HomeMy WebLinkAboutSheehan, Brian
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August IB, 1975
Gary Olsen, Esq. ale Brian Sheehan
P. O. Box 3B, Main Road
Mattituck, New York 11952
Re: Sheehan request for opi~ion
File U655
Dear Mr. Olsen:
In reply to your message of July 31, 1975 with attached
letter from prospective purchaser of 3 1/2 acre mini-estate
who lists the following animals which he proposes to raise
during anyone (1) year period:
Four (4) Steers (some used as veal)
Four (4) Lambs (not to maturity)
Six (6) Pigs (not to maturity)
One (1) Goat (for milking)
One Hundred (100) Chickens (all but a dozen for not
more than sixteen weeks)
Six (6) Mature Rabbits (the young not being kept for
more than sixteen weeks)
Our interpretation of the Zoning Ordinance, based on
Town Counsel's letter of August B, 1975, is that this type
of animal husbandry on this location in the "A" Residential-
Agricultural District would be legal.
Yours truly,
RWG :mm
Robert w. Gillispie, Jr., Chairman
Southold Town Board of Appeals
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ROBERT W. TASKER
TOWN ATTORNEY
TELEPHONE
477-14DO
425 MAIN ST.
GREENPORT, L. I., N. Y. 11944
August 8, 1975
Robert W. Gillispie, Jr., Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Re: Sheehan Request for Opinion
Dear Sir:
I have read Mr. Sheehan's letter wherein he requests an opmlOn
as to whether the Zoning Code permits the raising of the animals listed
in a Residential and Agricultural District on a lot of 3 1/2 acres in
conjunction with the residential use thereof.
Among the permitted uses in such a district, !;100-30 A(2)(b) of the
Code permits "The keeping, breeding and raising of fowl, except ducks,
and large domestic animals on lots of ten (10) or more acres." Since the
lot in question is less than 1 0 acres in size, the intended use would not
be allowed as a permitted use.
!;100-30 C(5) of the Code permits "Horses and domestic animals
other than household pets. . . ", subject to certain conditions, as an
accessory use in the Residential and Agricultural District.
The question to be determined is the meaning of the term "domestic
animals". The Code contains no such definition. Accordingly, resort
must be had elsewhere to ascertain the meaning of such term.
Webster's Collegiate Dictionary defines the term as "Any of various
animals (as the horse, sheep) domesticated by man so as to live and
breed in a tame condition. "
Black's Law Dictionary defines the term as follows: "such as are
habituated to live in or about the habitations of men, or such as contribute
to the support of a family or the wealth of the community, . . "
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For the purpose of protecting domestic animals from attack by
dogs, ~107 of the Agricultural and Markets Law defines the term to
include the following: "domestic sheep, horses, cattle, goats, swine,
fowl, duck, geese, turkeys, confined domestic hares and rabbits, and
pheasants raised in confinement under permit or license. . . "
,
I have found no statutes, court decisions or other authorities
which would permit an interpretation of the term "domestic animals"
to exclude any of the animals which Mr Sheehan intends to raise.
Since the general rule involving the interpretation of zoning ordinances
is that they must be strictly construed in favor of the property owner
and against the municipality, I am of the opinion that the animals intended
to be raised by Mr. Sheehan would fall within the term "domestic
animals" and accordingly such intended use is allowed as an accessory
use in the Residential and Agricultural District.
Yours very truly,
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ROBERT W. TASKER
Copy to: Gary F. Olsen, Esq.
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GARY FLANNER OLSEN
COUNSEL.LOR AT LAW
P. Q. BOX 38 - MAIN ROAD
MATTITUCK. L I.. NEW YORK 11952
(5161 298.4844
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HEPLY
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Robert W. Gillispie Jr.
Box 338
East Marion
Re: Sheehan request for Opinion
File # 1655
Pursuant to your request I am enCbsing herewith a statemffi t
from my client as to his intentions concernirg the 3.5 acres
his is purchasing from Adel. Please advise.
Best regards.
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My plans for the 3~ acre piece of land on which I presently
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have a binder include building a home and raising my family (of
f o~) .
Further, I intend to be as self-sufficient as possible..d To----~_
this end I will have a rather extensive garden--to include various
vegetables, berries, fruit, and nut trees.
Also, it is my wish to raise all the meat my family consumes.
The maximum number of animals I can foresee raising during anyone
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four steers (some used as veal)
four lambs (not to maturity)
six pigs (not to maturity)
one goat (for milking)
a hundred chickens (all but a dozen for
than sixteen weeks)
six mature rabbits (the young not being
than sixteen weeks)
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year period is'
not more
kept more
All of the animals will be provided with shelters and fenced-
in areas.
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