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HomeMy WebLinkAbout1799 TOWS OF SOUrBOLO, N~W Yoax DA~}~,~.,U....S.~,...~, 1973 Public Hearing, 6/28/73 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1799 Dated June 6, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George Ahlers Cutchogue, N.Y. Barry Hellmau, ~i.D. Southold, New York Appeilant Publi.c Hearing, 6/28/73 at a meeting of the Zoning Board of Appeals on Decislon of Board, 8/9/73 was considered and the action indicated below was taken on your ( ) Bequest for variance ~ue to lack of access to property (X) Bequest for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Sub~ection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be cor~irmed because 8530 P.~. (E.S.T.), upon application of George Ahlers and Barry Hellman, Cutchogue and Southold, New York, respectively, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500, Subsection B-l, for permission to erect multiple dwellings. Location of property8 west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Railroad, I~aier, Averett, Kaelin and others; and west by R. B. Grattan, ~letkowski and others. Fee paid $15.00. 2. VARIANCE. By resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical dilfieulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique 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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was fluther determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 ZO~NG BQ. ARD OF APPEALS 1,~arjorie i~icDermott, Secretary Southold Tovm Board of Appeals The Board finds by investigation and public hearings that a change of zone on applicant's property was recommended by the Southold Town Planning Board to the Town Board on March 23, 1972. The zone was changed from "A" Residential and Agricultural on May 9, 1972 to "M-l", which permits Multiple Dwellings by Special Exception of the Board of Appeals, and site plan approval of the Planning Board. The site consists of 22,842 acres on which it is proposed to erect thirteen (13) buildings, not over 12 apartments per building, not over 132 feet in length (See Variance Appeal No. 1800), with a total of~ lO5 one bedroom apartments of approximately 825 sq. ft., 32 two bedroom apartments of approximately 1,005 sq. ft., and 16 Efficiency apartments of approximately 625 sq. ft. Also, a swimming pool and community building, two tennis courts, shuffle board court, playground court, and sewage treatment plant with public water. At a number of public hearings, the problems of character and appearance, compatibility, development policies relationship, community facilites relationship, traffic generation (approxi- mately 933 vehicular trips estimated at completion), access, drainage, design standards, ~nd a sewage treatment plant, have been carefully considered. The applicant is presently having an engineering study made to determine the best sewage treatment plant for the project,.after which the design must be presented to the Suffolk County Department of Environmental Control and the Suffolk County Board cf Health for approval. The several Boards of the Town are concerned by the nitrates problem. However, it is felt that the solution of the denitrification problem, as it applies to this project, lies with the Suffolk County Board of Health. Gallonage estimated by the applicant to make sewage plant operable is variously estimated from 10,000 to 30,000 gallons per day. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED, George Ahlers and Barry Hellman, Cutchogue and Southold, New York, respectively, be GRANTED permission to erect 13 buildings, as originally applied for, subject to the following conditions, 1. Site plan approval by the Planning Board of the Town of Southold. 2. No Certificates of Occupancy shall be issued by the Building Inspector unless a Sewage Treatment Plant, subject to the approval of the Suffolk County Department of Health and the Suffolk County Department of En- vironmental Control, is installed and certified operable by these two agencies. 3. The construction of the sewage treatment plant shall also be subject to any applicable local, County, State, or Federal law. Vote of the Board, Ayes~- Nessrs~ G~]lispie, Bergen, Hulse, Grigonis. Legal Notice Page 2 8:00 P.M. (E.D.S.T.), upon application of Joy Finkle and Millie Messeri, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and the Bulk Schedule, for permission to operate a second business (Take-out Deli) on same premises with a public garage. Location of property: north side Main Road, Orient, bounded north by H. Schmidt; east by H. SchmidL; south by Main Road; west by H. Terry Estate. 8:30 P.M.~ (E.D.S.T.), upon application of George Ahlers and Barry Hellman, Cutchogue and Southold, New York, respectively, for a special exception in accordance with the ~oning Ordinance, Article V, Section 500, Subsection B-l, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Avenue; others; Southold, bounded north by D. Charnews; east by Youngs south by Long Island Rail Road, Maier, Averett, Kaelin and and west by R. B. Grattan, Wetkowski and others. 8:45 P.M. (E.D.S.T.), upon application of George Ahlers and Barry Hellman, Cutchouge and Southold, New York, respectively, for a variance in accordance with the Zoning Ordinance, Article V, Section 502, for permission to construc~ multiple dwellings with some buildings over 125 feet in length. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaelin and others; and west by R. B. Grattan, Wetkowskl and others. 9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff~ Hobart Road, Southold, New York, for & variance in accordance with the Zoning Ordinance, Article IiX, Section 301 and ~ne ~k Schedule, for permission to divide lots with dwellings which NOTICE OF HEARINGS Pursuant to Section Town Law and the provisions o~ the Amended Butldin~ Zon~. Or- dinance of the Town of South- old, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, a~ the Town Office, Main Road, South- old, New York, on June 28, 1~73, on the following appeals: 7:30 P. M. (EDST), upon ap- plication of John Charnews, M~ain Road, Southold, for a variance InI accordance with the Zoning Ordinance, Article III- Section 301 and the Bulk Schedule. for permission to divide lots with lessthan required area and front- age. Location of property: west side of Oaklawn Avenoe, South- old, bounded north by School District NO. 5; east by Oaklawn Avenue; south by L. Boker~ and others; and west by L. Bokcn and others. 7;40 P. M. (EDST), upon ap- placation of PhiJippie Maitre- jean, BOx 888, Sound Avenue~ Mattituck, for a variance in ac- cordance with the Zoning Ordi- and Bulk Schedule, for permis- sion to divide lots with less than required area. Location of prop- erty: north side Ruth Road, Mat- tituck, bounded north by Lon~ Island Sound; east by B. Vree- vate Road); and west by A. Joos plication of James and Margaret Boylan, 11 Gedney Avenve, Smithtown, New York, for a var- lng Ordinance, Article III, Sec- tion 301, the Bulk Schedule and Artice XVII, Section 1~02, for permission to construct dwellin~ in .~ubdivision Cleaves Point, Sec- tion III, which is not on approved list and lot does not have suf~ Cleaves point. Section III. plication of Joy l~inkte and Mil- cordance with the Zoning Ordi- and the Bulk Schedule. ~or per- mission to operate a second busi- premises with a public ~arage. Location of property; north side Main Road, Orient, bounded north by II. Schmidt; east by H. Schmidt; south by Main Road; plication of George Ahler,~ and Barry Hellman, Cutchogue ~nd SOuthold, New York. respectively. for a special exception m accord- ance with the Zoning Ordinance. Article V, Section 500, Subsec- tion B-l, ior permission ~o erect nue, Southold, bounded north by D. Ch~rnews; east by Avenue; south by Long Island Rail Road, Maier, Averett. Kae- ~ip and others; and west by B. Gratt~n, Wetkowski and plication of George Ahle~ and Barry Rellman, Cutchogue and Scuthold, New York. respectively, /or a variance in accordance with ~he Zoning Ordinance. Article V, Section 502, for per- clwel~ings with so,ne buildings over 125 feet in length. Location of property: west side Young.~- Avenue, Scuthold, bounded north by D. Charnews; east by Youngs Avenue; south, by Lon~ Island Rail Road, Maier. Averette, Kae- COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the onnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ................................... week~'~' success ¥e v, commencing on ............... ....... of ........ ........ day ~--//~ /~/~ .~,, ~ ~' ........................... ........ Sworn to before me /hb ..... ~ .......... day of ·......... ......... .......... NOTICE OF HEARINGS Parsuant to Sectim 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk Coanty, New York, public hearings will be held by the Town Office, Main Road, Southold, New York, on Jane 28, 1973, on the following appeals: ?:~0 P.M. (E.D.S.T,), upon application of John C~aranws, Main Road, Soutbold, for a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage, Location of proporty: west side Oak. lawn Avenue, Soutbeld, bounded north by School District No; $;-~ast by Oaklawn Avanue; south by L. Boken and others; and west by L. Boken and others. 7:40 P.M. (E.D.S.T.), upon application of Philippe Maitrejean, Box 888, Sound Avenue, Mattituck, for a variance in accordance with the Zontn~ Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to d/vide lots with less than required area. Location of property: north side Ruth Road, Mattituck, boanded north by LOn~ Island Soand; east by B. Vreeland; south by Ruth Road (Private Road); and west by A. Jces and 7:50 P.M. (E.D.S.T.), upon application of James and Avanno, Smithtown, New York, for a variance in accordance with the, Zonin~ Ordinance, Article IH, ~ 301, the Bulk Schedule and Article XVII, Section 170~, for permission to construct dw~lin~ in subdivision Cleaves Point, Sect/an III, which is nut on approved list and lot does not have suifiniant width or area. Location of Woporty: Lot No. 73, Map of Cleaves Point, Section III. 8:00 P.M. (E.D.S.T.(, upon appl/catian of. Joy Finkin and Millie Messari, Main Road, Oriant, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and the Bulk Schedule, for permiesien to operate a secend business (Take-out Deli) on same p,vmisos with a public garage. Lacatien of property: north side Main Road, Orient, bounded north by H. Schmtdt; east by H. Scinuidt; south by Main Road; west by H. Terry Estate. 8:30 P.M., (E.D.S.T.), upon application of George Ahlers and Southeld, New York, renpec- tivdy, for a special exception in accordance with the Zoning Ordinance, Art/de V, Section 500, Subsoctian B-l, for ps,midian to erect multiple dwellings. Lacatien of property: west side Youngs Avenue, Southold, beanded north by D. Charnows; east by Yoangs Avenue; south by Avorett, Kaelin and others; and west by R.B. Grattan, Welkowsk/ and others. COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: Stuart C. Dorm~n ...................................... being duly Sworn says that ...h.e... is Printer and Publisher of the SUFFOLI- WEEKLY TIMES. a newspaper published ~t Greenpnrt. in sai~ county; and that the notice, of which the annexed is u printe. copy, has been published in the sa/d Suffolk Weekly Time; once in each week, f~r ....... ~OC ................. week: successively commencing on the ..... ~.W~r;$y.-~'~F~.~. ....... d of J ne Sworn to before me this j,~/. .. NL}IA,~Y PUBLIC OF NEW YORK ~ ~mmis$io~ Expl~-e~ ~rch 30, 19 TOWN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION LICATIONNO./;;? DATE .J.~r~......1.R73 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. Cutchogue, New york and I, (We)...G~.QRGE._AHLERS....~.~I ............................. of ..SQ~h~.l.~,....N~-w.....Y.9..r..k...,....~..e-~p~.c..t-.i-.v.~Y BARRY ~.~N S~eet and Number Municipality State hereby apply to THE ZOAFiNG BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE V SECTION 500 SUBSECTION B- 1 THE SPECIALEXCEPTIONISREQUESTEDBECAUSE the Town Board has changed the Zone to multiple residence to enable Petitioners to erect multiple residences and the Article 5 provides in Section 500-B-3 for a special exception in order to erect multiple dwellings. COUNTY OF SUFFOLK) Sworn ~o this .....[:.~,.. ............... da)' of .......... ~'~N~ .......... 19_..7.3. ...... Notary Public ~missien f..xptres ~irch .~,, 1~ -- ~ FORM ZB2 2~ COX LANE CUTCHOGUE, N. Y. 11935 Tele one (516) 734-5010 Jun;; ]9, ]9;2 Southold Town Bo,~ J South Street ~; ]reenport, New Yolk Gent lemen: ~ ~'~e agre~ on Youn[~s Avenue,i signed to fill (see atzactled c ~allons per day~ to eltmlnaze the ~eed GA :BH: pa encl N~ ~ Sta~ of New York ',~o ut h o I roe buiJ~ ,y of let operat for ngs. ,-~ccording to tle~l~h D~g~rt,~ent fig~::'c~ , our sewDra~ treatm*'~nt plant, ano thtt:-; spools ~{~ltiroly . t=ry tr u ]_y .]fi, or ~c [~arrv }1. ttellmani 'oearllt ,,4 ariea EUGE Southoid Town Board South Street Greonport, New York Qentlemen: ! ]lav] cO.~nta¢-ted,~ /'hey ]}ave informe.l m~ that th 10,(;00 gal. per day ~o operat clay r:er one bedroom :~and of.fie ~he ~wo bedroom apartments, buildings to meet t~e minJmu ~vas to put up two ~ui]din~s tenants, without s~liciting We are 0onflden~ t~at i~ zor we wfll }lave enou leases we start construction. Thi cesspools. GA:pa ce: Mrs. Tiedke Ms. Virginia'Moore Mr. Roger Stbutenburgh South o ~' ~J , ti e Ilealtb_ ~}o~art:llt:rlL cn th~> aL, or,=- sub Based on tflx. ir f~;ures of 22[, ga!. 'ney at:ari~,~enl, s, and [;~() gal. per a~.~y ic.: will take %~vo aha orle-half apartment daily ~"equlrm~:~enr. Our original plan ng i~ '.~-r~*nted, ,:~nd ,a,,~ adverti~e the pro.] Veiy truly O(/o r ,.4 e ~%Jl let s June 28, 1973 Mr. Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Town Office Main Road Southold, New York 11971 Dear Mr. Gillispie: The Planning Board has notified each developer contemplating a sewage treatment plant that they will be expected to comply fully with the requirements of the Town and County. These requirements include the completion and operation of the treatment plant b~ the time half of the proposed units are constructed and occupied. They also include installation of an approved process which will effectively remove the nitrates. It will also be required that the physical plant is constructed and money in lieu of construction will not be accepted. The Planning Board is prepared to insist on the absolute performance of each of these conditions and this becomes pertinent because although the County has set a date for the installation of denitrification equipment, there is currently no acceptable process. Nevertheless, because each of the developers has been notified and because denitrification is vitally important in the Town of Southold, the Planning Board will insist on strict performance. This probably means that the second half of the units in all such developments now being planned will be postponed for as much as five or ten years. The Planning Board is prepared to instruct the Building Inspector to withhold certificates of occupancy until all these conditions are met, but it would seem that the Board of Appeals might also require this as one of the conditions for approval under their special exceptions. Very sincerely, John Wickham, Chairman JW:tle Southold Town Planning Board