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HomeMy WebLinkAboutZBA-12/18/1958 APPEAL BOARD k4E~BERS Roberf W. GilJlspie, Jr.~ Chairman Roberf Herberf Rosenberg Charles Gregonls, Jr, S~rge Doyen, Jr. SOUTHOLD, L.I., N.Y. Telephone $O 5-2660 MINUTES Southold Town Board of Appeals December 18, 1958 A regular meeting of the Southold Town Board of Appeals was held at the Town Cl~rk's Office, Southold, New York, on Thursday, December 18, 1958, at 7:30 P.M. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, Herbert Rosenbsrg, Charles Gregonis, Jr., and Serge Doyen, Jr. Als~ present: Mr. Howard M. Terry, Building inspector. PUBLIC HEARING~ Appeal No. 125, application of New Suffolk Shipyard, Inc., for a special exception in accordance with the Zoning Ord~n-nce Article III, Section 300, Subsection 1!, for permit to enlarge advertising sign on lamd ef Suter on the s~uth side of Main Road, west of M~nor Hill, bounded north by Main Read; East by District Line; South by New S~ffolk Ave.; West by L~st Avenue, New Suffolk, N.Y. Chairman opened the hearing by reading application for special~ception, notice of disapproval issued te applicant by the Building Inspector and legal notice cf hearing with affidavit attesting to its publication in the official newspapers Chairm~- read letter from Mrs. Alma Suter giving permission to New Suffolk Shipyard to have an advertising sign cn her property. Chairman: "Is there anyone present who wishes to speak for this application? Mr. Suter: "I will". Mr. Rcsenber_~: "As we understaztd it, this was a single face sign?" Mr. Suter: "It was a single face sign, then we attached a wing facingeast Southold Town Board of Appeals -2- December 18, 1958 (Mrm. Surer) We wish to ~.intain it and have applied for'~the maximum z~ze to avoid further difficulty if the size is changed° The present sign is about 5'x 10', the wing is probably 2'X4'o Mr. Bergen: "Is it your intention to replace the present sign with a larger one?" ~fm. Suter: "No, the original sign will remain the same. The wing may cb~_nge depending on what the manufacturer sends out. It will not be larger than permitted." Mr. Terry explained a "V-back sign" and a"hack to back sign." Mr. Gillispie read specifications for business advertising signs: "We have arrived at the general requirements for signs, as follows: 1. Applican$ must present letter of permission. 2. The location chosen by the applicant for the sign must meet with Article 8 of the Zoning Ordinance, which contains the general conditions under which we can grant a special exception. 3. Purpose of the sign must be directional, in the public interest and convenience. 4. The number of signs permitted for a business must be reasonable as determined by the Board. Mr. Gregonis: "How many signs does New Suffolk Shipyard have in the area?" Mr. Suter: "Just the two we are applying for - oh, no, there is a small directional sign at the end of the lane." Mr. Rosenberg:"This sign is twice as large as the m~ximum, but the sign has existed." Mr. Gillispie: "The thinking has been here that any advertising of products are undesirable; that while the thought is not to put people out of business, the advertising of a particular product such as Chris Craft, or Outboard Motors, etc., would be against what we have permitted in the past. We feel that the emphasis should be on New Suffolk Shipyard, with a directie,ml arrow, and smaller print - Chris Craft, or whatever products desired." Mr. Rosenberg: "In view of the fact that double faced signs are permissable, and the way the sign is angled, maybe the best solution would be to permit duplication on the opposite side." Mr. Suter: "That is all right with me." Chairman: "Is there anyone who wishes to speak for or against this application?" No one wished to speak for or against the application° Resolution offered by ~. Rosenber$, and seconded by Mr. Bergen, Whereas thea~plication of New Suffolk Shipyard, Im~, having been considered at Public Hearing No. 125, on December 18, 1958, and the Board finding that strict application of the Ordinance would produce undue hardship because sign is non-conforming and the business is not near the road. The situation is unique also because the business is not on the road. The public convenience and welfare and Justice will be substantially~erved ~nd the legally established Southold Town Board of Appeals -2- December 18, 1958 or permanently ir~ured and the spirit of the ordinance would be observed. Be it RESOLVED that special exception for permission to change New Suffolk Shipyard sign on the Suter property, south side Main Road, to obtain two faces, neither of which is larger than the present west~Ace~ is granted. This sign must emphasize advertisment of New Suffolk Shipyard., Inc. with directions, and in ~maller print, the Chris Craft, or other produc~s. Vote of the Board: Ayes- Mr. Gillispie, Mr. Rosenberg, Mr. Gregonis, Mr. Bergen and Mr. Doyen. PUBLIC HEARING: Appeal No. 124, upon application of New Suffolk Shipyard, Inc., for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408 and Article VII, Section 703a, for permit to use advertising sign already constructed en land of John Boucher, south side Main Road, west of Mattituck Village, bounded north by Reeve Bros.; East by Creek; South by Sutter; West by Main Road, Mattituck, N.Y. Chairman read application for special exception, notice of ~isapproval issued to applicant by Building Inspector and legal notice of hearing with affidavit attesting to its publication in the official newspaper. Chairman read letter of permission signed by John Boucher. Chairman:"Is there anyone present who wishes to speak for this application?" Mr. Suter: "I will speak for this application." Chairman:"This is sort afa "V, shaped sign that we took a picture of the other day~ Wasn't there a larger sign there before?" ~. S~ter: "That is right." Mr. Rosenberg:"Actually a business sign is only permitted on your own property but it would seem to me that m sign that is a "V~ shaped sign of the type you have here, would in effect give you double coverage permitted to anyone else." Mr. Suter:"The old sign was a ~ingle faced sign a little larger than the two signs." ~v~. Rosenberg:"What would you say if you were allowed the same sign you had before, the same size, or if you wanted to make a 'V" out of it, you could have 2 "v"s ·hat would, total 50t or 6~1~ ~6x4." Mr° Suter: "That would be satisfactory." Mr. Rosenberg: "You have a right to replace the sign that you took down. You were allowed to put the sign up before zoning. "~.Rosenberg read part of the Town Law to explain to Mr. Suter. "you can put back the sign that you had, or if you t ink a ~V" sign is better, that is up to you.' Resolution offered by Mr. Bergen and seconded by Mr. Gregonis, Whereas the application of New Suffolk Shipyard, Inc., having been~nsidered at Public Hearing No. 124, on Dedember 18, 1958, and the Board finding that strict application of the Ordinance would not produce undue hsrdship; the situation would not be unique,and the public convenience and welfare and justice would not be substantially served, and the legally established or permitted use of ~eighborhood property and adjacent use districts would be substantially or permanently injured, and the spirit of the ordinance would not be served. Southold Town Board of Appeals ~3~- December 18, 1958 Be it RESOLVED that permission is denied for a "V~ shaped sign of maximum size 6 1/2 x 12 1/2; but is granted for a "V" shaped sign not to exceed on either face, 5'9 x 3710. However, it is a condition of this exception that the advertising on the sign faces or face~ must emphasize the New Suffolk Shipyard, furnishing directional information, and in smaller letter~, the advertisment of products handled and services of New Suffolk Shipyard, provided this replaces the original sign~ Vote of the Board: Ayes-~. Gillispie, ~r. Hosenberg, Mr. Gregonis, ~. Bergen~ and Mro Doyen. PUBLIC HEARING: Appeal No. 126, application of Peter Kreh, Jr., for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sub- section 3A, for permit to expand a marina located on James Creek, ~.~ttituck, N.Y. Chairman read application for special exception, notice of disap~roval issued to applicant by Building Inspector and legal notice of hearing with affidavit attesting to its publication in the official newspaper. Chairman:"Is there anyone present who wishes to speak for this application?" Mr. Kreh:"I would like to speak for it." Chairman:"Before anyone speaks, I might say that this property of Mr. Kreh's is bounded on the north by Jo Zebroski, on the East by Camp Mineola Road, South by R. $~kee; and on the west by J~ Zebroski~ Mr. Rosenberg:"How large is the property?" Mr. Kreh$"What I want to use is two acres. The entire property is 16 acres. I have a map here and wo~ld like you ~ see it." Board studied the map ~iven by Mr. Kreh. Mr. and ~rso Buckhem asked te be allowed te study the map also. Mr~ Gillispie showed some ~ictures that were taken. Mr. Bergen: "When was the dredging~ene?" Mr. Kreh: "Some was done in 195&. The house wasput in in '57." C~bairman: "You say you wish to operate the marina and propose to have a launching ramp for the convenience of the people in the area?" ~. Kreh:"Yes, I have here some pictures of what I propose te do, and also a picture of a ramp." Mr. Buekham: "I would like to ask M~o Kreh a question if I may. Would there any more buildings that you would construct there?" Mr. Kreh: "No, all I want to do is get the moorings. I would like te provide a launching ramp as there are no such facilities in the area. ~. Rosenberg: "This would be mainly for whom?" Mr. Kreh: "Private pleasure boats." ~. Buckham: "If I may address the board, I would like to say that due considera- tion whould be given to the surrounding owners especially since this is residential area o Chairman read the ordinance regarding marinas. Southold Town Board of Appeals -4- December 18, 1958 Mm. Kreh:mThis is Just a marina for people who own their own boats. This is Just for small boats. I am not figuring anything more than twenty-three feet. Mr. Rosenberg: 'Mr. Buckb~m, how far away ~uld you say your home is from this little building?" Mr. Buckham: "About 200 feet. It obstructs our view of the Bay, but of course you~an't have everything° We would like assurance that M~. Kreh has no objective in making a fishing station out of this, or in renting boatse We came here ten years before we moved this way, and of course, crowds and all kinds of boats de not tend to increase the value of our property. If I may also say that we do not oppose this but we do think that there should be restrictions on this in the event that the beard gives a favorable consideration to itc I believe one of the restrictions should be commercial fishing, and speed." Mr. Rosenberg: "Mro Kreh you know has the right to continue in this business he has the right to enlarge it and continue the business that he has heres Mr. Luckham: "Is the business established?" Mr. Kreh: "There are a few boats that I have kept there. I ~,~ve been rentin~ rowboats and I have kept them there~ Deed was read showing Mr. Kreh's right of ws~ for access to the marina. Resolution offered by Mr. Bergen and seconded by Mr. Gregonis, Whereas the application of Peter Kreh, Jr., having been considered at Public Hearing No. 126, and the Board finding that strict application of the Ordinance would produce undue berdship because Mr. Kreh wants to enlarge hie marina~ the situation is unique as it is the only proposed merina in the area, and the public convenience and welfare and Justice will be substantially served, the legally established or permitted use of neighborhood property and adjacent use dimtricts would not be substantially or permanently injured and the spirit of the ordinance would be observede Be it~ESOL~I~) that the special exception be granted to establish a marina as provided under Article III, Section 300, Subsection 3a in a residential area with mooring spaces for mooring approximately 35 boats and a launching ramp together with a parking lot in a southeasterly direction from the present structure. Services to be provided for privately owned boats under 26 feet. Subject te the following conditions: r 1. There shall be no services provided for psrty boats and~commercial operations. 2. Ne boats will be rented or leasede Vote of the Board: Ayes-Mr° Gillispie, Mr. Rosenberg, Mr. Gregonis, Mr. Bergen, and Mrs Doyen. By resolution offered by Mr. Rosenberg, seconded by ~. Bergen, minu~es of the previous meeting held December 4, 1958, were approved as corrected. Vote of the Board: Ayes- Mr. Gillispie,.~r. Rosenberg, Mr. Gregonis, Mr. Bergen and Mr. Doyen. By resolution offered by Mr. Rcsenberg, and seconded by ~. Doyen, time and place of next meeting was fixed. ~eeting to be held at the Southold Town Clerk's Office on December 29, 1958 at 7:30 P.M. ~outhold Town Board of Appeals -5- December 18, 1958 7:30 P.Mo (EoS.~.) upon application of Ruth Grathwohl, ~in Road, Cutchogue, N.Y. for a variance in accordance with the Zoning Ordinance, Article X, Section I~OOA, for permit to use as single lots property bounded north by R.P. Wirth, East by Deep Hole Drive, South by L. Cornelius, and west by Beep hole Creek, on the west side of Deep Hole Drive, ~attituck, N.Y. 7:45 P.M. (EoS.T.~ upon application of Arthur No Penny and Lucille S. Penny~ Middle Road, Nattituck, New York, for a variance in accordance with the Zoning Ordinance, Article 3, Section 303, for permit to use lo~ located on the east side of Nest Creek Avenue, Cutchogue, N.Y. 8:15 P.N. (EoS.T.) upon application of Eugene Puskarz, 22 Silver Street, New Brittain, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection l, for permit to use for multiple residence purposes building located on Madellne Avenue, Fishers Island, New York. 8:45 P.M. (E.S.T.) upon application of Southol~ Cooperative G.L.F., Service, Inc., Hummel Avenue, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1007, for permit to buy and use for agricultural service purposes all of the buildings and approximately 1.2 acres of land located at the northerly end of Robert Wo Gillispie, Jr.'s property, approximately 180 feet south of south side Main Road, Orient, N.Y. Vote of the Board: Ayes- =r. Gillispie, Mr. Rosenberg, Mr. Gregonis, Mr. Bergea and Mr. Doyene Meeting adjourned at 10:32 P.M~ Re speetfully sAbmitted Barbara M. ~ndrade Secretary