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HomeMy WebLinkAboutZBA-05/08/1958 APPEAL BOARD MEMBERS Robert W. Gilllspie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. SOUTHOLD, L.I., N.Y. Telephone SO 5-2660 MINUTES Southold Town Board of Appeals May 8, 1958 A regular meeting of the Southold Town Board of Appeals was held at 8~00 P.M. on Thursday, May 8, 1958 in the Town Clerkts Office, Southold, New York. There were present~ Messrs. R. W. Gillispie, Jr., Chairman; Robert Bergen, Herbert Rosenberg, Charles Grigonis~ Jr. and Serge Doyen, Jr. Also present: Messrs. R. W. Tasker, Town Counsel and H. M. Terry, Building Inspector. Public Hearing. Application No. 57, dated April 25, 1958, of Ralph Quinton, 424 4th Street, Greenport, N. Y., for a Special Exception to the Zoning Ordinance, Article 400, Section 408. This exception for the erection of a sign on East Side of Route 25 (Arshamomoque), Greenport, N. Y. Chairman opened the hearing by reading application, legal notice of hearing with affidavit from the Long Island Traveler-M~ttituck Watchman attesting to publication in that paper and letter to applicant advising of the date of public hearing. Chairm~B: Is there anyone present who wishes to speak for this application? Is Mr. Quinton here? Mr. Quinton: Yes sir. I believe that I have stated in the application you just read, to the best of my ability, the reasons for the sign.and I haven,t any- thing further to add at this time. Chairman: Is there anyone present who wishes to speak against this application? The Chairman then read letters from the following people in protest against the granting of permission to erect this sign: ~s. Leonard W. Proctor, Leo Roon, Anne B. Collier, Ann H. Currie-Bell, Henry Lytle, President of the Southold- Peconic Civic Association and Kay Terry Salmon. Chairman: If there is no one else who wishes to speak against this we would now permit Mr. Quinton to speak in rebuttal. Southold Town Board of Appeals May $, 1958 NINUTES. Continued Mr. Quinton: I Would like to point out at this time that I am as much against signs as anyone else in this room. In fact I would like to see an ordinance which would prohibit all signs along our highways and would be very much pleased if such an ordinance was put into effect tomorrow because theft ordinance would apply to all business men. Right now we have an ordinance which is applicable to new people trying to get established in business in the area. We are being discriminated against by this ordinance as we have it now. A lot of people who have established businesses along here have many many signs along the highway and these have been here a good many years. My one point in asking for this sign is to be ableto continue in business and to be on even terms with these people who are in fact my competitors in the real estate business. As far as the special preference is concerned, I had no knowledge of the sizes of the signs to be put up. I ordered the sign last Fall and have documentary proof to show this. The only exception I believe is that you might give us perhaps 6 or 8 inches for a variance of the signs permitted by the present ordinance. I only ask that I be given the same treatment as you give other realty people here and I believe as a citizen and taxpayer I have the right to desire that treatment. Chairman: Is there anyone else who wishes to speak? There is only one point that I might make Mr. Quinton. This sign was ordered last Fall and last Fall we had portions of the Ordinance that applied to signs too. Mr. Quinton: Were they published? Chairman: Yes. The only reason I mention this is that this sign would have been illegal before the Ordinance was amended. We are going to hold up decision on this application until later this evening. This is the first application for a special exception under the Sign Ordinance but I would forewarn you that I think it will be an ,m*avorable decision as far as you are concerned. We want to discuss it a little more among the members of the Board and you will probably have your answer in the mail iu a few days. Hearing closed. Public Hearing - Application No. 60, dated April 28, 1958, of Hampton Homes Construction Co., A/G James Hughes, Montauk Highway, Hampton Bays, New York, for a variance to the Zoning Ordinance, Article III, Section 307 and Access under Section 28Oa of the State of New York Town Law. Chairman read application, legal notice of hearing with affidavit from the Long Island Traveler-Mattituck Watchman attesting to publication of notice and letter to applicant advising of date of public hearing. Chairman: Is there anyone present who would like to speak for this application? Mr. Kenneth W. Thurber: I am connected with the Hampton Homes Construction Company and would like to say that most everythin~ is covered in the application but I would also like to say that it would be a hardship to change the layout of the house because, as we said, we took two feet off to meet the deed restrictions and we were not aware of Zoning until we applied for a permit to build. Chairman: The map you submitted with the application was surveyed on Sept. 5, 1957 for the Title Guarantee and Trust Company and the Zoning Ordinance went into effect on April 23, 1957. May 8, 1958 $outhold Town Board of Appeals MINUTES, Continued Mr. Thurber: When Mr. Hughes bought the property he should have been advised but the party who sold it to him probably did not advise him of Zoning. We were under the impression that the deed restrictious covered whatever zoning there was. Chairman: The deed restrictions would not necessarily cover zoning. I would say that this house is too large for the lot, placed the way it is. ~e could not grant the variance for the reasons stated in the application. This would have the effect of defeating zoning. If this were permitted on this first lot in the development there would be no reason for denying others to do the sam e. You cannot use up anymore width than the Zoning Ordinance permits and there are a lot of reasons for this, including Board of Health regulations, water supply, etc. I think that we are all agreed that this application is denied. Board unanimously approved the right of access to this property. Lot 100.00' x 235/240', as shown on map surveyed by Otto W. Van Tuyl & Son, September 5, 1957, lot of James T. Hughes, Orient,Point, New York. Hearing closed. Board then held informal discusson on the subject of Commercial Signs in the Town of Southold, including neon signs. Among those present were Mr. & Mrs. Rossi, Cutchogue, New York, Mr. R. S. Witherspoon of the Peconic Outdoor Advertising Company, Mr. Thomas Dwyer and Ed Purcell of Ed's Sign Service Company. Chairman read a letter which had been received from ~r. Philip B. Matthews, 45 Hamilton Road, Southampton~ N. Y., protesting against the Town Board, the Board of Appeals or the Planning Board in allowing the premises of A. John Gada, West Harbor, Fishers Island, New York, to be used for the establishment of a gasoline service station. Appeal No. 57 - Ralph Quinton: By resolution of the Board it was determined that the requested special exception be denied. Board is of the opinion that adequate provisions exist in the Ordinance covering signs for the real estate business. The fact that the applicant wished to erect a sign which is slightly oversized is immaterial. The Board would not grant an exception even if proposed sign conformed to maximum dimensions permitted for business signs because of its proposed location off the premises of the owner. Mdnutes of the April 24th meeting were read. On motion made by Mr. Bergen, seconded by Ms. Rosenberg, and carried minutes were approved. The next meeting of the Board will be held at 7:30 P. M, on May 22, 1958. Meeting adjourned at 11:15 P.M. Respectfully submitted, Grace B. Meyer Secretary