HomeMy WebLinkAbout3605
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MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appl . No. 3605
Application Dated January 7 , 1987
TO: Mr . Ted Dowd [Appellant (s) ]
P .O . Box 508
East Marion , 'NY 11939
At a Meeting of the Zoning Board of Appeals held on July 16 , 1987 ,
the above appeal was considered, and the action indicated below was taken
on your [X] 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 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 Maps as District 1000 , Section 56 , Block 1 , Lot 5. 1 (5 ) ,
contai ni.ng .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
Provisi-ons of New York .Town Law , Section 280-a for approval of
access over .a private right-of-way extending from th-
e 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 a,nd 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
r.oad . appl .ication. 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
i s .n.oted -as fo1 1 ow
(CONTINUED ON PAGE TWO ) .
DATED: July 23 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appl . No . 3605
Matter of TED DOWD
Decision Rendered July 16 , 1987 -
The present traveled road to the Kelley dri.veway 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-.whe.el base vehicles . Culverts at drainage
ditch crossi'n_gs are working . The last 250± feet of the
1392± ft. . length is cleare.d only and will require grading
and up.dati_ng •.. _.
4. It . is the position of the Board members that
the improvements as noted below are necessary for safe and
suffic-ient access by emergency and other veh.ic_les under
the requirements of New York. Town Law , Section 280-a .
The Board does not feel that a waiver or reduction of
the requirements wo.uld 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 min-imal
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 a.re 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_ w.ill be served by allowing
the variance , as conditionally noted below.
Accordingly , on motion by Mr . Grigon" is , 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 , Sect On 56 , Block 1 , Lot 5 . 1 (5 ) ,
containing 7 . 3± acres , . as . applied . in. . the . Application
of TED DOWD , BE AND - HEREBY IS 'APPR.OVED ; .SUBJECT TO THE
FOLLOWING CONDITIONS :
1 . This 280-.a approval is limited requiring
improvements to the.. ri gh_t-of-.w.ay i_n order to, al 1 ow.
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 accord..ance
with all zoning regulations . This 280- a approval shall
not be deemed approval for any other parcels abutting
this right-of- ay 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 ,.- Dlace a 2" compacted
surface of .3/4" ,stone bl.end ;
t r
Page 3 - Ap'pl . No . 3605
Matter of TED DOWD
~Dec-ision Rendered July 16 , 1987
(b ) For. the last 2504- feet :
1 . Remove topsoil' 12 " deep , replacing with
compacted . material• [con.taining. 15% or more of small gravel ,
sand , and 15% or more of loam] ;
~ 2 . place- 2" . top course (compacted surface )-.
of -3j4" stone b-lend (10 feet wide).; ;
3 . prof-i..le to be., submitted indicating how
t•h,is •. 250 . ft`: length of road will meet the present road as
updated ; prof i.l-e will indicate depth of replaced material
which s oul.d` not be'� 1_ess than '6
(c ). Grade- r. oad_ at rai.1 road--crossi ng_ with a d d i - .
t'i-onal fi 11. to-.- provide grades not- more -than. 1,: 1:0. [10%] with
on 4- si de .•s1 o p e s . F.i.l l to contain 15% or--more :.of. smal l
gravel sand and. 15% _or, more of .1oam .. 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 >f-eet in- wi..dth: and . mi nimum-: height. at: 12 feet .
A Right ' of�way- to be con-tinuously - maintained :
=. . . ' 5. . If right-of-way 'improvements are not constructed.
i n three years , _thi. s. 28.0-.a, approval, w'i 11 automati ca.l l.y become
nu:ll -�a:nd • void . : :.:.
Vote of the Board.: Ayes : _ ' Messrs . Goehringer , Grigonis ,
Doyen , Douglass and ' Sawicki .-... This resolution wa-s-unanimously
D P G0EH I N G R, YIRM N
July 23 , 1987
4
l
NOTICE OF HEARINGS
NOTICE IS HEREBY 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 ; "JUNE '18 , 1'987 ; 'at the following times --
7 : 35 p .m. Appl . N'o . ' 36.05 - TED 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 1 , 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 100=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 . No . 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 insufficient 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 100-32 (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 100-31 (A) for permission to construct
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 . '
ti
.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 100-119. 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; Cou.n'ty. Tax Map District 1000 , Section 62 ,
Block 3 , Lot. 19 .
8 :05 .p .m. Appl . No . 3412 as Amended - WILLIAM MOORE and
BENJAMIN 'H£RZWEIG.--- 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 , Mattituck
Estates Map #4453 , Lot #42 , Mattituck , NY ; County Tax Map
District 1000 , Section 115 , Block 05 , Lot 007 , containing
. 51 ± acre .
8 : 20 p .m. Appl . No . 3629 - IRWIN AND SONDRA THOMPSON .
(To . be reconvened) . , .
8 : 30 p .m. Appl . No . 3543 = PETER AND BARBARA HERZ .
(To be reconvened)
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 86,000 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 -3-12 . 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
of a public garage under Article VII , Section 100-70 ( 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 1 , 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 information ,
please call 765-1809 .
Dated : ' May 21 , 1987 . BY ORDER OF. THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P . -GOEHRINGER , CHAIRMAN
:Linda Kowalski , Board Secretary
------------------------------------------------------------------x
Notice to Newspapers : Please publish once , to wit , June 11 ,
1987 and forward two affidavits of publication to : Board of
Appeals , Main Road , Southold , NY .11971 on or ' before June 15th .
.Thank you .
------------------------------------------------------------------x
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . a?f-c. +. . . l. . . . . . 19 100-;'�
To ./f<. . . . .. . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . . . ... 5. . . . . . ..: (( . . . . .. 19 0'�
for permit to construct . Oz�Zf5, . .7t917?!.6 !���va . . . . . . . . . . . . . . . . . . . . . . at
-G LU .ti S �,,((�� -/
Location of Property . . . . . . . . . . .�. . .l.`z.�l�?. . . . . f!�. . . . . . . . . . . . . Z.24l4V �J ,
House No. _ Street Ham/etr
County Tax Map No. 1000 Section . . .CJ . . . . . Block . .v' / . . . . . . . . Lot . .dd . . . . . .
Subdivision . . . . ... . . . . . . . . . Filed Map No. . . . . .—. . . . . . . . . Lot No. . . .`.. . . . . . . . . . . ../
is returned herewith and disapproved on the following grounds�CNJ`Ze'sc'-'!�-, , �, a�CE55t p�� -
. . -?s. . . . . . . .. . .. . ... . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . :. . . . . . . . . . . . . .
Building Inspector
RV 1/80
1.
ATTACHMENT 1
RECEIVED /,2.66
`BAN 121987 TOWN OF SOUTHOLD, NEW YORK
Town COPT9 010'ROM DECISION OF BUILDING INSPECTOR APPEAL NO. C� 5
DATE ....,?Qq...7..,.J.0.7....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (VM9 ..Ted..1)Qwd................................................of ...2Ql..l3th..Qt..East........................................
Name of Appellant Street and Number
Tierra Verde, Fl ........... Fl?...33715 HEREBY APPEAL TO
........................................................................... ............
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ..ATM..lA................... DATED ........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Ted Dowd
.................................................................................
Named Applicant for permit
of 201 lath St.E..............Tierra ..................... Florida...............
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(x ) Approval of Access
1. LOCATION OF THE PROPERTY ......Milk„P4th........................... Southold„Township......,,.,,,,
Street Use District on Zoning Map
...1000.....................o56......................1..............5.1
Mop 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 Zoning Ordinance or Zoning Map
(x ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal j(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal 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
Form zsl - (C6ntinue on other side)
ATTACHMENT 2
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unheces-
scry 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 properties alike .in the immediate
vicinity of this property and in this use district because houses exist on nearby proper-
ties (Tax Map Numbers 056-1-4.1 and 11.1) where the occupants have similar
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 subdivide the property, I have
put it to agricultural use. This use most conforms to the expressed desire
of local authorities, the Master Plan and homes in the area. It should be
noted that a major subdivision was approved and is being constructed close
by (Tax Map Number 056-1-2) .
FLORIDA
STATE OF)aKW =K )
ss ......... .. .......:�... .. ..............
COUNTY OF PINELLAS ) Signature
Sworn to this ........ day of c�c
....... ...................... 19
............ J. ............. =
Notary Public = _
W W Pub9c.State of Raids at large __
i'dy Commission Expires DEC.19, iSb7 -
zk 1LI aWHDVJ Le -
TOWN OF SOUTHOLD PROPERTY RECORD CAR®
OWNER STREET VILLAGE DIST. SUB. LOT
FORMER OWNER N ri E ACR.
CAIC-
S r �� W TYPE OF BUILDING
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RES. SEAS. VL. 3// FARM COMM. CB. MISS Mkt. Value
LAND IMP. TOTAL DATE . REMARKS
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AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre
Tillable 1
Tillable 2
'J"'Inble 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House_Plot DEPTH
BULKHEAD
Total -tom O-D DOCK
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„s`'.,,. SCOTT L.HARRIS
APPEALS BOARD MEMBERS 1 f:',�"�,��'�`����,
v >, h Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis'Jr.
h `�,, -� � Town Hall,53095 Main Road
Serge Doyen,Jr. v '" _
P.O.Box 1179
James Dinizio,Jr.
Southold N ew York 11971
Robert A.Villa • °t� `
' �, ,• � � Fax(516)765-1823
Telephone(516)765-1809 = Telephone(516)765-1800
BOARD OF APPEALS
TOWN Off'SOUTHOLD
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 (clew) 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, I IMr. Ted D, ARe: Appl. No. 30'05 - 280A Conditions
position to finalize completion of the right-of-way improve-
ments.
} Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
APPEALS BOARD MEMBERS � '` n � (f, SCOTT L.HARRIS
Gerard P.Goehringer,Chairman , .. ��.j'� R Supervisor
Charles Grigonis,Jr.
Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio,Jr.
Southold,New York 11971
Robert A,Villa
Fax(516)765-1823
Telephone(516)765-1809 `+ Telephone(516)765-1800
BOARD OF APPEALS
TOWN 4 SOUTHOLD
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 (clew) 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, 1 Mr. Ted DoV
Re: Appl. No. 280A Conditions "
position to finalize completion of the right-of-way improve-
ments.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
rr
Ted Dowd MAY
Box 508 3 ® 1991
East Marion, NY 11939
(516) 477 2402
May 30, 1991
Dear Chairman Goehringer,
In reference to your attached letter of 9/28/91 I 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 lequest .
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-.. p.lan if granted the relief originally requested .
'`
j" Sincerely,
a
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APPEALS BOARD MEMBERS � �' 'R;{` �� '� SCOTT L. HARRIS
5 ` Supervisor
Gerard P. Goehringer, Chairman
u �
Charles Grigonis, Jr. -°v`'� `J °
Serge Doyen, Jr. Town Hall, 53095 Main Road
P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD 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,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosures
:J
D
Ted Dowd
Baas 508 JUN 2 5
Esst Mar±on, HY 11939
(516) 477 2402 Z
June 22, 1990
Dear Chairman Gaehr±nge•r,
In accordance with our previous discussions, I am requesting a
three year extens±an of my Appl±cat±an Number 3605 as approved by
the Board of Appeals on July 23, 1987. As we discussed the cast
of the improvements ±s a great deal higher than I had
ant±c±ppated.
It should be noted that I made improvements to ra±se the
approaches to the ra±lroad tracks and st±ll wark the parcel as a
farm and nursery progress±vely add±ng stack and ±mprav±ng the
land.
If there are any questions please contact me.
�:i•nce�ely~m , ~�
1
Memorandum from . . . .
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
i
-Date' 7/7/88
To: Mr. Dowd
From: Z . B.A. Office
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 requests 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 .
V-51 ;<a „ * `; Southold To ®f Appeals
®� � MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 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 ,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure Board Secretary
Copy of Decision to :
Building Department
To: Gerard P. Goehringer, Chairman March 31 , 1987
Southold Town Board of Appeals
From: R. 0. 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 K
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 ( 1392± ft.) is cleared only and would have to be
graded and updated.
Recommendations:
L-'"1 Road width widened to 10 ft. Q
2. Grade road at R.R. crossing with additional fill to provide ,^`
grades not more than° with 1 on-4 side slopes. Use material
containing 15% or more of small gravel, sand and 15% or more of loam. Ay,, V a,�
/f 3. Place a 2" compacte surface of 3/4" stone blend on the_ 10 ft.
width- ( 1392-250c1142± ft. )
t,,-4. Last 250t ft. ( 10 ft. width) : Do any necessary clearing to
\ provide p ft. of clearance on sides of road:
5. A profile should be submitted indicating how this 250 ft.
�v1 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. , -
R. 0. Whitney
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T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS June 18, 1987
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON IS,JR. $ E.Q.R.A.
SERGE DOYEN, JR.,
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO. : 3 6 0 5... ...... ......
PROJECT NAME: TE'D '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 [ g] Unlisted [ ]
DESCRIPTION OF ACTION: Approval- of Access -(280-a)
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: ROW off the north side of Main Road, Southold , 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 Kowalski, 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.
me
I
Ted Dowd Appeal No. 3605
Box 508
East Marion, NY 11939
(516) 477 2402
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, 1967 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
S/1
r '
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
obdectives 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,
t.
Ted Dowd Appeal No. 3605 (280 A)
Box 508
East Marion, NY 11939st
(516) 477 2402 ' p,7
` ��w�. .?
May 31, 1987
9
Dear Chairman Goehringer,
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.
1
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 I 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.
�J�UC'
A
To: Gerard P. Goehringer, Chairman March 31, 1987
Southold Town Board of Appeals
From: R. 0. 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 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 ( 1392± ft.) is cleared only and would have to be
graded and updated.
Recommendations:
1 . Road width widened to 10 ft.
2. Grade road at R.R. crossing with additional fill to provide
grades not more than 8% with 1 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 10 ft.
width ( 1392-2.50s1142± ft. )
4. Last 250± ft. 60 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 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.
Ir
R. 0. Whitney
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Ted Dowd
201 13th St East
Tierra Verde, F1 33715
(813) 867 2761
March 7,, 1987
Dear Linda,
Enclosed are the items you requested in you letter of February
5, 1987. Attachments one, two and three , are the copies of the
Liber documents. Attachment four is a copy of the NY Telephone -
Company's survey of the telephone poles they installed on 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 on 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 on intravenous treatment which has delayed my availability
to return to Southold. If you could let me know of the
approximate times when a hearing might be scheduled I will do my
best to make it.
If it is possible, 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,
�o�
o
C= Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. February 5 , 1987
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
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
repo.rts 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 Suffolk County
Clerk ' s Office at
i ber 2210 page 392
Liber 546 page 416
�G 3'0- Li ber 8541 page 192 , as per title report submitted
i with your application .
Q (b ) any other documentation or maps showing the width
c,,� 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 . ]
Please don ' t hesitate to call if you have any questions .
Yours very truly ,
BOARD OF APPEALS
By Linda Kowalski
Id wn Sour" U 10
Board ®f AppealsMAIN ROAD - STATE ROAD 25 SOUTHOLD L.I., N.Y. 11971
r
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
publi-c. hearing will not start before the time allotted in
the Legal Notice .
If you have any questions , please feel free to call
our office , 765-1809 .
Yours very t r 1 �// lr
G RARD- P . G0EHRINGER
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
j NOTICE OF HEARINGS
NOTI'CE'IS HEREBY GIV-
EN,pu''rsuant to'Section 267 of COUNTY N TY O F S U F FO L K the Towh Law.ands the Code of ss:
the Town 'of,.Southold, the STATE OF NEW YO R K
following publichea'rings will be - —v---- ..
held , by 'the AO.UTHOLD
TOWN BOARD'O�APPEALS at a Regular Meetiri 8:0'S'p.m�Appl. No. 3412 as in due Sworn says that she IS the
g gat the l Y
Southold- Town, Hall, Main Amended-WILLIAM MOORE- I g y
Road, Southold NY, on AND BEIUA_M11N H.ERZ-' { ISLAND TRAVELER-WATCHMAN,
THURSDAY,JUNE 18, 1987,at WEIG. Variances to the•Zoning' I)rented at Southold, in Suffolk County;
Ordinance,Articles:(a)XI,Sec-
the folio-wing times: )f which the annexed is a printed
1 tion 100-119.2 for an insufficient P copy,
7:35 p.m. Appl. No. r Ap_ setback from wetlands area and n said Lon Island Traveler-Watchman
�'ED�i�Variance for Ap- � g �'
roval.'of Access (b)1II,Section 100-31 for an in-
P pursuant to sufficient frontyard setback, for weeks
' New•''Yor`k Town•Law, Section.
' a proposed single-family dwell-
280-a, over a private,right-of- ing structure at premises known
way located off the north side of c i n g on the . . . . . . . . . . . . . . . . . . . . . .
as 675 Meadow Lane,Mattituck
the,'Main Road, Southold, an Estates Map No. 4453 Lot No.
extending to the `applicant' 42. Mattituck,NY;County Tax 7
premises,identified on the Suf • • • • • • • •, 19 • . .
folk County Tax Map as Distric __'_Map District 1000,Section 115,
1000, Section 56, Block 1, Lot BIo'ck O5, Lot,007, containing
.51± acre. - t:
5.1 (5), containing 7.3-1 acres " " " " " "
7:40 p.m.�Appl. No. 3632.
Rehearing on' Amended Ap- 8:20 p.m.Appl.No.3629-IR-=
lication of NO TH FQRK. WIN AND SONDRA
P `EARLY_ . LEARNING I THM0SN (To
be 1
reconvened
CENTER.Variance to the Zon- > e this . . . . . . . . . . . . . . . . . . . . . day of
ing Ordinance, Article III; Sec- 8:30 p.m. Appl. No. 3543-
tion 100-30(A) to permit. the PETER AND BARBARA 7
establishment of a Day-Care HERZ. (To be reconvened). 1 g . . • • •
Center,at premises referred to as 8:40 p.m. Appl. No. 3640-
the.Veterans Community Center, ', FRANK AND EDITH
! north side,of.Pike Streit,"'ast SAWICKI Variance for ap-
side of Wickham'Avenue, and Proval of insufficient width of
south side of Hill Street,,Mat-_ three parcels in this pending
Minor Subdivision e g v!' • . .
tituck; NY; County Tax`Map. each having'
Parcel ID No. 1000=140-2-39, a minimum lot area of 80,000 Notary Public
containing:il 1:75± acres. sq: ft. Location of Property:
north side of C.R. 48 (a/k/a
7:45 p.m.Appl. No.:3637-C. North Road); Southold, NY 13ARBARA 1F'OrRBES
KAP'OTES. AND A. County Tax Map Parcel ID No. Notary Public, State of New York
HOMAYUNI. Variance to the 1000-5I-3-12.1, containing 15± No. 4806846
Zoning,"Ordinance Article II1; acres. Qualified in Suffolk County
Section 100-31 (106-32)for per-' 8:50 p.m. Appl. No. 3625- Commission Expires 3/ 19 J'8"
mission to construct deck addi- I FUDGE CORP. Resolution
tion to dwelling with an insuf-, concluding hearing. (No oral
•fi6ent4rontyard setback,-from testimony.)
Soundview Avenue. Location of I 8:55 p.m. Appl. No. 3638-
Property:-East' side of Goldin DAMES AND MARY TYLER.
Avenue and `south side',of Special rException modifying I
Soundview Avenue, Southold, I APPI No. 3400 to permit i
NY;County Tax Map Parcel ID vehicle doors facing street
No. 1000=135-2-22.
side as constructed in this
7:50 ;:p.m. Appl. No. 3641- establishment of a public garage
BRETT AND JANET.KEHL. under Article VII, Section
Variance to the Zoning Or- 100-70(B)[4] of'the Zoning
dinance, Article III, Section Code. Location of Property:
100-32(A) for approval of the 6795 Main Road, Laurel, NY;
construction of'an accessory Mattituck Holding Co. Minor.
i building with height"in excess of Subdivision Lot No. 3; County i
maximum 18-feet, or in the Tak Map District 1000, Section
alternative, Article I11, Section. 125, Block 1, Lot 19.6. ,
100-31(A)for,permission to con- The Board of Appeals will
struct addition to dwelling'with hear at said time and place all I
' an insufficient•sideyard setback. Persons or representatives desir-
Location Sof`Property:. 5500 ing to be heard in each of the
Main Bayview Road,Southold, above matters.Each hearing will.
! NY;County Tax Map Parcel ID not start before the time allot-
No. 1000-78-4-32. ted. Written comments may be
7:55 p.m. Appl. No. 3634- submitted prior to the conclu-
RICHARD F. MULLEN, JR. sion of the subject hearing. For'
Variance to the Zoning Or- more information, please call
dinance, 'Article XI, Section 765-1809.
100-119.1 (A)for permission to, Dated: May 21, 1987
RV nRr1RA nF T
_ NOTICE OF HEARING
NOTICE IS' HEREBY
GIVEN,pursuant to Section 267
of the Town Law and the Code of j
" the Town of Southold,the follow- i
ing public hearings will be held !
by the SOUTHOLD TOWN STATE OF NEVY YORK )
BOARD OF APPEALS at a• ) SS:
Regular Meeting at the Southold COUNTY OF SUFFOLK )
Town-Halt, Main Road, South--
old, New York, on THURS-
DAY,JUNE 18,1987,at the f61- 1 lowing times: Richard Wi 1 1 i am. __ of Greenport, in
7:35 p:m. Appl. No. 3605.- said County, being duly sworn, says that he/she is
ZED-" - ariance for Ap- ` ,
provyl of Access pursuant to Principal Clerk of THE SUFFOLK TIMES, a Weekly
New.York Town Law, Section 1 Newspaper, published at Greenport, in the Town
280-a, over a.private right-of
1, way located off the north side of of Southold, County of Suffolk and State of New
the Main Road, Southold, and ! York, and that the Notice of which the annexed is
extending to the applicant's
premises, identified on the Suf a printed copy, has been regularly published in
i folk County Tax Map as:District
i 1000,Section 56,Block 1,Lot5.i said Newspaper once each week for 1
(5)-containing 7.3± acres. + weeks successively, commencing on the 11th
7:40 p.m.Appl.No.3632-Re-
hearing. on Amended Applica- day_of June 19 8 7
I tion of NORTH-FORK EARLY
t• �
LEARNING CENTER. Vari-
ance to the Zoning Ordinance,-..
Article,III,Section 100-30(A)to • u °
II permit' the establishment of a
( Day-Care. Center, at premises Principal Clerk
�(( referred to the Veterans.
Community.. Center, north side.
of Pike Street,east side of Wick- I Sworn t b fore me this '
ham Avenue, and south side of
Hill Street, Mattituck, NY; day of 19Y7
County Tax Map Parcel ID No, o�
1000-140-2-39, containing. N � �'�10•
1.75.t acres. k �/
7:45 p.m. Appl.No.3637-C. rim al(8S F�� [1
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- j
yard setback from Soundview
` Avenue. Location of Property:
f East side of Goldin Avenue ands
{ south side of Soundview Avenue, I
Southold, NY; County Tax Map
Parcel ID No.1000-135-2-22.
7:50 p.m. Appl. No. 3641 - I
BRETT AND--J-ANET-KEHL.
Fp Variance to the Zoning
Ordi-nance, Article III, Section 100-
�, 32(A)_for approval -of-the-con- d
struction of an accessory build-
ing with height in excess of
I maximum 18-feet, or in the al-
ternative, Article 111, Section i
. 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;
i ' County Tax Map Parcel ID No.
1000.78-4-32.
7:55 p.m. Appl. No. 3634 -
RICHARD F. MULLEN, JR:
p Variance to the Zoning Ordi-
nance, Article XI, Section 100-
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,
i NY; County-County_ Tax Map.-District I
1000,Section 62,Block 3,Lot 19.
8:05 p.m: Appl. No. 3412 as
Amended WILLIAM
MOORE_ AND BENJAMIN-
.'HERZWEIG. Variances to the
.1 Zoning Ordinance, Articles: (a)
XI, Section 100-119.2 for an irn
_sufficient setback from wetlands_ I
area, and(b)III,'Section 100-31
for an insufficient frontyard set-
back, for a proposed'single-fam-',
ily dwelling structure at prem-
ises known as 675 Meadow
Lane, Mattituck Estates Map
r #4453,Lot#42,Mattituck,NY;,
r County Tax Map District 1000,' .•
Section 115, Block 05, Lot 007,-, i,
containing.51-t acre.
p 8:20 p.m. Appl: No. 3629 =
IRWIN AND , SONDRA-
THOMPSON. (To be recon-`'D
vened)
8:30 p.m. Appl. No. 3543 -
PETER AND BARBARA
HERZ.(To be reconvened)•
& 8:40 p.m. Appl. No. 3640 -
p 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 80,600 sq:
ft. Location of Property:.-north
side-of-C:R: 48 (a/.k)a•-North
Road), Southold, NY; CounCq
Tax Map Parcel ID No.100QUI
3-'12.1,-containin-g 15±"acres. I
8:50 p.m. Appl. No. 3625 -
PUDGE ' CORP. Resolution 9
concluding hearing. (No oral I
teastimony.)
8:55 p.m. Appl. No. 3638
JAMES AND MARY TYLE&
Special Exception , modifying..
Appl.No.3400 to permit vehicle.
doors facing street side as con-- I
f . strutted in this establishment of,.d
a public garage under Article I
g VII;Section 106-70(B)i41 of the
Zoning Code. Location of Prop`
I erty: 6795 Main Road, Laurel;
NY; Mattituck Holding Co:
Minor Subdivision Lot #3 i
County Tax Map District 1000,
Section 125,Block 1,Lot 19.6.
The Board of Appeals will o
hear at said time and place'all:o
persons or representatives desir=
mg to be heard in each of-the
above matters. Each hearing,.
will not start before the time al-
r lotted. Written comments may 9
z
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 12, 1987
To: Southold Town Zoning BoardIof Appeals
From: Judith T. Terry, Southold Town Glerk
Transmi-tted 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; 1987L
Judith"".T-: Terry
Southold Town `Clerk
Zoning Board of Appeals
Southold Town
Southold, NY 11971
January 7, 1987
Ted Dowd
201 13th St E
Tierra Verde, Fl 33715
Dear Board Members,
Attached are the documents in a Request for Approval of Access so that I
may build a homestead and barn on my property along Mi 1 Path in Southold.
This letter explains the circumstances surrounding my request.
I purchased 7.3 acres 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 (Arshamoma.que 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 became 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-
maned '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 access 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 an 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 and 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 Board Secretary
on the hearing date.
Si re--
2
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MAP OF..
DESCRIBED PROPERTY .
AT ARSHAMOMAOUE'
CERTIFIED TO r
TOWN OF SOUTHOLD USL/FE TITLE INSURANCE Co.
TED DOW10
SUFFOLK CO. N.Y.
ernsco wesr Aa Rrr 1w
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OF NEW
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MAIN ROAD * Y��-�rh�°� consulting engineers
(RT. 25) P 313 west main street
ATTACHMENT 8 °'1 N449263 �'� riverhead new rk 11901
sfOLANDs� (516)369-1717 (2)746-3020
June 8,1983 Job Ns83-256
1000-056-01-05 scale:le•100'
i
TABLE OF CONTENTS
ATTACHMENT CONTENTS
1. Notice of Disapproval
2. Appeal Appl:b6ation (3 cys)
3. Proof of Mailing of Notice
4, Short Environmental Assessment Form
5. Wetland Letter
6. Certificate of Occupancy
(To be forwarded)
7. Documents as to Legal Access
8. Certified Survey (4 cys)
jJ•
r
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: 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 Southold
to request a (Variance) (Special Exception) (Special Permit) Other) [circle choice]
Approval of Access. ).
2. That the property which is the subject of the Petition is located adjacent 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 Southold 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) 7d5-1809.
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-Matt ituck 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: January 7�198'
Ted Dowd
Petitioner
Owners ' Names : Ted Dowd
Post Office Address
ern 1�+,h s+. R
$ierra Verde, F1 33715
rt -
"l
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Robert Lang, Jr. 100 Charing Cross, Lynbrook, NY 11563
James P. Kelly SSouthold, NY 11971
Robert Sutermeister & Ors 1861 Longfellow"St., Baldwin, NY 11510
Andrew A. Aurichio North Road, Southold, 'NY 11971
Harry Adams Estate 63 Vreeland Avenue, East Rutherford, NJ, 07073
CZO J.Q. Adams
FLORIDA
STATE OF 9ElX]i)=K )
COUNTY OFEOM) ss.:
PINELLAS
Ted Dowd residing at 201. 13th St E, Tierra Verde, Fl 33715
.being duly sworn, deposes and says that on the a+,h day
of January. , 19 8, 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-
fice at. Tierra Verde, Fl ; that said Notices were_m_4Jl_ed_.t.o_e.ach of said persons by
(certified) ( :smail.
Sworn to before me this ,
day of , 19
Notary Public
Notary Publrc, Stata of Florida at Lap
MY Commission Expires Ia 106 Ign
ZNZNHOVJJV
(This side does not have" to be completed on form :tra.nsmittdd -to adjoining
property .owners.. ) - "
;dip .
r
L
{
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 properties alike in the immediate
vicinity of this property and in this use district because houses exist on nearby proper-
ties (Tax Map Numbers 056-1-4.1 and 11.1) where the occupants have similar
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 subdivide the property, I have
put it to agricultura]. use. This use most conforms to the expressed desire
of local authorities, the Master Plan and homes in the area. It should be
noted that a major subdivision. was approved and is being constructed close
by (Tax Map Number 056-1-2).
FLORIDA
STATE OF U = )
ss .........
COUNTY OF PINELLAS ) Signature
Sworn to this ...... .................................... day of.... ........... 19Z" 4.
8 '7
v
.............. ..................................................................
Notary Public
11fty Pift Stffie of Florlde at Large
Iffy Commission Expires DEC.19, 1W
Z.
_ = ,
s
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ....d=...7.,..19$.7....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y,
1, (VM ..TQd..)QWd................................................of ....2Q]...1.3t,h..Qt..East........................................
Name of Appellant Street and Number
Tierra Verde, F1 Fl371
71 • • •• r. ..........HEREBY APPEAL TO
Municipality.................................... State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ..ATra.1A................... DATED ..MaxQh..3�....�.98�........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
..........Ted,Dowd.
.... . ..... ....
Name of Applicant for permit
of
. .201,.D-th St E............ Tierra. Verde................... ....Florida
.......
PERMIT TO USE y
Street and Number Municipality State
( )
( ) PERMIT FOR OCCUPANCY
(x ) Approval of Access
1. LOCATION OF THE PROPERTY ......M. .�l..Ptah........................... Southold• Township
Street Use District on Zoning Map
1000 .—........956..........-..........I........-......5.1
. ... ........ ..
Iv ap...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 Zoning Ordinance or, Zoning Map
(x ) A VARIANCE due to lack of access. (State of New York Town Law Chap. 62 Cons. Laws
Art.. 16 Sec. 280A Subsection'3
4. PREVIOUS APPEAL A previous appeal j(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas 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
Fo= ZB1 (Continue on other side)
ATTACHMENT 2
- a
. . G „•
mission of this f'orirr, and an euv i r onmeli Ld I rev ruv.
• • • made by this .boa-,' before any acticiri is taken :
sHo2'r �.rlvlllora.�eri'raL A ,s: ;:,Mr:'IT F•
(a) In oracr to answer the question-3 in this sht,rt £AF lh is assuraed that tore
prerarer will use currently availablo filfur.Ar•iOil corXurninu, tho pr'ojacr ani the
likely irlpact3 of' the action. It is not Qcpcetcd that additior.al atu•l:.e'!-, rsccarch
or Other investigati,311'+ will be undertakers.
(b) If any qucsLion has hoen answered. Yey 'tin pro joct rmiy Le significant and a
ccr.pleted EnvircnT:ental Assessr;ent Form :.•s rrecer:�rrr;'•
(c) If all questions have been an3wercd !Io 1. is likely thot thi3 project In
nf:% significant.
(d) Fnviro^rental Assesy -rr+tnt
1. will p.o ject result in a•.large , hysical rhfing,o
to the project situ or physi,:a y a1Ler more
than 1C acrL'ts of land? Yen .X tic+
2. Will there be a major change to ar•,y unique or
unlrstial lan•t for.:, on tho aita? w_._. 'qua x NO
• Rill rrc:�r r,t: alter or t.avn a largo dffact on
an a;ciiting body Of watel'? Yen X r'u
4 ��+,�: p:'cj^;t gave it potentially .iurbra impact . on
•
groundwuter quality? . r ___ Yer, x_,_ ir;
5.. Will project significantly effect drainage fl�yvr
Oil ad.laccnt si7.es'' . . . . . . . . . . . •.----- !e7 X_._ ';0
6. W.:11 projact affect any threitteneu cr endangerod
plant or an-Jr-.al specie3? Yea X
T. di;1 prc,ect result in a rrajcr ad-terse effect on
air 'aL'c111t;ice •. • • . • a . • • • • re? X_� tin
Q. Will prc;ect have a major effect on
aster of tre community or: scenic' vi,:wa or vi.s[Uu
known to be important to ,ths cc1.'-mrr1t7? les x i:e
g. Will project adversely Inpact any site or ntrl.r.r, y
ure of historic, pro-niscoric, or prrloontOIC-11cul
importance or any site designated as a critical
envircnnent:�i area by n ccal aguricy? ____ Yon x� ;I
10. Wiyl project havr, a major affect on exizi.tirlg or Yer, X ?Io
future recreational. onporcunitien'1 • _�.. ._..
11. Will pr•c iec: result in major traffic pr•o'blinr3 or
cause - major effect to existing; tr+.n,p+.rr,aticri
system.s? • • • • • • • • • • • Yea
12. Will project regularly cause ohjec:icnable
noise, glare, vibrati.,n, or elecr.rleri di3t+irt- `
ante as result of the project'!; GpCI'C tiOn? • c.3Y.
13• Will protect have any impacr, on Public hdalth. ar
'{l$
safety r r r . • _�_
1L. Will prcjecL fl'act the exirstingr, corr.ur.' :,y by
directly causing a ercath in pet•eranar:t popr.la--
tion of more t h,n 5 percent over a one-year
period or have a ma for negative eft'c.ct. on tr.e
character of he community :i• nel.;hLor:iocd? Yew x t:a
15. Is there pubs crs ccncr r:.ng,, civ: x `i°
i"tEf'Ai?f'7?•S SIG;IAT"p::: _ _ ,_ TITU: Ted Dowd .__..
.� PRES-'ITI'IG: DATE: Jams.192 7 --___
9/l/78
ATTACHMENT 4
O -
SEE SEC-NO.052 - -
LINE - SEE SEC.No. 052
tIATCH INE
SEE SEC.NCl OS2
--`-- —__ L MATCN `
LINE MATCH
FOR PARCEL NO. I
SEE SEC NO.O52 s
06-0.
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