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HomeMy WebLinkAboutTB-01/10/198960 SOUTHOLD TOWN BOARD JANUARY 10, 1989 WORK SESSION Present: ~,Supervis~r. Francis J. Murphy, Justice Raymond W. Edwards (9':20 A.M.), Councilwoman Jean W. Cochran, Councilman George L. Penny IV', Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Assistant Tow Attorney Robert H. Berntsson. EXECUTIVE SESSION Board discussed C.S.E.A. contract negotiations and P.B.A. contract (Councilwoman Cochran absent during this discusSion) negotiations. 9:40 A.M. - Planner Valerie Scopaz, and Planninc~ Board members Bennett Orlowski~ Jr.,, and William Mullen met with the Board to discuss a proposed environmental resource position. Ms. Scopaz presented information relative to Senior Environmental Planner, Environmental Planner, Senior Environmental Analyst, and Principal Environmental Analyst. Ms. Scopaz has been devoting a considerable amount of time to the Local Waterfront Revitalization Program and less time to the Planning Board and Planner Melissa Spiro is in need of assistance to process applications. The Town Board placed resolutions no. 38 and 39 on the agenda to create the positions of Planning Aide and Planning Trainee and call for Civil Service Lists for those positions. 10:25 A.M. - The Board discussed their feelings concerning the enactment of proposed Local Law No. I - 1989, the enactment of the zoning amendments with respect to the Master Plan Update. Supervisor Murphy: Prepared to vote in favor. Councilwoman 12arsen: The Board needs to agree on the areas that need to be amended before voting. Councilwoman Cochran: Vote in favor, but send the law to a law firm to clean up concerns and loopholes. Councilman Penny: Vote in favor. Stressed that if any changes are made the Board would have to go back through the entire envi~onmenta~ process again. Councilwoman Oliva: Cannot vote in favor. Has great problems witi' the map. I-t is the same as the one we have right now. Justice Edwards: The Fishers Island Civic Association is concerned with certain business zones on the Island, but was assured the zones would be worked on soon after the enactment. After discussion with the FICA Justice Edwards agreed to vt~te in favor. Councilman Penny emphasized that he wished the site plan review to be amended and enacted as soon after adoption as possible. 10:45 A.M. - Insurance Consultant William F. Mullen, Jr. met with the Board and introduced benefit plan administrators who made presentations to the Town Board: Anthony Paresi of Rosenberg & Sanders, Robert Sherlock of The W. J. Jones Companies, Richard Napolitano of Craig, Lindsay Associates, lnc., and Alan D. Kaplan of G.C.G. Ri~Management, Inc. 12:20 P.M. - Robert Harrington, representing the North Fork Animal Welfare League, with several League members also present,'~equested consideration of the Board for the placement of a temporary office trailer at the Dog Pound, and requesting the Town Board to pay the rental for same until a permanent administration building can be constructed. The Town Board agreed to pay the rental on a temporary office trailer, and Councilman Penny will met with Mr. Harrington and League members to review previous plans prepared by Architect Garrett Strang. 12:40 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened and the Board met with Stephen Mudd who presented an application for a house trailer permit to house vineyard workers at the David Mudd property, south side County Route 48 and Ackerly Pond Lane, Southold. The Board did not like the location of the proposed trailer--it being visible to the public, and asked Mr. Mudd to reconsider the location and perhaps find one in a remote area of the vineyard. Mr. Mudd agreed to reconsider and return to the Board at their January 23rd meeting. 2:10 P.M. - Board audited outstanding vouchers. 2:30 P.M. - For Discussion Items: (1) Fifth Arc, ual Conference on Solid Waste Manage- ment and Materials Policy, January 25 to 27, 1989., New York City. That is the time four Board members will be in Europe. (2) Letter from H. B. Sherman, Assistant Superintendent of Public' Utilities, Village of Greenport, regardin~ the extension of JANUARY 10, 1989 6 1 th~ water franchise to the Pebble Beach sub-division, This question was referred to the Town Attorney to research. (3) Enactment of proposed Local Law i~lo. I - 1989-- discussed at ,10:25 A.M. (~e resolution no.' 28)~ (4) Request for authorization of a 1988; Budget modification to the General Fund - Whole Town in the amount of $10,000 for the C.A.S.T. Drug/Alcohol Program (see resolution no. 33). (5) Request for authorization for Superintendent of Highways to place additional lighting in the Town parking field, Sound Avenue, west of Love Lane, Mattituck (see resolution no. 34). (6) Sale of two Town parcels--Board is not ready to discuss this proposal which was brought to their attention to Community Development Administrator McMahon. (7) Applic- ation of Stephen Mudd for a house trailer--was discussed at 2:00 P.M. with Mr. Mudd. (8) Rescind Resolution No. 24, adopted on December 27, 1988, authorizing all Town Board members and evaluation team to travel to Europe and authorize only ~ertain people to go. This will not be necessary as it covers those persons will ~ be going. (9) Request from Steve Latson, Chairman of the Waterfront Revitalization Committee Advisory Committee for a professional secretary to attend their meetings~ Supe~isor will ask various employees in Town Hall if they are ~nterest. (10) Letter f~ Custer ~nS~J~ute, ~nc. ~equesting a fJnancJa~ commitment fro~ the Town Board f~:~ ~h~ co~ structi.on of a handicap ramp a~ ~he ~,~ain entrance. Town Board wo~id ~ke ~ dJsc~ss this with Custer representatives- (~J~) Letter from Long Island GasoJine ~e¢~[ers Association, In~. concerning ~he disposal of used tires ~ha~: ~re left at ~heJr gas stations.--Referred to Superintendent of Highways Jacobs~ (12) Letter fr~ C.A~S~T. ~tating they are reorganizing their Substance Abuse Advisory Committee, ~J~d asking for a designated representative to serve on the C.~.S.T. Substance Abuse Advisory Committee. Supervisor will respond that Councilwoman Cochran has been th~ ~o~zr~s representative and will continue. (13) Letter from Suffolk County Dr. Martin Luther King, Jr. Holiday Commission asking the Town Board to purchase a table, ,a,t a cost of $250.00, for their First Annual Martin Luther King, Jr. Suffolk County Luncheon to be held at 12 Noon on Friday, January 13, 1989 at the Sheraton Smi~hto~. Super- visor will respond that the it is illegal for the Town to expend funds for such a function. (14) Letter from Laura Carlisle, who works through the Recreation Department providinf~ adult and youth programs, advising Che Board that her stereo cassett tape player', which was stored in a locked storage closet at the Recreation Center, was vandalized and totally destroyed When she went to use it on November 14, 1988'. The pJayer is used for her programs, and she was required to replace it at a cost of $99.00, and requests the Town to reimburse her.--Town Board agreed to reimburse Ms. Carlisle. (15) Proposed new storage building for Police Headquarters.--Plans have been received from Fairweather-Brown, Architects and Designers.--Councilman Penny will review the plan. (1'6) Energy audit and alterations to'Police Headquarters.--Garrett Strang, Architect, will conduct this 'audit (see resolution no. 35). (17) Report form Larry Penny on the Breakers Development. 'Further discussion will be held between the Planning Board, Town Attorney, Building Department, and representatives of the Breakers. (18) Proposed establishment of an Ambulaoce District in the areas covered by the Cutchogue and Southold Fire Districts. Will be researched further and put back on the January 23rd agenda for discussion. 3:25 P.M. - Town Board members Murphy, Cochran, Edwards and Penny agreed to return the Cardinale parcel on the' north-we$~ corner of CoX Neck Lane, Mattituck,-to Light Business District on the proposed Zoning Map. 3:30 P.M. - Board reviewed regular meeting resolutions. 4:10 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, January 10, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Murphy opened the meeting at 7:30 P.M., with the Pledge of Allegiance of the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV . Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen-(7:35 p.m.) Town Attorney James A. Schondebare Assistant Town Attorney Robert H. Berntsson Town Clerk Judith ~I'. Terry SUPERVISOR MURPHY: The first order of business is a resolution to approve the audit of the bills of January 10, 1989. JANUARY 10, 1989 Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the followin~l audited bills be and hereby ordered paid; 1989 bills; General Fund Whole Town bills in the amount of $12,665.38; General Fund, Part Town bills in the amount of $14,582.39; Fishers Island Ferry District bills in the amount of $261.11; Nutrition Fund bills in the amount of $734.33; SNAP Program bills in the amount of $200.02; West Greenport Water District bills in the amount of $3402.50. 1988 bills; General Fund,Whole Town bills in the amount of $30,613.14; General Fund, General Fund, Part Town bills in the amount of $12,331.19; Highway Department, Whole Town bills in the amount of $14,192.90; Highway Department, Part Town bills in the amount of $2,902.78; Highway, CHIPS bills in the amount of $37,521.93; Fishers Island Ferry District bills in the amount of $14,173.60; Fishers Island Ferry District Agency & Trust bills in the amount of $192.24; Nutrition Fund bills in the amount of $1,922.93; Home Aide Program bills in the amount of $226.00; SNAP Program bills in the amount of'$50.01; E1SEP Program bills in the amount of $85.60; Community Development Fund bills in the amount of $33,262000. Vo~e of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:Next is a resolution approving the minutes of the To~vn Board meeting of December 27, 1988. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes of the December 27, 1988, Southold Town Board meeting be hereby appro~e-d. -- Vote of the Town Board-:'-~-~s: Councilwoman Oliva, Councifman Penny~ C;ouncilwoman Cochran, Justice Edwards, Supervisor M~rphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for Monday, January 23, 1989, 3:00 P.M., Southold Town Hall. I'd like to call every- one's attention This is a change. Probably the first time we ever had a meeting on a Monday except, maybe, the organizational one. This is because several members of the Town Board will be leaving for Europe the next day. I offer that resolution. Moved by Supervisor Murphy, seconded by Councilwoman Cocharan, it was RESOLVED that the next regular meeting of the Southold Town Board will be held 'at 3:00 P. M., on Monday, January 23, 1989, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: The first item on your agenda are reports. I'd like to remind everybody these are on file in the Town Clerk's office for anyone to read. 1. Dimension Cable Services report for the month of October, 1988. 2. Building Department yearly and mo~.thly report for December, 1988. 3. Recreation Department monthy report for December, 1988. 4. Town Trustees monthy report for December, 1988. 5. Town Justice'monthy report for December, 1988. 6. Scavenger Waste Treatment Facility monthly report for December, 1988 7. (a) Town Clerk's monthly report for December, 1988 (b) Town Clerk's Annual Report for 1988. 8. State Board of Equalization and Assessment, Final State Equalization Rate for Southold for 1988. 9. Fishers Island Ferry District Traffic and Car Reconciliation accounts for December, 1988. 10. Catholic Charities Quaterly Report,. August 1 through October 31, 1988. 11. Town Justice Price monthy report for December, 1988. 12. Town Justice Tedeschi monthy report for December, 1988. 13. Councilmen's Reports. At this time I'd like to ask the Councilman if they have anything special to report, starting on my left with Justice Edwards. JUSTICE EDWARDS: Thank you, Frances. Nothing, except-we did spend a bit of time at the work session today going over the Master Plan, and other sundry things. Tomorrow, the firm that was hired by the Fishers Island Conservancy to look into the cost to the taxpayers of Fishers Island, how much it's going to cost them for the Southold composter that's supposedly going in at the Landfill, and I hope to sit in at that meeting. Tomorrow afternoon is it, Frank? " SUPERVISOR MURPHY: Right. JUSTICE EDWARDS: So that I can give the people on Fishers Island facts and figures on what it's going to cost them taxwise, their portion for the composting at the Cutchogue Landfill, and that's it. SUPERVISOR MURPHY: Thank you, Raymond. Jean? COUNCILWOMAN COCHRAN: Over the past two weeks it's been reasonably busy. We had our organizational meetincj, and then on Thursday, the 4th or the 3rd, joint meeting with the officials from Greenport, the County Health. Department, and Town officials, and under discussion was Greenport's request for an extension of their water franchise. As Chairman of Buildinq and Grounds, on Friday, January 6th, I met with Chief Winters in relation to the repairs that were needed at Police headquarters. As some of you may be aware, it's a cinder block building and there are spots that you could see daylight through, so we feel that it's time that this building should be maintained and insulated. On Monday, January 9th, at 10:00 A.M., I met with Charlie Graves are C.S.E.A. negotiator. We have not finalized the contract with the Union as yet, but hopefully it will be in the near future. On the 9th, in the afternoon, I had a Housing Committee meeting and we reviewed the status of the fourteen building lots that were used in the housing lottery. We'll be meeting again very soon~ because we're going to develop a plan that perhapse will provide more affordable housing in the Town of Southold. Tomorrow at 4:I5, the Highway Committee will be meeting with the Planning Board. ©ur topic Of discussion will be in relation to road dedication procedure. I would like to take a moment to thank the North Fork Ladies Bowling League. When we had our program by our Christmas tree during the Christmas holidays, the collection of toys for CAST, they were kind enough in supplying forty, well, close to fifty new toys for children within the community. Also, a very nice way to start the New Year, i had communi- cation from a gentleman. We chatted quite extensively about the Village Green down there on the corner in Southold. I shared with him some of the needs that we still have, as far as planting along by the liquor store. We just recently last in the fall, put the sod between the sidewalk and~'the property itself, and a sprinkler system, wooden receptacles are needed rather than great big ugly garbage cans. So there are still things that have to be done there, and this gentleman is very interested in the beautification of Southold, and he said that he would send a donation through, and I was pleasantly pleased when I went to the post office and opened the envelope and it was a check for $5,000.00. So this has been sent to the Peconic Land Trust to aid us in completing the project that we started down there. So it was a nice way to start the New Year. Thank you, Frank. SUPERVISOR MURPHY: Do you get mail like that every day? COUNCILWOMAN COCHRAN: Oh boy, I'd love to. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: On the 3rd, I also attended the or~lanizational meetinq were we set our salaries, and appointments fdr the 1989 year. On Tuesday, the 3rd, I attended the Local Waterfront Revitalization Committeee meeting. There's a citizen advisory group who is fighting our local waterfront revitalization plan. We had a very interesting ~peaker, a man by the name of Steve Ressler, who is any environmental analyist from New York Stat~~ Department of State. That's a small state organization that's located in Albany, that reviews applications for waterfront develol~ment based on a plan that the town will eventually be able to adopt and manage its own waterfront revitalization, its own waterfront program on-a local ........ level, rather that have it done on a State level. So the purpose of this whole committee is to implement a local policy to manage our waterfront, rather than have it done through the State. This speaker spoke about harbor management planning. Basically, he said they're looking at a three dimensional plain for the plan, which will take in shoreline development, offshore planning, meaning docks, and water columm planing, the effect on the water columm. This will become a major element of the local waterfront revitalization program. He passed on some interesting informa- tion, that the bay constables in our Towns have the same authority as a peace officer does in the State of New York, meaning he could enforce any law in relation to the County, State, and local levels in regard to pollution. You don't necessarily have to call a conservation officer from DEC. The bay constable have the ability to enforce these laws. New York conservation, laws allow them to do this under Article 71, and the Criminal Procedure La~ in the State of New York, also, points this out. He, also, pointed out that it was not to our benefit to limit the powers of our bay constable. Although bay constables have primarily dealt with fish and wildlife issues, and that the~ are not totally comfortable with enforcing state and federal pollution laws, there are educational advancement programs available to instruct our current bay constables on the correct proced~rre to enforce these. We, also, talked about the right of the ownership of bottomland. As you know, in the Town of $outhold the Trustees control the bottomland. That's public property. That belongs to all of us. Many people claim that they own the land in private ownership. According to Mr. Wessler, he said the transfer of the thatch rights, which guaranteed the colonist the right to harvest the marsh grass, and allow them' to do this, often lead to claims of underwater'lands, that weren't included in the original thatch transfer rights. However, because this is so complicated it has never been fully researched. The titles have never been fully researched by the State, but it is the State's position that bottomlands, underwater lands within the State of New York should remain available to the public. He, also discussed Code Law, JANUARY 10, 1989 which says we can regulate anchor, moorings and the speed of operation of all vessels within our boundaries. It was always questionable whether the Trustees had jurisdiction beyond 1500 foot boundary line, but according to Supreme Court interpretation the Co~qty of Suffolk and Nassau. Let me rephrase that. The Attorney General and the Comptroller have always said, you can't charge a feet but areas of Long Island, Nassau and Suffolk own their underwater land, so that we can charge. In case law, does not apply on Long Island. New York State Navigation Law does not apply in Nassau and Suffolk Counties, therefor the Trustees can regulate structures within municipal limits.- The municipal limits within the Town of Southold, go almost to the middle of the Peconic Bay. We, also, discussed the regional approach that Towns can use for overlapping jurisdictional laws for the management of the Peconic. We briefly discussed repatita_n rights, which were intended to quarantee assess for navigation only, and also, intended to give people the right to get to fresh water, and once again, he said that the State of New York does not want to see the lose of public accesst and the ownership is to remain in the State. So ali and all~ state and local governments, all and all it was a very interesting meeting. On the 18th, I attended a Housincj Committee meeting~ where we specifically discussed th~ affordable housing lots that were drawn in the ~Iottery. We held the lottery-just about a year~ ago, and we are now finalizing, hopefully, site plan approval, so construction on these lots can begin in the spring. The people who drew these lots. We're sorry that the lottery was held in such haste, before all legal and paper work requirements were worked out, but before we go any further, I would like to say that I will personally, and the members of the Housing Committe~ did discuss that these homes will be built. I atteoded a Code Committee meeting, where we~discussed site plan, which Councilwoman Oliva will report on. Hopefully that will be enforced within the next one or two months, ~vhich is needed. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ellen. George? COUNCILMAN PENNY: On the 4th, I also, attended the Code Committee meeting where we are finalizing the site plan review, which has been in the works for about a year and a half, and we're almost done. On the 5th, I attended a meeting of the Village of Greenportr the Suffolk County D~epartment of Health Services, and Town Board members regarding the Angel Shores and The Cove subdivision wells. We finally got the inside track as to what is going on down there, and why it happened, and this way now, we'll be able to respond to the numerous complaints we've had here at the Town Hall about why wells were allowed to be put into that sensitive area, and this is now a good night for discussion on that topic, but I'm sure there will be quite a bit of follow-up on that, because it does involve the Town policy. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: Thank you, Frank. On January 3rd, !, also, attend~d~.' the organizational meeting, and that evening, I attended the Waterfront Revitaliza- 'tion meeting, which Ellen has quite completely reported on. On January 4tl~, we had a Code Committee meeting, and as George has said, we are just finalizing the site plan, and I think we have really moved along very well in the past three meetings, and we're ready to have it typed up and set for a review, again, by the Code Committee. On January Sth, I also attended the meeting with the Village of Greenport, and the Board of Health as to Angel Shores, and to any extension that Greenport would want with their franchise, is something the Board has to discuss. I think that's it on that. Also, I attended the Housing Committee meeting on January 9th, which Jean has reported ~)-n. Thank you, Frank. Il. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to item two on your agenda, public notices. These are on file in the Town Clerk's Bulletin Board for anyone to read. 1.~ N.Y. State Department of Environmental Conservation, Notice of Complete Application of James Manes to replace a stairway leading to an existing dock and a deck attached to a single family dwelling at 2147 Lake Drive, $outhoId, New York. Comments to George W. Hammarthr Bldg. 40, SUNY, Stony Brook, N. Y. 11794, by January 13, 1989. 2. N.Y. State Department of Environmental Conservation, Notice of Complete Application of Wilhelm Franken to dredge existing boat basin and truck spoil to disposal site. Project located at Gull Pond, Osprey Nest Road, Greenport, New York. Comments to Susan Ackerman, Bldg. 40, SUNY, Stony Brook, N. Y. 11794, by January 27, 1989. III. COMMUNICATIONS. SUPERVISOR MURPHY: There is one commu~ation, and I would just like to make a note of it. We put it on. I think it is very important. It's an open JANUARY 10, 1989 house from the New York Chiropractic, C~llege and. it's on the topic of reading diSab~ti~s and it's going tO held On S~tu~:;:lay, February 4th, 1989 at 10:00 A.M. If*anyone is interested in the Town, or in hearing about this from TV or the newspapers reporting, please contact us. If anyone is interested in this, it's, I think, certainly worthwhile. 1. Sher¥1 T. Frank, Reading Clinic Director, New York Chiropractic College, in regard to an open house on t'he topic of reading disabilities on Saturday, February 4, 1989. IV. PUBLIC HEARINGS. 8:00 P.M. to consider the petition for street improve- ments from the residents of West Creek Estates. V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to resolutions. I would like to just read at this time the policy of the Town Board, that would effect resolutions~ Resolved that the Town Board of the Town of Southold hereby establishes the policy that at scheduled Town Board meetings, the public attending shall be allowed five minutes each ,to address the Town Board in relation to agenda resolutions prior to their enactment, and the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any other given topic. It's a policy that was set in June of '86, so at this time, what this means, if you would Hke to address th~ Town Board on any items, on any proposed resolutions that are on your agenda, and I would like to make note that there is one, and I believe it's resolution number 28, which is on a local law to amend our zoninq code and zoning map incorporated therein, Local Law #I, which is, quote, the famous Master Plan. So at this time, if anyone would like to address the Town Board on any of these proposed resoltuions, you may do so now. Starting on the left. Ronnie? RONNIE WACKER: My name is Ronnie Wacker, and I'm President of the North Fork Environmental Council. I want to address myself to the Zoning Ordinance and Zoning Map. Before I say anything about that, I want to say that I understand and appreciate the hard work and time that all of you people on the Board have put into the zoning ordinances and the map. I think that in our feeling that it is not quite what the Master Plan intention was. We have an honest difference of opinion. Everybody on the Board has said at one time or another that the zoning ordinance and map are flawed. Well, our feeling is that if its flawed, then why pass it. If it's passed why you're going to have a lot of, you're going to open yourself to law suits, because I believe that the Courts are not going to take very seriously a Town that in one week passes amendments, and then in the next week passes amendments to the amendments. I mean this is weird to me. I don't believe that they would take it very seriously, so you would have trouble with it. You've mentioned-this~morni'n~;:that you would be bringing in, if the ordinance was passed, you would be bringing in zoning lawyers, which I think is an excellent idea, but I don't know why you don't bring in the zoning lawyers now, before it is enacted. Bring the lawyers in, and have the thing done properly. I believe it would not take as long as you think it would. You say that it would take a very long time, because you'd have to go through the public hearings. You have to have environmental impact statements, again. That would be true, but then I don't believe you would have as much trouble with the environmental impact statement because it would have been done by qualified people and there would not be the objections, certainly on our part. I hope that you will take that to heart. We have a few apecific concerns. We wanted to be careful to keep it limited. One of them is marine zoning. That is the thing that we're most concerned about. We feel that the M2 zone should be eliminated. The non-conforming marina in the creeks should keep their status quo, and Mattituck, the hamlet density.., on the Norris property, this is far too great. It was originally by two acre zoning on the zoning map, and then was quickly changed, but for the health and safety of the people in the area, I believe it should be returned to two acre zoning. We're concerned, too, about the increase up in Greenport, the light industrial, the light industrial offices, Greenport has enough industrial things, or enough industrial density already. Then down in Mattituck, on the North l~oad, where the two lanes, where the four lanes meet the two lanes, you've got business and light industry. Now this is the approach to the Town, and it is not going to be a very fav. orable one. I, also, think it's going to create tremendous traffic problems. All and all, I guess what I'm saying is that the zoning ordinance have not carried out the intention of the Master Plan, which was to retain the rural maritime character of the area. We hope that you will consider redoing it. We would like to be able to sit down with you to talk it over at anytime. We hope that you will not permit this to ., be passed, because to us it looks like a devel, gpers dream, not zoning ordinances for the Town's Master Plan. SUPERVISOR MURPHY: Thank you, Ronnie. Anyone else on the left, who would like to address the Town Board? Frank? 65 JANUARY 10, 1989 FRANK BEAR:l'd'like~to-wait.Alice Hussey and Jeanne Marriner, here have the opportunities to see... SUPERVISOR MURPHY: Fine. Anyone else on the left? Anyone in the middle? Yes? EDNA TERRY HARNAN: I'm Edna Terry Harnan, and I've lived here in Southold since 1949. I would object. There seems to be too many MI's and M2's given the marina sites the right to expand .... This worries me. It suggests there's a strong possibility that they could increase pollution in local waters. Brown tide problem has not been solved. Will we try to turn it black before we do something. I'd, also, like to ask whether any of you ladies and gentlemen have seen the recent issue of Time magazine, January 2, 1989, which is dedicated to the Planet Earth. The endangered Earth. It makes suggestions about what to do about many pollution problems. Very practical suggestions, which also consider the right of business to make a profit. With my conpliments, I'd like to see that each member of the Town Board get a copy. l'll see that you doo Thank you. SUPERVISOR'MURPHY.' in the middle? Yes? I've read Et, already. Anyone else on the left? Anyone VIRGINIA MOORE: I'm Virginia Moore, Southold. I usedthe microphone before. I have two hearing aids, and I seldom understand what's going on at most of these things. I think that it's probably premature for you fellows, and ladies to be thinking about passing this zoning code now. I know that it's been under discussion all this time, but there doesn't seem to be anybody who really likes it, and I've joined wholeheartedly with organizations that are opposed to a premature locking in to position the things that Southold really has so many questions about. I saw my old friend, George Penny, I think counting the number of faces in the audience awhile ago. There aren't too many here, I don't think, and I think the reason for that is that nobody knew this was coming up tonight. Did they? SUPERVISOR MURPHY: I believe so. Anyone else in the middle? In the back? Joe? JOSEPH LIZEWSKI: My name is Joe Lizewski. I represent the Southold Citizens for Fair Government, and I've spoken here many times. I've been at these meetings -many times. I just hope that you all have taken into consideration the feelings of the many people who haYe spoken here, and the many people who have been represented here by many organizations, and O~nce again, I have very seldom heard more than two or three people speak for this Master Plan, and I still find it very hard to believe that this thing will probably be pas~ed, specially since tl~ere are so many people concerned witl~ the many ratitications that thi~ will bring about, and it doesn't just effect the environmental people and the conservationists in this 'town. It effects the business people, and we have so much selective enforcing of laws now. This will only enhance it, and we feel as a businessman's group, that there are many things that are left unanswered for the small businessman in this town, and this is not going to solved by this Master Plan. To us, this Master Plan is something that maybe needed in this town at this time, except that we feel, that maybe, this town hall is not being run the way that some people would like it to be run, and they're looking for some answers, too. You have something printed in stone, that they can fall back on. We have a Zoning Board of Appeals. We have a Planning Board. We have a Building Department, and there are many towns that have a Master Plan that they have not passed, but they do follow it, and with all the problems that this Master Plan has in, it may not be a bad idea that this Master Plan be followed but not adopted in stone. Thank you. SUPERVISOR MURPHY: Thank you, Joe. Anyone else in the middle, who would like to address the Town Board? Sir? WESLEY DICKINSON: I'm Wesley Dickinson from Southold, and I would like to go on record as agreeing with the stand that Ronnie Wacker expressed from the North Fork Environmental Council. SUPERVISOR MURPHY: Anyone else in the middle? Sir? TOM LOWRY: My name is Tom Lowry. I represent the agg~ie~,ed New Suffolk Civic Association. I've been representing them now, I guess, cff~ and on now for five years, and we are still aggrieved. We're aggrieved because of what people have been saying. That the Master Plan is a document which nobody seems to be for. Which everybody seems to have reservations towards. But while the Master Plan is held, the Town is bei~ treated roughly by people who insist on their rights as property owners. And, by George, there's some of us who've lived here for. twenty or thirty or more years, who were born here, JANUARY 10, 1989 who feel that we small guys have rig.hts~ too. I ~'ould like to raise, again, the possibility or at least; the'~leSira~iiity;':alth0ugh it seems highly unlikely, of redoing the Master Plan, and while that is being done slapping a moratorium of six months or a year on development, so that things don't continue out of control, because while New Suffolk hums i~ I~ttle;w~y~ngry and frustrated, things are going on and we have the feeling that nobody is in control, and we really would like to have the feeling that somebody is doing something about it, who really cares. As of now it seems to be in general a kind of, gee, this has been going on for a long time, let's not act too perceptable. I think perception is a pretty good thing sometimes. Thank you. 67 SUPERVISOR MURPHY: Thank you, Tom. Anyone else in the middle,who would like to address the Town Board on the proposed resolution tonight? Anyone on the right? Yes? MARY JONES: Mary Jones, another citizen of Southold. I'd like to reserve my five minutes until more people have spoken. I wasn't aware this meeting was being held'tonight, and I still need a little time to think. SUPERVISOR MURPHY: Anyone else in the__ middle? Anyone on the right? Alice? ALICE HUSSEY: Alice Husse¥, League of Woman Voters, Riverhead/Southold. After monitoring this morning's Town Board work session, and hearing that a vote would be taken this evening on the zoning amendments, I rushed to the phone, to get the League reaction. And I'm here to tell you, that we're horrified at the blatant disregard of citizen input that the Board is exercising. You're heard many times in the last two years, that civic groups and individual citizens do not like the zoning amendments proposed, yet almost no,thing has been altered. Now it appears that without alerting the public you're planning to bring the law to a vote and some of you are auxious that that vote be yes. The hint, and it isn't even a promise, just a hint, that changes might be made after the law is enacted is a joke. A cruel comedy. You've not demostrated any willingness to change the amendments in the months and months of public hearing. We don't believe that you'll be more willing to change once the law in effect. In fact, it will be political and economic suicide to give rights to property owners and then try and take them away. The irony of it is that the Town's legal defense bill will be borne by the people who have been opposing the law, adding insult to injury. We're specially opposed to the creatation of the marine 2 zones. There are 13 of them from Orient to the Inlet. In fact, between the marine 1 and the marine 2 zones, two hundred and twenty-one acres of fragile waterfront are affected. The latitude of the codes marin~-'-~2 zone, for commercialization of these parcels is too great. Just picture the land traffic, and the water pollu- tion, and the congestion that would be generated by a motel, and a charter boat service at Town Creek near Founders Landing, for example. Which would be possi hie under the M2 zone. Right now, there are three marinas existing in residential areas by special exception. Your scheme to turn these into marina '1 zones will allow them to expand from simple docking facilities, that they are now, to include the display, selling and servicing of boats, the rental of fishing and diving equipment, among other items. We're still searching for the rational that proposes a residential office zone on both sides of the Main Road in Southold between the American Legion building and Ackerly Pond Road. If the idea to join two existing business zones for continuity sake, why wasn't that zoning employed in Cutchogue, west of the hamlet center, to the North Fork Country Club? You have not been consistent. I can't stand here and recite all the mistakes,inadequadesthat we see and there ~i-e many, many more, but be assured that we will not be ignored, not will we be run over roughshod, as you're trying to do. Thank you. SUPERVISOR MURPHY: Anyone else on the right? Yes? SYLVIA PATHENIK: I'm Sylvia Pathenik. I would just like to endorse the feelings of the North Fork Environmental Council, and the League of Woman Voters. SUPERVISOR MURPHY: Anyone else on the right? ROBERT THOMPSON: My name is Robert Thompson of Southold. I would, also, like to endorse the feelings of the North Fork Environmental Council. Thank you. SUPERVISOR MURPHY: Anyone else on the right? JEAN THOMPSON: My name is Jean Thompson. I am a native, and I am just sick, when I see all of the development and the things that are going on in this Town. We were very .involved with the Cove, the petitions, the letters, and we just pleaded with you people, and we jr~st felt that it's just like talking to a stone wall. The developer comes in and he seems the one that has the say. It's fine for people in business, and I can appri~i¢iate it, but the new people that come with their business, and they have a right, too, but you can 8 JANUARY 10, 1989 not cross the road in the summertime. It takes sometimes ten minutes to cross the street. You go down Bayview. You see the traffic that was a nice quiet country place to live, and now it's become citified with more developments planned. I just think you people have a great responsibility, and I really think you should go over this. The plan you have, I'm very opposed to it, and I fully support what Ronnie Wacker said tonight, and the other people who are opposed to it. Thank you. SUPERVISOR MURPHY: Anyone else on the right? Ed? ED SIEGMANN: After almost three years of talking on the Norris property, I begin to wonder whether I'm more tired of it, or you're more tired of listening to me. Be that as it may, I'm going to repeat myself one more time. We feel that before the Master Plan is passed, that there should be some resolve to the problem on the Norris property. Everybody knows and has been saying for two and a half to three years, that that's not the place to build 95 condo- miniums, but everytime something comes up to resolve the problem, nothing happens. We get told that it's going to happen and we don't see anything taking place. Since the meeting I attended last night of the Planning Boardr it convinces me even more that there should be a resolve to this problem before the Master Plan is passed, because I'm sure you're well aware of what the resolution was last night at the Planning Board, who said, resolved that the Southold Town Planning Board recommends to the Town Board that the change of zone to be denied. The change of zone is not in keeping with the proposed Master Plan that the Planning Board adopted with regard to the density in the Bergen Avenue property. Now, if this is an example of them using the Master Plan as an alibi, why not to resolve a problem? I become more concerned that ~'e'll get the same alibi after the Master Plan is passed. Thank you. SUPERVISOR MURPHY: Anyone else on the right? Anyone in the middle who would like to speak at this time? Over on the left? Sir? ROBERT LONG: My name is Robert Long. I live in the village of Cutchogue. I just want to lend my suPport to the positions of the North Fork Environmental' Council, the League of Woman Votersr and other speakers. I don't think I've heard anything more reasonable than what they're asking. Thank you. SUPERVISOR MURPHY: Anyone else in the middle? Anyone on my left? Jean? JEANNE MARRINER: I'm Jeanne Marriner, and~l'm speaking for Southold 2000. I think we're all aware that much of the Town has already been approved for development, and passing what you the membe_rs of the Town Board call the Master Plan, that is the zoninq amendments and map, will not chanqe what has already happened. Nor will it make better. In tact, passage of the Master Plan zoning amendments, will hasten the degradation of the Town's character and quality of life. However, there is still a chance for this Town Board to meet, at least two of the goals of the real Master Plan. That is the document, which in 1985, established goals for the Town and the direction we're supposed to go in. If you take a few more weeks, and use your time wisely, before enacting the zoning amendments, you can advance two goals. One by reworking the marine zoning, so it addresses the current trends in marine business, not 1950 trends, .you can protect the coastal waters. And, too, if you at least d~signate intent to protect major aquifer on the zoning map, you will have legal defense for a groundwater protection plan. If you at this time, bring in zoning experts that at today's work session, you claimed you where going to do, after the fact, you can save the Town's residents from expensive law suits against the Town. And you will have the honor of being the Town Board that did conserve and protect the coastal waters, and the groundwater supply, both of which are extremely important to the Town's economy and vitality. However, if you proceed in an arbitrary and capricious manner tonight and pass the current imperfect Master Plan zoning amendments, you will be assured of legal action r and further- more you will place our groundwater supply and coastal waters in severe jeopardy. The choice is yours. Southold 2000 members stand ready to help you bring this issue to a happy conclusion. Thank you. SUPERVISOR MURPHY: Thank you. Anyone else on the left? Frank? FRANK BEAR: Frank Bear. I have been working with sor~e of the speakers here, that have spoken here tonight. Alice Hussey. Jeanne Marriner. Ronnie Wacker. They have spent many, many hours, days, maybe I should say even weeks, working to get together some proposals for specific changes in the zoning code, as it is proposed. Both Jeanne Marriner and Alice Hussie have a great deal of knowledge and understanding, as well as Ronnie Wacker, who as President of the North Fork Environmental Council, hav~ been working on this problem for I don't know 'how long. I've been concerned about it myself, as you know. The thing that concerns all of us, is that we are going to get enacted something which may take a long, long time to bring back to where it should have been in the first place. We need to have the kind of understanding that does not JANUARY 10, 1989 exist now, a'bout what the problems ar~, and what we can do to work with the Town Board, and kind of resolve s~'these problems. I came to the Town Board work session this morning,hoping it would be (tape change) very anxious to have an opportunity to sit down with the Town Board as quickly as possible, as soon as possible, and learn from the Town Board, what their differant positions are and their reasons for it, and to give us an opportunity to ask questions and express our opinions. We feel that it is important, absolutely neccessary for us to try to work together in finding a resolution to the problems which we are facing. We can not work together unless we can understand each other, unless we have an opportunity to discuss these problems, and unless we can put off the vote on this proposal to adopt the zoning code at the present time tonight. We will not have an opportunity to discuss some of these things with you before, and not after the fact. We do apprieciate the opportunity to speak here tonight, but we want an opportunity to learn and to pass on to you people our concerns, our desires, and to be able to work with you as much as its possible to do so. Thank you. SUPERVISOR MURPHY: Thank you, Frank~.~ Is there anyone else who wants to address the Town Board on any resolutions? Warren? WARREN BRADY: My name is Warren Brady, and I live in Mattituck for the past 24 years, and started traveling out here in my business around 1938, so I've watched the changes in Southold Town, as well as the rest of Suffolk County. I've watched the degradation of the west, and I'm hoping it doesn't happen out here, and I highly endorse the statement of the North Fork Environmental Council. Thank you. SUPERVISOR MURPHY: Anyone else who would like to address the Town Board on any of the resolutions? (No response.) If not,' it's after eight o'clock, we will have a Fe~olution' to reces~ to hold a public hearing. I offer that resoluton. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that a recess be called at this time, 8:15 P.M., for the purpose of holding a public hearing to consider the petition for street improvements from the residents of West Creek Estates. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. M_.e_~et~i~g._~'_e~0pve_ned at 8:35 P.M. V. RESOLUTIONS. SUPERVISOR MURPHY: We're going to move on to resolutions. Resolution number 1 , which is a trailer renewal. 1.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the application of John C. Tuthill for renewal of his sinc~le family house trailer permit, for trailer located on the east side of Elijah's Lane, Mattituck, New York, which permit expires on January 19, 1989, be and hereby ~ranted for a six (8) month period. 1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:Number ~2is to authorize the Town Clerk to go to bid. I offer that resolution. 2.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of one (1) Sand Spreader for the Superintendent of Highways. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Numl~er 3 is to encumber funds. 3.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of $outhold hereby encumbers $2,000.00 with the General Fund Whole Town A7520.4, Historical Property, for payment of the Landmark Preservation Commission's book, "How Old Is Your House", due from the printer in early 1989. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, JuStice Edwards, Supervisor~ Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to submit a proposal. 69 0 JANUARY 10, 1989 4.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- visor Francis J. Murphy to submit a proposal for fundin9 to the Near Coastal ~aters Program of the Environmental Protection Agency in the amount of $200,000. for a demo~tration and evaluation of artificial wetland construction for stormwater runoff treatment; said proposal to be submitted by Cornell University Cooperative Extension of Suffolk County, Cornell University Center for Environmental Research and the Town of Southold. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is allocate special revenue sharing funds. 5.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby allocates 1988 Special State Revenue Sharing Funds as follows: General Fund - Whole -~own $9,835.91 General Fund - Part Town $4,131.09 $.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to authorize a refund. 6.-Moved by Justice Edwards, seconded by Councilwoman Cochran, i't was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Thomas Citrangola in the amount of $122.49, which amount represents an overpayment of a buildincj permit fee. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to grant permission to Rec Director Ken Reeves to attend a rec conference and park society conference. I offer that resolution. 7.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Director Kenneth Reeves to attend the New York State Recreation & Park Society Conference to be held on March 19, 20, 21, 22, 1989 at Kiamesha Lake, New York, and the actual expenses for meals, lodging, registration and transportation shall be a legal charge to A7020.4, Recreation Administration, Contractual Expenses; and be it further RESOLVED that the Town Board hereby authorizes an advanced fee payment in the amount of $279.00 for hotel accommodations for the aforesaid conference (check made payable to Concord Resort Hotel), and an advanced fee payment in the amount of $83.00 for registration fees for the aforesaid conterence (check made payable to New York State Recreation & Park Society), both charges to be made to A7020.4, Recreation Administration, Contractual Expenses. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to reaffirm a policy decision. 8.-Moved by Councilwoman Cochran, seconed by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms their policy decision of September 1, 1987, with respect to Salary Guidelines for part- time employees: A year-round part-time employee shall be hired at the following rates: Clerk $6.00 per hour Clerk-Typist Stenographer Justice Court Clerk Account Clerk $6.50 per hour $7.25 per hour $7.25 per hour $8.00 per hour Custodial Worker $6.25 per hour · After twelve (12) months of employment, a per hour percentage increase shall . be given in proportion to the CSEA contract. Seasonal part-time employees and Work Study empioyees shall be hired at $5.00 per hour. After 12 months of employment, a fifty (50¢) cent per hour increase shall be given. These salary guideli.nes shall be reviewed once a year. 8.-Yore of the Town Board: Ayes: Councilwoma~Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: 9a is to rescind a prior resolution. 9a.-Moved by Councilman Peflny, seconde~dbY;-Councilwoman Oliva, it was RESOLVED THAT THE Town Board of the Town of Southold hereby rescinds their Resolution No. 19, adopted on December 27, 1988, authorizing a $150,000.00 bond resolution for the construction of a second truck scale at the Landfill Site, Cutchogue. 9a.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9b is to authorize a new bond resolution for the scale, and I might add, I offer that resolution. I might add, at this time, the purpose of the second scale is because'~e are now charging fees and we've got to weight vehicles going in and out of the Landfill, in order to collect the correct amount of money. 9b.-Moved by Supervisor Murphy~ seconded by Councilwoman Cochran, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 10, 1989, AUTHORIZING THE PURCHASE OF A SCALE FOR USE AT THE TOWN J LANDFILL, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $150,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $150,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to purchase a scale for use at the landfill site within the Town. The estimated maximum cost of said specific object or purpose,' including preliminary costs and costs incidental therto and the financing thereof, is $150,000 and sai(~amount is herby appropriated therefor. The plan of financing includes the issuance of $150,000 serial bonds of the Town to finance said appropriation, and the I~ and collection~of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $150,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law") to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) or purpose for which tion are to be issued, is five (5) years. (b) The period of probable usefulness of said specific object said $150,000 erial bonds authorized pursuant to this resolu- within the limitations of Section 11.00 a. 32 of the Law, Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolu- tion or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00d.5 of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of saic~ bonds and provision shale be made annually in the budget of the Town by appropriation for (a) the amortiza- tion and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the pa.yment of interest to be due and payable in such year. Section 5. Subject to the provisions of th. is resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authori- zation of the issuance of bond anticipation notes and of SEction 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authoring bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said. bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolu- tion and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such paublication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Mattituck~ New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. 9b.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to authorize the Town Clerk to advertise for resumes. 10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a Lec~al Stenoc~rapher for the Town Attorney's Office, at a salary of $19,000.00 per annum. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution, was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is a resolu~ion to accept with regret the resignation of Heather Cusact Tetrault as a member of our Town Conservation Advisory Councilt effecti.ve immediately, and extend our sincere thanks for a iob very well done. I offer that resolution. 11.-Moved by Supervisor Murphy, seconded by the entire Town l~oar~lt it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with rec~ret, the resignation of Heather Cusack Tetrault, member of the Southold Town Conservation Advisory Council, effective immediately, ~ and extends their sincere thanks and appreciation to Mrs. Tetrault for the time and expertise she contributed to her position r and best wishes for success and happiness in her move to Rhode Island. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I might add the reason she is resigning, she's moving to Rhode Island. We wish her well. Number 12 is to authorize the Town Clerk to advertise for applicants for Conservation Advisory Council. I offer that resolution. 12.-Moved by Supervisor Murphy, seconded by~Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for one (1) member of the Conservation Advisory Council. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize the purchase of a Chevrolet 4-door car for the Southold Town Police, from the New York State contract. I offer that resolution. 13.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of one (1) 1988 Chevrolet 4-Door Sedan for the Southold Town Police Department, at a cost of $12,567.00, under the NYS Contract, from Warnock Fleet and Leasing, 175 Rt. 10, East Hanover, New Jersey. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olivaw Councilman Penny, Councilwoman Cochran, Justice Edwardsr Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to accep~a bid. 14.-Moved by Councilwoman Cochranr seconded by Justice Edwards,.it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gary Tabor I_andscapin~, in the amou_nl~ of $4~,200.00 (plus tippir~c~ fees), JANUARY 10, 1989 for the removal of buildings or structures, debris, fallen trees, clean drainage ditches, on the premises owned by 'Marga'~et~Ciacia, 446 Main Road, Greenport, New York. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISQR MURPHY: Number 15 is a change of zone application from C-1 to B, light business, on the Oyster Farms Associates, calling for a Draft Environ- mental Impact Statement, at a cost of $2°000.00 deposit to be paid. I offer that resolution. -- 15.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, Oyster Farm Associates, Inc. has heretofore applied to the Southold Town Board for a change of zone from "C-1" General Industrial District to "B" Light Business District on certain property located on the east side of Shipyard Lane, East Marion, New York; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1 That pursuant to the pro¥isions of Article 8 of the Envionmental Conserva- tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is a Type I action and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determinatFon as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Oyster Farm Associates, Inc., of this determination, and further request said applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code. 4. In accordance with Chapter 44, Section 20 and Part 617 NYCRR, the applicant is required t~ defray the'cost of..~eviewing the Draft Environmental Impact Statement, which includes a scoping session, therefore, the Town Board determines that a deposit of $2,000.00 shall be paid to the TownClerk prior to the date of the scoping session. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to appoint an EISEP aide. 16.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Osgood as an EISEP Aide, effective December-27, 1988, 20 hours per week, $5.00 per hour; AND as a Brief Respite Aide, effective December 27, 1988, 20 hours per week, $4.00 per hour. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to grant permission to attend a CSEA meeting. 17.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Account Clerks Barbara Rudder and Jeanne Cullen to attend a CSEA Benefit Fund meeting, to be held at 5:00 P.M., February 2, 1989 at Hauppauge, New York, and the use of a Town vehicle for travel, and the necessary expenses for meals. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18a is to rescind a prior resolution. a.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, 18a. it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 31, adopted at the January 3, 1989 Organizational Meeting, appoint- ing Mary Ann Fteischman as a part-time (~ounselor under the Crime/Drug/Alcohol Program,effective January 1, 1989, at a salry of $6,000.00 per annum. -Vote of the Town Board: Ayes: Councilwoman Larsen,.Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18b is to administer a Town program. 18b.-Moved by Counciiwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the TOwn of Southold hereby engages the services of Mary Ann Fleischman, MSW, to run a Southold Town Administered Parents Support Program for 1989, at a salary of $6,000.00 per year. JANUARY 10, 1989 18b.-~/ote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to execute an agreement. 19.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the .Tow~ of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an a~reement between the County of Suffolk Youth Bureau, the Town of Southold, and the Faro y Service Leacjue, Inc., for the Family Service League, Inc. to administer the Southold Town Youth Services Program for the period January 1, 1989 through December 31, 1989; funding to be received from the County of Suffolk in the amount of $11,260.00. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVIS.OR MURPHY: Number 20 is to encumber funds. 20.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the encumberance of $1,649.17 from the 1988 Conservation Council Budget, A3610.4, - to provide for the publication of a brochure of environmental advice. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to authorize myself to make an application to the DEC for State aide. I offer that resolution. 21 .-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to make application to the New York State .Department of Environmental Conservation for State Aide for the period April 1, 1989 through March 31, 1990 for the Southold Town Conservation Advisory Council. 21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to authorize myself to execute an agreement between Suffolk County Office of the Aging and the Town, the operation of our Senior Citizen Nutrition Program for this year, at an agreement cost of $116,421.00. I offer that resolution. 22.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was -RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an ac~reement between the Suffolk County Office for the Aging and the Town of Southold for the operation of a 'Senior Citizens Nutrition Program for the period January 1, 1989 through December 31, 1989, at an agreement cost of $116..421.00. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to authorize advance fee payment. 23.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee payment in the amount of $895.00 for two bus trips to Shea Stadium (47 tickets at $8.50 each= $446.50 per trip, plus $2.00 handling fee) for the Saturday, June 25, 1989 and Sunday, September 10, 1989 New York Mets Games (check made payable to New York Mets, said charge to made to A7320.4, Joint Youth). 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to authorize a refund. 24.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the ~efund of $20.00 to John and Mary Chorbor, which amount represents the payment of a vacant land certificate, of occupancy fee, which certificate the Building Department was unable to issue. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. ' JANUARY 10, 1989 SUPERVISOR MURPHY: Number 25 is the first budget modification for the 1989 budget. '~ 25.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Bud~tet modification to the General Fund - Whole Town to correct the budget allocation for the salary of Mary Ann Fleischman: To: A4010.1 Public Health, Personal Services $6,000.00 From: A4010.4 Public Health, Contractual Expenses $6,000.00 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is a house trailer permit renewal. 26.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the application of Samuel G. Brown for renewal of his sinc~le family house trailer, which permit expires on January 15, 1989, for traile~ located on the west side of Tuthill Road, Cutchogue, New York, be and hereby is renewed for a six (6) month period. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Jus~i-ce Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27a is to rescind a prior resoltution. 27a.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 20, adopted on December 27, 1988 with respect to a negative declaration concerning the petition of Carr/Wanat for a change of zone. 27a.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27b is a negative dec. 27b.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review, and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is a Type I-action, will not have a significant effect on the environment, Description of Action: Petition of Carr/Wanat for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence on certain property located on the northerly side of Bergen Avenue, Mattituck,New York. The project has been determined not to have a significant effect on the environment based upon mitigation measures identified in the Draft Environmental Impact Statement. 27b.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is a decision on a local law to amend Southold Town zoning code, and zoning map incorporated therein, Local Law No. 1-1989. I offer that resolution. 28.-M~,ved by Supervisor Murph'r', ~econded by Councilwoman Cochran WHEREAS, the Town Board in 1983 authorized the Planning Board to update the Master Plan of the Town of Southold as it pertains to the zoning code and zoning maps of the Town of Southold, and WHEREAS, the Planning Board presented to the Town Board a proposed Master Plan Update amending the present zoning code and zoning maps, and WHEREAS, the Town Board and Planning Board jointly reviewed the proposed amendments of the zoning cod~ and zoning maps, and WHEREAS, the Town Board, as lead agency, conducted a full review under the State Environmental Quality Review Act (SEQRA) and issued'its findings of facts and conclusions, and WHEREAS, the Town Board held a public hearing on the first day of December, 1988, at which time all interested persons were given an opportunity to be heard on the proposed change to the zoning code and zoning maps, and WHEREAS, the Town Board hereby determines that it is within the health, safety and welfare of the People of the Town oi' Southold to enact the proposed amendments to the' code and zoning maps, NOW THEREFORE BE IT RESOLVED, that Local Law No. 1-1989 be enacted as follows: 75 6 JANUARY 10, 1989 LOCAL LAW NO. 1, 1989 A Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein~ to implement, in whole or in part~ the recommendatmons of the Master Plan Update prepared by the Planning Board BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter t00 of the Code of the Town of Southold (Zofii2g) is hereby amended as follows: 1. Article 1, Section 100-10 (Purposes), subdivisions E and G are amended to read as follows: E. The maximum protection of residential and historic areas. G. The enhancement of the appearance of the Town of Southold as a whole particularly its open and rural environment. Article 1, Section 100-10 (Purposes) is amended by adding two new subdivisions thereto, to be subdivisions K and L, to read as follows: The protection of the subsurface water supply and surface waters. L. The protection and enhancement of the coastal environment Article 1, Section 100-11 (Conflicts) is amended by amending the title of such section~ and adding thereto a new subdivision, to be subdivision C, all to read as follows: Section 100-11. Interpretation and Conflicts. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. Except where specifically provided to the contrary~ it is no~ intended by this local law ~o repeal, abrogate, annul or in any way to impair or mn%effete with any rules, regulations or permits previously adopted or issued or which shall be adopted~r issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parries. Article 1, Section 100-13, subdivision B, (Definitions and usages) is amended by amendin~ and/or adding the following terms: Bo Definitions and Usages. Unless otherwise expressly stated the following germs shall, for the purpose of this chapter~ have the meaning as herein defined. Any word or term not noted below shall be used with a meaning as defined in Websner's third New International Dic~Jonary~of the English Language~ unabridged (or latest edition). ACCESS - A physical entrance to property. ACCESSORY APARTMENT - A dwelling unit created in a presently existing one-family dwelling pursuant'to Section lO0-31B(l~) BUILDING - Any structure having a roof supported by such things as columns, posts, piers, walls, or air and intended for the shelter, business, housing or enclosing of persons, animals, property, or other materials. Also any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present; the term "building" shall include the term "structure" as well as the following: (1) Signs. (2) Fences. 3) Walls. 4) Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building. Porches, outdoor bins and other similar structures. BUILDING-LINE A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. CERTIFICATE OF OCCUPANCY - A document issued by a Town Building Inspector allowing the use and/or occupancy of a building and/or land, and certifying that the structure and/or use of land and/or structures is in compliance with all state and local codes, regulations and requirements. CLUSTER - See Residential Cluster. CLUB, BEACH - A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, located contiguous to a bay or Long Island Sound and established for principal purpose of engaging in swmmmmng in the Sound or the bays, but excluding any form of aviation, motorboat racing or water skiing on inland waterways or similar hazardous sports. CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE, NONPROFIT - A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swzmming, fishing, hunting or similar activities~ but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public. CLUB, YACHT - A not-for-profit corporation~ as defined by Section 102 of the Not-For-Profit Corporation Law of the State o'f New York, established for the prinicpal purpose of engaging in recreational boating. The activities of such a yacht club shall be limited to its members and their guests and shall nov be exvended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard" except for the out-of-wa~er storage of member boats. '' 8 JANUARY 10, 1989 COMMON OPEN SPACE - An open space area within or related to a si~e designated as a development that is available for the use of all residents or occupants thereof. COOPERATIVE - A type of resorv or multiple residence in which persons have an ownership interest in the entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed, leased, or otherwise made available for use by persons other than the owners thereof. CUL-DE-SAC ~ The turnaround at the end of a dead-end Street. CURB CUT - The opening along the curb line ay which point vehicles may enter or leave the roadway. CUSTOM WORKSHOP - A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order or measure, for sale at retail on the premises only, and nov including the manufacture of machinery, vehicles, appliances and similar heavy goods, and ready-to-wear or standardized products. DEDICATION - The conveyance of fee or lesser interest in property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated. EASEMENT - A grant of use of land for specific purposes. FARM - For the purposes of this chapter a farm shall be defined as~a site or series of adjoining parcels under single ownership or management devoted to agricultural use. FARM BUILDINGS Ail strucvures useful or necessary for the conducv of agricultural activities including, but not limited to, barns, silos, mechanical equipment storage sheds, animal pens or other shelters. FENCE A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A fence is considered a structure for the purposes of this chapter. FISH PROCESSING - The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking, and the cooking of crabs or lobster, but nov including other cooking, canning~ freezing, smoking or other fish factory" operations. FLOOD HAZARD AREA - Land in the flood plain subject to a one percent or greater chance of flood in any given year. FLOOD PLAIN - The relatively flat area of low lands adjoining the channel of a river~ stream, watercourse, canal, or any body of standing wa~er, which has been or may be covered by flood water. FLOOR AREA The sum of the gross h~Dizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six feet measured from the exterior walls or from the center line of parry walls separating two buldings, including cellar and basemenv JANUARY 10, 1989 areas. The floor area shall not include: roof overhangs projecting less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyOnd~the exterior face of the building. FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways~ unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as : principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. FRONTAGE - The width of a lot at the street line. :GARAGE, PRIVATE - A building used as an accessory to the main building for the storage of one or more gasoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected, for the storage of not exceeding two additional vehicles (not trucks) owned or used by others and in which no occupation, business or service for profit is carried on withou5 special permit. GARAGE, REPAIR - A building other than a private garage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use. GASOLINE SERVICE STATION - A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of me,or vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage nor a body shop. GREENHOUSE - A s~ructure for growing plants. GROUND FLOOR - The first floor of a building other than a cellar or basement. GUEST UNIT - A bedroom-sleeping accommodation for transient guests, which may or may no~ include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet mn area. HEIGHT OF BUILDING - The vertical distance measured from the average elevatio~ of the existing natural grade before any alteration or fill adjacen~ to the building to the highest point of the roof for fla~ and mansard roofs, and to the mean height between rave and ridge for other type roofs. HISTORIC BUILDING - See Landmark Designation. HOMEOWNERS OR HOMES ASSOCIATION - A community association, including a condominium association, which is organized · n a residential development in which individual owners have a shared interest in the responsibility for open space or 5acilities. HOTEL OR MOTEL, RESORT - A building4or group of buildings whether detached or in connected units, containing individual gues~ units consisLin'g of a room arranged or designed ~o be available for use as sleeping quarters for ~ransients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that'- one such unit may connec~ directly ~ith no~ more than one 0 JANUARY 10, 1989 other such uni%. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool~ conference and meeting facilities~ or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall'not be construed to include "transien~ motel" or "mobile park". HOTEL OR MOTEL, TRANSIENT.- A building or group of buildings~ whether detached or in connected units~ containing individual guess units consisting of a room arranged or designed to be available for use as sleeping and living quarters for transients on a daily rental basis~ provided that one such unit may connec~ directly with no more than one other such uni~ and tha~ no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or a common hallway leading to the exterior. A "transient. hotel or motel" may include such accessory uses as an office, restaurant, accessory uses as an office~ restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel shall not be construed to include "resort motel" or "mobile home park" nor shall it be deemed to include any dwelling unit except that of the owner or manager. JUNKYARD ~ Land occupied or to be occupied for storage of oldwoo~paper~ cloth or metal, including old automobiles, trucks~ equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The exissence of any residential lot of three or more unregistered automobiles or trucks not housed within a building shall be deemed to be a junkyard. Public sanitary landfills and the structures located thereon shall not be included in this definition. LANDMARK DESIGNATION - The designation of a building or structure of architectural or historic s~gnificance to the Town through listing the property in the Town's Register of Designated Landmarks and filing a copy of the entry in the Town Clerk's office. LANDSCAPING - An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting~ access-ways, bikeways and pedestrian-ways. LIGHT INDUSTRY - An activity which involves the f:abrication, reshaping, reworking~ assembly or combining of products from previously prepared.materials and which does no~ involve the synthesis of chemical or chemical products other ~han for pharmaceutical or research purposes or the processing of any raw materials, excepL agricultural raw materih~s. Light industry includes indus%rial operations such as electronic, machine parts and small componen5 assembly, as opposed ~o h~avy industrial operations such as automobile assembly or milling activities. LOADING BERTH A space at least 15 feet wide and 45 feet long, having a minimum 14 foot vertical clearance for loading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space. LOT AREA - The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way. LOT, INTERIOR through lot. A lot other than a corner lot or a LOT LINE, FRONT The lot line separating a lot from a street right-of-way; also referred to as "street line". LOT LINE, SIDE lot line. Any lot line other than a front or rear LOT, REAR OR FLAG - A lot located in such a position that it is to the rear of some other lot fronting on the same street and served by means of an accessway. LOT, THROUGH A lot which fronts upon two streets which do not intersect at the boundaries of the lot. LOWER AND MODERATE COST HOUSING - Housing which is constructed and kept available for families or indiviudals with low or moderate income, including senior citizens, as defined by the Town Board. MASTER PLAN - A plan for the controlled development of all or portions of the Town of Southold, the protection of: environmentally sensitive areas'~ the enhancement of fishing and shellfishing, healthy recreation areas and facilities, the protection of the underground water supply; the plan to be prepared by the Planning Board pursuant to Section 272-a of the Town Law, which plan indicates the general locations of physical development within the Town, and includes any unit or part of such plan separately adopted and any amendment to such plan or parss therein. MEAN HIGH WATER (MHW) Average height of high waters datum reported by the U.S. Geological Survey. MOTEL, RESORT - See Hotel or Motel, Resort. MOTEL, TRANSIENT - See Hotel or Motel, Transient. NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the effective date of this chapter or any applicable amendmen~ thereto, but which fails by reason of such adoption, revision or amendment go confirm to the presen~ district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc. but which is continuously mamn~ained after the effective date of these regulations. NONCONFORMING LOT - A lot the area, or, ~dimension of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning distric~ in which it is located by reason of such adoption, revision or amendment. JANUARY 10, 1989 NONCONFORMING USE A use whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located, but which iscontinuously maintained after the effective date of these regulations. NURSERY SCHOOL A building or buildings together with any accessory uses, buildings or structures, used as ax organized instructional facility for five or more enrolled children under six years of age other than the children of the resident family, and not furnishing sleeping facilities except to bhe resident family. OFF-STREET PARKING SPACE - A space for the parking of one motor vehicle within a public or private parking area, but not within a public street. OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for bhe use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided bha5 such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental bo bhe natural openness of the land. OUTDOOR STORAGE - The keeping, in an unroofed area, Of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours. OWNER - The term shall be construed bo include the duly authorized agent, attorney, purchaser, devisee, fiducia~ or any other person having vested or contingent interes~, in the property in question. PARKING LOT - An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles. PERFORMANCE GUARANTEE - Any security which may be accepted by the Town as a guarantee that improvements required as part of an application for development are satisfactorily completed. PERSON - Any association, partnership, corporation, cooperative group, trust or other entity as well as an individual. PLANNING BOARD - The Planning Board of the Town of Southold. PLAT - The map of a subdivision. PRINCIPAL USE The main or primary purpose or purposes for which land ahd/or structure(s) is designed, arranged~ used or intended to be used or for which such land and/or structure,s) may be occupied or maintained under this cha~t~-~ PROFESSIONAL OFFICE - The office of a member of a recogni profession or occupation, including architecss., artists, authors,'.dentists, doctors, lawyers, ministers, musicians, optometrists, engineers, and such other similar profession or occupations which may be so degignated by the Board of Appeals. RECREATIONAL FACILITY, COMMERCIAL - An indoor or outdoor privately-operated business involving playing fields, courts, arenas, or halls designed to accommodate sportsf. and recreational activities such as billiards, bowling, dance halls, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools. JANUARY 10, 1989 83 RECREATIONAL VEHICLE - A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational~ camping and travel use and including but not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes. RESEARCH LABORATORY - A building for experimentation in pure or applied research, design, development~ and production of prototype machines or devices, or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sa!e; wherein commercial servicing or repair of commercial products is not performed; and where there is no display of any materials or products. RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units and having a common or public open space. RESTAURANT - Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any facility making use of carhop or parking lot service to cars or for the consumption of food to be eaten in said cars or outdoor~ shall not be considered a "restaurant" for the purpose of this chapter, and shall be deemed to be a "drive-in or fast-food restaurant". RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state, usually served in paper, plastic, or other disposal containers, for consumption within the restaurant building, elsewhere on the premises, or for carryout, for consumption off the premises. RETAIl STORE An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverage, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. RIGHT-OF-WAY LINES - The boundary lines of land used or intended for use as streets~ as shown on deeds, plats, or the Mast~E Plan, and from which yard and other requirements Shall be measured. ROADSIDE FARM STAND, AGRICULTURAL STAND - A booth, stall or display area exceeding fifty (50) square feet in area located on a farm from which agricultural products are sold to the general public. SEPTIC TANK - A water-tight receptacle that receives the discharge of sewage from a building, sewer or par. t thereof and is designed and constructed so as to permit settling of solids, digestion of the organic matter, and discharge of the liquid portion into a disposal area. SETBACK - An area extending the full width of the lot described or a distance between the street right-of-way and building for the full required fron~ yard depth within which no buildings or parts of buildings may be erected. .. JANUARY 10, 1989 SITE PLAN - A development plan for one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways~ (2) the location of all existing and proposed buildings, drives, parking spaces~ walkways, means of ingress and egress~ drainage facilities~ utility services, landscaping~ structures and signs, lighting~ screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuan5 to this chapter for the review and approval of site plans by the Planning Board. SPECIAL EXCEPTION USE - A use that is deemed appropriate in a particular district if specified conditions are met. SWIMMING POOL A structure containing an artificial body of water, which is grea~er than six feet long or wide, and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45 degrees shall not be included in this definition. TOWN BOARD - The Town Board of the Town of Southold. TOWNHOUSE - A dwelling unit in a building containing at least three connected dwelling units divided by common vertical party walls, with private envrances to each dwelling. A townhouse may include dwelling units owned in fee simple or in condominium or cooperative ownership or any combination thereof. TRAILER OR MOBILE HOME Any vehicle mounted on wheels~ movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters so as ~o permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed and shall include the terms "automobile trailer" and "house car" USE - The purpose for which land or a structure is arranged, designed~ or intended, dr for which either land or a structure is or may be used~ occupied or maintained. YARD LINE - A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter. ZONE - A finite area of land, as designated by its boundaries on the Zoning Map~ throughout which specific and uniform regular.ions govern the use of land and/or the location~ size and use of buildings. ZONING BOARD - See Board of Appeals. ZONING MAP - The map annexed to and made part of this chapter, .i~dicating zone boundaries. Article II, Section 100-20 (District designations) is repealed and a new Section 100-20 is added, to read as follows: Section 100-20. District designations. For the purpose of this chapter, the Town of Southold, outside of the Incorporated Village of Greenport, is hereby divided into districts designated as follows: A-C R-S0 R-40 Ral20 R-200 R-400 Agricultural-Conservation District (Two acre minimum) - Residential Low Density District (Two acre minimum) - Residential Low Density District (One-acre minimum) - Residential Low Density District (Three--acre minina~n) - Residential Low Density District (Five acre minimum) - Residential Low Density District (Ten acre minin~m) HD - Hamlet Density Residential District AHD RR Affordable Housing District Resort Residential District RO Residential Office District HB LB B Hamlet Business District Limited Business District ~General Business.District MI MII - Marine I District - Marine II District LI0 LI - Light Industrial Park/Office Park District - Light Industrial District Article II, Section 100-21 (Zoning Map) is amended to read as follows: Section 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the Zoning Map dated January 10, 1989, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating the lates~ amendments, shall be kept up-to-date and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. Article II, Section 100~3 (Effect of Establishment of district), subdivision E is amended to read as follows: Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter~ shall be deemed ~o be not an exhaustive list~ but to have been included for the purposes of clarity and emphasis. Section 100-31.1 and Section 100-33 of Article III are repealed~ and remainder of said Article III is amended as follows: ARTICLE III Agricultural-Conservavion A-C D~stric~ Low Density Residential R-80, R-120, R-200, R-400 Districts Section 100-30 Purpose. The pucpose of the Agricultupal-Conserv. ation (A-C) District'' and the LofJ Density R-80, R.-120,.~ R-200 and R-400 Districts is vo reasonably control, and to the ex~en~ possible prevent, 6 JANUARY 10, 1989 the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features including aquifer recharge areas and bluffs. In addition these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southoid's recreation, resort and second home economy. The economic, social and aesthetic benefits which can be obtained by all citizens by limiting loss of such areas are well documented, and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expendingl, ar-ge sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes~ While honoring the legitimate interests of farmers and other farmland owners. Section 100-31. Use Regulations In an A-C District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged~ intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1.) One -family detached dwellings, not to exceed one dwellling on each lot. (2.) The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no s~orage of manure, fertilizer or other odor or dust-producting substance or use, except sprayiqg and dusting to protect vegetation, within 150 feet of any lot line. (a.) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises subject to the following special requirements: (i) (3) All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed 1,000 square feet in floor area or one story in height. Display of produce, at a roadside farm stand shall be not less than 10 feet from all street and lot lines. Any roadside farm stand in excess of fifty (50) square feet in floor, area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one year, comply with all of the provisions hereof. Ail signs shall conform to the provisions of Section 100-31C(9). Off-street parking as required by the Parking Schedule shall be provided and shall be approved by the Planning Board. Any roadside stand in existence on the effective d~te of this paragraph mum~, within o~e (1) year from such date, comply with the provisions hereof. (b.) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots ten (10) acres or more. (c.) Barns, storage buildings, greenhouses (including plastic covered), and other related structures, provided that such buildings shall conform to the:'yard requirements for principal buildings. (5.) Build'ings, structures and uses owned or operated by the Town of Southold, School districts, Park Districts and Fire Districts. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter-- provided, and, except for the uses set forth in subdivision (15) hereof, are subject to site plan approval by the Planning Board. (1.) Two-family dwellings not to exceed one such dwelling on each lot. (2.) Places of worship, including parish houses (but excluding a rectory of parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements. (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed twenty (20~) percent of the area of the lot. (3. Private elementary or high schools, colleges and other educational.institutions, subject to the following requirements. (a No building shall be less than fifty $0) feet from any street or lot line. (b The total area occupied by all prlncmpal and accessory buildings shall not exceed twenty (20%) percent of the area of the lot. (c Any school shall be a nonprofit organization within the meaning of the Internal Revenue Ac% and shall be registered effectively thereunder as such. (4. (d) Any such school shall occupy a lot with an area of' not less than five acres plus one acre for each 25 pupils for with the building is designed. Nursery schools. PhJ7tanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements. (a) No building or part thereof or any parking or loading area shall be located within one hund'~d (100) feet of'any street line nor within fifty (50) feet of any lot line. 8 JANUARY 10, 1989 (6.) (7.) (b) The total area covered by principal and accessory buildings shall not exceed twenty (20~) percent of the area of the lot. (c) The maximum height shall be thirsy-five (35) feet or two and one-half (2½) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landsaaped and properly maintained. (e) Sufficient exterior illumination of the site shall be required to provide convenience and safety. Ail such illumination shall be shielded from the view of all surrounding streets and lots. (f) Any nursing home, hospital or sanitarium shall meet the following standards: (i) All buildings shall be of fire-resistive construction. (ii) All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (iii) Patients suffering from communicable diseases shall not be permitted in any nursing home or sanitarium (communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York. (iv) Eight Thousand (8,000) square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town~ subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests, and accessory playgrounds, beaches, swimming po'ols~ tennis courts, recreational buildings, and maintenance buildings~ subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory · buildings shall not exceed 5wen~y (20~) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. JANUARY 10, 1989 89 (8.) (9.) (10. (11. (12. (13. (14. (e) The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreational facility shall be less than two (200) feet from any lot line, and any such building, tent, activity area or recreation, facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, excepo : tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less than ten thousand (10:000) square feet for each cottage, tent or other principal building~ and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be constructed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty (150) feet to any lot line. Cemeteries. Stables and riding academies. Wineries for the production and retail sale of wine produced from grapes grown on the vineyards on which such winery is located. One ~ccessory apartment.in an existing one-family dwell'lng, subject to the following requirements: (a) The accessory apar~men~ sh'~ll be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's prznc~pal residence. The other dwelling unit shall be leased'for year-round occupancy, evidenced by a written lease for a term of one or more years. 0 JANUARY 10, 1989 (15.) (c) The existing one-family dwelling shall contain not less than sixteen hundred (1,600) square feet of liveable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of liveable floor area. (e) The accessory apartment shall not exceed forty (40%) of liveable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 hereof. (i) The exterior ennry to the accessory apartment shall~ to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alteratmons to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the even~ of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise whichever shall first occur. (1) All conversions subject to inspection of Building Inspector and Renewal of Certifica~ of Occupancy annually. (m) The building which is converted to permit an accessory apartment shall be in exisvence and have a valid certificate of occupancy issued prior to January 1, 1984. (n) The existing b~[lding, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of Section 100-30B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (~) Approval by the Suffolk County Department of Nealth Services of the water supply and sewage disposal systems. The renting of not more than three (3) rooms in an owner occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transien~ roomers~ provided the renting of such rooms for such pmrpose is clearly incidental and subordinate to the ~ri~ipal use o~ the dwelling, subjec~ ~o the followi~ requirements: JANUARY 10, 1989 91 (a) That adequate off-street parking spaces shall be provided for such rented rooms in addition to parking spaces for the use of the family of the owner. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein. (1) Any customary structures or uses which are customarily incidental to the principal use~ except those prohibited by this chapter. (2) Home occupations, including professional offices, provided that: (a) No displaY of goods is visible from the street. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with~not more than one nonresident assistant. (c Such occupation is carried on in an area not to exceed twenty-five (25~) percent of the area of all floors of the main building and in no event shall Such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property line such as noise, traffic, odor~ dust~ smoke, gas~ fumes or radiation. e Studios where dancing or music instruction is offered to groups in excess of five pupils'at one time~ or where concerts or recitals are held~ are prohibited. (f) In no manner shall the appearance of the building be altered nor shall the occupation within the residence be conducted in a manner that would cause the premises to lose its residential character, either by the use of colors, materials~ construction or lighting. No display of products shall be visible from the street~ and no stock in grade shall be kept on the premises. (g) Home occupations shall in no event be deemed to include: animal hospitals, kennels, barber shops, beauty parlors, clinics, or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes~ rooming houses or boarding houses, and uses similar to those listed above. (3) Boat docking facilities for the docking~ mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for ~o more than two (2) boats~o~h~'~ ~han_thbse owned and used by the owner of the premises for his personal use. (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be .~s, ed for overnight ~leeping purposes. 2 JANUARY 10, 1989 (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain-link (or similar) type fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adquately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provmsions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single- family detached dwelling provided that the same is set back not less than six (6) feet from all lot lines, and that there is no lighting for after dark use. (5) Private garages, provided~ however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons nov resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to subsection Q of Section 100-191 Supplemental parking regulations and the following requirements: (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard~ and the area occupied therefor, together with the area of all buildings in the rear yard, shall not exceed forty (40~) percent of the area of the required year yard. (c Such boat or trailer shall not be located within fifteen (15) feet of any svreet or lot line. (8) Hbrses and Domestic animals other than household pets, provided that such shall not be bombed within forty (40, feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall no5 be constructed within fifty (50) feet of any line. (9) The following signs, subject vo the supplementary sign regulations hereinafter set forth in Article XX: (a) Not more than tWO (2) non-illuminated nameplate~ or. professmonal signs each n6t-more than two (2) square feet in ~re~ (b) Not more than two (2) signs with a combined total area of not more than forty-eight (48) square feet, no one (1) of which shall be larger than twenty-four (24) square feet in size, advertising only the sale of farm~ garden or nursery products grown on the premises or of animals raised on the premises. (c] One (1) real estate sign, either single or double-faced, not larger than twelve (12) square feet in size on any one (1) or more lots~ advertising the sale or lease of only the premises on which it is mamntained, and set back no5 less than fifteen (15) feet from any lot line. Where acreage or a subdivision has a continuous fronsage of five hundred (500) feet or more, said sign shall not exceed twenty- four (24) square feet in size. (d) One (1) bulletin board or other announcement or identification sign for uses permitted in Section 100-$1B(3),(4), (5), (6), (8) and (9) of the Agricultural District, not more than eighteen (18) square feet mn area, located not less than fifteen (15) feet from any street or lot line. (e) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. (10) Yard sales, attic sales, garage sales, auction saleg, or similar type of sales of personal proper~y owned by the occupant of the premises and located thereon, subjec~ to the following requirements. (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b Adequate supervised parking facilities shall be provided. (c No signs, excep~ one one-premises sign larger than six (6) square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d A permit is obtained therefor from the Building Inspector upon the payment of a fee of $15. Section 100-32. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erecsed or altered in the Agricultural- Conservation Distric~ and in the Low Density Residential R-80 District unless the same conforms 5o the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full~ as well as the following Bulk and Parking requirements, to wit: A. In the c~se of a lo~ held in single and separate ownership prior ~o November 23~ 1971, and thereafter~ with an area of less than for~y-thousand (40~0@~} square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. JANUARY 10, 1989 The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) Ail lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. (2) Ail lots shown on major subdivison maps upon which the Planning Board has held a hearing for preliminary map approval prior ~o May 20, 1953. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. Ce The bulk and parking requirements for single family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) Ail lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) Ail lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or crea~ed by approval of the Planning Board on or after May 20, 1983. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after )lay 20, 1983. (3) All lots set off or created by ,. approval of the Planning Board on or after May 20, 1983- Section 100-33. Accessory buildings. In the Agricultural-Conservation DJ. strict'and Low Density Residential R-$0~ R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required year yard, subjecv to the following requirements: A. Such buildings shall no~ exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three feet from any lot line. C. Ail such buildings in the aggregate shall occupy not more than forty (40%) percent of the area of the required rear yard. Chapter 100 is amended by adding a new Article thereto, mo be Article III-A, to provide as follows: ARTICLE - A Low Density Residential R-40 District Section lO0-30A. Purpose The purpose of the Low Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full developmen~ densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. Section 100-3lA. Use regulations. In an R-40 District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged~ intended or designed to be used, in whole or in par~, for any uses except the following: A. Permitted uses. (1) Same as Section 100-3lA of the Agricultural- Conservation District. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board. (1) Same as Section lO0-31B of the Agricultural- Conservation Distric~ except (8) children's recreation camp, ($) farm labor camp and (10) veterinarian office and animal hospital not permitted, and bed and breakfast uses do not require site plan approval. (2) Libraries, museums or arv galleries. C. Accessory uses, limited to the following: (1) Same as Section 100-31C of the Agricultural- Conservation District. Section 100-32A. Bulk, area and parking requlremenss. No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements ,of the Bulk Schedule and of the Parking Schedule, with the same force and effec5 as if such regulations were set forth herein in full. Section 100-33A. Accessory buildings. Accessory buildings shall be subject ~o the same requirements as Section 100-33 of the Agrioultural-Conservation District. 6 JANUARY 10, 1989 10. Article IV is repealed and a new Article IV is added in its place, to provide as follows: ARTICLE IV Hamlet Density Residential (HD) District Section 100-40. Purpose. The purpose of the Hamle5 Density (HD) Residential District is to (1) permit a mix of housing gypes and level of residential density appropriate go the areas in and around the major hamlet cen~ers~ particularly Mattituck, Cutchogue~ $outhold, Orient and the Village of Greenpor~. Section 100-41. Applicabiligy. The Hamlet Density (HD) R~sidential District may be designated on the Zoning Map by the Town Board, upon its own motion, or by petition on parcels within one-half mile of a Hamlet Business (HB) Districg of Mattituck~ Cutchogue and Southold hamle~ and within one-quarter mile of the Hamteg Business (HB) distric~ of Orient~ and within one-half mile of the boundary of the Village of Greenport. Section 100-42. Use regulations. In an HD District, no building or premises shall be used, and no building or part of a building shall be erecged or altered which is arranged~ intended or designed to be used~ in whole or in part of any use except the following: A. Permitted uses. (1) One-family detached dwelling. (2) Two-family dwelling. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals~ as hereinafter provided, and subject go site plan approval by the Planning Board: (1) Multiple dwellings, townhouse, row or attached house. (2) Accessory apargmen~s in single-family residence as set forth in ~qd regulated by Section i00-$1B(2) of the Agricultural-Conservation District. (3) Bed and breakfast uses as seg forth in and regulated by S&ction 100-3lB (15), without site plan approval. C. Accessory uses, limited to the following: (1) Accessory uses as seg forth in and regulated by Section 100-31C (1) through (7) and (10) of Agricultural-Conservation Dis~ricg~ and subject go oonditions se5 forth in Section 100-33 thereof. (2) Freestanding or ground signs,.subject ~o the following requiremengs: One (1) sign either single or double-faced, not more than eighteen (18) square feeg in area, and the upper edge of which shall no5 project more than five (5) feet above the ground unless -~ attached to a Fenc~ or wall. Suc~ sign shall Only indicate the name of ~e premises. Such sign shall be set back nog less than fifteen (1~) feet from all stree~ and lot lines. Such~sign shall comply with all of the supplementary sign regulations set forth in Article XX. (3) Accessory'buildings, structures and other required facilities and equipment necessary to provide community sewers, water, heat, utilities and other community services to-ali buildings and structures on the premises, provided, however, that the plans for and the location of the same shall be approved by the Planning Board. Section 100-43. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the Hamlet Density (HD) Residential District unless the same conforms with the Bulk Schedule and Parking Schedule incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full. ARTICLE V AFFORDABLE HOUSING DISTRICT Section 100- 50. Purpose. The purpose of the Affordable Housing District is to provide the opportunity within certain areas of the 'Town for the development of high density housing for families' of moderate income. Section 100-. 51 Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meaning: CONSUMER PRICE INDEX - The Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for the New York Metropolitan area. DIRECTOR - The Director of Community Development for the Town of Southold. MODERATE INCOME FAMILY - A family whose aggregate annual income, including the total of all current annual income of all family members (excluding the earnings of working family members under age 21) from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed $39,000.00, which annual income shall be revised each year on January 31st to conform to the previous year's change in the consumer' price index. MODERATE INCOME FAMILY DWELLING UNIT- A dwelling unit reserved for rent or sale to a moderate income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales- price set forth in Section 100- 56E hereof. MODERATE INCOME FAMILY UNIMPROVED LOT An unimproved lot - reserved for sale to a moderate income family, and for which the maximum initial sales price, inclusive of the cost of providing public water and/c~ public sewer service to the lot, does not exceed the maximum sales price set forth in Section 100- 56E hereof. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a moderate income family dwelling unit which cannot be 'removed without substantial damage to premises or total loss of value of said improvements. Section 100- 52 Applicability. ' AHD Districts shall be established by application to~.llhe Town Board pursuant to the procedures- hereinafter specified, on parcels of land located within the following areas: 8 JANUARY 10, 1989 Land within a one-half..~½) mile radius of the post offices located in the hamlets of Mattituck, Cutchogue, Peconic and Southold. Land within one-quarter (¼) mile radius of the post offices located in the hamlets of East Marion and Orient. /and within one-quarter (¼) mile of the boundaries of the Incorporated Village of Greenport. Land in such other areas as shall be designated by Town Board resolution after a public hearing thereon, upon ten (10) days notice thereof by publication in the official Town newspapers. Section 100-' 53. Use Re,~.ulations.- In the AHD District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: Permitted uses. 1. One-family detached dwelling 2. .Two-family dwelling Multiple dwellings. B. Accessory uses. Accessory uses as set forth in and regulated by Section 100-30C (1), (2), (3), (4), (6) and (7) of this Chapter: Section 100- 54 Bulk Are~' & Park!r~_~ Require_me._n_ts3 No bui;ding or premises shall 'be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area & Parking Schedule. BULK, AREA & PARKING SCHEDULE Minimum Requirements Total lot area (sq. ft.) Lot Width (ft.) Lot Depth' (ft.) Front Yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq.ft. per dwg) Off-street parking spaces (per dwg) Land area (sq.ft.) per dwg. unit Maximum Permitted Dimensions Lot coverage (percent) Building height Number of stories Single Family Two-Family Multiple Dwellings Dwellinqs Dwellings 10,000 20,000 40,000 80 100 150 100 140 20O --35 35 45 ':- 15 15 20 25 30 40 ~. 35 35 45 85O 6O0 60O 2 2 2 10,000 10,000 10,000 20 25 25 35 35 35 2½ 2½ 2½ Section 100-55. Apl31ication Procedure ^. Application Procedure. The procedure for p!anning and zoning approval of any future proposed development in an AHD District shall involve a two-stage review process as follows: (1) Approval of a preliminary development concept plan and the zoning reclassification of a specific parcel' or parcels of land for development in accordance with that plan by the Town Board; and (2) Approval of a final, detailed site plan, and subdivision plat approval, if required', by the Planning Board. B. Application to the Town Board for rezoning approval. Four (4) copies of the application for the establishment of an AHD District shall be filed with the Town Cleri< who shall submit a copy to the Town Board at its next regular scheduled meeting. The application shall contain at least the following information: The names and addresses of the property owners, and all other persons having an interest in the property; the name and address of the 'applicant (if not the owner); the names and addresses of any planners, engineers, architects~ surveyors, and all other persons or firms engaged or proposed to be engaged to perform work and/or s. ervices with respect to the project described in the application. If the applicant 'is not the owner of the property., written authorization of the owner or owners authorizing the applicant to submit the application on behalf of the owner or owners. (3) A written statement describing the nature of the proposed project, and how it will be designed to fullfilt the purposes of this Article (including its consistency with the Town MasTer plan); an analysis of the site's relationship to adjoining properties and the surrounding neighborhood; the availability' and adequacy of community facilities and utilities, including public water and public sewer systems, to .serve the needs of the project and the residents therein; the safety and capacity of the street system in the area in relation to the anticipated traffic generated, and such other information as deemed necessary by the Town Roard~and/or the Planning Board to enable them to properly review and act ~'pon the application. (4) A written statement describing the proposed method of ownership, operation and maintenance of all proposed common utilities, including public water and sewer facilities, and open land located within the proposed development. (5) A preliminary development concept plan for the proposed project, drawn to a convenient scale,' and including the following information: (a) The total area of the property in acres and square feet. (b) A map of existing terrain conditions, including topography with a vertical contour interval of no more than two (2) feet, indentification of- soil types (including wetlands), existing- drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, and other significant features' of the property. A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within five hundred (500) feet therefrom, as shown on the last completed town assessment roll. Such sketch shall also show the existing zoning of the property and the Iocatinn of all zoning district boundaries in the s, urrounding neighborhood. (d) A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of all other proposed site improvements, including recreational facilities', landscaping and screening, the storm drainage system, water and sewer connections, etc. {e} A plan showing the number, type and location of all proposed dwelling units and unimproved lots to be reserved for sale or lease to moderate income families, and the ratio of the same to all proposed dwelling units and lots in the development. (f) A generalized time schedule for the staging and completion of the proposed project. (g) An application fee in the amount of fifteen dollars ($15.) for each proposed dwelling unit or five hundred ($500.) dollars, whichever is greater. C. Referral to Planning Board. Upon the receipt of a prQperly completed application for the establishment of a new AHD District, one copy of the application shall be referred to the Planning Board for its rev.ew and report, and one copy shall be referred to the Suffolk County' Planning Commission for its' review and recommendation, if required by the provisions of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken, by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs.: Said review period may be extended by mutual consent of the Planning Board and the applicant. D. Planning Board Report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD District, with- or without modifk~ations, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in' its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Master Plan, the existing and permitted land uses in the area, th6 relationship of the proposed design and location of buildings on the, site, traffic circulation, both on and off the site, the adequacy and availability .of community facilities and utilities, including public water and public sewer systems, to service the proposed development, compliance of the proposed development with the standards and requirements of this Article, the then- current need for such housing, and such ot~her factors as may be related to the purposes of this Article. F. Town Board Public Hearing. Within forty-five (45) days from the date of the Town Board's receipt of the Planning Board's report and recommendation, or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHD District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the town Zoning Map and/or Zoning Code. F. Town Board Action. Within forty-five (45) days after the date· of the close of the public hearing, the Town Board shall act either to approve, approve with modifications, or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements'of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant..A copy shall also be filed in the Town Clerk's Office. If such determination approves the establishment of a new AHD District, the Town Clerk shall cause the official Zoning Map to be amended accordingly. (2) Approval of the establishment of an AHD District shall expire twelve (12) months after the date of Town Board Approval thereof if the applicant has not received site development plan approval and final subdivision plat approval of at least the first section of the planned development within such twelve (12) months period. Approval of the establishment of an AHD District shall expire eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. The Town Board, upon application of the applicant, and upon good cause being shown, may in the exercise of its discretion, extend both of the above time periods for not more than two (2) additional periods of not more than six (6) months each. In the event of the expiration of approval as herein provided, the AHD District shall be deemed revoked and the zoning classification of the property affected thereby shall revert to its zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the official Zoning~.~ap to be amended accordingly. G. Site' Plan And Subdivision Plat Approval by the Planning Board. (1) No earthwork, site' work,'~'land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XXVof this Chapter. 102 JANUARY 10, 1989 (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions df Chapter A106 of the Town Code. Section 100-56 General Re,qulations and Requirements. A. Sewer and Water. In an AHD D{strict, public water supply systemsand/or public sewer disposal systems shall be provided to serve all dwelling units located therein. 13. Covenants and Restrictions. in approving a preliminary development concept plan and/or the establishment of an AHD District, the Town 13oard shall have the right to require the applicant and/or the owner and all persons having an interest in the premises to execute an agreement, in recordable form, containing such restrictions, covenants, terms and conditions as it deems necessary to accomplish the intent and purposes of this Article. C. Provision For Moderate Income Family Dwelling Units-And Unimproved Lots. (1) On land within an AHD District containing ten (10) acres or less of land, not less than forty- (40%) percent of the dwelling units'and/or unimproved lots located therein shall be reserved for sale or lease to moderate income families. (2) On land within an AHD District containing more than ten (10) acres of land, the number of dwelling units and unimproved lots therein, to be reserved for sale or lease to-moderate, income families shall be as follows: (a) Not less than ten (10%) percent of the dwelling units shall be reserved for lease to moderate income families. (b) Not less than ten (10%) percent of the dwelling units' shall be attached dwetling units reserved for sale to moderate income families. (c) (d) D. Eligibility. Not less than twenty (20%) percent of the dwelling units shall be one-family detached dwelling units reserved for sale to moderate income families. Not less than ten (10%) percent of the unimproved lots therein shall be reserved for sale to moderate income families. -]~,~ In each AHD District, the sale or lease of dwelling units reserved for moderate income families, and the sale of unimproved lots reserved for sale to moderate income families shall be allocated on a priority basis, in the following order: (a) First to eligible applicants employed in the Town of Southold. (b) Second to eligible applicants 'who reside in the Town of Southold, in the order of length of residence in the Town. (c) Third to all other eligible applicants. E. Maximum Sales Price And Monthly Rent. (1) In an AHD District, the maximum initial sales price of a dwelling unit' or unimproved lot reserved for sale to moderate income families shall be as follows: (a) Unimproved. lot containing an area-of 10,000 sq.ft. - $25,000. (b) Attached dwelling unit - $60,060. (2) (c) Single-family detached dwelling unit - $75,000. The maximum initial monthly rent (exclusive of utilities for a dwelling unit reserved for moderate income families in the AHD District shall be as follows: (a) Studio Apartment - $300. (b) One bedroom dwelling unit - $400. (c) Two bedroom dwelling unit - $500. (d) The provisions of this Section 100~56E(2) shall remain in effect as to each dwelling unit for a period of fifteen (15) years from the date of the initial lease thereof. (3) Tl~e maximum sales prices and monthly rents set forth in Section 100- 56 (1) and (2) hereof shall be revised each year on January 31st to conform to the previous year's change in the consumer price index. F. Resale Price of Dwelling Units and Unimproved Lots. (1) Dwelling units in an AHD District reserved for moderate income families may be resold to moderate income families, provided that the maximum resale price does not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such improvements plus reasonable and necessary resale expenses. (2) Unimproved lots in a AHD District reserved for moderate income families may be resold to. moderate income families, provided that the maximum resale price does not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. (3) (4) Where an unimproved lot in an AHD District reserved for moderate income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in Section 100~56F (1) hereof. Notwithstanding the provisions of Section 100~ 56-F (1), (2) and (3) hereof, the Director may authorize the resale of a dwelling unit or unimproved lot reserved for moderate income families at a price in excess of the maximum resale price specified in Section 100-56-F (1), (2) and (3) hereof, under the following conditions: (a) That the owner of such dwelling unit file an application with the Director requesting approval of such resale, setting forth in detail the calculation for the determination of the maximum resale price, the proposed resale price, and sij-ch other information and documentation as the Director shall request. (b) That the portion of th~ resale price in excess of the maximum allowable resale price shall be divided between the resale seller and the Town in the following proportions. Year of Resale Percentage Percentage after purchase to Owner To Town 1st 0 100 2nd 20 80 3rd 40 60 4th 6O 40 5th 80 20 6th 90 10 (c) All money received by the Town pursuant to the provisions of the preceding paragraph (b) shall be deposited in separate accounts and shall be expended only for the purposes of this Article in such manner as shall be determined by the Town Board. Section 100- 57 Administration. A. General Duties of Director. The Director shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate income families in all AHD Districts pursuant to the provisions of this Article. (2) The Director shall promulgate: and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate income families in all AHD Districts; the number thereof -available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; the names and addresses of eligible families desiring to purchase or lease the same, together with a priority llst of such families. The Director shall maintain such other records and documents as shall be required to properly administer the provisions of this Article. 13. Interagency Cooperation. (1) (2) (3) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Director, together with a copy of any agreements and/or covenants relating thereto~ Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Director, together with copies of any agreements and/or covenants relating thereto. Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unim_proved lots' located in an AHD District and reserved for sale or. lease to moderate income families, a copy thereof shall be filed with the Director. C. Procedure. (1} (23 Whenever the Building Inspector receives an application for a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate income families, the Building Inspector shall file a copy thereof with the Director who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as well as Eligibility requirements for families seeking to purchase or lease such dwelling units or lots. No certificate of occupancy may be issued by the Building Inspector until the Director has supplied the Building Inspector with the information provided for in. the preceding paragraph and the Building Inspector determines that the issuance of the certificate of occupancy will'not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in v?olation of the provisions of this Article. (3) The Director shal. I certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate income families. An owner of dwelling uni.ts and unimproved lots in an AHD District which are reserved for sale or lease to moderate income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Director. A violation of the provisions of this paragraph shall constitute grounds for the revocation of a certificate of occupancy. On or before March 31 of each year, the Director shall notify the owner or manager of dwelling un|ts and unimproved lots reserved for moderate income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. The owner or manager of dwelling units and unimproved lots reserved for moderate income families shall certify in writing to the Director on or before May 31 of each year that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate income families is to-be rented, the lease for such unit shall not exceed a term of two (2) years. Section 100= 58 App!,icabi. litY o,f Town Code. All of the Provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article'shall be applicable in the AHD District. 12. Article VI is repealed and a new Article VI is added in its place, to provide as follows: ARTICLE VI Resort Residential (RR) District Section 100-60. Purpose The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where because of the availability of water and/or sewer more intense development may occur consisten~ with the density and character of surrounding lands. Section 100-61. Use regulations. -In an RR District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged~ intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in, and as regulated by Section 100-3lA of the Agricultural-Conservation District. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, and except for the uses set forth in subdivision (5) hereof~ are subjec~ ~o site plan approval by the Planning Board. (1) Any special exception use set forth in, and as regulated by Section 100-Si(B) (1), (6), (7) and (14) of the Agricultural-Conservation District. (2) Marinas ~or the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels ~'r motels, resor~ hotels or motels, conference facilities provided that the follow,nM requirements are me~: 1 0 6 JANUARY 10, 1989 (a) Minimum pa~6el size shall be five (5) acres. (b) The maximum number of gues~ units shall be: one (1) unit per six thousand (6,000) square feet of land withou~ public water or sewer. one (1) unit per four thousand (4,000) square fee~ of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) No lights shall crea~e a glare on adjoining proper~y. (5) Bed and breakfast uses as set forth in and as regulated by Section 100-3lB (15). ~(6) Tourisn camps as regulated by Chapter 88 of the Town Code. ~ Free standing restaurant. C;- Accessory uses. (1) Any accessory use set forth in, and as regulated by Section 100-31C (1) through (7) of the Agricultural-Conservation District. (2) Signs as regulated by Section 100-31C (9) of the Agricultural-Conservation District, and in the case of a hotel, motel resort, tourist camp, country club, beach club, swim club, tennis club, if the building is set back twenty- five (25) feet, one (1) free-standing or ground illuminated sign with a maximum area of eighteen (18) square feet may be permitted at the entrance, set back a minimum of fifteen (15) feet from the street line. (3) Sanitary and laundary facilities. (4) Accessory uses set forth in and as regulated by Section 100-42C(3) of the Hamlet Density District. Section 100-62. Bulk, area and parking requirements. Except as otherwise provided herein, no buildings or premises shall be used and no building or par~ thereof shall be erected or altered in the Residential (RR) District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapCer by reference, with the same force and effecn as if such regulations were sen for6h herein in full. 13. Article VII is repealed and a new Article VII is added in its place, to provide as follows: ARTICLE VII Residential Office (RO) Distric~ Section 100-70. Durpose. To provide a transition area between business areas and low denisty residential developmeng along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. Section 100-71. Use regulations. In a Residential Office (RO) District, .no building or premises' shall be used~ and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or inpart, for any uses except the following: JANUARY 10, 1989 107 A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) Buildings~ structures and uses owned or operated by the Town of Sou~hold, School Districts, Park Districts and Fire Districts. Bo Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, and'subject to site plan approval by the Planning Board~ provided that nog more than one (1) use shall be allowed for each 40,000 square feet of lot are: (1) Special exception uses as seg forth in and regulated by Section 100-3lB (1) through (7) of the Agricultural-Conservation District. (2) Professional offices and business offices. (3) Funeral homes. (4) Bed and Breakfast uses as set forth in and regulated by Section lO0-31B(1) excepg that no site plan approval is required. (5) Libraries, musg~ms or arg galleries. C. Accessory uses, limited ~o the following: (1) Accessory uses as set forth in and regulated by Section 100-31 (1) through (7) of the Agricultural- Conservation District, and subject to the conditions set forth in Section 100-33 vhereof. (2) The following signs, subject to the supplementary sign regulations sev forth in Article XX: (a) One (1) indirectly illuminated nameplate or professional sign nog more than two (2) square feet in area. (bi One (1) real esnage sign~ either single or double-faced, not larger than twelve (12) square feet in size on any one or more lots, advertising the sale or lease of only the premises on which it is maintained, and seg back not less than fifteen (15) feet from any lot line; where acreage or a subdivision has a continuous frontage of five hundred (500) feet or more, said sign may not exceed twenty-four (24) square feet in ~ize. (c) One (1) bulletin board or other announcemen~ or identification sign for uses permitted by Section 100-3lB (3), (4), (5) and (6), no5 more than eighteen (18) square feet in area, located nog less than fifteen (15) feet from any sgreet or lot line. (3) Accessory uses set forth in and regulated by Section 100-42C(3) of the Hamlet Denisty District. Section 100-72. Bulk; area and parking requirements. Ao No building or premises shall be used and no building or parr thereof shal-1 be erected or altered in the Residence- Office (RO) Distric~ unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effecg as if such regulations were set forth herein in full. 14. Article VIII is repealed and a new Article VIII is added in its place, to provide as follows: ARTICLE VIII Limited Business (LB) District Section 100-80. Purpose. The purpose of the Limited Business District (LB) is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generase low amounts of traffic and be designed to protect the residential and rural character of the area. Section 100-81. Use regulations. In the LB district, no building shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. (1) Any permitted use as set forth in and regulated by Section 100-3lA of the Agricultural-Conservation District. (2) The following uses are permitted uses subject site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic charac6er of the surrounding area limited to the following: (i) Antique, art and craft shops and galleries. (ii) Custom workshops and machine shops. (J~) Wholesale or retail sale and accessory storage and display of garden materials, and plants, including nursery operations, provided that the outdoor storage or display of planes and maverial does not obstruc5 pedestrian flow or vehicular traffic and does not occur within three (3) feet of property line. (iv) Libraries or museums. (b) Professional and business offices. (c) Funeral Homes. (d) Restau~anvs, except drive-in restaurants. (e) Personal service stores and shops, including barber shop, beauty parlor, professional studios and travel agency. (f) Repair shops for household, business or personal ,appliances, including cabinet shops, carpenter shops~ electrical sh~ps, plumbing shops, - furniture repair shops and bicycle and motorcycle shops, landscaping and other service bus].ness. JANUARY 10, 1989 1 0 9 (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, and except for Bed and Breakfast uses are subject to site plan approval by the Planning Board. (1) Any special exception use as set forth in and regulated by Section 100-3lB of the Agricultural- Conservation District. C. Accessory uses, limited to the following uses: (1) Any accessory use as set forth in and regulated by Section 100-31C (1) through (8) of the Agricultural- Conservation District, and subject to the conditions set forth in Section 100-33 thereof. (2) Signs subject to the following requirements. (a) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one sign, single or double-faced, not more than eighteen (18) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence, and the upper edge of which shall not extend more than fifteen (15) feet above the ground~ which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (b) Wall signs. One sign attached to or incorporated in each building wall on a public street and advertising only the business conducted in such building, provided that such sign does not: (i) (ii) (iii (iv) Exceed one (1) square foot in total area for each horizontal foot of such wall. Exceed in width one hundred (100%) percent of the horizontal measurement of such wall. Exceed three (3) feet in height. Project more than one (1) foot from such wall. Section 100-82. Bulk, area and parking requirements. Excepn as o5herw].se provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms, with the Bulk Schedule and Parking and Loading Schedules incorporated inso this chapter by reference, with the same Force and effect as if such regulations were set ~orth herein in Full. 1 1 0 JANUARY 10, 1989 15. Article IX is repealed and a new Article IX is added in its place, to provide as follows: ARTICLE IX Hamlet Business (HB) District Section 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semi-public uses, as well as hotel and motel and multi-family residential development that will suppor~ and enhance the retail development and provide a focus for the hamlet area. Section 100-91. Use regulations. In an HB District~ no bui'lding or premises shall be used~ and no building or part of a building shall be erected or altered which is arranged~ intended or designed to be used~ in whole or in part, for any uses except the following: A. Permitted uses. (1) Any permitted use set forth in and regulated by Section 100-3lA (i) and (3) of the Agricultural- Conservation District. (2 Any permitted uses as set forth in and as regulated by Section 100-42A (2) of the Hamlev Residential District. (3 Boarding houses and tourist homes. (4 Business, professional and governmental offices. (5 Banks and financial institutions. (6 Retail stores. (7 Restaurants, excluding drive-in restaurants. (8) Bakeshops (for on-premises revail sale). (9) Personal service stores and shops, including barber shop~ beaut~ parlor, professional studios~ and travel agency. (10) Art~ antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditorium or meeting hall. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18)' Laundromat. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided~ subject to site plan approval by the Planning Board. (1) Any special exception use set forth in and as regulated by Section lO0-31B (3) to (6) and (15) of the Agricultural-Conservation District. 2) Multiple dwellings and townhouses. 3) Motel and hotel uses as set forth in and regulated by Section lO0-61B (4) of the Resort Residential B District, except that minimum lot size shall be one (1) acre. 4) Apartments may be permitted over retail stores, subject to the following requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety- related elemenss of every such apartment. No apartment shall be permitted over filling stations~ stores retailing flammable or fume- producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat, or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall no5 be located on the firs5 floor of the building and the apartmen5 shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. (c) There shall be no more than three (3) apartments creased or maintained in any single building. (d) Each apartment, or common hallway servicing 5wo or three aparsments shall have a separate access to the outside of the building, which must be distinct fram the access 5o uses on the first floor. (e) Each apartment shall have at leas5 one (1) on-site off-street parking space meeting the standards of this chapter~ conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals .shall require that such applicant execute such agreements, consracts, easements, covenant~, deed restrictions or other legal instruments running in favor of the Town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary ~o insure that: The apartment, or any proprietary or -. other in~erest therein, will not be sold to the tq~an~ or any other party, excepm as part ~f a sale of the entire building in which the apartment is located. 1 12 JANUARY (ii) The apartment is made available for year-round rental. (iii) The apartment is properly consgructed, maintained and used, and unapproved uses are excluded therefrom. (iv) Any other condition deemed reasonable and necessary to insure the immediage and long-term success of the apartment in helping to meet identified housing needs in the communlgy is complied with. (5) Bed and breakfast enterprises or boarding and/or tourist home as set forth and regulated by Section 100-$1B (3) of the Resort Residential A District. (6) Fraternal or social institutional offices or meeging hall. (7) Drinking establishments. (8) Public Garage. (9) Funeral Home. C. Accessory Uses. (1) Accessory uses as seg forth in and regulated by Section 100-31C (1) through (7) of the Agricultural- Conservation District, and subjecg go the conditions seg forth in Section 100-$$ thereof. (2) Signs as seg forth in Section 100-81C (2) of the Limited Business District. (3) Directional or informagional signs, nog exceeding two (2) square feet~ which the Planning Board finds to be necessary 5o facilitate circulation throughout the district. Section 100-92. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effecg as if such regulations were set forth herein in full. Section 100-93. Uses confined to enclosed buildings. Ail uses permitted in an HB District~ including the display and sale of merchandise and the sgorage of all property, except living plants~ shrubs or trees, shall be confined to fully enclosed buildings on the premises. JANUARY 10, 1989 113 16. Article X is repealed and a new Article X is added in its place, to provide as follows: ARTICLE X General Business (B) Distric~ Section 100-100. Purpose The purpose of the General Buisness (B) District is to provide for re,ail and wholesale commercial developmen~ and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land, and that may involve characteristics such as heavy trucking and noise. Section 100-101. Use regulations. In the (B) District, no building or premises shall be used, and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used~ in whole or in part, for any uses except the following: A. Permitted uses. (1) Any permitted use se~ forth in and regulated by Section 100-3lA (2) and (3) of the Agriculture Conservation District. (2) Any permitted use set forth in and regulated by Section 100-9lA (3) to (18) of the Hamlet Business District. (3) Wholesale businesses, warehouses, and building material storage and sale, but excluding storage of coal, coke, fnel oil or junk. (4) Building, electrical and plumbing con%factors' businesses or yards. ($) Cold storage plants, baking and other food processing and packaging plants that are no~ offensive, obnoxious, or detrimental 50 neighboring uses by reason of dust~ smoke, vibration, noise, odor or effluens. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants including nursery operations, provided that the outdoor storage or display of plants and material does no~ obstruc~ pedestrian fl0w or vehicular traffic and does no~ occur within three (3) feet of the property line. (7) Wholesale/retail.beverage distribution. (8) Funeral homes. (9) Trhgn or bus stations. (10) Telephone exchanges. Bo Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planni~ Board. -, (1) Any special exception use as set forth in and regulated by Section 100-3lB (2) to (13) of the I 1 4 JANUARY '10, 1989 Agricultural-Conservation District. (2) Hotel or motel uses as set forth in and regulated by Section 100-6lB (4) of the Resort Residential (RR) District~ except that minimum lot size shall be one (1) acre. (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by Section lO0-31B (15) of the Agricultural- Conservation District~ except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88 of the Town Code. (5) Research design or development laboratories~provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities including~ but not limited ~o, tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls~ billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms~ eating and drinking facilities, and retail sale of goods associated with the particular activity. (7) Laundry or dry cleaning plant subject ~o the following conditions; (a) Ail processes and storage shall be carried on within an enclosed building. (b) Ail fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social instutional office or meeting hall (non-profit). (9) Fast food restaurants~ provided that eating on the premises of the fast food restauran~ shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structur_e and where minimum lot size for a free-standing structure is forty thousand (40,000) square feet. (10) Drinking establishments. (11) Automobile laundry. (12) Public garages, gasoline service statmons, new and used motor vehicle lots, vehicle sales and rental~ including the sale of recreation vehicles and trailers and boa~ sales, with accessory repair facilities all subjec~ ~o the following requiremenss: (a) Entrance and exit driveway~ shall have an unresvricted width of not less tha~ twelve (12) feet and not more than thirty (30) feet and shall be located not less than sen (10) feet from any property line, and shall be so laid out as to avoid the necessity of any yehicle backin~ ou~ aUross any ~ublic.~ight-of-way. b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than than thirty-five (35) feet from any property line other than the street line. f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property ii. ne. g) Outdoor area lightin~ shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. Ail outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. (h) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library~ hospital, orphanage or a rest home. (13) Partial self-service gasoline service stations, subject to all of_the provisions of Section 100- 10lB (12) herein, and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified a~tendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at mo time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever~ including when he is operating the ..dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing &quipmenv thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the -- operation of ~aid remo5e dispensing equipment. 1 1 6 JANUARY 10, 1989 (d) The self-service pump island shall have controls on all pumps that wii1 permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. e) The self-service pump island shall be protected by an automatic fire pro~ection system in the form of an approved system of dry powder release which will acv as an automatic fire extinguisher. f) No customer shall be permitted ~o dispense gasoline unless he shall possess a valid motor vehicle operasor's license. g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service including garage and maintenance facilities. C. Acccessory uses. (1) Accessory uses set forth in and as regulated by Section 100-31C (1) through (8) of the Agricultural- Conservation District~ subjec5 5o the conditions se~ forth in Section 100-33 thereof. (2) Wall signs as set forth and regulated insubsection C (2) (b) of the Limited Business District Section 100-81. (3) Free-standing or ground signs. Where the building is set back twenty-five (25) feet or more from ~he street, one (1) sign, single or double-faced not more than twenty-four (24) square feet, the lower edge of which shall be no5 less than four (4) feet above the ground unless attached to a wall or fence and the upper edge of which shall nov ex~end more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back no~ less than fifteen (15) feet from all streev and proper~y lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous proper~y in common ownership. (4) Open storage of mate{ials or equipment provided that such storage shall be (1) at least twenty-~ive (25) feet from any lot line, (2) not be more than six (6) feet high, and (3) be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. Section 100-10Z. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the (B) District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorpora%ed into this chap%er by reference, with the same force and effec~ as if such regulation were. se5 forth herein in full. JANUARY 10, 1989 117 17. Article XI is repealed and a new A~icle XI is added in its place to provide as follows: ARTICLE XI Marine I (MI) District Section 100-110. Purpose To provide a waterfront location for a limited range of water dependent and water related uses which are those uses which require or benefit from direct access to~ or location in marine or tidal waters but which are located within the Town's tidal creeks or natural coves. Section 100-111. Use Regulations. In an MI District, no bulding or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) (2) (3) (4) (5) (6) One (1) One-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this local law. Marinas for the docking, mooring and accommodatio of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marinas. Boat docks, slips, piers or wharves for pleasure or fishing trips or for vessels engaged in fishery or shellfishery. Boat yard for building, storing, repairing~ renting, selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipmen5 or products~ dockside facilities for dispensing of fuel and where pumpou5 stations are provided, ressroom and laundry facilities 50 serve overnight patrons. Boat and marine engine repair and sales and display, yacht broker, marine insurance broker. Buildings, structures and uses owned or operated by the Town of $outhold, School Districts~ Park Districts and Fire Districts. (7) Retail sale or rental of fishing, diving, bathing supplies and equipmen~ if accessory to marina or boat yard of ships loft or chandlery. B. Use~ permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Boar.d of Appeals, as hereJnafte~ provided, subjecn to site plaH approval by the Plannin~ Board. (1) (2) Beach Club, yacht club or boa5 club including uses accessory ~o them such as swimming pools, tennis courn~ and racquetball facilisies. Mariculture or aquaculture operations or research and developmens. 1 1 8 JANUARY 10, 1989 C. Accessory uses, limited ~o the following: (1) Accessory uses as set forth in and regulated by Section 100-31C (1) through (?) of the Agricultural- Conservation District, and subject to the conditions of Section 100-33 thereof. (2) Signs, as set forth in and regulated by Section 100-81C (2) of Limited Business District. Section 100-112. Bulk, area and parking requirements. No building shall be used and no building or part thereof shall be erected or altered in the MI district unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, by reference, with the same force and effec~ if such regulations were set forth herein in full, 17A. Article XII Board of Appeals) is renumbered Article XXVII and a new Article XII is added in its place, to provide as follows: Marine II (MII) Distric~ Section 100-120. Purpose. To provide a waterfront location for a wide range of water dependent and water related uses which are those uses which require or benefit from direct access to, or location in marine or tidal wasers and which in general are located on major waterways, open bayfronts or the Long Island Sound. Section 100-121. Use Rdgulations. In an MII District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following~ (one use per eighty-thousand (80,000) square feet of land above mean high water, unless otherwise specified): A. Permitted uses. (1 One (1) family detached dwelling per single and separate lot of record in existence as of the date of adoption of this local law. (2 Marinas for the docking, mooring and accommodation_of recreational or commencial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3 Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4 Beach club, yacht club or boat club including uses accessory to them such as swimming pools, tennis courts, racquetball facilities. (5 Boat yard for building, storing, repairing, renting~ selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and where pumpout stations are 'provided, restro0m and laundry facilities ~o serve overnight ~%trons. (6) Mariculthre or aquaculture operations or research and development. (7) ($~ (9) JANUARY 10, 1989 119 Boat and marine engine repair and sales and display, yacht broker, marine insurance broker. Buildings, structures and uses owned or operated by the Town of Southold, School Distric~s~ Park Districts and Fire Districts. Retail sale or. rental of fishing, diving~ bathing supplies and equipment if accessory to marine or boat yard of ships loft or chandlery. Uses permitted by special except~n by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals~ as hereinafter provided, subject to site plan approval by the Planning Board. (1 Restaurants excluding outdoor counter service, drive-ins or curb service establishmenss. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. (2 Ferry terminal. Transient hotels or motels subject to the following conditions. (a) The minimum area for such use shall be not less than three (3) acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by, (1) the proportion of the site utilized for such use, and (2) the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four thousand (4,000) square fee5 of land with public water and sewer. (4) Fish processing plant. ($) Fish market which may include a combination of wholesale and retail sale of finfish and shellfish (6) Museum with nautical theme or art gallery. C. Accessory uses, limited to the following: (1) Accessory uses as se~ forth in and regulated by Section 100-31C (1) through (7) of the Agricultural-Conservation District, and subject to the conditions of Section 100-33 thereof. (2) Signs, as set forth in and regulated by Section 100-81C (2) of Limited Business District. Section 100-122. Bulk, area and parking requirements. No building shall be used and no building or part thereof shall be erected or altered in the MII district unless the same conforms with the Bulk Schedule and Parking and goad~ng Schedules incorporated into this chapter, by reference, with the same force and effect if such regulations were se~ forth herein in full. 18. Article XIII is repealed and a new Article XIII is added in its place, to provide as follows: ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) Distric5 Section 100-130. Purpose. Th, purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are no5 appropriate for commercial activity or low density residential development. In this area such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area, adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground and surface waters. All uses must conform to Suffolk County Health Department standards. Section 100-131. Use regulations. In an LIO District, no building or premises shall be used, and no building or par5 of a building shall be erected or altered which is arranged, intended or designed 5o be used, ~n whole or in part, for any purpose except the following: A. Permitted uses. (1 Any permitted uses set forth in, and as regulated by Section lO0-31A (2) and (3) of the Agricultural- Conservation District. (2 Any permitted uses set forth in and as regulated by Section iO0-101A (3) 50 ($) of the General Business Districs. (3 Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publicatzon, financial and sales offices. (4 Telephone exchanges. Buildings, structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districss. ~ Be Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board. (1) Any special exception use se5 forth in and as regulated by Section 100-101 B (5), (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshaping, reworkin~ assembly or combining of products From previously prepared materials and which do not involve the synthesis of chemical or chemical products oBher than for pharmaceutical or research purposes or the processing oF any raw materials excep5 agricultural raw maserials. Such uses may include industrial operations such as electronic, machine par~s and small componen5 assembly,.~ as opposed t9 heavy industrial operation~ such as automobile assembly or ~illin~ activities and will be subjec5 to the following conditions: (a) No such process or operation shall involve the handling~ storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be in3urious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (3) Conference facilities subject to the following conditions: (a) Where rooms are provided for conference attendees~ they should be permitted at the same number per acre as hotel/motel guest units set forth in and regulated by Section 100-6lB (6) of the Resort Residential. (4) Public -utility structures and uses. ($) Printing or publishing plants. (6 (7 (8 (9 (10 Truck or bus terminals (garages, parking facilities, loading docks, etc.). Food processing and packaging plants (not including fish processing plants). Wholesale and retail sales and repair of boats and marine items. Boat building; boat servicing; boat storage facilities. Restaurants. 11) Sauerkraut manufacturing plant. 12) Basic Utility Stage II airpor5, subject to the following condition: (a) Minimum parcel size shall be 100 acres. 13) Bed and Breakfast uses as set forth in and as regulated by Section 100-3lB (15), provided that no site plan is required. Accessory uses: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving separate business. (2) Wall signs as set forth in and regulated by Section 100-$1.C (2) (b) of the Limited Business District, limite~ to a maximum size of thirty (30) square fee~ in area. (3) Freestanding or ground signs as se~ forth in and regulated by Section iO0-101C [3) of the General Business District. (4) Fully enclosed storage facilities incidental to the principal use, ($) Open storage as set forth in and regulated by Section 100-10lC (4) of the General Business District. (6) Indoor and outdoor recreations facilities for the exclusive use of executives and employees of the principal use~ and their families. (7) In-service training schools for employees of the principal use. (8) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. (9) Central heating and power plants accessory to the principal use and the service of all structure~ on the premises. (10) Maintenance and utility shops incidental to the principal use. (11) Off-street parking and loading. Said areas shall mot be nearer than fifty (50) feet to to any lot line or street, and if generally adjacent ~o any stree~ or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. Section 100-152. Bulk, area and parking requiremen[s. No building or premises shall be used and no building--~ or par~ thereof shall be erected or altered in the LIO Light Industrial Park/Planned Office Part Distri~ unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 19. Article XIV (Adminsitration and Envorcemen~) is renumbered Article IIVIII and a new Article SIV is added in its place, to prov'ide as follows: ARTICLE XIV Light Industrial (LI) District Section 100-140. Purpose. The purpose of the Light Office (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/ Planned Office Park District. Section 100-141. Use regulations. In an LI District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose excep~ the following: A. Permitted uses. (1) Any permitted uses set forth in and as regulated by Section 100-3lA (2) and (3) of the Agricultural- Conservation District. (2) Any permitted uses se~:forth in and as regulated by Section lO0-131A (2) to (5) of the Light Industrial Park/Planned Office Park District 131. JANUARY 10, 1989 123 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception of the Board of Appeals, as hereinafter provided and subject to site plan approval by the Planning Board. (1) Any special exception use set forth in and as regulated by Section lO0-131B (1) to (11) of the Light Industrial Park/Planned Office Park District. (2) Bed and Breakfast uses as set forth in and as regulated by Section 100-3lB (15), provided that no site plan approval is required. C. Accessory uses. 1) Accessory uses on the same lot with and cusvomarily incidental to any permitted or special exception use and not involving a separate business. 2) Wall signs as set forth in and as regulated by Section 100-81C (2) (b) of the Limited Business District, limited to a maximum of thirty (30) square feet in area. 3) Freestanding or ground signs as set forth in and as regulated by Section 100-101 C (3) of the General Business District. (4) Accessory uses as set forth in and as regulated by Section. 100-131C (3) and (7) through (t0) of the Light Industrial Park/Planned Office Park District. Section 100-142. Bulk area and parking requiremenvs. No building or premises shall be used and no building or park theredf shall be erected or altered in the LI Light Industrial District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules ~ncorporated into this chapser, by reference~ with the same force and effect as if such regulations were set forth herein in full. 20. Article XV (Amendments) is renumbered Article XXIX, and a new Article XV is added in its place to provide as follows: ARTICLE XV Density, Minimum Lot Size and Bulk~Schedules Section 100-150. Existing Bulk and Parking Schedule. The existing "Bulk and Parking Schedule" incorporated into this chapter by reference is hereby repealed, and the Density~ Minimum Lot Size and Bulk Schedules. Section 100-151. Density, Minimum Lot Size~ and Bulk Schedules. Except as otherwise provided in this chapter~ no building or premises shall be used or occupied and no building or structure or part thereof shall be erected or altered in a use district unless the same conforms with the Denisty and Minimum Lot Size Schedules and the Bulk Schedules hereinafter se~ forth. JANUARY 10. 1989. 1 2 5 21. Chapter 100 is amended by adding a new Article thereto, to be Article XVIII, to provide as follows: ARTICLE XVIII Cluster Developmenv Section 100-180. Purpose. The purpose of this provision is to encourage flexibility and innovation mn the design of residential development that cannot be achieved on many sites through adherence to traditional zonmng and subdivision regulations. Further, the application of the cluster developmenv technique is intended to achieve: A. Maximum reasonable conservation of land and protection of groundwater supply and groundwater recharge areas. Preservation of agricultural activity by encouragmng retention of large continuous areas of agricultural use. Variety in type and cost of residential developmen~ thus increasing the choice of housing types available to Town residents. Preservation of trees and outstanding natural features, prevention of soil erosion, creation of usable open space and recreation areas and preservation of scenmc qualities of open space. A shorter network of streets and utilities and more efficient use of energy than would be possible through strict application of standard zoning. Section 100-181. Applicability. Ae On lots of ten (10) or more acres in the Agricultural- Conservation~ the R-40 and R-80 Districts and the Low Density Residential R-120, R-200 and R-400 Districts, clustering will be required, subject ~o the followzng conditions: (1) The residential use will be single family detached homes for lot sizes of 30,000 square feet or larger; and detached or attached houses for lot sizes less than 30~000 square feet. (2) The density of these homes will be as specified in the particular diJ%ric% and determined as indicated in subsection C below. (3) %he minimum lot size shall be: a. without public and sewer 30,000 square feet b. with public wa~er 20~000 square feet c. with public water and sewer 10,000 square feet Bo In the ,Low Density Residential Districts, to wit: ~he A-C Agricultural Conservation~ R-80, R-120~ R-200 and R-400 Districts, clustering is permitted and may be mandated by the Planning Boar~ in the exercise.of discretion~ without the requirement that the owner make written application for the use of such procedure. C. Determination of density and zoning modifications. (1) An application for cluster development shall include a map or maps for showing the proposed cluster design or designs offered for consideration by the Planning Board, together with a map which shall be prepared for consideration as a standard subdivision conforming to all requirements of the Zoning Code and subdivision regulations of the Town of Southold. (z) The total building lot yield of the standard subdivision shall be used to determmne the yield in the number of building lots which the Planning Board may grant in a clusmer development. A cluster development design may be prepared for any contiguously owned holdings, whether or not they are separated by an existing street offering direct access to such holdings. In all other cases, the holdings shall be considered as separate parcels. (3) In a cluster development, lot area, width, depth, fron5 yard, rear yard and side yards may be reduced ~o less than the minimum requirements set forth in the Bulk Schedule, provided that such. modification or changes shall no5 result in a greater average density or coverage of dwelling units than is permitted in the zoning district wherein the land lies. The area of a cluster development shall be in single ownership or under unified control. Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XXV of this chapter and the following conditions: (1) Said site plan shall include areas within which structures may be located~ the height and spacing of buildings, the location of open spaces and their landscaping, off-street open and enclosed (if any) parking spaces, and streets, trails~ site easements and recreation facilities, driveways and any other physical features relevan5 to the proposed plan and determined to be necessary by the Planning Board. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. Nothing contained in this chapter shall relieve the owner or his agen~ or the developer of a proposed developmen~ from receiving final plat approval in accordance with the Town subdivision regulations. In approving the final p}at for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as se5 forth in the Town's rules governiug subdivision review, provided that the common land dedicated meets all other requirements of the Town subdivision regulations. Common Areas. (1) The Planning Board shall establish such conditions on the ownership, use, and mainenance of common . areas, including o~en space, as it deems necessary to' assure the pres~:Fvation of such areas for their intended purpose. Common areas and/or open space may either be retained by a condominium corporation 130 I JANUARY 10, 1989 or it may be deeded to a homeowner or homes association comprised of the residents of the sub- division and reserved for their use or other mechanism acceptable to the Town Board and the Town Attorney. Said common areas may be used for agricultural ~se, for passive recreational uses, for visual amenity and/or nature study, or for necessary accessory uses such as parking. (2) A cluster development shall be organized as one of the following: a condominium corporation; a Homes or a Homeowners Association approved by the Federal Housing Administration for mortgage mnsurance as a planned Unit Development~ and the Town Board; a Homes Association approved by the Town Attorney and Town Board; or any other arrangements approved by the town Attorney and Town Board as satisfying the intent of this chapter. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the Articles of Incorporation and the Charter and bylaws of said Homes Association and any amendments or revisions thereof; and to require whatever conditions deemed necessary to ensure that the inten5 and purpose of this chapter are carried out in consideration of said approval, the Town Board shall~ in part, require the cluster developmen~ to meet the following conditions: (a) A Homes Association shall be essablished as a not-for-profit corporation opera%img under recorded land agreements through which each lot owner~ and any succeeding owner according to the deed to each unit, is automatically a member, and each lot is auvomatically subjec~ to a charge for a proportionate share of the expenses for the organization's activities including real property taxes and the maintenance of the common land and facilities. Each lot shall be subject to a lien in the event of non-paymen~ by the owner thereof of his proportionate share of the expenses for the association. (b) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time. __ -- (c) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoymen5 of the common property. (d) Once established and title to the common land is conveyed to the Homes Association, all responsi- bility for operation and maintenance of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the final plat ~ and/or by referu~e cn that plat to a dedication in a separately record¢ck document. Regubdivis~on of such areas is prohibited. The dedication shall: (1) Save the title to the common property to the Homes Association free of any cloud of implied public dedication. (2) Commit the developer to convey the areas to t. he Homes Association at a~ approved time. JANUARY (3) Grant easement of enjoyment over the area to the lot owners, subjec~ to restrictions as shall be imposed by recorded restrictive covenants. (4).Give to the Homes Association the right to borrow for improvements upon the security of the common areas. (5) Grant to the Homes Association the right vo suspend membership rights for nonpayment of assessments or infraction of established rules. Covenants shall be established, limiting all lots to one-family use and all common lands go open space uses approved by the Town Board. No structures may be erected on such common lands excep~ as shown on the approved si~e plan and approved by the Town Board. Such deed restrictic or covenant shall specifically prohibit any development for other than open space or agricultural use on the specified open land and/or conservation area. Each deed ~o each lot sold shall include by reference all recorded declarations and other restrictions including assessmen%s and the provision for liens for nonpayment of such. The Homes Association shall be perpetual. It shall purchase insurance, pay taxes~ specify in its charter and bylaws an annual homeowner's fee, make provision for assessments and provide that all such charges become a lien on each lot in favor of said Association. The Association shall have the right to proceed in accordance with alt necessary legal action for the foreclosure and enforcement of liens~ and it shall also have the right to commence action against any member for the collection of any unpaid assessmen5 in any courn of compesen> jurisdiction. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold, a~ which time the Homes Association shall be automatically established by the developer a~ the developer's expense~ and title to the common area conveyed by the dev~oper to the Homes Association. L. Prior to plat approval, the developer shall file a performance bond with the Town Board to ensure the ~proper installation of all required improvements, including recreatio~ improvements, and a maintenance bond to ensure the proper maintenance of alt common lands until the Homes Association is established and title ~o the common lands conveyed to the Homes Association. The amount and germs of said bonds, and the form, sufficiency, manner of execution and sufficiency of the surety shall be approved by the Town Board and the Town Attorney. M. The certificate of ingorporation of the organization and its by-laws shall con~ain the following provzsions and notice of said provisions shall be specifically given in any ~rochure or prospectus i'ssued by the developer namely: · (1) That such organization is established to own and maintain common open space of common elemenss and that if such organization, or any successor organization, shall a5 any time after title to such common land and bther common elements is conveyed 5o it '' skall fail to maintain the common open space and and other common e~%ments in reasonable order and condition in accordance with the plan p~oposed, the 132 JANUARY 10, 1989 the Town Board may cause a written notice to be served by certified mail upon such organization, at its address as shown upon the last completed town assessment roll, or in the same manner upon the owners of the lots in such subdivision at their address as shown upon-the last completed assessment roll, which such notice shall set forth {a) the particulars in which the common open space and other common elements have not been ~maintained in reasonable order and condition; (b) a demand that such deficiencies in maintenance be remedied within thirty (30) days from the date of such notice; (c) that upon the failure to remedy such default in maintenance, within the time specified, that the Town Board will hold a hearing upon the matter upon not less than five (5) days' notice in writing sent by certified mail to such organization or to such lot owners; (d) that after such hearing~ the Town Board may take such action as it deems appropriate to provide for the proper maintenance of such common open space and common elements, and that any and all costs and expenses incurred by the Town for such purposes may be assessed upon all df the lots in such subdivision and be collected in the same manner and at the same time as real property taxes are collected in the Town of Southold. The Town Board~ in order to ensure that the open space will.be used for its intended purposes, shall have the continuing right to impose building controls and restrictions on the use and maintenance of the common open space lands. 22. Chapter 100 is amended by adding a new Article thereto, to be Article XIX to provide as follows: ARTICLE XIX Parking and Loading Area Section 100-190. Purpose Regulations for off-street parking and truck loading areas are imposed in order 5o minimize ~raffic congestion, air pollution, the risk of mouor vehicle and pedestrianaccidents and to address aesthetic considerations. Section 100-191. Off-street parking areas. 0ff-ssree5 parking spaces, open or enclosed~ are permitted accessory to any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use. For those uses not specified in the schedule, there shall be a periodic monitoring of off-street parking conditions to ensure that the purpose of this article is satisfied. In addition, the Planning Board may waive all or a portion of these requirements within the Hamlet Business Distric~ where it shall find tha5 municTpal parking facilities within three hundred (300) feet of the proposed use will adequately serve the proposed use. TYPE OF USE Accessory apartment in existing one-family dwelling Antique shop, auction gallery, arts and crafts shop and workshop Apartment over store Auditorium, meeting 'halt Automobile laundry Bank Beach club or swim club Bed and breakfast enterprise Boarding house, tourist house Boat and marine engine repair and sales, if separave from marina Boatyard, including boat sales and renvals Bowling Lane B~ulding, electrical or plumbing convractor's business or yard Cold storage plant C~llege Conference facilities Drinking establishmenvs Fish market, including wholesale and revail sale of finfish and/or shellfish Food process~.ng and packaging, including fish processVng Fravernal or social office or meeting hall Funeral home One per accessory apartment in addition to two for one family dwell One per 250 square feet of sales area One per apartment in addition to business requirements. One per 50 square feet of seating area but nov less than one per four sears where provided. One per employee plus a ten space queuing line area for each laundry bay. Ten spaces or one space for each 100 square feet of gross floor area or three spaces per teller, whichever is greavest plus a five space queuinf area for each drive-in teller. Two spaces per three members. One space per guesv room in addition to residential requirements. One space per guest room in addition to residential requirements. One space per 250 square feet of gross floor area. Sales and rental portion, three space in.addition to marina requirements. At leas~ four spaces per lane. One space for each employee plus two spaces. Three spaces or one per 800 square fee5 of gross floor area. · 5 spaces per student plus .75 spaces per staff member. One space per four sears in the larges~ assembly hall or meeting area plus one space for each four sears in classroom facilities. One space per three sears or one space per 100 square feet of floor space, whichever is greater. One space per 200 square feet of gross floor area. · 75 spaces per employee or one space per 500 square feec of gross floor area, whichever is greaver. See office. One space for each three seats provid, herein or one space for each 100 squa feet of space available for public us~ whichever is'greaser with minimum of 25 spaces. 134 JANUARY 10, 1989 Gasoline service station, partial self-service Gasoline service station with minor indoor repair facility Greenhouse, floral shop, flower shop, nursery, or similar facilities either enclosed or unenclosed Home occupation, including home professional office, except physician or dentist Hospital Hotel_. motel, resort and %ransienv Inservice training facilities for employees Laundry plant, dry cleaning plant Laundromat Library, museum, art gallery Light industrial uses Maricuiture/aquaculture business Marina Membership club, country club, golf club or golf course public, tennis club Motor vehicle, mobile home sales room or outdoor sales lot including 'rental of equipmen5 Multiple dwelling families) three or more Nursing home,proprietary resv home Office: business, governmental and professional except physicians or dentists Office: for physician or dentist One-family detached dwelling Personal service shop: barbershop, beauty parlor Philanthropic, eleemosynary or religious institution Three space queuing area for each pump plus one space fop each employee. Same as gasoline service station above plus two for each bay. One space per employee plus three spaces or one space per 200 square feet of sales and/or display area whichever is greater. Three spaces per home occupation plus two spaces required for single family residence. One space for each bed. One space for each guest room and one for each employee or one space per guest room, whichever is greater~ plus accessory use as required. See conference facilities. One per employee plus one per 200 square feet of customer service area. · 75 per washing machine. See auditorium One per employee or one per 500 ~quarc feet of floor area, whichever is greater. See light industrial. One space per boat slip, mooring, dock space or similar unit of capacity, plus one space per employee. At least one for each 5wo members or accommodations (such as lockers), whichever is greater, plus one for each employee. One per each 600 square feet of showroom and sales lot area plus one per employee. Studio 1.5 per dwelling unit 1 bedroom 1.5 per dwell~ngunit 2 bedroom 2.0 per dwelling unit; .2~ spaces are required for each~bedroom in excess of the first two bedroonk~. One for each bed. One per 100 square feet of office floor area. Five spaces per physician or dentist. Two spaces per dwelling. 2.5 spaces per serve.ce chair. One space per bed. Place of worship Printing or publishing plant Professional studio, travel agency Recreational facility, fully enclosed, commercial Repair garage Repair shop for household, business, ~ _ or personal appliances Research design or development laboratory Restaurant, drive-in, curb service or fast food Restaurant (except drive-in) Retail sale or rental of fishing~ diving or bathing supplies or equipmeng; ship's loft or chandlery Retail shop or store (other than those listed herein) Roadside farm sgand School, elementary School, secondary Shop for custom work and for making articles to be sold ag retail on the premises Storage yard Theater or cinema, other than outdoor Tourist camp Townhouse ~vo-family detached dwelling Veterinarian and animal hospital Warehouse or storage building ~olesale business, including lumber and other building products See auditorium. See light industrial. See office. One space for each 300 square feet of gross floor area except: cour~ sports--five spaces per court--and rink sports--one space per 200 square feet of rink area. Four spaces per bay plus one space per employee. One space per 200 square feet of customer service area. See light industrial. One space per two seats or one space per 50 square feet of floor space, whichever is greater. One space per three sears or one space per 100 square feet of floor space~ whichever is greater. If separate use, see retail shop; if accessory use, one space for each employee plus two spaces in addition to primary use. At least one per 200 square feet of gross floor area. Minimum of four spaces per stand. Two spaces per classroom plus audisorium requirements. Two spaces per classroom plus one per ten students or auditoriumrequireme~ whichever is greaver. See regail store. One space per employee plus four spaces or one space for each 5,000 square feet of storage area~ whicheve is grea~er. See auditorium One space for each accommodation plus one space for each employee plus three spaces for visitors. See multiple dwelling unit. Three spaces per dwelling. Two spaces per employee or one space per 200 feet of gross floor area, whichever is great, er. One per 1,000 squar~ feeg of'gross floor area. One per 1,000 square feet of gross floor area. 1 3 6 JANUARY 10, ~989 %fnolesale/retail beverage distribution Wholesale/retail nursery and/or sale of plants Yacht club One space per 150 square feet of gross floor area· One space for each 200 square feet of gross floor area for retail use or one space for each employee plus three spaces for wholesale use with min~T~mof four spaces. Same as marina. Areas computed as parkxng spaces. Areas which may be computed as open or enclosed off-stree5 parking spaces include any private tara'ge, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space. Size of spaces. Three hundred fifty (350) square feet shall be considered one parking space (co provide room for standing area and aisles for maneuvering). Aisles .: between rows of parking spaces shall be not less than twenty-two (22) feet wide, unless reduced for sixty (60) degree angle parking~ in which case the aisle space shoulcl be not less than sixteen (16) feet wide. Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be nine (9) feet and the minimim length shall be nineteen (19) feet. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of ac least one (1) fifteen (15) foot lane for parking areas with more than four (4) spaces but less than twenty (20~ spaces, and at least two (2) ten (10) foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty-(50) feet of any street intersection~ nor exceed a grade of six (6) percent within twenty-five (25) feet of any street l~ne nor ten (10) percent at any other point. All points of ingress or egress shall be appropriately signed, unless such signing is considered unnecessary by the Planning Board. Drainage and surfacing. All open parking areas shall be properly drained within the premises and all such areas shall be provided with a dustless surface, except for parking spaces accessory co a one-family or two-family residence. Curbs~ paving~ sidewalks and drainage facilities shall comply With standards established in Town ordinances~ regulations or specifications and shall be approved and constructed under the supervision of ~he Superintendent of Highways or his agent. F. · Joint facilities. Required parking spaces, open or enclosed~ may be provided in spaces designed co serve jointly cwo or more escablishments~ whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total_required for all such establishments. Combined spaces. When an5' lot contains two (2) or more uses having'different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily durin~ periods when the other use or uses is not or are noc in operation, the Planning Board:may reduce the total parking spaces required for that use with the least requirement. JANUARY '10, '1989 1 3 7 Location and ownership. Required accessory parking space~ open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within two hundr'ed (200. feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted~%n such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same owmrship as the use to which they are accessory and shall be subject to deed restrictions approved by the Board~ binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere (unless municipally owned spaces are utilized in accordance with subsection (A) of Section 100-!~ above). Lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot ,may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. Parking regulations in multiple-dwelling or attached- dwelling developments. (1) Wherever ~space is provided for %he parking of five (5) or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. (2) No parking space shall be located in any front yard nor within ten (10) feet of any lot line in side or rear yards. (3) The parking of motor vehicles is prohibited within fifteen (15) feet of any wall or portion thereof of a two or more family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight (8) feet above the level of the said parking space. (4) No service of any kind shall be permitted to be extend~ to users of the lot, including,automobile,service, repair or fueling, and no gasoline, oil, grease or other supplies p~all be stored or sold in any such lot. or in any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the planning Board. ' Generally~ such screening shall not be less than four (4) feet nor more than eight (8) feet in height. Regulations for par~ing spaces adjacent to lots in any residence district. 1) Wherever a,parking area of over five (5) spaces abuts or is within fifteen (1~) feet of the side or rear lot line of a lot in any residence district, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick he,ge, approved by the Pl&nning Board. Generally,such screen shall be not less than four (4) feet nor more than eight (8) feet in height. 1 3 8 JANUARY 10, 1989 2) Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the stree~ and a distance of twenty (2~ fee5 therefrom, such screening co be interrupted only ac points of ingress or egress. Generally, no sudh screening shal~.~e hess than four (4) ~eet nor more than six (6) f~t in height. The open area bergen such screening and the street shall be landscaped in harmony withthe landscape prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an.area of three (~) square feet each. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. Parking for special exception uses Notwithstanding any other provisions of this chapser, the Planning Board may increase the parking requirements for special exception uses by up to one hundred fifty (150%) percent of the minimum parking requirements, if it determines that such additional parking requirements are necessary by reason or,the nature of the use and/or the characteristics of the site. Traffic storage. All uses shall provide sufficient space on the same lot so that any storage lanes for traffic will be provided for and will not obstruct traffic or utilize public rights-of-way. Illumination. Off-street parking areas should be ~ . adequately illuminated for convenience and safety~ but no lighting for parking areas shall cause glare on adjoining properties. Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships~ so as to facilitate the flow of traffic. Supplemental regulations for private garages and off-stree parking areas in residence districts. (1) Commereial vehicles. (a) One commercial vehicle no~ exceeding twenty-five (25) feet in length may be parked on an occupied lot ~n any residence district, but nog within ~he required yards of such lot and in no case between the street line or side lines and ~he prmncipal building. (b) One commercial vehicle not exceeding twenty-five -. (25) feet in length may be parked within a priva~ garage in any residence district. (c) ~ommercial farm vehicles are permitted as accessory to a commercial farm use ~.m any residential district. (2) Trailers and recreation vehicles. The sgorage or parking and use of a travel trailer or a recreation vehicle by any person or persons~ excepv as hereinafter provided, is prohibited in all residential districts, except that: ~JANUARY 10, 1989 i 3 9 a) The keeping b~ storing of one camp-type travel trailer or recreation vehicle is permitted on a premises~ if it is either owned or rented by the occupants of such premises and is not kept for purposes of sale or rental and is used solely for the personal use of such occupants. Such camp-type trav.~l t~ailer or :recreation vehicle shall be secured in place in the rear yard not near. or t,han Fift,een (15) Feel Lo a ~i(I,, or rear lot,~line o~ t,o t.he ~l.t'eeL, and t, he doors thereof ~hal. l he kept, ~oct~r,~l.y locked. (b) Such wdlicl, e may not I)¢: park,rd wit, hin t:en (10) feet of a one ~' two family chvelling ch' fifl,ecn (15) Feel of a multiple d~el I int. 3. Boats. ()n,~ boat, may he parl<,'d iii t.]lc, rear yard of any occupied tot, not; nearer l, han fift, een (1.$) feet, Lo a rear or side l:ine or: to any street. Sect, ion 100-192. ()l'l'-~it...,~l, loading OFf si, reef Inading berths, open or' enclosed, are permit, t;ed accessory to any use. (except om? or two-Fami I.y ,'esi. dentes) , subject tn the Following provisions: Uses for whic:h r~quir, od. Acco.%s,~t.y ofl"-st.ro,;t loading b*'rl, hs shall be provi(led for ;lily [1~o specil'icd b*~low. AIly lalld wJlich i.s dew, lolled as a un i t, unrh,r single own~rshiI) ;lll(I (:onLro l shall bo corlnith'ro(I a sing'l,~ lot. for J,Jlt, i)tll.l)OSO of slit:il loading pequipenlent;s, (1 For a public library, museum or similar quasi-lml) l it: inst. itut, iml, g¢~w'rmn,'nl,;ll Imi Iding, {:ommunil,y c~.nt,pr, llospital or ~anit. at. ium~ nlir'sill~ o1' COllvaL~¢sc~nL Jlornt~ institut, ion For chi].drcn or thc a~,d or school, wit:Il a ffloop area o9 fiw~ t,housand (5,OOO) co Lwcot,y-Fiw~ Lhotxsand (25,000) S(luaro feet, one (1) berth; For' tach additional t, wenl,y-Fiw~ thousand (2~,OOO) square fm,t op fl';lcl, i oll t.h,,roof, ()m' ( I ) add i t, i ,ma I b,'r/,la. (2 For' hui [dings wit, h professional, gr~w2rnment, al or bu,,,in~:ss offices or lahorat, ory establishm(~nt, s, with a Floor of five t, housand (~,O00) t,o t.went, y-l'iw~ thousand (2~,O00) squat,, l',,et,, om~ b,'rt.h; I'~}~. ~';l{'h add i I, iona I t.ws,~ I y ['i w. one huntlr.~d t.hou~and ('leo,oeo) .S(lUar(~ Feet, one ad(lit, i()t~al l)~rl,Jl; For ,'al h a(Idi I i(nlal fi i'1 y I,h(),san(I [ 50.000) (3 For hui I(lings w~t.h offices and ret. ail sales and service t,'sbabl ishmont, s, one hept:l~ For. ffivo thousand [5,OOO) Lo Lwent, y-five i,housand (25.0001 sqt~ar.tx ['ooL of l'.Loor, area and one addicional ber'th-for eact~ addkCional ~wen[y-f5vo thousand ('~;000) sqnare feet of floor, area or' fraction thereof t:o be used. (4 Fop Illlder.t, akors and ,k'tlHOPfl[ homos, one berth Fc) r **;lC:Il chap,~l. 5I.'of hot, els, one I)ol.l,h for oac, h {.we t,hoLtsand five hun(Ired {2,500) squar, o t'eoL: Of floor area. 6) Fop manuf'act.uping, wholosal,, and sl.or';tg'e rises and t"or dr'y cleaning' illld rtl~' cleaning ('st.ablishmcnt. s and laundr, i,.s, one berth for ['ive LJlot~;lnd [5,OO0) t, on thousan(t (IO,OOO) square feee of t'loor ap,,a in such use and O[ltJ adoit;ioua[ ~ , Oer[,n ~or. each addiCiona~ uen thousand (lO,gOO) squar.e Form of floor area or Fpac~Aqn t,herenf so tlSOd. ]'n addigiz-)~, adeClUa¢,, resor.w~(l parking-for wailing t,rtwks prov~ dod. ' Size o1' .spa(',.s. Each uequired loading berl,h shall 1),~ at, It~asL I'il'l.,.,,u 115} i'~.,.t, wid,,. I'ourl,,t.n { 14} l'ct,t, high I'()l'ty-t'ivt, (451 i','~'1, Jorl~, /tll(l in IIi} ~'Vt'lll .%lllitl ]~'1' I,Jlitll 140 JANUARY 10. 1989 Location and access. Unobstructed access at least fifteen (15) feet wide~ to and from a street, shall be provided. Such access may be combined with access to a parking lot. Ail permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in subsection D below. No entrance or exit for any off-street loading area shall be located within fifty (50) feet of any street intersection. No off-street loading berth shall be located in any required front yard. D. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more adjacent establishmenss, provided that the number of required berths in such joint facilities shall ,not be less than the total required for all such facilities. E. Lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the ~ regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such lot may nog be located in any residence distriet unless the-use:to,which they are accessory is permitted in such distric~ or upon the approval of the Board of Appeals. 23. Chapter 100 is amended by adding a new Article thereto, to be Article XX, to provide as follows: ARTICLE XX Signs Section 100-200. Purpose The purpose of this article is to regulate existing.and proposed signs in order to: A. Protect Property values. B. Create a more attractive economic and.business climate. C. Enhance and protect Southold's physical appearance and environment. D. Preserve the historic and architectural heritage of the Town. E. Provide a more enjoyable and pleasing community. F. Reduce sign or advertising distraction and obstructions that may contribute to traffic accidenvs. G. Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way. Section 100-201. Permits required and administrative procedure. A. The provisions of this arti61e shall apply in all districts. B. Excep~ as otherwise provided 5n this chapver~ signs shall not hereafter, be erecved, structurally altered, enlarged~ or moved or reconstructed within the Town unless a permit is obtained from the Building Inspec~on, and payment of the required fee per sign in accordance with the Town of So~thold fee as specified in subsection F below. The following ~wo operatmons shall not be considered creating a new sign and therefore shall not require a new sign permit: Replacing copy. The changing of the advertising or message on an approved sign which is specifically designed for the-use of replaceable copy. 1 Maintenance. Painting, cleanlng and other normal maintenance and rePair of a slgn or a slgn Structure~ unless a structural change is made or there is a change in message. C. Application for a sign permit shall be made on a form provided by the Building Inspector which application shall include: 1. Name, address and telephone number of the applicant. 2. ~Name, address and telephone number of sign maker. 3. Location of building, structure or land to which or upon which the sign is to be erected. 4. Color photo of building upon which sign is to be erected. Size of sign. A description of the'~"construction details of the sign, showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devic 7. Sketches drawn to scale and supporting information indicating location of sign, showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices. The written consent of the owner of the property upon which such sign or signs is or are to be erected and maintained. In addition, such sign application shall be accompanied by a fee as established by the Town Board of the Town of Southold. Such other pertinent information as the Building Inspector may require to insure compliance with this ~.Article. D. The Building Inspector shall review the proposed sign with respect to all quantitive factors. The Planning Board may approve signs which differ from the quantitative requirements set forth in this Article, provided that a finding is made that said sign or signs conform to the general design principles outlined in Section 100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in Section 100-203 herein. E. After approval or'approval with conditions by the Planning Board~ the Building Inspector shall issue a permit in accordance with all applicable requirements. F. No sign permit shall be issued prior to payment of a fee .of twenty-five ($0.25) cents per square foot of sign area, but in no event shall such fee be less than five ($5.00) dollars. Section 100-202. General design principles applying to signs. Al Sign~_should be a~ subordinate part of the streetscape. B.. Signs should be as small as practicable. c. Signs should be as Close to the ground as po~sible~ consistent with required safety and legibility considerations. D. A sign.should have an appropriate size relationship to the building upon which~Rt is placed. E. Whenever feasible, multiple signs should be combined into'one sign to avoid clutter. Decisions on review of signs shall be guided by the following general design principles: JANUARY 10, 1989 F. A sign should not impair the visual effectiveness of neighboring signs. G. Garish colors and materials should be avoided. Ho Signs which have dark background colors and light letters are:preferred in order 50 minimize the apparent size of signs within the streetscape. I. Generally, signs on the same building should be within the same horizontal band, and be of a similar height. Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings~ and not freestanding. Sign material should be durable, requiring little maintenance; use of material such as corrugated plastic, natural aluminum,bulbous plastic letters~ nontex~ured plastic and glass tile should be avoided. Section 100-203. Sign prohibitions and general restrictions. Unless otherwise provided herein, nonaccessory signs~ billboards and mobile signs shall be prohibited in all districts. FJ Go Flashing signs, including any sign or device on which the artificial light is not maintained stationery and constant intensity and color a~ all times when in use are prohibited Signs which compete for attention with, or may be mistaken for, a traffic signal are prohibited. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, interfere with, mislead or confuse traffic, or be located where, by reason of its position~ -- shape, or color, such sign may interfere with~ obstruct the view of~ or be confused with,any authorized ~raffic sign, signal, or device by making use of the words "stop" "look" or any other word, phrase~ symbol or character, or red, green, or amber illumination or reflection. Roof signs shall be prohibited. Signs made out of cardboard, paper~ canvas or similar impermanent material are prohibised. Standard, approved methods of constant illumination shall be permitted on ground signs~ wall signs and hanging signs, provided, however, that the illumination shall be concentrated upon the area of the sign so as to prevent direc~ glare upon the stree~ or adjacent propersy. Signs with v~sible moving~ revolving, or rotating parts are prohibited. Ho Excep~ for holiday seasons or a period of fifteen (15) days from the date of a grand opening~ no sign or par~ thereof shall consist of pennants, ribbons, streamers~ spinners or other similar moving,fluttering, or revolving devices. Signs noting that a ~roperty has been sold are prohibited. No portable or temporary sign shall be placed on the fron~ face bf any building or any lot, except as provided in Section 100-205 C herein. No signs other than signs placed by agencies of the governmen~ shall be erected on any public property, unless consent is first obtained from the Planning Boar~ No sign shall be placed or painted on any ~ree or rock. No sign shall be placed on any utility pole except for utility '' identification or similar ~urposes. J^Nu^.¥ ,0. ,,8, l 4 3 Section 100-204 gi~igA~i~h of sign content or copy. Information displayed on signs shall be limited to the name, address, and nature of the buslness and products available or acti¥ity for whlch the building or premises is used. Section 100-205. Regulations regarding specific types of signs. A. Illuminated signs. A sign illuminated by electricity from outside or within or equipped in any way with electric devices or appliances shall conform with respect to wiring and appliances to the regulations of the New York State Board of Underwriters and shall bear the stamp of said Board. All wiring shall be self- enclosed in metal raceways. Freestanding and ground signs. Except for required cautionary or traffic control signs, one freestanding sign shall be permitted for each frontage of a property on a public street or way whare a building is set back at least twenty-five (25) feet from the street line. Such signs are limited to either pole signs with no guy wires or signs permanently affixed to a fence or other wall separate from the principal building. Ail ground signs shall be located within and not overhang the property line. The location and design of such signs shall be chosen so as not to present a hazard to pedestrian or vehicular traffic and shall be twenty-five (25) feet from each side line and fifteen (15) feet from the front and/or rear property line. The maximum~ height of such signs shall be fifteen (15) feet. C. Shopping center directory signs. The term "directory sign" shall mean any sign containing a list of names of business establishments located within a shopping center. 2. Each shopping center shall:, as a whole, be allowed one free-standing directory sign on the premises to be used for the purposes of identifying the shopping center and the various business establishments located within the shopping center where the building or buildings are set back twenty-five (25) feet from the street line. No advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen (15) f.~et in height~ measured from the top of said sign to the mean level of the ground surrounding the support of said sign. Each business establishment name shall occupy no more than ten (10) square feet in ~otal area. Said sign shall comply with all other applicable provisions of this chapter. 3. A permit issued by the Building Inspector shall be required for each shopping center directory sign erected or maintained pursuant to this section. The application for said permit must contain an architect' drawing of said directory sign as well as a survey indicating the dimensions of said sign, its location and setbacks. The Building Inspector shall refer said applications~ drawing(s), survey(s) and other supporting papers to the Planning: Board-for i6s approval-and recommendations. Interior signs. An interior sign, or combination of signs shall not cover more than ten (10~) Percent of the~ total glass-area upon Which~or in which~ it is affixed~ displaye or painted. ~ ' 1 4,4 JANUARY 10, 1989 E. Wall signs. 1. Wall signs shall not project more than twelve (12 inches from the wall to which they are affixed. Within any Business District, such smgns shall not exceed a height of three (3) feet, and shall not extend higher than the top of the parapet in case of one story buildings. In the case of buildings taller than one story, such smgns shall not extend above the bottom of the sill of the windows of the second story, nog extend or be placed more than fifteen (15) feet above the outside grade. No wall sign or combination of szgns, including interior signs, on any wall facing any street or public way in a business district shall exceed an area in square feet equivalenv to one times the length in feet of the structure on each frontage up to a maximum of sixty [60) square feet. Within an industrial district, one wall sign no~ exceeding thirty (30) square feet is permitted for each stree~ frontage from which access is provided to the lot. In any districts where wall signs are permitted, no such sign shall cover, wholly or partly, any wall. opening, including doors, fire escapes, and windows, nor projec~ beyond the ends of the wall vo which it is attached. Ail such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Inspecvor. Historic signs. The Planning Board may find that a particular sign is a histor].c sign. In making such a finding, the Planning Board, in consultation with the Historic Landmark's Commission, must find thav the proposed sign is of significant historic quality in terms of age or design or by reason of its relationship to an historic renovation project. The Board of Appeals may allow the reconstruction, repair and maintenance of historic signs upon such terms as may be jus~ and proper in addition ~o, or to the exclusion of, any other signs permitted by this chapter. Temporary signs. The erection, installation, or maintenance of temporary signs, as defined herein~ is hereby prohibited, excepv that the Building inspector may grant special permission for the mainvenance of the following signs: '- A temporary sign announcing special events, etc. not exceeding twenty-four (24) square fee~ in area, which is erected by a municmpal, charitable, or nonprofit organization is permitted, for a period no~ to exceed thirty (30) days. Temporary interior signs announcing special sales or evenvs shall be permitted in the Hamlet Business and General 8usiness District. Such signs shall cover no more than twenty-five (25%) percen~ of the window area to which they are affixed, and shall be removed within ~wen~y [20) days. Seccion 100-206. Un~afe, abandoned and unlawful signs. The owner of a sign and the owner of the premises on which such sign is located shall be jpintly liable ~o maintain ~uch sign, includiDg its illumination sources, in a neat and orderly ~bnd{~ion and good working order a~ all times and to prevent the developmen~ of any rus~, corrosion, rotting or other deteriora~ion~in the physical appearance or safesy of such sign. B. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, dsmaged~ deteriorated or a menace to the public or has been erected in violation of the provisions of this chapter, he shall give written notice by certified mail to the owner of the premises on which such sign is located, as shown on the latest Town assessment roll. Said sign and all appurtenances shall be taken down and removed by the owner~ agent or person having the beneficial use of the building or sLrucsure upon which such sign may be found within thirgy (30) days afLer written notification from the Building Inspecgor. Upon the failure ~o comply with such_notice within the time specified there~n, the Building Inspecgor is authorized to remove, or cause the removal of such sign at the expense of the person or persons named in such notice. Upon such removal, all cosgs and . expenses ~ncurred by the Town for removal and storage of such sign shall be assessed against the land on which such sign was located and a statemen~ of such expenses shall be presented to the owner of the land. If such statemen~ is not paid within thirty (30) days after its presentment, the Building Inspector may file a sta~emen5 with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the lares5 assessmeng roll of the Town. The assessors, in the preparation of the next assessment roll, shall assess such amoung upon such propergy. Such amoun5 shall be included in the levy against such property~ shall constitute a lien and shall be collected and enforced in the same manner~by the same proceedings~ ag the same time and under the same penalty as is provided by law for the collection and enforcemen5 of real property taxes in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall no5 be-permitged to redeem such sign ungil all expenses of removal and storage have been paid. C. If in the determination of the Building Inspector, a sign is an immediate_peril to persons or properly, he may cause such sign to be removed summarily and without nogice. The cos% of such removal shall be paid by the Town and such amoung shall be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessmen5 of a public improvement. Section 100-207. Conti~hation of existing signs. · Notwithstanding any other provisions of this article, any sign zn exisLence ag the effective date of this article which does not conform go the provisions of this chapger shall, within three (3) years from such date, be removed or made to conform, unless its continuance is authorized as a special exception by the Board of Appeals a~ hereinafter provided. 146 JANUARY 10, 1989 24. Chapter 100 is amend~ ~ adding a new Article thereto, to be Article XXI to provide as follows: ARTICLE XXI Landscaping, Screening and Buffer Regulations Section 100-210. Purpose The following standards are intended to enhance the appearance and natural beauty of the Town and to protect property values through preservation and planting of vegetation, screening, and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare, and accumulation of dust; to provide privacy from no,se and visual intrusion; and to prevenv the erosion of the soil, excessive run-off of drainage water, and the consequent depletion of the ground wa~er table and the pollution of wa~er bodies. Section 100-211. General requirements. The following provismons shall apply vo any use in all zoning districns: Landscaping, trees and ptants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees~ and plants which are in a condition that does hOC fulfill the intent of these regulations shall be replaced by the property owner during the nexv planting season for the particular plant material. A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of the use of the lot subjecv co the following conditions: (1) Any land that is or has been designated or required to be a screening area~ buffer area or paved area pursuan~ to an approval by the Town Board, Planning Board or Zoning Board of Appeals of any gran~ of an application for a change of zone~ variance or site plan approval or which ~s required by ordinance or local law muse be maintained by the owner of the property or any of the owners, successors in interest or as~igne~. (2) When it is determmned by the Planning Board tha~ any land is not maintained pursuanv co such grant or law, the Building Inspector shall notify the owner of record of such land, by certified mail co the address shown on the last completed assessmenc roll, to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening or paved areas pursuant co the plan or law. (3) In the event that the owner of record does not comply with the notice within thirty (30) days of the date of said mailing, the Building Inspector may take the appropriate action to erecv, replace, repair.or mainvain fences, crees~ plantings, shrubbery or 'other screen~.ng or paved areas on the designated land. The Building Inspector shall certify by affidavit the costs mncurred either by the Department or the Town Board.. The %own Board shall, by resolution, instruc~ t~e Town Clerk co ~ubli:$h a public notice thac a public hearing will be held for the purpose of adding co the assessment roll of the d~scribed lot or parcel the costs incurred and that, at the public hearing, the Town Board will hear and consider any objection which may be made to such roll. The publication of such notice shall not be less~.than ten (10) days before the time specified for such hearing. The Town Board, after public hearing, may then cause such assessment to become a lien and may direct the Town Assessors to place it on the assessmen~ roll. All landscaping, trees, and planting material adjacenv to parking areas, loading areas, or driveways, shall be properly protected from vehicular damage by barriers, curbs, or other means. To the extent possible, existing trees~ vegetation, and unique site features such as stone walls, shall be retained and pro~ected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations.. Where lot size and shape or exmsting structures do not make it feasible to comply with the requirements for a front landscaped area or landscaped parking area, the Planning Board may approve planters, plant boxes or pots containing trees, shrubs, and/or flowers to comply with the intent of these regulations. In cases where the edge of the pavemenv within a public right-of-way does not coincide with the front lot line, the property owner shall landscape the area between the front lot line and the edge of the street pavement. Section 100-212. Front landscaped area. A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or bther ground cover and shall include appropriate trees and shrubs. As a.mmnimum, in all non-residential districts and inthe Hamlet Density Residential and R-40 Low Density Residential Districts, one shade vree having a caliper of two mnches shall be planted within the front landscaped area for each forty (40) feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use of the lot but nov to screen the use from view. Residential Districts. In all residential districts, required front yards~ excepv for the driveway, shall be landscaped with ~rass or other suitable ground cover, trees, and~or shrubs. Non-Residential Districts. In all non-residenvial districts, there shall be a landscaped strip in the front yard area: in the Limited Business, General Business and Light Industrial/Office Park and Light Industrial Districts,.the strip shall be twenty-five (25) feet and in the Marine Business District, the landscaped strip shall be fifteen (15) feet deep along and contiguous to the front lot line of the property. There stall also be a landscaped area five (5) feet wide abutting the front of the building in ail non-residential districts including the Hamlet BdsJness District. Section 100-213. Transition buffer area. The purpose of the transition buffer area is ye provide privacy from the noise, headlight glare and visual intrusion to residential dwellings.' A buffer..area shall be required along all boundaries of a ~'bn-resJdential lot abutting any lot in a residential district. 1 4 8 JANUARY '10, 1989 Such buffer area shall comply:,with at least the following minimum standards: The buffer area shall be located within the boundaries of the subject property. B. The minimum width of buffer areas shall be as follows: (1) Hamlet Business District (2) Marine Business District (3 Limited Business District (4 General Business District~ (5 Industrial Districts (6 Any districL other than residential district adjoining land owned or maintained by New York Sta~e, Suffolk County, or Southold Town with curren~ or potential use as park land 15 feet 20 feet 20 feet 25 feet 30 feet 25 feet The buffer area shall be of evergreen planting of such ~ype, height, spacin~ and arrangement as,:in the judgment of the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. As a minimum, the planting shall consist of a double row of Lrees six (6) feet in height planted at inLervals of Len (10) feet on denter. Non-evergreen planting may be included to supplement evergreen planting, but no5 to take its place. A landscaped earthen berm, wall, or fence of location, height, design and materials approved by the Planning Board may be accepted for any portion of the required planting and/or buffer area. Where the existing ~opography and,Zor landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. Section 100-214. Landscaped parking area. In addition to the front landscaped area and buffer area requirements, parking areas shall comply with the following minimum standards: All uses required to provide Lwenty (20) or more off- sLree5 parking spaces shall~have aL least ten (10) square feet of interior landscaping within the paved portion of the parking area for each parking space and a~ least one (1~ tree with a two (2) inch caliper for every ten (10) parkin~ spaces or fraction thereof. Each separate landscaped.area shall contain .a minimum of one hundred (100) square feet, shall have a minimum dimens-ion of at leas% eight (8) feet, shall be planted with grass or shrubs~ and shall include at least one (1) tree of not less than two (2) inch caliper. A landscaped area shall be provided along the perimeter of any parking area excep~ that portion of the parking area which provides access to a street or parking facility on an adjacen~ lot. Accessways ~o adjacent lots shall no% exceed ~wenvy~four (2g) feet in ~idth and shall not exceed ~wo (2) in number for each purpose. The landscaped area shall have a minimum dimension of four (4) feet~ shall be planted with grass or shrubs and shall include at leas5 one (1) tree of. noL less than two (~) i~ch caliper for e~Dry forty ~40) feet along the perimeter of the parkif~ a~a. In eases where the parking area adjoins a public sidewalk, the required landscaped area shall be exLended to ~he ~dge of ~he sidewalk. JANUARY 10, 1989 149 Trees used in'parking lots shall include Honey Locust, Pine,Oak, :or other fast-growing hardy varieties, or existing trees where appropriately located. Section 100-215. Properties located adjacent to creeks. The rear yards of properties located adjacent to creeks shall include natural vegetation and/or shall contain suitable planted vegetation to a minimum of twenty (20) feet inland from the mean high water line elevation or wetland boundary to prevent erosion of the shoreline. Vegetation within the buffer strip shall not be fertilized or chemically treated. 25. Chapter [00 is amended by adding a new Article thereto, to be Article XXIII, to provide as follows: ARTICLE XXIII Supplementary Regnl. ations Section 1.00-230. Exceptions and mod/fi, cations. Established front yard setback. Wber'e property in the vicinity is improved with principal buildings with Front yards of less than that required by the provisions of ti)is chapter, the front yard sot;back shall be Che average sot;back of the existing buitdings within three hundred (300) Feet: of the proposed building on the same side of the sbreet within the same use district. Exceptions to lot depth requirements. The minimum depth at any point may be decreased to seventy five (75/~~,) percent, o1' t, hem i ni mum r'*~qui r'emenb i F t, he average depth conforms t,o the minimum requirement. C. Exceptions to yard requirements. Do (1) Per'mt. Lord obsLr'uct;ions. Cornices or cantilevered r. oofs may pr'o,jecL not, more Lban cwo (2) F~et, int, o a required yard. Belt, courses, window sills and other ornamental Features may pr'QjocL nnb more than six (6) inches into a requirect yard. Fences or walls hOC over fOtlp (4) feet, in height may be erected anywhere on t, he lot, except as set, forth in Section 1OO-2~2 herein. Pavod t, er'races, and wa 1 ks (other' (.hall snch it~ ar.t) needed i'ot. access to t,he buildings on the lot,) sba[.l, noc project, w/thin Fifteen (15) Feet off a st:t'eet, line or Four' (4) Feet, of a proper'fy 1 inc. (2) Ent, rios and port ico~. A I'OO ['t'([-ov~ r. pr'o.jo¢:t, ion in l, ht; nat,Hr'(: nF ail not, moro than o/g'ht, (~1 Feet, wi(h: and t'xt,¢n~rlit~g not, IilO['U t. ban six (6) l'et:t, oub l't'o,] t. be front, wall of t, be bui lding, .shall b~, o,X~,lll/)t l't.om tho r'~'(iu~P~ment.s &F t,hi~ ~ec:Cion wh,'n i.h(~ 1)uiZcling orherw~..}~ (:["~i~ io:~ with :.he }'e~!tiat-,io a o/' ~[li~ ~o(:l.l()ll. ]11 (:OfllDU{,lll~' t..l~. ;lV~l';tL,,e sttc':}l cHt,i'ii~s and po)'t.~ct)s shal[ be i~]ior'ecl. : (3) Per'hlitted project,]ons. ]n any districb, chimm:ys on pesi. den~ial pub.[~e or semi-publ./c buildings may project; into a required yard %o the ext, enu of hoc mope than two (~) FeeL. In any resi dentS al di. st, p~cc, tor. Paces, st, eps or t~ncoveped porches may pp j ecl; J. nt, n ally r'etlU] ~'ed yar(l, [);'()vidud no [)apt. t, hel'eof is rl~2iti',~[. bhan four (4) feet t,o any Lot line. Hei. gbC exceptions. Thc~ he/gh~ .limitations of thks ordinance shall not apply 1:o: (1) Spi~'es, belfries, cupelasmd domes not. for humnu occupancy; monuments, [rausmission t.owers, chi mneys, derricks, conveyors, flag coles, radio towers, television uowers, and Celevi. sJon aerials, provided Chat any relevi, sion or radio aerial shall no[ be located nearer than a distan(:e equal co its height t, raosmission l.ino carrying more than 220 volt, s. (2) Bulkheads, observation towers, monitors, fi. re towers, hose towers, cooling ~;owt~.rs~ water UOWOPS, gt'a]n el evator.s, or el her SLPIICtn Pcs where a manufact;nv ing process t'equJres grr~-aLer height, provided LhaC any such strucLt.tres t. bat are .IocaLed on any rooF' and ghag exceed kn he5ghL ghe lKmkgs ~n Lhe parCKculap dis~p~cg shail no~ in Lhe aggregate occupy more ~han gwengy (20~) of ghe hopkzon~ai area of ~he poof~ and ape se~ back one (1) foog from Che edge of ~he roof fop each addiLkonal foo~ 5n heighg gpea~ep ~han ~he spec~fked hekghg. (3) All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure~ shall be screened in a manner approved by the Planning Board. E. Retail sales in Residential Districts. Notwithstanding any other provision of this Chapter, allprem~ses located in any Residential District and upon which retail sales are conducted shall be subjec¢ to site plan approval by the Planning Board~ pursuant to the provisions of Article XXV. Section 100-231. Height of fences, walls and hedges. Fences, wall~ hedges or other live plantings within five (5) feet of the proper~y lines may be erected and maintained, subject to the following height limitations: When located in the front yard along the front lo* line, the same shall no[ exceed four (4) feet in height. When located along side and rear yards, the same shall not exceed six and one-half (6½) feet in height. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. Section 100-232. Corner lots. A. On a corner lot, front yards are required on both street fronvages, and one yard other than the front yard shall be deemed to be a rear yard, and the other or others side yards. On all corner lots, berms, walls2 fences and hedges or any other potential obssruction to vision shall not exceed a height of two and one-half (2½) feet above the average street level within an isosceles triangle having thirty (30) foot sides along each street to preserve sight lines for ~raffic. Section 100-233. Building length and separation for buildings containing multiple dwellings. No building shall exceed one hundred twenty-five (125) feet in length. The minimum.distance between principal buildings shall be equal to two times the height of the highest building, and the minimum distance between a principal and an accessory building shall be twenty (20) fee%. JANUARY 10, 1989 15'1 Section 100'234. Courts. Inner courts. An inner court is permitted in multi- family dwelling developments if the minimum dimension of such court is not less than two times the average height of all surrounding walls, but not less than sixty (60) feet. The height of walls surrounding an inner court '- shall be measured from~inished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five (5) inches vertical to to twelve (12) inch~ hori~ntal, the height shall be measured to the mean point of the roof. Outer courts, The minimum width of an outer court sha] be twenty (20) feet and the depth thereof shall not exceed its width. Section 100-235. Access requirements. A. Street access. No building shall be erected on a lot that does not have direct access to a public street in accordance with Section 280a of the Town Law. All buildings and structures shall be so located as to provide safe and convenient access for servicing~ fire and police protection, and off-street parking and/or loading. Bo Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by a one- family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet, servmng only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required fronv yard specified for the district in in which the lot is located and shall not be measured from the rear lot line to the front lot. Section 100-236. Open storage. No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles or boats as set forth ~n Section 100-1pl shall be permitted in a residential district. When open s~orage is permitted in a commercial or industrial district as a principal or accessory use, the following conditions shall be met: Storage shall be screened from view by a fence or evergreen screening, the design and location of which shall be approved by the Planning Board. In no case shall the stored material exceed the height of the screening. 2. No outdoor storage may be permitted within twenty- five (25) feet of a residential district boundary. Automobile wrecking yard or junkyard is required to provide suitable screening in the form of fencing or hedges completely around the periphery of the area used for such purposes, subject to the approval of the Planning Board. Failure to provide such screening shall require elimination of said use. Section 100-237. Prohibited uses in all districts. The following uses are ~rohibited ih all districts: 152 JANUARY 10, 1989 A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor, or other form of air pollution or by reason of the deposit, discharge, or dispersal of liquid or solid'' wastes in any form i~ such manner or amount as to cause permanent damage to the soil and streams and to adversely affect the surrounding are~, or by rea~n ..... of the creation of noise, vibration,electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits ofme lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive~ radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety, or general welfare, except where such activity is licensed or regulated by other government agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. Carnivals, circuses and related activities, except for a temporary period on special license from the Town Board. De Junkyard or refuse disposal site, except a refuse disposal site established as an official Town refuse disposal site or duly authorized as a refuse disposal site by the Town Board. Uses involving primary production of the following products from raw materials: 1. Charcoal and fuel briquettes; chemicals, aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosose; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yard; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes.and 5urpentine; rubber (natural and synthetic); soaps, including fat rendering; starch. F. the following processes: 1. Nitrating of qgtton or other materials. 2. Milling or processing of flour. 3- Magnesium foundry. 4. Reducsion, refining, smelting and alloying metal or mesal ores. Refining secondary aluminum. 6. Refining petrolem products, such as gasoline, kerosene, naphtha, lubricating oil. 7. Distillation of wood or bones. 8. Reducti6n and processing of wood pulp and fiber, including paper mill operations. G. Operations involving stockyards, slaughterhouses and mlag piles. H. Storage of explosives· I · Quarries. Storage ~ petroleum products. Notwithstanding any other provisions of this chapver, svorage facilities with a total combined capacity of more than twenty thousand (20,000) gallons~ including all tanks, pipelines, buildings, strucvures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products~ shall nov be located within one thousand (1,000) feet of tidal wavers or tidal wetlands. Section 100-238. Provismons for community sewer, water and utility facilities. Where public sewer and/or public water and/or public or private utility systems are required, no building or premises to be serviced by such sysvems shall be used or occupied, no~ shall a certificate of occupancy be issued with respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. Section 100-239. Land under water; filled land. Streams, ponds,tidal marshes and portions of Long Island Sound and its various bays and estuaries~ lying within the boundaries of the Town of Southold~ whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most restricted use district abutting thereon, and such zoning shall continue in force regardless of any filling or draining of such lands. Nothing herein convained shall be consvrued 50 permit the filling or dredging of such land. For the purpose of computing density for the developmenv of any lot or lots, no land under water, unless filled pursuan5 to law, shall be included in computing the m~nzmum lot area for each dwelling unit permitted under the appropriate zoning distric5 in which the property lies. Section 100-259b. Touris~ camps, camp cottages and ~railers. A. Permits required. No tourist camp shall be established, maintained or operated in any district~ nor shall any tent, tent house, camp covtage, house car or trailer to be used or occupied as a place fer living, sleeping or eatin%~ whether charge is or is not made~ be erected or placed therein, unless aushorized by the Town Board pursuant to the provisions of Chapter 88, Tourist and trailer Camp. B. Automobile trailers or house cars. Notwithstanding any o6her provisions of this chaoser, a single automo~ile trailer oF house car may be locaved outside a ~ouris~ camp only when authorized by the Town Board a~d subjecv to such conditions as n~ay be prescribed by the Town Boar~. C. Exemptions. This section shall not be deemed to apply 5o the temporary or seasonal camp of any unit of the Boy Scou~s of America or the Girl Scouts of America or other such organizavi~s under the leadership provided by said organizations, respectively. 154 JANUARY 10, 1989 Be Section 100-239c Berms A. General (1) Ail beams shall be constructed so that all sides of the berm shall not have a slope greater than one (1) to three (3) feet. For the purposes of this section, the slope shall refer to the ratio of a vertical rise of one (1) foot to a horizontal run of three (3) feet. (2) All berms shall be constructed out of clean fill or an equal approved by the Building Inspector. Said fill shall be given sufficient time to settle before final shaping and topsoil are applied. After the settled fill has been shaped, a uniform six (6) inch layer of approved horticultural topsoil shall be placed on the fill and fine graded. (3) Ail berms shall be properly vegetated and landscaped, as approved by the Planning Board, before any erosion occurs in the topsoil on the berm~ or, in the alternative, the berm shall be covered with an approved ground cover until such time the berm can be properly landscaped. (4) Berms shall be constructed only during the period from March 1 through October 15. (5) No fence or wall shall be constructed on a berm. However~ a retaining wall may be placed on the sides of a berm where the Planning Board finds said retaining wall will promote aesthetic considerations and the height of same does not exceed the height or grade of the berm. (6) The construction of berms and the berm itself shall not interfere with natural drainage. (7) The outside toe of the berm shall not be closer than six (6) feet to any property line. Height. (1) The height of a berm shall be the vertical distance from the berm to the natural existing grade at the base of the berm. (2) In all residence districts, no berm shall have a height greater than-four (4) feet in the front yard or six and one-half (6½) feet in a rear or side yard. (3) In all nonresidence districts, no berm shall have a a height greater than six and one-half (6½) feet in a front, rear or side yard. (4) Notwithstanding the provisoins of Subsecgion B (1) and (2) of this section~ where the proposed berm is along a major street, as that term is defined in subsection A106-13 of the Town of Southold Land Subdivision Regulations, the Planning Board may increase the height limitations of this subsection where it would be in the public interest by limiting adverse impacts from nod. se o~ light or by prgmoting aesthetic considerations. However, in no case shall a berm along a major s~ree~ exceed ten [10) feet. Permit. (1) All beams in excegs of-~our (4) feet in height, except those required to be constructed in connection with the Planning Board's approval of a subdivision plat or site plan, shall require a building permit. 2) All applications for a building permit for a berm shall include the following: a) A detailed gradin~ plan of the entire site indicating the existing topography in contour intervals no greater than five (5) feet and the proposed topography in contour intervals no greater than two (2) feet. The scale of the grading plan shall be no smaller than one (1) inch equals twenty (20) feet. b) A cross section of the berm indicating the type of materials to be used in-constructing the berm (i.e., fill~ topsoil) and the location of landscapin~ The scale of cross section shall be no smaller than one (1) inch equals four (4) feet; and c) A detailed landscapin~ plan indicating the locatior size and quality of the species to be planted. Ail applications for a building permit for a berm shall be referred to the Planning Board for its approval with respect to the compatibility of the berm with the surrounding properties and associated land uses, drainage considerations, landscapmng and and aesthetics. 4) Within twenty (20) working days of receipt of a complete application by the Planning Board, it shall approve, approve with modifications, or disapprove the application. The Building Inspector shall not issue a permit for a berm until Planning Board approval has been received. Failure of the Planning Board to act within twenty (20) working days shall be deemed an approval. 6) Ail provisions of this chapter relating to the building permits and construction shall apply to building permits for berms, except as provided in this section. 26. Chapter 100 is amended by adding a new Article thereto, to be Article XXIV, to provide as follows: ARTICLE XXIV Nonconforming Uses and Buildings Section 100-240. Purpose The purpose of this article is to reduce or minimize impacts of: uses and buildings which do not conform to the use or bulk requirements set forth in this chapver; all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter; and all buildings containing nonconforming uses. Section 100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of building~ or open land existing on the effective date of th~s chapter or authorimed by a building permit issued prior thereto, regardless of change of title, possession, or occupancy or right thereof, may be continued indefinitely, except that such building or use: Shall not be enlarged~ altered, extended, reconstructed, or restored or placed on a different portion of the lot or parcel of land occupied by such use on the '- effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, Shall not be moved to another location where such use would be nonconforming. 156 JANUARY 10, 1989 C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more restrictive nature. Shall not be changed back to a less restrictive use, if changed to a more restrictive nonconforming use. Shall not be re-established if such use has been changed to or replaced by, a conforming use. Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes ~o the extent of ~0~ of its fair value. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding~ the nonconfirming use of such building or premises shall no longer be permitsed unless a variance therefor shall have been granted by the Board of Appeals. Section 100-242. A. Nonconforming buildings with conforming uses. Nothing'in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing'a conforming use provided that: such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Reconstruction of a damaged building. 1. A nonconforming building containing a conforming use been damaged by tire or other causes to the extenb of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule. Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in subsection B(1) above, shall be filed within one (1) year of the date of such damage, and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year thereafter unless reconstruction in accordance with the approved plans has been initiated. Section 100-243. Nonconforming buildings with conforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than $0% of its fair value shall not be repaired or qebuilt unless the use of such building ms changed to a conforming use. Section 100-244. Nonconforming lots. A. This subsection is intended to provi'de minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Local Law, and that were singly and separately owned as of the effective date of this Local Law. B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Local Law and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erecned on such lot for use, in accordance with all the other applicable provis~.ons of this Local Law, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and insure title to real properny in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: Minimum Standards . Lot Yard Area Coverage Width Depth Front Side 20,000 20% 120' 140' 40' 15' to 40,000 (S.F.) less than 20,000 (S.F.) 20% 80' 100' 35' 15 Both Sides Rear 35 50' 25' 35' In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9th, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such fron~, side and rear yard and area dimensions were required an thc time the map was originally filed with the CounDy Clerk of Suffolk County. Section 100-245. Repairs and maintenance. NotwithsDanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building~ or the carrying out upon the issuance of a building permit of major sDructural alterations or demolitions necessary in the interest of public safety. Section 100-246. Involunsary moves. Subsections (A) and (B) of Section 100-241 and subsection (A) of Section 100-~43 herein are not intended %o Wpply to involuntary movements of uses or s~ructures as a result of condemna%ion actions or other litigation. 1 5 8 JANUARY 10, 1989 27. Chapter 100 is amended by adding a new Article thereto, to'be Article XXV, to provide as follows: ARTYCLE XXV Site Plan Approval Section 100-250. Purpose To standardize procedure for review of site plan and requirements for site plan application regardless of district. Section 100-251. General requirements. No building or structure and no parking lot or outdoor use of land, except those used as a one-family dwelling or for farming purposes and their accessory uses, including home occupations, shall be used, constructed~ enlarged,or moved until a site plan meeting all the applicable require- ments of this article has been approved by the Planning Board. In addition,any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage and/or utilities or any plan to altera':~building in a historic district or with historic landmark designation will require site plan approval. Furthermore any use or structure in a flood or erosion hazard area will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board. Moreover, it is the intent that all problems arising within the limits of the job site will_be completely resolved, redesigned and approved before any work is resumed. However, mn the event that an error either of design or judgmen~ becomes apparen~ during the progress of this work~ the Planning Board through its representative, the Building Inspecvor, reserves the right to stop such work and direc~ such changes pursuant 50 Town of Southold specifications to correct such error. It ms also understood, that the Planning Board or its representatives shall not be held liable for any problems arising during or after conssruction. Section 100-252. Objectives In considering and acting upon site developmen~ plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in genera] and the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as ma~ be required in order that the result of its action may, to the maximum extenv possible, further the expressed intent of this chapter and the accomplishment of.the following objectives in particular: A. Traffic access. That all proposed traffic accessways are adequase but not excessive in. numbe~; adequate Jn width, grade, alignmen5 and visibility; are located in proper relationship with intersections, pedestrian crossings and places of public assembly and are in conformance with overall ~raffic safety consideration, B. InterJ. or circulation and par~{ing. That adequate off-~ree~ parking and loading s~aces are provided to satisfy the parking needs of the proposed uses on-smte, and that the interior circulation system is adequate ~o provide convenient access to such spaces consistent with pedestrian safety. JANUARY 10, '1989 i 5 9 NJ Landscaping and screening. That all required recreation, parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets, and that the landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees eight inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features. Due regard shall be paid to all natural features on and adjacent to the site, including~ but not limited to, drainage courses, wetlands, marshes, dunes, bluffs, beaches, escarpments~ woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and protection of ground and surface waters. Cultural Features. Due regard shall be paid to all cultural features on and adjacent to the site including, but not limited to~ archeological and paleontological remains~ old trails, historic structures and sites and agricultural fields. Pavement. Ail plazas and other paved areas intended for use by pedestrians shall make use of such pavements and plant materiasl which could serve Bo encourage their use by pedestrians during all seasons of the year and shall not consist of undue expanses of pavement. Lighting. Ail outdoor lighting shall be of such a nature and so arranged as to preclude the protection of direct light and glare onto adjoining properties and streets. Public address or sound system. Any sound or public address sysvem shall be such that no sound from system shall be audible on adjoining properties on on the adjacent street. Facades. Building facades shall be compatible with surrounding area. Drainage. The drainage system and layout proposal will afford an adequate solution to any drainage problems. K. Public Utilities. Plans for waver supply and sewage disposal are adequate such that the internal water and sewer sysvems are adequate and that all wells, sewage systems and connections to Town systems are in accordance with town and County standards. L. Existing development and community plan. That the developmen~ proposed is at a scale and density consistent with existing development and with the Master Plan of the Town of Southold. Aesthetic considerations. The design of all structures sha~ be compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed (1) use of materials, (2) scale, (3) mass, (4) height, (5) color, (6) ~exture and (7) location of the svructure or structures on the site. Handicapped access. The site plan and building design shall accommodate the needs of the handicapped and be in conformance with the State standards for' consEructJon concerning the handicapped. Energy conservation. The site plan and building design shall maximize the conservation of energy. '- Section 100-253. Effect of approval. No building permit shall be issued for any structure covered by this article until an approved site developmen5 plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. No certificate of occupancy will be issued for any structure or use of land covered by this article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then the matter shall be referred prior to final action by the Planning Board, to the Suffolk County Planning Commission mn accordance with the applicable provisions of law. Section 100-254. Procedure. Pr,submission conference. Prior to the submission of a site development plan, the applicant or his ag,nv shall meet with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site developmen~ plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. Waiver of required information. Upon findings by the Planning Board that, due ~o special condition peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary,or that strict compliance with said requirements may cause extraordinary and unnecessary hardshzps, the Board may vary or waive the provision of such ~nformation, provided that much variance of waiver will not have detrimental elf,cvs on the public health~ safety or general welfare, or have the effec~ of nul~fying the intent and purpose of the site plan submission, Official Map, Master Plan~ or this Zoning Code. (See following Section 100-255 on Sire Plan Elements.) Within six (6) months following the pr,submission conference, nine (9) copies of the site developmen~ plan application and any related information shall be submitted to the Planning Board. Within thirty (30) days of receip~ of the application, the Planning Board shall determine whether said application is complete. If the Planning Board determines said application to be incomplete~it shall forthwith notify the applicant, wherein said application is deficient. If a site developmen~ plan application is no~ submitted within six (6) months following a pr,submission conference, another conference may be required by the Planning Board. If the Planning Board determines said application ~o be complete~ it shall within ten (10) business days of such determination, solicit comments and reviews from all agencies. The Planning Board shall also send a copy of the application ~o solicit co~me~s and review within thrity (30) days of the date of referral fromthe Town Trustees, Town Engineer, Superintendent of Highways, the Conser~ati6n Advisory Commission, Building Inspecvor, Fire District,or other municipal agency or district potentiall~ affected by the proposed development. Applications for condominium development shall be forwarded to the Suffolk County Planning Commission for their review and response within '~ thirty (30) days of the dat~ of'referral. If the County Plan. nin~ Commission makes a negative recommendation, a Town Plannin~ Board vote of a majority plus one is required. It shall certify ~ the Town Clerk that a complete application is on file with the Planning Board JANUARY 10, 1989 161 E. No application shall be deemed complete until, either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA) as implemented by Chapter 44 of the Town Code, or if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content, and adequacy. Regardless of the time requirements of this section~ reasonable time shall be provided for compliance with SEQRA including the preparation of a final environmental impact statement. F. If the Planning Board determines that a public hearing is necessary~ it shall schedule and hold same. Notice shall be given at least five ($) days prior to the dates of such hearing by publication in the official Town newspaper. He Within forty-five (45) days of the conclusion of the public hearing, or if none was held, within forty-five (45) days of determining that the application was complete, the Planning Board shall determine whether the site development plan application complies with the purposes and specifications of this Chapter and shall so inform the Building Inspector and Town Clerk and the applicant, in writing, of its approval, its approval with modifications to bring about compliance, or disapproval. This forty-five (45) day period may be extended by the Planning Board upon the written consent of the applicant, or as may be permitted under the State Environmental Ouality Review Act as implemented by Chapter 44 of the ~own Code. Failure to act within said forty-five (45) days shall be deemed to be approval. Once approval has been granted by the Planning Board, one (1) translucent linen or mylar and six (6) copies of the approved plan, on- which all conditions imposed by the Planning Board as part of its approval have been clearly indicated, shall be forwarded to the Chairman for his/her endorsement. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. J. Approval of a site plan by the Planning Board shall be valid for a period of 365 days for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Once a building permit has been issued, an approved site development plan shall be valid for a period of two (2) years from the date of approval (of the plan). Ail work proposed on the plan shall be complete within two (2) years from the date of approval unless a longer period was approved or the applicant obtains an extension fromthe Planning Board. No building permit shall be issued before approval of a site development plan has been received from the Planning Board. K. No regrading~ clearing, tree removal or any other work in preparation of future use of a. site may take place until site plan approval has been received from the Planning Board. , In the case of a variance application requiring a site plan approval, the site development plan application shall be subjected to-~ preliminary review in accordance with the above procedure before recommendations are made by the Planning Board prior to action on said applicatiOns by the Board of Appeals. Building permits issued for variances shall be in accordance with the conditions established by the Board of Appeals. 1 6 2 JANUARY 10, 1989 Po A statement shall be placed on all site plans approved by the Planning Board to the effect that the owner,s) agree(s) to comply with the plan and all conditions noted thereon. The required site improvements (all road~ paving and circulation, drainage, utilities, outdoor lighting, recreation areas, garbage collection station, landscaping and screening including planting and maintenance thereof for a minimum of one (1) year and a maximum of three (3) years a~ the discretion of the Planning Board) which are an integral part of the approved plan shall be guaranteed by cash~ performance bond or other acceptable guarantee approved by the Town Board and town Attorney. In the event that a satisfactory guarantee is not provided within ninety (90) days of the date of the resolution of the Planning Board approving the plan, said resolution shall be deemed null and void. A cash guarantee shall be for 100% of the cost of improvements. The said bond, surety or cash deposit shall be conditioned upon the property owner's or developer's completing the said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the Planning Board; and upon the proper functioning of said systems for a p~riod of one (1) year from their completion. In default thereof, the said bond or deposit shall be forfeited and the Town shall use the amount thereof to complete any incomplete portion of said work or to make sure repairs are undertaken as are necessary to assure proper functioning of said improvements; provided, however, that if any amount of money remains after the Town has completed the said work~ such excess money will be returned to the surety or the person putting up the required deposit. Said surety bond or cash deposit may be reduced by resolution of the Town Board upon the certification of the Town Engineer that one or more particular items required by the Town Board have been satisfactorily completed. Such reduction shall be in the ratio that the completed item or items bear to the total estimated cost of the required improvements. The installation of all improvements shall be under the direct supervision of a New York State registered architect or professional engineer. To obtain a building permit, an applicant shall provide to the Building Inspector proof of town Board acceptance of guarantee. No part~p~ the guarantee shall be released until all requirements of site plan approval including the construction of site improvemenss is completed, inspected and approved by the Town. The site development improvements shall be fully completed in accordance with the approved plan before any new building or structure shown on the approved site plan is occupied or any existing building shown on the approved site plan is occupied with a new use pursuant to Section 100-254 on Certificates of Occupancy, which indicates gha~ no building shall be occupied until a certificate of occupancy has been issued. Section 100-Z$$. Site plan elements. A. Submission A complete site plan application shall consist of: 1. a complete site plan application form. 2, site plan review fee, as specified in subsection B below. an environmental assessmen~ form~ parr one, for all Type I actions, or actions that may have a significant environmental impact. See Southold Environmental Quality Review Law. 4. site plan(s). B. Fee The site plan review and inspection fee is based on the area contained within the site plan. Such fee shall be computed on the basis of $0.05 per square foot of area within the site plan proper~y limits; less building coverage. C. Site Plan The applicant shall submit a site plan a5 a minimum scale of one (1) inch equals forty (40) feet to be prepared by a New York State licensed Architect, Landscape A~chitect, Civil Engineer or Surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or uses as indicated by the Planning Board in the presubmission conference. This information, in total, shall constitute the si. ge plan. Multiple sheets may be utilized to presenE the information required. 1. Legal data. a. Lot, block and section number, if any, of the property taken from the lates~ tax records. b. Name and address of the owner of record. c. Name and address of the person~ firm or organization preparing the map, sealed with the applicable New York State license seal and signature. d. Date, North point and written graphic scale. e. Propervy description shall be prepared by a licensed Surveyor or Civil Engineer. The site plan may reference a land surveyor's map or base reference map. Ail distances shall be in feet and hundredths of a foot. Ail angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in ten thousand (10,000). f. ~he locations, names and existing widths of adjacen~ streets and cut,lines. A separate map of location and owners of all adjoining lands, within five hundred (500) feet as shown on the latest ~ax records, ay a scale of one (1) inch equals one hundred (100~. feet. Location, width and purpose ofall'existing and proposed easements~ setbacks~ reservations and areas dedicated to public use within or adjoining the property. i. Existing zoning, including zone lines and dimensions. 2. Natural features. Existing contours with intervals of two (2) feet or less, referred to mean sea lev~ as per USGS datum. Approximate boundaries of any areas subject to flooding or s~orm water overflows; tidal bays, ponds, and marshes, freshwater bodies and wetlands and streams. Location of existing natural features enumerated in subsection D of Section 100-252~ and any other significant existing natural feavures such as rock outcrops and ~rees with a diameter of eight (8) inches or more measured three (3) feet above the base of the trunk. Location of any existing cultural features enumerated in subsection E of Section 100-252, and any other significant cultural features. Outlines of all structures and location of all uses not requiring structures. Paved areas including parking areas, sidewalks and vehicular access between the site and public streets. Locations, dimensions, grades and flow direction of any existing culverts, wa~er lines, sewer lines or sewage disposal sys%~ms~ as well as other underground and above ground utilisy poles and utility lines within and adjacen~ to the property. Other existing development features or strucvures including fences, landscaping and screaningy ---' ~.e The location and use of all buildings and structures within 200 feet of the boundary of the subject property. 4. Proposed development. The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing Structures, The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian ~irculation. The location, direction, power and time of use for any.proposed outdoor lighting or public address systems' The location and plans for any optdoor signs which must be in accordance with applicable sign regulations. Paving, curbs, sidewalks~ drainage structures, fencing~ grading and drainage plans shall be in conf0rmace with the Town of Southold highway standards. Grading and drainage plans shall be based upon site rainstorm retention~ ~n conformance with the Town of Southold highway s~andards, con~ours and spot grade elevations ~o be provided. ,o, 1 6 5 j o Landscaping, buffering and street tree Fans including material size, quantity and location. A list of plantings shall also be shown, as per the Town of Southold highway standards. Location of water and sewer mains, electrical service and cablevision installations, location of water valves and hydrant and/or alternate means of water supply and sewage disposal and treatment. An indication that all storage areas for materials, vehicles, supplies, products or equipment shall be located in either a side or rear yard and that such areas are adequately fenced or screened. If the site development plan indicaves only a first sta~e, a supplementary plan may indicate ultimate development. 28. Chapter 100 is amended by adding a new Article thereto, to:be Article XXVI, to provide as follows: ARTICLE XXVI Special Exception Uses Section 100-260. Purpose The provisions of this article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely ~o significantly affec~ their surroundings that they require individual review to assure compatibility with existing land use patterns, community character and the natural environment~ before being permitted to come into existence. Similarly, certain authorized uses may take on such diverse forms in their actual implementation that is wise to review and pass upon the adherence of each individual proposal~to standards and guidelines previously established for the use involved. Finally, the case-by-case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review, and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site. Section 100-261. Special exception uses. There is hereby created a category of land use approval to be known as special exception uses. Said uses may no~ be commenced, created, undertaken, carried ou~ or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall have been granted for the use either by the Planning Board, the Zoning Board of Appeals or the Town Board, according to the provisions for the particular special exception use se~ forth in this article or elsewhere in tKis chapter. Any land use, including the erection,construction,reconstruction, alteration demolition, moving, conversion or change of use of any structure shall be a special exception, use cequiring a special exception approval if the text of this chapter, or the Use Section hereof, denotes the use as b~ing either the subjec~ of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been granted for the same, and: the conditions imposed in such approval as prerequisites tb a building permit, if the~e be any, have been mes. Section 100-262. Rules of conduct and procedure for special exception uses. 166 JANUARY 10, 1989 An application for ~a special exception approval shall be on the form for same provided by the Building Inspector, and shall be submitted in triplicate, together with the fee of $75.00, to the Building Inspector who shall review the application for completeness and conformity with this chapter. The Buildin~ Inspector shall reject the application, if it is no5 complete or not in conformance, and shall notify the applicant as ~o the regson for suc~h rejection. If the application is satisfactory, the applicant and the Building Insepctor shall forward the applications to the board having jurisdiction thereof. Prior to taking action on any special exception use, the board having jurisdiction thereof shall schedule a public hearing within forty five (45) days after determination that the application is complete. Within sixty (60) days following the close of the public hearing, the board shall render a decision on the application. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any ~such approval. The approval may include reasonable conditions which the board de~ermines to be necessary or appropriate to insure tha5 applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six (6) months, but may be extended for one (1) additional six (6) month period by the issuing board without the requirement of new public notice of hearing. A continuing or permanen~ land use authorized by a special exception approval which use is undertaken or begun during the period of validity of such approval shall thereafter be deemed a lawful use, as if the same were permitted by this chapter without the need for a special exception permit; provided, however, that: (1) Ail conditions imposed by the special exception approval shall continue go apply, unless by their express terms are of limited duration. (2) Ail conditions imposed on special exception approval uses generally or specifically-~by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the ~special exception approval. (3) The board which issues the special exception approval shall retain continuing jurisdiction over the same. Violations of conditions. A violation of any limitation or condition of a special exception approval~ or Of any provision or,this chapter applicable ~o a special exception use, shall constitute a violation of this chapter. The board which approves any special exception use shall retain jurisdiction, and shall have the right, after a public hearing, to modify, suspend or revoke much approval, or any ~erm or condition thereof, or to impose thereon one or more:new-conditions, all on the following grounds: (1) False s~atem~nts or mistake of material fac~. Materially false or inaccurate' statemenss in the application, supporting papers-or supporting testimony~ or ~gnorance or misunderstanding of a material fact by the board, which fact, had it been ~nown to the boar4=:at the timg of its review, would have resulted in a denial of the approval sought. J~NUARY 10, 1989 1 6 7 (2) Non-compliance with the terms, and conditions of such approval. Failure of the applicant-perm,tee to comply with any conditions or terms of the approval. (3) Activity beyond such approval. Exceeding the scope of the activity use or project as the same was '- described in the a~plication. Section 100-263. General Standards. No special exception approval shall be granted unless the board having jurisdiction thereof specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacen~ properties or of properties in adjacent use districts. That the use ~'will not prevent the orderly and reasonable use of permitted or legally established uses mn the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the;Town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and ma,,rial shal~ be readily accessible for fire and police protection. Section 100-264. Matters to be Considered. In making such determination, consideration shall also be given, among other things%, A. The character of the existing and probabl - development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. The conservation of property values and the encouragement of the mos~ appropriate uses of land. The effect tha~ the location of the proposed use and the locaLion~thaL entrances and exits may have upon the creation or undue increase of vehicular vraffic congestion on public ssreevs, highways, or sidewalks to assure the public safety. The availability of adequate and proper public or private water supply and facilities for the grea%men~, removal or discharge of sewage, refuse or other effluen~ (whether liqhid, solid, gaseous or otherwise) that may be caused or created by or as a resul% of t~e use. Whether the use or the materials incidensal thereto or produced thereby may give off obnoxious gases, odors smoke or soo~ . ~ Whether the use will cause disvurbing emissions of electrical discharges, dust~ light, vibration or noise. Whether the operation,in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other '' compeven5 governmenta~ agencmes. 168 JANUARY 10, 1989 The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to:,the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot wherein the use shall be located. I. Whether a hazard go life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used thereon for the convenient ensry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. Whether the plot area is sufficient, appropriate and adequave for the use and the reasonably anticipated operation and expansion thereof. Whether the use to be operated is unreasonably near to a church, school, theater, recreational areas or other place of public assembly. M. Whether the site of the propsed use is particularly suitable for such use. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. Whether adequave provision can and will be made for the collection and disposal of storm water runoff, sewage, refuse, and other liquid, solid or gaseous wasve which the proposed use will generate. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes, and without risk of pollution to groundwater and surface waters on and off the site. Section 100-265. Additional conditions and safeguards. In deciding on any application for a special exception use, the board having jurisdiction thereof may impose such conditions hnd safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. 29. Article XII, as renumbered Article XXVII is hereby amended to read as follows: ARTICLE XXVII 'Board of Appeals Section 100-270. Appointment; membership. The Town Board shall appoint a Board,'of Appeals consisting of five (5) members, as provided by Town Law. Section 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: JANUARY 10, 1989 169 Appeals. TO hear and decide appeals from and review any order~ requirement, decision or determination made by the Building Inspector. Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations~ the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed~ public safe~y and welfare secured and substantial justice done. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations. On appeal from an order, decision or determination of an administrative officer~ or on request of any gown officer, board or agency~ ~o decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement :specified or made under the provisions of this :chapter. (2) Determine the exac~ location of any district boundary shown of the building Zone Map. Section 100-272. Additional conditions and safeguards. In deciding any matter before, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. Section 100-273. Rules o~ conduct and procedure. The Board of Appeals shall, consistent with the law, de~ermine its own rules of conduct and procedure. Section 100-274. Fees. All applications ~o the Board of Appeals for any relief herein shall be accompanied by a fee of one hundred fifty ($150.00) dollars. ~ Section 100-275. Notice of hearing. Ao In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the proper~y which gs the subject of such petition, then written notice shall also be given to the owners of the property adjacen~ to such other proper~y of the petitioner. For the purpose of this section, the words "owner or "property owner" mean the owner as shown on the currenn assessmenv roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, , within five (5) days,preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notices in the form of a sworn s~atement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall ~'. contain the following information. 170 JANUARY 10, 1989 (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a.variance, special exception, special permit or other specified relief~ as the case may be. (2 A description sufficient to identify the property which is the subject of the petition. (3 The zone district classification of such property· A detailed statement of the relief sought by the petitioner. (5) The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement that within five (5) days such petition will be filed in the Southold Town Clerk's office~ Main Road, Southold~ New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition musv be held by the Board of Appeals of the'Yown of Southold before the relief sought can be granted~ that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than five ($) days prior to such public hearing. In lieu of complying with the provisions of this section~ written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. Failure to comply with the provisions of this section shall not affect the validity of any action taken_by the Board of Appeals. Article XIV, as renumbered Article XXVIII is hereby amended to read as follows: ARTICLE XXVIII Administration and Enforcement Section 100-280· Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and e-nforce the provis~.ons of this chapter and of the rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his assistant and deputy building inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts.necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans, submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as_is conferred upon them by law. ' Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken on each such complaint, which, records s~all be public records. He shall report to'~he Town Board, at intervals of not greater than three (3) months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. JANUARY 10, 1989 171 D. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. Section 100-281. Building permits. No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisi6ns of this chapter shall be null and void and of no effect wit. hour the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provis]_ons of this chapter shall be i. nvalid. Applications. Every application for a building permit shall contain the following informat~n and be accompanied by the required fee and each plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required~ prepared by a licensed engineer or land surveyor. If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building _permit application. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on Which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the buildin~ is designed to accommodate; and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, t~e lot or neighboring lots, as . may be necessary to determine that the proposed construction will conform to-the provisions of this chapter. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highwA~ as provided by Section 280-a of the Town Law. No building permit shall be issued for any building where the site plan of the building is subject to approval by the Planning Board, excep~ in conformity with the plans approved by the said Board. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. No building permit shall be issued for any building. until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. The building permit application md a~ supporting documentation shall be made in triplicate. Upon the issuance of a~ building permit, the Building Inspector shall return one copy of all. filed documents to the applicant. The Building Inspector shall, within (10) business days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial. Every building permit shall expire if the work authorized is not commenced within 12 months after the date of ~ issuance~ or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter~ a new permit shall be required. As soon as the foundation of a building or of any addition to an existing building is completed, and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey~ showing the exac~ location of such foundation with respect ~o the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. J. Permit fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or resumed to the applicant if the application is denied: (a) Single-family dwellings.:. (i) New dwellings and additions %o existing.dwellings; fifty dollars ~$50~) plus fifteen cents ($0.15) for each square foot of floor area in excess of eight hundred fifty (850) square feet~ (ii) Accessory buildings and additions and alterations to existing-~ccessory buildings: ~wenty-five ($25.) plus fifteen cents ($0.15) for each sqmare foot of floor area in e~cess of five hundred (500) squa~ feet. (b) Earm buildings and additions and alterations to ~ existing farm buildings: fifty dollars ($$0.) for ~ each building. JANUARY 10, 1BBB 173 (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings: (i) New buildings and additions and alterations to existing buildings; one hundred dollars ($100.) plus twenty cents (S.20) for each square foot of floor area in excess of one thousand (1,000) square feet. (2) (ii) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five dollars ($25.)~'plus fifteen cents ($0.15) for each square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: seventy-five ($75.). (e) Swimming pools, together with required enclosure fencing: one hundred fifty dollars ($150.). (f) All other structures (i.e., fences, etc.) and additions and alterations to such structures: twenty-five dollars ($25.). (g) SigDs: The fee for all signs, except signs permitted by ~ 100-30C (9) (a) shall be one dollar ($1.00) for each square foot of sign area~ with a minimum fee of twenty-five dollars ($25.). (h) Demolition and/or removal and/or relocation of any building: ten dollars ($10.) minimum and five cents ($0.05) for each square foot in excess of three hundred (300) square feet in floor area. For the purposes of this subsection J~ cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Section 100-282. Revocation of permit. The Building Inspector may revoke a building permit theret0fore issued and approved in the following instances: Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. Where he finds that,the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order by the Building Inspector. Section 100-283. Stop orders. Whenever the Building InJ~ector has reasonable grounds to believe that work on any building or strucvure is being prosecuted in violation of the provisoins of the applicable law, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of wbich a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property~ or the owner's agent or the person performing the work, to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing an~ shall state th~,conditions'under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. 174 JANUARY 10, 1989 Section 100-284. Certicicates of occupancy. A. A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor, to wit: (1) Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved, or any change in use of an existing building. (2) Occupancy, use of any change in the use of any land. (3) Any change in use of a nonconforming use. B. No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception approval or special permit, or for any land use requiring a site plan approval by the Planning Board, unless and until such special exception or special permit approval or site plan approval has been duly granted. Every cersificate of occupancy for which a special exception, special permit or site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject. C. Application for a certificate of occupancy on a form furnished by the Building Inspector for a new building or for an existing building which has been altered shall be made after the erection of such buiding or part thereof has been completed in conformity with the provisions of this chapser, and, in the case of a new building~ shall be accompanied by an accurate plot plan, or if not available,by a survey prepared by a licensed land surveyor or engineer~ showing'the location of the building as built. Such certificate shall be issued within ten days after receipt of the properly completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effec~ are complied with. D. If the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacan~ land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten days after receipt of a properly completed applica- tion. If a certificate of occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the fee hereinafter specified. Copies of such certificate will be issued upon the payment of the fee hereinafter specified. A certificate of occupancy shall be deemed to authorize and ms required for both initial occupancy and use of the building or land to which it applies. Go Upon written request and upon paymenv 'of the fee hereinafte~ specified, the Building Inspector shall,after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or no~ the same and the building confor~ to the provisio~ of this chapter. 31. A record of all certificates of occupancy Shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Town or to any persons having an interest in the building or land affected. Certificate of occupancy fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fees shall be paid into the general fund if the application is approved, or returned to the applicant if the applicatoin is denied: (a) Business buildings and/or business uses and additions and alterations thereto: fifty dollars ($50.). (b) New dwellings and' additions and alterations thereto: twentY-five dollars ($25.). (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.) (d) Pre-existing dwellings: fifty dollars ($50.). (e) Vacant land: twenty dollars ($20.). (f) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.) (g) Copies of certificates of occupancy issued five or less years ago: five dollars ($5.). (h) Copies of certificates of occupancy issued more than five years ago: ten dollars ($10.). Section 100-285. Penalties for offenses. A. For each offense against any of the provisiOns of this chapser or any regulations made pursuant thereso or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant~ builder, archisec~, con~ractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty -6f a violation punishable by a fine of not exceeding five hundred $500.) or by imprisonment for a period no~ to exceed fifteen (15) days~ or both. Each day on which such violation shall occur shall constitu%e a separate, additional offense. For a segond and subsequen5 conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or by imp~sonmen~ for a period not to exceed fifteen (15) days, or by both such fine and imprisonment. Section 100-286. Remedies. In case any building or structure is erected, constructed, reconstructed, altered~ repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwlse~ may be instituted or taken ~o p~event such unlawful e-rection~ construc~ion~ reconstruction~ alteration, repair, conversion, maintenance or use~ or to restrain~ correct or abate such violation, or to prevent the occupancy of said building, structure or land, oD to prevenv any illegal act,.conduct, business or use in or abou5 such ~remises. Article XV, is renumbered Article XXIX and Sections 100-150, 100-151 and 100-152 thereof are renumbered 160-290, 100-291 and 100-292 respectively. 176 JANUARY 10, 1989 Article XVI of Chapter 100, as added by Local Law No.l~, 1985, entitled "A Local Law to provide for a Moratorium in certain use Districts" is hereby repealed. Said Chapter 100 is hereby amended by adding a new Article thereto to be Article XXX to provide as follows: ARTICLE XXX Severability Section 100-300. Severability. Should any section or provision of this chapter be decide by the courts to be unconstitutional or invalid, such decision shall no5 affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 34. This Local Law shall take effec5 upon its filing with the Secretary of State. SUPERVISOR MURPHY: Now the Town Board will have a chance to comment. Ray? JUSTICE EDWARDS: Approximately six years, I think, Frank and I were the only ones that sat, and we went into the famous Master Plan. I have been in a quandary over the past couple of years. It's been changed so much since it first came out. There were so many things done to it, and no one has ever seemed to be completely happy with it. Today, when I came into Town Hall this morning, I had no idea which way I was going to swing with it, but the Fishers Island Conservancy, President John Thatcher, came up with four or five different line items, and he put them right on. There was no hemming and hawing. He didn't say he didn't like the whole plan. He said he didn't like these particular things~ So ~ -~e~ ~ack-a~d _f~rIh with them. We discussed them with the Town Board, and then I told the" Fishers Conservancy that actua]]y __ its the Fishers Island Civic Association, that I'm going to abide by their desires. So finally, about four o'clock this afternoon, I got fax message from the President of the Fishers Island Civic Association, and I'm going to read it into the record, .and what it amounts to, is I'm going to vote for the Master Plan with the under- standing that the other people that are voting for the Master Plan on this Board, are going to address these individual items that Mr. Thatcher from the Conservancy and the Fisher Island Civic Association are concerned with. This is the letter from Mr. John Mettler, who is the President of the Fishers Island Civic Association. To::the Southold Town Board. Fromm:The Fishers Island Civic Association. Dated: January 10, 1989. Re: Master Plan-'Zoning Ordinance. The Fishers Island Civic Association feels that the descriptions in the Zoning Code of several of the Districts are improper for Fishers Island. We feel very strongly that certain changes should be accomplished before the Master Plan with its zoning ordinance is approved. However, we are told that not to approve the current wording of the Master Plan, with the attached zoning ordinance in its current form, would be doing a great disservice to the Town, involving changes that could delay the long overdue Master Plan for as much as a year. Recognizing the value of the Master Plan to the Town and its Planning Board therefore, we have told our representive on the Town Board that if in his considered judgement the advantages of finally getting the Master Plan passed outweigh the disadvantages of having to immediately start correcting the wording in the zoning ordinance, we would support his decision. We give this approval based on Ray Edwards' and Frank Murphy's assurance that they will immediately start the process of correcting the descriptions in the Districts to conform with John Thatcher's Fishers Island Conservancy letter of 1/2/89, (enclosed) page 2 paragraphs c and d, and that these corrections ~ will be made as soon as the process can be completed. We are assured that this process can be completed and the new zoning descriptions can be put into effect in a matter of a few months. We thank the Board for their continued interests in supporting the I~est interests of Fishers Island. Sincerely,John W. Mettler, President Fishers Island Civic Association. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. ED SIEGMANN: Point of order, Mr. Chairman. If this is being done for one individual to vote in favor of something, then why can't we get the same assurance that the problems that we're trying to get resolved will be taken up by the " Board, also? ' SUPERVISOR MUPHY: into the record. Thank you, Ed. This is Ray Edwards reading a statement JANUARY 10, 1989 177 ED SIEGMANN: The way it reads to ,me, if I understand it correctly, I wish you would correct me if I'm wrong. Ray Edwards said that's he's going to vote in favor of this, the passage of the Master Plan, under the conditions that these problems that he raised will be taken up by the Board. Now I'm saying to you, that if a Councilman, who has the right to vote on whether this plan should be accepted or rejected, if a commitment is made to him, and it influences his vote, then I ask you that give the same priviledge to the people that are saying that there's something wrong, and tell them that you will adjudicate their problems, or at least you will take their problems up, that they're trying to get passed. And, I don't think that's no more than fair. SUPERVISOR MURPHY: Ed, I've said that many, many times, and many Town Board members have said that, many times. We've said that many times that we intend to do just that, and honor a commitment to anybody, anyone who has a legitimate fault, concern, with the proposed Master Plan, we would be very happy to. What we've been trying to explain is we're talking about a period of time that goes back to about mid 1987, where this process that we're voting on today is coming from, and we can not change that at this time. We could change it after its adopted, and we've made that commitment to many, many groups, who have concerns on it, that we will sit down in Code Committee. We will sit down with individual group and discuss at any time, any proposed code changes or local laws that they would want in this Town. That's what we're here to do, and that's what we're doing. ED SIEGMANN: Then you're,~elling me now, that as far as our problem with the Norris/Carr proposition, that the Board will take this up to try to adjudicate it? SUPERVISOR MURPHY: Exactly. We've been doing this for quite a few years. Ellen? COUNCILWOMAN LARSEN: I'm going to quote directly from an excerpt from the Supreme Court decision that upheld the town r&:Jht to allow multi-family use on the Norris property. It says, while stability and regularity is undoubtedly essential to the operation of zoning plans, zoning is by no means static. Change, or changing conditions call for changed plans, and persons who own property in a particular zone, or use district, enjoy no eternally vested right to that classification, if the public interest demands otherwise. Accordingly the power of the Town to amend its basic zoning ordinances in such a way to reasonably promote the general welfare cannot be questioned. Just as clearly, decision as to how a community shall be zoned or rezoned, as to how various properties shall be classified or reclassified rest with the local legislature body. Its judgement and determination will be conclusive beyond interference from the courts, unless shown to be arbitrary, and the burden of establishing such arbitrariness is imposed upon him who asserts it. Close quote. The Master Plan zoning districts are now to increased to 16. Commercial and industrial zones are increased around the Cutcho§ue Landfill, allowing an additional 57 acres in this zoning classification. 221 acres are transfered from commercial zone into 2 marine zoned districts. Marine 1 designated for water dependent uses, and Marine 2 which will allow water dependent and non-water dependent uses on waterfront sites. There are 9 M-1 zones according to my count, and I9 M-2 zones under the Master Plan zoning ordinances. Resident,ial acreage which includes Fishers Island is determined to be a 32,241 acres under the the proposed new zoning law, which is a decrease of 134 acres in our present ~oning. Recreational zones are included in the residential acreage yield. This zone is located on waterfront parcels with allowable densities of one unit per 4,000 square feet, or 8 units per acre with public water and sewage, and one unit per 6,000 square feet, or roughly 6 and a half units per acre without public water and sewage. Marine 1 and marine 2 zones are currently operating as boat yards, marinas, docking facilities and commercial fishing enterprises. The marine 2 zone, as well as the resort recreational zone allow densities greater than those that were allowed under quarter acre zoning before the Town went to a two acre zone. The land use zoning for marshes should reflect the role of flood, water storage, wildlife habitat, and fish spawning grounds. The marine 2 and resort recreational zones diminish the primiar role of a valuable public resource. Increasingly the fifty flood plain has been excepted as the area from which all development should be excluded, save for the functions that are unharmed by flooding. As evidence by several minor storms that frequent the coast of Southold Town each year, thereJ~y increasing the high water level by-approximately three feet on a regular basis, the proposed M-2 zoning and the proposed zoning, current proposals that we see right now, such as Marina Bay Club, the Cove, and the original $outhport concept at Sages, all required filling of the upland area to excede the fifty year flood plain limit. We are ~old by the DEIS that we can mitigate pollution in these areas, if we contain our road water runoff. 'l~f we minimize the surface drainage and we prevent it from entering into the creeks, if we set our bulkhead limits in the M-2 zones. To allow transient hotels and motel use on a,n environmentally fragile creeks, we'll eliminate the habitat basically. With all the proposed mitiga- 178 JANUARY 10, 1989 tion measures currently there are no regional guidelines to provide for pump-out facilities, thus most marine waste will be discharged directly into the waterways. We can look at Mattituck Inlet now, Sterling Cove, Gull Pond, James Creek, Mill Creek and see not look ago, that these prolific wildlife areas are now polluted and their futures are very questionable. There will be an increase in requests for dredging to increase the moveability of these boats, and considerable loss of shellfish habitat and other habitats in the Town. Two hundred years ago when the United States was founded it was a wilderness area, and nature was man's central theatre. Many of us still do hike, swim, fish, birdwatch, paddle canoes in the creeks, and sail by the wind. We can't help grinning at least for a moment at the sight of a heavy surf, or sunlight on a meadow. This is the thoughfulness, because our nature predates thought. Yet, nature d~spite its faces in science usualy brings with rhapsody as well as the belief that nature itself is an expression of God. As a Town Councilwoman, the public has repeatedly spoken to me against the high density development in our fragile creeks along our shorelines. I for one, will not a voice in a aye vote to dismiss the heritage of the people of the Town. Outside of my objections, which some say may be based on ae~ ~'~!~ticsor sentiment, preliminary anal~_si~ in our DEIS shows that this type of development can have a devastating affect on upon the realization of the full potential of our area. A few will make a great profit at the expense of many who will incur a loss. The natural process of topography, subsurface geology, surface and ground water limitations, flood plains and wetlands vegatation have all implications to constrain development due to their susceptibility to despoil,and the restraint and opportunities incurrent in this landscape. The Master Plan zoning amendment do not provide with continuity of our past heritage and our accomplishment into the future goals of the Town. I read a phrase recently, and I think it sums up what we fail to acheive on.a preliminary basis. Slowly nature will recede replaced by growing island development. We will have eliminated the natural beauty, deminished rare cases of excellence, both historic and modern. For this is a characteristic pattern by those who escape to the country, are encased with the faceless suburb noplace, somewhere USA. The hamlet designation will allow hamlet density designation, will allow according - to the Greenport Water Utility figures an additional 1,700 units in their franchise area. Although this has not been incorporated, as yet; into the zoning, the DEIS suggests that, I quote, a upper limit of 10 or 15 per cent of the number of existing single family dwellings to be set as a policy limit on the stock housing for this multi-family housing zone in each hamlet. No sinqle development application should exceed 100 units, or more than one half of the hamlet's maximum limit, which ever is smaller. Should this plan be passed, this should be immediately adopted. This should be adopted before the plan is passed. We need a water overlay district immediately,, oppose ~t½~: core watershed area, conservation measures and performance standards recommended by the Water Advisory Council should become an immediate amendment to the code- to the zoning code, and should be adopted before the Master Plan is passed. A special groundwater protection district within the LIO, industrial zone, pursuant to the State Pollutant Discharge permit, SPEDES permit, needs to be incorporated into the industrial zone of the core watershed area. This is also recommended in the DEIS. Agricultural districts, which mandate clustering, which is positive aspect of the Master Plan, however, there is no provision made to insure the future of farming. The plan calls for the formation of home owners' associations to manage the open space. I have proposed and suggested that the cluster development based on the general soil characteristics of the Town of Southold, this outlines the agricultural capability of the soil and as the open space in these subdivisions can provide land to be dedicated to the Town, to lease to the farmers now dependent on leasing land for their livelihood. Tree conservation,namely clearing, is not addressed in the proposed zoning amendments. Too many Boards before us have failed, have looked at the immediate future picture so for too many things, it's too late for the big picture. The farming industry is struggling. The fishing has no natural sets of shellfish since the onset of the Brown Tide, and its gasping a hard breath. What we have now is a township dependent on the tourist trade, and the second home industry. Let us realize that tourists only come, and people build their houses where there's clean water to drink, arid clean water to swim in. We can now allow condos on our shorelines, strip stores and industry on our maior highways. But in years to come, if we don't guarantee a clean, safe environment we will not only have lost our fish and our farms, but we'll also lose our tourists and year round residents. Our options are now slim. Let us not,in our haste, adopt a plan without the essential neccesary amendments ir~ place beforehand as many of the provisions, also limit individual homeowners rights, and put us all in neat tidy catagories. Let us not in our haste .to adopt this plan, dig our own graves as well. SUPERVISOR MURPHY: Thank you, Ellen. Jean, would you like to comment? COUNCILWOMAN COCHRAN: Yes, I would. A concern that's been expressed over and over again, is that this Master Plan update is cut in stone. I would like to share with you, that the Southold Town government, formally began a planning process for the development of Southold. It's a creation of a Planning JANUARY 10, 1989 Board in April of 1955. This Board was als0. named as a zoning commission, charged with the preparation of a proposed zoning ordinance. In reality Southold had certain land use controls before the Planning Board was set in their duck farm ordinance, which was passed in '49, and a trailer ordinance, which was passed in '53. Proposed zoning was adopted on April 9, 1957, a two year period. It was amended April 8, 1958. Things still ~did not stand still. The Town continued to call for studies and information to aid them in preparing for changing conditions. In '65, a social analyist of $outhold Town. '67, outdoor recreation commercial fishery. '63,agriculture as land use. '67,Town of Southold investigation of water resources. '70, a survey of agriculture in Southold Town. '73, Town Board authorized the code book resulting in revision and clarification of foregoing actions, as well as all Town ordinances, local laws, rules and regulations of a permanent nature. The Planning Board has been given permission to approve cluster develop- ment. Two acre zoning was put in place. Most portions of the original proposed zoning ordinance plan was incorporated into a development plan in '78. My point. A Master Plan, a Master Plan update, its revisions is a living breathing instrument. Its comprehensive planning. It should be reviewed yearly. It changes as conditions change. It is not carved in stone. I compliment the Town Board in the early 1980's for having the foresight, because of development pressures and concern for Southold natural resources, including water. They felt it was time to update the present Master Plan. Six years later the process is still going on, and its still with us. Overall its a good plan. Yes, it has defects. I would like anyone to find me a Master Plan in any city, town in the United States that is perfect. The Planning Board must continue to watchdog the changing condition, to update the Master Plan. I think my point is, and I'm voting to put this in place. I think it's long overdue. I think there's more injury with it not being in place, but I have listened. I truly concerned with some of the concerns some of you have. I have said from the beginning that I will make myself available at any time to discuss the problem, and look at possible new solutions. It's important to put this in place, so that the Planning Board has an instrument, an updated instrument to work with, and its important for the Town Board, ~- along with the Planning Board to address som~ of the concerns that have been presented to us.. Thank you, Frank. 179 SUPERVISOR MURPHY: Thank you, Jean. George, do you have a comment? COUNCILMAN PENNY: Yes. I've been on the Town Board now, for three years and one month. And for three years and one month I've been dealing on a monthly basis, and most cases a weekly basis, with the Master Plan. We have been approached by groups concerning every cross section of $outhold Town. We have considered all of the environmental, economic, ecologic, and socialogical concerns of these groups. Many of these groups are not here tonight, because they feel that we have already responded to them. They're happy with what they have. Unfortunately, there isn't room in this Town Hall for everybody to come out at this time. But we have dealt with every one of these, and maybe not every one of them we've handled as well, as some of the people feel, but we've given it our best. We are the fourth Town Board to be addressing this Master Plan, and it would be, I feel it would be a sin at this point to throw out the thousands of dollars, and the thousands and thousands of hours, of input by the community members and by the Town Boards at this time. ! was accused two years ago of holding up the Master Plan, and now I'll probably be accused of pushing the Master Plan, but I feel now the timing is right. Two years ago, there was a major flaw in the Master Plan, which I identified and it took approximately three to four months-before the Town Board could be con- vinced to change it. But this one of the concerns were it took away the property right of individuals that wanted to build because most of the residences in Southold Town where to become non-conforming. That was a battle. It was entered into the last election. It was-why are the Republicans holding up the Master Plan? Well, that's the reason. To make it right. But I feel right now, we've done everything that we possible can to make it right. It's not perfect. It never will be. The zoning that we have in place, right now in our code book, is not perfect, and that is why we have the Code Committee. The Code Committee is working on a monthly basis to update our zoning. The Master Plan will fall right into that catagory, questions that will come up on the Master Plan will fall into catagory immediately following the passage of the Master Plan. But the timing is now. We can't go on forever, because a lot of Southold is passing through the sieve while we're doing this. The Planning Board comes to us on a regular basis with concerns about businesses and business property, and development that will be closed by. this Master Plan. Applications have 'been issued in these areas. One case in point is one that was brought to our attention today, where an area that is going to be changed from C-1 light industrial to R-~0 hamlet business. There were preliminary plans in for a marina, a marina complex in that area. All of these are allowed if we don't do something. So as far as I'm concerned, We've done everythiB:g that we can' possible can, and the time is now. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth, you have a'comment? 180 JANUARY 10, 1989 COUNCILWOMAN OLIVA: Yes, thank you, Frank. This has been a very difficult decision for me. I have supported the concept of updating this Master Plan since it was first presented by the Planning Board back in 1981-1982. I served on the Master Plan workshop committee. I, along with the League of Woman Voters and the Town 13oardr took preliminary plan around to each of the hamlets to explain the whole program to the people. I have hoped that this zoning im- pletation would reflect the goals and objections of the Master Plan update. I have reviewed the map time and timer again. I have compared this Master Plan update map to the present zoning map. I can only come away with one conclusion. It is this Master Plan update map, is merely a legalization of what is already there. Plus it adds with the marine one and two designations to our very fragile wetlands, to the waterways, which we know are contaminated. We do not know the cause and effect of these pollutions, or of the Brown Tide. There is a whole zoning proposed for the four lane, where the four lane and the two lane meet in Mattituck. It's going to be a very dangerous traffic situation. Another dangerous traffic situation will be in the resort, residentual area in Southold going up iust to the nursing home. We have, also, put a great deal of extra pressure around the village of Greenport. The utilities are stretched beyond limit now r and~it will be years I think before they can catch up. ~ have deli- berated long and hard. I wanted to see this go very badly, but my conscience will only let me vote no. Thank you. SUPERVISOR MURPHY: Thank you, Ruth. Ray Edwards and I have been the two that have been around the longest on this, and, Tom, yes, I do care. I do think that most all of the Town Board members, the four Town Boards that Ray and I had the privilege of serving with, cared, also. 'We care about Southold Town. This Master Plan is not a bad instrument. It goes a long way to addressing some of the original concerns why we came about needing a Master Plan. It addresses them very well. We are limiting density much better than what our present code is. We are limiting the spread of business districts beyond where they are now. We have transition zones, which will work. As I've said to many, many people, we're not talking about'today. We're talking about eighteen months ago, when~this process that we're voting on started. We can not change anything or we have to start the whole process over, again.- We've passed approximately twenty-five local laws that will effect our code in this period of time that are going to be wiped out. We know this. We're going to have to start the process immediately to put them back in, because that's what we want to do. This is the only way you could intelligently do it without delaying further and further the implementation of this Master Plan, and I'm convinced and I hope everybody else is, that the longer we wait in putting a Master Plan in place, the worse damage you're going to do. We care and I think there's been many areas of concern. We talking about this M-1 and M-2 district. I don't think there's been any part of the Master Plan that has been talked about, worked out with various people, invironmentalists, with the industry people, to come up with a solution. We do need marinas in Southold Town. It's a part of our life. The fishing industry is a part of our life, and that's what the whole idea of the Master Plan was to preserve our way of life out here, which was agricuture, tourists, and fishing. This is what we tried to accomplish, and I'm very happy that this day has finally come. I thought we would have it three, four, five years ago, but unfortunately we didn't, and I'm very happy that it is now r and I could guarantee you a lot of work has gone into this, and yes, Tom, we all do care. So at this time, Judy, would you take a vote. 28.-VOTE ON RESOLUTION NO. 28 - "LOCAL LAW NO. 1 - 1989": Vote of the Town Board: Ayes: Councilman Penny, Councilwo.~an Cochran, Justice Edwards, Supervisor Murphy. Nos: Councilwoman Larsen, Councilwoman Oliva. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is to set a public hearing on a proposed "Local Law in Relation to Garbage, Rubbish & Refuse". 29. -Moved by Councilwoman Cochran, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitl'ed, "A Local Law in Relation to Garbacje,Rubbish & Refuse", now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, February 7, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc, l on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in relation to Garbage, Rubbish & Refuse BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 48 (Garbage, Rubbish &-Refuse) of the Code of the Town of $'outhold is hereby amended as follows: lo, 1,8, 1 8 1 A. Any person committing an offense against any provision of this chapter, shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding one thousand dollars ($1,000.), or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. II. This Local Law shall take effect upon its filing with the Secretary of State. 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 a resolution to approve a bond amount for the major subdivision Chardonnay Woods. 30.-Moved by Councilman Penny, seconded by Councilwoman OliYa, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $403,380.00 for a bond for roads and improvements in the major sub- division of Char'dannay ~/oods, ali in acccr:l:]nce with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engi- neers. 30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is to approve a bond amount for a minor subdivision of Charles Simmons. 31 .-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town ~f Southold hereby approves the amount of $219,507.00 for a bond for roads and improvements in the minor sub- division of Charles P. Simmons, all in accordance with the recommendation of the Southold Town Planning Boad and Sidney B. Bowne & Son, Consulting Engineers. 31.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is approve a bond amount for a major sub- division of Elijah's Lane Estates, Section III. 32.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $169,160.00 for a bond for roads and improvements in the major sub- division of Elijah's Lane Estates, Section III, all in accordance with the recommen- dations of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is a budget modification, General Fund, Whole Town. 33.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 1988 Budget Modification to the General Fund - Whole Town for C.A.S.T. To: Z4210.4 Drug Counsel, Contractual Expenses $10,000.00 From: A8160.1 Refuse & Garbage, Personal Services $10,000.00 33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is to authorize additional lighting for Town parking field in Mattituck. 34.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Superintendent of Highways to place additional lightin9 in the Town parking field on Sound Avenue, west of Love Lane, Mattituck, at a cost not to exceed $2,500.00. :-"~ 34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was deciared duly ADOPTED. 1 8 2 JA.UARY 10, 98, SUPERVISOR MURPHY: Number 35 is to authorize Garrett Strang to conduct an energy audit of Police Headquarters. 35.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal and authorizes Garrett A. Stranc~, R.A. to conduct an Enercgy Audit of the Southold Town Police Headquarters, at a cost not to exceed $3,000.00. 35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 36 is to grant Patrick Haggerty a six month leave of absence. 36.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby grants Highway Department employee Patrick D. Hacggerty a leave of absence for medical reasons; said leave not to exceed six (6) months from this date; and be it further RESOLVED that the Town Board hereby determines that the medical insurance of Patric~ D. Haggerty shall remain in effect and shall be paid by the Town for the first three (3) months of his leave, abter which Mr. Haggerty shall have the option to remain under the Town's group coverage by paying the monthly premiums himself 36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards; Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 is to authorize the advertisement for custodial work in number one. 37.-Moved by Councilwoman Cochran, seconded by"Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates the part-time position of Custodial Worker, sets a salary of $6.2,5 per hour, and authorizes and directs the Town Clerk to advertise for resumes for said position. 37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 38 is to create a position of Planning Aide and call for the civil service list. 38.-Moved by Councilwoman Oliva, seconded by C~ouncilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Supervisor to request a Suffolk County Department of Civil Service Certification of Eligibles List for the position of Plannin9 Aide, at a salary of $19,500.00 per annum. 38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 39 creates the position of a Planning Trainee, and advertise for resumes. 39.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Planninc~ Trainee, sets a salary of $19,500.00 per annum for said position, and authorizes and directs the Supervisor to request a Suffolk County Department of Civil Service Certification of Eligibles List for said position. 39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: Number 40 create the position of Town Engineer and call for a Civil Service list.. 40.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold I~ereby creates the postion of Town Enqineer, sets a salary of $30,000.00 per annum for said position, and authorizes and directs the Supervisor to request a Suffolk County Department of Civil Service Certification of Eligibles List for said position. 40.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ SUPERVISOR MURPHY: That's the end of our prepared and added-on agenda, and at this time, I'd like to ask if there are any Town Board members if they have anything further to say. I doubt if anyone can. 10, ,989 1 8 3 COUNCILWOMAN OLIVA: No, thank you. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Just that comments were made today, and they have been made in the past, that Southold Town is bowing to west end pressures, and the idea that we're going to look like the west end. Well, I challenge any- body to show me a town on the west end, that has the open space, the two acre zoning to the intensity that we do. We will not, and have not bowed to the west end. As far as bowing to developement pressures, all you have to do is read your local papers on a weekly basis, and you'll see where developers are completely frustrated and leaving this area. So I think that the Town Board has made a good move, and I think we've done it at the right time. Thank you. SUPERVISOR MURPHY: COUNCl LWMAN PENNY: SUPERVISOR MURPHY: I might add, mandatory clustering, also. That's right. Jean? COUNCILWOMAN COCHRAN: Nothing at this time, Frank SUPERVISOR MURPHY: EHen? COUNCILWOMAN LARSEN: Nothing. SUPERVISOR MURPHY: Raymond? JUSTICE EDWARDS: Nothing, thank you. SUPERVISOR MURPHY: Anyone in the audience like to address the Town Board? John? JOHN J. NICKLES: Thank you, Frank. I'm John Nickles. I'm speaking, just and solely as a former Town Board member. I was here in 1982, September, when this process began. I congratulate you and your Board for finally bringing it to a conclusion. I think it's going to go a long way to try to keep Southold the way we want to keep Southold. Thank you. SUPERVISOR MURPHY: Thank you, John. Anyone else? Ronnie? RONNIE WACKER: I'd like to point out just one thing. Jean, when you said that there where updates. I agree. COUNCILWOMAN COCHRAN: This is an update. Yes. RONNIE WACKER: Things need to be updated. Only ordinances were inacted. Everybody felt that this was a good thing. They believe that the ordinance that was being enacted was for the benefit of the Town. In every way, as good as it could be made. But in this case, everybody on the Town Board feels that this is not the perfect instrument. That it is not as good as it could be. I think that this is the wrong attitude with which to enact. COUNCILWOMAN COCHRAN: I differ with your opinion, Ronnie. As far as I'm concerned, you will not find a perfect Master Plan anywhere in the world. This Town Board has worked deligently and we feel that we've done the best as this time without disrupting the process, and as we've said to you, many of us, time and time again, this is not carved in stone. All Master Plan updates contigent to change, and you must watch your conditions, and change along with them. And that is my opinion. Thank you. RONNIE WACKER: I accept that. I was only pointing out, that it seemed that other ordinances, when they were enacted were thought to be the best. When the one acre zoning took place we thouc3ht it to be the best. When the ordinances that you mentioned, where enacted, everyone agreed that it was the best that could be done. And later they realized, well, there were things that were wrong with it. COUNCILWOMAN COCHRAN: That's why it's flexible and allows you to make those changes. RONNIE WACKER: but in any case, this. I feel-that,this we are all very uneasy about. Many problems, I just wanted to say, we wo'~ld be able to work with you on 1 8 4 JANUARY 10, 1989 SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board? (No response.) If not, a motion to adjourn. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:30 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.