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HomeMy WebLinkAboutZBA-08/06/1959 o� Southold T 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. MINUTES Southold Town Board of Appeals August 67 1959 A regular meeting of the Southold Town Board of Appeals was held Thursday, August-6' 1959, 7:30 P.M- 9 at the Town Clerkts Office, Main Road. , Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. , Chairman, Robert Bergen_, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr. , and Serge Doyen, Jr. Also present: Mr. Howard M. Terry, buildirg Inspector. PUBLIC HE.ARI G: Appeal No. 201 . Application of Stevan Banick, Hyatt's _Road, Hortonts Point, Southold, New York, 7:30 P.M. - for a variance in accordance with the Zoning Ordinance, Article III, Section 303 ; and Article X, Section 1000A, for permission to reduce frontage anduse ,as a single lot, property located on the south side of private road (Hyattts Road), off Soundview Avenue, Southold, New York, and bounded north-by Private Road,.. east by Neslage, south by other lands of the applicant, and west by Witherspoon. Fee paid $15.00. The Chairman opened the hearing by reading letter from applicant, notice of disapproval issued by the Building f Southold Town Board of .Appeals -2- August 6, 1959 Inspector, application, legal notice of hearing, and affidavit attesting to its publication in the official newspaper* CHAIRMAN: Is there anyone present who wishes to speak for .this application? MRS. STEVAN BANICK, Hyatt's Road, Horton's Point, Southold,. New York, stated she appeared for the application. CHAIRMAN.- The mortgage that is mentioned in the appli- cation is on which piece of property? MRS. B_ANICK: On the piece behind the one facing the Sound. We bought it after we had purchased '.the larger piece which has the house on it. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? Are there any questions members of the Board would lilm to ask Mrs. Banick? (No one wished to speako) Resolution was offered by Mr© Bergen, seconded by Mr. Rosenberg and carried, WHSRFAS application of Stevan Banick having been considered at Public Hearing No. 201 on August 6, 1959, and the Board finding that strict application of the Ordinance would produce undue hardship because applicant would be unable to sell the lot,which is of no use to him,without the requested variance. The situation is unique and would not be shared by all properties alike in the immediate vicinity because no two properties are alike in size in this area, and this is one of the few lots that are undersized remaining un- developed. The public convenience and welfare and justice will be substantially served and the legally established or permitted use of neighborhood property and adjacm t use districts would not be substantially orpermanently injured and the spirit of -the Ordinance would be observed because the lot has been landscaped and used as it present is for many years, therefore be it RESOLVED that the application be granted .as applied for. Vote of the Board: Ayes:- , Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: 7:1-5 P.M., Appeal No. 202, Application of Peter Karas, Bay Avenue, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 3007 Subsection 112 for permission to erect and maintain Southold Town Board of Appeals -3- August 69 1959 a directional advertising sign on the northwest side of Main Road) Greenport, New York ' on property being in the estate of Sam Ciacia) west of Chapel Lane. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, letter of permission from the property ovner y legal notice of hearing and affidavit .attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak ' for this application? PETER KAR.A,S) Bay Avenue, East Marion, New York: I speak for the . application. I need the sign as the application says. CHAIRMAN: Is the picture herein the file the sign you are going to put across the street' on the Ciacia property? MR. KARA : Yes-. I am making the background white so that it will show up. MR. TERRY: The sign has already been moved from where it is in that picture. CHAIRMAN: Is there anyone .else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? It should be pointed out that this sign must be at least five (5) feet from any property- line. MR. TERRY® That would mean 15 ft. north of the pavement in that particular spot. CHAIRMAN: I would also like to point out that it is illegal to erect any sign at any time without first obtaining permission. Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen and .carried) WHEREAS application of peter Karas having been considered at Public . Hearing No. 202 on Augtr t 69 1959s and the Board finding that the public convenience and .welfare agd . 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 the application be granted as applied for with the sign being located no. closer than five (5) feet from any property line. Vote of the Board: Ayes:- Mr. Gillispie) Mr, Bergen, and Mr. Rosenberg. Southold Town Board of Appeals August 69 1959 PUBLIC 11EARING: 8:00 P.M.y Appeal No., 203' - Application of Thomas LaColla9 Main Road, Southold9 New York, for a special excep- tion in accordance with the Zoning Ordinance, Article IV9 Section 1+08, for permission to erect and maintain a neon advertising sign on the roof of "LaCollats Tavern""9 north side Main Road, Greenport (Arshamomaque), _New York. Fee paid $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® CHAIRMAN Is there anyone present who wishes to speak for this application? MRS. THOMAS LaCOLLA9 Main Road' Greenport (Axshamomaque) : We really do need. this sign as the advertising up to this time has put the pizza business over. CHAIR14AN: I wish to say that this is a Town Ordinance and it is necessary to have a public hearing to determine all facts® We have had as many as 500 signatures ona paper in opposition to a sign. You presently have a sign on the roof and a sign on tYB west end of the building reading "Tavern?" MRS. LaCOLLA: The sign on the roof is only a painted sign® CHAIRMAN® But the sign can be floodlighted? lWo LaCOLLA: Yes, but it never iso MR . TERRY, Building Inspector: The "Tavern" sign is built right into the roof. (The Chairman read .Article IV9 Section 408, Subsections aoand b.pertaining to signs in a "B" Business District.) CHAIRMAN: Is - there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? Are there any questions members of the Board would like to ask? - MR. ROSENBERG: Mrs. LaColla9: do I understand that you would be willing to suppress one of the'. signs if you are allowed to keep this pizza sign on the roof? MRS. LaCOLLA: I would only be able to have the one on the age painted out9 but I would be willing to do that to keep ih is new sign. Southold Town Board of Appeals -5- August 6, 1959 CHAIRMAN: The sign on the westerly end of the building has been there how long? MM. LaCOLLAA: Since the building was built. CHAIRMAN: And this pizza sign is an additional sign? MR. TERRY: A third sign, actually. TheBoard inquired as to the operations being conducted in the Tavern, such as procedure of making and selling pizzas, and seating capacity. Mrs. LaColla stated that most of the sales were made at the Tavern and very few people, called by phone to order pizzas. It takes approximately 15 minutes to get a pizza. The .se'.at:i.ng capacity at tables, outside of the bar, is about ' 50. CHAIRMAN: Who erected the - sign for you? MlS. LaColla: I believe Ed's Sign Service. M. TERRY: Mr. LaColla stated to me that it was Stivers from Riverhead. CHAIRMAN:, Then Stivers is also in violation for erecting an illegal sign. A letter should .be forwarded to Stivers advis- ing of. this and forwarding him a copy of the Ordinance and point out appropriate sections pertaining to the erection of signs in a t'B" Business District and elsewhere. I believe that the only possible solution to this would be that one of the signs be removed or painted out. MR. ROSENBERG: I would like to see the large Tavern sign painted out. Resolution was offered by Mr. Bergen, seconded by .Mr. Rosenberg and carried, WHEREAS application of Thomas 'LaColla, having been considered at Public Hearing No. 203 on August 6, 1959, 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 would be observed, therefore be it RESOLVED that the pizza sign be permitted as a special exception and that the portion of the sign on the roof referring to "Tavern" be eliminated by painting over in solid colors. The elimination of the "Taverhil part of the ridge sign shall be affected within 30 days from .this date. It is further stipulated that any other violation in connection with signs at this place Southold ToVm Board of Appeals -6' August 6, 1959 of business will automatically revoke the premission granted herein. Vote of the Board: Ayes- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The members of the Board briefly reviewed the proposed rules and regulations for sandpits. The next meeting of the Southold Toim Board of Appeals will be held Thursday, August 13, 1959, 7A30 PmM.' at the Town Clerk's Office, Main Road, Southold= New, York. Meeting adjourned at 9:15 P.M. Respectfully submitted, Judith T. Boken Secretary Qa 0 �oa�