Loading...
HomeMy WebLinkAboutZBA-06/23/1960 TSouthold Town Board of Appeals SOUTHOLD, L. 1., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,.Jr. Serge Doyen, Jr. MIN U T E S Southold Town Board of Appeals June 23,# 1960 A regular meeting of the Southold Town Board of Appeals was held 7s30 P.M.* Thursdays June 234r 1960 at the. Town Clerk Office,k Main Road,, Southold#, New York. There were presents Messrs. Robert W. Gillispieo Jr.# Chairman;., Robert Bergen*- Herbert Rosenberg, and Charles Grigonis4 Jr. Absents Mr. Serge Doyenk Jr. Also presents Mr. Howard M. Terry, Building inspector.. PUBLIC HEARING: .. 700 P.M.* Appeal No, 281 -- Upon appli- cation of Floyd F. King#, Jr..,, Main Streetk. Orient# New York,,_ for a special exception in accordance with the Zoning ordinance,(: Article III* Section 300#1 Subsection ll*. for permission to erect and maintain a directional sign on property 'of the applicant#. at north side Route 25.,. Greenport4_ New York, Propetty bounded north by other land of the applicants east by Bingle, south by Route 25 and west by D. D. Ripley;, Fee paid $15.00. Southold Town Board of Appeals June 23{ 1960 The Chairman opened the hearing by reading application for a special exception#, legal notice of hearing and affidavit attesting to its publication in the official newspapers THE CHAIRMANz Is there anyone present who wishes to speak for this application? MR. FI,OYD F. KING,. JR. x. Main Streets Qrientj� New Yorks I have nothing to say outside of what is in the application. THE CHAIRMAN: You had to relocate this sign because of changing the road? MR. KINGz It was on the old road north of the Main Road approximately 100 to 150 ft.. east of where Peter Brown had his road stand. THE CHAIRMANz Is the sign still there? MR. KING: No�.. I tookAt down last fall. I put some stakes in where I took it out to mark the spot. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHA RMANz is there anyone present who wishes to speak against this application? (There was no response, ) MR. KING: I would like to say that the lease I have with the golf course permits me to put two signs on the property and I have asked Mr. Cornibert and he is perfectly willing to go alone With the location I have chosen.: THE CHAIRMANz How much road frontage do you have there? MR.. KING% I would say between 100 and 150 feet, Resolution was offered by Mr. Bergen„ seconded l' Mr. Grigonisj and carried#_ WHEREAS application of Floyd F. King.ie. Jr.r. having been considered at Public Hearing No. 281. on June 23,E 1960 and Southold Town Boardof Appeals "3-» ,Tune 23; 1960 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 will be observed,,. therefore be it RESOLVED that this application be granted for the relocation of a non-conforming advertising sign on the property of the applicant* Floyd F, Kingo. Jr,,. north side Route 254 Greenport;_ New York. This sign size is 5 ft, by 4 ft. and should be located no closer than 5 ft. to any property lines, lower edge to be no less than 3 ft. from the ground level and upper edge to be no more than 15 ft. 6 in. from the ground level- it is further RESOLVED that this sign, which is a non- conforming advertising sign, may not continue in use after April 23, 1962 in accordance with the terms of the ordinance. Vote of the Boardz Ayesz Mr. Gillispies- Mr. Bergen,_ Mr. Rosenberg,, and Mr- Grigonis, IUBLIC HEARING: 7245 p_M_#: Appeal No. 282 -- Upon appli- cation of Joseph Ulrich- Main Raodr Southoldx New York# for a special exception in accordance with the Zoning Ordinance#, Article IVt Section 408# for permission to erect and maintain a wall sign on the face of Ulrich Marine buildings.. Route 25-t Greenport,, New York- Permission is also requested to erect and maintain four (4) words on the face of the building on the four (4) corners bounding the wall sign. Property bounded north by Creek,, east by Creek, south by other land of the applicant# and west by Route 25. Fee piid, $15. 00* The Chairman 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. THE CHAIRMAN: is there anyone present who wishes to speak for this application? (There was no response.) j . Southold Town Hoard of appeals -4- ,Tune 234 1960 MR. ROSENBERG: He is requesting a sign with 34 sq. ft, more than permitted under the Ordinance. This is a sign Ulrich had at his other building and now wishes to put on the front of this building. However.. I do not think he should be permitted the additional four signs It would make the entire front of his building a billboard_ 'SHE CHAIRMANz Mr_ Ulrich,_ now that you have arrived, is there anything you wish to say in favor of this application? MR_ JOSEPH ULRICH., Main Road,, Southold,, New Yorks I think my case is very well put forth in the application. I have had the sign on the buildin g I am vacating and it is a sign we had produced at some expense. We are now moving to larger quarters and we would like to be able to utilize the sign_ THE CHAIRMANa What did you have on the old building, the same sign? MR. ULRICH: Yes_ the new facia has a greater depth and we would like to also put .the other words up there, such as Fenn Yan, Johnson Motors,, Glasspar, Boston Whaler, THE CEAIRMANi I presume you are aware there is a 'limit on the wall signs anyone can erect ,.and Im Addition to a wall sign a business is permitted a standing sign in front of the building on your own property advertising whatever you do and as you see here this sign is quite a bit in excess of what is permitted under the requirements of the Ordinance. However, the fact that it already exists and can be moved from the old building to the new building will possibly have a bearing on, the case as far as we are concerned. But you would have to limit yourself to that - sign if that is the sign you are going to use on the wall_ In other words,, you cannot put four more signs on the front of the building, The front of the building would be nothing but one big s ign_ MR,. uL'RICH: I was not thinking the small signs would take up any great area. They would be small in the manufacturers distinct scroll.. Our standing sign will carry Johnson Motors. THE CHAIRMAN.- As far as I know there has never been a special exception granted for this type of thing. If you are going to save money by using the old sign which is in excess Southold Town Board of Appeals -5-- June 23, 1960 of the area permitted, then you should put these names on the standing business sign that you are permitted_ MR. ULRICHs Down at the previous location we were using actual billboards on the building and that I would consider being more objectionable than what we propose now, They are not to be large signs in the corners,- and the identification would be much better than the road sign.. On the road sign we would like to dominate one item and that is Johnson Motors, These other words would be substantially smallerk the leers would probably be 18 inches high. The letters on the main sign would be 40 inches high, THE CHAIRMAN'; I don4t speak for the Boarc6but in my opinion you would have five signs where one sign is permitted, and the one sign is 34 sq. ft,r in excess of the area permitted for this type of sign. MR, BERGEN: You would be setting a precedent. MR. ROSENBERG: When is the new standing sign .going up? MR. ULRICH: I have the sign now and it should go up this week. MR. ROSENBERGz You understand the temporary sign has to come down whenyou put up the standing sign. MR. ULRIC.H: Yes t I understand. Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg, and carried, AREAS application of Joseph 'Ulrich having been considered at Public Hearing No, 282 on June 23, 1960, 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 will be observed, therefore be it RESOLVED that permission be granted for the transfer of an existi.gg sign to the front wall of Ulrich Marine, east side Main Street, Southold#, New York.. Sign size'`is--58 ft, long by 40 in. wide. Wording on the sign is "Ulrich Marine.." it was explained to Mr. Ulrich that this special exception is granted in order that he may utilize an existing sign and any change in this sign Southold Town. Board of Appeals --6- June 23,, 1960 will return, it to the conditions of the Ordinance_ It is further RESOLVED that permission be denied under this special exception,#, the placing of four (4) additional signs on the face of this building in the four corners.. Vote of the Board: Ayes:, Mr.. Gillispie, Mr. Bergen, Mr. .. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: 8, 00 P.M. ,- Appeal No, 283 - Upon appli- cation of .James C. Whelan, Old Harbor Road, New Suffolk# New York., for reco#nition of Access in accordance with State of New York Town Law, Section 280A. Location of property: North side Old Harbor Raad, New SuffolkA New York, bounded north by F. Baxter, east by other land of the applicant, south by Old Harbor Road, and west by other land of the applicant,. No fee necessary for access_ The Chairman, opened the hearing by reading application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper.. TBE CHA UvIAN: is there anyone present who wishes to speak for this application? MR. WHELAN: I speak for the application. THE CBVIIRMANz Before we begin,. I believe the description of the access is incorrect. With your permission we. will correct the distance of 286.58 feet to read 186.58 feet, On motion of Mr. Rosenberg,,, seconded by Mr. Grigonis,, and carried, the application for a variance was amended to read: "Thence N. 230 234 E, along center line of right-of-sway a .distance of 186.58 feet. Vpte of the Board: Ayes,- Mr. Gillispie, Mr_ Bergen,. Mr. Rosenberg,,, and Mr. Grigonis, TBy, CHAIRMAN: Mr. WhalanA why do you consider this a hardship? Southold Town Board of Appeals -7-- ,June 23;. 1960 MR- WHELANz The right-of--way is being paved the full distance and it would be an undue hardship if the right-Mof-»way were not recognized. The application is being made due to the fact the prospective buyer cannot go through with, the sale unless he is granted access to the lot. THE CHAIRMAN= Is there anyone else present who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this ap3plication? (There was no response, ) Resolution was offered by Mr. Gillispiet seconded by Mr_ Gri.gonis, and carried,, WHEREAS application of James C. Whelan having been considered at Public Hearing No, 283 on June 23, 1960,_ and the Board fi,ndingthat strict application of the Ordinance would produce undue hardship because access is necessary to complete the sale of this property which is an inside lot. The situation is unique and would not be shared byall properties alike in the immediate vicinity because this is the only parcel in the immediate vicinity being divided and requiring accesstb it. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance Would be observed because the proposed use of the property is residential in keeping with the neighborhood,, therefore be it RESOLVED that this .application for access be granted as amended. Access described as follows: Beginning at a monument on Old Harbor Road,,, situate on Northerly line of property of Whelan, thence running 116.46 feet along Northerly line of old Harbor Road to center line of xight0f way. Thence N. 230 23 " E,, along center line of right of way a distance of 186_58 feet. Easterly and Westerly lines of said right of way are 10 feet from center line parallel and at right angles thereto, Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg., and Mr. Grigonis. Southold Town Board of Appeals June 23,, 1960 PUBT41C HEARING: 8: 15 P_R. , Appeal. No. 284 -+ Upon appl - cation of Julia_ Bessant.4 a/c Mattituck Motel,, Bay Avenue;, .Xa.ttituck,. New York, for a special exception in accordance With the Zoning Ordinance,. Article TV,, Section 408, as it applies to Article Vt.. Section 502;; for permission to erect and maintain a directional sign on the property of August Rolfes; Pacific Street and Sound Avenue; Mattituck,, New York,_ bounded north by Sound Avenue.$„ east by A. S. Tuthill, south by,Henry Scherger, and west by Pacific Street. Fee paid $15. 00. The Chairman opened the hearingg by reading application for a special exception.; legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS.. JULIA BESSANT, Bay Avenue, Mattituck$ New York: I had the sign .on the Main Road down by Corwin and I was told it would be best to put it up there because the people do not know where to turn to see the motel_ THE CHAIRMAN: Is that north of the railroads ? MR- BERGEN: No;. south of the railroad. MRS.. BESSANT: I have a sign on the Sepko property which tells the people to turn right at the railroad and where I had to relocate I thought it was a good idea to put it on the property of Mr. Rolfes, The sign will say"Mattituck Motel,"j and an arrow with "Turn Right".. THE CHAIRMAN; Is there anyone else present who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Resolution was offered by Mr. Gillispie,. seconded by Mr. Bergen,;_ and carried WHFaEAS application of Julia Bessant, a/c Mattituck Motel,; having been considered at Public Hearing No. 284 Southold Town Board of Appeals -9-- ,Tune 23,- 1960 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 will be observed, therefore be it RESOLVED RESOLVED that the application -be granted as applied for permitting the erection and maintenance of a 4 ft. by 4 ft, directional sign the the words "Mattituck Motel" with an arrow indicating "Turn Right"... on the property of August Rolfes.K Pacific Street and Sound Avenue, Mattituck,1_ New York_ This sign shall be located no closer than 5 ft. to any property line, lower edge to be no less than 3 ft. from the ground level. and upper edge to be no more than 15 ft. 6 in. from the ground level- Vote of the Boards Ayes=-- Mr- Gillispie., Mr. Bergen, Mr. Rosenberg,, and Mr. Grigonis, The minutes of the meeting of June 13,1 1960., on motion. of Mr. Bergeno. seconded by Mr.. Grigonis.. and carried, were approved as submitted. Vote of the Boards Ayess- Mr. Gillisple, Mr_ Bergen,.. Mr. Rosenberg,,, and Mx. Grigonis, PUBLIC EEARINGs 8s 30 P-.M., Appeal No- 285 -- Upon appli- cation of Frank S. Dawson . New Suffolk&- New York, and Lester I. Bowden and Eloise Bowden, Greenport# New York,_ for a variance in accordance with the Zoning Ordinance Article X,,. Section 1000A,,. fox permission to redivide property at corner of Second Street and Orchard Streetx New Suffolk..New York. Property bounded north by Orchard Street,, east by Egnas Benicko south by Joseph Costentinox, and west by Second Street. Fee paid $15, 00, The Chairman opened the hearing by reading application for a variance.# legal notice of hearing and affidavit attesting to its publication in the official newspaper, Southold. Town Board of Appeals -Jk],o_ June 234 1960 TBE CH RMANs Is these anyone present who wishes to speak for this application? M. LESTER I_ BOWDEN, Greenpott#. New Yorkr We have the bungalow on the 20 ft. piece of property and if the house is ever sold there would be no side yard,€_ the house occupies the entire 20 ft. widths Also the door to the house is on the side and to be able to get into the house you would have to go in the front window, THE CHAIRMAN: How did this division come about?' VRS. ELOISE BOWDENt, Greenport,, New Yorks By will. The corner property belonged to my grandfather and my mother bought the 20 ft. strip around it,;- but could not add it to the original piece of property because my grandfather died without a will. She had bought the 20 ft., strip in her own names I got the small house at -the time of herr death and my brother got the big house. We would now like to enlarge the 20 ft, strip to 40 ft, . MR- BOWDEN: There ,is a vacant lot-south of the property but they won't. sell- :THE CHAIRMANz Is there anyone ,,,else present who wishes to speak for this application?* (There was no response, ) THE CHAMUQXx Is there anyone present who wishes to speak against this application? (There was no response-), Resolution was offered by 'Mr, Gillispie.. seconded by Mr, Bergen,,;, and carried,, w pFAS .application of Frank S,, .Dawson, Lester I. and Eloise Bowdent. having been considered at Public , Hearing No. 285 on June 23#,_ 19604_, and the Board finding that strict application of the Ordinance would produce undue hardship because if applicant were to sell the "L" shaped parcel the strip of 20 ft, by 100 ft. on Orchard Street would be useless and the house on the 20 ft, strip would not have a side yard.. With the proposed division this lot will now have .a frontage of 40 ft, on .Second Street and the 20 ft. strip on Orchard Street would be added to the corner parcel, The situation ,is unique and would not be Southold Town Board of Appeals "11-+ Tune 23,, 1960 shared by all properties alike in the immediate vicinity because this odd shaped parcel was acquired by inheritance and is the only one in the neighborhood with such an odd shape. -The public convenience and welfare and ,justice will be served .and- the legally established or permitted use of neighborhood property and a,jdacent use districts would not be Substantially or permanently injured and the spirit of the Ordinance will, be observed because the buildings on the two parcels have existed for many years and the. division will not change the total area of the- lotj merely enlarge the frontage of the 20 ft. lot to 40 ft.,, therefore be it RESOLVED that the application be granted as applied for.. Vote of the Boards Ayes: - Mr. 4illispiex. Mr, Bergen,. Mr. Rosenberg#- and Mr_ Grigonis. Edwin Lapham,. Esq.' Riverhead, New York;, -appeared before the Board to discuss the epecial exception granted Crabtree- O'Keefe and Fanning and Housner, The Chairman advised the members of the Board that he had been served with a law suit by Mr, Lapham on behalf of Fanning and Housner to appeal the decision of the Board of Appeals to the Supreme Court. Mr. Lapham advised that he appeared at this meeting to see if some agreement could be reached for a rehearing. Fanning and Housner feel items No. 5 and 6 in the special exception, the setback restrictions,0 are overrestrictive*, and Mr. Lapham would like a rehearing to argue those points and possibly some compromise could be evolved:. They would like the restrictl.ons removed so that cars could be parked up to the property line. The Chairman explained to Mr. Lapham that the two provisions were merely the provisions of the Ordinance and if they were removed and cars were parked up to the property line there would be a violation. Mr. Lapham was advised-that he may apply to- the Board to vary the front and side yard restrictionsk and that would be the only possible steps he could take- Mr. William Cronk,R. Bowery Lane$. Southold.,, appeared before the Board of Appeals for an informal discussion relative to the screening of junk yards. Mr. Cronk questioned the Board's right Southold Town Board of Appeals -12-» June 23s. 1960 to call them junk yards and then approve the screening of them as junk yards, The Chairman stated to Mr. Cronk that the Board of Appeals has not formally approved any screening and all they are required to do by law is approve the type of fencing and hedges which are to be planted or erected. Mr. Cronk advised that he .has had his attorney serve the Town Board with papers requesting the enforcement of State and local laws relating to junk dealers and junk yards, The next meeting of the Southold Town Board of Appeals will be held 7;30 P.M. ,, Thursday, July 7, 1960 at the Town Clerk Office, Main Road, Southold,.. New York. On motion of Mr. Bergen, seconded by Mr.. Grigonis, and carried, it was RESOLVED that 7:30 P.M. (E_D_S_T. )x Thursdays July 7 j 1960,. Town Clerk Office# Main Road, Southold,_ New York, be set as time and place for hearing upon application of William Wells#, Gin Lane, Southold*, New York, for a variance in accordance with the Zoning Ordinance. Article 111; Section 307,. for permission to reduce side yard setbacks on Lot No. 55,._ Bay Haven,. Southold. New York. Vote of the Boardz Ayes:- Mr_ Gillispieo Mr. Bergen,, Mr. Rosenbergt and Mr, Grigoni.s, it was further RESOLVED that legal notice of hearing be published in the official newspaper under date of June 30,E 1960, Vote of the Boardz Ayesz- Mr. Gillispie,_ Mr. Bergen.,. Mr. Rmsenbergx and Mr, Grigonis. Meeting adjourned at 10:30 P.M.. Respectfully submitted, Judith T. Boken o pea s Secretary ►►ma