:40 P.M.(E.D. SjT~, ~ursday, July 6, 1967, at the Town Office, Main Road, Southold, ew York, as the time and place of hearing upon application of R~h Ann Brown, Southold, New York, a~s Ragna Bie, Herren Point, Southlod, New York, for a variance in accordance with the Zoning Ordinance, Article III, SeCtion 300, Subsection 6, for penuission to locate an accessory bu~ing in the fD~nt yard area. Southold Town Board of Appeals -38- June 22, 1967 Location of property: north side private road, horton Point, Southold, New York, bounded north byLong 'Island Sound, east by Vincent-Sardi, south by J.~M. Bie- Ri~ht of way, west by W.R. Miller. Vote of the Board: Ayes:- ALL On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESDLVED that the Southold Town Board of Appeals set 7:50 PJM., (E.D.S.T.'), Thursday, July 6,. 1967, at the Town Office, Main Road, Southold, new York as the time and place of~hearing upon applicationof Theorodore Rohloff, Main Road, Or/~t,~ New York, for recognition of access in accOrdance with the State of New York Town Law, Secti~ 280 A. Location of propertyL south side OrdhardStreet, Orient, new York, bounded north by Orchard Street,. east by Jagger~Est., south by land of~Douglass, west by land of Tabor. Vote of the Board: Ayes:-ALL On motion by Mr. Grigonis, seconded by Mr. Doyen~ it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T), T~ursday,. july 6, 1967, at the Town Officda Main Road~Southold, ew York, as the time and place of hearingupon application of~ Roger H. and Ruberta Doyle, Mil1 Creek Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti~el III, Section 303, Article-X, Section 1000A, for permission to divide property with /nsufficient frontage. Location of property: south west side ~itl creek'Drive, Southold, - New York, bounded north by'Mill Creek Drive, east by~Frank'Leto, south by Mill Creek Drive, west by R.H. Doyle. Vote of the Board: Ayes:-ALL On motion by Mr. Doyen~ seconded by Mr..Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M.i(E.D.S.T), thursday, July 6, 1967~ at the Town Office, Main Road, Southold, new York~ as ~e time and poace of hearing upon applicationof ~h~ Greenport'Shores Civic Association, Shcre Drive~ Greenport, New York, for a special exception in accordance with the Zoning Ordinancea Artic~ III, Section 300, Subsection 9, for permission to erect a sign on the property of Dona]dC. Roach. Location of property: south side Shore Drive, Greenport, new York bounded nc~th by Shore Drice, east by Silvermere Road~ southby Silver Lane, west by W. C. Van No,rand . ~ Vote of the Board: Ayes:-ALL Southold Town Boar d of Appeals -39- June 22,. 1967 On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of~Appeals set 8:20 P.M~(E.D.S.T)~ Thursday, July 6,. 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Edward Schild, a/c Arrow Fishing Station, Old Main Rod~, Southold, New York, for a special exception in accordance with the .Zoning Ordinances. Article IV, Section 408, Subsection (b) and ~(c), for permission to retain a ridge sign. Location of property: south side Old Main Road, Southold, ne York, bounded north by Old Main Road, east by Helen Reiter, south by Town Harbor, west by Lieblien Bros. Vote of the Board: Ayes:- ALL On motion by'Mr. Grignois, seconded by'Mr. Doymn, it-was RESOLVED that the Southold Town Board-ofAppeals set 8:30 P.M.'~(E.D.S.T&~a Thursday, July 6,~ 1967, at the Town Office,.Main Road, Southold, new York, as the time and place of hearing upon application of Geor~ L. Pennyand Mattituck Iron Works,~ Sound Avenue, Mattituck, ew 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 of LoCastro. Location of property, north east corner of Main and PacificStreet, Mattituck, New York, bounded north by A~ VAn Rywyk, east by H.C. Ruthinoski, south by Main Road, west by Pacific Street. Vote of the Board: Ayes:- ALL On motion by Mr..Bergen, seconded by, Mr. Grigonis, it was RESOLVED tha't the Southold Town Board of Appeals set 8:45 P~M~.E~D.S.T.), Thursday, July 6,~ 196~, at the Town Office, Road, S0uthold, Ne~ York, as the time and place of hearing upon application of Serge J. Doyen, Jr., Fishers Island, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection ~)~ for permission to retain a wall sign. Location of property: south side WestStreet, Fishers Island, New York, bounded north by W4st~Street, east'by'Equestrian Ave., south by Mo~ntzouresdge, west by F.I, Farms. Vote of the Board: AYES:-'ALL except'Doyen Southold Town Board of Appeals -40- June 22, 1967 On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that~the Southold Town Board of Appeals set 9:00 P.M.(E.D.S~T)~ Thursday, July 6, 1967, at the Town Office, Main ROad, Southold, New Yokk, as the time and place of hearing upon application of MattituCkIron Works,. Sound Avenue, and Pacific Street, Ma ttituck, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b), for permission to retain a side wall sign. Location of property~ south east side Sound Avenue and Pacific Street, Mattituck, New York, bounded north by'Sound Avenue, east byMattituck'Presbyterian~Church, south by Peter XnduHsio$ west by Pacific~Street. Vote of the Board: Ayes:-ALL The next-regular meeting of the Southold Town Board of Appaals will be held at 7:30 p.m., Thu=sday, July 6, 1967, at'the Town Office, Main Road, Southold, New Fork. The meeting was adjourned at 10:30 Respectfully submitted, Barbara C. Dittmann, Southold Town Board of Appeals