HomeMy WebLinkAbout73 TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATE...Jul,y ]2,. 1958
Appeal No. 7? Dated June 18, 1958
ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD
To Peconic Outdoor Advertising Co, Appellant
Arshamomaaue Avenue, Southold, New York
At a meeting of the Zoning Board of Appeals on July 10, 1958 the appeal
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special permit under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
(x ) Request for a special exception to the Zoning Ordinance
I. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be
granted ( ) be denied pursuant to Article.................... Section.................... Subsection................
paragraph.................... of the Zoning Ordinance, and the decision of the Building Inspector ( )
be reversed ( ) be confirmed because
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce undue hardship because
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed
?, SPECIIL TCEPTIOT?: Bo rd unanimously agreed that the special exceptian, to erect.
commercial sign on the rremises of Arthur Mehl., north side of Main Road, Cutchogue.
N,Y,, be denied,
The Board found no valid reasoning which would justify the erection of a commercial sign
IT) this location. The reasons advanced by the p licart, were rincipally concerned with
the expansion of the Peconic outdoor Advertising Comnony' s business.
Board further determined that, the rartir� of such an exceptian would tend to defeat. the
Sign section of the Ordinance and hat the intent of the original Zoning Commission was
no to permit, the urrestri.cted expansion of commercial signs.
The Board feels t.h<t an exception shonh not be granted for tha benefit of one piece of
property where all other Properties are left
with a restricted use.
ZONING BOARD OF APPEALS
Qs .
Grace 1R. Meyere
Secretary
Form ZB4
~'OWN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION APPLICATON NO. /-"
DATE...',~.../. J~
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
I, (We) .P...e..c.9..n..i...c....Q~..~.~...~.r...&.~"v..~.~.~.~.~a..~m~.~n~....~..A~h~maq.~e..A~.e~.~e ......
Name Street and Number
................................. .S..o..~.h..Ql.d ............................................ Z~e.w...¥.o..r..k. .................
Municipality State
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance
with the ZONING ORDINANCE ARTICLE TV SECTION 408
SUBSECTION
THE SPECIAL EXCEPTION IS REQUESTED BECAUSE applicant is not the owner of
the premises, but is an outdoor advertising company leasing space from
the owner, Arthur Nehl. Vurthermore, products other than those sold
on the premises of the owner may be advertised.
The premises that would be affected are situated on the north side
of the Main Road (Route 25) at Cutchogue, New York. The premises are
in a "~Bt Business District", are owned by Arthur Nehl and bounded on
the west~by vacant land recentl, y acquired by the Town of Southold and
presently used as a parking lot. The premises on which the sign pro-
posed to be erected would be placed are occupied as a variety store.
The sign proposed to be placed would be 6'2" in height by 12'2" in
width with a copy area of 5' x llt.
No subsection is specified since the applicant would accept permission
conditioned on there being placed either a wall sign or a detached sign.
Applicant will, at the hearing to be held, supply further details as
to exact location, etc., on the premises. Since some l~titude is pos-
sible applicant would prefer not to be bound by any exact location
specified in the application.
Peconic Outdoor Advertising Company
~TA~N%EY $. CORWI~
NOTARY PUBLIC. State of New
Residing in Suffolk County
Clks. No. 52-5826400
Commission Expires March 30, 196~
F OI%iVI ZB2
.
.
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss.
LEGAL NOTICE
NOTICE OF HEARING
Pursuant to. section 267 of the Town
Law and the provisions of the amended
BUilding Zone ordinance of the Town
of SOuthold, SUffolk County, N. Y. a
pUblic hearing will be held by the
Zoning Board of Appeals of the Town
of Southold at the Town Clerk's Office.
Main Street, SOuthold, N. Y.. June 26,
11958 at 9:30 P. M. (ED.B.T.) upon the
application of Robert Witherspoon for
a special exception to. erect and main~
tain an advertising sign, Article III
Section 300 Par l1.,to be located on
north side of Main street, Cutchogue,
N. Y. I
Any person desiring to. be heard on
the above application should appear at
the time and place aoove specified.
Dated: June 18, 1958
By order of the Zoning Board of
Appeals.
Freder ick C. HawkIns
00It~lr P1TIlC, being duly sworn, says that she is
the h",....te~r of the LONG ISLA"ID TRAVELER-
MATTITUCI< WATCHMAN, 0 public newspaper printed
at Southold, in Suffolk County, and thClt the notice of
which the annexed is a printed copy, has. been published
in said Long Island Traveler-N\attituck 'Natchman once
/ t:;.A . / /
cClch week for ...L_,/:>;"~,.L-A...(..;...
c)rYlmenc:ng on the .. .......1.5~ cZ(,
weli~' successively,
....... day of
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. 19..)'<;
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Sworn to before me this. .....:X.(/........ day of
: '1 6'>-5-
.....T. f({.iLL........ 19.,..,....
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Notary PlJblic ' "
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J'llne 21. 195'8
StaD1_,.. S.Cerwln, Attorney
Greenport, !l.Y.
Dear sir r
There viII be a public hearing ttpon your application tor
a special exception to the zoning Ordinance LIe P.'eonic OUtdoor adnrtldnc
co., held by the 7.,oning Board 01" Ap)'I4!tlle at th"l 1lnm Cler>k' $ ot't'1oe,
Maln Street, Southold, )f.Y. June 26, 195b at 9:30f'l'i (~.!J.~:.'l'.)
~}ould you bring an agreement vi th the land owner, and IlD7 .
other lntol'mat:l.on which would be pertinant to this aase with YeU. to
tbe hearing?
7'hank you
Yours t!'nl.1
, .
I,
t' (
<-,\"-"'i.,- ) ,'.
Building Inspector
C.c. to aobt. j-/itherspoon
y
.
.
Legal Notice
Notic. of Hearing
Pursuant to. section 267 of the Town Law and the provisions of
the ammended bUilding Zone Ordinance of the Town of Southold,
Suffolk County! N.Y. a public hearing will be held by the Zoning
Board of Appea s of the Town of Southold at the Town Clerk's
office, Main Street, Southold, N.Y. June 26,1958 at 9130 PM
(E.D.S.T.) upon the application of Robert Wltherspoon for a speci 1
exception to erect and maintain an advertixing sign, Article III
Section 300 Par 11., to be located on north side 6f Main St,
Cutchogue, N.Y.
Any person desiring to be heard on the above application should
appear at the time and place above,specified.
dated June 18,1958 by order of the Zoning Board of Appeals
Pleas publish once June 19, and forward the affidavit of
publication immediately to the Building Inspector
\
,
Me#116 FROM:
.
STANLEY S. CORWIN
.
TO:
r
Mr. Howard M. Terry,
Town of Southold
Southold, New York
ATTORNEY AND COUNSRLOR AT LAW
44J MAIN ST. GREENPORT, N. Y. G_nport 7-0076
Building Inspector I
DATE:
June 18, 1958
L ..J
--fOLD HER~
SUBJECT: Application of Peconic Outdoor Advertising Co., Inc.
Dear Mr. Terry:
Submitted herewith, in duplicate, is an application to the Board of
Appeals of Peconic Outdoor Advertising Co., Inc. for permission to erect en
advertising sign as a special exception to the zoning ordinance. It would
be appreciated if this could be added to the Board's agenda at it's next meet-
ing. A check for the fee of $15.00 is attached.
by
>,,~
~
.WN OF SOUTHOLD, NEW YORK .
APPLICATION FOR SPECIAL EXCEPTION
APPLICATION NO. 73
DATE..~...t..t: -;; v
TO THE ZONING BOARD OF APPEALS, SOUTH OLD, N. Y.
I, (We) .~..~m~...Q.~~~.9.~.:r...M'r...~.t;J"'.~..~..n.J.....Qt:..Ax-...h~_CJ....A.nR.~'......
Name Street and Number
............ .................... .~."~~.li\q.~4.................. ...........
Municipality
............... .:N~~ ..l.~~.................
State
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance
with the ZONING ORDINANCE ARTICLE IV SECTION 406
SUBSECTION
THE SPECIAL EXCEPTION IS REQUESTED BECAUSE appllcan' 18 _t tbe owner or
tb. pll"em1eu, but 18 an outdoor ..d....r1l1I1ns o-PaIl7 leaelq spa.. rrea
tb. ClWl18r, AJotbur N.bl. PurtbeNore, product. otber tban tbos. .01d
on tWI preml.e. of tbeowller m..y be advertl.ed.
l'b4' premi.e. tbat would be atreoted. are situated on tbe nortb 81d.
ot tbe Main Road (Rollte as) at Cd.bogue, New York. !be preml.e. are
In a '~'I' Bu.1ne.. Dl.trlot-, are owned by Arthur Nebl and boun4ed. oa
tbe WI..t b1 ...uant land reoently aoquired bl tb. !'own at Soutbold an4
p....ntll uaecl a. a puld.na lot. '1'be prelll1.e. on wbioh tbe .ip pro-
po..d 110 be ereoted would be placed are oocupied all a .,ul.tl .to....
'!'WI .1p pl'Opo..d to be pl80ed would be 6 '2" b b.lgbt by 12'2. la
vId.tb ~i~h ~ oOPJ area 01' S' x 11'.
No .ub.eotlon 18 epecifled .1nee tbe applicant would .ecept ~..loa
oondl1:1....d on tGet'., belq placed sUbsr a w..ll a1gn or .. detached e1p.
Applioant w1ll, at th bearIns to be beld, supply furtb.r detail. ..
to eX.lot looatlon, etc., on the prelll1..8. Slnoe .0... atItude 1. po.-
81111. applloant wOllld preteI' not to be boWld by any exaot location
.pe.lti.d in the application.
STATE OF NEW YORK )
) 55
)
PeeoAie OalldooJO .A.dT.rll1aiA& COJD,pLllJ'
b1 '~~s:(j~J~f~,,__
..... ... .1S..~............. 'S'ig~~t'~'~~"""""""""" .t.......
J\NLEY S. RWIN
NOTARY PUBLIC. State of New Y'"
Resi~ in Suffelk County
Clb. No. 52-5&26400
eolluaiNwa EXPires March 30, 1960
l"ORM Z:B2
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GREENPORT, NEW YORK
TEL.EPHONEiiOUTHCLD 5-2260
November 22, 1958
Mr. Robert Gillespie, Chairman, Southold Appeals Board
Town Clerks Office
Main Road
Southold, New York
Dear Mr. Gillespie:
I am enclosing herewith copies of letters that have
been forwarded to The Federal Highway Administrator, Bureau
of Public Roads, Honorable Sinclair Weeks, Secretary of Com-
merce, by the American Newspaper Publishers Association, Asso-
ciation of National Advertisers, Advertising Federation of
America, American Association of Advertising Agencies, Brand
Names Foundation, Magazine Publishers Association. All of
these are National associations.
I would personally appreciate . it if you would
take time out to read the comments of these important groups
as to their opinions and outlook concerning outdoor advertis-
ing.
We, in the outdoor field, feel that many folks mis-
understand the functions of outdoor advertising. If you wil~
be good enough to also pass this on to any of the Board mem-
bers, we feel sure that it will enlighten them as to the pro-
per and fair handling of signs.
We should sincerely appreciate your cooperation by
the review of your people in these matters.
Very truly yours,
~. ..-/~
Charles S. Witherspoon
CSW:JB
Enclosures
AMERICAN NEWSPAPER PUBLISHERS ASSOCIATION
750 THIRD AVENUE
. AI .'TH I'."T .
"LlPHONI, YUKON '-1200
NEW YORK 17, N. Y.
SepteW)er~, 1958
1011. JlertzIuI D. 'l'Iilla...,.
Nen1. 11cbw7 Ad-t"tatntw
BaNau of Pltblic loa4a
W.ah1DCtoa 25, D.C.
FROM
CRANSTON L.a.
""'LlI~MS
~ Mr. ..."....,.:
!be '.:ral J1eS18ter of Aqut 28 CODte1tle4 prDpOlle4"t1Cl111l 8tat1/181'lSl1
tw R.~tiOll by Statea of Cllat4llC111:' Adftrt18111S 81cat1 Ad,1aceat; tCl the .UOOIIl
s,.teII of IDteZ'IItate alld Det... 1I1ahva78 1..u4 11II/1er the Neftl06i4 Klcb-
~ Act of 1958.
I UIIIleratalld tbIlt pr10r to tiDal adoptiOll ot thea. atallducle cODa14enUolI
vUl be alfttl to 0;1 ate CI' auuutiOlla nbtI1tte4 111 writllll to 7IMl Pl'O'P14e4
auck a_lIta an aubll1tte4 Vith1D 30 4&78 trca All&Ut 28.
!be ~call Bnapa,per Pllbl18here Aasoolatf.Oll 18 a t:ra4e a..oolat101l
COllllll"18111S 838 4&~ -J18pers Which baft OYW 9Ol' ot the total 4&~ drou-
lAtiOD.
III e.-ct1lls the 1'e4eN1-Ai4 K1sIMl7 Act of 1957, the COIlINsa 4ee~re4
1t to be a .-ttOOlll :po1107 thet the erectioll alld .iIlteDaace of _t4llC111:'
adftrt18illS sipll, 418pJa78 or 4nlcea Vitb111 eerte.iIl areaa ahoa14 be re-1.W.
lotb1lls 18 .a14 111 tile laY about 1!I'Ohibit11ljlj adftrt181llS.
DlI117 -J18:pen are DOt attecW by the propOII.a4 re~ttOOll ara4 th1s
protest 18 41Ncte4 a.lut the prob.ibitiOll, l'ather then the raplatioo of
certaill outclllClll:' adftrt1811lC OIl an OIItr1cbt 418cr1a1DatC111:'7 bea18. our poeat-
boob are DOt lwo1ftd ill vIl8t 7011 are PZ'01l0II1IIs.
.A.4ftrt1dUC 18 aIIIl a1".,. baa been a atrq ecODOll1e factw 111 the
4eYe~1It of th18 .-Uon. Adftrt1aillS baa beeIl raapOlldblA tw the abU1v
of thla coaatry to ~ aU others 111 ... producttoo alld .as 41atr1huttOtl
all4 th1a 1n turD baa broaaht about a dtuattOtl vbere our c1t1MDS beYe the
h1cbeat ataD4ar4 ot living ot arJ7 COUDa,- 111 the wor14.
r-- aessC'7 prohibitlon ot aclYert181q, tbezetore, 18 an attack UpcltI
tbe ecllllCll1c welfare of th1a aoantry all4 ita people, althOUCb 11141Nct all4
adroitl.7 d_.
· AMrtoan lewapaper I'lIbl1ahera AaaoolatlOt1 bas DOQDSrre1 Vith .11'orta 1D
re~ta OtIt4llC111:' aclftrt1alllC vbere auch a4vert18111S atpa cOOIItit&tte a pabl1c
baurd. We, hOWft1', QllllZ"l'el Vi th the 41ecr1ll1..ton 1IIherent ln tba propoae4
re~tt_ Stlllou,need Aqut 28.
We alao q.atton the aatev factor iDvolftd in aOM ot the.. prohib1t10D8.
Tbe 41acrlll1DStton liea In the fact tbat aclftrt1aing vUl be peI'II1tW to
those 011'er1lls aervice. w products locate4 Vith1n 12 .J.lAa of the dp,
-.....-
,..
AMERICAN NEWSPAPER PUBLISHERS ASSOCIATION
Ion. JlertrM D. '1'IIllall,1
-2-
8epteaber 2~, 1958
PlL'O'f14e4 .ach ""lee. 40 DOt HJlba.. a bralld _. Bralld _. t....l"..
-,. not be ad...rt1ea4. We lift a..ble to 1IIld8l'lltalld vIIT tbere .hoa14 be tbh
418crild...t1on ap1net bralld ..... Which be... been bu.Ut IIp hODe.tq ana
bonONbq 111 the public a:r-. !be pablic be. accepted bl'llII4 DUH to. 4epoee
that baa perld.ttecl ... pro411Ctton ana _.. 418tributton ana co...q...ntq
lovv coate to the plbl1c. A braD/l ... adYlll't1eeMDt woa14 certainq be DO
IIGh ot a public beaard than aar other f'ona ot outdoor ad'ftrt18iD8. 'l!Iat
18 cene_hip of' a vtc10ua tnle.
We _t .treDQCWlq ob,1ect to the opinion expre.." in tbe replatione
thet . "trade CIl' braD4 _, ~lt:, 418tiuctt... .J'lIbol or otbel'".1Id.ler
~1IIa 18 not 4-<< to be mtol..tion in the .pecUtc intere.t ~ the tN...l-
illC pabl1c.<< !llere 18 notb1lls 11l tha Pe4erel Jl1gbva;r Act ~ 1958 Which
1D41cete. that the COJICN.. a.Ud tCll' an expre.e1on ot opinion fro. the
rederal Itpva;r .".4Bi_tretion aa to the e1'1"ect of' breD/l _ cr aar other
adYlll't18illC on the pub110 and the aboft .tete_nt 18 DOtbillC bat an _oupt
expre..ion ~ op1n1on the acccrae,. of' Which DOt onq oar auoctattoa bat
otllen iuclad1lls -ar of' tbe public 4efiniteq qllfttton.
AJIPA ~...tloae the atetT elftant imolve4 In Umlt1llC ad'ftrt18tac bill-
bOll1'b to 60 feet in a.. It i. concei...ble that aach 11ld.tetioae voul4 add
to the beaard. ot tre...11lla on the public bipwa" beceue .acb a _u .tan
c01ll4 DOt be ree411T obe.l"ft4 111 a h.t .,,-t1lC car.
'1'be replatio.., In the oplnlon ~ the AlIa, 10 ftlr be,1vll4 the lntent of'
Congre.. In euctillC the Federal 11sJnIe,. Act .114 conet1tllte 1IJ:Irea.OIl8ble and
lUIlIU'l'8nte4 41.cr1ll1..tlon aplnet ODe 1IqJortant adYlll't.la1lls .all111.
Weurp that co..14eratlon be l1...n thie prot..t aDd that tbe replatl_
Y1ll be chanpd before be1llC pr'-"ptecl .a lev, vtolatlone of wb1ch ..,. be
panlabe4 .
'!be .-ti.... beh1D4 the.. pl'opoeale oaght to be ezaalne4 .na 418cau"
pablicq.
!'be allberahlp of the _ncan .....peper Pu.bl1ebera Aeaoc1etlon wUl
DOt be 1Oftrne4 b;r the.. regulatlone bat oar ..aoctatioa cannot ateD/l .ilent
when the polIltr of' the J'e481'll1 Ooftr_nt 18 be111C ue4 to 1'eI\Ilate an 111-
portent _.. or c_lcatlon to the public In a va,. Which be. DO relation
to tNftic be_rd..
YoartI 'ft17 truq,
~'''- ~~ - -
CI'llneton W1Uta. T
0._1 MII....r
,
,. -""-...
I '\ I ASSOCIATlOII Of IIATIOIIAL ADVERTISERS, IIIC., 155 EAST <<I Srlm, IIEW YOI. 17, II. Y.
September 19, 1958
Honorable Slncla1r 1ieeka
SecNtary ot c. ,roe
Oeplrlnent ot c-roe
Wuh1rlgton, D. C.
Dear SecNtar,y W..IaI.
r all vrlt1rlg to )'011 CIII bebalt ot CUI' board ot DiNotol'll to 8XJlI'8llS a new-
point on the pl'OpotMId stendarda go'I'tIming olltdoor advert18ing on the
national 8)'8~ ot lntentete h!gh1l878.
In Olll' j\ldpet the oallH ot good gove.,..,t tal' whiClh the adltinlatratlon
atenda, .. _U .. the oall8e at tha tnwning pu.bl1o, and ot the eool1Olll,y
.. a 1G01e, 1IDuld be wU HI'nd it the Pl'OpoMd atenda1'd8 reaelYe tlll'thar
aona1derw.tion.
Jl'or inatenae, lt 18 Appu"Ct that the atencSel'da .. pllbl1abed in the lederel
Ragiater CIIU1 be aubjeat to ftrled interpretetion. S1a11ar~, their practi-
cal1V bas been HI"1ou~ qll..tloned. 1b_ 18 en_oe, tlIl'th8J'lll0re, tba 10
.. pNaentq dfttted th. will not achlen the objeot1y.. Congl'8lla contaplated.
Then pointa alone, It ..... to 1l8, call tor a careful re n.J.IIRUon ot the
stancSerde .
In additlon we bellen that pr10r to 8ft)' aat1Clll .. 1aportant a. the PJ'08lul-
ration at theM stendarde, hear1.nga 1b0000d be heU with oppol'tllnlt, tor aU
oonoemed to partiolpate. It Mould be NoOp\IHd that the atencSerde are
not ~ 1IIportent tJooa the point at View at their awl1catton to the new
h~ 8)'8~, blat a1ao tor the1r potcltialint1uence beyCllld that.
In OUl' j\ldplent h_r1ng. - wUh the ODOpel"lltion lotlloh I .. alll'8 1I01l1d be
tO~ng t~ thoee eleaaentll ot the aclYertie1ng induetl7 oonoemed __
vOll1d taciUtete the dratUng or atencSerde which voll1d 1) 1I1l];r _10 Con-
greaalonal intent, 2) _n aclequete4r ael'Ve the tnventng pu.bl1c, and
J) ntain tor t.he 80CIIIClIV the d"1l"Ilble .tlau1.nt ot OI1tdoor adY8l"tising
tlh11e slall1taneculJ' el1ll1nat1ng the prlnclpal aOlll'088 ot crltlc18a
diNated at thla -.cU.1III.
As )'OIl know, tbe -benhip ot "'ls 88eoaiation ill OClIIpolIed ezclulve];r
ot _pani.. whlab ue advart18tng in an lmportant WIlT to advance thelr
. '.
-2.
Alea and 1lIaI'k.~inl obJeat1Y811. 2bua GIll' conoem OTV' the '.darda
.te. rro. ClU1" conee:m fClr IOUlld g_r~~ pollq I'llUMtr \hID rro.
a dl.reot inMNlIt in the ouWoor aed1_ .. 8110". We do hellen, bGlfoo
eYer, tbd tor \ba nalllll8 I haYe natecl the propo_ dutdarda GOuld
be 1lnPro'ftd throveb hearinp and \ba aoopel'llti_ ot tbote dlNRlT
Cl<<Ieemecl.
V817 .~,
1'ru1.t
Paul B. ~t
~
, ~-..
ADVERTISING FEDERATION of AMERICA
ZSOWEST FIFTY-SEVENTH STREET. NEW YOR][ 19. N. Y.
C
o
p
Y
SPECIAL DELIVERY
September 17, 1958
Hon. B. D. Ta~
Federal Highway Administrator
Bureau of Public Roads
Washington 25, D. c.
Dear Sir:
Re: National Standards for regulation by
states of outdoor advertising sigllS,
displays and devices adjacent to the
national system of interstate and
defense highways and notice of pro-
posed rule making with respect there-
to published in Federal Register
August 28. 1958.
With respect to the proposed standards and rule making notice referred to
above, the Advertising Federation of America sublllits this comment and protest.
()uo Federation has a total membership of over 30.000. consisting of associa-
tions, firms and individuals. It is a cross section of the groups, firms and
individuals who deal with the printed, published and spoken word in the adver-
tising business throughout the United States.
The Department of COI1lI1Ierce, through its Bureau of Public Roads, has proposed a
set of National Standards for Standardized Outdoor Advertising on the new inter-
state highway system which is not only specifically discriminatory against this
mediUlll but for which the end result will be to eliminate brand name advertising
f'rOlll the Federally-built highways.
Even if the specific discrimination against a valuable and respected mediUlll of
advertising were of no importance, we would still have to protest these pro-
posed standards on the grounds that the Department of COl1lll1erce has delivered
a major attack on the very foundation of our mass distribution system __ brand
name advertising.
The proposed standards, issued by the Department of' COI1IIIlerce on August 28.
state the Department's attitude in these words: "A trade or brand name . . .
is not deemed to be infomation in the specific interest of the traveling
public." It seeme ironic that the Department of COI1lI1Ierce, which is charged
with the responsibility for the control and welfare of a healthy economy, should
design rules which would outlaw the standardized outdoor advertising industry
along the new interstate highway system and would limit to the point of near-
prohibition the display of brand name advertising.
. ....
Hon. B. D. TallaJw--2:
September 17, 1958
Unfortunately, the net result of these standards, if they are finally adopted,
will be the denial to brand name advertisers of a valuable and important
national medium of cOllllaU11cation via standardized outdoor advertising on the
new Federal highways.
This is a new government philosophy which we believe to be prejudicial against
the best business interests of the nation, as well as against a specific and
perfectly legal medium of advertising.
This philosophy, as explained in a set of regulations i1hich baffies even our
lawyers, is especially confusing when it freely permits Signs having a non-
profit purpose and prohibits brand Il8IIIe signs which create business.
One wonders whether the Department of Commerce has been misnamed, if its true
philosophy is being expressed by these prohibitory regulations.
While the purposes of these standards, in preserving the beauty of nature and
the safety of the travellers, are meritorious enough, it seems to us that the
friends of nature and of safety have allcwed themselves to be carried away with
their day dreams. Neither the small (60 square feet maximum) Signs, the
monotony of sign-less speedways, nor off-the-highway information centers offer
sanctuary for the traveller.
The Standardized Outdoor Advertising industry, as a respected member of the
advertising fraternity, welcomes sensible regulation for itself and for all
signs along all highways. It actively cooperates with many states and
cOllllllUllities in the developnent of sensible regulations.
But, it has every right to protest axr:f proposal by the government which tends
to regulate a legal and valuable tool of the colllllUIlications industry off the
major highways where it has been a public servant for many years.
The Advertising Federation of America, representing all interests in advertising,
supports that protest with all the vigor at our cOmmand, for an attack on one
of our media could be a prelude to an attack on all.
We urge full hearings on these regulations betore they are finalized and
respect.t'ully request the right to participate in those hearings.
Sincerely yours,
(signed) C. JAMES PROtID
President and General Manager
co: Hon. Sinclair Weeks
Secretary of Commerce
Hon. Walter Williams
Under-Secretary ot Commerce
u1merican u1ssociation of u1dvertising u1gencies
EXECUTIVE HEADQUARTERS
420 LEXINGTON AVENUE . NEW YORK 17. N.Y. . LExINGTON 2-7980
Septlllllber 18, 1958
Hon. Bertram n. Tallamy
Federal Highway Administrator
Bureau of Public Roads
Washington 25, D.C.
Dear Mr. Tallamy:
On behalt of t.he American Associat.ion of AdTertising Agencies,
I respectfully submit. for your consideration the f"ollowing com-
ments, suggestions and propoaals pertaining t.o your notice of"
proposed rule making, dat.ed August. 25. 1956, in ref"erence t.o
"National Standards f"or Regulation by Stat.es of" OUt.door Adver-
tiSing Signs, Diaplays and Devices Adjacent t.o t.he National
System of" Interst.ate and Def"ense Highways."
The American Association of" Advertising Agencies is the nation-
al organization of" t.he advertising agency business. numbering
in Us memberShip 337 advertiaing agencies throughout. t.he coun-
try which handle, we estilnate, almost exactly t.hree-quarters of"
tot.al advertising agency vol\Dlle.
A.A.A.A. believes certain aspect.s of t.he proposed standards to
be detr1mental to the best interests of" t.he U.S. economy, to
place unfair and unnecessary prohibitions and restraints upon
advertising, and to exceed the intent of Congress as given in
the Federal-Aid Highway Act of" 1958 as quot.ed in Section 20.1
of" the notice of proposed rule making.
'1. Advertising is a recognized and essential element. in the
American economy, which is based largely upon mass produc-
tion and mass distribution. It is a principal sales-m.ald.ng
activity of business and a principal means for business en-
terprises to f"ind cust.omers for t.heir goods and services.
It is the counterpart in mass distribution of" the machine in
mass production. Arryunsound and unnecessary restraints upon
&livertising can only have the ef"fect of" slowing down the econ-
omic. growth and development of the country and of injuring its
economic ,health.
Because we believe t.he proposed standards far exceed the pur-
poses of" the Act, and because they effectively prohibit out-
door advertising along the interstate highway system instead
of regulat.ing it, we believe the proposed standards wouid in
fact have the effect of slowing down -our ecoll(<l!ic grcwth and
injuriJ1l7 "11]" o("ollllllli"" health.
. 2 .
2.
The standardized outdoor advertising II\l!dium - which includes
only the lithographed poster and the painted dispJa.Y, and
does not include the vast numbers of individual miscellane- '
ous identification and commercial signs of all types and sizes /"
which are spmetimes mistakenly identified with it - has for V
many years 'had a far-reaching and effective program of self.
regulation designed to serie the public interest. For example,
it advocates sound regulation not only of itself but of all
signs along the country's highways. It has cooperated in de-
veloping such regulation. It does not seek locations in scenic
areas, but only in areas where other business is permitted to
operate. More than 90% of outdoor posters and displays are
situated in urban and commercial areas.
v
We respectfully suggest that if the proposed standards were
to be modeled along the lines of the regulations developed
by the standardized outdoor advertising medium itself and
found acceptable to a great many communities, the purpose of
the Act would be fully served.
3. As we understand the proposed standards they would severely
restrict, and in very large part eliminate, the use of brand
or trade names or trade marks throughout the entire length of
the highways concerned. There can be no reasonable objection
to the elimination of outdoor advertising from scenic areas.
But the standards as proposed would also eliminate all brand
name advertising from those commercial areas through which
the highways may pass, in which other businesses are freely
permitted to operate. Thus they would constitute an unrea.
sonable and unwarranted form of discrimination against one
legitimate type of business activity.
This kind of discriminatory and punitive treatment would be
sufficiently unbecoming on the part of any agency of the
United States government. It is particularly distress1ng to
see it come from a Bureau of the Department of Commerce, the
agency of government which more than any other is charged
with responsibility for good relations between the government
and the entire business community.
We respectfully urge you to reconsider the proposed standards,
with a view to eliminating from them these and other aspects
which would serve mainly to place unreasonable and unnecessary
restraints upon a legitimate business activity.
Sincerely,
President
Frederic R. Gamble/ am
cc: Hon. Sinclair Weeks, Secretary of Commerce
Hon. Louis S. Rothschild, Under-Secretary of Commerce for
Transportation
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Sept_ber 18, 19S8
Mr. B. D. Tallall\1
lIIderal R1chwq Administrator
United states Bureau ot Public Road.
Departaent ot Commerce
Washington, D. C.
Dear Mr. Tallall\1:
The organization ot which the undersigned is President i. a non-
profit membership corporation comprised ot manufacturers ot trade-
IW'ked products, advertisinc media, aDd. adTertisinc agencies.
There has coae to our attention Section 20.S ot nstandards for
OUtdoor Advertising Signs Adjacent to J'elieral Aid Hi,hwqsn in
which are defined. proposed limitations on the text ot such signs.
Because ot the area ot our organization's interests, we are con-
cerned. particularly with the contemplated restrictions' on the
advertising ot brand DBIIIes.
The Pbundation ot course presumes that the Department ot Commerce,
with its specialized understanding ot our country's industrial. and
commercial system, and its responsibility tor the weltare ot this
system, certainly fuvors the encouragement ot competition betwgen
distinctive brands and education of the public concerning their
characteristics and the places of their availability. Certainly
the Department IlUBt know and recognize that vigorous brand adver-
tising of consumers' goods has much to do with the achievement
and maintenance of America's high production levels as well as
the unitormity and high quality of our products.
We are confident, also, that the intrinsic value to consumers of
brand names and trademarks in identifYing the precise merchandise
or services t.hey prefer is well understood by the Department and
by your Bureau. Assuredly you are aware that confidenoe in a
plaoe of purchase, particularly In the instance ot travellers in
unfam iliar territory, predominantly depends on knowledge ot the
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September 18, 1958
2.
availability ot one or more specific brands which the prospective
purchasers trust or preter.
In the light ot the ib regoing presumptions of the Department's know-
ledge and beliets, we can come to no other conclusion than that
Section 20.5 was dratted qy someone solely concerned with the wholly
proper objectives ot protecting the attractiveness of public highways
and of traffic satety, but without the consideration of the services
to the travelling public which hi&hway signs properly should render.
The text ot the proposed restrictions on "signs within 12 miles of
advertised activities" specifically restricts the identification of
the brands such "activities" offer, thus prospectively depriving
travellers of the customary basis on which they seek or ch)ose a
majority ot products.
The phrase specif'ying "signs in the specific interest of the travel-
ing public" must be generic and excluding "a trade or brand name,
trademark, distinctive symbol or other similar thing" also would
place many travellers in the position of hE.ving to reJ.y on the
judgment ot an unknown vendor in an unfamiliar area.
We repeat that we cannot believe the foregoing was the considered
purpose of the Department or your P'1.\reau and we presume, that by the
present ti~e, you h&ve planned substantial revision of the proposed
Regulations. Nevertheless, this Foundation would be derelict in its
responsibility if it failed to register a strong protest againRt the
disregard of the American privilege of informed free choice, the wel-
fare of the traveling public, and the realities of consumers' goods
co~merce, embodied in the present text.
HEA/kg
Cordially, '
/ /(<.~/t
Henry hbt f~.
President
cc: The Hon. Sinclair Weeks
Secretary of Com~erce
Magazine Publishers Association, Jnc
232 MADISON AVENUE NEW YORK 18 N Y
MURRAY HILL 6.7550
October 10, 1958
The Honorable Bertram D. Tallamy,
Federal Highways Administrator,
Bureau of Public Roads,
Department of Commerce,
Washington 25, D. C.
Dear Mr. Tallamyl
The Magazine Publishers Association, Inc., wishes to pro-
test the proposed National Standards for Regulation by States of Out-
door Advertising Signs Adjacent to the National System of Interstate
and Defense Highways which were promulgated by your Bureau on August
28th.
Magazine Publishers Association, Inc., is composed of 98
members which publish 237 small and large magazines with an estimated
combined circulation of 150 million copies an issue. These magazines
represented just under 50% of total distribution of the 2,910 magazines,
business papers and farm papers in the nation, and approximately 80% of
the total of magazine advertising in 1956.
So far as I know, not one of these magazines uses outdoor
advertising of the type the proposed regulation would cover. Indeed,
outdoor advertising in general is considered competitive with other
forms of advertising.
Nevertheless, this Association wishes to register its
vehement opposition to this proposed regulation as a matter of principle:
1. The regulation is a frontal attack on reputable
national advertisers who have spent years and
millions in establishing the reliability and
recognizability of brand names and brand symbols;
2.
2. The regulation would inconvenience the public by
depriving advertisers of the right to feature
established trademarked symbols which so often
convey assurance of quality and dependability
better than could many words of copy;
3. The regulation arbitrarily sets up preferences
among advertisers, local as well as national,
in accordance with what the drafters of the
regulation deem the public wants, or needs,
without reference to the public wishes;
4. The regulation penalizes the most reputable part
of the outdoor advertising industry -- known as
the standardized outdoor advertising medium --
which has voluntarily exhibited responsibility
and concern for the beauty of our highways;
Conversely, the regulation makes no attempt to
control the irresponsible fringe element of ad-
vertiser whose eyesore signs have for years
defaced scenic America;;
5. The regulation completely ignores standard sizes
of advertising, upon which the entire reputable
outdoor advertising industry is based. The economic
consequences -- to the outdoor advertisers, to the
medium, to the advertising agency, to printers, paper
manufacturers, press manufacturers have not, to
the best of our understanding, been weighed.
, .
3.
This Association is composed of members of all sizes,
but there is not one publisher of a magazine carrying national
advertiEir.g but must translate the terms of this proposed regula-
tion into terms meaningful to him: "If the U. S. Department of
Commerce can destroy much of the effectiveness of one medium by
changing established sizes, subordinating brand names, and controlling
the commodities to be advertised, what is to prevent its finding a
different excuse to limit or emasculate legitimate magazine
advertising?"
Government protection of America's scenery is desirable
and laudable. The philosophy of government control of advertising
expressed in this proposed regulation constitutes another phase of
what sometimes seems to be a relentless and bitter attack on private
enterprise, emanating from an astonishing source -- the U. S. Depart-
ment of Commerce.
Private enterprise and individual initiative, as we know
them, could not survive in a climate inimical to their most important
tool of distribution: national advertising.
Neither the standardized outdoor medium, nor the national
magazines, nor any other advertising medium, could have devoted to
United States Government purposes -- in war and peace -- the hundreds
of millions of dollars in space and time which the Government has
so eagerly sought, were it not for national, brand-nace advertising.
Without national brand-name advertising, the communications
industries, as we know them, could not exist. And national brand-name
. -.
4.
advertising cannot long exist if the insatiable instinct to regiment
and direct all of America from bureaucratic command posts is to
flourish unchecked.
May I respectfully suggest a more thoughtful approach to
this whole problem, with due consideration of the factors involved
and adequate hearings in a calm atmosphere?
Cordially,
Robert E. Kenyon, Jr.
President
REK:MF