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HomeMy WebLinkAbout3630 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3630 Application Dated April 29, ]987 TO: Mr. John Kramer Mr. Wayne DePetris 54985 Main Road P.O. Box 1406 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ]0, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article VI , Section 100-60(C)[2](a) [ ] Request for Application of JOHN KRAMER AND WAYNE DePETRIS for a Variance to the Zoning Ordinance, Article III, Section 100-60(C)[2] for permission to replace existing ground sign, the lower edge of which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-52-1-5. WHEREAS, a public hearing was held and concluded on May 21, 1987 in the Matter of the Application of JOHN KRAMER AND WAYNE DePETRIS under Appeal No. 3630; and WHEREAS, at said hearing no one appeared either in behalf of or against the application; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article VI, Section 100-60C(2)[a], to replace an existing ground sign, the lower edge of which would be not less than twelve inches (12") above the ground and the upper edge of which will extend not more than five feet above the ground. 2. The premises in question is located along the north side of the Main Road in the Hamlet of Southold, Town of Southold, containing an area of 7500± sq. ft., 50 ft. lot width (frontage), and lot depth of 150± feet, and is more particularly shown on the Suffolk County Tax Maps as District lO00, Section 52, Block 1, Lot 5. 3. The subject premises is improved with a 25-ft. wide by 65 ft. deep one-story frame building set back 35 feet from the front property line along the Main (State) Road. (CONTINUED ON PAGE TWO) DATED: June 10, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/~ ZONING BOARD OF APPEALS Page 2 - Appeal No. 3630 Matter of KRAMER & DePETRIS Decision Rendered June 10, 1987 4. The on-premises business advertising sign proposed by this application will have an advertising area of 36" high by 96" wide, together with a 3" high skirt and 12" high base. The 12" high base will not exceed 12 feet in width, and the total solid construction area (top and bottom) shall not exceed a total area of 81.25 sq. ft. 5. The setback of the existing sign and proposed sign replacing same is shown to be not less than eight feet from the front property line along the Main Road and the sidewalk and a greater distance from the easterly side property line. 6. In considering this application, the Board finds that the proposed sign is better aesthetically and the advertising area is less than that normally permitted by the Zoning Code. 7. In considering this appeal, the Board also finds and determines: (a) the relief requested is not substantial in relation to the requirements; (b) the relief requested is minimal; (c) the circumstances of the property are unique; (d) the variance if allowed will not increased population density thus produced mental facilities; have an affect of on available govern- (e) there will be no change in the character of the neighborhood or substantial detriment to adjoining properties; (f) the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to APPROVE the relief requested under Appeal No. 3630 in the Matter of JOHN KRAMER AND WAYNE DePETRIS for the replacement of ground sign for on-premises business advertising, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The sign be setback not less than eight feet from the sidewalk or front property line (as applied), and in the same location as the existing ground sign; 2. The existing ground sign will be removed; 3. The sign shall be only as applied and not greater in size (as described in Paragraph #4, supra). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk i RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Cle~'k, Town of Sou~old June 12, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, MAY 21, 1987, at the following times: 7:35 p.m. File No. 3624 ERNEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct accessory structures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY~ County Tax Mao Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 PUDGE CORP. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permiss~or to construct one-story "mini-storage" buildings in this "C-Light" Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626 - NORTH FORK EARLY LEARNING CENTER. Speci'al Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3] for permission to establish private (nurser~) school [or day-care center], as.a nonprofit organization, at premises referred to as the 'Veterans Community Center,' north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section 100-30(B)[3] subsections (a) and (d), for permission to establish nonprofit private (nursery) school ]or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax MaD Parcel ID No. 1000-140-2-39. 7:55 p.m. File No. 3630 JOHN KRAM--R AND WAYNE DePETRIS. ~ Variance to the Zoning Ordinance, Article III Section IO0-60(C)[2- for permission to replace existing ground si. gn~ the lower edge of j Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 21, 1987 which shall be less than four feet above the ground. Location of Property: 5~985 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000~62-1-5. 8:00 p.m. File No. 3629 .IRWIN AND_ SON~D~RA THOMPSOn. Variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section 100-71, for approval of an insufficient sideyard setback to an existing structure and proposed new structure resulting from an alteration in the location of ldt line of abutting parcel to the east. Zone District: "B-1 General Business." Location of Property: Corner of north side of Main Roiad and east side of Boisseau Avenue, Southold, NY (Thompson's Emporium); County Tax Map Parcel ID No. 1000-63-03-08. 8:05 p.m. File No. 3586 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article III, Section 100- 30(B)[16] for permission to establish "Bed and Breakfast Use," an owner-occupied building, other th~n a hotel, where lodgie!g and breakfast is provided for not more than six casual, tramsient roomers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use established under Appl. No. 3597 March 5, 1987. Location of Property: 355 Terry Lane, Southold, NY~ County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439 - ARNOLD AND KAREN BLAIR. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area and width of two pwoposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, ~67 thru 17~2, inclusive, 151, 153; County Tax Map Parcel No. 1000-037-7-10.2. 8:20 p.m. ?ilo No. 3543 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for ~ermis- sion to locate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lo~s 152 and llO; County Tax Map Parcel No. 1000-~0-02-13.1. ~q35 p.m. File No.~12 - BENJAMIN HERZWEIG and WILL~AM MOORE. ~riance to t~e~Zoning Ordinance, Article XI, Section 100-119.2 f~x pe~ssion to locate new single-family dwelling with an i nsu~cie~nt setback from nearest wetland grasses/a~eas. Locati~~__P~t~ E~t Side (~375) Meadow Lane, Mattit~ck, N~~~t~~~~~ ~4453, Lot ~2; County Tax Map Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting - May 21, 1987 The Board of Appeals will hear a~ said time and place all oersons or representa, tives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted pr~or to the con- clusion of the subject hearing.. For more information, please call 765-1809. Dated: May ll, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about §/tl/87: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Town C~erk Bulletin Board Z.B.A. Office Bulletin Board Mr. Ernest Tarmin, Box 2043, Main Road, Orient, NY 11957 Mr. James L. Gray, Sr., President, Pudge Corp., 1040 Horton La, Sld, NY ll~ Mr. and Mrs. Glen Moller, North FOrK Early Learning Center, Box 1053, Mattituck, NY 11952 Mr. John J. ~ramer Mr. Wayne De~etris P.O. Box 1406, Southold, NY 11971 Philip d. Car~-i-h-~-l'6--~--~ q.-(At--for Mrs Donald Dean) Mrs. Donald D~an. q York~ Rnndo Mnl~ntain i nk~s~70-4? Mr. Garrett A. Strang, R.A. (Agent for Thompson's Emporium), Box 1412, Main Road, Southold, NY 11971 Mr. and Mrs. Robert 3ier, 355 Terry Lane, Southold, NY 11971 John M. Wagner, Esq., Box 279, t08 E. Main St., Riverhead, NY ll901 J. Kevin McLaughlin, Esq., 828 Front St., Box 803, Greeneort, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (Attorney for Blair) Patricia C. Moore, Esq. (Rudolph H. Bruer, Esq.), Attorney for Mr. and Mrs. Peter Herz, Main Road, Southold, NY 11971 J. Kevin McLau§hlin, Esq. (Attorney For Mr. Blair) Box 803, 828 Front Street, Greenport, NY 11944 Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935 William D. Moore, Esq., Clause Commons, Suite 3~ Box 23, (Herzweig & Moore Application) Mattituck 11952 Individual ZBA files ZBA Members with copies of files Building Department (Vic Lessard) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL . .m..~,.'.. 6..~.¥0...,~.'....eA.. .............. ~ ~ .&....~ ~.,...t.~.q.~.., ........ PLEASE TAKE NOTICE thaky, onr application d,'lted ....(~.....~. ............ 19 .~. 7... rot permit to construct...o~...~.~ ,~.~. %~ ................................... at Location of Property ................. .~.... ~ .~'.. ..... .~..~..~, .............. House No. Street Hamlet County Tax Map No. lO00 Section . .-.. ,.0../~..;iV.... Block ..... ~ J ...... Lot ...0...~'. ....... Subdivision ................. Filed Map No ................. Lot No .................. Is returned herewith and disapproved on the following grounds. ~ .e~....~....~ ................. .; .... .~...~..~, ~ o_~,~,,.~.~....~..~....*O. · ..%...~...~., .~ .~..=. ~...q...ck. ~o .~ .~%...~..~....~. :.~ .......... Building Inspector TOWN OF SOUTHOLD, NEW YOR~ ~IIIIIA~M DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~.Q.~I ~ramer & Wac. ne DePet~ Main Stre.e.t .S. outhoid ~ ~' Name of Appellant Street ond Number .N.e,~...~'.,~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NC ..................................... DATED .....~,~..~..~..Z.,...9..,..,.]:..9.,8..7 .................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Main Street Southold NY 11971 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X)" Sign Permit 1:. LOCATION OF THE PROPERTY ~...~...~...~ain...Roacl..cdD, UtAQ~...~.O~.~....~..-?..].. .................. Street /Hamlet / Use District on Zoning Map District 1000 Secti0n062B10ck 01L0t 05 ~ - ' .............................................................................. burrent Owner ,7oh~ Kramer& Wayne DePetris MOP No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ZZT Section 100-60c (2) (Sign height) 3, TYPE OF'APPEAL Appeal is mode herewith for (please check appropriate box) (~ x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons, Lows Art. ]6 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a va dance and was made in Appeal No ................................. Dated ..................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s r~sted forthe reason that The sign height is less attractive than what we propose. building is low, what we propose is much more pleasing to the eye, more in keeping with the professional image we wish to project, and in keeping with the aesthetic nature of the landscape. permitted by the zoning code Our property is small, our more (Continue on other side) REASON FOR APPF-AL Continued '~ :~ I. STRICT APPLICATION OF THE[ ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP because The sign raised 4' off the ground (as it is now) looks too commercial creates a bill board competition on main street that is similar to Jericho Turnpike. We have a sign in compliance with the code now, we seek to do something that will look prettier, and make the village look nicer too. 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immedia~ vicinity ofthispropeny andinthis use district ;ecause Not.all property.owners care about ~moverall aesthetic impression Created by their sign when it is viewed in the context of all Main Street signs, such as a visitor passing through the village would. We are upgrading our sign and have the opportunity to do something more tasteful than what the code allows. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There is no reason for us to have a sign 4' off the ground as long as a car leaving our parking lot can see over it and it is far enough away from the sidewalk to allow clear vlsability in all directions. It does. STATE OF NEW YORK ) ) ss COUNTY OF ) ................ ................ Signature Wayne DePetris Sworn to this ~,'~.~..~=..~'~/ day of..;~.~7..:.,,. ~NOTARY PUBLIC, State of New NO, ~744014