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HomeMy WebLinkAboutZBA-05/18/1961 L T Southold Town Board 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 18:, 1961. A -regular meeting. of the Southold Town Board. of Appeals was held 7:3.0 P-.M. , Thursday, May .18., 1961 at the Town Clezk .Office,, Main. Road, Southold, New York. - There- were present: Messrs. Robert .W. Gillispie, Jr. , Chairman:, Robert Bergen, and Herbert .Rosenberg. Absent; Messrs. Charles Gtigonas,, Jr. , and .Serge- Doyen, -.Jr. PUBLIC HEARIX(9; Appeal No. 3.68: 7:30 P.M. (E.D.;$.'T. ) , upon, application of Suffolk Coop. G. L. F. Service, Inc. ,. Hummel Avenue, ,. Southold,, New 'York, for a. special exception in accordance With. the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain wall sign on the. south wall-of .Suffolk Coop. G_ L. F. '$eryice, Inc. , building, . south side Hummel Avenue, .Southol-d, New Xork, bounded-.,north .by Hummel Avenuq,, east -by. L. I. -Cauliflower Association.. South by-L. I. Railroad, and west by Ruth C. Houstori. Fee paid $15. 00. The Chairman opened the. hearing by .reading. application for a special exception, legal .notice, of hearing acid affidavit attesting to its publication in. the official newspaper. 4, � 1 Southold Town Board of Appeals -2- May .18, 1961 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT- KUTIL, Cutchogue, New York: I speak for the. application. THE' CHAIRMAN: The Sign proposed will have G. L. F. in 4 ft., letters and Garden -Center in 3. ft. letters. In discussing this applicatioxi..we determined that if we consider the space occupied by the .letters , they do fall within the prescribed limitations of the Ordinance as far as square footage and maximum length. However, the point. of issue here is the fact that the applicant requests a sign which .would be non- conforming. A business is permitted one detached or ground sign 6 . ft. 6 in. by 12 ft. 6 in. , and onevall sign attached to -or incorporated' in each building wall on a public street and adver- tising only the business conducted in such building with certain limitations. In this case the. applicant has one wall sign and he is on a public street and he is zonedfor 'business and the sign is permitted on the public street, it . is not permitted on any other wall of the building. He is now asking. for permission to place this sign on the back -of the building. By placing it -.on the back of the building it would face a public street some 700 ft. distant and catch the attention of the people passing on that public street. Mr. Kutil, I, have a picture I took from behind the fire house, is this: a picture of the G. L. F. building? MR. KUTIL: Yes, it is. THE CHAIRMAN: Do you have anything further to add to the application? MR. KUTIL: Plus what I said in the application, the place is 700 ft. away and it is to attract people passing. through Southold. The local people know where we are.. Hummel Avenue is a dead end, it runs from Boisseau to Youngs Avenue. THE CHAIRMAN: Is there anyone else pr.esent .who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? r t Southold -Town Board of Appeals -3- May 18, 1961 (There was no response. ) MR. KUTIL: If you turn this application down, on what grounds will it be denied? THE 'CHA,IRMAN: First, a special exception requires that a .number of -conditions be fulfilled and that-we do not violate a number of conditions already stated in the Ordinance. This area is between the fire house and the railroad which in all probability will develop in a residential use. It is unlikely that business will locate in back of the fire house. Secondly, in...,-view of the. character and development of the Main Street .of Southold and the attractive-appearance of it, the granting of a. wall sign back from ..the Main }.toad `would depreciate- the area. Conservation of property values is involved. MR. BERGEN: Also, I am sure that if we issue a sign like that .to one person, soon someone else in a .similar. situation will come in and want one like it. THE CHAIRMAN: Wd cannot equalize business opportunities. You enjoy low taxes because you ..are located off the Main.. Road. MR. KUTIL: Do taxes have anything to do with the denial of this ,application? THE CHAIJtMAN: None whatso ever. MR. ROSENBERG: Mr. Kutil, you now have a standing sign. You are permitted to take down that standing sign and erect a sign 6 ft. ' 6 in. in height by 12 ft- 6 in. in width and 15 ft. 6 in. from the ground level in the back, of your property. You would need no permission from the Board of Appeals to -do that. However, you would have to remove the present ground sign which is located on. the front of your property. MR, KUTIL: I did not .real.ize that. The Board of Appeals finds that the . location of a wall sign on the rear of the Suffolk Coop. G.. L. F. Service, Inc. building would prevent the orderly and reasonable use of. adjacent.. property or of property in adjacent use districts; the use mould prevent the orderly and reasonable use of permitted or legally established uses in the district .wherein the proposed uses are located or of permitted or legally established uses in adjacent use districts; Southold Town Board of Appeals -4- May 18, 1961 the safety, the health, the welfare, the comfort, the convenience or the order of the Town will be adversely affected by the proposed use and its location; and the use will. not be in harmony with and promote the general purposes and intent . of this Ordinance. - In addition, the proposed. sign would adversely .affect the character of the existing and probable development of 'uses in the district ,.and the peculiar suitability of such district. for the location of any of such permissive uses. The land to the south of the proposed sign .location will undoubtedly develop in residences and this proposed .sign would affect the conservation of property. values. and would not encourage the most .appropriate use . of the . land, therefore , On motion of Mr. Gillispie, seconded by Mr. Bergen it was RES0L`7ED that Suffolk Coop. G. L.P. Service, Inc. be denied permission to locate wall sign on the rear.- of their building located on the south side Hummel Avenue, Southold, New York. Vote of the Board: .Ayes:- Mr. Gillispie, Mr.. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 369. - 8: 00 P.M. (E.D.S.T. ) , upon application of Helmut Hass, .Main Road, Gr-eenport, New York, a/c Southold Town Beach Motel, Southold, New York, for a special exception. in accordance with the-Zoning- .Ordinance, Article Iv, Section '408, for permission to erect, and maintain wall sign on westtiall of Southold Town Bea-ch Motel, south side Middle Road, Southold, New York, bounded north -by Middle Road, east by Hass, south by Hass, and_west by Wenzel. Fee paid .$15. 00. The 'Chairman opened the hearing by reading application for a special exception, legag 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? MR. HELMUT:HASS, Greenport, New York: I speak for the application. Southold Town Board of: Appeals -5- May 18, 1961 THE CHAIRMAN: You have already installed this sign, have you not? MR. HASS: It is just tacked on, not nailed on. . I put it .up/the area -could be measured. so THE CHAIRMAN: However, the sign is there. -- You also have a standing sign in about the middle of the building, right? MR. HASS,: Yes, but before you' hit the motel there is a curve and you have to pass most of the motel before you hit the sign in front. THE' CHAIRMAN: You .also have another .sign in the middle of the open land to the east, on which you advertise what? MR. HASS: That is an old Sign which I replaced after the hurricane. THE CHAIRMAN: It ,does advertise the motel ,doesn't it? MR. HASS: Yes. nrH , CHAIRMAN; In the "B" Business District you are permitted .a standing sign 6 ft. 6 in. it. height by 12 ft. 6 in. in width and 15 ft. 6 in. from the ground level, and one wall .sign facing the street :.on which the building faces. How many businesses are conducted on the premises?' MR. HASS: There are three -corporations. The Southold Town Beach Colony, the build-ing corporation, and the Southold Town Beach Motel, of which Tam .the only owner. THE CHAIRMAN: How many bungalows do you have? MR. HASS: I have six there. Five are sold. MR. ROSENBERG: Where your motel is located, the only business operated on the premises is the motel? The other enormous sign to the east is a non-conforming sign. advertising ;the motel? MR. HASS: The motel is the only business operated on. that lbt. The . lot is about 100 by 150 ft. The s-ign_ to the .east is nonconforming. I. put it up again after the hurricane blew it down. Southold Town Board of Appeals. -6- May 18, . 1961 MR. ROSENBERG: The lettering on the sign has been changed since zoning to advertise the motel. You did that. without -a permit. MR. HASS: I came for permission from Howard to put the . sign up after it -came down and he gave me the permission. MR. R OSENBERG: After the hurricane blew down smaller signs you put .up one big Sign advertising the motel, is that not correct? MR. HASS: Yes; that is right. 'MR. BERGEN: The State Highway Department finds that it is better to have signs mn the open road rather than on -curves. MR. RO;SENBERG: Mr. Hass, do you realize how many permissions you have for directional signs now? MR. HASS: No, I don't know. . MR. ROSENBERG: Ifyou are allowed a sign on the side .,of 'your building anyone else is allowed a similar sign, even a .department store. to MR. HASS: If I don 't get this, then I will have/put back the sign I had on the end of 'the building .before. THE .CHAIRMAN: When was that sign -put up? ,MR. BASS; When I built the motel. THE.-CHAIRMAN; Didn't you add on to the motel on the west end? MR. HASS; Yes, and I took the .sign and put it on the end . again. I moved the west .wall out .and the sign remained in place. THE `CHAIRMAN; By doing that you are violating the Ordinance. 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? Southold Town Board of Appeals =7- May 18, 1961 (There was no response. ) This applicant .r-equests permission to erect a wall sign on the. westerly wall of his business building. Upon investigation the Board finds that this is not. a corner lot, therefore applicant may only erect one wall sign .attached to or incorporated in the building wall facing on a public street, and one ground sign. At the present time the applicant has a ground sign in front of the motel and another ground sign on his property immedi.ately. to the east which was re-erected after the. enactment of the Ordinance .and which is of greater size than permitted by the :O.rdinance. The ground sign which is located in. front -of-his motel -and is electrical, may be moved to within 5 ft.. of the westerly end of his property line and enlarged to 6 ft. 6 in. in height by 12 ft. 6 in. in length and 15 . ft. 6 in. above the ground love, thus serving. the same purpose as the requested improper wall sign. The westerly wall is approximately 24 ft. long and 8 ft. high. This applicant is requesting ;a .use .which has been denied to all others. He presently has four directional and advertising signs strategically located through the township and these -signs give explicit directions as to mileage and location. In addition the applicant has four detached signs on his property or nearby. The motel is in a conspicuous place and there is no question .about it not being visible to the traveling public. This motel is directly opposite the Southold Town Beach and :on a heavily traveled section of highway which is -in a limited speed zone district. The Southold Town Beach , is maintained in excellent- condition and is used daily by hundreds -of visitors. The Board finds that the public convenience and.welfare and justice will not be served and the legally established or 'permitted use of neighborhood property and adjoining use districts will be permanently or -substantially injured and the spirit'.of the. Ordinance will not be observed, therefore On motion of Mr. Gillispie, seconded by Mr. Bergen., it was RESOLVED that Helmut Hass, a/c Southold Town' Beach Motel be .denied permission to erect, wall sign on the west .wall -of the S-outhol-d Town Beach Motel, Southold, New York. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, s Southold Taan Board of Appeals -8- May 18, 1961 Mr. A. V. Roche, Construction and Maintenance Supervisor for :Shell Oil Company in Suffolk .County, appeared before the Board of .Appeals to present .seVpral applications for special exceptions for the erection -of signs .at various Shell gas stations in the Town. He wished to place the signs .21 ft. in height and most of them 6 ft. from the property line with the sign facing , toward the road. He stated that the additional height . is request- ed because of the height..of many of the newer trucks, and the locations close to the property line because of poor visibility at the stations. The Board stated that they would set - up the applications for hearings and make an investigation of .each station. Resolution .was offered by Mr. Rosenberg, ..seconded by Mr. Bergen, setting 7:30 P.M. (E.D.S.T. ) , Thursday, June 1, 1961., T)wn Clerk office, Main Road, Southold, New York, as time and place for hearing upon application of A. V. Roche, a/c Shell Oil Company, P. O. Box 412, Babylon New York, for a special exception in -accordance with the-Zohing Ordinance, Article X., Section. 1007, Subsection A, for permission to erect ,and main- tain ground sign with .reduced setback and increased height. Location of property: south side Route 25, Greenport, New York, bounded north by Main Road, east by Cleaves Point..Corp. , south. by Robert .Preston and west by Ernest- Wiggins. Vote of the Board: Ayes.-- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg. Resolution was offered by Mr. Bergen, and seconded by Mr. Rosenberg, setting 7 40 P.M. (E.D.S.T. ) , Thursday, June 1, 196.1, Town 'Clerk Office, Main Road, Southold, New York, as time and place for hearing 'upon application of A. V. Roche, a/c Shell oil Company, P. O. Box 412, Babylon, , New York, for a special exception in.- accordance with the Zoning Ordinance, Article IV, Section . 408, for permission to erect and maintain ground-sign with ,reduced .setback and increased height. Lo- catnn -of property: - southeast .side Route ,25.' 'Southold, New York, bounded north by Main Road, east by J. Depaz, south by Millie Bailey, and west by Millie Bailey. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and, Mr. Rosenberg. Southold. Town Board of Appeals. -9- May 18, 1961 Resolution was offered by Mr. G.illispie, and seconded by Mr. Bergen, setting 7:50 P.M. (E,.D.S.T. ) , Thursday, June 1, 1961, Town Clerk -Office, Main Road., Southold, New York, as time and place for hearing upon application of 'A. V. Roche, a/c Shell Oil Company, P. O. Box 41.2, Babylon, New York, . for a special exception . in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect .and maintain ground sign with reduced setback and- increased height. Location of -property: north side Route 25, west side Peconic Lane.. Peconic, New York, bounded north by- A. Cierach, east by S. Cierach, south by Route 25, and -west. by Peconic Lane. Vote of 'the Board: Ayes:- Mr. Giillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. ,Bergen, seconded. by Mr. Rosenberg, setting 8; 00 P.M. (Z.D.S.T. ) , Thursday, ,Tune 1, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of A. V. Roche, a/c Shell Oil Company,, P. -O. .Box:412, Babylon, New York, for a special exception in accordance with th-e Zoning ordinance, Article IV, Section 408, for permission to erect -and maintain ground sign with reduced setback. and in-creased height. Location of property; north- side Route 25 and west - sidd Depot .Lane, Cutchogue, New York, bounded north by Alex Danowsk i, east by Depot .Lane, ,south by Route .25, and west by James Wickham Estate. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution .was .offered by Mr.. Rosenberg, seconded by. Mr. Gillispie, setting 8: 10' P.M. (R.D..S.T. ) , Thursday, :June 1, 1961, Town Clerk Office, Main Road, Southold, New York, for a'-hearing upon application of. A. V. Roche, a/c Shell -Oil Compan y,Po. Box 412, Babylon,' New York, for a special exception in accordance with the Zoning Ordinance, Article IV, ,Section 408., for per- mission to erect -and maintain Tound sign with increased height. Location -of:property: Hamilton Avenue and Wickham Avenue (County Route 27A) , Mattituck, New York, bounded north by Zimnoski, east -by Wickham Avenue, south by County Route .27A, and.west by other land of H. R. Reeve, Inc.. Vote of the Board: Ayes: - Mr. GilliSpie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -10- May 18, 1961 Resolution was offered by Mr. Gillis.pie, . seconded. by ,Mr. Bergen, .setting 8:20 P.M. (E.D.S.T, ) , Thursday, ,Tune 1, 19611 Town'Clerk Office, Main Road, Southold, New York-, as time and place for hearing upon application -of A. V. Roche, a/c Shell Oil Company, P. O. .Box .412, Babylon, New York, for a special exception in accordance-with the Zoning Ordinance, Article IV, Section 408., for permission to erect . and maintain g round .sign with reduced setback and increased height. Location of property: south .side Route 25 and old State Road and Bray Avenue, Laurel, New York, bounded north by Route 25, east by Della -Chew, south by .Old Road, and.west by Old Road 'and Main Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, setting 8:30 P-.K. (E.D.S.T. ) , Thursday, June 1, 1961, Town Clerk Office, Main Road; Southold, New York, as time and place for hearing upcn.. application of Greenport Lumber Division -of George L. Penny, Inc. , Main Road, Greenport, New York, fora special exception in accordance .with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain roof sign . on front .extension of business building located on the south , side Route 25, (Arshamomaque) , Greenport, New York, bounded north.by Peconic Bay Estates Subdivision, east by U. S,ledzieski, south by Railroad .and.west by Walter- Sage. Vote of the Board; Ayes:- -Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Rosenberg, seconded by Mr. Gillispie, setting 8:45 ' P.M. (E.D.,S.-T. ) , -Thursday, June 1, 1961, Town -Clerk Office, Main Road, Southold, New York, as time and.place for hearing upon application of Mattituck Merchants Association, Love Lane 'and Pike Street,, Mattituck, New York, for a -special. exception in accordance with. the -Zoning Ordinance, Article V, Section 5.02, for permission to erect and maintain directional sign on industrial property of Mattituck Oil Corp. , Luther Road and Mattituck Creek,Mattituck, New York. Vote of. the Board; Ayes:- Mr. Gillispie, Mr. Bergen, . and Mr. Rosenberg. Southold Town Board of Appeals --11- May 18, 1961 Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, setting 9: 00 'P.M. (E.D..S.T.. ) , Thursday, Jnne 1, 1.961., Town Clerk :Office, Main Road, , Southold, .New York, as time and place for hearing upon application of .Julius Zebroski, Bay View Road, Southold, New York, a/c Leslie Gazzola, 1170-81 Street, Brooklyn 2B, New York, for recognition of access in accordance With State of 'New York' Town Law Secti®n 280A. ,Location of property: xprivate right-of-way, south side Bay View Road, Southold, New York. Property bounded north by private road, east .by A. J. Gazzola, south by.canal, and west by private .road ,.and Zukas. Vote of the Board: Ayes;- Mr. gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offer-ed. by Mr. Bergen, and seconded. by Mr. Rosenberg, setting. 9; 15 - P.M. (E.D.S.T. ) , Thursday, June 1, . 1961, Town' Clerk Office, Main Road, " Southold, New York, as. time . and-place for hearing upon application of -Julius Zebroski, Bay View toad, ,Southold, New York, . a/c Prosper 'Clust, 40-85 Street, Brooklyn, New York, for recognition of access in accord- ance with the State of New York Town Law, Section 280A. Location .of property; private right-of-way, south side Bay View Road, Southol.d, . New York, bounded north. by Ray Boggiano, east by private road, south by Albert G. 'Bergen, .and .west-by Aaron Blakeman. Vote of the- Board: Ayes:.- -fir. Gillispie, Mr.. Bergen, . and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the- official newspaper under date of May 26,. 196.1. Vote of the Board: Ayes;- Mr. Gillispie, Mr. Bergen,. and Mr. Rosenberg. The Board also received an application fora special exception from George L. Penny, III, a/c James Mulvihill for permission to- replace all the cabins at-.Camp Momoweta, . Laurel Lake that accomo- date 6 to 10 children and -erect modern cabins.: accomodat.ing 12. It.was learned from the -building inspector ' that - a new -cabin is in the process of being erected without -.securing a building permit and two cabins were erected last year without building permits. Only one of these buildings had a special exception authorized. 1 i Southold Town Board of Appeals -12- May 18, 1961,. The Board forwarded a letter to Mr. Penny stating that .they were not scheduling Appeal No. 373 acting for James Mulvihill for a special exception to expand a non-conforming us-e'because of the fact the property is now in violation of the Zoning ordinance for xeason of the construction. of a second new cabin in addition to the one on. which permission was granted for construction August 1960. Neither building has a building permit and the newest building did. not have a special-exception authorized. Ignorance of the law -can har4ly,be pleaded as a defense since the same excuse'`was offered in applying for a special exception last August ,on the building which was authorized after it had been constructed: The next meeting of the Southold Town Board .of .Appeals will be held 7:30'P.M. , Thursday, May'251 1961 at. the. Town Clerk ' Offi-ce, Main .Road, Southold, New York. Meeting adjourned .at. 11:35 ',P.M. Respectfully submitted, Judith T. Boken Secretary