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Southold Town Board o£Appeals
I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
App]. No. 3605
Application 'Dated January 7, ]987
TO: Mr. Ted Dowd
P.O. Box 508
East Marion, NY 11939
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on J.u.]y ]6, ]987,
the above appeal was considered, and the action indicated below was taken
on your [×] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of TED DOWD for a Variance for Approval of Access
pursuant to New York ~, Section 280-a, over a private right-
of-way located off the north side of the Main Road, Southold, and
extending to the applicant's premises, identified on the Suffolk
County Tax Maps as District 1000, Section 56, Block 1, Lot 5.1(5),
containing 7.3± acres.
WHEREAS, a public hearing was held and concluded on June 18,
1987 in the Matter of the Application of TED DOWD under Application
No. 3605; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for a Variance pursuant to the
Provisions of New York Town Law, Section 280-a for approval of
access over a private right-of-way extending from the north side
of the Main Road, Southold a distance of 1392± feet and 8+ feet
wide.
2. The premises to which appellant is requesting approval
of access is presently unimproved and contains a total acreage
of 7.3± acres, identified on the Suffolk County Tax Maps as
District 1000, Section 56, Block 1, Lot 5.1 (5). This access
road application does not reflect a request for access to any
more than the one dwelling lot in question. Adjacent to this
premises is a dwelling presently owned by P. Kelley which also
gains access over the westerly portion of this right-of-way.
3. After personal inspection of the right-of-way, it
is noted as follows:
(CONTINUED ON PAGE TWO)
DATED: July 23, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appl. No. 3605
Matter of TED DOWD
Decision Rendered July 16,
1987
The present traveled road to the Kelley driveway is 8±
feet in width, consists of stabilized sand, small gravel and
loam. Test hole depths between the Main (State) road and
railroad are 6+ inches. Other depths of road materials from
railroad to Kelly driveway (north) about the same material
but at depths from three to four inches. Road surface at
present is in fair condition. Railroad crossing has exces-
sive grades (between 15.5% and 17.5%) which may cause inter-
ference with long-wheel base vehicles. Culverts at drainage
ditch crossings are working. The last 250± feet of the
1392± ft. length is cleared only and will require grading
and updating.
4. It is the position of the Board members that
the improvements as noted below are necessary for safe and
sufficient access by emergency and other vehicles under
the requirements of New York Town Law, Section 280-a.
The Board does not feel that a waiver or reduction of
the requirements would be within the best interests of
the Town.
5. In granting this limited 280-a approval, the
Board finds: (a) the relief requested is the minimal
necessary and is not substantial in relation to the code
requirements; (b) there will be no substantial change
in the character of this district; (c) the relief as
conditionally granted will not cause a substantial effect
or detriment to adjoining properties; (d) the circum-
stances of this appeal are unique and there is no other
method feasible for appellant to pursue other than a
variance; (e) in view of the manner in which the
difficulty arose, justice will be served by allowing
the variance, as conditionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded
by Mr. Douglass, it was
RESOLVED, that a Variance pursuant to New York
Town Law, Section 280-a, for approval of access for
premises identified on the Suffolk County Tax Maps as
District 1000, Section 56, Block l, Lot 5.1 (5),
containing 7.3± acres, as applied in the Application
of TED DOWD, BE AND HEREBY IS APPROVED, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. This 280-a approval is limited requiring
improvements to the right-of-way in order to allow
proper issuance of building permit(s) for the future
construction on this 7.3+ acre parcel of one dwelling,
barn, and other incidental structures, in accordance
with all zoning regulations. This 280-a approval shall
not be deemed approval for any other parcels abutting
this right-of-way which shall be subject to formal
application(s) for 280-a updated access approval before
issuance of any building permits.
2. Improvements, within the legal perimeter of
the right-of-way for a minimum width of ten (10) feet,
as follows:
(a) For the first 1142+ feet, olace a 2" compacted
surface of 3/4" stone blend;
Page 3 - Appl. No. 3605
Matter of TED DOWD
Decision Rendered July 16,
1987
(b) For the last 250± feet:
l. Remove topsoil 12" deep, replacing with
compacted material [containing 15% or more of small gravel,
sand, and 15% or more of loam];
2. place 2" top course (compacted surface)
of 3/4" stone blend~lO feet wide);
3. profile to be submitted indicating how
this 250 ft. length of road will meet the present road as
updated; profile will indicate depth of replaced material
which should not be less than 6";
(c) Grade road at railroad crossing with addi-
tional fill to provide grades not more than l:lO [10%] with
1 on 4 side slopes. Fill to contain 15% or more of small
gravel, sand and 15% or more of loam. Sloping areas to
contain ground cover or similar material to prevent wash outs.
3. All trees and brush must be cleared a minimum of
10 feet in width and minimum height at 12 feet.
4. Right-of-way to be continuously maintained.
5. If right-of-way improvements are not constructed
in three years, this 280-a approval will automatically become
null and void.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was unanimously
adopted.
lk
GERARD P. GOEHRINGER, ~AIRMAN
July 23, 1987
NOTICE OF HEARINGS
NOTICE IS NEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
a Regular Meeting at the Southold Town Hall, Main Road, Southold,
New York, on THURSDAY, J~NE_'I~] 7'987, at the following times~
/~ 7:35 p.m. Appl. No. 3605 - DOWD. Variance for Approval
of Access pursuant to New York Town Law, Section 280-a, over a
private right-of-way located off the north side of the Main Road,
Southold, and extending to the applicant's premises, identified
on the Suffolk County Tax Map as District 1000, Section 56,
Block l, Lot 5.1 (5), containing 7.3± acres.
7:40 p.m. Appl. No. 3632 - Rehearing on Amended Application
of NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning
Ordinance, Article III, Section lO0=30(A) to permit the estab-
lishment of a Day-Care Center, at premises referred to as the
Veterans Community Center, north side of Pike Street, east
side of Wickham Avenue, and south side of Hill Street, Mattituck,
NY; County Tax Map Parcel ID No. 1000-140-2-39: containing
1.75± acres.
7:45 p.m. Appl. NCo 3637 C. KAPOTES AND A. HOMAYUNI.
Variance to the Zoning Ordinance, Article III, Section 100-31
(100-32) for permission to construct deck addition to dwelling
with an insuf~cient frontyard setback from Soundview Avenue.
Location of Property: East side of Goldin Avenue and south
side of Soundview Avenue, Southold, NY; County Tax Map Parcel
ID No. 1000-135-2-22.
7:50 p.m. Appl. No. 3641 BRETT AND JANET KEHL. Variance
to the Zoning Ordinance, Article III, Section 10~-32(A) for
approval of the construction of an accessory building with
height in excess of maximum 18-feet, or in the alternative,
Article III, Section lO0-31(A) for permission to construc~
addition to dwelling with an insufficient sideyard setback.
Location of Proper~y; 5500 Main Bayview Road, Southold, NY;
County Tax Map Parcel ID No. 1000-78-4-32.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of June 18, 1987
7:55 p.m. Appl. No. 3634 - RICHARD F. MULLEN~ JR. Variance
to the Zoning Ordinance, Article XI, Section lO0-119.1(A) for
permission to erect fencing in the frontyard area with a maximum
height of six feet. Location of Property: East Side of Cottage
Place, Southold, NY; County Tax Map District lO00, Section 62~
Block ~, Lot 19. - -
8:05 p.m. Appl. No. 3412 as Amended WILLIAM MOORE and
BENJAMIN HERZWEIG.~ Variances to the Zoning Ordinance, Articles:
(a) XI, Section 100-119.2 for an insufficient setback from
wetlands area, and (b) III, Section 100-31 for an insufficient
frontyard setback, for a proposed single-family dwelling
structure at premises known as 675 Meadow Lane, Mat'tituck
Estates Map #4453, Lot #42,
District 1000, Section llS,
.51± acre.
8:20 p.m. Appl. No. 3629 -
(Tolbe reConvened) i..~
Mattituck, NY; County Tax Map
Block 05, Lot 007, containing
IRWIN AND SONDRA THOMPSON.
8:30 p.m. Appl. No,
(To be reconvened.)-
3543 - PETER AND BARBARA HERZ,
8:40 p.m. Appl. No. 3640 FRANK AND EDITH SAWICKI.
Variance for approval of insufficient width of three parcels
in this pending Minor Subdivision, each having a minimum
lot area of 8~,000 sq. ft. Location. of Property: north
side of C.R. 48 (a/k/a North Road), Southold, NY; County
Tax Map Parcel ID No. 1000-51~3-t2.1, containing 15+ acres.
8:50 p.m. Appl. No. 3625 - PUDGE CORP. Resolution
concluding hearing. (No oral testimony.)
8:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER.
Special Exception modifying Appt. No. 3400 to permit vehicle
doors facing street side as constructed in this est'ablishment
of a public garage under Article VII, Section t00-70(B)[4] of
the Zoning Code. Location of Property: 6795 Main Road, Laurel,
NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax
Map District 1000, Section 125, Block l, Lot 19.6.
Page 3 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of June 18, 1987
The Board of Appeals will hear at said time and place all
persons or representatives desiring to be heard in each of the
above matters. Each hearing will not start before the time
allotted. Written comments may be submitted prior to the
conclusion of the subject hearing. For more informations
please call 765-1809.
Dated: May 21, 1987. BY ORDER OF THE SOUTHOLD TOWN
~ B~ARD OF ~.PPEALS
GERARD P. -GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Notice to Newspapers: Please publish once, to wit, June ll,
1987 and forward two affidavits of publication to: Board of
Appeals, Main Road, Southold, NY 11971 on or before June 15th.
Thank you.
FORM NO. 3 ~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTttOLD, N.Y.
NOTICE OF DISAPPROVAL
..... ~. z ..... ~. ~ ...................
../.'~-,.¢r.~..~....b'..~-..d.~,..Z-_2., .... ~ Z ~ ~
PLEASE T~E NOTICE ~at your app~cation dated ...~~...~( ....... t9 ~ff.
County Tax Map No. 1000 Section ...~ ..... Block . .~Z ........ ~t . ~ J~ .....
Subdivision ..... ~ ......... Filed Map No ............. .... Lot No. --
is returned herewith and disapproved on the following grounds..~..~-.0~£~...L~., e~ ~-d~6~r ~/dt -
Building Inspector
RV 1/80
A~AC~E~ 1
'OWN SOUT.O, , NEW
~o~ ~ROM DECISION OF- BUILDING INSPECTOR
APPEA' NO 0 5'-
TO THE ZONI NG B-OARD OF APP'EALS? TOWN'OF SOUTHOLD, N. ¥.
1, (~ ..~]~d..DQ'~d ................................................ of ...2Ql..l.~h..~..Eas~ ........................................
Nome of Appellant Street and Number
Tierra Verde, FI
............................................................................................. ~..]:.,...~.~..7..]:.~. ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO...~L~.3~ .................. DATED ..~flZq.e.b_3~..,....].9.~ .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
' )
(×)
Nome of Applicant for permit
of
........... ,~,o.-z.,...~.~>. ~...s...~.. ~. ............. Z~-..e.~. Z.e.~.4.e. ........................ ~.Z..o. ~.~!,a ...............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Approval o~' Access
LOCATION OF THE PROPERTY ...... ~.~...Z..Z..?..?,~h ............................ ~.o.~9.Z,~..~.9..~z....s..~.~.D. .......
Street Use District on Zoning M~
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.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoniqg Ordinance or Zoning Map
A VARIANCE due ro lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art '6 Sec. 280A Subsection 3
4 PREVIOUS APPEAL A previous appeal ~nas not) been made with respect to this decision
of the Building Inspector or with respect ro this property.
Such appeal was ( ~ 'equest for a special permit
( ) request for a variance
ana was made n Appea: No ................................ Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(x) Approval of Access Required under Town ~w Sec 280A.
is requested Tar the reason that
~o~ z3z (C'o~tinue on other side)
ATTACI~MENT 2
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP oecouse it would preclude me from building my homestead on ?.~
acres of land %o which I have deeded access rights. In addition efforts
to maintain my business would be severely impeded due to the lack of a barn
az a time when my nursery stock needs an ever increasing ~mount of
attention,
2 The hardship created is UNIQUE and is not snarea by oil properties alike in the immediate
vicinity of this property onc in this use district because houses e×ist on neaccby propmr-
ties (Tax Map Numbers 056-1-4.1 and 11.1) where the occupants ha~e ~imilam-
access to their homesteads.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because rather than eUl:x]J_vlde the property, I have
put it to agricultural use. Thi~ use moat conforms to ~he eXPreSse~d desire
of local authorities, the Mas~er Plan and homes in %he s~e&. It shmu~ld be
noted Ghat a major subdivision was approved s~tis being constructed close
by (Tax Map Number 056-1-2).
FLORIDA ,/
STATE OF Y~[ ) /
) ss
COUNTY OF FINELLAS ) Signature
Sworn tc this day of ...... ......................
............ 4. .............
Notary Public
TOWN O;: $OUTHOLD PROPERTY RECORD CARD
. I STREE*_.£¥'~.~G~, ~S*.__L- ~ SU~'. LOT __ --
RES. SEAS. Vb ,.~/// r FARM i,CB. MISC. Mkt. Value
~LAND imp. TOTAL DATE j RE-~RK~-- -- ~ ----"~
.~ ~u~ co~mo~
N~ ~R~L BELOW ABOVE
FARM Acre Value Per Value
Acre
Tillable 2
Woodland . .,
Swampland ., FRONTAGE ON WATER
Brusbl~nd ' ' ' FRONTAGE ON ROAD
House~Plot DEPTH
BULKH~D
I
Total j ¢-,¢ DOCK --. - ~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN O~ SOUTHOLD
ScoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
July 15, 1991
Mr. Ted Dowd
P.O. Box 508
East Marion, NY
11939
Re: Appl. No. 3605 - Conditional 280-A
ROW off the N/s Main Road, Southold (1000-56-1-5.1, etc.)
Dear Mr. Dowd:
We are in receipt of your letter requesting reconsideration for
either an extension of the time to comply with the Board's
conditions rendered July 16, 1987, and further request for an
unlimited time period in order to construct the access road
improvements, as an alternative, in accordance with the
conditions rendered January 9, 1990 rendered under Appeal
No. 3893 (applicants: Michael and Claire Glew, same ROW).
Our previous letter of September 28, 1990 indicated that if
there were no improvements constructed, then the 280-A approval
would become null and void. You have indicated in your most
recent letter that improvements in the amount of approximately
$3,000.00 have been made. Since some improvements were made
during the period in question, the 280-A approval has not been
voided and is still in effect. Therefore, the July 16, 1987
conditions rendered by the ZBA under Appl. No. 3605 (Dowd) must
be complied with as a minimum as applies only to a single
dwelling structure on the entire tract of land.
In the event a subdivision is proposed in the future by you or
the subsequent owner(s) of this parcel, the conditions outlining
the width, type of materials, and depth of construction provided
under Appl. No. 3893 (Glew) must be complied with, as a minimum,
for the entire length which extends from the Main Road (to your
property, of course), or as may otherwise be agreed upon by the
Planning Board and the ZBA at the time of the subdivision.
Please keep us up-to-date and let us know when you are in a
Page 2 - July 15, ~ Mr. Ted
Re: Appl. No.~05 - 280A Conditions
position to finalize completion of the right-of-way improve-
ments.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN O~ SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
July 15, 1991
Mr. Ted Dowd
P.O. Box 508
East Marion,
NY 11939
Re: Appl. No. 3605 - Conditional 280-A
ROW off the N/s Main Road, Southold (1000-56-1-5.1, etc.)
Dear Mr. Dowd:
We are in receipt of your letter requesting reconsideration for
either an extension of the time to comply with the Board's
conditions rendered July 16, 1987, and further request for an
unlimited time period in order to construct the access road
improvements, as an alternative, in accordance with the
conditions rendered January 9, 1990 rendered under Appeal
No. 3893 (applicants: Michael and Claire Glew, same ROW).
Our previous letter of September 28, 1990 indicated that if
there were no improvements constructed, then the 280-A approval
would become null and void. You have indicated in your most
recent letter that improvements in the amount of approximately
$3,000.00 have been made. Since some improvements were made
during the period in question, the 280-A approval has not been
voided and is still in effect. Therefore, the July 16, 1987
conditions rendered by the ZBA under Appl. No. 3605 (Dowd) must
be complied with as a minimum as applies only to a single
dwelling structure on the entire tract of land.
In the event a subdivision is proposed in the future by you or
the subsequent owner(s) of this parcel, the conditions outlining
the width, type of materials, and depth of construction provided
under Appl. No. 3893 (Glew) must be complied with, as a minimum,
for the entire length which extends from the Main Road (to your
property, of course), or as may otherwise be agreed upon by the
Planning Board and the ZBA at the time of the subdivision.
Please keep us up-to-date and let us know when you are in a
Page 2 - July 15, ~ Mr. Ted
Re: Appl. No. ~605 - 280A Conditions
position to finalize completion of the right-of-way improve-
ments.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Ted Dowd
Box 508
East Marion, NY
(516) 477 2402
11939
May 30, 1991
Dear Chairman Goehringer,
In reference to your attached letter of 9/28/911 am
requesting review of my request for an extension to the Appl. No.
3605 - Conditional Variance 7/16/87. Please let me cover the
circumstances surrounding the request.
I had discussed a three year extension with you in July and
September 1989 because the conditional variance would expire in
July 1990 and the costs for improvements were sizeable during a
economic downturn thus creating a considerable hardship. On both
occasions I was assured that a simple letter requesting the
extension would suffice. In May 1990 I contacted the
administrative staff of the Zoning Board of Appeals, explained
the situation and although there was some confusion regarding the
requirements was eventually told to submit the request which was
done on June 29, 1990. In following up on that letter during
July and August 1990 it became apparent that the board was
experiencing administrative problems which precluded my getting
any information on the status of my request. ~
The 9/28/90 letter states that if some improvements were not
constructed within the three year period of the conditional
variance approval would become null and void. However, the
request for extension indicated improvements had been made to
raise the approaches to the railroad tracks. These improvements
included over $1,600 for fill, $1,150 for construction and
grading, $750 for equipment rental which I operated and
miscellaneous expenses for which I can provide receipts.
More important is the fact that I adhered to the objectives
indicated in my original application of constructing a homestead,
farm and nursery. Enclosed are some before and after photos of
the area taken in 1985 and 1990 which were accomplished solely
through my own efforts and those of my wife when I was disabled.
I am requesting that consideration be given to the
improvements, the efforts to date and the commitment that has
been made to the property. The only factor delaying the
completion of improvements is the time needed to allocate funds
due to the considerable cost involved which if increased will
further complicate the problem.
Increasing costs could force one to subdivide the property in
order to recoup some of the expense involved. My intent has
always been to create a family homestead on 7.25 acres growing
Xmas trees and nursery stock which is in consonance with the long
term goals of the Town of Southold. I would like to continue
with such a plan if granted the relief originally requested.
Sincerely,
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF' APPEALS
TOWN OF SOUTHOLD
SCOFF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
September 28, 1990
Mr. Ted Dowd
201 - 13th Street East
Tierra Verde, FL 33715
Re: Appl. No. 3605 - Conditional Variance 7/16/87
Dear Mr. Dowd:
The Board considered your request at our Regular Meeting held on
Wednesday, September 26, 1990, for an extension of time under
Condition No. 5 of the above referenced appeal.
Please be advised that although the Board would consider
extensions in the future, it is without proper jurisdiction to
grant a variance to the condition, unless a formal application
is made. The Board's condition is worded in such a way that the
280-a approval automatically became null and void if
improvements were not constructed during this three-year period.
In the event some improvements were not commenced within the
three-year period, we are enclosing a set of application forms
for your use.
very truly yours,
lk
Enclosures
GERARD P.
CHAIRMAN
GOEHRINGER
11939
June 22, 1990
D~ar Chairman Goehringer,
In accordance with our previous discussions, I am requesting
three year extension of my Application Number 3605 as approved by
the Board of Appeals on July 23, 1967. As we discussed the cost
of the improve~nts is a great deal higher than I had
anticipated.
It should be noted that I made improvements to raima the
approaohes to the railroad tracks and still work the parcel as a
farm and nursery progressively adding stock and improving the
land.
there are any questions please contact me.
Memorandum from · · · ·
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y, 11971
765-1809
To: Mr. Dowd
From: Z.B.A. Office
Date: 7/7/88
Attached per your telephone request is
a copy of the Board's requirements
incorporated in its July 16, 1987
decision (which was forwarded to you
previously).
Also attached is the recommendation
which was considered by the Board
from R.O. Whitney/J. Davis, which
was varied by the Board.
You should use the Board's requirements
in its decision, and ~equests on
inspections should be made either
through the Building Inspector or
through our Office directly.
Please don't hesitate to call if you
have questions.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN RnAD- BTATE RnAD 25 SnUTHnLD, l.h, N.Y. 11971
TELEPHONE (516) 765 1809
July 23, 1987
Mr. Ted Dowd
P.O. Box 508
East Marion,
NY 11939
Re: Appl. No. 3605 280-A Application
Dear Mr. Dowd:
Transmitted herewith for your permanent recordkeeping
is a copy of the recent findings and determination rendered
in the above matter.
At the time of placing the improvements within the
right-of-way as stipulated by the Board's conditions,
please notify either our office or the Building Department
(Mr. Victor Lessard, Administrator) for inspections, in
writing.
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Board Secretary
To:
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
March 31, 1987
From: R. O. Whitney (Reviewed by J. W. Davis)
Re: Appeal No. 3605 - Ted Dowd (280-A) - Access Road
Comments:
There is an existing road from the State Route 25 Highway to
property owned by P. Kelley which is adjacent to the Dowd property.
The length of an access road to and extended into Dowd property
for 25 ft. would be ]392± ft. based on lengths from a Young &
Young survey (Adams Estate 9/23/74), a scaled length (320± ft.)
and a measured length between the State Highway and the center of
the L.I.R.R.R.O.W.
The present road up to the Kelley driveway property is 8~ ft. in
width, consists of stabilized sand, small gravel and loam. Test
hole depths between State Highway and railroad 6"~, other depths of
road material from R.R. to Kelley driveway about the same material,
but at depths from 3" to 4". Road surface at present in fair
condition. R.R. crossing has excessive grades, see attached sheet.
Do not believe long wheel base vehicles could negotiate rails.
Suggest the local fire department inspect the crossing. Culverts
at drainage ditch crossCngs are working. The last 250± ft. of the
above road length (~392± ft.) is cleared only and would have to be
graded and updated.
Recommendations:
~. Road width widened to ~0 ft.
2. Grade road at R.R. crossing with additional fill to provide
grades not more tha~°~ with 1 on-4 side slopes. Use material
containing 15% or more of small gravel, sand and 15% or more
of loam. ~ ~t~ -/~ c~
3.Place a 2" compahte~ surface of 3/4" stone blend on the ~0 ft.
width (1392-250~142~ ft.)
4. Last 250~ ft. (~0 ft. width): Do any necessary clearing to
provide~ ft. of clearance on sides of road.
5..A profile should be submitted indicating how this 250 ft.
length of road will meet the present road as updated.
6. Remove topsoil for 12". Replace with compacted material same
as shown at 2. Note: The profile will indicate depth of
replaced material which should not be less than 6".
7.Place the same 2" top course as noted at 3.
~ ' .
I
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Not±ce
June 18, 1987
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
of Determination of Non-Significance
APPEAL NO.: 3605
PROJECT NAME: TED DOWD
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [ ~ Unlisted [ ]
DESCRIPTION OF ACTION: Approval of Access (280-a)
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more~
particularly knQwn as: ROW off the north s~de of ~ain'Road, Southola, NY
1000-56-1-5.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is an application concerning use over an existing traveled
right-of-way and for requirements satisfactory for emergency access.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
Ted Dowd
Box 508
East Marion, NY
(516) 477 2402
11939
Appeal No. 3605
June 23, 1987
Dear Chairman Goehringer,
I would like to expand the rationale presented to the Zoning
Board of Appeals at the June 18, 1987 meeting on my objections to
the recommendations contained the March 31, 1987 report of Mr.
R.O. Whitney. My letters of January 7 and May 31, 1987 provided
the overall rationale for granting access and why that access was
sufficient for emergency vehicles.
Clearly the recommendations in the report were to build an
expanded roadway and not an access for emergency vehicles. I was
surprised by the report since I had met with Mr. Davis and Pat
Kelly previously to go over the road and did make improvements
after that discussion.
While I do not agree with Item 2 of the report, I would be
glad to further improve the grading at the railroad crossing
since that is an open area and seems to be the major objection
that Mr. Davis raised to me previously.
Items 1 and 3 7 would turn what is now a beautiful and
scenic roadway into a sterile, man made road that would be
degraded aesthetically and environmentally. It would meet with
strong objection from the property owners either side of the road
and infringe on the quality of life of Pat Kelly who has lived
there for nearly 87 years.
As mentioned in my previous letters the road was built in 1646
as a public highway. Large utility vehicles from the telephone
and lighting companies have continuously used the road past Pat
Kelly's house to my property when servicing electric and power
lines. That is because the telephone poles extended past Pat
Kelly's house and the vehicles must proceed down the road to
service the last few poles using my property as a turnaround.
Henry Adams used a portion of his property where the road
enters my farm as a source of sand and gravel for his masonry
business carting truckloads down the road. In addition emergency
vehicles have used the road over the years as testified to by Pat
Kelly who had been the town's police officer. When I was
clearing the farmland for xmas trees and nursery stock, 10
wheeled dump trucks and bulldozers used the road extensively.
The most important factor that supports my position is that
Chief Westerlund of the Southold Fire Department drove the road
in his own vehicle and actually walked the last portion of the
I. ~L:"
road with me pointing out a few trees he would like to see
removed. That portion of the road has more vegetation than the
other because I have not used it extensively this past year due
to a recent accident which slowed the amount of work I had been
doing on my farm and nursery.
My goal is to preserve the natural state of the 7.25 acres I
own and keep it as a farm and homestead. It would seem that the
best course of action would be for me to meet the requirements of
Chief Westerlund along with making improvements at the railroad
crossing. The overall result would conform to the long term
objectives of the town to preserve the agricultural nature of our
environment and meet the requirements of the master plan.
I sincerely appreciate the consideration the board has given
me and am available at the pleasure of the board to meet with
anyone on the property to go over any questions that they might
have.
Respectfully,
Ted Dowd
Box 508
East Marion, NY
(516) 477 2402
11939
Dear Chairman Goehringer,
Appeal No.
3605 (280 A)
May 31, 1987
I met with the Chief A. H. Westerlund of the Southold Fire
Department today to investigate the road that leads to my
property for which I filed the above appeal. Chief Westerlund
indicated that he would have no problem with the road to Pat
Kelly's house in its present condition. He stated that road
width for the remainder of the road would be sufficient for
emergency vehicle access once I removed a few trees that he
pointed out to me.
Chief Westerlund stated that if you would contact him he would
be glad to provide whatever information you desire.
The Chief's input supports the points made in my letter of
January 7, 1987. Mill Path was once a public highway that has
been in continuous use by the Kelly family throughout this
century. Pat Kelly improved the road, and ! made additional
improvements. With the minor improvements recommended by Chief
Westerlund, the road should then meet the requirements of
Southold Town to provide emergency service.
Both Pat Kelly and myself are concerned that the private and
rural nature of the road be preserved. Pat Kelly once had
problems with trespassing, theft and unruly behavior on a
sporadic basis. I am concerned for my xmas trees and nursery
stock along with privacy and preserving the natural environment
of the area. Opening up an improved road when the Chief of the
Fire Department does not require it, seems unnecessary and
against the policy of the Town to preserve the natural state of
the environment whenever possible. It also puts Pat Kelly and
myself in the uncomfortable position of placing increased demands
on the local police force to protect our property when at the
present time we have reduced these problems.
I request that the Zoning Board of Appeals give consideration
to the unique nature of the road and the situation in the area.
Sincerely,
To:
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
March 3], 1987
From: R. O. Whitney (Reviewed by J. W. Davis)
Re: Appeal No. 3605 - Ted Dowd (280-A) - Access Road
Co~m~ents:
There is an existing road from the State Route 25 Highway to
property owned by P. Kelley which is adjacent to the Dowd property.
The length of an access road to and extended into Dowd property
for 25 ft. would be 1392± ft. based on lengths from a Young &
Young survey (Adams Estate 9/23/74), a scaled length (320± ft.)
and a measured length between the State Highway and the center of
the L.I.R.R.R.O.W.
The present road up to the Kelley driveway property is 8~ ft. in
width, consists of stabilized sand, small gravel and loam. Test
hole depths between State Highway and railroad 6"+, other depths of
road material from R.R. to Kelley driveway about the same material,
but at depths from 3" to 4". Road surface at present in fair
condition. R.R. crossing has excessive grades, see attached sheet.
Do not believe long wheel base vehicles could negotiate rails.
Suggest the local fire department inspect the crossing. Culverts
at drainage ditch crossings are working. The last 250+ ft. of the
above road length (]392+ ft.) is cleared only and would have to be
graded and updated.
Recommendat ions:
1. Road width widened to ~0 ft.
2. Grade road at R.R. crossing with additional fill to provide
grades not more than 8% with ! on 4 side slopes. Use material
containing 15% or more of small gravel, sand and 15% or more
of loam.
3. Place a 2" compacted surface of 3/4" stone blend on the !0 ft.
width (]392-250~142+ ft.)
4. Last 250± ft. (10 ft. width): Do any necessary clearing to
provide 3 ft. of clearance on sides of road.
5. A profile should be submitted indicating how this 250 ft.
length of road will meet the present road as updated.
6. Remove topsoil for ]2". Replace with compacted material same
as shown at 2. Note: The profile will indicate depth of
replaced material which should not be less than 6".
7. Place the same 2" top course as noted at 3.
Ted Dcwd
201 13th St East
Tierra Verde~ F1
(813) 867 2761
33715
March ?~ 1987
Dear Linda~
Enclosed sre the items you requested in you letter cf February
5~ 1987. Attachments one~ two and three are the copies cf the
Liber documents. Attachment four is a copy of the NY Telephone
Company's survey cf the telephone poles they installed cn what
they call "Old Town Road". LILCO did not have a map or survey
since they used the telephone company poles.
The title company did an exhaustive study cn the road before
issuing title insurance and could not find any exact dimensions
as the road had been in existence since approximately the year
1646.
I have just returned from the hospital after another operation
and am cn intravenous treatment which has delayed my availability
tc return to Scuthold. If you could let me know cf the
approximate times when a hearing might be scheduled I will do my
best to make it.
If it is pcssible~ I would appreciate it if you would send me
any pertinent information that was placed in my file such as Mr.
Davis' report or inputs from surrounding property owners.
Thank you,
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, ,IR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH R. SAWlCKf
February 5, 1987
Mr. Ted Dowd
201 13th Street East
Tierra Verde, FL 33715
Re: Appeal No. 3605 (280-A)
Dear Mr. Dowd:
The Board has reviewed your application for a Variance
under the requirements of New York Town Law, Section 280-A,
and are now in a position to arrange for inspections and
reports by our engineer, Mr. John W. Davis.
It is requested that you furnish at your convenie,nce
the following for review:
(a) copies of documents filed with the
Clerk's Office at
Suffolk County
(~c~.llxq~. !.ber 2210 page 392 · -qL1Der 546 page 416
(~C. ~d!'~Liber 8541 page 192, as per title
with your application.
~L~(b) any other documentation or maps showing the width
of the part of the right-of-way you are requesting 280-A
approval, in relation to legal width, traveled width,
property lines. [i.e. surveys of other properties, N.Y.
Telephone'Co. pole surveys, etc.]
report submitted
Please don't hesitate to call if you have any questions.
Yours very truly,
BOARD OF APPEALS
By Linda Kowalski
'
lib. ~
Southold Town Board of Appeals
MAIN ROAD- 9TATE ROAD 25 90UTHr-lLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel fre'e to call
our office, 765-1809.
Yours very truly.,, ~
G~'RA~D P. GOEHR~NGER ~'
CHAIRMAN
Linda Kowalski
., Secretary and Board Clerk
Enclosure
NOTICE OF HEARING~q.
N~FE.IS HEUEBY OIV-
EN, pU:~ant to Section 267 of
the Town Law and the Code of
the Town of Soathold, the
following public hearings will be
held by thc ~O~UTHOLD
TOWN BOARD OF APPEALS
at a Regular Meetil!g at the
Southold Town l-[all, Main
Road, Southoldf NY, on
T?IUR~DAY, JUNE 18, 1987~ at
7:35 p.m. AppL No. 3605- t
T~ ~ ~, Variance for Ap-
proval of A~cess pursuant, to
Ne~'~York Town Law, SectiOn/
28t~, over a' prb;~te right-0f-/
w~ocated off the north s de
thWMain Road, Southold,
extending to the applicant':
premises, identified on the Suf
folk County Tax Map aa Distric
1000, Section 56, Block 1, Lo
5.1 (5), containing 7.3± acr{~.
7:40 p.m. Appl. No. 363
Rehearing on Amended Ap-
plication of
EARLY ,L E ~ R N I_..~I.iN_.~
CEIyTE_~. Variance to the Zon-
ing Ordinance, Article III, Sec-
tion 100-30(A) to permit the
establishment of a Day-Care
Center~.{lt premises referred to as
the Vefemns Community Center,
north side of Pike Street, east
side of Wickham Avenue, and
south side of Hill Street, Mat-
tituck, NY; County Tax Map
Parcel lD No. 1000-140-2-39,
containing 1.75_+ acres.
7:45 p.m. Appl. No..3637-__.C.
.KAPOTES. AND
..H~ Variance to the
~O~ance, Article 111,
Section ~[00-31 ~100-32) for p~'*
mission to consiruct deck addi-
tion to dwelling with an
ficient erontyard setbackj¥om
Sound~iew Avenue. Lt~a~tion~Of
Property: East srde ofzGbld
Avenue and south side of
Soundview Avenue, Southold,
NY; County Tax Map Pamel ID
No. 1000-135-2-22.
7:50 p.m. Appl. No. 3641-
BRETT AND JANET KEH~
Variance to the Zoning Or-
dinance, Article 111, Section
100-32(A) for approval of the
construction of an accessory
building with height-in ~.xcess of
maximum 18-feet, or in the
alternative, Article Ill, Section
100-31(A) for permission to con-
struct addition to dwelling with
an insufficient sideyard setback.
Location, of Property: 5500
Main Bayvie~ Road, Southold,
NY; County Tax Map Parcel ID
No. 1000-78-4-32.
7:55 p.m. Appl. No. 3634-
[~ARD F. MULLEN JR.
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.1 (A) for permission to
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
8:05 p.m. Appl. No. 3412 as
Amended- WILLIAM MOORE
WEIG. Variances to the Zoning
Ordinance, Articles: (a) XI, Sec-
tion 100-119.2 for an insufficient
ting duly sworn, says that she is the
G ISLAND TRAVELER-WATCHMAN,
~rinted at Southold, in Suffolk County;
ff which the annexed is a printed copy,
setback from wetlands area, and in said Long Island TravsJer-Watchman
(b) 111, Section 100-31 for an in-
sufficient frontyard setback, for ......................... weeks
a proposed single-family dwell- F~-
ing structure at premises known cing on the ~'
as 675 Meadow Lane, Mattituck ......................
Estates Map No. 4453, Lot No.
42. Mattituck, NY; County Tax
Map District 1000, Section 115,
Block 05, Lot 007, containing
.51 _+ acre.
8:20 p.m. Appl. No. 3629- IR2
yqlN AND SONDRA
T~H___O M P S.~O.N: (To be
reconvened).
8:30 p.m. Appl. No. 3543-
PETER AND BARBARA
H_..~. (To be reconvened).
8:40 p.m. Appl. No. 3640-
.FRANK AND EDITH
.SAWICKI. Variance for ap-
proval of insufficient width of
three parcels in this pending
Minor Subdivision, each having'
a minimum lot area of 80,000
sq. ft. Location of Property:
, north side of C.R. 48 (a/k/a
North Road), Southold, NY;
County Tax Map Parcel 1D No.
1000-51-3-12.1, containing 15±
acres.
8:50 p.m. Appl. No. 3625-
PUDGE CORP. Resolution
concluding hearing. {No oral
testimony.)
8:55 p.m. Appl. No. 3638-
JAMES AND MARY TYLER.
Special Exception modifying
Appl No. 3400 to permit
vehicle doors facing street
side as constructed in this
establishment or' a public garage
under Article VII, Section
100-70(B)14] of the Zoning
Code. Location of Property:
6795 Main Road, Laurel, NY;
Mattituck Holding Co. Minor
Subdivision Lot No. 3; County
Tax Map District 1000, Section
125, Block 1, Lot 19.6.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each hearing will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: May 21, 1987
le this day of
Notary Public
NOTICE OF HEARING ,
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Southold, the follow-
ing public hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS at ·
Regular Meeting at the Seuthold
Town Hall, Main Read, South-
old, New York, on THURS-
DAY, JUNE 18, 1987, at the fo1-
lowing times:
7:35 p.m. Appl. No. 3605.-
TJ~J,=[l~o~Variance for Ap-
provg] of Access pursuant to
New-York Town Law, Section
280-a, over a private right-oil-
way located off the north side of
the Main Read, Southold, and
extending to the applicant'q
premises, identified on the Suf~
folk County Tax Map as District
1000, Section 56, Block 1, Lot
(5)~ containing 7.3 -+ acres.
7:40 p.m. Appl. No. 3632 - Re-
hearing on Amended Applica-
tion of NORTH FORK EARLY
LEARNING CENTER. Vari-
ance to the Zoning Ordinance,
Article III, Section 100-30(A) to
permit the establishment of a
Day-Care Center, at premises
referred to as the Veterans
Community Center, north side
of Pike Street, east side of Wick-
ham Avenue, and south side of
Hill Street, Mattituck, NY;
County Tax Map Parcel ID No..
1000-140-2-39, containing.
1.75 -+ acres.
7:45 p.m. Appl. No. 3637 - C.
KAPOTES AND A. HOMA-
YUNI. Variance to the Zoning
Ordinance, Article III, Section
100-31 (100-32) for permission to
construct deck addition to dwell-
ing with an insufficient front-
yard setback from Soundview
Avenue. Location of Property~
East side of Goldin Avenue and~
south side of Soundview Avenue,
Southold, NY; County Tax Map
Parcel ID No. 1000-135-2-22.
7:50 p.m. Appl. No. 3641 -
BRE~r AND JANET KEHL.
Variance to the Zoning Ordi-
nance, Article IH, Section 100-
32(A). for approval of the con-
struction of an accessory build-
ing with height in excess of
maximum 18-feet, or in the al-
ternative, Article III, Section
100-31(A) for permission to con-
struct addition to dwelling with
an insufficient sideyard setback.
Location of Property: 5500 Main
Bayview Road, Southold, NY;
County Tax Map Parcel ID No.
1000-78-4-32.
7:55 p.m. Appl. No. 3634 -
RICHARD F. MULLEN, JR.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
llg.l(A) for permission to erect
fencing in the frontyard area
with a maximum height of six
feet. Location of Property: East
Side of Cottage Place, Southold,
NY; County Tax Map District
1000, Section 62, Block 3, Lot 19.
8:05 p.m. Appl. No. 3412 as
Amended WILLIAM
MOORE AND BENJAMIN
RERZWEIG. Variances to th6
Zoning Ordinance, Articles:
STATE OF NEW YORK )
) SS:
COUNTYOFSUFFOLK )
· ~' ' ' ,% .. of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy. has been regularly published in
said Newspaper once each week for [
weeks successively, commencing on the
dayof Jun~e 19 87
Principal Clerk
Sworn to. fore m e t hi.~s/~-_~
day of ~ I /J~/;~_
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 12, 1987
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
($16) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3605 application of Ted Dowd
for a variance. Also included are accompanying papers as outlined in
Mr. Dowd's letter of transmittal dated January 7, 1987.
Judith T, Terry ~'
Southold Town Clerk
Zoning Board of Appeals
Southold Town
Southold, NY 11971
January ?, 19~7
Ted Dowd
201 13th St E
Tierra Verde, F1 33715
De~r Board Members,
Attached ~re the documents in a Request for Approval of Access so that I
may build a homestead snd barn on my property ~lon~ Mill Path in Southold.
This letter explains the circumstances surrounding my request.
I purchased 7.3 ~cres from Robert Lang, Jr. in 1983 in order to use 3+
acres to plant Xmas Trees and Nursery Stock for my business (Dowd's
Farm and Nursery) and to eventually build my permanent homestead on
the remaining property. I could have filed for a minor subdivision
but the 3 acres had been farmed once before and the virgin nature
of the parcel made use as a farm and homestead to be more appropriate.
The parcel is situated next to Pat Kelly's parcel our town's senior
retired police officer with whom I was acquainted in my youth. He has
provided immeasureable help in getting me started as he has had a
nursery for years. I have spent three years clearing the land, plant-
ing trees and raising the stock. My wife and I have done the majority
of the work along with assistance from local contractors and high school
students in the Summer. It has not been an easy task.
Both parcels are located along a right of way called Mill Path and also
known as Mill Road or The King's Highway. An extensive title search re-
vealed that the right of way had its origin in 1648 when it was constructed
to enable farmers from Southold to skirt marshlands and bring their grain
to Mill Creek (Arshamomaque Pond) where it was ground. The creek was very
shallow in one section which speeded up the water flow for the mill and
provided a crossing for farmers from points East. The road bec~me part
of The King's Highway until the 18th century when a road could finally be
established across the marshlands. Since that time, the road has re-
mained in its original state except for improvements made by Pat Kelly's
family to give it a year round capability.
After being turned down for a building permit because of ~ccess approval,
I met with Jack Davis of the Highway Dept to determine what needed to be done.
Pat Kelly was present and explained how the roadbed had been laid with
stone and crushed brick. Mr Davis stated that the Zoning Board would be
the final authority, but the approaches over the railroad were too steep
and the road too narrow. I made arrangements with Long Island Railroad to
fill the approaches to the railroad whereupon they covered it with blue-
stone. Then I cleared the sides of the road to widen it while attempting
to preserve the natural state of the right of way which was of particular
concern to Pat Kelly who has lived there since 1905.
My efforts were further delayed in ~n attempt to get LILCO approval for
electric service. This was a lengthy process since only NY Telephone
Co had adequate records on placement of the poles.
1
I now have all the approvals required to build the homestead and barn ex-
cept for that of the Zoning Board. I need the barn to house the growing
amount of equipment (tractors, truck, cultivator, terrace blade, etc).
Both structures would be situated near the edge of the farm amd nursery.
I am submitting my application at this time in order to be able to be
present at the hearing by early Spring. I am still recovering from a
series of operations but will keep in touch with the Bosrd Secretary
on the hearing date.
ROBT' £AN~
dR.
~.A
t.S
R
E
U
R
S
R
Y
W/B~J~
/ ?
MAIN ROAD
(RT 25)
ATTACHMENT 8
MAP OF
DESCRIBED PROPERTY
A T At?SHAMOMAQUE
TOWN OF SOUTHOLD
SUFFOLK CO NY.
CERTIFIED 1'0 ~
USLIF£ T/TIE INSUHANCK CO
TED DOV/D
donock associates
land surveyors and
consulting engineers
riverheod,new ~rk 11901
(516)569-1717
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ....~'~..7.,.. ~9.~.?....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (~6,,*~ ..T.~..D~ ................................................ of ...201..l~+.;h..S.+,..E~,s;f, ........................................
Name of Appellant Street and Number
...~..e...~...a....V..e...~...e..,....F..l. .......................................................... F...]:.,...~.~.~.l.~ ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO...AT~it.3~. ................... DATED ..~Ja,~ch..3~.,..,k9~ .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Ted Dowd
Name of Applicant for permit
of
........... .?.0..!..z3..~..~' .s.~ ..~. ~.~.,e.~ .v..e.~.e. ...... FZo~..~. ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Approval of Access
1. LOCATION OF THE PROPERTY ...... ~.~l~-....~.~h ............................ ~.g.u..'~b.q.1..c~...T..q~...?.b.$,~' .............
Street Use District on Zoning Mop
...!.0.9~ ............ z ........ 95.6. .......... z .......... ~ ......... :... d, ~
/v~ep No. Lot No.
2. PROVISIO.N (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.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(×) A VARIANCE due to lack of access (State of New York Town Law Chab. 62 Cons. Laws
Art, ~6 Sec, 280A Subsection 3
4 PREVIOUS APPEAL A previous appeal ~lO~(has not) been made with respect to this decision
of the Building inspector or with respect to this property.
Such cppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(x) Approval of Access Required under Town Law Sec 280A.
is requested for the reason that
Foz~ ZB1
(Continue on other side)
ATTACHMENT 2
ATTACHMENT
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TABLE OF CONTENTS
CONTENTS
Notice of Disapproval
Appeal Appl~cation (3 cys)
Proof of Mailing of Notice
Short Environmental Assessment Form
Wetland Letter
Certificate of Occupancy
(To be forwsm~ded)
Documents as to Legal Access
Certified Survey (4 cys)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because it would preclude me from building my homestead on 7.3
acres of land to which I have deeded access rights. In addition efforts
to maintain my business would be severely impeded due to the lack of a barn
at a time when my nursery stock needs an ever increasing amount of
attention.
2 The hardship created is UNIQUE and is not shared by all propedies alike in the immediate
vicinity of this property and in this use district because houses e×ist on nearby proper-
ties (Tax M~p Numbers 056-1-4.1 and Il.l) where the occupants have simil~.r
access to their homesteads.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CF-tARACTER OF THE DISTRICT because rather than subdivide the property, I have
put it to agricultural use. This use most conforms to the expressed desire
of local authorities, the Master Plan amd homes in the a~ea. It shou-ld be
noted that a major subdivision was approved~z~dis being constr~cted close
by (Tax Map Number O56-1-2).
FLORIDA
COUNTY OF PINELLAS
)
ss
)
Sworn to this ~ ~
........................................... day ......................... 19
Motory Public
~ &~OV~V
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Soutbold
to request a (Variance) (Special Exception) (Special Permit) ~ [circle choice]
Approval of Access.
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: 1000-056-1-5.1 (Mill Path. Southold. NY).
3. That the property which is the subject of such Petition is located in the following zoning district:
Southold Township
4. That by such Petition, the undersigned will request the following relief:
Approval of access is required under Town Law Sec 280A.
5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under-
signed are Article Section
[x] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
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, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
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 Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: Jsnuary 7, lg87~
Ted Dowd
Petitioner
Owners ' Names: Tad Dowd
Post Office Address
?~l l~+.h ,q+ ~
~ierra Verde, ?1 33715
NAME
Robert Lang, Jr.
James P. Kelly
Robert Sutermeister & Ors
Andrew A. Aurichio
Harry Adams Estate
C/O J.Q. Adams
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
100 Charing Cross, Lynbrook, NY 11563
~Southold, NY 11971
1861 Longfellow St, Baldwin, NY ll510
North Road, Southold, NY 11971
63 Vreeland Avenue, East Rutherford, NJ, 07073
FLORIDA
STATE OF hIE)~KX~O~K )
COUNTY
PINELLAS
Ted Dowd , residing at 201 13th St E, Tierra rede, F1 33715
, being duly sworn, deposes and says that on the R'+.h day
of January ,19 ~7 , 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 $outhold; that said Notices were mailed at the United States Post Of-
(certified) (l~lt~l~.J~ mail.
Sworn to before me this
day
Notary Public
My Commission
; that said Notices were mai ed to each of said persons by
~ IN~kLHDVJ~AV
(This side does not have to be completed on form transmitted to adjoining
property owners.}
... '' made by this boa before any action
(a) In crier to answer the quesClona in thi~ .~hc, rt £A? 19 l~ [,ssune'1%l~at
I[ any question hs~ b~en an~wo~ed Yes ~h~ proJoc~ ~y Le ~!~i~!cant and
(c) !f all questions have been answtrcd No 1~ ls likeky t~[ this project
~c~ ~lgnifican%.
(d) ~'~ ~re~r~enta~
~. Will FroJ~c% r~ui~ in a larBe lhyDical
to %he u~uJ~cC ~lto (,r Dhy~lcal~Y alter ~ore
t~n 1C'acreg of l~nd? · · · · · · · , , .. .. Yes ..X
-~ 2. Will there be a ma~a' change to any ~mlque or
-" Pt" '" Ye~ x
an e.(ig~n6 body of water? · · · , · · · .
~illpro~e_~*, si&nif!cantly effect dralnaa~
6, w(!l pro joe% affe:: any t~entene~ cr
7. W~! project result in a maJcr ad'zerso eff,',ct
Will project have ~ ~aJor offec% on v~,~a.{ c~m~-
9. Will proJec~ adversely [npac% any ~i~e or
10. Will project have a ~aJor offoct on exi~tkug cr
11. Will project, result In :~Jor traffic ploo~.m9 or
Will pruJec% regularl7 cause ohJec%~onPble
1). Will project have any impac~ on public h,~alth o:'
~afety" · · , , · · ' ' ' ' ' -~-
~&. Will p'e cc% ~ffec~ %he e~l:Jt%nK com'~,m~:.7 b7
Fh~i~i~'5 q!~qA~E: / ~ - ' TITT.i Ted Dowd
ATTACHMENT 4