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HomeMy WebLinkAboutZBA-08/04/1966 APPEAL BOARD MEMBERS Robert ",Y,/. Gillispi¢, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serge Doyen~ Jr. Fred Huls¢, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 _~_x _~ u T E s SOUTHOLD TOWN BOARD OF APPEALS August 4,, 1966 A regular meeting of the Southold Town Board of Appeals was held a~ 7:30 PoMo,. Thursday,. August 4, 1966, at the Town Officg,. Main Road, Southold, New York° There were present: Messrs: Robert W. Gillis~ie, Jr., Chairman; Robert Bergen, Fred Hulse~ Jro~ Charles Grigonis,Jr. Absent: M_r. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 932 - 7:30 P.Mo~D. SoTo~, Upon application of Mattituck PresbyterianChurch, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 10, and Article IV, Section 408, Subsection A, for permission to retain an off premises sign on theproperty of Alrod Realty Corp., on the sough side Main Road, Laurel, New York, bounded north byMain Road, east by F.Jo Murphy~ south by Old Road-Nawrocki, west by Shell Oil Company. Fee paid $5.00° Southold Town Board of Appeals -2- August 4w 1966 The Chairman opened the hearing by rea~gthe application fora special exceptionm legal notice of hearingm affidavit attest/no to its PUblication in theofficial newspaper~ and notice to the applicant. ~C~tlRMAN= Is there anyone present who wishes to speak in favor ofthis appliuation~ MR' I~ERT= I' am from the Board of Trustees. May I suggest that .we hal~lle .each sign separately~ T~E CH~-IRMAN-- Yes. I think we granted a special exception for' that Jointly owned sign some years ago, didn't we? MR, BERGEN: No. -NR~ RCKERT= The bullentin is quite necessary. The second sign has s~aewhat of historical value to it. Zt is not too much of an eyesore. T~ CH~IRNA~g It doe~nSt bother traffic. quite far from the road. is It/set back there anyone present who wishes to speak against this appii~ation~ (There was no response.) T~'~: I think that this Jointly owned sign might have been suggested by this Board some years ago. MR. H~I~E: ~o the other churches~wish to keep there interest in this? MR. ~ERT: I ~on~t know. It has the Episcapal,. Lutheran and Presbyterian churches on it. ~~= Is there anyone present who wishes to speak aga/nst this &ppl'ication? ,(There was no response.) After investigation and inspection the ~oard finds that the appellant request permission to retain two on premises signs and one Jointly owned off premis-~s-sign. One sign on the ~hur~h pz~a~tses is an identification ground sign. Theother sign is an ilium/hated bullentin or schedule sigh. Both signs ,~,s~.et~a. =k _the required distance from all property lines.. It ' ~z - o£- the d a bo these s s · Southold Town Board of Appeals -3- August 4, 1966 jointly owned by three churches inMattituck~ it is the opinion of the Board that this sign iS in ~he interest of the travelling public. 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 er substantially injured and the spirit of the Ordinance will'be observed. On motion by Mr. Bergen, seconded~by~Mr.~Grigonisw, it ~as RESOLVED that~Mattituck- Presbyterian Church, Main Road, Mattituck~ New York, be granted permission to retain two on premises ground signs and one cff premises sign on the property of Alrod Realty'Corp. This permission is granted subject to the following conditions: 1. All signs sha~l be ~ranted for one (1) year only, renewable annually, upon written application to the Boardof Appeals. .2. All signs shall be subject to all subsequent changes in the Southold Town Zoning Ordinance'as it applies to signs. ~3. Ail signs shall be located atleast five feet from any property line. 4, Ail signs shall be located at least three feet above ground.level. Vote of the Board: Ayes:- Mr. Gilli~e, Mr. Bergen,. Mr. Hulse~ Mr. Grigonis. PUBLIC HEARING: Appeal NO. 933 - 7:40 P.'Mji(E%D.S;T.), Upon application of Walter Gatz, North Road, Mattituck, New York,. for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 408, Subsection A, for permission to retain an off premises advertising sign on the property of'Alice W. BoucherEst., located on the east side of the Main Road,~Mattituck~ New York~ bounded north by J. Boucher,. J. Wickham, G. Munn and Wf., east by G. Munn &.Wf.¢-Canal, south by James Creek, Lucas¢ Panteleo, and others, west by Main Road. Fee paid $5.00. Southold Town Board of Appeals -4- August 4~. 1966 'The Chairman opened the hearing-by reading the application for a.spe¢ial exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIP~AN: Is there anyone present who wishes to speak in favor of this application? (There-was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was noresponse.) THE CHA,IRMAN: Are there any questions regarding this application? (There was no response.). After investigation and inspectlDn the Board finds that the appellantrequest permission toretain an off premises advertising s ign on the property of Alice H.W. Boucher Es~. Said property owner has given permission for a sign on the property. This sign is to advertise the appellant as a landscaper. The Board of Appeals points out that there are no provisions in the Southold Town Zoning Ordinance for off premises advertising signs for any type of business. The Board finds that the public convenience and welfare and justice will not be served and the legally es%ablished or permitted useof neighborhood property and adjoining use districts will.be permanentt~o~r substantially injured and the spirit of the Ordinance willTb8 observed. On motion by Mr. Gillispie,, seconded by Mr. Hulse,. it was RESOLVED that Walter Gatz, North Road~ Mattituck, New York, be denied permission to retain an off premises advertising sign on the property of Alice,H*'W~ BoucherEstate~ located on the east side of the Main Road~ Mattituck, New York. Said sigh must be removed, from-'the property by October 1, 1966. Vote of the Board: Ayes:- Mr. Gillipise, Mr, Bergen, Mr. Hulse, Mr. Grigonis. SoutholdTown Board of Appeals -5- August 4.s 1966 PUBLIC HEARING: Appeal No. 934 - 7:50 P~M~'(E.D.S.'~j)~ Upon application or'Donald O. Stein and Robert A. Bernhard, 100 Ring Road West, Garden City, New Yorks for a special exception in accordance with the Zoning'Ordinan~e~ Article IVA, Sectio~ 420, Subsection 2c, an~ Article VIII,~ Section 801, Subsection C, for permission to erect a gasoline service station.-. Location of property: north east corner of Middle Road (C.R. 27A} and Cox Neck Road, Mattituck, New York~ bounded north'~and east by land now or formerly or'Conrad Bullock,seuth by-Middle Road (C.R. 27A), west by Cox Neck Road. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearings affidavit attesting to its publication in the officialnewspaper, and notice to the applicant/ THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WIrJ.IAMWICEHAM,ESQ.': Gentlemen~ This is a "B" area, Just "B". As I understand its a ~s station could be put up in a "B-l" district with your permission. I think-you are familiar with the buildings that are here now. There is a yellOW house and barn% and a shed also. I don't think this would be competing with any of the other gas s~tions. There is only one other gas station along this road in Mattituck and there in one in Peconic, and perhaps two in Southold. This highwaytakes most of ~he truuks and heavytraffic. I don~t~think this would be ~-~-~x competative to the p~Ople locally. As to the type of building I would like to introduce Mr. Darby, who is associated with the applicant and would like to tell you something about the station. MR~ DARB¥: (Pointing to sketch): The station will be located back here in this area. As far as the station is concerned, we are not negotiating with Texaco as you see there. We are negotiating with Sunoco. It will be a similiar station. It cost 42~000.00J~doltars to construct. Our deal 9~x is not finished yet. It depends on the decision made~ here tonight~ That is why we are here to see if it is possilbe to get a station. THE CHAIRMAN: Have you purchased the pro~rtyyet? MRj DARB¥: We are subject to getting the station. THE CHAIRMAN: How long would it be before you started construction on t/~e station? Would it be within a year? Southold Town Board of Appeals -6- August 4t 1966 MR.- DARBY: _Yes. T~E CHAIRMAn,: If the building permit was issued for one year this would not be a problem? ~ MR~ DARBY: That wouldnotbe a problem. WILLIAM WICKHA~ESQ.: All of the BUllock farm up to the zone line has been sold to .commercial interest. We don~t know What they are going to do with theproperty., but they bought it on the condition that it was zoned business. The one next to the station will be a nursery. THE CFa~IRMAN: How ~r from Cox Ne~k~Road to the east does the Business district go? WILL~IAMWICKHAM~ESQ.': It ~ goes to the Gilles property. MR~ DARBY: It runs approximately 700 feet. (Mr..Wickham and Mr. Darby pointed-to th.e map of the area in question and designated what propertywas zonedfor business in the immediate area.) MR~ DARBY: The expressway is suppose 'to follow the power lines in. This will become a traffic circle. THE CHAIRMAN: What will happen tothe gas station then? MR.~ DARBY: They are going to take eight feet off this corner. THE CHAIRMAN: These are some of the conditions thatwill be attached if the application is granted. !~The Chairman read the conditions that go along with a gasoline service station.) TRE CHAIRMAN: Arethere anyother questions for these Gentlemen? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to s~sk against this application? Southold Town Board of Appeals -7- August 4.~ 1966 MR. JAMES OLSEN: I would 1/~e to have more information on this. What is the total footage on this? THE CHAIRMAN: It is three qu~ ers of an acre. MR: DARBY: It is 250 feet by 250 feet. JAMES OLSEN: Here's something that does not show. This island out here does not show on this map.. The traffic flows through these islands. We need gas stations in Mattituck like we need a hole in the head. I object. (The Chairman read the following letter:) "August 3, 1966, Southold Town Board of-Appeals, Town Office, Main Road, Southold, New York. "Gentlemen: "The westphalia-CivicAssociation Board of ~irectors, representing 110 families~ strongly oppose the application or,Donald O. Stein and Robert-A. Bernard, 100 Ring RoadWest, Garden City, New York, for permission to erecta gasoline service station on the North east corner of Middle Road (C,R%¥27A) and Cox Neck Road, Mattituck, New York. "We make note of the fact that-a Chevron service station on the corner of Love Lane and Pike Street and a Gulf Service station on the corner of Love Lane, Route 25 and SoundAvenue, are presentlyabandoned. "Therefore~ we do ~ot see the need foranother service station in this area. "Sincerely, /s/ William Taylor~ president." THE CHAIRMAN: Is there anyone else present-who wishes to speak against this application: MARGARET LESCHUCK: My name is Margaret Leschuck, I am an officer in the Captain Kidd Civic Association which I am representing. As registered voters in Mattituck~we wish to go on record as prote~ting'againstthe proposed change in variance of property belonging to Conrad Bullock. We feel the proposed gas station is not necessary as there are two stations out of business in Mattituck now and one for sale opposite Bohacks. There is an existing Esso station on 27A, a very short distance $outhold Town Board of'Appeals -8- August 4~ 1966 from the proposed gas station. Also~ this corner is a dangerous corner~ as you will find if you check 'the poliCe records and see how many'accidents have occur~edthere. With the proposed gas station on this corner'I think-we will increase the hazard. We want~Bknow'that the dual highway and the beautifing of the marina has enhanced our property-and we would hate to see the gas station downgrade it. THE CHAIRMAN: How far is this propesed gas station from your property? MARGARET LESCHUCH: It is about two and one half miles. THE CHAIRMAN: And you think this will harm your' property? MARGARET LESCHUCK: Yes. HELEN WE//~%SrN: I live on Central Drive in Captain Kidd Estates. We have heavy traffic-9~ through here and as you know the visibility'at this corner 'is not good. THE ~ CHAIRMAN: The present buildings will be removed and the visibility will be imp~ved. -=? '- ~ - --- The fact that dot of people would like not 'to have a gas station can't enter into our reasoning here, nor is it possible to deny it because there are other gas s~tions in the area that went out of business% - ~"x-We aren't suppose to determine whet~er or'not yourneed another gas station. ~R~mN'WEIMANN: You keep down grading your ordinance. THE CHA]~AN: There is no~hing in our ordinance to denythis spplication. You say there are accidents on this corner. This is true o~ alot'of corners. Is there anyune else who wishes to be heard against this application? HA~.AL, STEPPER:-iWhat-is being changed here? THE CHAIRMAN: We are not all~wed to deny a use permitted without real cause. PL%ZAL STEPPER: Whatchange are the applicants appling .for? THE CHAIRMAN: There is no change. A gas station is a permitted use in a business area provided~that this Board approves of it. If this was next to a church or a-school we would have a legal reason to deny it. Southold Town Board of Appeals -9- August 4, 1966 HAZAL STEPPER: Doesn't gasoline storage and so forth have to be a certain distance from homes? THE CHAIRMAN: There are no homes within 500 feet of this property, MR, MAHLER: I don;t live in.,Mattituck, but I do go by there everyday, This new gas station will be setback further than that house is now? The house is setback 23 feet now, MR,'MAFILER: The gas station would probably be setback. 50 feet or more? THE CHAIRMAN: Possibly it would be setback 80 feet'from County Route 27A. MR~ OLSEN: May I add something to~ak.what,-I said before, I have no objection to a gas station on that corner if~it.was marranted, but this is four or five years away, Before you make a decision,,, you ~hould postpome decision and find out why they putthe Islands there and why they put curbing there, MR2HULSE: The County. can deny them access ontothe County highway if they wantto, THE CHAIRMAN: The County has higher authority than we do. MRj HARRISON: I live on Westphalia Road, I think there are other areas better suited for gas stations, You see gas stations boarded up and this is an eyesore, THE. CHAIRMAN: Are there any other-~estions? (There was no response,) THE CHA/RMAN: Does any member of the Board wish to add anything else? MR,' HULSE: If this is granted, I think the setback should be more than 80 feet. (The traffic hazard was again discussed, Also discussed was how much land would be taken by the'~ounty for further expansion o f'the existing road,) Southold town Board cf'Appeals '10- August 4, 1966 JAMES OLSEN: I move that you postpone a decision on this until you check-with the County. MR, DARB¥: We can% go to the County with this until we have the apprOVal here. JAMES OLSEN: Those islands were put in there for a purpose. think you should check with the County. THE CHAIRMAN: The ~slands were put there to stear the traffic. JAMESOLSF~I: I object to a ruling on this .tonight. Tm~CHAIRMAN: I don't-see any connection between the county curbing and what we decide here 'tonight. There is no reason to postpone a decision on this. Is There anyone else who wishesto be heard one way or the other on this application? (There was no response.) After investigation and inspection the Board finds that the appellants request permission to constructa gasoline service station on the northeast corner of Route '2.~ and CoxNeck Roa~, Mattituck. The Board finds that the property inquestiun and adjacent'property.was zoned "B" Business District on the'Southold Town Board's own motion in February, 1961. The Board points£ out that a gasoline service station is a permitted use in the "B~I" Business District'with the approval of the Board of Appeals. The B'oard finds that the property'in question has sufficient area for the accommodation of a gasolin~'service station. There will be ample area .for access and .for setback ofthe proposed garage so as to eliminate the traffic hazard. The use of~this property as a gasoline service station will be in line with the de~_lopment of this whole"B" Business District. This proposed service station is not,unreasonably close to any church, schooi~ theater, recreational area, or other place-of public assembly. The gna nting of this permissive use will be in harmonywith and promote the general purposes and intent of ~ the Zoning Ordinance. Southold Town Board of Appeals -11- August 4, 1966 The Board finds that the public convenience and welfare and juStice will be served and'the legally~established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the. Ordinance will be observed. On motion by Mr. Gill~spie~ seconded by Mr. Grgionis, it was RESOLVED that-Donald O. Stein and RobertA. Bernhard,. 100 Ring Road West~ Garden City~ New York, be granted permission to construct a gasoline service station on property located on the north east corner of Middle Road (c.r. 27A) and Cox Neck Road~ Mattituck, New ~rk, subject, however, to the following conditions: 1. The proposed building shall be located at least 100 feet-from Middle Road (C.'R. 27A)~ and at least 100 feet from Cox Neck Road. 2. No major repair.work shall be performed in the open. 3. Pumps, lubricating and other devices shall be located at least fift~e~(.50) feet from the line of any street or high- way, right-of-way or p~operty line. 4. Ail fuel oil or similar substances shall be stored at least fifty (50) feet distant from any street or lot line. 5. No automobiles~ or automobile parts~ dismantled or damaged vehicles and similar articles shall be st~red in the open and no parking of v~%tlvehicles other than those being serviced shall be permitted. $~All storage tanks shall be ~uried underground. 7. Signs are to be in accordance with Article IV, Section 408~ of the Building Zone Ordinance of the Town of Sou~thold. 8. Permission is granted for one (1) year in which to apply for a building permit forthis project. Vote of-the Board: ayes:- Fir. Gillispie, Mr. Bergen, Hulse~ Mr. Grigonis. $outhold Town Board of Appeals -124 August 4~ 1966 PUBLIC HEARING: Appeal No. 935 - 8:15 P.M.'~,~.D.S.T,), Upon application of MattituckPlumbing and Heating'Corp., Rout~ 25, Mattituck, New York~ for a special exception inaccordance with the Zoning Ordinance, Article IV~ Section 408, Subsection B, for permission to retain a side wall sign. Location of property: south side Main Road~ Mattituck~ New York~ bounded north by McCarthy-Main Road, east by McCarthy-Bay~Avenue, south by E.W. Wilsberg~ west by Harry Pumillo. Fee paid $5.00~ The Chairman opened the hearing byre~ding an application for a ~ecial exception, legal notice of hearing, affidavit attesting to its ~ publication in the official newspaper and notiee to the applicant. ERA/EST WILSBERG: We wanted to take care of all the signs~ but just the side wall s~n was advertised. THE CHH]I~bI%N: You are not permitted a side wall sign which is facing the parking lot or whatever"that area is there to the east. You also have an overhanging sign on the building and this type of sign is not permitted under the ordinance. You are permitted one standing sign on business property. You could put up a sign six feet six inches by 12 feet ~w inches,, but you .can't have an overhang~g sign. Two of these signs are illegal now. ERNEST'WILSBERG: I don't think it should be called a side wall sign. ~ctually it is facing the road. MR. HULSE: That is because the road curves. The front of the building is where it faces the road. This sideof the building is not facing on the road. ERNEST-WILSBERG: It isn't exactly facing the side either. THE CHAIRMAN: From the zoning stand point-ofview it is the side wall. If this sign is more valuable on the side wall you can refrain from putting up a standing sign in the front of yard. That would permit you to take that sign that is presently overhanging and put it flush against the building. Also the oil sign could be put against the building. ERNEST'W!~qBERG: Is everyone being required to remove overhanging signs. THE CHAIRMAN: Yes. Southoid Town Board of' Appeals -13~ August4, 1966 ERNEST WI?.SBERG: Would you approve a sign on the roof line? MR. BERGEN: It wouldn't be visible on the roof. THE CHAIRMAN: You can put the two overhanging signs flush againstthe building. You can keep the side wall sign in lieu of a ground sign. Does eye, one understand tha~? Is there anyone present who wishes to speak against-this application? :(There was no response.) After investigation and inspection the Board finds that the appellant request permission to~-~retain a side wall sign~ and two front wall signs. The front wall signs presently overhang from the front of the building. These two signs will have to be~tback flush with the building. The appellant may retain the side wall sign in lieu of a advertising ground sign. The Board finds thatthe public convenienc~ and welfare and justice will be served and the legally established or permitteduse of neighborhood property'and adjoining use districts will'not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Mattituck~Plumbing and Heating Corp., Route 25, Mattituck~ New York~ be granted permission to retain a side wall advertising si~n and two front wall signs on property located on the south side of the Main Road, Mattituck, New York, subject to the following condi~ions: 1. Ail signs ~ shall be granted for ore (1) year only,~ renewable annually upon written application to the Board of Appeals. 2j Ail signs shall be subject to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 3. The two front wall signs shall be set flush against the building. 4. The applicant agrees not to erect a ground sign of any type in the front yard area. Vote of the Boar~:7~lr. Gillispie, Mr. Bergen~ Mr. Hulse~'MrSiSoG ~0 Southold Town Board o f Appeals -14- August 4,. 1966 PUBLIC HEARING: Appea; No. 936 - 8:30 P.M.i(E.D.S.T.)~ Upon application of'Cedar Beach Park Association, Inc., Cedar Beach, Southold~ New York, for a special exception in accordance with the Zoning Ordinance, ArticleIII, Section 300., Subsection 9,. for permission~to retain an off premises area identification sign. Location of p~perty: south side Main Bayview Road, Southold,. New York,bounded north by Main Bayview Road,. eastby property'of General Wayne Inn, Inc., south by Ce4ar Beach Park-Subdivision~ westby M. Dickinson. Fee paid $~0 0 The Chairman opened the hearing by re~ding the application for'a special exception,legal notice of hearing~ affidavit attessting to~ its publication in the official ne~ paper, and n~tice to the applieant. THE CHAIRMAn,: Is there anyone present-who wishes tospeak for this application? ALFRED MAHLER: That is my letter that you have just read. I don~t know what e~e I can add. That sign has been there and we have never had any question about it. It is on a road that is only'50 feet wide that is owned by individuals. The Sign is not detrimental in any way to traffic. (~There was some question about whose property the sign in question was lo~ated on. The Board viewed the tax map on the property in question and established the property line. It was determined that the sign in question is located on privately owned p~perty.) THE CHAIRMAN: Is there anyone present-who wishes to speak against this application? (There was no reponese.) After investigatiDn and inspection the Board finds that the appellantrequest permission to retain an on premises area identification sign. This sign identifies~cedar Beach Park area~ The sign is 4feet by 6 feet, which is in conformitywith the pr.~w$ions of the Southold Town Zoning Ordinance~ It~is the opinion of the Board that the sign in questiDn is in the interest of the travelling public. The Board finds that the public convenience and welfare and justice will be served and the le~ly established or permitted use of'neighborhood propety ~ and adjoining use Southold To~nBoard of Appeals --15- August 4, 1966 districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed, On motion by Mr. Gillispie~ sec0nded by Mr. Bergen, it~was RESOLVED that~Cedar Beach Par~'Association, Inc/,.-Cedar Beach~ Southold, New York,. be granted permission to retain an off premises identification sign~ on property located on the south 9x. Sid~yview Road,~ Southold, New York,. bounded north by Main Bayview Road, east by propertyof General Wayne Inn, Inc., south by'Cedar Beach Park Subdivision, westby M. Dickinson. This permission iS granted subject to the following conditions; 1. The sign shall be granted for one ~1) year, only, renewable annually upon mt~kxwritten application to the Board of Appeals/ 2. The sign shall be subject to all subsequent changes in the Southold Town Zoning Ordinance as°it applies to Signs. 3. The sign shall be erected at least five (5) feet from all property lines. 4. The sign shall be erected at least three i(3) feet above ground level. Vo~te of'~e Board: Ayes:- ~r Gillis~ie~ Mr. Bergen, Mr~ Hulse, Mr. Grigonis. PUBLIC ~P~ARING: Appeal N©. 937 - 8:45 P.~M.'i(E.D~S.T,), Upon application of Reydon Shores Property~O~ners Association, Southold, New ~YOrk, for a special exception in accordance with the Zoning Ordinance., Arttle III~ Section 300, Subsection 9, and 10 for permission to retain an off premiseS ~irectional sign at the north east corner of~ Bayview Road and Reydon Drive~ Southold~ New York, bounded north by John Beach~, east by John Beach, South by North Bayview Drive and west by Reydon Drive; and for permission to retain an area identificatio~ sign on the property that is described as being' BlOck I On ~the map of Reydon. Shores, said Block I, being bounded north by' Reydon Drive, east by Reydon Drive~ south by Oak~ Dr'ive~ west by Oak Drive, southold, New York. Fee paid $5.00, Southold Town Board of Appeals -16- August 4~. 1966 The Chairman opened%he hearing by reading 'the application for a special excep~ on, legal notice of hearing~ affidavit attesting t o its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is th~anyone present who wishes to speak in favor of this application? GUSTAVE-.WIRBOLDT: This sign has been there for ~25 years. We need the sign on Reydon Drivein 9rder for people to find Reydon Shores. That first sign has'been therelong ~efore the town law was passed regarding signs. It was there long before the zoning Ordinance. Under the constitution we have a rightto have a sign there. Mr. Beach has given permission for the sign. THE' CHAIRMAN: Is there anyone else present who wishes to speak for thisapplication? JAMES SANDERS: I am in favor of the sign remaining~ere if it is atall possible. It is difficult for people to find Reydon~yShores. It is almost~~ impossible for people to find us or give directions to find us with out a sign. (A lenghty discussion was held as to whether or not a directional s~n should be granted for the direction to a subdivision. The Chairman advised the appellant of cases where there were directional signs for ~ subdivisions denied. It was determined that this sign merely directs to the location of a residential area and differs from other directimnal signs for subdivisions in that Reydon Shores is completely builtup and there are no lots for sale. The appellant is requested to obtain a letter from Mr. Beach, stating his permission for a sign on his property.) THE CHAIRMAN: Is there anyone present-who wishes t~ spaak againstthis application? (There was no response.) After in vestigation and inspection the Board finds that the appellant request permissbn to retain an off premises directional sign on the property cfJohn Beach. Said property ownerhas given verbal approval for a sign on his property° A letter from the property owner.will be forthcoming. This directional sign is merely to direct people to a residential area. It is not to directlopeople to a subdivision where there Southold Town Board of Appeals -17- August 4, 1966 are vacant lots and homes for sale. The Board believes that this sign is inthe interest of the travelling public. The Board finds that the applicant also request permission to retain an area identification sign. This sign has been here far many years and again the Board believes that th~ sign is in the interest of the travelling public. The Board finds i hat the public convenience and welfare and justice will be~rved and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantiallyinjured and ~e spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by'Mr. Bergen, it was RESOI~ED that Reydon Shores Property Owners Association, Southold, New York, be granted permission to retain an off premises directional sign on the property of John Beach on the north east corner of Bayview Road and ReydonDrive, Southold, New York, and permission is granted for anarea identification sign on property that is described as being Block I on the map of Reydon Shore, Southold~ New York. Said permission is subject to ~e following cond~ions: 1. Both signs shall be granted for one year,, renewable annually, upon w~itten application to the Board0f'Appaals. 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 located at least five (5) feet from any property line. 4. Both signs shall be located at least,three (3) feet above ground level. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse,. Far. G~onis. Southold Town Board of Appeals -18- August 4, 1966 PUBLIC HEARING: Appeal N~$ 924~ - Upon application of Camp Immaculata, PeconiaBay Blvd., Mat~ituck~ New York, for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section 300~ Subsection 10~ for permission to retain a directionalsign on the soUthwestcorner of Main Road and Bray A~enue, Mattituck~ New York~ b~unded north byMain Road,. east by Bray'Avenue, west by S. Kander, south by'K. Tuthill. The Chairman reopened the hearing by reading the application for a special exception, legal notice of hearing, affidavit a ttesting to' i~s publication in the official newspaper~ and notice to the applicant. MR. MUTEL: The people who own the property will not give written permission forthe sign. They gave verbal permission, but they will not put it in writing. (It was determined that in this particular case written permission from the property o~nerwould not be necessary. The Board will accept M_r. '~ Mut~l's word that he has verbal permission for the erection of the sign. THE CHAIRMAN: Is there anyone presentwho wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the appellant request permission to retain~adirectionalsign on the property of ~ S. Kander. Said property owner has given verbal approval f~ a sign on his property. The Board f inds that this sign is for directimns to a girl's summer camp. The Board points out that this sign is in the interest of the travelling public. The siz e of the sign is four feet by three feet. 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 permanentlyor substantially injured and the spiritof the Ordinance will be observed. Southold Town Board of'Appeals -19- August 4, 1966 On motion by Mr. Hulse~ seconded by Mr. Bergen~ it was RESOLVED that Camp Immaculata~ Peconinc Bay Blvd., Mattituck, New York, be granted permission to retain a directional signon the property of St Kander~ located on the south west conner of the Main Road and BrayAveanue, Mattituck~ New York, subject to the following conditions: 1. The sign shall be granted for one (~1) year only~ renewable annually upon written application to the Board of Appeals. 2. The sign shall be subject to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 3. The sign shall be located at least five (5) feet from any property line. 4. The sign shall be located at least three (3) feet above ground.level. Vc~ of the Board: Ayes:- Fir. Gillispie, Mr. Bergen, Mr. Hulse, Mr% Grigonis. PUBLIC HEARING: Appeal No. 913 - Upon application of FredE. Hulse, Sr.~ Route 25, Greenport, New York, for aspecial exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to retain a "TORO" on premises advertising sign. Location~of property: north side Route 25, Greenport, New York, bounded north by Village property, east by Frank Townsend, south by t~e Main Road~ west by'Clifford Benjamin. Fee paid.~$~00. The Chairman opened the hearingbyreading the application for a special exceptionz legal notice of'hearing~ affidaivt attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (~There was no response. ) THE CHAIRMAN: Is there anyone present'who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -20- August 4, 1966 After investigRtion and inspection the Board finds that the appellant request pemission to retain an on premises advertising sign. The sign reads "TORO". This is to advertise the sale of power mowers~ a business conducted on the premises. The Board finds that the public convenience and we justice will be served and the legally establish~ use of neighborhood property and adjoin'ing ~-sed/s ii1 not be permanently or substantially injured and the spiritofthe Ordinance will be observed. On motion by Mr. Gillisple, seconded by Mr. Bergen, it was R~SOLV~o that Fred E. Hulse,-Sr.~ Route 25~ Greenport, New York, be granted permission to retain an on premises advertising sign .adverting the sale of'"TORO'' power mowers~ on property located on the north side Route 25~ Greenport, New York, subject to the following cu~ditions: 1. The sign shall be granted fDr one year, renewable annually~ upon written application to the Board of Appeals. 2. The'sign shall be subject to all subsequent changes in the Southold Town Zoning Ordinance a sit applies to signs. 3. The sign shall be located at least five XS) feet from any property]ine. 4. The sign shall be located at least three (3) feet from ground'level. Vote of the Board: Ayes;- Mr. Gillispie, Mr. Bergen, Mr. Grigonis. In accordance with a letter received from the Cutchogue Fire Department, on motion by Mr. Hulse, seconded by'Mr. Bergen~ it was RESOLVED that the-Cutchogue Fire Departmentbe granted permission to display posters in the Town of Southold advertising their annual "Bar-B-Cue" . These posters will be displayed between August 9, 1966 and August'27~ 1966. These posters will.be removed promptly after the event. It is believed this is in the public interest. Also to be displayed is a four foot by six foot temporary.sign in the Village of~Cutchogue. It is specifically forbidden to place these posters on utility poles or private property without permission. Southold town Board of Appeals -21- August 4, 1966 Vote of the Boards Ayes:- ~Lr. Gillispie, Fir.. Bergen,~ Fir. Hulse, Mr. Grigonis. On motion by Mr. Gillispie, seconded by Mr. Bergen, it ~as RESOLVED that the Southold Town Board of Appeals set 7:30 P.~M.(E.D.'S%~T~), Thursday,~ August 18, 1966, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of G. Harvey Moore~ Blrby~Aane, Jamesport, New York, for a~ariance in accordance with the Zoning Ordinance, Ar~le III, Section 303, for permission to divide land and for approval of access in accordance with the State of New York Town Law, Section 280A. Location of property: south sidePeconic Bay Blvd., Laurel, New YoNk, b~unded north by Peconic Bay Blvd., east by property now or fommerly of Harry Young,. south by Peconic Bay, west by land now or formerly of J. Cardinale. Vote of-the Board: Ayes: ALL On motion by Mr. Bergen, seconded by'Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M.~.D.S.T.), Thursday, AugustlS, 1966, at the Town Office, Main Road, Southold, New York, as the time and place of hea~ing upon application ofCarl W. and~ane H. Sabine, Main Road, Orient, New York~ for a variance in accordance with the Zoning Ordinance~ Art~ e X, Section 1007~ Subsection for permission to extend the two year non-use period for a non- conforming use. Location of property: south side Main Road, Orient, New York, b~unded north by Main Road, east by G.L. Young, south by John Droskoski, west by L.I~ Cauliflower. Dist. Vote of the Board: Ayes:- ALL On motion by Mr. Hulse, seconded by Mr. Grigonis, it was REEOLV~D that the Southold Town Board of App$1s set 7:50 P.M.'(E.D.'S.T~), Thursday, Augustl8, 1966, at theTown Office~ Main Road, Southold, New York, as the time and place of hearing upon application of Peter and Rose Blreh~ Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection 5 (i), forpermission for a marina for the docking~ mooring or accommodation of not more than six (6) non-commercial boats. Location of property: lots number 5,6,7~ and 8 at Bay View Park, Mattituck, New York. Vote of the Board~ AYES: ALL Southold Town Board of Appeals -22- August 4, 1966 On motion byMr. Grigonis, seconded by Mr. HU]s e~i~t was RESOLVED that the Southold Town Board of'Appeals set 8:10 P-~Mj~(E.D~'S.T.~), Thursday, August 4, 1966, at the Town Officew MainRoad, Southold, New York~ as the time and place of hearing upon application ofErnest E. Wislberg~ O!ejule Lane~ Mattituck, New York, for a variance in accordance with the Zoning Ordinance, - Article Iii, Section 300, Subsection 5 (i),..for permission to construct and maintain a boat basin for the dockage of more than six (6) non-commercial boats. Location of property: south si~ Glenn R0ad~ West~reek'Estates, Southold~ New York,~ bounded north by Glenn Road, eastby lot number 19 of~West~Creek E~tes, south by West-Creek, west by lot number 18 of West~Creek Estates. Vote of the Board Ayes: ALL On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M.S.PSaT.), Thursday, August 18, 1966, at the Town Office, -Main Road, Southold~ New York as the time and Place of hearing upon application ofWilliam J. Baxter, Nassau Point, Cutchg0ue, New York, for a special exception in accordance with the Zoning Ordinance , Article III~ Section 300, Subsection 9~ for permission to retain a subdivision sign at-Village Manor'Subdivision with insuffficient setback. Location of property: north side-Main Road, Mattituck, New York~ bounded north by Stewart~Est., east by Village Lane, south by Main Road, west by Stewart-Est. Vote of the Board: Ayes:- ALL On motion by Mr. Bergen~ seconded by Mr. Hulse, it was RESOLVED.that the Southold Town Board of Appeals set~8:45P. M. (E.~.~S.T.), Thursday, Au~gust 18~. 1966, at the Town Office, Main Road, Southold, New York, As the'~ time and place of hearing upon application of Raymond L. Diedrick, Orient~ New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300,-Subsection 10~ for permission to maintain a directional sign on property located on the north side of the Main Road,. Orient, New York, buunded north by land now orformerly of William Karcher, south by Main Road, west by land now or formerly ofWilliamKarcher. Vote of the Board: Ayes:- ~?~. Southold Town Board of Appeals ~23- August 4~ 1966~ On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:00 PjM~'~(E~D~S~T.')~ Thursday, August 18, 1966, at theTown Office, Main Road, Southold, New York, as the time and place of'hearing upon application of Roger K. Williams~ Hale H~llow Road, Huntington New York, for a ~pecial exception in accordance with the Zoning Oridance, Article III~Section 300, Subsection 9, for permission to retain a "for sale" sign with insufficient setback, Location or ~ property: south side Main Road, East Marion, New York, bounded north by Main Road, east byElsie Papson, south by. Right of Way~ west by M. Wiggins & Wf. Vote of the Board: Ayes:- ALL PUBLIC P~z.~/{ING: Appeal No. 912 - Upon appiication of Em~ry J. Garrett, Bay'Avenue, Cutchogue, New York~ for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 8, for permission to retain a directional sign on the-cornerof BaYAvenue and Sterling Road,. Cutchogue, New York, bounded north byPancaldi, east by Bay Avenue, south by G. Watts, west by Mudd Creek. The Chairman reopened the hearing. THE' CHAIRMAN: Is there anyone present to speak-for %his application? (There was no response.) T~E CHAIRMAN: Is there anyone present who wishes to speak against, this application? (There was no response.) After investigation and inspection the Board finds that the appellant request permission to retain an off premises directional sign, directing people to his florist business~, Board points out that there areno provisions in~e S~hold TownZoning Ordinance for off premises directional signs for agzicultural businesses. The Board of-Appeals, does nothave authorityto grant the type of sign requested. The 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 O~di~anqe~.~ill not be observed. Sou'thold Town Board of Appeals ~24- August 4, 1966 On~tion by Mr. Hulse~ seconded by Mr. Grigonis~ it was ~'~ESOLVED thatEmory J. Garret, BayAvenue, Cutchogue~ New York, be denied permission to retain a directional sign on the property z~ located on the corner of Bay Avenue and Sterling Road~ Cutchogue, New York. The sign must be re~ovedby October 1, 1966. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated July 21., 1966 and July 28, 1966, be approved as submitted. Vote of the Board: Ayes:- ALL The next regular meeting of the SoutholdTown Board of Appeals will be held at 7:30 P.M.'~ Thursday,~ August 18, 1966, at the Town Office, MainRoad, Southold~ New York. The meeting was adjourned at 10:15 P.M.' Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board of Appeals