Loading...
HomeMy WebLinkAboutZBA-05/26/1960 c"0 L T Southold Town Bo ard of Appeals S O UTH O LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,Jr. Serge Doyen, Jr. M I N U T -E 'S Southold.- Town-Board of Appeals May 26, . 1960 A regular meeting of the Southold. Town.;.Boar.d of:Appeals was held. 7:30' P.M. I . Thursdayj.May 26-, 1960 at -the Town .Clerk Office, .Main Road, Southold..'- New York. There were present: Messrs. -Robert .W. Gillispie, . Jr. , ,.-Chairman, Robert.Bergen, ,Herbert Rosenberg:;and. Charles Grigoxiis, Jr. Absent: Mr. Serge.-Doyen,. -Jr. Also present: Mr. Howard A. Terry, Building;Inspector. PUBLIC HEARING: 7:30 'P.M. , .Appeal No. 276. - Upon Appli- cation of Thomas Jurzenia, a/c ,Silver ':Sands Motel -and. Jack Levin, a/c .Sound Shore Motel, -Greenport, New York, for a .special -exception in-accordance with the Zoning :Ordinance, . Article III, Section 300, Subsection .11, for permission _to- replace an- existing directional. ;sign with..a two-panel.- directional sign. Location of property: southeast:cQrner -of. intersection .6f North .Road and Chapel ,Lane, Greenport, New York. Fee p4id .$15.00. Southold Town Board .,.of Appeals -2- May 26, 1960 The Charman .oPened the hearing;by, reading applcation. for a special-.-exception, ,legalnotice of hearing and affidavit attest- ing to its publication .in the- official newspaper. Letter of pert'ission from 'the property -owner.was also-read. THE CHAIRMAN: ' Is there anyone- present who-wishes to speak for this application? ('here was no. response. ) MR. ROSENBERG: Do you know. anything;of what they want -to do? MR. .TERRY: They want to- remove `the...�existing ;signs and .replace them with one sign containing two panels. TflE ,CHAIRMAN, Will --other 'motels, begoing, in. :on. thise? MR. TERRY: Yes, . o.thers plan to join. (The members -of the Board. discussed the proposed -method of .:directional .sign. ) MR. ROSEpTEERG: Will those -two.. signs on~Chapel',Lane now both -come..down? MR. TERRY: I believe -so, although I .do not know for sure. Possibly someone_Will .appear to ,.speak . for ' this .Sign .if you.•could hold it for_ 'a. .lit tle while. THE CHAIRMAN: is there anyone -present who wishes,'tQ .speak .against -this application.? (There <was no response. ) THE CHAIRMAN: We will recess this hearing fora bout one-half hour. PUBLIC HEARING: !:45 'P.M. , . Appga1 No. 277­ - Upon :.appli- cation of Thomas Jurzenia, a./c Silver' Sands Motel .and ,Jack .Levin, a./c .Sound Shone Motel, -Greenport, New 'York, for -a .special -exception ,Southold. Town .Board--of Appeals •- 3- May 26,. 1960 in, accordance with the Zoning, Ordinance, Article III, . Section 300, Subsection ,11, for 'permission ,to replace .-an-existing directional -sign with -.a 'two-panel .directional sign. ILocation of property: southwest. cor,ner ofintersection. 'o.f- North .Road -and Albertson .Lane, Greenpgrt. . New York. Fee paid $15. 00. The Chairman %opened the hearing by reading application for -a specialtexception, legal- not-ice of.he' aring and affidavit :,attesting . to its publication. in. the official. newspaper. The Jetter ' of permission from the property �gwner was ,also read. THE:' CHAIRMAN: Is there -anyone 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. ) THE `.CHAIRMAN: We will. also recess this hearing .'for'one-half hour. Messrs. . John...Klein .and John •Klen,Jr. appeared before the Board-of Appeals for' an. informal -,discussion rolative 'to an appli- cation .Mr. Klein intended to, present to the Board of. Appeals for .-permission to erect.,.an advertising sgn. adyertising, Klein's- Outboard Shop:on ,the property of John.- L. Husing, Mattituck, New York. Mr. Klein. could not understand'why. he- was .denied permission to have .an. advertising -sign ,when .motels and'restaurants -were permitted signs_. -The:Chairman--explained the Board's -policy with ,reference to signs of that .type, stating that s.igns. -considered in the public. interest. ;.such as food �and`.shelter for the traveling public.were generally approved. other advertising signs were not approved. -After considerable. discussion .Mr. ,Klien, seemed -to be .s,atisfied .:.with the Board's. explanation -and- stated he would not, present .his application but may apply for permission to put. a s ign -on the side ..of the building after it As is constructed. Southold Town' Board of Appeals -4- May. 26, 1960 Mr® Julius 'Zebroski, . Southold, New York, . appeared before the, Board for , an informal discussion relative to fenci.ng.his junk yard. Mr. Zebroski stated that he has offered the property in question for sale at .20<, a square foot :and .would like to wait a while before fencing the junk yard. The Chairman advised that he could not claim a .financial hardship. Mr. .Zebroski .finally agreed to fence the junk yard .with ,priyit 2^2 ft. high and about 1 ft. apart. There was a time limit._of three (3) weeks placed on the time he must -surround the entire junk .area .with privet hedge. On motion . of Mr. Gillispie, . seconded by Mr. Rosenberg, and carried, it. was REQ}LVED that the Board of Appeals recommend to. the Building Inspector that the violation notice given- to -Mr. Zebroski be extended for three (3) ' additional weeks so that Mr. Zebroski may comply .with the fenPing requirements. Vote- of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, -Mr. Rosenberg, and Mr. Grigonis. The Board next spoke to Mr. Mecislaus Winiarz, New Suffolk Avenue, Mattituck, New York who appeared before the Board relative to a violation .he received from ..the Building. Inspector for. establish- ing a business office with ,an advertising,-sign - in the "A" Residential and Agricultural District, in violation of ,Article III, Section .300. Mr. Winiarz stated that he has had a license for eight .years. He has lived in Mattituck since December 1957 and prior to that he lived, in. Elmhurst ,where he operated an .insurance business ,with .a .sign and did not see why he could not .cont.inue the same thing here in Southold Town. In ,response to questions asked by.-the -Chairman, , Mr. Winiarz stated that he has .a going business. here in Mattituck and he has no intention of giving it up. He said he has to maintain his office it his home because he does not make enough to open- an office in the business zone. He stated he has invested $200 in stationary, with his. New Suffolk .Avenue address on it because that is ,where his office is. 'Mr. Winiarz advised the Board that several of his neighbors have businesses right on their property at this time and have been. in 'business quite a while. Mr. Parkins to the west of him stores four milk. trucks in his yard and has a small office on .his front porch. Harold Reeve, Jr. to the west of him has lumber storage on his property. It was pointed out that this storage yard is non-conforming. Southold Town Board of Appeals -5- May 26, 1960 Further down the road from him to the west is Reeve Brothers commercial greenhouse. The Board suggested that Mr. . Winiarz petition the Town Board for a-.change of zone to ".B" Business District and try to persuade his neighbors to join with him in this petition. Mr. Winiarz stated he would consider that proposal, but since he has had the sign on his property since September 1959 he does not- see why he shauld .remove it now. He also said he :would consider placing a sign .on his father's property in the "B" Business -District -and have a. small office in his father's house. The Board stated this would be permissible. Mr. Winiarz was also advised he would be permitted to have a sign-with his name on it in front of his house, however nothing else would be permitted on the sign. When he asked if- he could have the words "Notary Public" on the sign .the Board advised he could. The Building Inspector advised Mr. Winiarz if he did not file for a change of. zone to the Town Board by the next Town Board meeting on June 7th the sign he has on the porch now would have to come down .and he would have to cease operating ,-a business in his home. PUBLIC HEARING: Appeal No. 276. The Chairman reopened the hearing following a .one-half hour recess THE CHAIRMAN: Is there anyone present who ,wishes to speak for this application? Is there anyone present who wishes to speak again st .this application? (There was no response. ) THE CHAIRMAN: Since there is no one present who wishes to speak for or against .this application I think we should go ahead and make our. resolution the way we think they want -the signs. Resolution ,was offered by Mr. Grigonis, seconobd by Mr. Bergen and carried, WHEREAS application of Thomas Jurzenia, a/c Silver Sanes Motel and Jack .Levin, a/c Sound Shore Motel, having been considered at- Public Hearing No. 276 on .May 26, 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 ..Southold Town Board -of Appeals . -6- May 26, 1960 RESOLVED that permission .is granted under Appeal No. 276 for the erection_of atwo-panel double faced sign advertising the sound $bore 'Motel and the Silver Sands Motel -on the property of.Edwin H. King, . southeast corner_ of intersection- of North Road .and Chapel Lane' Greenport, New York. Each sign panel shall be no larger than 22 ft. by 5 ft. and the entire sign shall be no higher than 15 ft. 6 in. and 3 ft. ,above the ground level and .located no closer than .5 ft. to any property line. It .is a.-condition of this permission that the present signs at this location advertising. the. Silver -Sands Motel and a .separate sign advertising the Sound Shore Motel be removed from the premises before 'the. erection .of the new sign. It .is -the opinion. of the Board that this is an improvement in the matter of :directional signs advertising motels and -this will help . to eliminate signs by consolidation. Vote -of the Board: Ayes-;- Mr. Gi.11ispie, .Mr. Bergen, -Mr. . Rosenberg, and Mr. Grigonis. 'PUBLIC HEARING: Appeal No. 277. The. Chairman- reopened the hearing following a one-half hour recess.. fiHE CHAIRMAN: Is there -anyone present-who wishes to speak for this application? Is there -anyone present-- who wishes to speak .against .this application? (There was no response. ) Resolution was offered by Mr. Bergen, seconded by Mr. Grigonis and carried,- WHEREAS application of Thomas Jurzenia, a/c Silver Sands Motel and Jack Levin, a/c .Sound. Shore Motel, having been. con- -sidered -at Public Hearing No. . 277. on .May 26, 196.0, 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 inijiured and the spirit of the Ordinance .will be observed, therefore be it RESOLVED that permission .is granted under ;Appeal No. 277.' for the -erection .of. a two-panel double faced sign advertising the Sound Shore-Motel and Silver 'Sands Motel. on the property of Vincent :Poliwoda, southwest -corner of intersection of North Road and- Albertson Lane, greenport, New York. Each. sign, panel shall be no larger than 2z ft. by 5 ft. and the entire sign -shall be no higher than .15 ft. 6 in. and 3 ft. above -the ground level and located no closer than 5 ft. to any property 1 ine. It -is a condition of this permission that the Southold 'Town Board 'of Appeals -7- May 26, 1960 present sign advertising the Sound Shore Motel be removed from .the premises before the. erection of :the new sign. It .is the opinion of the Board that this is an improvement-in the matter of: directional signs advertising.motels and this ,will help. to eliminate signs by consolidation. -Vote of the Board: Ayes;- Mr. Gillispie,. Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The Board -of Appeals re ceived -a letter from the Building Inspector requesting :an .interpretation .of the Zoning Ordinance Article X, Section .1003A as it pertains to labor camps. The letter stated the present problem is the use of' a proposed labor camp .located on .a farm, closer to the owners residence than to any other residence and to be used for farm purposes and in ,a potato house on the farm where potatoes -are purchased from ..other farmers and processed .as well as grown by the farm owner. He stated he .has ser ved the owner with a -violation for operating a commercial potato business in, a farm "A" district. The owners have agreed to apply for a ..change of zone to "B" Business district so that they may continue to purchase and grade potatoes other than their =own. The Building Inspector asked the Board-of Appeals whether this dual -use of the help housed on the farm labor camp. (15 persons capacity) requires a- public -h.earing ,as .a .'non-farm" labor camp? After considerable discussion this matter was turned over to the Chairman -who will consult. with the Town .Attorney. The Building Inspector advised the Board that Leonard Plechavicius, Peconic Bay Boulevard, Mattituck, New York, had gone ahead and put in ,a kitchen.etter bedroom .and bathroom in his garage contrary to the ruling of the Board. Mr. Plechavicius was denied permission to build an addition on his garage on November . 12, , 1959 because -the applicant had not.proven undue hardship. and also because it is. contrary to the Ordinance to grant . a variance -on -an extension. of .an existing non-conforming building under these conditions. Mr. Terry advised the Board that -he had spokento Mr. Plechavicius and he would contact .the, Board. Southold Town Board -of Appeals -8- May 26, 1960 The next .meeting of the Southold Town Board of Appeals will be held 7: 30 ' P.M. , Thursday, June 2, 1960 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at . 10:55 'P.M. Respectfully submitted, Judith T. Boken Secretary o ppea all Q 5