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HomeMy WebLinkAboutZBA-08/20/1959Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2680 APPEAL BOARD MEMBERS Robert ~/. Gillispi¢, Jr., Robert Bergen Herbert Rosenberg Charles Gresonis, Jr. Ser~e Doyen, Jr. MINUTES Southold Town Board o~ Appeals August 20, 19~9 A regular meeting of the Southold Town Board of Appeals was held Thursday~ August 20~ 19~9~ 7:30 PoM.~ at the Town Clerks Office, Main Road, Southold, New York. There were present: Messrs. Robert Chairman~ Robert Bergen~ Herbert Rosenberg, and Charles Grigonis, Jr.~ who appeared aeter the meeting had been call- ed to order. Absent: Mr. Serge Doyen~ Jr. Also present: Mr. Howard M. Terry~ Building Inspector. Mr. Jack J. Levin, Manager, Sound Shore Motel. appeared be~&re the Board of Appeals~ at the Board's request, to complete appeals No. 20~ and 206° The Chairman read the legal notice of the hearings which is as follows: "7:~O P.M. (E.D.S.T.)~ upon application of Jack J. Levin~ Manager, Sound Shore Motel~ North Road, Greenport~ New York~ for a special exception in accordance with the Zon- ing Ordinance, Article III, Section 300, Subsection ll~ $outhold Town Board of Appeals -2- August 20, 19~9 for permission to erect and maintain a directional advertising sign on the west side of intersection of Albertson Lane ~nd North Road~ Greenport~ New York. "8:00 P.M. (E.D.S.T.)~ upon application o~ Jack J. Levin~ Manager~ Sound Shore Motel~ North Road~ Greenport~ New York, for a special exception in accordance with the Zon- ing Ordinance~ Article III~ Section 300~ Subsection ll~ ~or permission to erect and maintain a directional adver- tising sign on the east Side of Chapel Lane~ near the North Road~ Greenport~ New York." The Chairman then read the minutes of August 13~ 19~9, at which time the appeals 20~ and 206 were ~irst considered and then held over to this date. CHAIP~L~N: Is there anyone present who would like to ask Mr. Levin any questions in connection with this? If not, I have. Where the application says"I wish to replace my small Mud inadequate sign"~ is that sign on County property? MR. LEVIN: It possibly is on County property. However~ I have permission to put up the one on Albertson Lane. Both signs are very necessary to lead tourists to my motel from ~he Main Road~ by way of Albertson and Chapel Lanes~ and it is primarily important to have signs there because they do not !auow whether to turn left or right. Mr. King would have granted me permission to have a sign there had Mrs. Jurzenia not insisted on complete sign space for herself and absolutely insisted that I be kept out o~ there~ she did the same thing on the other side of Albertson Lane. I have always cooperated with her and helped her all I could. She asked Witherspoon not to rent me signs~ s~d paid Ed King $100 to get me oef the corner. CHAIRMAN: It is entirely possible to have exclusive privY- ledge on the property eora sign~ ~d apparently from the letter of Mr. King with regard to this sign it will be impossible ~or us to grant anyohe else permission. MR. IRVIN: I will try to get other signs in the area. CHA_rR~2~: The first sign was erect at Chapel lane prior to the public hearing~ is that correct? MR. LEVIN: It had been there unpainted for about a month. MR. TERRY: It was just standing there without any distinct lettering or painting. CHAIR~L%N: Under the Ordinance~ to locate and erect a new sign you have to go through this procedure that we have outlined Southold Town Board of Appeals -3- August 20, 19~9 here. Holding a public hearing which takes about two weeks, and after this Board has granted ~rmission then be sign may be erected. However you erected the sign before you had permission from this Board or the owner of the property. What reason do you give for that? MR. LEVIN: I can't explain that. CHAI~v~N: You disregarded the Ordinance? M~. LEVIN: Probably a misunderstanding on my part. I put it there thinking it would replace the sign I had there ~viously. I have no defense~ I Just did it. CHAIP~L~N: I went by just after we asked you to take it do%~. It was down Friday noon. Why would you add insult to injury by putting it up at Albertson Lane? MR. LEVIN: I had to move it somewhere and thought it was alright to put it up there. I paid for the sign. The Chairman explained the purpose of the $1~.00 fee, and went on to state that the Board has had as many as gOO people interested in a sign~ and the work the Board of Appeals has gone to to make the rules fair to the sign people, owners of property and the traveling public. MR. ROSENBERG: I understood you to say a few minute~ a~o that the sign at Chapel Lane is to direct the people cominE rom Greenport or Orient point so they would be able to find you. You also have a sign at the intersection at Greenport~ a large sign that says Sound Shore Motel 1/2 mile or two miles or whatever. Why do you think those people would turn of P between the traffic circle and your motel? Why would they not go straight ahead on the road as the sign says? MR. LEVIN: People have a tendancy to turn o~e at Chapel Lane because of the sharp curve at that point. I have been denied that sign so that is out. CHAI~N: You have not been denied permission by this Bgard. We cannot grant you permission if the property owner refuses.to give you permission. MR. LEVIN: How about, other signs, I have none for the Greenporter at a]l. Could I get any signs for that? I am al~ for Zoning. Zoning is for plarmed growth. I have done as much to bring the desirable people to this area as anyone. MR. ROSENBERG: I had the impression that the sign at Albertson Lane, 1/2 mile west of you~ wasn't that covered for Southold Town Board of Appeals August 20~ 1959 a while on Friday or Saturday. ~. LEVIN: I told Howard to cover it up. Howard took it off~ because dt was his canvas. thought MR. TERRY: I think it was a spite job. Saturday after- noon I stopped where Jack was working and I discussed it with him so there would be no ~roblem of charging him with display- ing the sign illegally. I offered to lend him my drop cloth to cover it with. ! covered it and tied it with weatherproof twin~ it should have stayed there through a gale. !v~. LEVIN: I assume that Howard took it off. MR. TERRY: I spoke to Jack about it and he agreed that it was the proper thing to do. CHAI~: You are referring to this sign which we took the picture of? MR. LEVIN: Yes~ that is the one. I~R. ROSENBERG: Did you put the sign at Albertson Lane. MR. LEVIN: I put it there. MR. ROSENBERG: You ordered it placed there? MR. LEVIN: Yes. The effectiveness o~ the sign on Albertson Lane~ with reference to the traveling public~ and the affect of the Sound Shore Motel sign on the Silver Sands Motel sign, was discussed. MR. LEVIN: I hada sign on Albertson Lane long before zoning. It was stolen before or during last winter. Sound- view and I had a sign on the Ma~n Road at the other end of Albertson Lane before the road ~nt through~ but Rempe won't let us put it up again now. ~ CHAIR~k~N: As far as }4rs. Jurzenia appearing here on this has not influenced us. We asked yo~ to move that sign at Chapel Lane and you put it at Albertson Lane. MR. LEVIN: That is correct. To save time I tod{it from one location and put it at another. MR. ROSENBERG: Assuming that that sign of Silver Sands Motel Js down at Albertson Lane~ assuming that it is out of the way~ what reason do you have eot this other sign that is there now? $outhold Town Board of Appeals -g- August 20, 19~9 MR. LEVIN: As a directional to people coming erom the North Road down. I had a sign there beeore Zoning and I still think it is important. MR. ROSENBERG: And about the one at Chape% Lane? MR. LEVIN: I th~nk it is con~using to the tourist to get to the head or the road and see the Silver Sands Motel direct- ional then pointing back in the direction they had justcome. People can get lost a bbck away ~rom the place, and most women do not know their le~t erom their right. CHAIRMAN: It would be your opinion that a motel located on the North Road .... MR. LEVIN: Would want to get signs on the North Road and the Main Road. CHA!RM~N: The one at the blinker in Greenport is ~mportant? ~. LEVIN: Definit ely~ it directs people coming from Orient Point. i~R. ROSENBAiRG: You have one at Boisseau? MR. LEVIN: That is the first one in the Town from the west~ ho%~ver, the four at Ymin Roadand Chapel Lane and Main Road and Albertson Lane and North and Chapel and North and Albertson are focal points and very important, in fact the most important to the business. I think each motel should be granted directional signs to direct people to the motels. THE CP~I~: The question is how many. -- The signs were put up by the sign painter? MR. LEVIN: Mr. Pen~berton just paints the signs. I absolve him or all responsibility. I asked him to paint it and he paints it. CHA!R~N: Appeal No. 206 will be continued until ~. Levin finds a new location~ is that agreeable to the Board? Vote of the Board: Ayes:- ~. Gillispie~ Mr. Bergen~ Rosenberg~ and Mr. Grigonis. MR. LEVIN: Mr. Rempe re~uses permission to Ed Speeches and I because of RMs. Jurzenia. We had had a sign cooperatively at Main and Albertson eor years. Also a sign had been at Albertson and North Road for years. CHA!R},~kN: The sign that is there now? SoutholdTown Board of Appeals -6- August 20, 19~9 MAR. LEVIN: It was a non-conforminK sign. It had been there for seven years, from the start or my operation. I had four signs at the focal points mentioned before. The one at North Road and Albertson Lane was knock,ed down and taken last winter. MR. HOWARD TERRY: That is right, it disappeared last winter. CHAIPd'~UtN: Mr. Levin~ w~at do you suggest would be fair in your case at Albertson Lane? MR. LEVIN: I think permission should be granted to have the sign at A].bertson and ~mission at another location i~ cud when ! get another location. MR. ROSENBERG: The Chapel L~e one i.s being held in abeyance unti], such time as you get a~]other sign loca~on. CHAIRRL~N: We are not here to prevent Mr. Levin erom having a sign there~ he cannot as he does not have permission from the property owner. THE CHAIRMAN: Ie he is granted permission to have the sign at Albertson, the ~ gn shoudd be perhaps block out for a week to compensate for the time he enjoyed last week. ~a that way ~. Levin might remember us with pleasure I hope. (Mr. Rosenberg explained that the sign rules in the Ordin- ance ~e+re carefully thought out when being put into the Ordinance so that the? would be fair to everyone.) (The Chairman read the procedure adopted by the Board of Appeals on May 1~,19~8 relating to the granting of special exceptions for business signs which are as ~ollows: 1. Appli(:ant must prescott with his application a letter, signed by the owner of the property, graniing perm~ sion to erect a sign on said premises. Permits should be granted with a definite limit set in the special exSeptions after which a permit may be revoked by the Board o~ Af~peals if c~.rc~mmstances change which involve granting o~ the original special exception. 2. The location chose by the applicant for erection of a sign must meet the general standards set up in Article VIII. Exact specieications and description must be f~nished. I~ the "M" District a variance would be required. 3. The purpose of such a sign must be directional in the public interest or conve~ience as d~ tinguished fr~m signs advertising the sale oe products or merchandise, igns adver- Southold Town Board of Appeals -7- August 20~ 1959 tising types of business which provide food~ shelter and amuse- ment for the public are deemed in the public interest and con- venience. 4. The number o? signs permitted ~r bus~uess must be reasonable as determined by the Board in each case.) Resolution was oefered by ~V~r. Bergen, seconded by R~ enberg and carried~ W%F~REAS application of Jack J. Levin. having been considered at Public Hearing No. 206 on August 13, 1959~ and continued to August 20, 1~59, and the Board finding that the public convenience and wel..are and justice will be served and the legally established or permitted use oS neigh- borhood property will not be substantially or permanently injured and the spirit of the ordinance will be observed~ therefore be it RESOLVED that the Appeal No. 206 for the erection and maintenance of a directional, advertising sign on the south- west corner of klbertson Lane and North Road be granted with the condition that the sign not be displayed until August 1959~ and it beblocked out until such time. Permission is revokable for cause. Sign must be ~ive feet ~rom any property line. Vote o~ the Board: Ayes:- ~. Gillispie, ~. Bergen, Mr. Rosenberg, and Mr. Grigonis. ~. Levin briefly discussed with theBoard o~ Appeals, the possibility of receiving permission for the erection o? signs for the Greenporter Motel ~ Greenport. In the matter of Sotu]d Shore Motel sign having been erected without permission, and action brought against Mr. Sherrill Pemberton, $outhold, sign o~inter~ was discussed. ~ Justice Henry A. Clark wit~d~eld service ~f InFormation pending the outcome of tonights hearing. ~The ~ol]owing letter was eorwarded to Justice Clark by the Chairman: "We understand ~rom Mr. Howard M. Terry that6y°u20 are inter- ested in the outcome of the Appeal No. 205 and , in which Jack J. Levin, Manager, Sound Shore Motel, applied eora special ex- ception in accordance with the Zouing Ordinance, Artie2e III, Section ~00, Subsection ll~ ~or permissfon to erect and maintain a directional advertising sign at l~,he L~ntersection o~ Albertson Lane and North Road, and the intersection o~ Chapel Lane and North Roa% Greenport, New York, respectively. Southold Town Board of Appeals -8- August 20, 1959 "The Board granted the application ~or a directional adver- tising sign ~or the So~nd Shore Motel, applied nor on Appeal No. 206 on Albertson Lane and North Road~ prohibiting display until August 28th. "Appeal No. 205 was continued until the applicant obtains a suitable location ,~nere permission has been granted by the owner or the property for erection of a sign. The southeast corner of Chapel Lane and North Road has been exclusively reserved so far as motel signs are concerned by the o~fner of the land to the Silver Sands Motel. The sign as it originally appeared at this location had neither the perr~ission oe this Board, nor the permission o" the owner of the land. "~. Levin took entire responsibility rot the erection of the ~ gns at both locations in the ~olloWing words: ~Mr. Pemberton just paints the signs~ I absolve him on any responsibility. I asked him tc paint it, and he painted it.~" A letter was also forwarded to Mr. Sherri]~l B. Pemberton stating in part: "We understand that you have in your possession a copy of the Southo]d To~ Building Zone Ordinance which we p rt~aularly direct your attention to Section lO12 of Article X, relating to penalties and involving the owner, general agent and contractor oe a building or premises wheo a violation o~ the Ordinance has taken place." Mrs. P. Tormey, Chairman of the Rtverhead Board of Appeals appeared at our meeting to observe this Board in action. Mrs. Tormey and the Board discussed various sections on the Riverhead Town Building Zone Ordinance and the Southold To~nBuilding Zone Ordinance. ~ne minutes of the meeting of August 13, 1959~ on motion or Mr. Rosenberg, seconded by Mr. Bergen, and carried, were approved as submitted. Vote o* the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, R~. Rosenberg, and Mr. Grigonis. The Board of Appeals discussed a possible s~ndment to the Zoning Ordinance with relation to a sign in the business dis- trict, the following letter was eorwarded to Robert W. Tusker, Town Attorney: "Under our Ordinance, where no b~Jilding line has been established in the "B" Business District~ the front yard require- Southold Town Board of Appeals -9- August 20, 19.~9 ment is 25 feet, but a standing sign as lar§e as 81 square feet may be placed on the property within rive eeet o? the building line. "It is our thought that you might want to consider th~l$~ together with the other amendments you are working on~ so that in a new "B" Business District~ such as North Road~ be a~pear- ance o~ the property will not be completely downgraded i~ signs are permitted rive feet from the front line where the building proper must be 25 ~eet." The Board received the description o~ property C.B.S. Marr~ Rochelle Place~ Mattituck~ sold as a single lot. Appeal'~200 dated July 3. 1959, and he,ring held Thursday, July 23~ 1959. This description and map o. property to be conveyed by C.B.8. Marr~ surveyed August 10, 1959 by Otto W. Van Tuyl & Son~ were ordered filed in the Marr appeal folder. A brier discussion was held relative to the eorthcoming hearings o~ Helmut Hass ~or permission to erect and maintain directional advertising signs. Meeting adjourned at 10:30 P.M. Respectfully submitted Secretary