HomeMy WebLinkAboutZBA-08/06/1959Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-~)660
APPEAL BOARD
MEMBERS
Robert '~(/. Gillispie, Jr.~ Chairman
Robert Bergen
Herbert Roscnbcrg
Charles Grcgonis, Jr.
S¢r~1¢ Doyen, Jr.
MINUTES
Southold Town Board of Appeals
August 6, 1959
A regular meeting of the Southold Town Board of Appeals
w~s held Thursday, August 6~ 19%9, 7:30 P.M., at the Town
Clerk's Office, MAin Road.~ 8outhold, New York.
There were present: Messrs. Robert W. Gillispie, Jr.,
Chairman~ Robert Bergen, and Herbert Rosenberg.
Absent: Messrs. Charles Grigonis, Jr., s~d Serge
Doyen, Jr.
Also present: Mr. Howard M. Terry, Building Inspector.
PUBLIC H~AR~IG: Appeal No. 201 - Application of Stevan
Banick~ Hyatt's Road, Horton's Point, $outhold, New York~
7:30 P.M. - for a variance in accordance with the Zoning
Ordinance~ Article III~ Section 303, and Article X, Section
lO00A, for ~rmission to reduce frontage anduse as a single
lot, property located on the south side of private road
(Hyatt's Road)~ off Soundview Avenue, Southold~ New York, and
bounded north by Private Road, east ~ Neslage, south by
other lands of the applicant, and west by Witherspoon. Fee
paid $1%.00.
The Chairman opened the hearing by reading letter from
applicant, notice of disapproval issued by the Building
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August 6, 19~9
Inspector~ application, legal notice of hearing, and affidavit
attesting to its publication in the official newspaper.
CHAIR~&~N: Is there anyone present who wishes to speak
for this application?
MRS. STEVANB~ICK~ Hyatt's Road, Horton's Point~
Southold~ New York~ stated she.appeared for the application.
CHA~R~: The mortgage that is mentioned in the appli-
cation is on which piece of property?
MBS. BANI~£: On the piece behiudthe one facing the Sound.
We bought it after we had purchased the larger piece which has
the house on it.
CHAIRMAN: Is there anyone else present who wishes to
speak for this application? Is there anyone present who wishes
to speak against this application? Are there any questions
members of the Board would li~ to ask ~s. Banick?
(No one wished to speak.)
Resolution was offered by Mr. Bergen, seconded by Mr.
Rosenberg and carried, WNM,~F~S application of Stevan Banick
having been considered at Public Hearing No. 201 on Au~st 6,
19~9, and the Board finding that strict application of the
Ordinance would produce undue hardship because applicant would
be unable to sell the lot~which is of no use to him~without
the requested variance. The situation is unique and would not
be shared by ~11 properties alike in the immediate vicinity
because no two properties are alike in size in this area, and
this is one of the few lots that are undersized remaining un-
developed. The public convenience and welfare and justice will
be substantial ly served and the legally established or permitted
use of neighborhood property and adja~t use districts would
not be substantially orpermanently injured and the spirit of the
Ordinance would be observed because the lot has been landscaped
and used as it present is for many years~ therefore be it
RESOLVED that the application be granted as applied for.
Vote of the Board: Ayes:- ~. Gillispie~ Mr. Bergen~
and Mr. Rosenberg.
PUBLIC HEARING: 7:~ P.M.~ Appeal No. 202~ Application of
Peter ~ras~ Bay Avenue~ East Marion~ New York~ for a special
exception in accordance with the Zoning 0rdinance~ Article III~
Section ~00, Subsection ll~ for permission to erect and maintain
Southold Town Board of Appeals -3- August 6, 1959
a directional advertising sign on the northwest side of Main
Road, Greenport, New Yozk~ on property being in the estate of
Sam Ciacia, west of Chapel Lane. Fee paid$1%.OO.
The Chairman opened the hearing by reading application
for a special exception, letter of permission from the property
owner~ legal notice of hearing and affidavit attestingto its
publication in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
PETE~KABAS, Bay Avenue, East Marion, New York: I speak
for the application. I need the sign as the application says.
CHAIRMAN: Is the picture herein the file the sign you
are going to put across the street~ on the Ciacia property?
MR. KARAS: Yes'. I am making the background white so that
it will show up.
MR. TERRY: The sign has already been moved from where it
is in that picture.
CHAIRMAN: Is there anyone else present who wishes to
speak for this application? Is there anyone present who wishes
to speak against this application?
It should be pointed out that this sign must be at least
five (5) feet from any property line.
MR. TERRY: That would mean 15 ft. north of the pavement
in that particular spot.
CHAIRMAN: I would also like to point out that it is illegal
to erect any sign at any time without first obtaining permission.
Resolution was offered by Mr. Rosenberg, seconded by Mr.
Bergen and carried, WHEREAS application of Peter Karas having
been considered at Public Hearing No. 202 on August 6, 1959,
and the Board finding that the public convenience and welfare
add Justice will be served and the legally established or
permitted use of neighborhood property will not be substantially
or permanently injured and the spirit of the Ordinance will be
observed, therefore be it
RESOLVED that the application be granted as applied for
with the sign being located no closer than five (%) feet from
any property line.
Vote cg the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
and Mr. Rosenberg.
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August 6, 1959
PUBLIC HEARING: 8:00 P.M.~ Appeal No. 203 - Application of
Thomas LaColla, Main Road~ Southold, New York~ for a special excep-
tion in accordance with the Zoning Ordinance, Article IV, Section
~08~ for permission to erect and maintain a neon advertising sign
on the roof of "LaColla's Tavern"~ north side Main Road, Greenport
(Arshamomaque), New York. Fee paid $15.00.
The ~hairman opened the hearing by reading application for
a special exception~ legal notice of hearing and affidavit attest-
ing to its publication in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak for
this application?
MRS. THOMAS LaCOLLA~ Main Road~ Greenport (Arshamomaque):
We really do need this sign as the advertising up to this time
has put the pizza business over.
CHAI~AN: I wish to say that th~s is a Town Ordinance and
it is necessary to have a public hearing to determine all facts.
We have had as many as 500 signatures ona paper in opposition to
a sign.
You presently have a sign on the roof and a sign on t~ west
end of the building reading "Tavern?"
MRS. LaCOLLA: The sign on the roof is only a painted sign.
CHAIRMAN: But the sign can be floodlighted?
~RS. LaCOLLA: Yes, but it never is.
MR. TERRY~ Building Inspector: The "Tavern" sign is built
right into the roof.
(The Chairman read Article IV~ Section $08~ Subsections ~and
b. pertaining to signs in a "B" Business District.)
CHAIFd'&~N: Is there anyone else present who'wishes to speak
for this application? Is there anyone present who wishes to speak
against this application? Are there any questions members of the
Board would like to ask?
MR. ROSENBERG: Mrs. La~olla~ do I understand that you would
be willing to suppress one of the signs if you are allowed to keep
this pizza sign on the roof?
MRS. LaCOLLA: I would only be able to have the one on the
l~ge painted out, but I would be willing to do that to keep ~his
new sign.
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August 6, 19%9
CHAIRMAN: The sign on the westerly end of the building
has been there how long?
MRS. LaCOLLA: Since the building was built.
CHAIRMAN: And this pizza sign is an additional sign?
MR. TERRY: A third sign, actually.
TheBoard inquired as to the operations being conducted
in the Tavern, such as procedure of making and selling pizzas,
and seating capacity.
Mrs. LaColla stated that most of the sales ~ere made at
the Tavern and very few people called by phone to order pizzas.
It takes approximately 1% minutes to get a pizza. The seating
capacity at tables, outside of the bar, is about
CHAIRMAN: Who erected the sign for you?
MRS. LaColla: I believe Ed's Sign Service.
MR. TERRY: Mr. LaColla stated to me that it was Stivers
from Riverhead.
CHAIRMAN:' Then Stivers is also in violation for erecting
an illegal sign. A letter should be forwarded to Stivers advis-
ing of this and forwarding h~m a copy of the Ordinance and point
out appropriate sections pertaining to the erection of signs in
a "B" Business District and elsewhere.
I believe that the only possible solution to this would be
that one of the signs be removed or painted out.
MR. ROSENBERG: I wo~!d like to see the large Tavern sign
painted out.
Resolution was offered by Mr. Bergen, seconded by Mr.
Rosenberg and carried, WHEREAS application of Thomas LaColl~,
having been considered at Public Hearing No. 203 on August 6~
19~9, and the Board finding that the public convenience and
welfare and justice will be served and the legally established
or permitted use of neighborhood property will not be substantially
or permanently injured and the spirit of the Ordinance would be
observed, therefore be it
RESOLVED that the pizza sign be permitted as a special
exception and that the portion of the sign on the roof referring
to "Tavern" be eliminated by painting over in solid colors. The
elimination of the "Tavern" part of the ridge sign shall be
affected within 30 days from this date. It is further stipulated
that any other violation Ln connection with signs at this place
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August 6, 19~9
of business will automatically revoke the premlssion granted
herein.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
and Mr. Rosenberg.
The members of the Board briefly reviewed the proposed
rules and regulations for sandpits.
The next meeting of the Southold Town Board of Appeals
will be held Thursday, August 13~ 19~9~ 7:30 P.M.~ at the Town
Clerk's Officer Main Road, Southold, New York.
Meeting adjourned at 9:1~ P~M.
Respectfully submitted,
Judith T. Boken
Secretary