HomeMy WebLinkAbout2733
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TO~N OF SOUTHOLD, NEW YORK
ACTION OF THE ZON1~G BOARD OF A~PEAL$
AppealNo. 2733 Appl ication Dated August ll, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. George Ahlers
855 Eugene's Road
Cutchogue, NY 11935
Appelant
at a meeting of the Zoulng Board of Appeals on September 25, 1980,
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
~(X) Request for a variance to the Zoning Ordinance Art. I I I , Sec.
( )
the appeal
100-32A
1. ~J(J~ :~cl~)gl)~/~N)q~ ~)~f~(~ ~gffi~ ~ ~ ~ ~r)/wva~ge~ X~X ~ Y~ ~(e'~ption ( ) be
~a~ed ( ) ~ de~ed pursuant to Article .................... Sect~n .................... S~se~on .................... para~aph
.................... of the ~ning Ordinance and the decision of the Bu~ding I~pector ( ) be revers~ ( ) be
~w,~v~e Public Hearing 8/28/80 9:45 p.m. Application of
George Ahlers, 855 Eugene's Road, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-32A for
permission to construct tower exceeding height limitations.
Location of property: 855 Eugene's Road, Cutchogue, NY;
bounded north byZabriski, west by Ward, south by Eugene's
Road, east by Erickson; County Tax Map Item No. 1000-97-2-18.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
(SEE REVERSE SIDE)
difficulties or unnecessary
(b) The hardship created (is) (/s not) uulque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district becauseTM
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
ZONING BOARD OF APPEALS
FORM ZB4
After investigation and personal inspection, the Board
finds as follows:
Appellant has appealed to this Board seeking
to the zoning ordinance for permission to erect a
high radio tower in the rearyard area.
a variance
60-foot
The premises in question is a parcel of land containing
approximately 15,993 square feet in area, with lO0' road
frontage off Eugene's Road, and zoned A-residential. There
is presently existing on the premises a one-story frame
house with attached garage, in-ground swimmingpool and
small shed at the northeast corner.
On August 15, 1980 this matter was referred to the
Federal Commuhications Commission; and their only response
was they could not determine transmission interference until
the tower was constructed and utilized.
The Board finds the circumstances present in this case
are unique, and strict~application of the ordinance would
produce practical difficulties or unnecessary hardship. The
Board believes the granting of a variance in this case will
not change the character of the neighborhood and will observe
the spirit of the zoning ordinance.
On motion by Mr. Douglass, seconded by Mr. Goehringer,
it was
RESOLVED, that George Ahlers, 855 Eugene's Road, Cutchogue,
New York be granted a variance to the Zoning Ordinance,
Article III, Section 100-32A permitting to construction of
a radio tower approximately 60' high as applied for and
subject to conformance with the regulations and requirements
of the Federal Communications Commission as may be applicable
under the circumstances.
Location of property: 855 Eugene's Road, Cutchogue, NY;
bounded north by Zabriski, west by Ward, south by Eugene's
Road, east by Erickson; County Tax Map Item No. ]000-97-2-18.
Vote of the Board: Ayes: Messrs. Gr.igonf~', D·~ye'n, Douglass,
Goehringer and Sawicki.
APPROVED
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CT.~RK
DATF~/ o/f /F~ HOUR
Town Clerk, Town of Southold
C)
struct addition to dwelling with insufficient sideyard setback.
Location of property: 1850 Albo Drive, Laurel, NY; bounded
northwest by Wells Road, southwest by Albo Drive, southeast by
Bray Ave. and Butterfield, northeast by Robson; County Tax Map
Item No. 1000-126-8-12.
8:30 p.m. Application of Ernest G. Radford, 8220 Main Road,
East Marion, NY 11939 for a Variance to: (a) Zoning Ordinance,
Article III, Section 100-31 for approval of insufficient area,
and (b) N.Y. Town Law, Section 280-A for approval of access..
Location of property: South side of Main Road, East Marion, NY;
bounded north by Main Road, west by Karas, south by Anderson &
Smith, east by Gardiner, Dean & Smith; County Tax Map Item
No. 1000-31-8-1.
8:45 p.m. Application of Katie J. Dexter, Park Avenue, Matti-
tuck, NY (by Gary Flanner Olsen, Esq.) for a Variance for
approval of access, N.Y. Town Law, Section 280-A. Location
of property: South side of Park Avenue, Mattituck, NY; bounded
north by Park Avenue, west by Holman, south by Great Peconic
Bay, east by Sarkisian; County Tax Map Item No. 1000-123-7-9.
8:55 p.m. Application of Katie J. Dexter, Park Avenue, Matti-
tuck, NY (by Gary Flanner Olsen, Esq.) for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for approval of
insufficient area. Location of property: North side of Park
Avenue, Mattituck; bounded north and west by Chase, south by
Park Avenue, east by Sark Equities, Inc.; County Tax Map Item
No. 1000-123-1-6.
9:15 p.m. Application of George Ahlers, 855 Eugene's Road,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-32A for permission to construct tower exceeding
height limitations. Location of property: 855 Eugene,s Road,
Cutchogue; bounded north by Zabriski, west by Ward, south by
Eugene's Road, east by Erickson; County Tax Map Item No.
1000-97-2-18.
9:30 p.m. Application of Francis J. Murphy, Box 84, Main Road,
Mattituck, NY for a Variance to the Zoning Ordinance, A~ticle
VII, Section 100-71 for approval of the construction of portico
with an insufficient frontyard setback. Location of property:
8700 Main Road, Laurel, NY; bounded north by Main Road, west by
Rodden, south by Murphy & Old Main Road, east by Old Main Road;
County Tax Map Item No. 1000-127-7-6.2.
Dated: August 14, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers:
Please publish once, to wit, August 21, 1980 and forward nine
(9) affidavits of publication to: Board of Appeals, Town Hall,
Main Road, Southold, NY 11971. (765-1809 or 1802)
8/15/80 copies to:
Mr. Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Ft. Wash, PA 19034
Ms. Clara Prout, 107 Greenacres Ave., White Plains, NY 10606
Mr. Thomas Reed as agent for Ms. Prout, Pine Neck Rd., Southold.
William H. Price, Jr., Esq. (Re: Brophy), Front St., Greenport
Mr. and Mrs. Frank E. Brophy, 75 Second Street, New Suffolk, NY
Mr. William Schonewald (agent for Reinertsen), Box 23A, Matt, NY.
Mr. Ernest G. Radford, 8220 Main Road, East Marion, NY 11939
Ms. Katie J. Dexter, Park Avenue, Mattituck, NY 11952
Gary Flanner Olsen, Esq. as agent, Main Road, Box 38, Matt., NY.
Mr. George Ahlers, 855 Eugene's Road, Cutchogue, NY 11935
Mr. Francis J. Murphy, Box 84, Main Road, Mattituck, NY 11952
Town Clerk's Bulletin Board
Suffolk Times, Inc.
Long Island Traveler Watchman, Inc.
Supervisor W. Pell
NOTICE OF
PUBLIC HEARINGS
Pursuant to Section 267 of
the Town Law and the Pro-
visions of the Amended Code
of the Town of Southold, the
Bay, east by ~arKlSlan;-Loun-
ty Tax Map Item No. 1000-
123-7-9,
9:20 p.m, Application of
Katie J_~'ter (by Gary
Flanner Olsen, Esq.), Park
Avenue, Mattituck, NY 11952
for a Variance to the Zoning
Ordinance, Article Ill, Section
100-31 for approval of in-
sufficient area. Location of
property: North side of Park
Avenue, Mattituck; bounded
north by Chase, west by
Chase, south by Park Avenue,
east by Sark Equities, Inc.;
County Tax Map Item No.
q:30 p.m. Application of
Charles 3. Witherspoon, Sun-
set Lane, Southold; NY for a
Variance to: (a) Zoning Ordin-
ance, Article IlL Section 100-
31 for approval of insufficient
area and width; (b) N.Y. Town
Law, Section 280-A for ap-
proval of access. Location of
property: Sunset Path, South-
oJ~d; bounded north by Burns.
west by L.I. Sound, south by
Offenheiser, east by Sunset
~ath; County Tax Map Item
No. , 000-54-4-33.
9:45 p.m. Application of~
~e.o{ge; ~hlersl ~55 Eugene;s ·
Road, Cutchogue, NY 11935,
.f.~.r~.a Var ance to the Zoning
~.rdinance, Article III, Section
.~100r32A for permission to con-
sLruct tower exceed ng he ght
i~itations. Location of proper-
.LY; 855 Eugene's Road, Cutch-
ogtt~; bounded north by Zab-
risk!, west by Ward, south by
Eugene's Road, east by Erick-
son; County Tax Map Item No.
t._0~797-2-18.
10:00 p.m. Application of
Francis J. Murphy, Box 84,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Section
100-71 for approval of the
construction of portico with an
insufficient frontyard setback.
Location of property: 8700
Main Road, Laurel; bounded
north by Main Road, west by
Rodden, south by Murphy and
Old Main Road, east by Old
Main R,~ad; County Tax Map
Item No. 1000-127-7.6.2.
Dated: A~gust 14, 1980
: BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
IT, 8/21/80 (1)
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
r'~s been published in ~id Lon~ Island Traveler-Watch-
man once each week for .......... .[ ............................ week~
~uccessively, commencing on the ..... '~/ ...............................
..........
Sworn to before me this ....~/~ ............
NOTICE Ol~
PUBLIC HEARINGS
Pursuant to Section: 267 of
the Town Law and the Provi-
sions of the Amended Cede of
the Town of Southold, the
following matters will be held
for public hearings by the
Beard of Appeals of the Town
of Southold, at Town Hall,
Main Read, Southold, New
York; on Thursday, August 2S,
1980:
7:35 p.m. Application of
Harry O. Hurlburt, Jr., 7014
Sheaff Lane, Ft. Washington,
PA 19034, for a Variance to the
Zoning Ordinance, Article III,
Sections 100-30C and 100-32 for
permission to establish guest/
~lay house, an additional
welling use, on a single per-
cel. Location of property: Prt-
rate Read, Fishers Island,
NY; bounded north by Walk-
er, west by Spofford, south by
Private Road, east by Private
Road and Sorensna; County
Tax Map Item No. 1~00-3-2-10.
7:50 p.m. Application of Cia-
ra Pront, 107 Grcenacres Ave-
nun, White Plains, NY 106~6,
for a Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to con-
struct addition with an insuf-
ficient rearyard setback. Lo-
cation of property: 465Private
Road No. 3, Southold, NY;
bounded north by Jockey
Creek, west by Dyer, south by
Norris, east by Shecter; Coun-
ty Tax Map Item No.
6-16.
6:00 p.m. Application of
Frank E. and Mary Brophy, 75
Second Street, New Suffolk,
NY (by William H. Price. Jr.,
Esq.), for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
the construction of addition
with insufficient front and side
yard setbacks. Location of
property: 75 Second Street,
New Suffolk, NY; bounded
north by Pugsley & Grath-
wold, west by Martin, south by
Wetzel, Pugslay and Grath-
wold, east by Second Street;
County Tax Map Item No.
1000-117-10-20.7.
9:20 p.m. Application of
John Reinertsen, c/o William
Schonewald, Box 23A, Wells
Read, Mattituck, NY, for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 for permission to construct
addition to dwelling with insuf-
ficient sideyard setback.
cation of property: 1850 Albo
Drive, Laurel, NY; bounded
northwest by Wells Road,
southwest by Albe Drive,
southeast by Bray Ave. and
Butterfield, northeast by Rob-
son; County Tax Map Item
No. 1000-126-8-12.
8:30 p.m. Application of Er-
nest G. Radford, 8220 Main
Road, East Marion, NY 11939
for a Variance to: (a) Zoning
Ordinance, Article III, Section
Law, Section 230 A £~,r ap
proval of access, Location of
property: South side of Main
Road, ET Marion. NV.
west by C. aissioner of Pub-
lic Works, south by Anderson
& Smith, east by Gardiner,
Dean & Smith; County Tax
Map Item No. 1000-31-8-1,
8:45 p.m. Application of
Katie J. Dexter, Park Avenue.
Mattituck, NY (by Gary Flan-
ncr Olsen, Esq.) for a Vari-
ance for a roval of access, ~t,~'
N.Y. Town Law, S~lion ~ . ~ ZS:
L~ation of pro~rty: South~ OF ~EW YORK, j
side of Park Avenue, Matti-
tuck, NY; bounded north by ~ GUSTAVSON ~inq duly Sworn,
Park Avenue, w~t by Hol ..................................
man, south by Great P~onic S~.. ~d Publisher ot ~e SUFFOLK
Bay, east by Sark~ian; Coun- [hat ..... is Printer
ty Tax Map Item No. 1~1~- XLY TIMES, m newsier publish~ ~ Gr~n~rt, in s~id
7-9.
8:55 p.m. Application of
KaTie J. Dexter, Park Avenue, yI ~nd ~mt ~e noti~, ot which ~e ~e~ is ~ print~
Mattituck, NY (by Ga~ FAun-
ncr Olson, Esq.) for a Va~- ~S ~en published in the ~d Sut~lk W~k~ Times
ance to the Zoning Ordnance, 0~
Article III, S~tion 1~31 for in ~ach w~k, f~r ........................... w~ks
approval of insufficient ar~.
~ation of prowrty: North ssiv61y ~mmencing on ~e .2~ ~.l ....................
side of Park Avenue, Matti-
tuck; bounded north and w~t ,f AUGUSt:
Inc.; County Tax Map Item .
No. 1~123-1~
~ 9:15 p.m. Application of]
~e0rge AMe~, ~5 Eugene's~ ....
R~d, Cutchogue, ~ fora ....... ~..~...~
~ce to the Zoning Ordi .................
~nce, Article III, S~tion 1~
32~ for ~lssion to eon .........................................
a~ct tower exc~ing height
l~tio~. L~ation of pr~ ~ ¢ NOTARY PUBLIC, State 0t New Y0~k
~rty: ~5 Eugene's R~d, ~[ :' No. 4707878, Suffolk Count~.~
C~tchogue bound~ north by ~ ~Y~ ' Term Expires March 30, 19~
'~abriski, w?t by Ward, south ~,'
~ Eugene s Road, east b:
~rickson; County Tax Ma
Ite~ No. 1~97-2-18.
' 9:30 p.m. Application of
Francis J. Mushy, Box ~,
Main R~d, Mattituck, ~ for.
a Variance to the Zoning
Ordinance, Article VII,
tion 1~71 for approval of the
co~truetion of ~rQce with an
i~ficient frontyard setback.
L~ation of pro~rty:
Main Road, M~el,
bound~ north by Main Road,
w~t by R~den, south by Mur-
phy & Old Main R~d, east by
Old Main R~d; County Tax
Map Item No. 1~1~-7~.2.
Dated: Aunt 14, 1~.
BY ORDER OF
THE SOUTHO~ TOWN
BOARD OF APPE~
1T~1-3~3
NOTICE OF '
PUBLIC HEARINGS
Puguant to section~, 267 of
th~ Town Law and:the Pro-
visions ~0f .the~ Amend~c~ ~Code
of the T°W~ Of' Soutlib[d, the
followinB. ~iatter$ 'Wili,be held
for pub~' he~rin~s.'.~,~by 'the
ty Tax Map hem No. 1~-
123-7-9.
9:20 p~pplication of
Katie J. Dexter (bY G'ary
Flanner Olsen, Esq.), Park
Avenue, Ma~uck, NY 11952
for a v~iance to the ~ning
~dinance, A~icle III, Se~ion
~ ~' a~orov~ of in-
:~ :~lenl ,area.
~P~Y: .N°~h' side of Park
.Avenue, Matiituck; ~unded
north by Chase, west by
~ase, ~uth by Park Avenue,
ea~ by Sark Equities, Inc.;
.~ County Tax Map item No.
10~-123-1-6.
9:30 p.m; Application Of
Charles 3. Withersp~n, Sun-
set Lane, ~uthold; NY for~a
Valance to: (a) ~ning Ordin-
ance, Article III, Se~ion 1~-
31 for approval of insufficient
area and width; (b) N.Y. Town
Law, Se~ion 2~-A for ap-
proval of access. ~ation of
property: Sunset Path, South-
old; hounded north by Burns,
west by L.I. Sound, south by
Offenheiser, east by Sunset
Path; County Tax Map hem
No. 1~-54-4-33.
9:45, p.m. A~catio'n of]
~Geor~e Ahiers,
Road~ Cutcho~ue,_ NY 11935,
,~or a Variance to the
Ordinance, A~icle III, Se~ion
,100-32A for permission to con-
~truct tower eXcee,di.ng height
limitations. Lo~a~i.on of proner-
t¥: 855 Eugene's Road, Cutch-
ague; bounded n0r~h.by. Zab___~
fi, ski, west b~ War.d,~uth~
! Eugene's Road, ~'~t by Erick-
son: County Tax Mal~ Item No.
1000-97-2-18.
-~ 10:00 p.'m. Affpiication of
Francis J. Murphy, Box 84,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Section
100-71 for approval of the
construction of portico with an
insufficient, frontyard sefback.
Location of property: 8700
Main Road, Laurel; bounded
north bY Main Road, .west by
Rodden, south by Murphy and
Old Main Road, east by Old
Main Road; County Tax Map
Item' No. 1000~127,7-6.2.
Dated: August~14, 1980
ORI ER OF
THE $OUIFHOLD TOWN
i BOARD OF APPEALS
· IT, iai/S0
U
4o
p,
l
J
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss;
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
fas been published in said Lonft Island Traveler-Watch-
/
man once each week for .......... k ............................weeks
~uccessively, commencing on the ~
Sworn to before me this ..... ../~..I. ..........ctavc,
Notar~ Pubhe
FORM NO. 3 O
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
...... .............
.....~...../.~....~..~ ............................................ Street
returned herewith and disapproved on the follow~ng grounds-~4'~-.~.~'f....~'~.?.....~.. .............
~.,..r.%~. ........ r.~.r.~.:L.. Z-~ ~..rH~-....-~.~.....~.cc~..~o. ~..
Building Inspector
TOWN OF ~OUTICQ~D, NEW YOII, K
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~
-.(,. ~) .. ~ , DATE. ......
TO THE ZONING BOARO OF APPEALS,.TOWN OF SOUTHOLD, N. Y.
'l, (w,i ' ......... i ................. ...............
Name of Appellor~t Strut end Numbly, .: , '
Cu-bchogue N. Y
........................................................................................................................ ~K~OT APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
8-8-80
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
..... .............................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
~-!' I~ObATION OF TI;tI~: PROPERTY
...... D.g.. J~g,~IO,~ ~.. ,~.O.P,~L ......... : .............................. :.....;. ....
Street Use District on Zon! .r~.~_J~
1000-097 - 0 ~ ~ 018
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Art. III~ Sec. lg0-32 A
3. TYPE OF APPEAL Appeal is made herewith for
(X) A' VARIANCE to the Zoning Ordinance or Zoning Map
( ) ,A ,VAR ANCE: due tau lack Of access (State of New York Town Low Chap: 62 Cons. Laws
4.' :PREVIOUS ~APPEAL A"l~revi0us apl~eal (has~:(ha$ not) beer~ made with 'reSpect t~ this de~i~i6r~
of the Building nspecrOr~or~w~'~espect~t~h~'propertY. ' ' : ; ,., .;:+? r, '
Such appeal was ( )' request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
( )
is requested for the reason that T mu$-b ~ave a hl~ -bower -bo 'De a'D'le -bo s~s-ba±~
the ra;qge of my radio.
(Continue on other side)
REASON FOR APPEAL
, C~tinmlcl
1. STRICT APPliCATION OF THE ORDINANC~E would produce practicaldifficulti~ orunn~es-
sow HARDSNIPbec~us~ without the tower, the radio range would be so
severly limited as to ~render it useless. It is neees~a~Y'~hat I be
able to be. Lreac~ed.~ during the day~ I am already, licensed and Lhave
a radio ef~his n~ture in my home fifteen years ago.
2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate
vicinity of this prope~y and in this u~ district b~ouse I ~1 the only one in the
neighborhood' to'have th~s type e£ radio and need this type an~ ~eight
tower.
3 The Variance would obse~e the spirit of ~e O~inance and WOULD NOT CHANGE THE
CHARACTER OF THE DIST~lCTbecau~ ~L~e tower is only a 12" tripod, and
would not be readily visable. The house is surrounde~ by large trees
and the tower would not be seen. In addition it would be located
behind the house. ~y vir.tue of the fact that it woul~ net be seen,
it would not change the character of the neighborhood.
STATE OF NEW YORK )
) ss
)
Sworn to this .................. ~./~...~ .............. day of ............... .~4.~,~.~j[/~.... ............... 19 ~
l~ h~.~h ~, I~,
Southold Town Board' df Appeals -27- September 55, 1980
The Chairman said a Special Meeting will be called for
Friday, October 3, 1980 in order to 6onsider Fanny Behlen
Community Health Center for set-up on October 16, 1980.
The meeting was tentatively set for 4:30 o'clock p.m.
RESERVED DECISION: Appeal No. 2733. Application of
George Ahlers, 855 Eugene's Road, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-32A for
permission to construct tower exceeding height limitations
at 855 Eugene's Road, Cutchogue, NY.
This matter was reserved from the August 28, 1980
regular meeting of this Board.
After investigation and personal inspection, the Board
finds as follows:
Appellant has appealed to this Board seeking a variance
to the zoning ordinance for permission to erect a 60-foot
high radio tower in the rearyard area.
The premises in question is a parcel of land containing
approximately 15,993 square feet in area, with 100' road
frontage off Eugene's Road, and zoned A-residential. There
iis presently existing on the premises a one-story frame
house with attached garage, in-ground swimmingpool and
small shed at the northeast corner.
On August 15, 1980 this matter was referred to the
Federal Communications Commission; and their only response
was they could not determine transmission interference until
the tower was constructed and utilized.
The Board finds the circumstances present in this case
are unique, and strict application of the ordinance would
produce practical difficulties or unnecessary hardship.- The
Board believes the granting of a variance in this case will
not change the character of the neighborhood and will observe
the spirit of the zoning ordinance.
On motion by Mr. Douglass, seconded by Mr. Goehringer,
it was
RESOLVED, that George Ahlers, 855 Eugene's Road, Cutchogue,
New York be ra~ a variance to the Zoning Ordinance,
Article III, Section 100-32A permitting to construction of
a radio tower approximately 60' high as applied for and
subject to conformance with the regulations and requirements
of the Federal Communications Commission as may be applicable
under the circumstances.
0 0
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. licJ?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS. JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL AUCJ"L].St 15, 1980
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Enforcement Division p.~ ~0-~ ~ ~-~"~.
Federal Communications Commission 2/--$
201 Varick
Manhattan, NY 10014
Re: Appeal No. 2733 - Application of George Ahlers
Proposal to Erect 60' High Radio Tower
Dear Sirs:
This agency has received an application for a variance
for permission to construct a 60-foot high radio antenna
tower at property known as 855 Eugene's Road, Cutchogue,
Town of Southold, County of Suffolk, New York.
One of the matters particularly of concern to the
Board is transmission interference. Applicant states that
the frequency to be used will be a "cross between CB and
Ham radio" and will be used during the daytime for his
personal use.
Therefore, it is respectfully requested that you
submit your comments, suggestions or recommendations on
the proposed project as soon as possible. This matter
is t~ scheduled for a public hearing to be held
Thursday, August 28, 1980.
Please do not hesitate to call our secretary if you
have any questions regarding this matter.
Thank you for your assistance.
Sincerely yours,
CG:lk
Enclosures
CHARLES GRIGONIS, JR.
CHAIRMAN
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD p. GOEHRINGER
TYPE II ACTION DESIGNATION
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure~ under the N.Y.S. Environmental
Quality Review Act.
DESCRIPTION OF PROJECT
Appeal No. 2733. Application of
Road, Cutchogue, NY 11935.
George Ahlers, 855 EDgene's
Location of Project:
t000-97-2-18.
855 Eugene's Road, Cutchogue.
Permission Requested: To construct radio tower exceeding
height limitations, in the rearyard area.
Date Of Public Hearing: August 28, 1980 at 9:15 p.m.
Documents on File: Appeal Application, Notice to Adjoining
Neighbors, Affidavit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax ~ap showing the subject property, & other documents as
may be required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated-.
Copies to:
August 14, 1980.
Applicant.
Town Clerk Bulletin Board.
JUDITH T. TERRY -
K
Southold, L. I., N. Y. 11971
August 11, 1980
TELEPHONE
(516) 765-1801
To:
Southold Town Zoning Boird of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2733 application of George Ahlers
for a variance. Also included are notification to adjoining property owners
as follows: Mr. & Mrs. Jack Ferguson, Eugene's Road, Cutchogue, N.Y. 11935;
Mr. Joseph Zambriski, 35 Hildreth Street, Southampton, N.Y.; Mr. & Mrs. Henry
Erickson, Eugene's Road, Cutchogue, N.Y. 11935.
JTT/bn
cc:file
Enc~/
Town Clerk
~ 'ASSESSI,{ENT F
SHORT qRONMENTAL
i/ ~'NSTROCT]ONS.: ' ' '
!:~'-- ---~) In Order to answer the questions in this short
EAF it is assumed
that {he preparer will use. currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Dorm is necessary.
(c) If all questions have been answered No it is likely {hat {his
project
(d)
PREPARER'S SIGNAIURE
REPRESENTING_ ~
is not significant. _ '.
Environmental Assessment
1. Will projec{ result in a large physical change
to the project site or physically alter more
than 10 acres ofI land? ........................ Yes' o
2. Will there be a major change 4o any unique or /NO
-unusual land form found on {he si{e? .......... Yes..
3. Will project alter or have a large effec{ on
existing body of water? ....................... Y.es. o
4.. Will project have a paten{tally large impact , /N
on groundwater quality? ....................... Yes. o
5. Will project significantly effect dro%noge
Yes V/NQ
flOW on adjacent sites? ........................
6. Will project affect any threatened or
endangered plant or animal species? ........... Yes o
7. Will project result in o major adverse effect
on air quality? ............................... Yes
8. Will project have a major effect on visual
character of %he community or scenic views or.
vistas known to:be important to the community? Yes;: _ o
9. Will projec{ adversely impact any site or .'
structure of historic, prehistoric or
paleontological importance or any site
designated os o critical environmental area
by o local agency? ............ -.~..-:-~-.v.--...:'-~..: Yes o
10. Will project have o major effect on existing
or future recreational opportunitie, s? ......... Yes .... o
11. Will project result in .major traffic problems
or. cause o major effect to existing
~ronspor ration systems? ....................... Yes
12. Will project .regularly cause objectionable
odors, noise,' glare, vibration, or electrical
disturbance as o result of {he projec{'s
operation? ' Yes No
13. Will project have any impact on public health
or.safety? ................ .- ............ ::'';'' Yes. V/No
14. Will project affect the ex~sting community Dy
directly causing a growth in permanent
population of more than 5 percegt over a one
year period or have o major negative elf ac{
' ity /N
on tile character of the commun or
neighborhood? ................................. Yes o
· the /No
15. Is there public controversy concernzng
project? ...................................... , .
DATE
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of~Southold
to request~a (Variance) (Special Exception) (Special Permit) (the following relief:
2. That the property which is ~t of tt~g P~etition Ls I~aat~d adjacent t~o your prope~y and is d~-
cribed as follo~: ~ ~ ~ ,
3. That th~ ~ro~rty ~hkh is the subj~t of such Petition is I~ated in the following zo~n~ ~istrict:
4. That by such Petition, the undersigned will request the following relief: ~L-'e cc7~
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: .;ta~-.· ~TI-~i .5£c? 10 0 - 3'2.~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southotd, New York and you ma), then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Tva~qer-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the p~ie~ of such noxices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
pet
Post Office ~d~dress _
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Mr. & Mrs. Jack Ferguson
Mr. Joseph Zambruski
Eugene's Road, Cutchogue, NY 11935
35 Hildreth Street, Southampton, N.Y.
Mr. &Mrs. Henry Erickson
Eugene's Road, Cutchogue, N.Y. 11935
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
George Ahlers , residing at Eugene's Road
Cutchoglle, New York , being duly sworn, deposes and says that on the ll_tJl_ day
of August ,19 80 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at Cutchogue ~ New York ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this llth
day of August .-.. 19 80
· .. .-
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