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HomeMy WebLinkAboutZBA-08/20/1959 �o�vFFO�COG En Southold Town Board ®f Appeals SDUTH®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. MINUTES Southold Town Board of Appeals August 20, 1959 A regular meeting of the Southold Town Board of Appeals was held Thursday, August 20, 1959, 7:30 P.M,' , at the Town Clerks Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. , Chairman' Robert Bergen, Herbert Rosenberg, and Charles Grigonis , Jr. , who appeared after the meeting had been call- ed to order. Absent: Mr. Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector. Mr. Jack J. Levin, Manager, Sound Shore Motel, appeared ber6re the Board of Appeals, at the Board's request, to complete appeals No. 205 and 206. The Chairman read the legal notice of the hearings which is as follows: 117:50 P.M. (E.D.S.T.) , upon application of Jack J. Levin, Manager, Sound Shore Motel, North Road, Greenport, New York, for a special exception in accordance with the Zon- ing Ordinance, Article III, Section 300, Subsection 117 Southold Town Board of Appeals -2- August 209 1959: for permission to erect' and maintain a directional .' advertising sign on the .west side of intersection of „ Albertson Lane .and North Road, Green,port, New York. 118:00: P.M. (E.D.S.T v)9 upon' application of Jack J. Levin, .Manager', Sound Shore .Motel, North Road, Greenport, New York,, for a special exception in accordance with the .Zon- ing Ordinance, Article III, Gection 300, Subsection ll, for permission to erect and maintain a directional adver� tising sign on the east side of .Chapel Lane, near the North Road, Greenport; New York;" The, Chairman then read the minutes of.August 13 ) 19597 at which time the. appeals. 205 and 206 were first considered and then held over.- to this date.. CHAIRMAN: Is there .anyone present who would like'. to ask Mr. Levin any questions in connection with this? If -not, I have. Where the application says "I wish to replace my small ' and inadequate sign", is that sign, on County property? MR. LEVIN: It possibly is on' Courity property, However, - I have permission to put up 'the ,one on Albertson Lane. Both signs are very necessary to' lead tourists to my motel from the ' Main Road, by way of Albertson and Chapel Lanes, and it is primarily important to have signs there because they do not . know whether to turn left or right. Mr. King would have granted me permission to -have a sign there had Mrs. Jurzenia not insisted on complete. sign space for herself and absolutely insisted that I be kept .out of there_, she did the same thing on the. other side of Albertson Lane. I have always cooperated with her and helped her all I could. . She asked Witherspoon not to' rent ,me signs, and paid Ed King $100 to get me off the corner. , CHAIRMAN: It is entirely possible to have exclusive privi- ledge on the -property f_or .a sign, .and apparently, from, the letter of Mr. King'. with, regard to this sign' it...will be impossible for us. to grant anyohe else permission'. MR. LEVIN.: I will try to get other signs . in the area. CHAIRMAN: The first sign was erect at Chapel lane prior to the public hearing, is that correct? MR. LEVIN: It had been there unpainted for about a month. MR. TERRY: It was just standing there without any distinct lettering or painting. CHAIRMAN: Under the Ordinance, to locate and erect a new sign you have .to go through this procedure that we. have outlined Southold Town­Board of Appeals -3- August 209 1959 here. Holding a public hearing which takes about two weeks, and after this' Board' has granted permission then to sign 'may be erected. However you erected the sign before you had permission from this Board or the owner of the property. What, reason do. you, 'give for. that? Mft. hEVTN: Z'.cangt explain. that® CHAIRMAN: You disregarded the Ordinance? 1M. LEVIN: Probably a misunderstanding on my part. I put it there thinking. it.would replace '�the sign I. had there peviously. I have no defense, I ,just did it'. CHAIRMAN: -I went by ' just 'after we asked you to take it down. It was down .Friday noon.: why. would -you. add, insult .to injury by . .putting .°it up at Albertson Lane? MR, hEVIN: I had to. move - it somewhere, and thought it was alright to. put it up there. ,Z paid for the sign. The Chairman explained the purpose of the $15.00 fees :and went on to state that ' the Board has' had as many as 500 people interested in a sign9 and the ,work the Board: of.. ,Appeals has gone to, to make the rules .fair to the, sign people, owners of property and the traveling 'public. MR. .ROSENBERGc, I. understood-you--;to say a .few minutest ago that the -sign at Chapel Lane' .is to direct the people coming rom Greenport.. or: Orient point° so- they would be able to find you. You also have a sign at the intersection at Greenporty a. large sign that says Sound Shore. M6tel. 1/2 mile or two miles or whatever. 'Why .do you think those people would turn oft between the traffic circle and. your motel? why would they not go straight ahead :on the road as. the.. sign says? MR. LEVTN: , People have a tendancy to. turn off_ at Chapel Bane because of. the sharp curve at that point. I have been. denied that sign so that is .out. . CHAIRMAN a You have not `been denied permission by this Beard. "We cannot grant you permission if the property ovner refuses.to' give you permis.sion® MR. ZEVIM, How about other signs, I have none for the GreenpQrter at, all. . . Could 'I get any ,signs ..for that? I. am all for Zoning: Zoning is for planned growth. I have done as mucYi to bring the desirable' people to this. area_ as anyone. MR. ROSENBERG: I had . the. impression that the sign at Albertson T,ane, 1/2 mile west of you, viasnat that covered for Southold Town Board oAppeals August 20' 1959 a while on Friday or Saturdays MR. LPUSN,:: ; I ;to1d:;.Howard "ao .'co ;er,. t up.' I :thought " Howard took it..of"f "be cause it 'was" his canvas.' , MR A TERRYi ;. I".:.think it was a s pite;' "j,ob® Saturday after "I stopped„where Jack=,was w6rking and I� discussed' it with him so' there' would. be no ,problem of charging him with .display ing the sign-illegally., I;,offered to •lend him my drop cloth to cover it with. I- covered it 'and tied it .with weatherproof twin, .it should -.have stayed there through .a gale_. _ MR, LEVIN: I assume that' 'Howard '•took it -off a MR. TERRY: Ispoke- to Jack about 'it ''end he agreed that it was the, proper thing to .do CHAIR1,2AN: . You are referring to-, this ."sign which we took the picture of? MR. LEV IN a Ye s "that -is the one MR'. R.OSENBERG: .Did .you, put ,the .sign at Albertson bane. MR LEVINs. . I -put it there': MR ROSENEERG: . You ordered' it' placed there? MR'. .'LEVIN*- "".Yes. The effectiveness .of -the sign on Albertson Lane' with" rsferen.ce -to the traveling public 9 .and the' affect of. f the .Sound Shore Motel sign .on the Silver Sands, Motel sign, was "discussed." MR. LEVIN I had ;'a ,sign -on Albertson "bane long before zoning. It .was stolen before` or . during last winter. Sound view and .I had . a ''sign on the-.Main Road: other .. end the oche . end of" Albertson Lane before.. the road vient through7. but. Rempe .wontt let us put it up again' now® CHAIRMAN; As far as .Mis. Jurzenia appearing here on this has not influenced..us® We asked. you to move ,that "sign at Chapel Lane .-and .you put ,it at "Albertson Lane. MRIQ LEVINt ' That is' correct:`, To" save time I tock.it from: one location and put it at another'. . MR. ROSENBERG a Assuming that' that sign of S. it Ver Sands Motel is d6 n at Albertson"Lanej .assum.ing that it is out of -the way7 what reason do you have ,for this other sign that is there now? Southold' Town 'Board; of Appeals 5- August 20, _1959 MR. T,EEVIN% As a dhrectiorial_ ..to people' coming, from the. North'Road.down. . . I had':a. sign there. before Zoning. dnd I still. think 'it is `important. „ MR. R OSENBERG: And about the one at Chapel Lane? 1V1.. LEVIN:: I. think it is .co nfus ing to the tourist to 'ge t to the head of the road .and see..'the Silver Sands Motel direct- ional .then pointing back in` .the, {direction they had jus-tcome. People can get lost .a bbck' away _from the 'place, and 'most -women do' not know their left .from their ' right. CHAIRMAN: It would be your ''opinion 'that, a motel located . on the North. Road' ---- MR: LEVIN: Would want to get: signs on the North Road and . the Main Road. . CHAIRMAN: The one at ' tho. blinker in Greenport is important? MR., LEV-IN:: D.ef init ely, 'it' directs people coming from Orient Point. MR. ROSENBERG: You.have `one ;at. Bois"seau? . MR.' LEVIN: That''is the .first one in the. Town�from the we.s t 9. however, the. four, at Main` Roadand Chapel Lane and Main Road and Albertson Lane- and .North and .Chapel: and: North and Albertson are focal''.points and. very important,' in_fact - the most important to .the business. .. I think each motel. should, be granted 'directional signs',to direct -people to the motels. THE CHAIRMAN': The question is how many. The signs were put up by-the sign, painter? MR® LEVIN.. Mr. 'Pemberton just paints the signs. . 'I absolve . him of all responsibility-, I asked, him to 'paint, it -and he pdin.ts' (CHAIRMAN: Appeal Noo 206 will be continued until Mr. Levin finds a new location, is- that .agreeable to.. 'the Board? Vote. of, the Board: Ayes:- Mr., Gillis pie Mr. Bergen, Mr.. Rosenberg, and Mr. Grigonis. MR. LEVIN: Mr. Rempe refuses permission .to Ed Speeches. and I because. of Mrs. Jurzenia® 'Ve �had. had a sign cooperatively at Main, and'Albertson .for. years Also a .sign. had been at Albertson and North. Road for years. CHAIRMAN: The sign that is there now? Sou.tholdTown Board',of.Appeals -6- August 20). ,1959. Mft. hEV:IN: !'It was a .non-conforming sign. It had been .there for- seven years; from the start o my "operation:. - I had four signs 'at the focal points' mentioned before. The ,.one' at North Road and Albertson Lane was .knocked dbi n. and taken last i%Tinter e " MR. HOWARD ' TERRY: That -is ?ight�j it disappeared. last ,.winters CHAIRMAN: Mr. Levin, what do you. suggest .would be fair` in your. case at :.Albertson "Lame? MR. LEVINs I think permission.', .should be. ,granted to have. the sign at Albertson and 1 mission at another location, if and 'when I get another location. MR. .ROSENBERG':: The Chapel Larne one is being held in abeyance ' . , until such time as .you get another.' sign location,. , CHAIRMAN: We, are not •here to :prevent Mr Levin from having: a sign these'- he .cannot as 'he "does not ,have permission- from- the property ovmer. '=.THE'"ClIAIR-AN. If he is granted permission to have ' the sign at Albertson, .. the si gn. should be .perhaps block out, lfor " a . week-, to compensate for the . time he enjoyed last week. In that way- Mr. Levin, might...remember us. with pleasure I hope, (Mr. Rosenberg explained that ' the sign rules in the . Ordin ance were carefully, thought' out when being put into, the Ordinance so that they Mould be Fair.--to every-one®) , (The Chairman read the . procedure. 'adopted by .the, Board of Appeals on May 14,1958 relating -to the granting .of .special exceptions, for. business signs which are as follows: 1. Applicant must. present."with, his application' a letter, . signed by_ the owner of .the property, granting perm3s si.on to erect n a 'sign o . said.. premises Permits should be granted with a definite limit set in the special exdeption, of"ter which a permit may- be revoked 'by `the Board �of Appeals if circumstances. change which involve granting , of the original special exception.�- 2. The .location chose by the applicant for erection of. 'a - , sign must meet the general standards.,set up ih, Articld VIM. Exact specifications. and description.must" be furnished. In the 1tM�' District a variance, would 'be required.. 3, The .purpose of such .a sign must" 'be directional in the public interest or convenience. as dis tinguished',fr ,m signs advertising the sale, of products or merchandise. . 'igns adver- Southold Town Board of Appeals August 20' 1.959 tis'in f business 'which provide food, shelter and amuse g .types o - meet: for' the' public are. -deemed in. the -public. interest and con- :venience. . 4.. The number of signs ,permitted per .business must be reasonable. as .determined by the Board'_in each case.) Resolution was, offered. by Mr. .Bergen' seconded by Mr® . Rcs enberg and carried,'' W AS application of Jack" J. h t- 13 having -.been- considered at Public. Hear.ing No. 206 on August ; . 19599 'and - continued to. August 209 1959; and the. Board .finding that the public„ convenience and welfare-land justice will be served, and, the legally established or permitted use of neigh- borhood property will "not ,be substantially or. permanently injured and the spirit off° `the ordinance, will be-- -,observed9 therefore be.;it BE OLVED .that the Appeal, No. 206 for the e,rect.ion and maintenance- of a ,directional. advertising:.s.ign. on the south- west trier' of Albertson:Lane and 1Vorth' Road be granted with the condition that the sigh :hot be",displayed. until August 281 1959, .arid ,it beblocke.d out until such .time. Permission is revokable for cause. Sign ,must be five. .feet from any p bperty line.. Vote of the ,Board Ayes:- Mr'. Gillispie' Mr. n. Berge ' Mr. Rosenberg 9 and Mr. .Grp gonis e;; ,' 'Mr.' Levin briefly discussed with theBoard of Appeals9 the possibility of :receiving permission for the erection- 'of. signs for the Greenpoxter Motel Greehport. . In. the matter of Sound Shore motel sign .having ' been' erecte.d I ithout: permission, and action brought against Mr.' Sherri.11 Pembertoni Southold, ,sign painter9 was. discussed'. ' Justice Henry A. Clark withheld service of Information pending the outcome of toanights hearing. The f_ollOw1.ing letter was forwarded- to .Justice Clark by the Chairman I'We' understand from .Mr. .Howard 'M. Terry that you are inter estedAn the... outcome of the, .Appeal No. 205 and ,206' ' 'in which Jack J. Levin� ,M6nager9 Sound hoe Motels applied for '.a special ex- ception in accordance with. the Zoning Ordinances Artie IIT.s Section ,3009, Subsection.. 119 for permission to erect and maintain a' directional advertising' sign at the intersection o�. Albertson Lane and' North Roads. and the intersection o_- hap el Lane. and , North.-Ro,ads Qreenport, :Vev ,York2 ,respectively. Southold Town Board . of Appeals -8 .August 20, 1959 "The Board granted the application for a directional adver' tiling . sign ,for .the Sound Shore Motel,', applied for on Appeal No.'. 206. on. Albertson,hane and North Road' prohibiting display until August 28th. "Appeal No 205 was continued until the applicant obtains a, suitable location where permission' has been granted by the owner of the property for erection of a sign. The southeast corner of. . Chapel Lane and Vo,rth Road has -been exclusively reserved ,so :far as motel ' sigris are concerned by the owner of the: land 'to` the Silver Sands Motel. The sign as it originally appeared at this :.location .had neither the.. permission of this Board, nor the permission of the -owner of .the lard. "r+Ir. , Levin took entire responsibility for the erection 'of the sL,gns.;at .both locations in the folloiJing words: ''Mr. Pemberton just paints the' -' signs-- I absolve him 'of any .responsibility. . I asked. him to paint it, and he painted it. t" A letter was also .forwarded .to 'Mr. Sherrill B. Pemberton , stating in parts "We understand that you have in your possession a copy of the Southold Town Building Zone Ordinance which we particularly direct your attention to Se'etion 1012 of Article X, ,relating ' to penalties and involving the owner, general agent and..:contractor of a building or premises when a violation of. the Ordinance has . taken place." Mrs. P. Tormey, .Chairman of, the Riverhead Board of Appeals appeared at bur meeting to observe this Board in action. Mrs. , Tormey and the Board discussed various sections of. the Riverhead Town Building Zone Ordinance and the Southold' To'in Building Zone Ordinance.. The minutes of the meeting of August 13, 1959,. on motion of Mx. Rosenberg, seconded by Mr. Bergen, and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. : Rosenberg; and Mr. Grigonis. The Board of Appeals discussed a possible aendment to the Zoning 'Ordinance with relation to a sign -in the business . dis-' trice. the following le.tter 'was forwarded to Robert W. Tasker, Town Attorney: "Under our Ordinance 7 -where no building line has been established in the' "B".. Business District, the front yard require Southold Town Board of Appeals , August 20� 1959 meet is 25 feet, but a standing sign as large as 81 square feet may be placed on the property within five .feet of the building l i.ne m "It is our thought that you might want to consider this , together with the other amendments you are working on, so that in a new "B" Business District, such as North Road, tie appear- ance of the-property will not be completely downgraded if signs are permitted five feet from the front line where the building proper must be 25 feet.12 The Board received the description. or property C.B.S.e Marr, Rochelle Place, Mattituck,. .sold as a single lot. Appeal'*200 dated July 3 , 1959, and .hearing held Thursday, July 23, 1959. This description and map .of property to be conveyed by C.B.S. M-arr, surveyed August 107 1959 by Otto W- Van Tuyl & Son, were ordered filed in the Marr appeal folder. A brief discussion was held relative to the forthcoming hearings of Helmut Hass for permission to erect and maintain directional advertising signs® Meeting adjourned at 10;30' P®M3 Respectfully submitted9 udith T. Boken Secretary oar o