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08/28/1996 ZONING BOARD OF APPEALS Decisions
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08/28/1996 ZONING BOARD OF APPEALS Decisions
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Board of Appeals James G. Haidas - V-96-51 2. <br /> layout, and the accessway to the abutting condominium project, the two hundred foot <br /> dimension cannot be met. <br /> Comments were received from residents of a condominium project adjoining the <br /> site objecting to the use of the site as a restaurant and potential traffic problems on Ryan's <br /> Way. Comments were received from the Town Planner and the Director of Public Works <br /> in support of the Variance application and the design of the entrance to the property. <br /> FINDINGS <br /> General <br /> 1. the subject property is located at the comer of Ryan's Way and Great Neck <br /> Road,North in a C-1 zoning district. There is a curb cut restriction preventing <br /> an entrance to the property from Great Neck Road,North. <br /> 2. the parcel consists of 69,992 square feet and combined frontage of 450.51 <br /> linear feet on both of the ways which abut the parcel. <br /> 3. Ryan's Way intersects with Great Neck Road,North and an access to the <br /> abutting condominium complex, commonly referred to as Sandpiper Village. <br /> 4. Both of these intersecting ways preclude the location of an access way to the <br /> proposed restaurant site that maintains a two hundred foot(200') distance <br /> between said access ways as called for by Section 174-40 of the Zoning By- <br /> law. <br /> Variance Criteria <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the by-laws would <br /> involve hardship to the petitioner and that desirable relief may be granted without <br /> detriment to the public good and without derogating from the intent and purpose of the <br /> By-laws. <br />
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