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HomeMy WebLinkAbout1109 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAR~ OF APPEALS Appeal No. 1109 Dated May 26, 1967 To Suffolk Outdoor Adver~sing Co.,Inc. Riverhead, New York 11901 1967 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below~ was taken On your X ) Request for a special ex~ce~tten under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinar~ce ( ) Monday, July 24, 1967 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined tha~ a special exception ( ) be granted ¢ ) be denied pursuant to Article ............... Section ............... Subsection ............... paragraph ....... of the Zoning Ordinance, and the decision of the Building InspectOr ( ) ~oe reversed ( ) be confirmed because 8:20 P.M. (E.D.S.T.), Upon application of Suffolk O~tdoor Advertising Company, Inc., Riverhead,-New York, for a sp~ecial exception in accordance wi%h the Zoning Ordinance, Ar~cle IV, Section 408, Sub- section (al, Article X, Section 1002, for permission to retain three (3) billboards -on the property of Driscoll, described as item number three in the applica~ion. Loca~on of pro'perty~ north side Main Road and~ east side Factory Ave~lue, Mattit~ck, New York, ~bounded n~orth by Bethan~y Cemetary Assoc., east by Bethany Cemetary' Association, south by~ Main Road west by Factory Avenue. /a~ $lr~c~ ap~hcnim~iX.~ ~,~,,nance (would) (would not/ produce practical diffiCUlties or unnecessary hardshll~ SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not~ be' shared by all properties alike in the irmnediate v~einity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would, not) change the character of the district because "SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the pre~qous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BO;~%D OF APPEALS Barbara C. Dittmann, Secretary By investigation and publi~ hearing the Board f~nd the following facts pertinent to the decision. This is an application for three (3) single face billboards, located on the north side Main Road and~East'side Factory Avenue, Mattituck, New York, on land of DriscOll. The billboards are twelve feet by twenty-f~e feet (12' x 25') each, totaling 900 square feet of advertising area. The maximum size sign permitted anywhere in the Town of Southold is six feet, six inches, by twelve feet, six inches (6'6" x 12'6"). The billboards are primarily used for National Advertised Products. This is a Business Dis~rict. This sign site is bounded on the north and east by Bethany Cemetary. Route 25 is one of the heavily travelled main arteries leading into the Town of So~thold. A ~ornell University Study Survey published in 1967 indicates 82% of the visitors to Southold Town were attracted by the physical character and rural at~sph~r~ ~ the Town. In April, 1957, the ZoHing Ordinahce Prohibf~ed b~f Premises advertising. In bur opinion t%~ years is' more than sufficient time to ~ermit the liquidation of a non-confoYmlng use; no~ Ks the Bo~r'd~bound by contracts made by the applicant.' Ten years experience of ~he Board of Appeals indicates then~jority Of residents a~p~ring- before the Board ~ndthe Civic Associ%tion cons~ider Off p~emiSes billboards to be aviol~tioh of th~ letter and spirit of the Ordih~nce. Benefit to the public is deemed of greater im~ortanc% than detriment to the applicant. Investment of the applicant is slig~2c,ompared to the detrimental effect of t~e billboard signs on ~~ property values and encouragement of the residential us~°~rty. Route 25 is a two lane highway, heavily travelled, a~d~ ~r opinion large signs distract motorist and increase the traffic hazard. In considering the above the Board determines that the Use will prevent the orderly and reasonable use of adjacent properties, or of properties in adjacent use districts; that the safety, the health, the welfare, the comfort, or the order of the Town will be adversely affected by the proposed use and its location; the use will not be in harmony with and promote the general purpese and intent of the Ordinance; that the character and probable development ofuses in the district will be adversely affected; and that the conservation of property values will be adversely affected. Therefore, it was RESOLVED that Suffolk Outdoor Advertising Company, Inc., Riverhead, New York, be DENIED permission to retain three (3) single face billboards on the property of Driscoll, located on the north side Main Road and east side Factory Avenue, Mattituck, New York. Said signs shall be removed from the premises by October 11, 1967. FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. ¥. FINAL ORD£R TO REMEDY VIOLATION Date . .J~X1.'t~. 10 19~7. TO ~%~.~W. ~wl;t, en ...................... (owner or auth(~rized agent of owner) .. RFD. 1 ~. ~x. ~OA~. g~tcho ~ ,..~. X.. (address o[ owner or authorized agen~ o[ owner) PLEASE TA~ NOTICE there exists a violation Zon~ng Ordinance Art III sec 3~ - 10 & Ar~ .X sec .10~2.. Other Applicable Imws, Ordinances or Regulations ................ a~ premises hereinafter dcsmqbed b~ that all .~ads~e .si~s~..b~lboards, ..... (state character of violation) d~c.t~O.~!..8!.~S .e~ mgiC..bo..ap~.ro~ed, by the..~ of..Avneals. ~r... in violation of~t. I ~ lOC~ .l~.Ar% .I.It. ~,~ ~3~te.).~d,!ng. (State section or paragraph of appHeabie law, m'dinanc~ or regulation) YOU ARE iHL~{ ~. DI~T~D A~D ()RI~ERED to comply w~th the la~v and to rem~y ~he ~onditions abow· mentioned forthwith m or beforc the day of ..... Jan~ ........ 19. ~. The premises to which this ORDER 'FO REMEDY VIOLATION refers are sitoaled at Cutcho~ , ~/~.~ .~. ~ E/SUgOIIO-~ Coun,y of Suffolk, New York. Failure 1o remedy thc conditions aforesair] and to conlply wilh lhe applicable prowsions of law ma5 constitute an offense punishable by fine or imprisonmcn~ or bolh. ace notice dated April 15, 1966 ( appears 2 billboards on premises) Building Inspector FORJVI NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMI~NT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. FINAL ORDER TO REMEDy VIOLATION Date ........ ,lanllal.~.. 10... 196~ TO .(J0~I. .J~ei[enski (owner o,' a~(~r'i~jj ag~{~' ~)i. '(;~v~'e'r') .... (address of owne,' or authoHz';~ ~'~j~; ~'J(vn'er) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Irt I {co 1~2 Other Applicable Luxes, Ordinances or Regulations .... at premises hereinaIter described in that ~!1 ~adside sl~ns~ billboa~ss (slalc charactpF of violation) dt~tlo~d it~ .Itc. m~,t b~ .ippro~ ,by.th~. ~a~.o~ .~peal~ ..... or..remov~.d m vioianon of Art X sec 1002 ~lldlnl ~on~ o~ce (Slate section or paraarap~ of applicable law, m'dmance or re~ulaiion) YOU ARE THEREFORH I)IRF~TEI)AXD ORI)ERt,;I> lo compl~ ~ith lhe hiw and to remedy the conditions above mentioned forthwith in or before the ~ day of ~.~, 19 (~. The premises tt~ which lhis ORDE, R TO REMI~I)y VIOLATION refers are situated al II/$ ~l.n .Bd,~ F~no.:~ {Llll+ I.~lltChoglle~County of Suffolk, Now York. Failure to ~emedy lhe conditions aforesaid and to comply with the applicable provisiqns of law may conslilute an ofhmse punishable by line m' imprisonmen! or bolh. see notice dated April 15, 1966 ( 2 billboards on premises) Building Inspeclor FORM NO. S TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. ~ TO REMEDY VIOLATION Date ........... J~nuary...10 .... 19.67. John Bouchor Sr & TO . ll~e. J~olll~-hel~ .]~s~,8[e ............ (owner or authorized agent of owner) .... l~tl~k~..Ii. ~.. .................. (address of ownel~ or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation Zoning Ordinance ll~'t X sec '1002 ................. Other Applicable Laws, Ordinances or Regulations ................. at premises hereinafter described in that A~. :r'o&d~idt~. s:l. gll~. hillbo&rdst. {state character of violation) di~ectiona[ .signs..otc .must..be. approved, by. ,tho..Board. of..Appeals ...... OT' l~e~oYed .................................................................. in violation of . A,~t. X..~oc. 1002 ·. Bllt:Ldl,~.g- · ZOne- 0xxtinan~e ................... (State section or paragraph of applicable law, m'dinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED lo comply with the law and to remedy the conditions above mentioned forthwitb in or before the · 28 .............. day of ...... il~nu~ 1~ ...... 19 The premises to which this ORDER TO REMEDY VIOLATION refers are siluated at 81g~ .I~iB'-R~d, ~at.tltuek ..... Couniy of Suffolk, New York, Failure to remedy thc conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. see notice daSed April 15, 1966 (Two billboards or, promises) Building Inspector FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK°S OFFICE SOUTHOLD, N. Y. FIEAL ORDER TO REMEDY VIOLATION Date Jl~"ll~ . ]J3 .... 19.6~. TO ~agg Dri.se.O!l a ~no (o'~vner oF aulJlorizt'd agcl/t oJ owI1Cl'} 7~19...~ ~ne. ~e~a~ 27,.~.Y. (address of o~ner or authorized agent of o~vner) PLEASE TA~ NOTICE there exists a violation ~mling Ordinance ~ X 8~C ~00~ .......... {)lhe~ Applicabh~ I.axxs, Ordinances or Regulations at premises hercinafler described m that ali .rO~S~O (state character of violation) d~gIo~l al~na ~te must .~,~¢rov~d .by the .~a~. of Ipp~Is .or · in violation of . ~t. X soe Z002 · · BUli~ ~g., z~e o~.~e~- , .............. (State section or paragraph of applicable law, m'dinance or r~gulation) YOU ARE THEREFORE DIR~TED AND ()ItI)EREI) to comply wilh the law and rem~y the conditions above meniioned forlhwith m or before the . ..~8 ......... day of ~ 19 .6~. The premises to ~hich this ORDER TO REMEDY VIOLATION refers arc situated al ~. ~.& .F~goxy AVov ~t-$tuok~ ('ounty of Suffolk, New York. see notice dated Apri~ 15, 1966 ( ~ billboards & ltOadsiae sign on premises TOWN OF SOUTHOLD BUILDING DEPARTM]~NT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. ORDER TO REMEDY VIOLATION Date ......... ~'~nl~a,F,y 10.. 19.67 TO .LG3.1. YOUn_~ ........................ (owner or authorized agent of owner) (address of owner or autho~zed agent of o~vner) PLEA~ TA~ NOTICE there exists a violation o[: ~qning Ordinance ~ ~ ~ ~00~ ............. Other Applicable Laws, Ordinances or Regulations ............... al premises hereinafter described in that ..~ (state characmr o~wmanonl al~. etc. must. b~ · app~v~ .by..t~ ~a~. o~. ~ppelas- .or..remov~ .... (State section or paragraph of applicab[e law, m'amance or regmation) YOU ARE THER~OHE DIR~T~ AND ORDERED to comply x~ith the law and rem~y the conditions above mentioned forlhwith in or before the .... 28 ............ day of ....... ~ ........... ]9.6~.. The premises to which ibis ORD~ TO REMEDY VIOLATION refers are si{uated at ~,] .~..~. ~. L.I+R.R. ~. ~u-uel County of Suffolk, New York. Failure ~o remedy the eonditions aforesaid and Io comply with 1he applicable provisions of law may conslitule an offense punishable by fine or imprisomnent or ~th. lee notice dated April (2 billboards on .~remtsas) Building Inspector January 24, 1967 ~ir. rtowa~ lerr3 Building Inspector I7o~ Clerk's Office Southold, New York Dear Mr. Terry: Pursuant to the request of Mrs. Lois Young, you will find enclosed copy of a letter today written to the Suffolk Outdoor Advertising Co., Inc. Very truly yours, Clyde ~oc kef TOOKER,TooKER & Es$~Ks January 24, 1967 Suffolk Outdoor Advertising Box 624 Greenporc, Xew York Co., Inc. Dear Sirs: Mrs. Lois Young has received from the'Building Inspector, Town of Southold, a letter dated April 15th, copy of which is enclosed, in regard to signs on property leased to you. She contacted you and you said you would take care of this matter. However, nothing was done and on January 10, 1967 Nrs. Young received Final Order to Remedy Violation, copy of which is also enclosed. This is to make formal demand that these signs be removed, or approved by uhe 3oard of Appeals, on or before the 28:h day of January, 1967. Very truly yours, Clyde Tooker CT/es Encls. 'roqvN OF ~OUTHOLD Bu~t. DI~G I~EPAR~ TOWN CLF. Jt~'S OFFICE ~3UTHOLD0 N. Y. ORDF. R TO RE~EDY VIOLATION (owner or authorized agent of owner) Jmm~t~..lO ......... 19~y. PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ~ · IO~ ],002 ...................... Other Applicable Laws, Ordinances or Regulations .................... at pr~mises hereinafter described in that ~.1~.' I"Ol~l~' {l*Srl~l' 'l~l' '~'~' · "1~0' '~l~' ~'1 ...... (state character of violation) d&lq~loeml..Itlno. ~md, .obi, ."of.f. ~ *~'~ '~ 'A~s' o~. ~0 .......................................... in v~ti~ of . ~.. X. ~. 1~. ~. ~ .0~1 ................... (State seclion or paragraph of applicable law, ~din~ce or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith in or before the .......... .~.~ ........... day of ......... Jli, i~lllu~r .... 28 .... 19 6~-' The premises to which this ORDER TO REMEDY VIOLATION refers are situated at · ~. ~11.-I~.~. O~.~Ot~lO0 ....... County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions law may constitute an offense punishable by fine or imprisonment or both. IICI,8 Building Inspector 1. Jl/8 I{aln Road (RT2~) ~ L.I.R.R ,Laurel 2. a/B J4aln Rd (I{T2~) & Old Boad, L~urol 3* I/8 )lain Rd (RT2~) & ~/fJ F&e'tol'? Ave ~.. 8,;~' Jqatn Road RT2~t Hattttuok 2 billboards - land of Young 2 billboards .land of Hu/slng .% blllboardo - land of Dl, toeoll 2 blllboardo - land of Bouohor 13. ~/8.)tatn Road (RT2~) & 8/8 Io~'th ] t (:R~&) g Traffic ctrel®o , 3 b411bo&rds & Nttehell RoB' aurant roadside sign ~ ~ t~-~.~ January 12, l~? Suffolk Outdoor Advertising Co Ine Main St 8outhold, N.Y. Gentlemenl X found a note that you had called requesting a change in the notice of violation on your migneo If you will mend me a letter advising what you wi~h ohan~eA a~d return the notice with same I will try to make the correction if Yours t ru~ly poesible. Building lnapeetor NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. ORDER TO REMEDY VIOLATION Date ........... ~'~ ~J' ..... ~) .... 19. ~ TO . .]~l[~th~. ~ tr}g ..................... {owner or authorized agent of owner) ·..8.~.16...Pa~k. Lan~. ~uth~. l~oo~l~¥~n ~ lq. ¥ o (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation o[: Zoning Ordinance ~ j[ ,CO 1002 ..................... Other Applicable Laws, Ordinances or Regulations ................. at premises hereinafter described in that t~O..~l.l.tll~ardxtL. .~ .ally_-oKh~l' .... {state character of violation) roadside..siVa,v .d&reotional..sl.~a~ eta. on.your .prealee,..must- be .... &pprove{l..ll~y .the .Board..off..Almpea-la. or' .removed ............................. in vi,olation of Ar.t. :~ .,ell .1(:~102. ~LIJ~.d~ · Zoll~ .erclin~nee ................... (State section or paragraph of applicable law, oTdinance or regulation) YOU ARE THERE, FORE DIRECTET)AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith in or before the .... 2~ ............. day of ....... Jal)uarT ........... ]9 ~,?.. The premises to which this ORDER TO REMEDY VIOLATION refers are situated at · 8~8. ~.~]Jl .~.d..¢~,~). &- 011~..~,1~ ..... Count>, of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or itnprisonmenl or both. ~e notice dated April l~v 1966 Building Inspector q 14~. How~.rd ~ ~!lcl~r~.~ Inspector, To~n o? Town Clerk's Office. Southold, Dear Rt.' Terry, A for~ ~o. 5 re~.ardgng a Bitlboar] Vie~&%io~ . · ~.hich was si~e,~ by w~u ~n~ d~d Jan. L~th 19~7, bv ~ o~ Jan. 2~t~. The f~utbold ~t Ore, ce envelo:~ ,h~,d the date, 'Jan. ?7th'. The l~nd o~ w~ oh the qill~s ~ e~c~ i~ le'~Red ~ the ~ffolk ~ '.~oor A~:vertising Co., Inc. I ~*as ~dvi~<i ~ ~. '~ith~'rs~oon, ~'~i~,ent ,," the Oo~y~ that 'or nn', ~olatio~ an,; q~ th~ l~d o~ler. ~an~r7 31, 1967 ~artha Husing 85-16 Park Lane South Woodhaven, ~.Y. Dear Miss Huslng~ Received your letter of Jan. 30~ RE I Suffolk Outdoor Advertizlng Co billboards. Please be advised that you are now Ln vi~:lati~;n as '~'ell as the advei'%izing company for not removing t?;~ bl!~boards as ordered in the notice sent out last s' ring. The company is giving land owners false information as to their responsbillty in this matter. ! am in the process of getting warrsnts f~r the arrest of both sign owners and land owners at this t~me~ for those who have not made application to the Board of Appeals or ~ho have not removed the signs. Yours truly \ Building Inspector LAW OFFICES WILLIAM WICk(HAM MATTITUCK,LONG ISLAND February 8, 1967 Mr. Howard Terry Building Inspector Town of Southoid Town Clerk's Office Southold, New York Dear Mr. Terry: We enclose a Xerox copy of agreement betweon Suffolk Outdoor Advertising Co., Inc. and Martha C. Husing pertaining to the advertising signs on Miss Husing's property. It is our contention that, since the lease provides that these structures remain the personal property of the tenant, the landlord has no control over them, providing terms of the lease are met. it is our further contention that under Section 1012, your action should be taken against the tenant alone since the owner in no way "~now- ingly commits, takes part or assists in any such violation or who maintains any buildings or Very cordially yours, of I~ouna '~n front ot Iota a~tv&te at or near the and State of ; ot ltox 624: tAe witl~ the axclusive right to place, ercct' a,~d maintain thel right to ~,e s~ff.tcient space tn the i'ear .: said sir?~ fo~ Plac~l 3u~port3 or DF~C08 /or"tne a ov,~ n~d sii, n n~ru:;tt 0 on such structures, and may use the leased prem!ses for stora~,e, purposes. All structures, equipment and ~ater]als ~lace~ said premises by the ~enant s~ll ~ways re,lain the ~,:~,'m~: ly of~ and ~y be re,~oved by the ~en~t at ~,y ttm~ ori<,~' ~. within a reachable tt.~e ~fter the expiration,,oi' t:e tcr~ hero,of ~ ~y extension or rene~l periods the~of, Tho ~rd represents and warrants that ~e is the authority to is this lease ~d coverture that he u'ill not ~rmit ay adJoinint ~eatses, o~ed or cultivated by hia~ to be used for adveriisin~ p~poses ~ pe~it Te~t~s ~t~na to be obst~cted, The Tenant ~y c~ncel and le~tnate t~is lease at ~y tine upon thirty (30) days notice in ~ltin~ a~drossed to the ~ndlord at his ~st kno~ addr=es~ and the Landlord a~=~ to refund ~o T~nant on de~ the pro rated rental f~ the unexpired ter~. The ~dloN rese~es the ri~t to terminate t~is leas~ [ivtn~ thirty (~0) day~ notice in ~it!na by ~iste~d ~ail the qenaut in the event thai the Landlord iml~roves the pre=ises by erectin~ a ~anent, r~ubstantial b~=ildintI thereon, requirin~ re=oval of th~ qen~t's st~ct~e~ and ~th ~.~ch expiration da~e f61' ~h~ u~xp~led ~. Termination of l~a~e insoch eVent~ ho~ever~ shall be eft'ective only in the event that co~ences the erection of st~ch pe~nent an~ substanti~ on tt'.~ leased premises ~t~n ninety (90) da,,s after tls liivin~ of such notice, othe~se the lease sh~l not be deemed temr. inated by the aforesaid notice. i/ .... _ -3' 'It ia expressly understood and acreed that neithcr t:,z L~- lord nor the Tenant is bound by any stipulations, or agreements not printed or written in this shall inure to the benefit of aad sh~.l. 1 be bindin~ u:, the r:;,:~vac- tire partiesm their heira, distributees, porsonal re,ru'esontaiiva~ eu¢ce$8or8 ~nd m$eigne, Accepted! SUFFOI~K OUTDOOR )1 / /:-/~ // ~ ,A'~-'~.:~ :;.,:/_,::a.,;.~,.~ _, .... LAW OFFICES WILLIAM WICKHAM MATTITLJCK, LONG ISLAND NEW YORK 11~52 February 5, 1967 Suffolk Outdoor Advertising Co. Main Road Southold, New York Gentlemen: Miss Martha Husing has consulted us regard- ing your two advertising signs on her property on the south side of Main Road. She is in receipt of a final notice dated January 10, 1967 that the signs must be removed or approved by the Board of Appeals. We believe that your failure to take the necessary action to have these billboards approved constitutes a violation of your lease and we, there- fore, demand that you remove them within fifteen (15) days. We will, of course, give permission for you or your agents to remove the signs, but any other employees of agents of yours entering on the premises for the purpose of putting up new signs will be considered a trespass. WW/as Very cordially yours, ./ IPORM NO, $ TOWN OF SOUTHOLD BUILDING DEPAR~T TOWN CLERK'S OFFICE SOUTHOLDo N. Y. ORDER TO RF. LM~DY VIOLATION Date ................ .~.~.1~,1~... ~,0... '19.67. (owner or authorized agent of owner) ... ~a'~ai~r~. #.,¥, ..................... (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ~ 2[ SOO 1.002 ...................... Other Applicable Laws, Ordinances or Regulations .................... at premises hereinafter described in that ... (state character of violation) d .l.~..~..t~gn.al..s.t.. i~..m' .o.t,..e..m..u.s.t...~... ~.1:, .~.v~.cl. b~. ]~,r~. or... ~l~eO3.s..oz'. x-emoved in violation ofl, l;'.~. .~.. ~.~.Q. ,~002...J[~il,l.d~. ~0110..Ol'dJ.l~llOO ...................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to eemedy the conditions above mentioned forthwith in or before the ............ ~m8 ......... day of .......... ~..~lS{,l{~.l~. ..........19.6~. The premises to which this ORDER TO REMEDY VIOLATION refers are situated at .[{~,~. ,~d..(PET.2~).~. (I.~OOI~]:)O~.~,~ ....... County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. see notioe dated Aprll 1%, 1966 (2 billboards on premises) Building Inspector F. ebruary 21. l'~67 buffolk Outdoor AdvertLsmg Company Southold, New York Gentlemen: V~e have been advised by the '1 own of Southold that your sign erected on our pro.petty is in violation of certain town ordinances. They have suggested that perhaps because these signs might have been erected before the ordinanceswzs enac~d, exception could possibly be made if application were made for exemption. Would you kindly contact Mr. Howard Terry and find out the correct procedure. Very truly yours, liaroIa .teese ~ :gcd CC: Mr. Howard 9'erry SCHEDULE OF SIGN SITES 1. N/S Main Road (Rt25) at L.I.R.R,~ Laurel 2 billboards - land of Young 2. S/E Main Road (Rt25) & Old Road, Laurel 2 billboards - land of Huising 3. N/S Main Road (Rt25) & E/S Factory Ave. 3 billboards land of Driscoll 4. S/E Main Road (Rt25) Mattituck 6. 7. 8. 9. 10. 11. 2 billboards land of BoucherEst N/S Main Road (Rt25) W/S Manor Hill 2 billboards land of Begenski S/S Main Road (Rt25) N/S Main Road (Rt25) S/E Main Road (Rt25) E/ Eugene Road 2 billbeards - land of Frezuleski or Ahlers Southold, 2 billboards - land of Witherspoo, (19 & 20) Arshamomaque 2 billboards - land of Reese W/S Main Road (Rt25) Arshamomaque 2 billboards - land of W. Price N/S Old Main Road, Greenport 2 billboards - land of "King Greenport Assoc." or Pell % E/S Main Road (Rt25) & S/ Champlin Place 2 billboards - land of Witherspo6~ © 0 .C]OLJTHOLD- PE:OONIO OlVlO AB~OOIATION, SOUTHOLO~ LONG ISLANO, NoY. 11971 lNG. 1987. 8o~%hold Town BoLrd of &ppoalo, So~thold, Now York. Public heariags by Zm~h~g Board of Appeals- June 22nd, 1~67 - Individual hearings l~sted fr~n 8~00 ~. M. thru 10~00 ~. M. Gert t lemon ~ The 8~uthold-Peoe~io Oi~o A=seolation, Ins, ¥ishes te reaffir~ their otan~ on t~e law ~hich weald eliminate billboards a~A other illegal signs. ~e believe these signs ~re deteraental to the beauty, at%raotiveness a~d general welfare of the oeo--miry. Therefore, the ~e~theld-Feoc~lo Oivie A~sooiatie~, Ins. wishes to state its oppositiaw to exooptic~s to the law which would per. it the oonti~uanoe of these signs. Very truly yours, AED~mpl "WHAT'S GOOD FOR 8OUTHOLD AND PECONIC I8 GOOD FOR EACH AND EVERY ONE" The o~ly kimd of advertisimg aig~ mpecifica&ly authorized by the ordimaace is & sigm advertising buaimesa comducted om the premises om which the aigm ia maintained. Thia would seem to ildi- cate an imtemtiol to prohibit amy advertising sigm which doom mot advertise business conducted ca the premises. The five yea~m allowed by the 0rdimamce for removal of mom-comformi~g sigas expired five years ago. Am~ome wha ham comtim- ued a mom-comformimg alga without a special exceptiom has bees defyimg the 0rdimamce for five yearm~ amd clearly ha~ forfeited ~ amy claim to further imdulgemoe. Amyo~e who ha~ comti~ued a lo~- comformimg siga purauauut to a special emceptiom has had ample time to comply with the 0rdimamce amd meeds mo further i~dulgemoe. I believe that the principal purpose of a special exceptiom im to relieve am owaer of real property from umdue hardship resulting from &pplicatio~ of a partic~lar zoning restrictioa tc his real property. BUt here, the &pplioatiom ia mot made by the owaer of real property involved. ~,~ar will the owner of the real property muffet amy hardship if smother mama billboard is removed fram his propert2. ~ uaderstamd that there are certaim things which the Board of Appeals mu~t determine before it cam gramt a special exceptiom im amy of theme cases. 0me ef theme is that comtimued ume of the billboard =will be im harmomy with and promote the gemeral purposes amd i~temt of this ~rdima~ce." I rempeotfully do not aec how the B~oard cam determime this ai~ce the clear imte~t of the Ordinance ia to elimi~ate ~ billboards. Amother thing that the Board must determine im" the a&fety, the health, the welfare, the comfort, the co~vemie~ce or the order of the Tow~ will mot be adversely affected by the proposed use.~ I respectfully do Lot see how the ]$oard cam determime this. Continued page Two Page 1 of 2 Southold Tow~ haa a right to demy the uae of billboards aa adverse to ita best iLterests amd welfare. It ca~ be mhow~ tha~ the uae of billboardm mca~ amd blemimh & la~dsoapeo Southold haa decided te promote the attractiveLeam of ira countryside for preae~t amd future well being amd developeme~t. I do ~ot aec how the Board ca~ gramt special exceptions for acme billboards without gra~ti~g apecial exceptiomm for all. To de this, however would be to assume power to Lullify oLe of the purposem of the sig~ pro~viaiomm of the Qrdi~aLce. I rempectfully muggeat that the Board ham Lo much power It ia requested that the Board pleame receiwe this mta%emem% aa am objectioL iL each of the billboard camem. page 2 of 2 FOItM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ...................................... , 19 ........ Approved ........................................ , 19 ........ Permit No ................................. Application No ............................. Disapproved a/c ............................................................................................ (Building Inspector) APPLICATION FOR "..%::"..2.:,~4C. PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in pa rt for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to cornply with all applicable laws, ordinances and regu_lations. S OU OR ERT ING ~, I~NC (,~/(~gna~ure at o~icant, or name, if a corporation) ........ ........................................... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. lessee Name of owner of premises as set forth in anne×ed schedule If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ............................................ Lot No: .................... Street and Number as her annexed schedule . Municip~iity ........................................................................ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....o...u..t;.d...o..~..r.....a..d..v.c..r..~i...s.~..rt, g ........................................... b. intended use and occupancy outdoor advertising O 3. Nature of work (check which applicable): New Building .................. Addition .................. Alteratio~ ............ Repair .................... Removal .................... Demolition .................... Other Work (Describe) ........................ 4~ Estimated Cost ............................................................ Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units .............................. Number of dwelling units on each floor ............................ If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature .and extent of each type of use ................................ 7. Dimensions of existing structures, if any: Front .......................... Rear ..........................Depth .............................. Height ............................ Number of Stories Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth ............................ Height ................................ Number of Stories ........................................ 8. Dimensions of entire new construction: Front ................................ Rear ............................. Depth ............................ Height ............................ Number of Stories .................................. 9. Size of lot: Front ................................ Rear ............................ Depth ........................................ 10. Date of Purchase ........................................................Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ................................................................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation? ...................................................... 13. Name of Owner of premises ........................................ Address ............................................ Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly oil buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, ) COUNTY OF ..... S~.OLK ...... ) S.S. .3'., A, Jzd]~N-~TFF, ................... being duly sworn, deooses and says that he is the applicant (Name of individual signing application) ' above named. He is the .................... .o...o..z'.]?..o..z'..~.~...e....o...f.~:..i..~...e..z.. ....... i.~C'. ........................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to oerform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth Jn the application filed therewith. ixlor .......... L... Court Signaturo of op~'iicant) ................... 0 C TOV~N OF SOUTHOLD, N~V APPLICATION FOR SPECIAL EXCEPTION TO THE ZONiN,G BOARD OF APPE&LS, SOUTHOLD, N. Y. SUFFOLK OUTDOOR ......~¥....~_.T!..S..!.!~..C...O....,.~._%.N.~.._ ................ of ................................................................................................................... Name S~eet and Number Kiverhead New York Municipality ~tate hereby apply to THE ~OIYING BOARD OF APFEALS for a SPECIAL EXCE-~I'ION in accordance w~th the zom/N~ OR~N~OE ARTK~-~ IV SECTION 408 (a) T~E SP~C~L EXCEPTION ~ RE~LrF~I'a~3 BECAUSE said signs are maintained in the ordinary and regular course of business of Suffolk Outdoor Advertising Co., Inc. That said Mign sites are leased from or exist with the consent of the various owners of the lands upon which said signs are main- tained in the ordinary and regular course of outdosr advertising conducted by the company. That rents have been paid in advance for said sign sites, and denial of permits to maintain same would cause great hardship to the company, in addition to the loss of moneys heretofore paid~ future income and property loss. That annexed hereto is a list of sites designated by the Building Inspector as requiring permits by Special Exception under the Southold Town Zoning Ordinance. That upon the hearing of this application the leases and consents pertaining to the sites set forth in the annexed s~hedule will be referred to the Board for their review and approval. SUFFOI~K OUTDOQR ADVERTISING CO., ~INC. ~ _._~of ........ ~. ........................ ~..,_~.z ....... ,~,, -.-,~-~.~-- .,-:..~ ....... L~ ....................................... ::::: ..... FOR.,M ZB2 Road Ot~2~) ~ L.I.IL.~,, Lourel ! billboards o lend of ~ 3 billboerds - Lsnd of ~ ~ billbolrd~ o ~ of ~ ~ billbolrds - lind o! Jepldt