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HomeMy WebLinkAboutZBA-03/16/1961 r 7 ��S�FFOLK��G Southold Town Board ®f Appeals SOUTHOLD, 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 K'S SOUTHOI D. TOWN' 13PAPM 00 APPEALS March. 16:, . 1961. x regular meeting. of the Southold -T0WP hoard :of:Appeals was held 7 30 P:M. , Thursday, March ,1.6, 196,1. at the '`Town Cterk -Office, Main. Road, Southold, New York. There ,-were presents Messrs. Robert .W. Gillispie, Jr. , . Chairman., Robert. Bergen, Charles Grigonis, ;Jr. , and Serge Doyen, Jr. Absent: Mr. Herbert .Rosenberg. PUBLIC :HFARING: Appea-1 No. 343r - 7r30 P.M. (E.S.T. ) , , 'upon application .of William -Rodman Pell, .' 214 Atlantic .Avenue, Greenport, New York, fora special exception in accordance with the .Zoning prdinarice-, Article IV, Section 400; Subsection 9, for-permission to use premises as a public._ ,garage',.and automobile service .station. Location.-of property; north sid'e-,Route 25., We.st .Greenport., . bounded north by E. H. King., east .by E. H. King, . south by tMain Road, 'and . .west by E. I1. . King. Pee paid ,15. 00. The Chairman opened the hearing .by reading , applicatiom for special -exception, legal notice of hearing and affidavit attest . ing to its publication in -.the -official news,papdr. Southold Town -Board of Appeals -2- March. 16, 1961 THE CHAIRMAN: It .does not , indicate in the application, but the -area%we . are . talking about th4t..Mr. Pell owns is zoned Business. What: would be .a rough, description of the. lot IRVI,NG 'L. PRICE, JR. , ESQ. ,. Greenport:, 100. ,ft-. by 491.31 � ft. in ,depth. THE' CHAIRMAN�: Is there anyone present. who wishes to speak. . for this application? ' MR. PRICE: We believe that the application speaks for itself. Mr. Pell has built this building with the intention of using . it for . the service of his own vehicles. , ;He carries 'on,. a trucking business and to off-set the cost .to him he has made arrangements to .also operate as a public garage .and. service station. We feel it meets -the. requirements in-Article VIII ',Section- 801-C and.an examination of the premises would develop-.all of- the. necessary requirements that are .listed un.der ' that section .on pages 5 :and 6 in -the ordinance. If there are any -qudstions, myself. or .Mr. Pell would be. glad to answer them. THE, CHAIRMAN: The Board of Appeals is required to consider the various. qualifications :surrounding .approval of anT,action .which. they may, take in connecti-on :with .a special- exception. Npmber 'One the use will not prevent the- orderly and .reasonable use -of .,adjacent property ,Qr of property in adjacent .use districts. The. area belong- ing to the State and used as a ,.storage .area is ' 600 feet to the east ,and in.between1that area and. the Pell property .is undeveloped .land owned by. the Village -of>Greenport. and, used -as a bird sanctuary and the other is f$rm land owned by E, H.. .King. The land to the west is currently, pwned by E. H. King ,-and the Lutheran-Church. The use -will not prevent the-orderly ana .:reasonable.'us.e of permitted 'or legally .established uses in the. district.. We can s:k- p over that because the: area- is developing , as ;a business area -and there are ' no residences for. an, ar.ea. of at least 1000 ft.' in, ,.any direction. The safety, health, welfare, comfort, conyenience or order of .the Town will not be adversely -affected by the proposed- us.e and its location. This is a good. location for the operation because it.. is on a. .subsidiary ,road to the Xain..Road. The. use will be in harmony,with .and promote the general purposes. andintent -of the' Ordinancer it .will .not cause undue increase of vehicular tra-ffic.: congestion on public, streets -o.r Southold Town Board of Appeals -3- March 16, 1961 highways. It has been established that it is on a .subsidiary road to the Main Road. Will there be . off-street parking? MR. PELL: The front will be black-topped for an .area of 75 -by 100. ft. THE CHAIRMAN; How lazg is the building? MR. FELL: 52 ft. by 35 ft. It . is placed to one side of the lot, . two :feet from the west side line. The reason ..for that is I am buy;ing, another . 100 ft. to the- west of my 1ot for my own protection. THE. CHAIRMAN: As far: as I can see this proposed use fulfills all of these conditions we are required to consider to -grant .a' special exception. Is there anyone else present who wishes to speak for ' this application? 'MR. PRICE: Mr. Pell says that there is no place between Riverhead, and' orient to buy diesel fuel for trucks - and he intends to dispense diesel fuel and make truck repairs. Such places am in short _supply. THE CHAIRMAN: Are there to be any new or used motor vehicles for ' saleor hire? MR. PELL: No. THE' CHAIRMAN: A wrecking service? MR. ,PELL: No. THE' CHAIRMAN: No parking of vehicles other than those being serviced? MR. PELL: No, except for the vehicles of pelts }Seafood, which .is the reason I built the building. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There .was no response. ) Southold Town Board of Appeals -4 March 16, 1961 THE -CHAIRMAN: Is- there anyone present who wishes to speak -.against this application? (There was no response. ) THE .CHAIRMAN: Are there any other questions from anyone in connection with this application? (There was no response. ) Resolution was offered by Mr. Gillispie, seconded by -Mr. Bergen, and carried, WHEREAS Application of William Rodman Pell having been considered at Public-Hearing No. 343 on .March 16, 1961, and the Board finding that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property will not be sub- stantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOLVED that William Rodman Pell be granted permission to operate a public garage and motor vehicle service station subject' to the following -conditions: 1. No major repair work shall be performed. in- the open. 2. Pumps, lubricating and other devices shall be located at least. fifteen (15) feet from the line of any, street or highway, right-of-way or property line. 3. All fuel oil or similar substances shall be stored at least fifteen (15) feet - from -any street or lot line. 4.- No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted, -excepting vehicles owned by Pells Seafood or Pells Seafood, Inc. 5. Signs to be in accordance .with Article IV; Section 408 of the Building Zone Ordinance of the Town of Southold. Map of property sir veyed for William R. Pell, near Greenport, by Otto W. Van Tuyl & ,Son, dated March 6, 1961. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. Southold Town Board of.Appeals -5- March 16,. 1961 PUBLIC HARING: 8: 09 P®M. (E.-S.T. ) , upon application of Suffolk --Coop. G. L. F. Service, Inc. , for a special exception in accordance with the Zoning Ordinance, Article Iv, Section 408, for permission to erect (paint) sign on roof of Suffolk .Coop. G. L. F. Service, Inc. , building, south side Hummel Avenue, Southold, New York, bounded north by Hummel Avenue, east by �L.I. Cauliflower Association, south by L. I. Railroad, and west by Ruth .C. Houston. Fee paid $15. 00. 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 newspaper. THS' CHAIRMAN: Is there anyone present who wishes to .speak for this application: ROBERT J. KUTIL, Cutchogue, .New York: I speak for the. application. I am the Manager. The purpose of the sign is that we are expanding our business from the farm supply service to retail garden supply also. THE CHAIRMAN: Mr. Kutil has. asked for permission to put . the sign on the roof, but I have talked to him and he has agreed that . it would be jts t .as well to put it -on the side of 'the build- ing and unless he can present some reason for putting it on the roof that would influence this Board probably the Board will not .grant this application. Wh7 en I talked to you about this you agreed tl-&- there are only about two or three weeks out of the year that there are box -cars in front of the doors, thus blocking the sign. MR. KUTIL: Since you mentioned the doors I have not -been able to see: them because of the boxcars. THE CHAIRMAN: There is a varicolored asphalt. roof .and the sign would have to be startling to show up., whereas on the side of the building there is a white surface to work against. Is there anyone else present who wishes to speak for this application? (There was no response. ) TITS CHAIRMAN: Is there anyone present who wishes to speak against -this application? (There was no response. ) Southold Town Board of .Appeals -6- March 16, 1961 THE CHAIRMAN; Mr. Kutil, do you have anything to add? MR. KUTIL: No, sir. MR. BERGEN: ' I am not .in favor of putting the sign on the roof because it-will set a precedent. I think it . should be on the side of the building. Resolution was offered byMr. Bergen, seconded by Mr. Grigonis, and carried, WHEREAS application of Suffolk Coop. G.L.F. Service, Inc. , having been. considered at' Public Hearing No. 342 on March 16, 1961, and it is the finding of the Board of Appeals that .the use will prevent the orderly and. reasonable use of permitted or legally established uses in the district .wherein the proposed use is to be. located and will prevent .the orderly or legally established uses in adjacent use districts. It will not be in harmony with and promote the general purposes and intent of the Ordinance, primarily because of the location .of this property with respect to valuable residential property to the south, which is expected to be developed for residences. The requestedpermission -will not encourage the most appropriate use of- the land to the south and would certainly establish a precedent . for all businesses locatedin areas remote from the main roads in . the Town of 'Southold, therefore be it RESOLVED that the application of Suffolk Coop. G.L.F. Service, Inc. , for a roof sign be denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. Mr. Robert Ketcham, Jr. appeared before the Board of Appeals to discuss filing applications for special -exceptions for directional signs for the Sunset Motel and Cozy Cove Cottages. On motion of Mr. Bergen, seconded by Mr. Doyen, and carried the Board of Appeals set 11:30 A.M. , (E.S.T. ) , Wednesday, March 29, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Robert Ketcham, Jr. , Bay. Lake Park, East Marion, New York, a/c Sunset Motel, Middle Road, Greenport, New York, for special exception in Southold Town Board of.Appeals -7- March 16, 1961 accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to. erect and maintain directional sign on the property of Mario Ciacia, south side Route 25, east of Pipes Neck 'Road, Greenport (Arshamomaque) , New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. On motion of Mr. Grigonis, seconded by Mr. Bergen, and carried, the Board of -Appeals.. set 11,40 A.M. (E.S.T. ) , Wednesday March 29, 1961, Town" Clerk Office, . Main .Road, Southold, New York, as time and place for hearing upon application of Robert Ketcham, Jr. , Bay-Lake Palk , East. Marion, New York, a/c Sunset Motel, Middle Road, Greenport, New York, and Cozy Cove Cottages, Bay Avenue, East Marion, New York, fora special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, Sub-- section 11, for permission to erect and-maintain directional sign on the property of Clementine Rutkowski, south side Route 25., west .of Shipyard Lane, East Marion, . New York. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. It was further RESOLVED that legal notice of hearing be published in the official newspaper 'on March 24, 1961. Vote of the .Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and'Mr. Doyen. Mr. Ketcham discussed with the Board the matter of directional signs for the Sterling Harbor Marina, Greenport. On the location of one proposed sign the re is question of. obstructing Visibility and the Board decided to look at the property before Mr. Ketcham makes an application. The minutes of the meeting of March 7, 1961, on motio n of Mr. Bergen, seconded by Mr. Grigonis, and -carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. - Bergen, Mr. Grigonis, . and Mr. Doyen. APRO Dting adjourned at 10: 00 P.M. Respectfully submitted, C airman Board of App Is '�udith 'T. Boken, Secretary