HomeMy WebLinkAboutTB-11/01/1988382
SOUTHOLD TOWN BOARD
NOVEMBER 1, 1988
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W- Edwards, Councilwoman
Jean W. Cochran (A.M, session only--ill in P.M.), Councilman George L. P~enny IV, ~
Coun¢i.l, woman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk J~dith T.
Terry~ Town'Attorney James A. Schondebare (10 A.M;). '
9:00 A.M. - With Water Advisory Committee members Robert Villa, Mark McDonald,
William Gremler, James Monseli, Frank Bear (Chairman), and Walter Smith'in attend-
ance, Mark McDonald made a presentation 'to the' Board on the proposed Core Water-
shed Protection Area, a report prepared by a subcommittee consisting of RObert Villa
and Mark McDonald. Mr. MCDonald reViewed previous watershed protection studies
designed to utilize the groundwater divide:in the areas of deepest recharge, since
water quality is the most ,difficult problem for the bulk of the Town. The proposed
area ~uns along both sides of Route 48 between Mattituck and Southold, with two
smaller areas near' Laurel Lake. He emphasized that creating a Watershed protection
Area without measures to ensure the quali!ty of water within the area would be a
hollow ac~tion, therefore there must be'~e~'~lations to promote and maintain a high
waulity water supply. Ownership of the l'and by the Town is the ideal solution, but
financlally'unfeasible, therefore regulation!s to cluster and transfer of development
rights, is !PrOposed. Creation of ,~ , zoning districts is also proposed: Water
Protection Zone, Clustering Zone ,and" of Development Rights Receiving Zone.
water Advisory commitltee that he does not subscribe
to the While Councilwomen Oliva and 'Larsen
were completely Councilma .pposed ~h9 plan, stating,~ tha~ the Town
should establish four twenty acre ~ erve as recharge areas for 'wells. He also
questioned whether~ farmers aren't bei~ out. The ~/~C will continue their .
studies and return to meet with the in the near future.
10:I5.A.1~I. - Joseph Fischetti.and Steven Fuchs, owners of a proposed maj0r sub-
division '!The Woods at Cutchogue", met With the Board to discuss the amount of
mOney, to!be depos, ited in lieu of land for park and playground. Thev ooir~ted out
that tl~ey! have revise~t their Cluster cOncePt for the sub~iiv sion, thu~ p'roviding
for a ']2 Acre parcel olf and to be dedidat~ to the ToWn. ~l'-he Board agre~ to
accept' $~,800 ~n lieu Of park and playground (See res0lutl~on no. 18)'.
10:30 A.M. - Town Attorney Schondebare informed the Board that the Cos~ello
affordable housing project at the corner of Moores Lane and Route 48, Greenport,
has been abandoned due to their inability to obtain server lines from the Village
of Greenport. Mr. Schondebare informed the Board that in accordance with the .
AHO regulations the property now reverts, back to its former zoning which is "M"
Multiple Residence District.
10:40 A.M. - Plannin9 Board Chairman Bennett Orlowski met with the Board to review
certain Planning Board needs: additional office space; a Site Plan Ordinanc. e; regula-
tions regarding sand leaving Town as has been happening with certain subdivisions;
the need for a coordinator between the Plannin9 Board, Building Department, Board
of Appeals, etc.; duties of a proposed Town' Engineer; the manner in which the
Planning Board handles their applications--meeting with the public only at regular
meetings. In the past the Board had met with the public on an info'r~al w~eklY
basis, but were only able to handle four. to six applicat ons. They now. meet with
Planner Valerie Scopaz to review ~he applications anci can handle ~0-80 per session,
after with Planner Scopaz relays the Board's recommendations and ~lecisions to :the
applicants.
11:05 A.M. - Edward Dart, Chairman of the Tree Committee, met~with the Board to
bring them up to date on the work of the committee, who have been, working for the
past 12 months to.develop a'Tree Ordinance . They have' now developed,apro~ject
to f nd o d and historic trees and compi e a~ nven~ory of them, as asked f~r the
Board's permission to put adVertisement: °f sam~ .in the local newspaper?-g~anted.
Mr. Oart also briefly discussed a proposal for tree work and pruning, an annual
Arbor Oay, and possible fund raising for a tree planting program.
11:40 A.M. - John deReeder met with the Board to discuss the Bed and Breakfast
regulations. He feels the permission to have a bed and breakfast, granted as a
Special Exception by the Board of Appeals, should terminate upon transfer of owner-
ship, and a new owner must apply to ~he ZBA if they wish the same use. Town
Attorney Schondebare advised Mr. deReeder that he wrote the bed and breakfast
provision of the code and the intent w~s to be owner occupied and the bedl and
breakfast would be subordinate.
, 88 383
EXECUTIVE SESSION
12 Noon - Town Attorney Schondebare and Assistant Town Attorney Berntsson met
with the,~Board to, discuss litigation.
:50 P.M. - Recess for lunch.
2:30 P.M. - Board began auditing bills.
2:45 P.M. - George Oesmarais, P.E., and Mike Tumulty, P.E., Holzmacher, McLendon
and Mur~ell, P.'C., and Paul Roth and Dan Morganelli of the New York State' Depart-
ment Of Environmental Conservation, met :with tl~e Board to discuss the. proposed
expansion of the Cutchogue Landfill in respect to the revised 6NYCRR Part 360
regulations, and the hydrbgeOlogic investigation ad the landfill site.. Mr. Roth
advi.sed the Board that Unc~er tl~ new regulations` landfills may only exist if they
receive by products of resource recoverty or-composting. He informed them that
the proposed 10 acre expansion would seriously affect the water table in the 'area,
thus would, not be permitted, unless a double liner is 'installed, the cost of which
is astronomical. The proposed composting facility wil'l not be affected by these
new r:egulation s.
4:I0 P.M. - Richard Israel appeared before'the Board to ask if a traffic study,
compiled by his consultant Merlon Wiggin, would be acceptable for the OEIS with
respect to his Affordable Housing change of zone petition. One engineering firm
said such a study would take about two months and cost $8,~00. [t;was suggested
Mr. Israel try other firms.
4:30 P.M. - Board reviewed regular meeting resolutions.
4:45 P.M. - Completed auditing bills.
5:00 P.M. - For Discussion Items: (I) Receipt of a letter from Florence Grippe
requesting the restriction of the use of Water scooters in tow. n waters. (2) Discussion
relative to the amount to b.e deposited with the Town in lieu of land for Park and
Playground purposes by the owner of Chardonnay Woods major subdivision---(see
resolution no. 27), (3) Approval of expenditure for an East End study of a trash
disposal system (see resolution no. 26).
'5:10 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meetincj, of the Southold Town Board was held on Tuesday,
November 1, 1988, 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 to the Flag.
Present:
Absent:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen rvI. Larsen
Town Clerk Judith T. Terry
Councilwoman Jean W. Cochran
SUPERVISOR MURPHY: The first order of business is an approval of the
audit ot the bills of November 1, 1988.
Moved by Councilwoman Oliva, seconded by Justice Edwards,'it was
RESOLVED the the following audited bills be and hereby ordered paid:
General Fund, Whole Town bills in the amount of $78,3~1.74; General Fund,
Part Town bills in the amount of $35,413.28; Highway Department, Whole
Town bills in the amount of $10,680.25; Highway Department, Part Town
bills in the amount of $4,734.34; Highway Fund, CHIPS bills in the amount
of $28,892.62; West Creek Estates Road Improvement District bills in the
amount of $89.70; Southold Wastewater District bills in the amount of $16,070.22;
Fishers Island Ferry District bills in the amount of $9,469.54; Fishers Island
Ferry District, ~gency and Trust bills in the amount~of $318.0I; Nutrition
Fund bills in the amount of $4,107.93; Adult'Day Care Program bills in the
amount of $408.92; Home Aide Program bills in the amount of $146.32; SNAP
Program bills in the amount of $3,014.35; Computer Capital Account bills
in the amount Of $66,724.00; Community Development Fund bills in the amount
of $103.32
Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution ,was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution approving the minutes of the
Town Board meeting of October 18, 1988, the special meeting of October 25,
1988, and the special meeting of October 27, 1988.
Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED the the minutes of the regular Southold Town Board meeting ~eld
on October 18, 1988, the minutes ofthe's ~thold ToWn Board megting
held on October '25, 1988, and the ~ I'thoId Town Board meetinc, t ~elci
on October 27. 1988 'be and ' '
Vote of.'the Town Board; A' : Councilwoman Larsen COuncilwoman Oliva,
-,COuncilman Penny, Ju,. 'Su
This resolution wa., _ ~.~.
SUPERVISOR MURPHY: ,Next is a resolution setting the-next meeting date
for' November 1:57 1988, 7:30 P.M,
Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that the next re~]ular Southold Town Board meetinc~ will be held
at 7:30 P.M., Tuesday, November 15, 1988, Southold Town Hall, Main Road,
Sou~hold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, JuStice Edwards; Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS
SUPERVISOR MURPHY: The first item on the agenda are Reports. These
are on file at the Town Clerk's Office.
1. Times Mirror Cable Television report for October, 1988
2. Town Trustees monthly report, October, 1988.
3. Recreation Department monthly report, October, 1988.
4. Town Justice Price, monthly report for September, 1988
5. Councilmen's Reports. At this time I would like to ask any of
the Councilman if anything special to report, starting on my right with Ruth.
COUNCILWOMAN OLIVA: Thank you, Frank. On Wednesday, October
19th, Don Dzenkowski, our Bay Constable is very kind and took out our
Planner Valerie Scopaz, and the people from the State on the Water Revitali-
zation Program, Peter Walsch,' and we went out and we looked at Richmoncl
Creek, Corey Creek, Town Creek and Jockey Creek to familiarize the State
people of what our Town looks like from the water. It was a most rewarding
trip and it was very interesting. It brought them up to date on what's
going on. On October 19th, we had a Police Committee meeting with the
PBA. On October 25th, we had an inla~ Committe~, which the
chairman will report on, we also spoke about the budget. On October 26th,
we had a Budget Committee meeting, and also we spoke about the Landfill,
and we had a full Landfill Committee meeting on the 27th, and we also discussed
the budget. On O~e-~ ~o had a Police Committee meeting. I
thank you, Frank.
SUPERVISOR MURPHY: George? Thank you, Ruth.
COUNCILMAN PENNY: On the 19th, I attended the meeting of the Police
Committee. We're negotiating a two year contract with the PBA. On--~-~-
z~th, we l~ad a budget meeting. On'the 26th, we had a Landfill meeting,
we're discussing dump fees, in anticipation of putting in some revenues
from the Landfill in the Budget to help reduce taxes. On the 27th, we
had a meeting Landfill again, with H2M, and we discussed some of the proposals
that have come into us for our composting system. On the 31st, met with
the Police Committee, again, with the Chief of Police, and we discussed a
new Boston Whaler, 25 footer, for next year to cover the Long Island Sound.
We're going to send for a list for a Bay Constable, We'regoing to replace
a part-timer with another full-timer, and we got into other discussions on
the contract. Somewhere along the, line I missed mentioned that we had
three days, back to back, of Bud~let meetinqs, which were very-productive
in a long run. We were able to reduce the Supervisor's Proposed Budget
from 17~'° to. somewhere around 10~,'° and we did itmainly by increasing
fees and by reducing some of the insurance costs tha~' we were anticipating
having to spend on next year,~ and we also reduced the New York-State
Retirement, the unbilled retirement. And that's it; Thank you.
SUPERVISOR MURPHY: Thank you, George. Ellen.
COUNCILWOMAN LARSEN: i, also,~ participated in the meeting, previously
reported on by George and Ruth. Not to sound repetitious, we did go over
NOVEMBER 1, 1988
our budget and composting. It's been a bu,~ weel~ ~ many meetir~gs
during t~at Week. I, ~1~;
Waterways Committee
on the 2§th of October, specifically to discuss pump-out facilities within
the Town of Southold. We met primarily with several marina operators within
the Town, and we reviewed 'two studies that were done. One specifically
by Jay Tanski, of Sea Grant~ on pump-out facilities, and another one prepared
by HzM ~or the ¥own of Easthampton on pump-out facilities. It was determined
by all persons that the best way to proceed at this point, would be to formulate
a questionaire and send it to the marina owners and several other areas
where there is a large amount of boats to see how many boats we're talking
about exactly. Also, I attended the ZBA meeting on the same day. Thank
you.
SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards?
JUSTICE EDWARDS: Thank you, Francis. Yesterday I left Fishers Island
at noontime, and had a ten minute layover in New London. I got the 1:00
o'clock New London ferry to Orient. Drove on through to Motor Vehicle.
Had live pieces of work done, and dropped off about 25 driver liscense
applications, in Riverhead Motor Vehicle. i'II pick them up tomorrow. I'll
be taking the Motor Vehicle camera back to the island. I have 25 or 30
photographs to take next week, and with this weather we're having today,
I imagine the Fishers Island is going to be burning their brush up over
there. It's been held up With some crazy:-?lack of regulations, or. lack of
certificate, but it's ail taken care of, and I imagine they had big fire over there
today, because it's been a month and a half. They're waiting for a north-
eastern rain so the ..... does go-over to Groton and gather on Mr. McCarthy's
cars over there. An~d: 1, also, attended the Budget session and the Landfill
meetings, and I'm very glad that some of the efforts we did, did lower the
tax rate. That was on the 25th and the 26th. They're still digging some
more wells on the island, and see tl~ well drillers over to an existing well
that had quite a heavy iron content. Apparently they're going to pull up
the sleeve and put another one down in its place, maybe go down a little
deeper. They've qot four or five qood wells, producing wells, drilled on
the island, and now they have discontinued temporaily using the 500,000
gallon reservoir that's up on, what we call Choucanoy Hill, it's up about
180 foot above sea level, and they've discontinued using that water in there.
They've gone inside, completely cleaning it out, and going to put skidproof
cement on the inside. The first time it's had any serious maintenance done
on it in over fifty years. The ...... plant is taking the water out of the
Billow Pond, filtering it, airating it, and pumping it directly into the line,
and they just have keep on tap in case there's any from there to any of
the fire hydrants. They have to just get up there and hitch the pressure
up, and with the pressure that they've been putting on the lines, there's
been a few main breaks over there, because, again, the distribution system
.s also over fifty years old, and some of these old cast iron pipes are about
on their last legs, so they've got a lot of money to spend on the water system
on Fishers Island. I have Court tomorrow morning in here, and after that
I'll go out to Riverhead and get a rebriefing on the camera, put the camera
in my Blazer and hope to get the 3:00 o'clock ferry back to New London
and the quarter to six back to Fishers Island tomorrow night. One last
thing, I don't know if any of you people went down there to Mattituck,
but that house on Route 25 , on the north side of the road, all the pumpkins
they had lit up last night, it was certainly a beautiful sight. I don't know
if anyone got any pictures of it, but if they did, I'd certainly like to have
one to take back to the island. Very, very nice. Thank you.
SUPERVISOR MURPHY: Thank you, Ray. Yes, the last two weeks were
probably the busiest for the entire To~n Board, that ! ever remember in
a long while, and an awful lot of work was done, I'm very happy to say,
that we were able to reduce the budget down to, I think, a fair and equitable
gross rate. 'Mainly, we had a favorable decision from the Attorney from
the Association of Towns, who in conjunction with the Controller, said its
perfectly legal for us fund this retirement, unbilled retirement,account over
a longer period~of time, than the two years we were anticipating. So we're
very happy to see it.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item II on the agenda, Public Notices.
There are eight of them. Probably the one of most interest is Number 7,
Southold TOwn Highway Department notice of the clean-up week on November
14, 1988 through the 18th, 1988. This, with new fees we're anticipating
to put into the Landfill will probably be the last year of it. It was a very
good program, and it's one that's being abused, really too much lately.
There's, when you go down to the Orient Point Ferry tomorrow, Ray, look
on the road right there, someone, I think has demolished a buildinq, and
put it out On the S~ate highway. It's probably a minimuim of two-~orty
yard trailers that we'll have cart into the Lan~tfill for somebody who thought
38'5
NOVEMBER 1, 1988
itfs easy to put it out on the road and then we'll cart it to the Landfill.
This is' one of~the reasons ~why we ha' go into fees, and programs like
this that we
outgrown their
up for free, we'll be picking
been saved for a whole year.
it certainly doesn't look like' it.
for construction demolition;debri
into the landfill shortly, around th~
served the purpose have now
~ fee structure, if we ever started picking
II the garbage in the whole area that's
we can continue part ~of it, but
Ily expect to start~ a fee structure
that type of stuff, going
yea.~.
1. U. S~ Army Corps of Engineers, N. Y. District, public notice
on application of Dolores Hol-man for construction of groins and placement
of beach fill at Little Peconic Bay, Southold, New York. Written comments
by November 14, 1988.
2. U.S. Army Corps of Engineers, N. Y. District, public notice
of application of Mattit~ck Inlet Marina to dredge and install a floating pier
at Mattituck Creek, Mattituck, New York. Written comments by November
14, 1988.
3. U.S. Army Corps of Engineers, N. Y. District, public notic~
on application of Nicholas Therharides to construct a'floating pier and dredge
Town Creek, Shelter Island Sound,' Southold, New York. Written comments
by November 14, 1988. ,-.~
4. U.S. Army Corps of Engineers, N. Y. District, public notice
on application of Kennet.h Rock to replace bulkhead and dredge with ten
year maintenance at Broadwater Covej Little Peconic Bay, Cutchogue, NeW
York. Written comments by N0vembe~ 14,-.'1988.
5. U.S. Army Corps of En~ineel's, N. Y. District, public notice
on application of Arthur Bujnowski to C°nst~-uct a groin and place beach '-
fill at Peconic Bay, Bayview, Southold, New York. Written comments by
November 14, 1988.
6. U, S. Army Corps of Engineers, N. Y. District, public notice
on application of Nassau Wholesalers,- Inc~ to establish a shellfish growout
area in Gardiners Bay,- East Marion, New York~ Written comments by November
21, 1988.
7. Southold Town Highway Department, Notice of "Clean-up Week"
~from November 14,- 1988 through November 18, 1988.
8. AnnouncementOfPublic' Meetings and Publ c Hearings for the
New York Bight Restoration 'Plan, November 9, 1988, through December
14, 1988. Written comments by ~Decembe~-29, i988.
II1. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to the third item on our agenda are
communications. One from the~Fire Police to the Town, from Howard Terry,
acting Chairman of the Fire Police committee. Another one from Brenda IL.
Cichanowicz, on the spring and fall ~ clean-up week from the Highway Depart-
ment and again, this is exactly what we're talking about. Where people are
putting out too much stuff. And another one is a very good one, thanking
the Southold Town Police for doing very good work.
1. Howard Terry, Acting Chairman Of the Southold Town Fire Police
Committee, requesting that the Town not issue permits for events which
tie up traffic on the highways.
2. Brenda L. Cichanowicz, a Cuthchoge resident, urging the Town
to discontinue "Clean-Up Week".
3. Pamela J. Stearns, Around the Clock on Patrol, Calverton,
N. Y, commending officers in the Southold Town Police.
IV. PUBLIC HEARINGS:
SUPERVISOR MURPHY: Item IV on the agenda are public hearing. These
is one scheduled at 8:00 o'clock.
I. Proposed Local Law' in Relation to Zoni~ng".
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to Item V, which is resolutions, l'~d
like to remind everybody, anyone who would like to speak on a proposed
resolution, you may do so at this time. If you would like to address .the
Town Board after the resolutions are all finished, we will have time at the
end of the meeting to hear any other comments. We ask you to limit your
comments to Town Board resolutions, at this time. Is there anyone ir~ the
audience who would like to address the Town Board, on a proposed resolution?
(No response.) Hearing none, we'll move on to the first, which is a trailer
permit renewal.
1.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the application of An~e & Barbara Boursicluot for renewal
of their single family house trailer located on private road off of the nort~h
side Main Road, Matti tuck, New York, which permit expires on Novembe~
1.988, be and hereby g. ranted for a six (6) month period.
NOVEMBER 1, 1988
1.-Vote of the Town Board: Ayes: '~ Larsen, Councilwoman Oiiva,
Councilman Penny, MurphY.
This resolution was ~ ~:~.~i,~"~
SUPERVISOR MURPHY: Number 2 is to set a public hearing.
2.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00
P.M~, Tuesday, November 15, 1988, Southold Town Hall, Main Road, Southold,
New York as time and place, for a public~hearincl~ to obtain Citzi en'~ ...... vi~w~
on local needs to. be met w~th 1989 ~Federal Community Development Block
Grant Funds.
SUPERVISOR MURPHY: I would, like to comment and ask the press to report
on this and try to get some information out to various organizations, whatever,
library, CAST, any organizations, dru~ counseling. This is Where ~e have
to hear~ of the requests from the community, so that we can allocate these
funds.
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Jus'tice Edwards, Supervisor Murphy.
This resolutior~was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to grant permission to attend a conference,~. '
3.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby ~trants
the followin~ individuals permission to attendthe Wednesday, De~:ember 7
1988, OR the Thursday, December 8, 1988 One-Day Short Course, "An '
Introduction to Airphoto Interpretation with Emphasis on Land Use". sponsored
by Cornell Cooperative Extension Association- Suffolk County, and Cornell
Laboratory for Enviromental Applications of Remote Sensing (CLEARS), Cornell
University, and the actual expense for meals, travel, and $70.00 per ~)erson
registration shall be a legal charge against the individual department budgets:
Valerie Scopaz; Planner, Melissa Spiro, Assistant Planner (Planning Board
Budget), Any Town Board Member (Town Board Budget).
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to hire E.F.Kaldor, C.P.A. to do an audit
on the Scavenger Waste Plant
4.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of E.F. Kaldor, C.P.A,P.C. to make an audit of the books
and records of the Southold Wastewater Disposal District for the year ended
December 31, 1987, at a cost not to exceed $2,500.00.
4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: ! might add on that one, we're able to do it now,
the first time, only because the construction for a phase of it has finally
been finalized. Number 5~is to set a public hearing. .
5.-Moved by Justice Edwards, seconded by Councilwoman Larsen,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local Law entitled, "a Local Law in Relation to Vehicles
and Traffic";
now, therefore, be it
RESOLVED that the Town Board hereby set 8:05 P.M., November 15, 1988,
Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearincj on the aforesaid proposed Local Law which reads as
follows, to wit:
A Local Law in Relation to Vehicles and Traffic
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92, Vehicles and Traffic, of the Code of the Town of
Southold is hereby amended as follows:
1. Section 92-42 is hereby amended by adding thereto the
following:
NAME OF STREET
Pike Street
il.
SIDE BETWEEN THE HOURS OF LOCATION
South 6 A.M, and 6 P.M. In Mattituck,
from the easterly
curbline of Maple
Avenue, easterly
for a distance of
245 feet.
This Local Law shall take effect upon its filing with the Secretary of
State.
NOVEMBER 1, 1988
5.-Vote of the Town Board: Ayes: CounCilwoman Larsen, Councilwoman Olive,
Councilman Penny, Justice Edwards, Su erviso.r Murphy.
This 'resolution ~as declared duI~ADO~ED.
SUPERVISOR MURPHY: Number 6 is to appoint a traffic warden.
6.-Moved by Councilwoman Larsen, seconde~.by Councilman Penny~. it was
RESOLVED that the Town Board of the Town of Southold hereby ~
Emil J. Pupecki,as a Traffic Warden for October 31, i988 (Hall(~ween~: tm',
guard 'the businesses in Peconic-~ at a salary of $6.50 per hour.
5.-Vote of the Town Board: Ayes: Councilwoman Larsen, CouncilwOman,Olive;
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED
SUPERVISOR MURPHyr: Number 7 is to appoint a health aide.
7.-Moved by Councilman Penny, seconded by Councilwoman Olive, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Janet Licata as a Health Aide in the Senior Adult DaY Care :Program, effective
October 12, 1988, 20 hours per week; $4.50 per hour.
7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olive,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to grant permission to Senior Bay
Constable Don Dzenkowski to attend a on~ day seminar. I offer that reS°iu-
tion.
8.-Moved by Supervisor Murphy, seconded by Councilwoman Olive, it was -
RESOLVED that 'the Town. Board of the Town of Southold hereby grants
permission to Senior Bay Constable Donald Dzenkowski to attend a one da~f
seminar on Tuesday, November 22, 1988, at the Gideon Putnam Hotel,
Saratoga State Park, Saratoga Springs, New York, for the purpose of obtaining
certification under the Impaired Boater Recognition Program, second phase;
and the necessary expenses for meals, lodging and tlhe use of a Town vel~icle
for travel shall be a legal charge against the Bay,,Constable's 1988: Budget.
8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olive,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:Number 9 is to set a public hearing.
9.-Moved by Councilwoman Oliva, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local Law entitled, ,A Local Law in Relation to Sewer";
now, therefore, be it
RESOLVED that the Town Board hereby set 8:07 P.M.~ Tuesday, November
15, 1988, Southold Town Hall, Main Road, Southold, NeW York, as time and
place for a pLb[.ic hearing on the aforesaid proposed Local Law which reads
as follows, to wit:
A Local Law in Relation to Sewers
BE 'IT E~IACTED BY THE Town Board of the Town of Southold as follows:
I. Chapter 76 (Sewers) of the Code of the Town of Southold is-hereby
amended as follows:
1. Section 76-21.A. is hereby amended to read as follows:
A. In addition to any and all other fees-and charges provided
by law, the owner of a parcel' of land served by the sanitary
sewer system of the FISD shall pay an annual sewer rent
for the use of such sanitary sewer system, which shall
be based upon an annual charge of one hundred seventy-
five dollars ($175.) for each separate dwelling unit served
by the system. Such annual sewer rents shall be paid
in seniannual installments of eighty seven dollars and fifty
cents ($87.50) on the first days of January end June of
each year.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
COUNCILMAN PENNY: Can I have a question on this? Jay, is this meant
to collected with the annual taxes? Oh, we just increased the fee.
9..-¥ote of the Town Board: Ayes: Councilwoman Larsen, CouncilwOman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUP. ERVISOR MURPHY: Number 10 is to authorize a refund.
NOVEMBER 1~ 1988
10.-Moved by Councilwoman Lars~n, seconc~ea Dy ~ouncilwoman Oliva, it was
RESOLVI~D that the Town B~r~ of the Tow~ of. Southold hereby authorizes
a refund of $150.00 to Carol~:i~. Kleinfeld,~ which sum represent~ the fee
for a variance to the Board Of Appeals;-~.which application was .withdrawn
when the applicant subsequently was able to obtain a building permit for
an alternative plan without a variance being necessary.
10.-Vote of the Town Board: Aye$~ Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
3'89
SUPERVISOR MURPHY: Number 11'"]'s to'execute an agreement·
11.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it~was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute an agreement between
the Town of Southold and the North Fork Housing Alliance inc., wher:eby
the North FOrk HouSing Alliance Inc. will implement a Home Improvement
Program and a Rental Rehabilitation Program for the period of April 7, 1988
through the completion of all home improvement projects funded with 1988
Community Development Block Grant funds and the completion of all Rental
Rehabilitation projects fUnded with 1988 Rental Rehabili;~ation :funds, in
considerati°n (~f ~i~e payment by the Town of the sum of' $9,00~.00 for the
North Fork Housing Alliance Inc.; said agreement subject to the 'approval
of Town Attorney Schondebare.
11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman' Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:Number 12 is a transfer of personnel.
12.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby transfers
Joan Schneider to the Office of the Town Trustees as a provisional Clerk
Typist, effective immediately, and abolishes the position of Stenographer
in the Office of. the Town Trustees and the position of Clerk Typist in
the Office of the Town Attorney.
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is a resolution to create the position
and set a salary of $19,000.00 for a Legal Stenographer in the Town
Attorney's Office, I offer that resolution.
'13.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Le~lal Stenocjrapher for the Office of the Town Attorney,
sets a salary of $19,000.00 per annum (1988 rate) for said position, and
authorizes and directs Supervisor Francis J. Murphy to request a Suffolk
County Department of Civil Service Certification of Eligibles for said position.
(Salary steps for this position shall be the same as for Stenographer under
the CSEA contract).
13.-Vote of the ToWn Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to execute an agreement.
14.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute the 1989 New York
State Division for Youth Project Application for the Southold Town Recreation
Department.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number I5 is to grant permission to Assistant Town
Attorney Robert H. Berntsson to attend a Code Administration and Enforcement
Training Session. I offer that resolution.
15.-Moved by Supervisor MurPhy, seconded by Councilwoman Larsen, it was
RESOLVED tha the Town Board of the Town of Southold hereby grants
permission to Assistant Town Attorney Robert H. Berntsson to attend a
Code Administration and Enforcement Trainin~ Session, sponsored by the
Suffolk County Department of Fire, Res.c...ue & Emergency Services, on December
6, 7, 8, 1988 at the Suffolk County Fire Academy, and the ne~:essary expenses
for meals and travel shall be a legal charge against the Town Attorney's
1988 Budget· ~_
390
NOVEMBER 1,~ 1988
15.-Vote of the Town Board: Ayes: COuncilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly 'ADOPTED.
SUPERVISOR MURPHY: Number 16 is to request a civil service list.
16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to request a Suffolk 'County
Department of Civil Service Certification of Eligibles for a contingent perma-
nent position of Clerk Typist for the Board of AssesSOrs.
16.-Vote of the Town Board:
Councilman Penny, ~ Supe
This~resolution was declared duly ADOPTED.
SUPE~RVISOR MURPHY: Number 17 is to attend another conference.
17.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby' 9rants
permission to~Acccount Clerk Barbara Rudder to attend a meetin~ on th~
Empire .Plan' Core Enhancement Benefit packages and premuim rates effective
January 'I; 1989, to be held at the Riverhead ToWn Hall, from 1:00 P.M.
to 4:00 P.M. on Wednesday, November 2, 1988, and the use of a Town
vehicle for transportation.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olive,
Councilman Penny, Justice Edwards, Supervisor Mu~'phy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is to set a fee for the park and playgrounds.
18.-Moved by Councilman Penny, seconded by Councilwoman Olivar it was
RESOLVED that the Town Board of the Town of Southold hereby determi~nes
that the amount~of $4,800.00 shall be deposited with tf~e Town in lieu of
land for Parkland Playground purposes by the owners of The Woods at
Cutcho~ue, major subdivision located west of Depot Lane, Cuchogue, New
York.
18.-Vote of the Town ~oard: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to execute another agreement.
19.-Moved by Justice Edwards, seconded by Councilwoman Larsenr it was
RESOLVED that the Town Board or-'the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute the 1989 Suffolk County
Youth Bureau Project ApplicatiOn for the Southold Town Youth Services
Program.
19.-Vote of the Town ,Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was ~declared di~ly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to authorize another application.
20.-Moved by Councilwoman Oliva, seconded by CouncilWoman Larsen, it was
RESOLVED that the Town -Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute the I989 l~ew York
State Division for Youth Project Application for the Southold Town Juvenile
Aid Bureau.
20.-Vote of the Town Board: Ayes: Councilwoman Lars~n, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor,Murphy.
This resolution was declared duly ADOPTED.
SUP.ERVISOR MURPHY: Number 21 is to approve a bond estimate.
21 .-Moved by Councilwoman Larsen, seconded by COUncilwoman Oliva, it was
RESOLVED that the Town Board of the Town of $outhold hereby approves
the amoun~ of $319,680.00 for a bond for roads and improvements, in the
major subdivision of The Woods at Cutchoc~ue, all in accordanc.e with the
recommendation of the $outhoid Town Planning Board and Sidney B. Bowne
& Son, Engineers.
21.-Vote of ~he Town Board: Ayes--~ Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is another bond estimate.
22.-Moved by Justice Edwards, seconded by Councilwoman Olivar it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the amount of $75,362.50 for a bond for roads and improvements in the
NOVEMBER 1, 1988
maior subdivision of Henry Arbeen¥, all in accordance with the recommenda-
tion of the Southold Town P]an~ni'n~ Board'and Sidney B. Bowne F, Son,
Engineers.
22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is approve the amendments to Chapter
A106, Subdivision of Land. I offer that resolution.
23.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the following amendments to Chapter A106, SubdiVisiOn of Land~ Of the '
Code Of the Town of Southold, ~s approved by the Southoid Town Planning
Board following a public hearing on ~ame:
Chapter A106 (Subdivion of Land) of the Code of the Town of
Southold is hereby amended as follows:
1. §AI06-22.A.(2) is hereby, amended to read as follows:
(2) Ail applications for plat approval for minor
subdivision shall be accompanied by-a fee of
five hundred dollars ($500.00) per lot, together
with an inspection fee of one thousand dollars,
($1,000.00).
2. § A106-23.A. (2) is hereby amended to read as follows:
(2) The application filed with the Town Clerk shall
be accompanied by a fee of one thousand dollars
($1,000.00) plus one hundred dollars ($I00.00)
per acre, or part thereof, in the proposed
subdivision. An inspection lee equal to six
percent (6%] of the amount of the approved
performance bond must be paid after approval of
the Bond amount by the Town Board and before
final approval of the plat.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to set a public hearing. Set 3:00
P.M. and 7:30 P.M., Thursday, December 1, 1988, Southold Town Hall
for a public hearing on the "Local Law to amend the Southold Town Zoning
Code and the Zoning Map incorporated t, herein, to implement in whole or
in part, the recommendations of the Master Plan Update prepared by the
Planning Board."
24.-Moved by Supervisor Murphy~ seconded by Councilwoman Larsen,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local Law entitled, "A Local Law to amend the Southold
Town Zoning Code and the Zoning Map incorporated therein, to implement
in whole or in part, the recommendations of the Master Plan Update prepared
by the Plalnnin9 Board"; now, therefore, be it
RESOLVED that the Town Board hereby sets 3:00 P.M. and 7:30 P.M.,
Thurs,'ay, December 1, 1988, Southold Town Hall, Main Road, Southoid,
New York, as time and place for a public hearing on the aforesaid proposed
Local Law which reads as follows, to wit:
A Local Law to amend the Southold Town Zoning Code
and the Zoning Map incorporated therein, to implement,
in whole or-in part, the recommendations of the Master Plan
Update prepared by the Planning Board
INDEX
Zoninc. l Code Amendments
Article I - General Purposes
100. 10 Purpose
100-11 Interpretations Conflicts
100-13 Definitions
Article tl - Districts
100-20
100-21
100-23
District Designations
Zoning Mae
Effect of Establishment of Districts
Articte III - A~rlculturaI-Conservation District
Low Density R-8(]r R-120~ R-200. R-q0O Districts
100- 30 Purpose
100-31 Use Regulations
100-32 Bulk, area & parking requirements
100-33 Accessory buildings
1
1-10
11
11
11
11-12
12-19
19-20
20
NOVEMBER 1, ~1988
Article HIA - Low Density Residential R-qO District
100-30A Purpose
100-31A Use Regulations
100-32A Bulk, area & parking requirements
100-33A Accessory buildings
Article IV - Hamlet Density ResidenHal (HD] Oistrict
100-40 Purpose
100-al Applicability
100-42 Use Regulations
100-43 Bulk, area & parking requirements
Article V - Affordable Housing District (AHD)
100-51
100-52
100-53
100-5q
100-55
100-55
100-57
100-58
Purpose
Defini tJons
Applicability
Use Regulations
Bulk, area & parking -equirements
Application Procedure
General Regulations & Requirements
Administration
Applicability of Town Code
Article VI -'Resort Residential (RR) District
100-60 Purpose
100-61 Use Regulations
100-62 .. Bulk. area & parking requirements
Article VII - Residential Office {RD) District
100-70 Purpose
100-71 Use Regulations
100-72 Bulk, area & parking requ rements
Article VIII - Lim ted Business (LB) District
100-80
100-81
100-82
Article IX - Hamlet
Purpose
Use regulations
Bulk. area ~, parking requirements
Business (HB) District
100-90
100'-91
100-92
100-93
Purpose
Use regulations
Bulk, area & parking requirements
Uses confined to enclosed buildings
Artlci'e X - General Business (BI District
100-100 Purpose _
100-101 Use regulations
100-102 Bulk, area & parking requirements
Article XI - Marine I (MI) District
100-110
100-111
100-112
Purpose
Use regulations
Bulk, area & parking requirements
Article ×11 ; Marine II (Mil) District
100-120
100-121
180-122
Purpose
Use regulations
Bulk, area .& parking requirements
Article XIII'- IJc. lht Industrial Park/Planned Office iL. ID) District
100-130
100-131
100-132
Purpose
Use regulations
Bulk, area & parking requirements
Article ×IV - llc~ht Industrial (LII District
100- 140 Purpose
100- lql Use regulations
100-I42 Bulk, area & parking requirements
Article XV - Density. Minimum Lot Size and Bulk Schec~'~'les
100-150
100-151
Existing Bulk & Parking Schedule
Density. Minimum Lot Size & Bulk Schedules
Density. & Minimum Lot Size Schedule for
Residential Oistricts
Bulk Schedule- Business· office & Industrial
Districts
Bulk Schedule - Residential Districts
Density & Minimum Lot Size Schedule for
Non-Residential Districts
Articles XVI & XVII ~ Reserved
Article XVlll - Cluster Development
21
21
21
21'
22
22
22
23
2q
24-2S
25
25
25-29
29-31
31-32
32
33
33-34
3q
35
35-36
36
37
37- 38
38
39
39-' 41
41
41
q2
q6
q6-qT'
q7
q8
48-49
50
50-52
52
53
53
53
5q
54
55
56
57
58
100- 180 Purpose 59
100- 181 Appll cabi ii ty 59- 62
ArttcJe XIX - Parking & Loadinc3 Areas
100- 190
I00-191
100-192
Off-stree{ parking areas
Off-street loading areas
83
63- 70
71-72
Article XX - Signs
100-200
100-201
t00-202
100-203
100-204
100-205
100-200
100-207
Article XXl -
100-210
100-211
100-212
109-213
100-214
100-215
Purpose · ~
Permits l~equired & Administrative Procedures
General design principles
Sign prohibitions & general restrictions
Limitation of sign content or copy
Regulations regarding specific types of signs
Unsafe, abandoned & unlawful signs
Continuation of existing signs
Landscaping, screenincj & Buffer Regulations
Pu;pose
General requirement~
Front landscaped area
Transition buffer area
Landscaped parking area
Property adjacent to creeks
Article XXII - Reserved
Article XXIII- Supplementary Recjulations
100-230 Exceptions and modifications
100-231 Height of fences, walls & hedges
100-232 Corner lots
100-233 Building length S separation for buildings
containing multiple dwellings
100-234 Courts
100-235 Access requirements
100-2 36 Open storage ' -
100-237 Prohibited uses in all districts
100-238 Provisions for community sewer, water &
utility facilities
100-239 Land under water; filled land
100-239a Excavations
100-239b Tourist camps,camp cottages & trailers
100-239c Berms
Art icle XXIV
100-240
100-241
100-242
100-243
10~-244
100-245
100-245
Article XXV
100-250
100-251
109-252
100-253
100-254
100-255
Article XXVl
1D0-260
100-261
100-262
I00-263
100-264
100-265
- Nonconforming Uses and Buildings
Purpos'_:
Nonconforming uses ~-
Nonconforming buildings with conforming uses
Nonconforming buildings with nonconforming uses
Nonconforming Lots
Repairs and maintenance
Involuntary moves
- Site Plan Approval
Puroose
General requirements
Objectives
Effect of Approval
Procedures
Site P~-t~ elements
- Snecia[ ExceotJon Uses
Purpose
Special exception uses
Rules of conduct & procedure for special
exception uses
General Standards
M~tters to be cons~rJered
Additional Conditions & safeguards
Article XXVII - Board of Appeals
100-270 Appointment; membership
100-271 Powers & duties
100-272 Additional conditions ~' safeguards
100-273 Rules of conduct & procedure
100-274 Fees
100-27S Notice of Hearing
Article XXVIII- Administration & Enforcement
100-280
100-281
100-282
100-283
100-284
I00-28S
100-286
Administrative & enforcing officer
Building Permits
Revocation of permit
Stop orders
Certificates of occupancy
Penalties for. offenses
Remedies
Article XXIX - Amendments
(Present Article XV is renumC~ered XXIX and sections 100-150 to 100-152
renumbered. 100- ~90 to 292 respectively]
Article XXX - Severabilit¥
73
73-74
74-75
75-76
76
76-78
78-79
79
8O
80-81
81
81 - 82
82
82
83
84
84
84
84
84-85
85
85-86 --
86
86-87
87
87
87-89
90
90
9o-90-a
90-a
90-a-91
92
92
92-93
93-94
94-96
96-98
99
99
99-100
100-101
101-102
102
103
103-104
104
10S
I0S
105
186
106-I08
108-109
109
109-110
11o-11I
11]''
111
100-300 Severability ] 11
394
NOVEMBER 1.. 1988
A Local Law to amend the Southold Town Zoning Code
and the Zoning Map incorporated therein, to implement.
in whole or in part. the recommendations of the Master Plan
Update prepared by the Planning Board
BE IT ENACTED by the Town Board of the To'wn of $outhold as follows:
(additions indicated by underline;- deletions by [brackets ~.)
Chapter 100 of the Code of ~the Town 'of Southoid (Zoning} is hereby'
amended as follows:
Article ], Section 100-I0 (Purposes), subdivisions . E and G are
amended to read as follows:
The maximum protection of residential and historic areas,
Go The enhancement of the appearance of the Town Of $outhold as a
whole particularly its noon and rural environment.
Article I, Section 100-I0 (Purposes) is amended by adding two new
subdivisions thereto, to be subdivisions ~( and 'L, to read as follows,'
K. The protection of the subsurface water supply and surfac,
L. The protection and enhancement of the coastal environment.
Article I, Section 100-11 (Conflicts) is amended by ~mending 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.
C. In their interpretation and aopllcation, the provisions of this
chapter shall be held to be th~ minimum rec~uirem-e'kts adopted for
the promotion of the public health, safety, and welfare. Exce~3t
where specifically provided to the contrary, it is not intended by
this local law to repeal, abrogate, annul or in any way to imoalr
or interfere with; any rules, recjuJatJons or per'nits orevlouslv
ac~opted or issued or which shall be adooted or issued pursuant
to law relating to :he use of buiidinc.~s, structures, shelters or
premises: nor is it intended bY this chanter to interfere with or
aorogate or annul any easements, covenants or other agreements
between parties.
Article I. Section 1(]0-t3. subdivision B. (Definitions and usages) is
amended by amending and/or adding the following terms:
B. Definitions and Usages. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the
meaning as herein defined. ~rd ....... or term not noted 13~low
shall ~ used with a meaning as de,tie-in--in W~bst~-rS~'¥'l{i~-~l'
nternational Dictionary ol the EnCl. lish Lan¢,lu~.~e,
l'~[est ~:Jitionl.
ACCESS - A physical entrance to property.
ACCESSORY APARTMENT - A dwellina unit created in a presently
ex~st~n~l one-family' dwellinc} pursuant to Section. 100-31~ Iff)
ACCESSORY BUILDINC OR STRUCTURE - A building or structure
detached from a principal building located on the same lot as, and
customarily incidental ano subordinate to, the principal building.
ACCESSORY USE - A [building nfl use [clearly] customarily_
incidental Jori and subordinate to, [and customary 'n connection
with. the principal or use on the same lot. [ the main use on a
lot. whether such "accessory use" is conducte~-T~i''o~
accessor building.._..
ADDITION - A structure added to the original structure at some
tl"~ after the comoletion o~ the orlcjinal.
_AGRICULTURE - The production, 'Eeepinc~ or maintenance, for
sale, lease or personal use.' of'plants and animals useful to man,
~cluding but not limited-to; forages and soo crops; c~rains and
s, eed crops; dairy animals and dairy products, poultr, y anc~
pouttry products; livestock, including 'bee~ cattle, sheep, swine.
horses, ponies, mules, or ~oats, or any mutation ot hybrids
thereof, inciudinc,~ the breeding and grazing3 of any or all o~ such
an mats; bees and- apiary products: fur animals, fruits or all
kinds, including grapes, nuts ancl t~err~es; vec~etal31es; floral.
ornamental and '~t~eenhouse products: or lands devoted to a soil
conservation or forestry manac~ement proc~ram.
APPLICANT - The landowner or the agent, optionee, contract
purchaser or other person autlqorized in writing to act for toe
landowner [n submittin(3 an aoplication under this chapter.
APPLICATION FOR DEVELOPMENT - The aoplication form and all
accompanying ciocuments and exhibits re~luired of an aoDticant Ov
an a,nprnvmg authority for devetoc3ment an(I/or s~te Dian review
purposes.
AUTOMOBILE SALES LOT OR BUILDING - A lot or buiidino used
for the sale or hire of automooHe eauloment. This snail De
interorete(3 to include new an(~ used car dealersnlos and auto
accessory salesrooms but not the sale of iunked automotive
NOVEMBER 1, 1988
395
proved-ed tnat the rentln~ ol such rooms for such purpose i~.
clearly ~nclaentai aha SuoorChna~e to the pr~nc~a use of t~
BERM - A structure ~mDos~ primarily of earth intende~ for
prlvacyf s~urlt~, e~cJosure, v~suai screenm~ or no,se aDa[anent.
BLOC~ - An area boundea by one or more streets or a municioal
bounaary and of sufficient size to accommoc~ate a ot or ~ots o~'
minimum size requ red by th s chaoter~
BOARD OF APPEALS - The Zoning Board of ApPeals of the Town
of 5~tnotd;
BU LDABLE AREA-:~.; The area of a lot re~ainin~ after the
m~mum ~a:r~' and open space requirements o~ this c~Dter nay,-
been met.
BUILDABLE LAND The net area of a lot o.r_._~?rcel after
deCluctinc~ wetlands, streams, ponds, slO~es~eve~- i~' ~'erc'-~-n~
unaerwater land, easements or other restrictions preventinc~ us.
of such land for construction of buiidinqs or development
BUILDING - Any structure havinc. I a roof supporte~ by s.ch
things as column~, posts, piers, wails, or air and n~ed
the shelter; business, housing or enclosinc, l of persons, animal...
~roperty, or other materials. JAnyj Also an~ combination of
materials f~orming any construct/on, except where entirely
underground so as to permit the use of the rD
:~ -- ,k .,~.- ,, g and above same as
,;~...u. o,u,,,qmg w~s present; the term "building" shall include
· ,,e ~erm structure as well as the following:
(1) Signs.
(2)
Walls. [other than retaining walls projecting above the
ground not more than three [3! feet at the highest ground
level and not more than six and one-h~lf (6½) feet at the
ground evel. J
[q) 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 bu!ld]ng.
(5] Porches, outdoor bins and other similar structures.
BUILDING LINE A line formed by the intersection of ,,
horizontal plane at avera(~e ~lrade loyal'and a vertical plane the[
coincides with the exterior surface of the building on any s~de.
In case of a cantilevered section ota building, the vertical plan.
witl coincide with the most prolected surface.
CERTIFICATE OF OCCUPANCY - A document issued by a Town
Building lnso~tor atlowin9 the use and/or occupancy or a
buiidin~ and~or land. and certifying that the structure and/or
use of land and/or structures is in compliance w~th 'ail state and
l~al co,es, regulations an~ requirements.
CLUSTER - See Residential Cluster.
C~UB, BEACH A not-for-profit corDo~tion, as defined in
~ction 102 of the Not-For-Profit Corooration Law of the State of
New York, Iocat~ conti~uous to a bay ar Lbng Island Sound an~
~stablished for orinc~oal purpose ol en~a~n~ mn swsmmmq ~n the
Sound or the b~Ts, ~ut exctudin~ any ~o~m of aviation,
CLUB. MEMBERSHIP OR COUNTRY. OR GOLF COURSE.
~ONPROFIT - A no:-~or-orofi: corporation, as define~ in Section
102 o~ the Not- For-Profit Corporation Law of the State oi New
York. es~blishe~ for ~e principal purpose of enga~,nQ a,,
outdoor sports such as ~otf. tennis, Sw~mm rig, fishinq humulin,,
or simdar activities, but not includin~ any form o~ awado,~'
ou[aaor :ran. sKee[ or tar~et--~hootin~ or mo[orooat racmnq. Th,,
~tivities of such a clad snail be limited to its members aha their
~[s and shah not De extended ~o [he ~nerat
CLUB. YACHT --:~ not-for-profJ~ corpor~to~ as dell,iud by
~ect~on I02 of ~he Not-For-Protit Corpor~dnn Law o~ ~h~ Stale
New York. es[aDtis~ed far ~he principal P~f enaaama in
recrea~,onal boal,nq, the acttv,~les ot such a yacht clu~-~[-'b~
to the genera pub c. T?e term T'yacht club' s~ be d~ua Io
In~u~[~e term marina but sha~l not be d~me~ to in~]Ude
term "boat~ard" except for the out- of-wa~er storag~ DJ
COMMON OPEN SPACE - An m3en soace area wi.thJn or related tn
a ~site designated as a development that is available for the use of
ail residents or occupants thereof.
NOVEMBER 1, 1988
COOPERATIVE - A type of resor~ or' multip e residence in which
persons have an Owned'ship interest in the entity which owns th.,
building or buildings a~d n additio~ a l~ase or ncc,~oancy
a~ree~.,t which ent~tles th~m to occupy ~ particular dwe ng un t
therein, re~ar~less of Whether and in ~nat manner the dweHin,
units are mana~, leased, or otherwise made available ~or use by
persons other than the owners thereof.
CUL-OE-SAC- The turnaround at the end of a dead-end street.
CURB CUT - The opening alon~ the ~rb line at which ooinl
v~ictes ma~ ~enter or leave ~e roadway.
~OM wO~.KS, OP-.A business premises used ~o~ the ~king gE
~ utnln~, m. Jmery,- Snows or other personal artjcJes ,'~o ndJvi~ual
DEDICATION - The cony,
of a fee or less~r interest in
other ·
EASEMENT - A~.arant of the use of land for SpeciEic purposes:
FARM - For the ~ses of this
FARM BUILDINGS - All structures
conduc: of a~-icutturai activ t es i,
barns, silos,i;~hechanical eQuiome~t sto~a¢
other shelters.
thr.
or
FENCE - A vertical enclosure, solid or partially open. to prevent
stra¥inc~ from within or intrusion from without or~intende~ to be
used as a visual screen. A fence is considered a structure for
the ourooses of tl~is cheater.
FISH PROCE$51NG - The read¥inO of fish and shellfish fo,
shippln~ to market, including icino,'cleaning, filleting~,.shucking
a~d the cooking of crabs or lobster, but not incl~ain~ Dine,
coo~ln~, cannmg, freezing, smokin~ or other "fiSh factory,I
o~erations, r
FLOOD HAZARD AREA - Land in the flood olain sublect to a on.
percen! or c~reater chance of' flood in any c~ven '/ear.
FLOG~D PLAIN - The relatively flat area or Iow lanas adjoining tile
channel of a river, stream, watercourse, 'dana,, or any OOOv gl
standinc) water, which has been or may be COVered by floo~ water'.
FLOOR AREA - The sum of the gross horizontal 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 faces of exterior
walls or from the center line of party~-,.walls separatinq two
buildings, including cellar and basement areas.i Thee~ floor area
shall not include: roof overhanqs proiecting less than three feet or
any floors or portions thereof contained on terraces or balconien
prolectin~ beyond the exterior face of the buildlnq.
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. [and all attic space having a c ea~ height
Of six (6) feet from finished floor Je~'el to pitch of roof rafter with
a clear height of seven [7] feet six (6) inches from finishec~ floor
level to ceiling level over fifty percent (50%) of the area of SUCh
attic space, j
FRONTAGE - The width of a lot at the street llne.
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 wnJch 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 without special permit
GARAGE. REPAIR - A building, other than a private ~arac~e, used
for adjustment. ~aintinc~, reolacement, 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 Iand
useo for the storaQe ano sale of getroleum fuel primarily to motor
vemcles and for a"ccessorv uses such as the sale of ,lubric~ntc.
accessories or suooties, the incidental washing gl motor verncle,~
and the performin~ of minor repairs within a building; however.
service station ~s not a repair garbage nor a bod~
GREENHOUSE - A structure for growing plants.
NOVEMBER 1,
GROUND FLOOR - The first floor of a building other than a cellar
~r basement ~%~
GUEST UNIT - A bedroom-sleebing accommodation for transient
guests, which may or may not ~nciuc~e batn.roora facilities and snail
sb.e occuoied ~ no more than two a~ult persons an~ be at least 80
ouare feet in area.
HEIGHT [-] OF BUILDING - The vertical distance measured from
the average elevation of the existing naturat gra~e before any
alteration or fill adiacent to the building to the highest
the roof for flat and mansard roofs, and to thee mean height
betwee~ve ano ridge for other type roofs.
~STORIC BUILDING - See Landmark Designation'
ASSOCIATION -A communilv associatio,.
~a lion
HO~E~ OR ~MO~EL, R~ORT - A buildin~ or ~r~p of b~ildin~,
~hebher' ~a~e~ 0r in connected units, COn~ainin~
~es:[..units Cons s[in~ of a room ar~n~ed or designed to
available 'for use as stee~in~ ~uarters for transients
rent~i basis o~ for vacatoner~ or other persons on
basis~, prov.ided that one such unit may connect directl~ with not
mo~e ~t~n~.'one; other such unit~. EaCh uni~ shall have a door
openin~ on the.exterior of the'buiJdin~ or on a common hal way
leadin~ to the e~terior. A "resort motei" ma~ include suc~
accessory Uses: as a beach ca~na, private dock, d n n~ room,
~e'stauYant ~r Swimmin~ poot, conference .and meetin~ facilities.
1988
3-97
on
ENT - A trouo of
containing
· unit
c ma), connect
and the t no
t bP
of the owner or
JUNKYARO - Land occupied or to be occupied for storage of old
wood. paoer, cloth or metal, including old automobiles, trucks.
ecru[pmen~, machinery, fixtures and appliances not usable as
originatl,y designed, and also including any portion of such old
au;~omob.iles, trucks, equipment or machinery..as may be sold as
and fori junk or salvage. The existence on a~y residehtial lot of
thre~-o~ move unregistered automobiles or trucXs not housed within
a bUiidincJ shall De Cleemea tO be a unk yard. Public samtarv
landfills-~nd the, structures ocateO thereon shall not be inciuoer~
in tl~is deHnition.
LANDMA~RK DESIGNATION The desio,,nation of a buildino or
structur~e of architectural or historic slc~ni~icance to the Town
throuc~n'.listinc~ the property in the Town's Re, Is[er of Desionated
Landr~ari(s and filin~ a copy of the entr~ in the Town Clerk's
o~ce.
LANDSCAPING ~ ~ An area of land restricted to landseane items
which r~av atso iht ude such etements as natural faa:urea, earth
berms, ~i'sculntur"e, sic~ns;~, lightJn~ access-ways, btkewavs ana
pudes~Kian-wa~ 5. ' '
LIQHT I;NDUSTRY - An activit), which involves the fabrication
r-~'6'i n ~. raw*orkin' assembJ-~v
pme~iousiy ~reDared materiaJs and wmcn ones not invoivu
synthesis or chemical or chmmcai products other t~an f~
P~ajr~aceu[Jcaj or research purposes Or the Processing bt any raw
· ~ ~rlc~l [brai raw materials, Light indus~r~
includes L}ndustrJal operations such as electronic, machine parts
an~ smafl component assembl~, as opposea to heavy indus[~,~l
~raJJon[s such as automobile asse~bl~ or millin~ activities. '
LOADING BERTH - A spac~ at least 15 feet wide and
Ion~, ha~in~ a minimum 14 f~t vertical clearance for badinq and
~nl~a~in~ v'ehicies. No such space r~ui~ by ,this ~apter or
epict~on any site plan shall constitute a paring space.
~T AREA - The area of a lot taken at its perimeter, ~xctusiv.
of ~ny ~rtJon within 8 public or private street
LOT, INTERIOR - A Jot other than a corner Jot or a through
Jot.
LOT LINE, FRONT - The lot line separatina a lot from a street
right-of-way; also referred to as "street line".
39'8
iNOVEMBER l, 1988
I~OT LINE, SlOE - Any lot tine other than a front or' rea~' lot
LOT, REAR OR FLAG - A lot located in such a positibn that it
i.s to the rear of, some.other lot fronting on tt~e same street ano
serve~ by means of an accesswa¥.
LOT, THROUGH - A lot which fronts upon two streets which do
not intersect at the bounoaries Of the
LOWER AND MODERATE COST HOUSING - Housing which is
constructed and kept available for families or indivrcluals w~tl~
Iow or mooerate income, incJu~inq senzor citizens, as dei'ined' oy
the Town BOard.
MASTER PLAN
Ill or
- protection of
and
;. the
)lan to be
or
parts there!
MEAN HI CH .WATER {MHW) -, Averaoe heiaht .ol~:'high-. waterR
datum re~rtecl bY th~ U.$ geaJOoical'$ur'¢e' :
MOTEL. RESORT -: See Hotel, or,
NO NC, 0 N FOR~il NC
of
NO'NCO NFOR~
of which
NONCONFORM~ gig USE - [any] A :use. Wheth~ o~ a UUi i~ ng
s~(~n or tract 0f ,land,. loc ~thJ o~ com,b~t~o~,o~ these, ~eoallv
existing on the effective ~a~e 0f ~his chaoter: wh~cn~'does no't
~nform to the present u~e regu of it
is locate, but which is ~r the
effective date, of :_
NURSERY SQHOOL - A buildin~ or buildings, teqethe~ with any
~ccessory uses. buildings o~ structures, us~ as an or~an~z~
~nstructionat facility' ~or f~e or more enr~lled~ children under six
years of a~e other than t~e chiidre~ of the ~eSiden~ family, and
not furnishin~ sl~in~ facilities except [o the r~s[den~ famiiy.
OFF-STREET PARKING SPACE - ~ soace for,the par~in~ of ~e
motor vehicle within a public or pciva~e pa~k~in~ area. but not
within a public street.
OPEN SPACE - An~ parcel or area .of land'or water essentially
~nimproveo an~ se~ aside; , dedicated, designated, or reserved 'for
public or private use or enioyment or for the ~se an~ enio~ment of
owners and occupants o~ land adioinin~ or nei~hborin~ suc~ open
s~ace: provid~ '[hat such area~ ma~ be i~ro~ed wi~ on~ th'ose
buildings, s~ructures, streets and o~f-s[ree~ [:~arkin~ and ot~er
i~rovemen[s thai ar~e oes~ned to be ihcidental to ~he ~a[ural
openness of the land.
OUTOOOR S~ORACE - The kee~in~, ~n an unroofed area, of any
~ds, junK, ma[er~al, merchandise, 'or vehicles in the same oiace
OWNER The term shatl be construed to include the duly
a.uthorized ac. lent attorne,)/; purchaser, devis~e, ~iduciarv or an~
other person navin? vestect or
in
PARKING LOT- An off-street. ~round level area, surfaced aha
JmDroved for t~e temporar~ stora'~e 0¥ motor venicles~
PERFORMANC~ GUARANTEE -Any s~urit~ which may oe accepted
~n a~plica[[on for QevelcDmen[
PERSON - Any association, partnership, corporation, coooerative
PLANNING BOARD - The Planninc] Board of ~he To~-f~ of $outhold.
PLAT - The moo of a Subdivision.
PRINCIPAL USE - The
which land
ma),
NOVEMBER 1, 1988
PROFESSIONAL OFF1CE - The office of a member of a .'ecoonmzed
prof.e, ssion or occupation, inciudin~_.?.rchitects, artists, autr~ors.
dentl~IS, c~octors, lawyers, ministers,
~eers, arid SUCh giber si,,lilar oro/ess~on o~~ which
may ~o desianated b~ the ~oard ot AppriSe-
RECREATION FACILITY, COMMERCIAL - An indoor ~r outaoor
~a'teiy- operated business invoCvin~ ~n~ G~ds. courts.
arenas, or halls desiened to accommodate ~s~-r~Pe~;~l
SnOOt
399
RECREATIONAL VEHICLE - A vehicular type portable structure
wiidiout F~ermanent foundation, which can be tOWed, ~auted or
driven and D'rimariiy desicJned as temporary living accommoaation
for recreational, camping aha travel use and including but not
I!m~ted to travel trailer, truck campers, camping trailers and
self~pr(~petled motor homes.
RESEARCH LABORATORY - A buildlnc~ for eXperimentation ~n pura
or applied research, design, devetopme[tt, and production of
prototype machines or devices, or of new products, and use~
accessory thereto, wherein -products are .net manufacturec~ for
who!esalle or retail sale; where n commerc a servicinc~ or repair of
c'omm~f~fal products s not performed' and where there is no
d~spla¥-o~ an~' materials or products.
RESIDENTIAL CLUSTER, - An area to be develooed as a sinol~
entity ~ccordJric~ to a plan contamlnc~ residential nous~n~ units anti
havinc~ a common or public Doan space.
RESTAURANT - Any premises where food is commercially sold for
o'r~ ,pr~emises :consumption to patrons seated at. taDles or counter~.
Any, 'fac~Jiit~, makin.~ ~se of carhoo or parkin~ lot service to cars or
fo~ ~t~e co~sumoti~n of food to ~e eacen in said cars or
shall ~t be ~ns dared a *'restaurant" for the purpose of Chis
chap;te~j and shall be ~eemed to be a "drive-in ~r fast-food
REstAURaNT, DRIVE-IN OR FAST FOOD - Any establishment
whdse'~m~incioat business is the sale of foods, frozen c~esserts, or
be';'era(~es 'to the customer in a ready to consume state usuail¥
serveO in gaper, piast c, or other disposal containers for
consternation ' within the restaurant buHdinq elsewhere on th~
premises, or for carryout tor consumgtlon off'the remises
RETAIL STORE - An enclosed structure where (]oDds are offered
for sale to the public as take-out items, inciudinQ harc~war~,
dru~s, food and oeveracle, furnishings, apparel 'an(] sJmlia r
products. Minor redact services within the estapiishmen[ may b~
RIGHT-OF-WAY LINES - The boundary lines of land used or
ROADSIDE FARM STAH~j, AGRICULTURAL STAND - A booth stall
or display area exceedinq fifty (S0] souare feet in area Iocateo on
a farn] £rorn which cgriCultur~l products are sola to the r~e~er~l public.
SEPTIC TANK A water-tight receptacle that receives th~
discJsaroe of sewaae from a bu ding, sewer or Dart [~ereo~ ana
desi~ne~ aha construc:ea so as to permtt se[tlinq of soii~.
?~est~on of the oraanic ~atter. aha discharae oi :he. Ji~uia portion
m:o a disposal area
SETBACK - An area extending the full width of the Iht described
or a distanc~etween ~he stree: riaht-ol-w~v and building :or Lh~
full reau.-ea front yara aegth witch which no buddinas or partq
of buiidinqs may ge
SiTE PLAN - A development plan for one or more lots on which
shown (1) the existing, and proposed conditions of rise tot.
including but not necessarily limited to topo(~rapn¥, vegetation,
dralnag~, flood plains, marshes and waterways, (2 the location of
ail existing and proposed bu-ld n~s, drives, parking spaces.
walkways, ~neans of ingress and actress drainage facilities, utility
services, ~landscapinc~, structures and signs, licjhtincl, scre~ninn
devices, and (3) any other information that may b~ reasonably
recruited in order to make an informed determinataon pursuant tn
this chaoter for the review and approval of site plans by
Planninc~ Roara.
'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, wi'lich is c~reater than six feet Ion(~ or wide, and c~r~ater
than 18 inc~ses in deotJl at any point. Natural or man-made ponds
all banks of which have a slope of tess than 45 dec, roes snail not
be inctuaea ~n tr~s definition.
TOWN BOARD - The Town Board of the Town of Southold.
400
NOVEMBER 1; 1988
TOWNHOUSE - A dwelllncl unit in a buildincj containing at least
three connected dwetlin(~ 'units divided~by common vertical ~art¥
wails; With ~rivate entrances to ~cn dw~ilin~. A townnous~ may
include dweJlin~ units owned in fee ~mote or in conQominium or
coooerat~ve ownership o~ an~ combination there,.
TRAILER OR MOBILE HOME - Any vehicie mounted on wheels.
movable either by its own power or by being drawn by another
vehi~e, and ~Uipped to b~ used 'tot living or steeping quarters
or so as to permit cooking. The term "trailer" shah include such
vehicles if mounted on temporary or oermanent foun~tJons with
the wheels removed aha shall include terms "automobile trailer" and
"house car."
USE - The puroose for which land or a structure is~ arranaed.
desiened, or' intended, or ~or wnich either hand or a s[ructu;e is
or ma~ De useQ, occupieO or maintained.
YARD LINE - A Hne draw~ oarallel' 'to a street or lot line at ~
distance therefrom equal ~o :he respectwe ~ar~ dimens~oh reQu~re~
by this cna~ter.
ZONE - A finite area of land, as desic~nated by its boundaries on
the Zoninc~ MaD, thhoughout which soecific and :udiform ~eaulation~
~overn the use o3 land andJor [~e location, size aha use o[
buildinas.
ZONING BOARD - Se~ Board of Appeals.
ZON NC MAP - The mad annexed to and made par~t of this cnaoter,
indicatm~ zone boundaries. .,
Article II. Section 100-20 (District designations} is repealea ana a new
Section 100-20 is added, to read as follows:
Section 100-20. District designations.
For the buroose of this chapter, the Town of Southold. outside of
incorporated Villa(~e of Greenport. is hereby- divided into districts
desi(~na ted' as follo~vs:
A-C
R-q0
R-ZOO
R-~,00
HD
AHD
RR
Agricultural-Conservation District (Two acre rain,mum)
Residential Low Density District [Two acre minimuml
Residential Law Density District (One acre minimum!
P, es~clentlal Low L)enslty tJistrlct [ I nree ac~e minimum) -
Residential Low Density District (Five acre mimimumi
Residential Low Density District ITen acre minimum~
Hamlet Density Residential District
Affordable Housing District
Resort Residential District
RD
Residential Office District
Hamlet Business District
LB Limited Business District
General Business District
MB Marine Business District
LID '
El
Liqht Industrial Park/Office Park District
Liqht industrial District
6. 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 [Building Zonal Zonina ,Map dated which
accompanies this chaoter and which, with all explanatory matter
thereon, is hereby adooted and made a part (If. and incorporated into
this chaoter. Said map, indicating the latest amendments, shall be keot
up- to-date and a cody thereof shall be ~ept in the office of tine
Building Inspector for the use and benefit of the public.
Article II. Section 100- 23 (Effect of Establishment of distric~ I.
subdivision E is amended to reacl as follows~
E. Any use not permit;;ed by this chaoter shall be deemed to be
prohibited. An,v list of prohibited uses contained in any section of
this chaoter, shall 'De aeemea to r~e not an exhaustive list. but ~o
~-ve been inciuded [:or the purposes of clarity an(3 emonasts.
Section 1ao-31.~ and S~:ion I00~'~ of Article III are reaea'led, and
remainder of said Article III is amended as f011ows:
;~ARTICLE 111
[A Residential and Agricultural Oistrict l
Agricultural-Conservation A-C District
Low Density Residential R-80, R-120. R-200, R-~I00 Districts
Section 100-30. Purpose.
The puroose of the Agricultural-Conservation (A-C) District and the
Low Denser';/ Residential R-Sa, R-120, R-200 and R-q00 Districts is [o --T~
rea'~or~abt~ control, and to the extent possible Prevent, the unnecessary
NOVEMBER I, 1988
lOSS Of' those ct~rrentl¥ ober~ lands within! the Town containln~l
tar~e and conti~uous a~r~as 0~ pr~e ~i~l~l~o[ls which are
~he basis fo~ a s~nifican~ p~rt~on o~ th~ ~To~fs ~c~nomy and those
~'r oas with ~tive en~ironmen~l features inCtu~in~ aqui/er
~har~e areas and bluffs, n addition~ t~e~e a~eas p~ovide the
~pen rural environment So hi~hl~ valu~ b~ 7~r-round residents
and those persons who sup~rt the Town o~ Sout~td's recreation.
resort and s~ond home econom~. The . ~onomic.. social and
aesthetic benefits which can be obtained for' all citizens by limitin~
loss o( such areas are well documented, and have insoired a host
of ~overnmentaL pro,rams ,designed, ~it~ vaFyin~ de~rees o~
success, to achieve~ this result. For i~s ~a~t. the Town is
exoen~in~ large sums of money' to protect (~lstin~ 'farm acreage.
At the same time, ~he Town has an obligation to exercise its
au[hOkit~ :o r~Sonabl~ regulate the subdivision and deveiooment
of this land to further the same purposes, ~ite Aonorin~ the
legitimate in[er~ts of farmer~ and other farmland owners.
[Sect[on 100-301 Section 100-31. Use regulations.
In an iA] 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,
( lJ One-family detached dwellings, not to exceed one
dwelling on each lot.
The following commercial agricultural ooerations and
accessory uses thereto, including irrigation, orovzded
that there shah be no storage of manure, fertilizer' or
other odor or dust- producing substance or use, exceot
spraying and dusting to protect vegetation, within
· feet of any [or line:
The raising of field and garden_._croos, vineyard
ana orchard farming, the maintenance of nurserms
and the seasonal sale 9f 3roducts grown on the
premises subject to the following sDecial
requirement s:
(1}
(a .)
All [one-storyj buildings [or structuresJ for
display and retail sales of agricultural and
nursery products grown [primarilyl on the
premises shall not exceed 1,000 square feet ~n
floor area [.] or one story in height. Display
of produce, at a roac~slde' farm stanc shall be
not less than 10 feet from ail street and lol
lines. Any roadside farm stand ~n excess of
[One hundred {1O0}J fifty (50! square .feet in 'floor
area shall be set back twenty (201 feet from the
street line. Any stand in existence a[ the effective
date of this chaD[er must. within one year comi)ly
with ail of the provisions hereof.
All signs shall conform to the '~rovisions of
[Section 100-30Cl61(b)l Section I00-31Cl91.
Ol~f-stFeet 3arkin{~ as required in the Parking
S'checlute snail De provlaeu ana st'~all De
approved by the Planni~oard. An~roadsi~'~
stand in exi'ste~ce on t~f~
paraqraph mustt within one (1} year ir_om such
c~ate~ com~31y 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.
(3.)
(c,) Barns, storage buildings, greenh~,uses (including
plastic covered), and other related structures,
provided that such buildings shall conform to the
yard requirements for principal buildings.
Buildings, structures and uses owned or operated by the
Town of Southoid 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, ant , and except
for the uses set forth in subdivision (15]. hereof, are suc31ect to
site plan approval by the Planning Board : [in accordance with
Article Xlll hereof:]
(1.) Two-family dwellings [, conversions of existing buildings
and new construction,J not to exceed one such dwelling on
each lot,
(2)
Places of worshi. D. including parish houses (but excluding a
rectory or parsonage, which shall conform to the requirements
for a one-family dwelling}, subject to the following requirements.
(al No building or part thereof shall be erected nearer than
fifty (50! feet to any street line ant nearer than 20 feet
to any Iot line.
40!
NOVEMBER 1, 1988
(b} The total area covered by all principal and accessory
buildincl, s shall not exceecl twenty (20~) percent of the
area of the lot.
(:3) Private elementary or hitch schools, collec~es and other educationai
institutions, suPject to the following requirements,
(a) No building shall be less' than fifty (50) feet ,from any
street or lot tine.
(b)
The total area occupied by all principal and accessory
buildings shaiPnot exceed twenty (.R:g~J percent of ~the
area,of the Iot~
Any school shall be a nonprofit organization w~thin tJ~e
meaning of the Internal Revenue Act and shall be,registered
effectively tl~ereunder as such.
(d!
Any such school shall occupy a lot witll an area of not
less than five, acres plus one acre for each 25 3upits for
which the building is designed.
Nursery schools.
(s]
[Libraries, 1 Philanthropic. eleemosynary or religious institution
hospitals, nursing and rest homes or sanitaria for general medical
care. but excluding facilities for the treatment of all types of
drug addition, subject to the following requirements:
fa) No building or Dart thereof or any parking or loading area
shall be located within one hundred [1O0) feet of any
street line nor within .fifty (50) feet of any lot line,
(b) The total area covered by princJnal and accessory buildings
shall not exceed twenty (20%) percent of the area of
lot.
(c) The maximum height shall be th~-r'{y-five (35) feet or two
and one-half (2½) stories,
(dj The entire lot, except areas occupied by
buildings or parking or loading areas, shall
be suitable landscaped and properly maintained.
(e) Sufficient exterior illumination of the site shall
be required to provide convenience and safety.
All such illumination shall be shielded from
the view of all surrounding streets and lots.
(fi
Any nursing home, hospital or sanitarium shall
meet the following standards:
[I! [i) Ail buildings shall be of fire-resistive
construction.
[21 {ii)
All such uses shall be served by
adequate water and sewer systems
approved by the Suffolk County
Department of Health.
[3] [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 ).
[($)[
[4J (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
[Fraternity houses. J Beach clubs, tennis ciubs, country
clubs, golf clubs, public golf courses, aha annual
swimming pools, tennis courts, recreational buildings,
ana maintenance buildings, suoject to the following
requirements:
(a) No building or part thereof or any Parking or
loading .area shall be located within one hundred-
(lOOI feet of any street line or within Fifty (50)
feet of any lot line.
I[bj The total area covered by principal and
accessory buildings §hail not exceea twenty
[20%} percent of the area Of the lot.
{c) Such use shall not be concucte(3 for 3rofit ~s a
i;~ll (9)
id)
let
NOVEMBER 1, 1988
No sucfi use ~hatl' OCCupy a Iot With an area of
[ess than three [3) acres.
The direct source of ail exterior lighting shall De
shietdea from the view of surrounding resldenual
lots,
Children's recreation camps organized primarily for seasonal
use and subjec~ to the following ._r. equlrements:
{al NO building, tent, activity area or recreation facility~
shall be less than two hunclred (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, except tents.
which shall be not less than ten (10) feet apart.
(bi The minimum lot area shall be not less than ten thousand
(10,000] square ?eel 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. - . _
lc] All outdoor lighting shall be arranged and/or sheildeq
to eliminate the glare of lights toward nearby residential
mots, streets or other public facilities.
id]
The sound level of all outdoor public-address systems
shall not exceecl the intensity tolerable in a residential
neighborhood.
[Labor camps, farm and nonfarm, I Farm labor camps, subiect
to the following requirements:
(al
All farm labor camps on farms shall be constructed in
conformance with applicable laws and shall not be locateo
nearer to any other residence than the residence of
the employer, exceDt by specific review and approval
of the Planning Board [of Appealsl.
.403
[(9)] [Boat docking facilities For the docking, mooring or
accommooation of noncommerc:ai boats, suoiect to the
follow~ng requirements: I
[(al! [There shall be docking or mooring facilities for
no more than two (2) boats otr~er than those
owned and used by the owner of the premmses
for his personal use. ] "---
(Ia) Veterinarian offices and animai hdspitais, subject to the
following requirements:
{al The housing of all animals shall be in a fully enclosed
structure, if nearer than one hundred fifty [(1DO)]
(150) feet to any lot line.
(11) Cemeteries.
(12) Stables and riding academies
[(13)] [Funeral homes anti un(3ertaking establishments. I
~.!3) Wineries for the aroducton and retail sale of win'e produced
from grapes grown on the vineyarcls o~3 which such w~nery
is located.
One accessory apartment In an existing one-fami)y"dwelllng, sub~ect
to the follow~ng requirements:
(a) The accessory apar. tment shall be located tn the principal building.
(bi The owner of the existtng dwelling shall occupy one of the dwelling
units as the owner's principal residence. The other dwelling
unit shall be leased for year-rouncl occupancy, evidenceo by a
written lease for a term of one or more years.
The existing one-family dwellinc~ shall cohtain not less than sixteen
hundred [1,500) Square feet of-llveaPle floor area.
The accessory apartment shall contain not Jess than four hundred
fifty {q50) square feet of livable floor area.
.T~e accessory apartment shatl not exceed forty iq0%) percent
of liveable floor area of the existing dwelling unit.
A minimum of three. (3] off-street parking spaces shall be provided.
Not more than one (l) accessory apartment shall be permitted
on a lot.
The accessory apartment shall meet the requirements of a dwelling
unit as definea in Section 100-13 hereof.
(¢)
id)
(el
Cf)
(hi
1988
~h~ ~xterior entry- to the accesso~ apartment shall, to the
maximum extent possibie,;retain the existing exterior apoearance
of' a on, family dwetllng.
All exterior alterations to the existing building, except for access
Certl~c~te o~ Occupancy shall terminate upon the transfer of
title by the owner, or.upon the owner c~asmg to occupy one of
the dwetling units as the owner's principal re~idenc~, n the
may continue in occupanc? until a new owner shall occupy the
balance of the dwetltng or one (1) year f~e~-Qate o{ saiQ demise,
whichever shatl first occur.
All conversions subiect to inspection of Building [nsoector and'
Renewal of Certificate of Occupa~nc.r' annually.
The building which.ls converted to permit an accessory aoartment
shall be in existence and ~ve a valid certificate of ~cupanc7
lssu~ ~rior to 2anua~ I, 1984.
The existing building, toget~e~ ~ith the a~ce~ory a~artment,
~hall com~ly ~t~ all other requivement~ of C~apter 100 of th~
Teen Code of the Tow~ of Southol~. :
(o) Notwithstanding the provisions of Section I00-30B hereof, no
site plan approval by the P~anning BoarC shall be rec~uireo for
the establishment of an accossor¥ apartment.
(p),,Approvai by [he Suffolk County Depart. re. ant of Health Services
of the water supply an~ sewage disposal 5~stems.
i(161l (151
The renting of not more than tr~ree (3) rooms in an owner occupied
dweiling for lodging and serving of breakfast to not more than
stx (6} c-~suai and transient roomers, prov~Oed that the renting
of such r~ms for such pur~se Is clearly incidental and subordinate
to the principal useof the dwelling, su~t to the following
requirements =
That adecluate off-street parking st3aces shall be provided
for such rentecl 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 180-33 herein
[{1}1 {2)
Any customary structures or uses which are customarily
incidental to the orincipai use. exceot [ttose prohibited
by this cnaoter,
Home occupataona, nc udin~ professional offices, provided
that:
(a) No display of goods is visible from the streeL
(bi 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 n an area not to exceed
[thirty percent.[30~}] twenty- five (25%] of the area
of [one (1) floorl all floors of the main building [.
, and in no event shall such use occuov more than five
h't~ndred (500} square feet o~ ftoor area.
(d) There shall be no exterior effect at the oroperty line,
such as noise, traffic, odor. oust, smoke, gas, fumes
or radiation.
131
[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 :he appearance of the buiidino br,
altered nor sr~ali the occuoation within the resioe-nc[,
.b_e concJucted ~n a manner that wouicl cause the 0remisec
to lose its residential character either bY [ne use of
colors, materials, construction, or llc~htir~r. No
~'f prooucts snail be visible from the street aha no
s[oc~ in [raoe shaiI be keo[ on [~e orem~ses
Home occuoa~ions shaII in no event be deemed to inc~uc~:
auto reoa~r snobs, restaurants, tourist homes, roomln~
houses or boaroin~ houses, and uses s~mHar ~o thos~
B~t dock~nQ facilities for the docking, moorino or accommodation
bt noncommercial Doers. sub~ec: to the f~liowin~ requirements:
(a) There shah be docking or moorino facilities for no mot,
than two (2) boat~ other than tho~e OWneO
(b) The Town Trustees shall aoprove new boat doc~r,,
facilities.
{c) Boats at SUCh dockint~ facilities shall not be used
overnm~nt sleepm.o ?urooses.
NOVEMBER 1, 1988
[ (2) j iq) Garden house, toolhouse, storage building, playhouse.
the r~idential u~eof the premises eno not opera[~
,, gain, subiect to the following requirements:
Any's~imm ng pool shah be complete y enclosed with
a permanen~ chain-Hnk (or s~milar tTpe~ fence of no~
more ~han two-inc~ mes~, no~ less ~han four (WI fee~
in height, erected, maintained ano provided w~
self-closing, ~e~f-la~ching ga~e ~o .oreven~ unuu~horize~
use of the oool and ~o prevent accidents. However,
i~ said pool is located more lh~p four (ql feel above
%he gound, then a fence is not required,, provided ~hal
all points of access ~o said pool are adequately pro,acted
by a self-closing, seif-la~ching gate~ Any swimming
pool in exi~%ence a~ ~he.effec~ive ~a%e of ~he prow~ion~
o~ ~h}s su~%}on shaH, ~i~hin one (I) year from 'such
da~e, ~om~ty w ~h a of ~he orovisions
Individual outdoor tennis court related to residential
use on a lot containing a single-family detached dwell nc~
provided that the same"i$ se[ back not tess then six
~from all lot lines, and that there is no Hc~htinq
for after dark use.
Private garages; provided, however, that not more than
two (2) passenger automobile spaces in such garages may
be leased to persons not resident on 'the premises.
Off-street parking spaces accessory to uses on the premises.
-- Not more than four {ql off-street parking spaces shall be
· 'permitted within tine mlmmum front yarn.
The storage of either a boat or travel trailer owned and used
by the owner or occuoant of the premises on which such
boat or travel trailer is ~tored, for his personal use, subject
tO subsection Q of'Section 100-t'91 Suoplemental parkinq
,r,,ec~ulations and the following requirements:
(a) Such boat or trailer shall not exceed thirty '(30) reel
in length.
(bi 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 percent (qO%) of the area of :he
required rear yaro.
(c) Such boat or trailer shall not be located within fifteen
(15) feet of any street or lot line.
provided that such shall not be housed within forty
feet of any lot line. Houslng for flocks of more titan twenty-
five (2.~) fowl, shall not oe constructe~ within fifty
feet of any line.
[[6]l [S! The following signs, subject to the supplementary sign
regulations hereinafter set forth in Article XX:
fa) [One (1) indirectlyJ Not more than two i2) non-
illuminated nameotates or protes'gionai signs each not
more than two (2) square feet in area. -
(bi Not more tr~en [three [3) 1 two (2) signs with a comoineo
total area of not more than~ty_two [72) I fortv-
~) square feet, no one (1) of which shal
~n [[our by sx (a x 6)] twenty-four
sauare feet =n size. advertising ~my the ~le of farm.
garoen or nursery products [~roauced orJ grown on
(C) One (lJ real estate sign, either single or double-faced,
not larger than {three oy four [3 x qJJ twetve {12J
square feet in size on any one (1] or more lots.
aovertJsjng the sale or lease of 3nly .thK Premises on
which it is maintainea, and se{ back no{ less than [ten
(l~jJ fifteen (15i fee: from any lot line. Where acreaae
or a subdivision ]~as a continuous frontage of
four ~2qJ ~Oua.re reel Jn
[(e) (dj One (1) bulletin ~8ro or o:her announcement or
identification sign for uses oermitted ~n iSa:ion laa-
30B~2J. [31. (~J, (6j. (~) and (I0) hereofJ S~tion
100-31B{3). (qJ. (5]. (61. (8) and (~) of :he Aqr~cultura
District. not more]hen [tR,~[y-twoi
f~'e: in area, located nol less than [five (~[i~n
.[.l, SJ feet from any street or Io: line.
JJf]] ~ Such other signs as ~ay ~e authorized as a special
exception by the B~rd of Appeals as
hereinafter proviaed.
Yara sales, al~ic sales, garage sales, auction sales or similar
type o~ sales of personal property owned by {he occupant
of [he premises and located ther~n, subj.: to the following
1(7]1 (10l
405
(bi
(c)
Not more than one { ( 13 ] 'st~ch sale shall be conducted
on any lot in any one calendar year.
Adequate supervised parking facilities shall be provided.
No szgns, except one [(1)] one-premises sign not
larger than [th'rea by four [3 x 4)] six,{6) square
feet in size displayed for a period ot not longer than
one [(1)] week immediately prior t0 the day of such
sale, shall be permi,tted'.
id) A permit is obtained therefor from the 3uilding inspector
upon the payment of a fee of
[Section I00-311 Section I00-32. 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 iA Residential and Agriculture District l Agricultural~
Conservation District and in the Low Density Residential R-80 District unless -
the same conforms to the Bulk $chectule and Parkinc~ 5cneclute incorporated into
this c~ot~ with'the same force and e~fe~[ as i[ SUCh regulations:~ere set ~ort~
herein in full: as~well as to the fodowmg~ulk ~no ParKing requirements, [o w~:
A. In the case o~ a Io~t held in single a~d separate ownership prior to November
~3, ~971 and thereafter, with an ~reaof less than forty-t~ousand
square feet. a single family dwelling may be constructed t~er~on, provided
that the requir~ents of Column IAI vii of the B~Jk Schedule and the
Parking Sch~ule incorporated in [bishop ter are co~ith.
The bulk and parking requirements for single-family dwellings as set forth
in Column iA-q01 ii of the Bulk Schedule and the Parking Schedule incorporated
into this chapter s'~ail apply to t~ing Io-~, [o wit:
(1] All lots shown on major and minor subdivision moos which were granted
flnal approval by the Planning Board prior to May 20. 1983.
(2)
All lots shown on major subdivision maps upon which the PlanninQ
Board has held a hearing for preliminary map approval prior to
20, 1983.
(3) AJI lots shown on minor subdivision moos that have b~en granted s~etcn
plan approval by the Planning ~oard prior to A,lay 20, 1983.
All lots setoff or createc~ by aoorova~ of the Planning Board suosequent
to November 23, 1971 and prior to May 20, 1983.
':-'r
The bulk and parking requirements for single family dwellings set forth
in [Column A-~01 Columns i and iii of the Bulk Schedule and Parking Schedule
incorporated into this chaoter shall apply to the~g lots, to wmt:
(1) All lots shown on minor s~bbdlvision maps which have been granted
sketch plan approval by the Planning Board on or after May 20. 1983.
(2) All lots shown on maior subdivision maps upon wt;:i~ch the Planning Board
has held a hearing for preliminary map approval on or after May 20,
~C 1983.
(3} All lots setoff or created 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 [A-1601 xii of the Bulk Schedule and Parking Schedule incorporated
into this chapter-~-hall apply to the following lots, to wit:
[1) All lots shown on minor subdivision roads which have been grantecl
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 ~3reliminary approval on or after May
20. 1983.
(3) All lots setoff or created by approvat of the Planning Board on or after
May 20, 1983.
[Section 100-321 Section 100-33. Accessory buildings.
In the iA Residential and Agricultural District, ] Agricultural-Conservation
District and Low Density Residential ~-80. R-120, R-200 and R-q00 Ois[rlcts
the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Such buildings shall be set back no less than three {3) feet from any lot
line.
C. .All such buildings in the aggregate shall occuoy not more than forty percent
iq0%} of the area of the required rear ~ard.
9. Chaoter_:100 is amended by adding a new Article thereto, to be Article III-A to provide
as follo~vs: '
ARTICLE I11 - A
Low Density Residential R-~O District
Section lO0-30A. Purpose.
NOVEMBER 1; 1988
The purpose.
Of ~e LOwr Oensit~ Residential R-q0 District is to provide areas
:.f.or residential devel0~ment where exiisti!3c~ n~i~l~borhood characteristics, water
supply and environmental conditions ~er~it'fu[I ~h~eiopment densities of
~pproximately one ~we]lin9 per acre ~nd w~ere open space an~ agr cu tural
~ese~a[~en are not~ p~eaom[nate oOlectives.
Section I00~31A. Use regula¢ions.
In an R-4O District. ~o buildin9 or praises shall be use~. and no buildlna or
par~ o[a buHain9 shall be erected or altered whicn is arranqeQ, inten~ed'~r
deslgne~ to be used. ~n w~oie er in Dart. for any uses exce~[ the iotJowin~:
A. Permitt'~ uses.
(1) Same as Section lO0-31A of the Agricultural-Conservation District.
Uses oermitted by sDecial exceotionof the Board of A.opeals. The:followin
uses are oermittect as a soeciaJ exceotion by the~ard'of A,c~als~ as hereinafter
proviQeo, aha suDiect to site plan approval' bv the Planninc~ Bpard.
(I) Same as Section I00-31B of the Agricultural-Conservation District.
exceot {8) clqitgren~s recreation camo. { 9 ) tare labor camo and
veterinarian office aha ammal hosoitai not oermittea, and beg anQ
(2) Libraries. museums or art oalleries.
C. Accessory uses. limited to the follow~n9:
(1} Same as Section 100-31C of the Agricultural-Conservation District.
Section I00-32A. Bulk, area and parking requirements.
No building or oremises shall 3e used and no buiidin9 or Dart thereof shall
erecteQ or altered in the Low Density Residential R-q0 District unless the samo
coniorms to tn~ requmrement5 pi the Bulk Schedule and of the Parking 5cheQui,.,
full.
Section ~00-33A. ACCessor~ build[nos.' Accessor~ build~nQs shall be
to the same r~uirement5 a~ 5~tion ~00-33 of the A~r cu/t~ral Conservation
District.
407
10.
Article IV is repealed and a new Article IV.is added in its place, to provide as
follows:
ARTICLE Iv
Hamtet Density Residential (HO) District
Section t00-q0. Purpose.
The purpose of the Hamlet Density (HO) Residential District is to (1} permit a
mix at housing types and levet of residential Density approoriate to the areas
in and around the maior hamlet centers particularly Mattituck, Cutchogu~,,
SoutholdI Orient and the Viilaqe of Greenoort
Section 100, ql. Applicability.
The Hamlet Density (HO) Residential District may be desiqnated on the Zoning
MaD by tile Town Board, upon its own motion or by oetit on on parco s w th r,
one-hail mite of a Hamtet ~ '
Bus ness (Ha} District of Mattituck, Cutchoque and
Southoid hamlet and within one-c~uar~er mite of the Hamlet Business (~B) District
of Orient. cna within one-half mile of the oounQar¥ of tile Villaoe of Green9ort.
Section 100-q2. Use regulations.
In an HD District, no building or premises shall be used - and no building or
part of a bu dinq shall be erected or attered which is arranoed, intended or
A. Permltt ecl uses.
(l) One-family detached dwetlin9.
(2! Two-family dwellin?.
Uses oermitted by soecial exceotion bY the Board of Aooeais. The followino
uses are perm~tte~ as a special exceotlon ov tr~e k~3~r'Q pt A~o~t5, as hereinafter
prowoea, and suo~t co s~[e Dian aooroval Dy the Ptann[n~ ~oar~:
(1) Multiple dwe linos, townhouse, row or attached house.
(2] Accessory apartments in sinole-familv residence as set fortrl in and
reo. ulaleo o¥ Section 100-31812) of ~ne Aoricuttu~-~i-Conservat~on
District. '
(3} Bed and breakfast uses. as. set forth in and reoulated by Section
[O0-31B (15)! w~thout site Dian approval.
Accessor~ uses. limited to the followino.'
Accessory uses as set forth in and reoulated bv Section 100-3lC (1)
throuc~n {7) and (la} of~Aoricultura-~onservat~on District. and tu~J~t to
conoitions set forth in S~on f00-33 t~ereoi.
408
NOVEMBER.l,, 1988
(2) Freestanding or c~round siqns, subiect to the foilowinq rec~uirements:
-- One ( 11 si(~n eith'er sinoie'or douoi~-i~aced, not more ~han
~ore ~n five (5) feet a~ove the qroun~ unless aHac~e~ [oa ~ence
or wall. Such si~n shaii only inai~ate ~he name oi the pre~;~uch
siqn shah be se( back not less than ¢igte~n ~51 (eat f, om
~nd fot~nes. Su¢~ si~n shall comoJ~ w~¢~tJ ~{ th~
si~n re~uiazions se{ fort~ in Article XX. '
Accessory buildings, szructures a~td 0(her r~uired facilih~t~
and other commum~y 3err=cas ~o all buHdio~j s.t,'t c~u,-~-~,' ~3~-
~ the same shall ~e approved,by the Plan~;J7
Section 100-q3, Bulk. area and parkin~ requirements.
A. No buildin9 or premises shall be used and no buildino or part ther'eof shall
-- ~ erected or altered in the Hamlet Density (HO) Res~idential District unless
the same conforms with the Bulk Schedu e and Parking Schedue ncoroorated
~nto this chaDter, w~th the same force and effect as if such reOulations were
se( forth herein in full.
11.
Article V is repealed; Article VA is renumbered Article V, and the Sections
thereof are renumbered Sections 1D0-S0 to 100-58 reclusive.
ARTICLE V
AFFORDABLE HOUS1NC DISTRICT
Section TOQ- $0. Purpose.
The purpose of the Affordable Housing District is to provide the opportunity
within certain areas 0f the Town for the development or' high density housing
for families of moderate income,
Section 100- 51 Definitions.
For the purpose of this Articte. the following terms, phrases and words shall
have the following meaning:
CONSUMER PRICE INDEX - The Consumer Price Index as nublished by
th~ 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 ail family members
[excluding the earnings of working family members under age 21) from
any source whatsoever at the time of ~oplication for the purchase or
lease of an affordable housing unit or the purchase of an unimoroveu
affordable lot, does not exceed $39.000.00. which anrual 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 umt reserve~
for rent or sale to a moderate income family and for which the
maximum monthly rent (excluding utilities) or the maximum in.itial sales
price does not exceed the maximum rent or maximum sales price set forth
in Section 100- S6E hereof. .:~_%.
MODERATE INCOME FAMILY UNIMPROVED LOT - An unimproved lot
reserved for sale to a moderate ~ncome family, and for which the
maximum initial sales price, inclusive of the cost of providing public
water and/or public sewer service to the lot, does not exceed the maximum
sales, price set forth in Section 100- $6E hereof·
PERMANENT FIXED IMPROVEMENT - An imorovement to a lot or a
moderate income family dwelling unit which cannot be removed without
substantial damage to premises or total less of value of said
improvements.
Section 100- 52 Applicability.
AHD Districts shall be established by appticat on to the Town i3oard r~ursuant to
the procedures hereinafter specified, on parcels of land located within the
following areas:
A. Land within a one-half (½) mile-radius of tine post offices located in
the hamlets of Mattitucl< Cutchogue, Peconic and $outho]d.
L.~nd within one-quarter (~) mile radius of the post o~flces located
the hamlets of East Marmn and Orient..
C. Land within one-quarter ['~] mile of the boundaries of the Idcorporated
Village of Greenport.
D. 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.
NOVEMBER 1, 1988
Section I00- S3. Use Re.~lations.
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 er in part, for any use except the
following:
A. Permitted uses.
One-family detached dwelling
2.Two-family c:.vellin g
Multiple dwellings.
Accessory uses.
Accessory uses as set forth in and regulated by Section 100-30C
{2). {3), (~), (6} and (7) of this Chaoter.
Section 100- 54 Bulk Area g Parkirl~ Requirements.
No building or ~remises shall be use~ and no building or part thereof shall
be erected or altered in the AHD District unless the same conforms :o the
following Bulk. Area & Parking Schedule.
BULK. AREA & PARKING SCHEDULE
Minimum Single Famil .y Two-Family Muitiole
Reauirements Dwellinas Dwell/nas D wellinc~s
Total lot area [sq. ft. }
Lot Width (ft.
Lot Depth {ft.)
Front Yard (ft.)
One side yarc [ft.)
Both side yards
Rear yard {ft.)
Livable floor area [sq. ft. Der dwg)
Off-street parking spaces (per dwg)
Land area (sq. ft.} per dwg. unit
Maximum Permitted Dimensions
Lot coverage (peraent)
Building height
Number of stor~es
10.000 20,000 ~O,O00
80 100 150
tO0 1~0 200
25 35 4S
15 15 20
25 30 40
850 600 600
2 2 2
lO.O00 10,000 I0,000
20 25 25
35 ~S 35
2~ 2~ 2½
SeCtion 100- 55. Application Procedure
A. Application Procedure.
The procedure for planning and zontng 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; one
(2) Approval of a final, detailed site plan, and subdivision plat
approval, it' required, by the Planning Board.
Application to the Town Board for rezoning approval.
Four (q) copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk wno shall submit a cody to
the Town Board at its next regular scheduled meeting. The application
shall contain at least the fo/lowing information:
(I] 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, anc~ all other
persons or firms engaged or 3roposed to b~ engaged to 3erform
work and/or services with respect to the areiect described in the
appllcatJon.
(2) If the applicant ia not the owner of the property, written
authorization of the owner or owners authorizing the applicant to
submit the.. application an behalf of the owner or owners.
(3} A written statement describing ~,he nature of the proposed prelect.
and how it will be designed to fuilfill tlae purposes of this Article
(including its consistency w~th the Town Master planJ; an anat'/sis 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 proiect and the residents therein; the safety
and' capacity of the street system in the area in relation to the
antic/Dated traffic generated, and such other information as deemed
necessary by the Town Board and/or the Planning Board to enaote
them to Properly review and act upon the application.
409
A written statement describing the propose(3 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. =.?,=~ ..
A preliminary develonment conce~t plan for the proposed project.
drawn tO a convenient scale, and including the following information'.
(al The total area of the property in acres and souare feet.
A map of existing terrain conditions, including tonograpl~v wiih
a vertical contour interval ol~ no more than two ( 2 ) feet.
indentificatlon c~f- soil types iinclud~ing wetlands i. exlsung
drainage features, maior rock outcroppings, the extent pi
existing wooded areas and other significant vegetatiou, and
other significant features of the property.
(c) A site location sketch indicating the location of the property
with respect to neighboring streets and properties, including
the names Of ail owners of property within five hundred
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 facilitles, 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.
(fl A (~ne~31ized time schedule for the staging and completion of the
proposed prolect,
(gl An application fee in the amount of fifteen dollars ($t5.) for
each proposed dwelling unit or five hundred [$S00.] dollars
whichever is greater. ·
Referral to Planning Board.
Upon the receipt of a properly completed application for the establishment
of a new AHD District, one copy of the application shall be referre(3 to
the Planning Board for its review and report, an(3 one cody shall be
referred to the Suffolk County Planning Commission for its review and
recommendation, if 'equired by the provisions of the Suffolk County
Charter. Wlthin sixty (60J 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
e~<Diration of the Planning Board review period, whichever first occurs.
Said review period may be extended ay mutual consent of the Planning
Board and the applicant.
O. Planning Board Report.
The Planning Board, in its report to the Town Board. may recommenP
either approval of the application for the establishment of the AHD
District, with or without modifications, or disapproval of said
application. In the even~ that the Planning Board recommends disapproval
of said app cation, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, tile Planning
Board shall cjive consideration to the Town Master Plan, the existing and
permitted land uses in the area, the relationship of the proposed design
and location of buildings on th~'~'{ite, traffic circulation, both on anc off
the site, the adequacy eno availability of community facilities and
utilities, including pubtic water and public sewer systems, to service the
proposed development, compliance of lhe proposed deveiopmepl with the
stanclards and reDuJ~;~,~'~nents of this Article, the then- current need for
pt' this Article.
E. Town Board Public Hearing.
Within forty-five (q5) 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 ~roperty .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 (~5) 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 deveionment concept
plan an(3 the approval or disapproval of the establishment of the
AHD District applied for. Approvat or approval with modifications
shall be deemed as authority for the applicant to proceed with the
detailed design of the proposed development ~n accordance with such
NOVEMBER 1, 1988
concept plan and the procedures an0 requirements of this Article. A
copy of the Town Board's determination shall be filed with the
Planning Board and a copy mai/ed to the applicant. A cody snail also
be filed in the To,an Clerk's Office. If such determination approves
the establishment of a new AHD District, the Town Clerk shatl cause
the official Zoning Map to be amenDeD accordingly.
(2J Approval of the establishment of an AHD District shall expire twelve
(12} months after the date of Town Board Approval thereof Jr' the
applicant has not received site development plan aooroval and f'inal
subdivision plat approval of at least the first section of the ptanned
development within such twelve (12I months period. Approval of the
establishment of an AHD District shall expire eiohteen (18] months
after said Town Board approval thereof if work (~n the site has not
Commenced or the same is not being prosecuted to conctbsion with
reasonable diligence. The Town Boarc u~on application o( the
applicant, and upon good cause being sh~)wn, ma_~ in the exercise of
its discretion, extend both of the above time periods t'or not more
than two J2J additional periods of not more than six (6) months
each. In the event of the expiration of approval as here:n provided.
the AHD District shall be deemed revoked anc the zoninc.
classification of the property affected thereby shall revert [o its
zoning classification that existed on the property immediately prior [o
the establishment of the AHD District thereon, and the Town Clerk
shall cause the official Zoning Map to be amended accordingly.
$iJe Plan And Subdivision Plat Approval by the Planning Board.
(I) No earthwork, site work. land clearing, construction or development
activities shall take place on any property within an AHD District
except 'n accordance with a site Dian approved by the Planning
Board in accaraance wit~ the provisions of this Article aha in
accordance with the ~3roceDures and standards for site plan aooroval
as set forth in Article XXVof this Chapter.
(2) Where a proposed development Involves the subdivision or
resubdivision of land, no development shall ~roceed until the
Planning Board has granted final subdivision otat approval in
accordance with the provisions of Chapter A106 of the Town Code.
Section 100-56 General Regulations and Renulrements,
Sewer and Water.
In an AHD District. public water aupply systemsand/er public sewer
disposal systems shall be provided to serve all dwelling UP/ts located
therein.
Covenants and Restrictions.
In approving a preliminary dovelooment concept o|an and/or the
establishment of an AHD District. the Town Board snail 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 ¢~eems necessary
to accomplish the intent and purposes of :his Article.
Provision For Moderate Income .Family 'Dwelllng Units And Unimproved Lots.
{1) On land within an AHD Dlstrtct contalninq ten [10) acres or less of
land, not less U'tan forty (40%] oercent o~ the Owe/ling unit's ancJ/or
unimoroved lots Ioceted therein shall be reserved for sale or lease tc
moc~erate income families.
(2)
On land within an AHD Dlstrtct containing more than ten (I0) acresd
land, not ?ess than fifty (50%) =ercenc of the Dwelling units and/or
untmorovecl ~ots therein snail ~3e reserved fop sale or lease to m~eraT
income families.
O. Eligibility.
In each AHD District, the sale or lease of dwelling units reservec
t'or moderate income familles, and the ~a~e of unimproved lot:
reserved for sate to moderate income families snail be allocated on ;
priority oasis. In the following order: ....
(a! First to eligible applicants ~mDl.oyed in th~ Town of Sou[hold.
{b) 5~on~ to eligible appll~nts who r~si~e in the Town o
Southold, In the order o( length of'residence in the Town.
(c} Thir~ to all ot~er.eJlgibl& applicants.
E. Maximum Saie~ Price And Monthly Rent.
(1] In an AHO District, the maximum Initial sales orfce of a awaiting un
or untmoroveQ Io[ reserYed for 5ale to mocera(e ~ncome families she
be as follows:
[a] Unimproved IOt co~rtaining an area of 10.g00 s~./t. ' $25,000o
{bi Attached dwelling unit - $60,000.
(c) Single-family detached dwelling unit - $75. 000.
(2)
The maximum initial monthly rent (exclusive of utilities for a dwelling unit
reserved for moderate income families in the AHD Dist~;ict shalt be as
follows:
(a) Studio Apartment - $300.
4'I1
NOVEMBER 1,, 1988
[13) One bedroom dwetling unit - SZlO0,
(¢) Two bedroom dwelling unit - $500.
(d) The provisions of this Section I00=56E(2) shall remain in effect as
to each dwelling unit for a period of fifteen [15) years from the dbte
of the~inittal lease thereof.
(3) The maximum sa/es prices and monthly rents set forth in Section
10g- 56 (ii and (2] hereof shall be revised each year on January 3]st to
conform to the previous year's change in the consumer price index.
F. Resale Price of Dwelling Units and Unimproved Lots.
(I) Dwelling units: in an AHa 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,' adiusted for the iricreasb 'in the consumer
price index during the period ~f ownershlo of s~(~h dweilinc~ unit and
such imorovemeots plus reasonable and necessary resale expenses.
(2) Unimprovecl lots in a AHa Dlstr ct reserved for ~od~erate income families
may be resold to moderate income families, pro~'id~d treat the maximum
resale price does not exceed~the purchase price of.~U~h ot adiusted for
the channe ~n the consumer price ~ndex for the oerlod: during whtch such
lot was owned by the resale seller, plus reasonable and necessary resale
(3) Where an unimprovec~ lot in an AHa District reserved for moderate income
families is imoroved 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 (I), (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 3rice specified in Section 100-56-F (1), (2) and C3)
hereof, under the following conditions:
la') That the owner of such dwelling unit file an appticatio, with the
Director recluestlng approval of suc~ resale, setting forth in detail
the calculation for the determination of the maximum resale price, the
proposed resale price, and such other information and documentation
as the Director shall request.
(bi That the portion of the resale atica n excess of the maximum
allowable resale price shall be divided.' between the resale seller and
the Town in the Eollowin..g._:_~roportions.
Year of Resale Percentage Percentage
after purchase to Owner To Town
1st 0
2nd 20 80
3rd ~0 60
qth $0
5th _.~-- 80 20
6th -90 10
lc) All money received by the Town pursL~nt to the provisions of
the preceding paragraph (bi shall be deposited in separate
accounts and shall oe expended only for the purposes of this
Article in such manner as shall be determined by the Town
Board.
Section 100- 57 Adminis[ration.
A, General Duties or' Director.
(1) The Director shall be responsible for the administration of dwelling
units and un~mproved lots reserved for moderate income families in
all AHa Districts pursuant to the provisions of this Artlcte.
(2) The Director shall- promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for
moderate income families in ail AHa Districts; the number thereof -
available for sale or lease at ail times; the sales prices an~ monthly
rent for such dwelling units and 'ors; the names and addresses of
eligible families desiring to purchase or lease the same. together-with
a priority list of such families. The Director shall maintain such
other records and documents as shall be required to properly
administer the provisions of this Article.
B. Interagency COOperation.
[I) Whenever the Town Board approves the establishment of an AHa
District. a copy of such determination shal be filed with the
Building Inspector and the Di~:ector, together with a cody of any
agreements anc~lor COvenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a
site plan affecting land within an AHa District, a cody thereof shall
be filed with the Building Inspector and the Director, together with
coo~es 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
a~fecting dwelling units and for unimorovecl lots located in an AHa
District and reserved for sale or lease to moaerate ~ncome families, a
copy thereof shall be filed with the Director.
NOVEMBER 1, 1988
C. Procedure,
[1] Whenever the Building Inspector receives an aaplicauon for a
certificate of occupancy for a'dwetling unit or unlmorovecl lot located
in an AHD District and reserved for 'sale or lease to rnoclerate income
families, the Building InsDec¢or shall file a copy Lhereof 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
see~:ing to purchase or lease such dwelling units or lots.
(2) No certificate of occuoancy may be issued by the Building Inspector
until the Director has suPPlied the Building Inspector with the
information provided for in the preening paragraon and
Building Inspector determines that the issuance of the..~ertifica[e ol-
occupancy will not permit a use. occupancy, sale or lease of
dwelling unit or un~moro~d lot in violation of the ~rovisions of this
Article.
The Director shall certify the eligibility of all aoulicants ~or lease or
purcnase of dwelling units and ummprove~ Io[s reserveo rot
moderate income families. An owner of dwetlin~ units and un~moroved
Io[s ~n an AHD Dis~ict which are reserved for sale or lease
moderate income families shall nol sell or lease [he 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 y~r. the Director shall notify the
owner or manager of dwelling units and unimproved lots reserved for
moderate income families of ~he monthly rent, sale. price and income
eligibility requirements for such units and lots based upon data
derived from the pr~eding year.
(5) The owner or manager of dwelling units and unimproved ~ots
reserved for moderate income families shall certify in writing to the
Director on or before ~y 31 of each year that the sale and/or lease
of such dwelling units and lots comply with ~he provisions of this
Article and Chapter 100 of the Town Code.
When a dwelling unit reserved for lease to moderate income families
is to be rented, the I~se for such unit shall not exceed a term of
two (2) years.
Section 100- 58 Applicability of Town Code.
All of the Provisions of the Code of the Town of $outhold not inconsistent
or in conflict with the provisions of this Article shall be applicable in the
AHD District.
413
Article VI is repealed and a new Article VI is added in its place, to provide as
follow s:
ARTICLE Vl
Resort Residential (RR}
District
Section 100-60. Purpose.
The puroose of the Resort Residential (RR) District is to provide oooortunity
for resort Development in waterfront areas or other approoriate areas wtlere oecaus~
of the availability of water aaa/or sewer more intense develooment may occur
consistent with the density and character of surroundinc~ lands.
Section 100-61. use rec~ulations.
In an RR District, no building or premises shall be used, and no buildinq or
part of a buildinc~ shall be erectec~ or altered which is arrange~, intendeci or
oes~c.,lneq to be usec~, in whole or ~n part. for ~n¥ use exceot the followmc~:
A. Permitted uses.
(1) Any permitted use set forth in. and as regulated by Section I00-31A
Of the AC~lricutturaI-Conservatlo~ Oistrlct.
B.__ Uses permitted by st~ecial exceotion b~' the Board of Aopeals. The followinn
Drov~ded.' and exceot for the uses set forth in subdivision {'5) hereo~.
are suo~ect to s~te o~an ao~rovat o'f' the Ptann~nc~ t3oard.
[11 Any soecial exce~ti0n use set forth tn, and as regulated by Section
IO0-31[B) (l), [6), {7) ina L]q) of the Agricultural-ConServation
~istr~ct.
(2) Marinas for the docking, moorinc~ or accommoaation of noncommerc~a~
boats.
(3) Yacht clubs.
(z~). Transient hotets or motels, resort hotets or mote~s, conference facilities
414
NOVEMBER 1, 1988
(al Minimum oarcet siz.~ shah be five ('5) acres,
(bi The maximum number of ~uest units shall be:
one (11 unit Der six thousand I6,000l sOuare feet of lan~
wi~hou~ ou~lic':wa~er or sewer,
one (t] unit ~er. four ~housand (q 0001 square ~eet of land
NO music, en~erta~nmen~ or ~ou~soeaker s~stem shah be audible
from ~ev~ ~e
(dl No lights shall create a ~(are on
]00-J;~ (15).
(5l Tourist cam. ps as regulated by Chapter 88 of the Town Code.
(7) Free standinc~ restaurant.
C. Accessory' uses.
(Vi Any accessory use set forth in, and as regulated by Section 100-
3lC [I) through (7] o£ the Ac~riculturaI-Conservation District.
(2l Signs as rec3ulated by Section 100-31C [9) of the Agricultural-
Conservation District. and in the case of a hotel, motel resort.
tourist camo. country club. beach club. swim club, tennis club,
if the buildinc3 is set back twenty-five (725) 'feet. one {il free-
standinc; or c~round illuminated sign with a maximum area of
e~gnteen (181 square feet may be permitted at the entrance, set
back ~r mmimum of fifteen (15) feet from the street tine.
(3] Sanitar~f and laundry, facilities.
Accessory uses set for,th in and as regulated bv Section 100-a2C[3!
of the Hamlet Density Oistrict.
Section 100-62. l~uik, area and parking reClu~rements.
Except as otherwise provided herein, no buildinc~s or premises shall be used
ancl no buiidinc) or part thereof shall be erected or at(ered In the Resiciential
--'P.R District un,ess the same coni'orms w~tn the Bulk ScheDule and Parking
13.
and Loadin~ ScheDules ~ncoroorated into tlq~$ chapter Dy reference w~tn tn~.
same force ancl'~/fect as if ~uch re~.ulations were set forth harem in full.
Article VII is repealed and a new Article Vll is added in its pla~;e, to provide as
follows:
ARTICLE VII
Residential Office (Rd) District
Section 100-70. Purpose.
To provide a transition area between business areas and low density residential
Development along malor roads which will provide opportunity for limit, ed nonresidential
uses in essentially residential areas.
Section 100-71. Use regulations.
In a Residential Office (R'O1 District. no buiidino or premises shall be use~. and
no buildin~ or part of a building shall be erectec~ or attereO wh~cl~ is arranoeo.
intencled or eesic~ned to be usecJ, in whole or in part. for any uses except ~ee.
followm~:
A. Permitted uses.
(11 One-family detached dwellinqs, not to exceed one dwellln~'on each lot.
[2] BuildlnQs, structures and uses owned or operated by the Town -of
$outnol~. School Districts, Park Distric:s and' Fire Districts.
Uses permitted by special exception by the Board of AoDea s. The foilowinc~
uses are oerm~tteo as.a soecial exceot, lon bv the "~oard 6f Aooeats as heremafter
{31
that not more than one { 11. use snail De allo~veo for each q0.O00 SCl. ft, of lot al
( ~l :hrouon (7) Of :he ~%~i'lcuttural-Co~aservatlon dist',ct
(21 Professiona offices and business offices.
Funeral homes.
Bed anO Breakfast uses as set forth in and reoutated by Section 100-3181
(5} Libraries, museums or art oalleries.
Accessory uses. limited :o the following:
(11 Accessory uses~s set forth ;nanO regulated by Section 100-31 [11
:hrouo~ [7) o~ ~he Aqricuitura~-Conservauon District, and suo~ec[ to
(2) The ~ollowing s~gns, subiect ~o the suop{ementary si~n reoulu:[ons set
(al O~.e~-{Jl in. gij~t:L¥:~jJ~i,~Lre~,_..a~am, e~olat.~..gc orofessional sion not
(bi
One { I1 real estate sign. either sinqle or double-faced not larqer
~'t~not less ,~an fifteen ('15) f~~'K~-l-i~' 'where
acreaae or a subaivision has a continuous [rontaq~
(500) ~eJ or more,- said si~n may no~ exceed twen~v-iour ~2~1 square
{c) One {.1} bulletin board or other announcement or identification
s~gn for uses permated by SeCtion lO0-31B (3} t4l, [51 and
(6), not more~than, ec~ilt~en (18) square feat In area, located
not less than fifteen (15)feet from at~,v street or ~ot [ina.
(3] Accessory uses set forth in and regulated b~ S~tion 100-~2C[3)
of the Hamlet D~nslt~ District.
S~tion 100-7~. Bulk. area and oarkin~ ~quir~men[s.
No building or premises shall b,e osed and no building or part thereof
shall be erected or' a tared n the Res dance-Off ce (RO} 0 sir ct un ess
the same conforms w th the Bu~k Schedule and Parkino and Loadinq
as if such reCJulations were ,Se( forth herein ~n foil.
lq.
Article Vlll is repealed and a new Article VIII is added in itm'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 alon~ hic~hway corridors, Dui m areas
OUtSide the hamlet central business areas that Ls consistent with the rural
and historic character of surrounding areas eno uses. EmDhasls will be placed
on review of OeSlQn ~eatures so that exlstln~ eno future uses will not detract
from surroundino'uses. The additional uses must Qenerate low amounts of
traffic and be des~c~nea to orotect the res~dentaii a~a rural character of the
area.
Section 100-81. Use rec~ulations.
In the LB district, no buildina shall be used and no buildinq or oart of a
to oe useo, in whole or in part, for any uses exce'ot :he foitow~nc):
A. Permitted uses.
{1) A,n.,v permitted use as set Forth in and reoulated by Section 100-
3lA of the A~ricultural-Conservat~o~ Oistr~ct.
The followlnc~ uses are permitted uses subject to site olan aoorovat
bv the Pl~nninq Board:
[al Retail businesses comolementar~ to the rural an(3 historic character
~f the surrounding area limited ~o the Iollow~no:
(i) Antioue. art and craft snobs and c~allar~es.
(ii) Custom workshops and machine shops.
(iii) Wholesale or retail sate and accessory storaoe and disotav
prov~oea that the outdoor storaoe or disalav of plants
line.
(iv] Libraries or museums.
(bi Professional and business offices.
(c) Funeral Homes.
(e) Personal service stores and shoos, incJudina oarDer shoo.
[~(~au[v ~rlor, professional s[UCilOS and [ravel a(lellcv.
Repair shops for housohold busi~ess or l~ersonal
incJudinn CaDInet
(gl, Wholesale and warehousino.
(h) Retail uses suDolementa! '-o the service bus,ness establishment.
416
NOVEMBER
B.
1, 1988
Uses permitted by sl~ecial exception by the Board of Aopeals. The followinq
uses are permltte~l as a soecia[ exceotton by t~ Board of Appeals as
hereinatter provided, and except for B~ and Breakfast uses are sub~ect
to site ptan approval by the PlanninQ. B~rd.
{1} Any sp~iat exception use as set ~orth in and re~uated b~ Section
10Q~318 of the~ A~ricult~raI-Conservat~on Oistr ct:
Accessor~ uses. limited to the ~ollowin~ uses:
(1) Any access~ use as set ~orth in and regulated by S~tion ~00-
31~ (1) throug~ (8) of the A~ricuituraI-Conserv~t~n District. and
~ SUblet to [~e conditions se~ forth in SectiOn~, 100-33 thereof.
[2) $~gns subject to the following requirements
(al Freestanding or ground signs. Where the bulidino is set back
twenty-five (25l feet or.more from the street, one~s[on sinQm
' or ~ou~le-face~. no~ more than eighteen (18) square f~t.
lower ~e of which shall be not less than four feet abo~e th~
of which snail not extend more c~an fifteen (15)~ feet above
rou~a, winch ~ign shall be set back not less than f fteen (15)
eel rom all street and pro~ert~ lines and snail a~vertise ont~
the business conGucte~ on the'oremises. As us~ in thi~
5MPs~tion, [he~wor~ "Dcemises" s~all mean all conuguou~
~ropert~ ~n common ownersh~o.
(b] Wall signs. One si~n attached to or [ncoroorated-ln each buiidinq
in SUCh butidina, ~rov~aea trial such s~on GOeS not:
(ii Exceed one (Ii sauare foot in total area for each
(ii) Exceed in width one hundred oercent [I00%1 of the horizontal
liil} Exceed three (3) feet in heigh, t.
(iv) Project more than one (1} foot from such wall.
Section 100-82; Bulk. area and pa~*kin~ requirements,
Except as otherwise provided herein no buildings or orem~ses shall be used
aha no buildin~ or Dart ther~f shall be erec=eo 0r altere~ i~ the LB gis[ric~
unless the same co~rorms wmtn the ~uJk Schedule and Parkina an~ Loading
Schedules ~ncorporatea mid this c~aot~r b~ reference, with ~ne same rnrc~ and
effect as if such regulations were set forth herein in full,
15. Article IX is repealed and a new Article IX is 'added in its ~lace. to provide
as follows:
ARTICLE 1X
Hamlet Business (HB) District
Saction 100-90. Purpose.
The nuroose of .the Hamlet Business (HB) District is to orovide for business
deveiooment in the hamlet centra~ business areas, inctuc~inc~ retail, office and
serwce uses, Dublic and semi-oubiic uses. as well as hotel ana motel and multi-
family residential develooment treat will support anc~ ennance the retail aeve~oomer~t
and orowde a focus for the t~amiet area.
Section I00-91. Use regulations.
In a HB District. no building or premises shall be used, and no buildlna or Dart
of a building shall be erected or alterec[ whicYl is arrangea, intencJeo or desi~neci
to De useD, in whole or ~n part. for any uses except the followino:
A. Permitted uses.
(11 Any oermitted use set. forth in and rec~uiated by Section I00-31A (1)
anc~ (3) of the Ac. tricuiturai Conservation District.
(2) Any oermitted uses as set forth in and as reQulated b~_Section 100-
q2A (2) of the Hamlet Residential Distr~ct.
(3) B.oardinc~ houses and tourist homes.
(q) Business, ~rofessional and clovernmental offices.
(51 Banks and financial institutions.
(6} Retail stores.
(7) Restaurants. excluding drive-in ~estaurants.
(8l Bakeshoos (for on-premises retail salet.
Personal service stores and shoos, lncludin~ barber snoo, beauty
parlor, ororess~onal s[uoios, and travel auency.
NOVEMBER 1, 1988
{10) Art. antic{ua and auction .~aileries.
(11) Artists' and craftsmen's workshops.
(12) Auditorium or meetino hall,
(13). Re,pair shops for househ~!d, business o~* personal appliances, inciudina
(lt~) Custom workshops,
{I$1 Bus or tram stations.
( 16] Theaters or cinemas [other than OUtQOorl .
{17) Libraries or museums.
[!8) Laundromat.
B_.:.. Uses permitted by special exception by the Board of Appeals. The [ol[owln~
uses are oermmtted as a special exception by the Board o~f ~opeals as
hereinafter provided, subiect to site plan approval by the Planning
Board.
(I) Any special exception use set forth {n and as regulated by Section
100-31 B (3) to (6)and (14) and T151ot the ~,c~ricuJture Conservati~3n District
{2) Multiple dwellings and townhouses.
{3] Motel and hotel uses as set forth in and reoulated by Section I00-
61 B (4) of the Resort Residential B DistriCt. except that minimum
lot size shall De one (1) acre.
(~1 Apartments may be permitted 'over retail stores, subiect to the t'ollowin9
re~ uIrements
The explicit written approval of the Town F]re Prevention
Inspector snail be obtained for the, desiQn, location, :access and
other safety-related ailments of every SUCh ac~artment No
a~.artment sba t be permitted over fi no stations stores
r~tailing flammaPte or fume-producing c~oods, restaurants or
other businesses with kitchens or other- facilities oroduczng
Intense neat. or any other estaoiishment which the Fire
Prevention inspector determines [o pose a areater-than-avera~e
built-in fire risk.
(b)
The habitable floor area of each apartment shall be at least four
hundred fift'~ (itS0} square Ieet, out tn no case more than seven
hundred fifty (750) square teat. The aoartrnent shatl not
locat~ on :ne first floor of the buiidin~t'and the apartment shait
contain all services for sa~e and convenient haDitation, meeting
the New York State Uniform Fire Prevention ano BuHdina Coae
aha the 5anitar~ CoOe.
(c) There shall be no more than three (3) apartments created or
mamtatneo In any sinQ. ie buiidinq.
(d) Each apartment, or common hallway serviczno two or three
first floor.
(el
Each apartment shah have at [east one ti) on-site off-street
parKInc~ space meetlno the stanDarDs or this chapter, conveniently
{ocate~ /or access co ~he apartment.
Ill
Only the owner of the buildino in which it is arooosPd to locate
the apartmenttsJ may apo~¥ fc~r ttlis special permmt. The ~oard 0f
ti] The~,. _--apartment , _Pr any, proprietor, ~' or other ------interest- therein ,
will not be soTS- co the tenant or an~ ot~,~rtyT-~c~,,~ -'
{ii3 The apartment is made available for Year-round ~'{~ntal
[iii) The apartment is properly constructed, maintained aha
USed and unaooroveo uses are excJuded {-~fr~o-~.' '--
(iv)
~ny other condition deemed reasona.ble and necessary to
insure :ne ~mmea~a[e-and Ionq~-term success o the apartment
J~ helping to meet identified housing needs in the communi[),
is comolied with.
[5) Bed and breakfast enterprises or boarding and/or tob~ist 13ome as
set forth and regulated by Section 100-5t8 (3) of the Resort Residential
A District.
[6) Fraternal or social institutional offices or meetino hall,
(7) D f"inkin9 establishments,
(8) Public Garage.
(9! Funeral Home.
417
418
NOVEMBER 1, 1988
C. Accessory Uses.
(1) Accessory uses as set forth in and regula?d by Section 100-31C
througil (7) of the Ac. lriculturat-Conservat~on District. and SuDlect
to the conditions set forth in Section 100-33 thereof.
(2) Signs as set forth in Section 100-81C [2} of the Limited Business
District.
( 31
Directional or informational signs, not exceeding two (21 souare feet,
which, me Planning Board finds to be necessary to facilitat~ orcu~ation
throucnout me district.
Section 100-92. Bulk. area and parking reouirements.
No building or orem~ses shall be used and no building or Dart thereof 'shall be
erected or alterea ~n the HB Distrtct ~nless the same Gonforms with [~e ~uik
Schedule an~ ParKtnq and Loa~inQ Schedules incorporated into this chaoter
b~ tolerance, w~t~ t~e same ~orc~an~ e(/ect as if such regulations were set
/ort~ here~n in full.
Section 100-93. Uses confined to enclosed build/nos.
All uses oermitted in a HB District, includinc' the di.solav and sale of merchandise
and the storaoe at all orooertv, exceot livin6 otants, shrubs or trees, shail
be confined t~ full.v enclosed buiioinos on me orem;ses.
Article × is repealed and a new Articte X is added in its place, to provide as
follows:
ARTICLE X
(;eneral Business (~B~) District
Section I00-100. Purpose.
The ourpose:of the Ceneral Business '(B) District is to
prowde for re[ail and wholesale commercial development ancl limited office and
industrial dave/Dement outsiDe, Of the hamlet centrat,t3us~ness areas. ~eneraily
aiona ma/or hiohwavs, it s des oned to accommoaa(e uses that benett from
large numOers of motorists, that need fairly large parcels of land. and that
may involve characteristLcs such as: heavy trucking and no,se.
Section I00-101, Use regulations.
In the ~B) District. no building or premises shall be used. and no buitdin~ or
to be used. in whole or in Dart. for an~ uses except the following:
A. Permitted uses.
Any Dorm/trod use set forth in and reautated bv Section I00-31A (21
ancl [3) o~ the Agriculture Conservation District.
(2) Any oermitted use set forth in and reoulated by Section 100-9lA (3)
to il 8) of the Ham/et Business District.
Wholesale businesses, warehouses, and buildinc~3 material storage and
sate. but exclu~Jn~ storaC~e O[ coal, COKe, fuel od. or ;unK.
Building, electrical and olumbinq contractors' businesses or ,/ares.
(6!
Cold storage plants baking and other food Drocessino and oackaginO
uses o'~ reason of dust. smoke, wbratton, nmse. oaor. or effl~Jent.
materials, supplies, and plants, incl[Jdin.o r~urser¥ ooera'ttons~ Dray/dad
three £ee~ Of prooer~y line.
(7] Wholesale/retail beveraoe dlstribu[,,on.
(81 Funerat homes.
(9) Train or bus stations.
(10l Teteohone exchanoes.
B. Uses permitted by soecJal exced(1on by [he Board of Aooeals,'The following
uses are oerrnltteo as a soecla~ exception ov the Board oi ..\b~:~s as
Board.
(Il Any soecial ~xce~tion use as set forth in an~ reoulated bv Section
lO0-31B (2) [o ( 13l ui the Aorlcuiturat-Conservation Oistr,ct.
(2) Hotel or motel uses as. set Forth in and reoulated bv Section lDO ;l~
shall De one (1) acre .
Bed and breakfast enterorises or boarding and/or tourist homes
as set forth in and regulated by Section 100- ]lB (IS) of the
AcjricuJtural----~ns~rvatlon District, except that no s~te plan aoDroval
(q) Tourist comes as re.gulated by Chapter 88 of the Town Code.
NOVEMBER 1', 1988
(5) Research ( that any
man
testing. .
(6) Fully enclosed commercial recreation facilities inc~din9, but not
I~imited to. tehn s clubs, skatincl rinks oaddle tennis, hancibai~'-and
squash facilities, dance halls. 6illiardqaarlors'; bowlino alleys, health
~as anti clubs and uses normatty accessory and incidental [o commercial
reCrea£Jon~ such as locker rooms eatinc~ and drinking facilities.
r~taii sate,of gooc~s associated with the ~')articular activity.
(7) Laundry or dry cteaning plant subieot to the fo/lowing conditions:
(al All orocesses and storage shall be carried on within an enclosed
bUtldinc~.
lb) All fluids used in orocessing shall be recycled, and the overall
fac,ilit~ shall be desJclneo, located and ooerated to protect surface
wakers ano the qrounowater reservoir from' pollution.
(8) Fraternal or social institutional office or meetino hall (non-profit)'.
[9) Fast food restaurants, orovided that eating on the oremises of th~
is forty thousand lq0,000) souare feet.
(I0) Orinkinc~ establishments.
(11] Automobile laundr.~.
(I2) Public garac. Jes, gasoline service stations, new and used motor vehicle
Ibis, ~ehicte sales and rental, includino the sale of recrea[~on-~ict~'s
and trailers and boat sales, with accassorv repair facdJ?F~ aI-Tl-~d~i'Gct
lo the foHowin(~, raquiremen~s:
(al
Entrance and exit driveways shall have an unrestricted width
of not less than twelve {I2) feet and not more than thirty (30)
feet and shall be located not Jess than ten i10l feet from any
~C
(bi
[d]
(e)
of any vehicle backinc} out across any oublic rioiat-of-wav.
Sale of used vehictes o~-":~'~)oats shall De conducted onl'y as accessory
to' the sale of new vemctes or ODORS.
Vehicle lifts~pr pits. dismanded automobiles, boats and valencies
anu ail Darts or suoolieS shall De located w,tl~lll d
All service or reoair of motor vehicles, other than such minor
serwc~ng as chanoe of ures or sa~e or gasoline or od [--~',~i[
conDucteD in a hQ'Haling.
The storage of 9asoline or flammable oils in bulk shall be located
fully underground and not less trion chirt¥-five-~'3$1 feet
any propert'// line other than the street tine.
No oasoline or fuel Dumas or tanks shall be located less than
fi{t~en [15) feet from any street or 'Jrooertv
Outdoor area lighting shall be that generally' ~eouired for
security purposes and shall be restricted to the front one-
third (1/3) of the lot Death. All outdoor liqhtino shall be
located at a height of not more than fourteen (lq~ feet above
c~round level and so directed that illumination should not extend
beyond lot lines.
No qasoline service or rebait shoos or similar businesses are
to 13e located,wlthin three hundred (300) feet of a churcn,
public school, library, hOSpital, orphanage or a rest home.
[13] Partial self-service c~asoline service stations, subject to all of the
provisions of Section 100-10lB (12) herein, and the following additional
reou~rements:
(a) Each partial self-service gasoline facility shall have a qualified
attendant on duty whenever the station is aden for business.
It shall be the Outv of the qualified attendant to control and
ooerate ootn the ¢6nsote regu~atln? :ne flow of gasoline to the
dis~3enslnd eQu oment thereafter ~o De o erateo o ~ne customer
~ ~he self-service oumD isl~nO and the OisDensm~ equ~Dmen~
on the other ~umD islands.
(bi Gasoline shall at no time be dispensed withou~ the direct
(c)
'The console reoulatino the flow of oasoline to the remote
disoensmo eaU;blent=thereafter Do'rateD Ov ~ne customer at
the setf-s~rvi'ce Duma ~slanO snatl:'oe situated =n sucn a manner
419
4.20
,NOVEMBER t, t988
The self-service pump island shall have controls on all pumps
that wdl perm,t sato Dumps to operate onl'~-wnenta d soensm~
(et The self-service
{fl No customer shall be oerm;itted to dispense oasoJlne unless
shall bosSe-SSa ~atid ~motor'venici'e ooeratdr~s llce~se.
(cj) There shall be no latch-open device on any self-service dispensing
(14) Private transportation service inctudino 9araoe ano maintenance
{il Accessory uses set forth in and as reoulated bv Secbon tOO-J1C
{ 11 throur~h I 8) Of the A~r~cui [uraI-Co~serva[~o~ Ois[r:c~.
(2] Wail signs as set forth and regulat~ in subsection C {2)(bt nl the
Limited Business O~st~ict Section
(,3) Free-standing or ground signs. ' Where the building is setback twenty-
five (25) feet or more from the street, one (
faced not more than twenty-four (2~) square feet, the lower e~ge of
~hich shall be not less than four (ti) feet above the ~ound,un esr
attached to a wall or. fence and the upper edge of which shall not extend
more than 'fifteen [15) feet above the ground sha be germ tied, wh ch
s~n'shall beset back not less than fifteen (15] feet f~om all street and
property line~ and sba advertise onl~ the busJness cond~ctedon
praises. As used in this subs~c~on, the word "'~remises" shall mean
all contiguous ~roperty m common ownership.
(~) q~en storage of materials or equipment provided that such storaqe shall
be (1) at.least 25 feet from any lot ne (2) not be more than si~ feet
.... ~i~h, and:(3~ Be'suitably Screened by a solid fence or other suitable
means of.at least six feet in heic ~t.
Section 100-102. Bu[k,: area and park ng requiremen
No building or premises' shall be used and no building or part thereof shall
be erected or altered in the (B)~Dist'rict unless the same conforms wiLh t~
Bulk Schedule ann Parking and Loadin~ Schedules incorporated into this
chapter by reference, with the same force and effect as if such re~utat~on
were set forth herein:in full;
17.
Article Xl is repealed and a new Article Xl is added in its place to provide
as follows:
ARTICLE Xl
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
recluire or benefit from direct access to, or location tn marine Or
tidal waters but which are located within the Town's tidal creeks
or natural coves.
Section 100-111. Use ReC. lulations.
In an MI District, -no bu Idin,q or premises shall be used and no
buildin~ or part of a buildincj ~hall be erected or altered which
is arran,tied, intended or designed to be used, in whole or ~n
part, fo~ any uses: except the following:
A. Permitted uses.
(1) One (1) One-family detached dwellin.g per single and
separate lot of record in existence as of the date of
adopuon of this local law.
{2) Marinas for the dockinq, moorin~ and accommodation
of recreational or commercial boat'S, inctudinc~ the sate
of f~ue! and pi! pi-imaril¥ for the use of boats
accommooated in such marinas.
(3) Boat docks, slips, piers or wharves for pleasure or
fishin,c] trips or for- vessels enqaged in fishery or
shellfishery.
114) Boat yard for building, storing, repairing, rentinc~,
selling, or servicing boats which ma~' ~nclude the
foliowin.g as an accessory use: office for the sa~e of
marine ecju~pment or products, dockside facilities for
(s)
dispensin~ of fbel and where pumpout stal~ons are
provided, restroom and laundry facilities to serve
overnight patrons.
Boat and marine enc~i,ne repair and sales and display.,
yacht broker, marine-lnsurance broker,
NOVEMBER 1, 1988
B~.Og~,-~%~Sa~a,,q.d,~-~g~es,,.gwned or operated by
.t~e ~6~h'~.~-Sbt~}~~ S~h~gl Districts, Park Districts
and Fi~e Districts.
Ret~ I sale or rental of fishing, divin~, bathin~
supplies and ~uipment if accessory to manna or Doa~
yard of ships loft o~ chandlery.
B-- Uses permitted by special exception by the Board of
.Appeals. The foil~in.~ uses are ~ermitted as a special
exception by the Board' of Appeals~ as aeremafter provided,
sub}ect to site plan approval by the Plannmc. i Board.
(1} "~.Beach Club, yach! club or boat club including uses
courts, and racquetball £acili[ies.
(2) Mariculture or aquaculture operations or research and
development.
C. Accessory uses, limited to the fofiowin~:
,[1] Accessory uses as set forth in and re.quieted by
Section 100-31C (1) throuqh (7) of th~
Agricultural-Conservation District, ancl subject to th,
conditions of Section 100-33 thereof.
(2__~) Signs, as set forth in and regulated by Section
100-81C (2) of Limited Business Oistrict.
Section 100-112. Bulk, area and parldn9 requirements.
No buildinq 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
~'ncorporated nto this chapter, by reference~ with the same forr~
and effect if such requlations were set forth herein in full.
17A. Article Xll (Board of Appeals) ~s renumbered Article XXVII and a new Article
Xll is added in its place, to provide as follows:
Marine II {Mill District
S~ection 100-120. Purpose.
To provide a waterfront location for a wide ranc~e 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 and which in general are located on major
.waterways, open bayfronts or the Long island Sound.
Section 100-121. Use Regulations.
In an Mil District, no buildin~ or premises shall be used and nn
~uildin~ or part of a buildin(~ shall be erected or altered which
~s arrancjed, intended or designed to be used, in whole or in
part, for any - uses except the following, (one use per
eicjhty-thousand (80,000) square feet of land above mean high
water, unless otherwise specified):
~. . A. Permitted uses.
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.
(2) Marinas for the dockinq, mooring and accommodation
of recreational or commercial boats, includin.c} the sale
" of fuel and oil primarily for the use 'of boats
-' {3} Boat docks, slips,-piers or wharves for charter boats
carrymq passen.gers on excursio~ s, pleasure or
; . fishina trips or'for vessels en.qa.gea in fishery or
· . shellfishery. ' '
(4) Beach club, yacht club or boat club includin.g, uses
accessory to them such as sw~mm~n.~l pools, tennis
courts, raquetball facihties.
(.5) Boat yard for building, storing, repairing, renting,
seJlincl or servicina boats which may include the
following as an accessory use: office for the sale of
marine equipment or p~oducts, aocks~de facilities for
dispensing of fuel and. where pumpout stations ar~
provided, restroonf and laundry faci'lities ~o serw,
[6) Mariculture or aquaculture operations or research and
developmen~o
.[7) Boat and marine en.qme repair and sales and display,
~acnt broker, marine Insurance oroxer.
(8) Buildings structures and uses owned or operated by
the Tow~ of Soutt]olc~, School Districts, Park Districts
and Fire Districts.
[9) Retail sale of rental of fishinq, diving, bathinq
s~u.pphes and equipment if accessory to marine or boat
~ yard ot ships loft or chandlery.
422
NOVEMBER 1, 1988
B..:. Uses permitted by special exception by the Board of
~peals. The -fotlowinq, uses are permitted as a- special,
_.eXception by the ' Board of . Appeals, as ~eretnatter
L3rovlded subtect to site plan aporoval by the Ptanninc
Board.
(11
(2)
( 31
Restaurants exc[udinc~ outdoor counter service,
drive-ins or - curb: service establishments. Such
.prohii3ition' Shall. not .prevent service at tables on a
covered or uncovered :tefrace or porch incieental to a
~estaurant~ : _ ' :
Ferry terminal.
Transient hotels or motels subject to the followin(3
condittons:
fa) The minimum area for such use shall be not less
than three (3) acres.
{b)
The number of c}uest rooms permitted in the
hotel or motel snail be determined bi/, (1} the
proportion of the site utilized for such use. an(3
(21 the' aYaiJabitit¥ of public water and sewer.
The maxtmum numoer, of Quest units shatl oe one
(1]' unit per ;four thousa-no (4,000} square feet
of Jane with public water and sewer.
(q} Fish processinq plant.
(5} Fish market which may include a combination of
wholesale and retait sale of tinfish and shellfish.
Co
(61 Museum with,nautical theme or art c~aJler¥.
Access~r.v uses. limited to the followinq:
(I} Accessory uses as set forth in and reouJated bv
Section 100-31C ( 1.] thoruqn (7) o~ the
Aoricuiturat-Conservation District, and su[~tect to the
conditions of Section 100-33 the~'~of.
(21 Signs, as set forth in and arequlated by Section
I00-81C [2) of Limited Business District.
Section 100-122. Bulk. area and parkinc~ requirements.
No buildln(3 shall be used and no building or part thereof shall
be erected or 'altered in the MIl district unless the same
conforms with the Buik Scheoute and Parkinc~ aha
Schedules ~ncorForateo into this chapter, by reference.
Ln full. \-~: =, ·
18. ArticleXlll is repealed an a new Article XIll :s added in its I~lace. to provide
as follows:
ARTICLE Xlll
Lic~ht Industrial Park/Planned Office Park (LID} District
Section 100-130. Purpose.
The our~ose of the Light Industrial Park/Planned Office Park {LIO] District
is to'provide opportunity for the location of buszness and professional offices.
research facilities, industrial uses and similar activities in an open, campus-
like saltine in areas which are not aoof'opriate for commercial activity o~ Iow
density, residential develooment. In this area such uses can oe established in
an attractive environment and serve both as a means of oreservln~ the eden
Qualities of an area and providing an area, adiacent to hamlet areas where such
uses can oe aooropr~ately OevetOoed with suitaOle orotecuon for ground anc
surface waters. All-uses must contorm to Suffolk County Health Oeoartment
Section 100-131. Use regulations.
In a LID District. no buildlnc~ or premises shall be used. and no buildine or
part or a buiidinc~ shatl be erect, aa or altered which is arranged, in£enoeo or
designed to Oe u:sed, in whole or ~n pab't, for any purpose except the following:
A. Permitted uses.
Any permitted uses set forth in, and as reoulated by Section 100-
3lA 121 ane ~'3½ of ~e A~rJcultural-Conser'var. ion gis~r~ct,
2. Any permitted uses set fortt~ in and as regulated by Section IO0-101A
[3J to ($) of theGenera BuSiness Distr~ct.
3. Office buildinos for businesses, 9overnmental, and orofessional uses.
-- incluclinc~ aOm~nistra~tive training, Data orocessm~, ~uolicatlon,
financial and sales offices.
Telephone e×changes.
5. Buitdin(3s, structures and uses owned or ooerated by the Town of
-- Southoi~t, School Districts. Park Districts and Fire Oistr~cts.
The follow(no
uses are Dorm(trod a ,ooeeJs~s
provJdecl, suPfectlto site Dian aDoroval Dy the Ptannin? E3oard.
(I) Any special ~xceotfon use se:t forth in and as reoulated bv S~tion
100-101 B {5). (7} and (10l of the General ~usi~ess Oistr~ct.
(2)
Light industrial uses involving the fabrication, reshaping., reworking,
and Which Do not involve the synthesis et chemical or chemical orooucts
~'~d s-'~'~-]ma I component assemgiv as opoosea :0 heavv *ndu[~t
~b~ L~'~the (aJiowina conaJtJons: '
(8) No such ~rocess or oPera(ton shall involve ~ne handling, stora~
(b) No ~ffensive noises, ~ases. fumes, smoke, o~ors, dus~.
e{fluenJ or vibrations si1811 ema~te ~rom such use and no
waste proauc[s short'be discharged therefrom oi a charact~,.
~ crea~e a nuisancegr [o be injurious ~o health or to neqa[[vel~
~mDact groundwa (er.
forSUChfuel.°rocesses shall involve the use of only oil. ~as or electricity
(3] Conference facilities subiect to the following conditions:
(at Where rooms are provided for conference attendees, they should
be ,3ermitted at the same number per acre as hotel/motel guest
units set forth 'n eno regulated by Section 100-61B (6J of th,-'
Resort Residential
Public utilit~ structures and uses,
(Si Printing or publishing plants,
(61 etc,Truck or bus terminals (~ara~es, parkin~ facilities, lpadin? dock~,
Food processinc~ and oackac]ing plants (not including fish 3recess(n,2
plants I.
(8) Wholesale and retail sales and repair of boats and marine items
(9) Boat building; boat serv~cfng; boat storage foci ties.
{10) Restaurants.
(11J Sauerkrau[ manufacturing plant.
(.,12} Basic Utility Stage I1 airoort, subiect to the followin9 condition:
Iai Minimum parcel size shall be 10O acres.
(13]~Bed and ~reakfast uses. ~as se~ forth i~ ~ bv Section
O0-31B(ISJ~rov~ded ~nat no ~ ~n approval i's'reau~.
Accesser,{ uses on the same tot w~th and customarily incidental
any permitted or spec al excretion use and no[ involving a SeDal'atf,
of t-he L~"[mitedWall siQns ~gulated~ ~_.~...b¥ Section ]00- 81~ _._('~] ~rb~
(301 scluare [eet tn area.
(31 Free~ ~ .:~rou~nd signs as set. Forth ~n and reoulated by Section
Fully enclosed storac)e facilities inciden£iai to the princioai use.
eden storaoe as set forth in and regulated by Section 100-1OlC
o£ the Gene'ra~ [3O~s~ness District.
{6J Indoor and outdoor recreation facilities for (he exclusive use of
executives and emo!o~ees el Lne principal use. ~nd tl~' ~ammii~s.
In-service train'n9 schools for employees or the rincl al use
(8) Private garages for the storage and service of m~tot ye ~icles owned
b~ the owner of lhe principal use or the eX~ves or employees
~C ~hereof, or ws~tors tnerej6, incJudin~~f them, Dui nO'iD
~he public qenerall~ of OaSDi(ne, oil and minor accassories
Cenlral heating and power planls accessory to the principal use and
the service ot ail structures on the premises.
(10/ Maintenance and utilit~ sho~s incidental to the princioai use.
(11] Off street parking and loading. Said areas shall not be nearer than
~t~ (501 feet to any lot line or street, and if ~enerall~ adjacent
any street or an~ residence district, shall be suitable screene~ b~
a lan~scaoed strio of at I~s: ten {I0) feet in width.
Section 100~132. Bulk. area and parking requirements.
No build/nc} or premises shall be used and no bulldin(~ or Dart thereof
shatl be erected or altered in the ElD Lioht Industrial ParklPlanneo
Office Park District unless the same confor~ns with the Bulk Schedule and
Parking and Load/n9 Schedules-incorporated/nfo th s chapter by reference~
with the ~ame force and e,~fect as if such regulations were set forth herein
In full.
20.
1~. Article XIV (Administration and Enforcement) is ren'~mbered Article XXV
and a new Article XIV is added in its place, to provide as follows:
ARTICLE XIV
Light Industrial [LI) District
Section 100-1q0. Purpose.
The purpose of the Light Office (Lll District is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for the
LID Lic, lht Industrial Park'/Planned Office Park District.
'Section 100-1ql. Use rec.~ulations.
In a LI District. no bulldino~ or premises shall be used, and no buildinu or Dart
of a buildind shall be erected or altered which is arranqeo, intended or aeslc~ned
to be used. in whole or in part, for any purpose except the followinc~:
A. Permitted uses.
Any permitted uses set forth in. and as regulated by Section I00-
31A (2) and (3i of the Ac~ricultural-Conservation District.
Any permitted uses set forth in and as reouJated by Section 100-131A
(2) to (5} of the Light Industrial Park/Planned Office Park District
131.
Uses permitted by special exception of the Board of A?peats. The followinq
uses are permltteU as a special exception by [he Board of Afl,eels.as hereir~after
provlaea an(3 suoiect to site plan approval by the Plannlnc~ Board.
(1] Any special exception use set forth in and as reoulated bv Section
100:131B (1) t0 l 1 l) of the Liont Industrial Par~/Planned Office Park
District.
(2'1 Bed and Breakfast uses as set forth in and as reouiated by Section
t00-31B(15), prov~aeo mat no site man approval is reomreu.
C. Accessory uses.
[11 Acces_so__~. uses on the same lot with arid customarily incidental to
any oermitted or soec~a~ e×ceotlon use and not tnvolvina a seoarate
~slness.
Wall sions as set forth in and as reoulated by Section 100-81C I2)(bt
of the Limited Business District. limited to a maximum of thirty ~301
(3)
square feet in area.
Freestandino or c~round si?ns as set forth in and as reoulated bv
Section 100-101 C (31 of Ln~ General Business Oistrict.
Accessory uses as set forth in and as reoulated by Section 00- 31C
(3J and 17] ~hrough, (10).=.oi Ihe Light Industrial I~ark/.Planned Office'
Park District.
No building or premises shall be used uno no building or ~_.arl there(~i shall
tills cloudier, ~ re/erence. ,.with the same torte and '~-~-~t~i~-~:;;g[~'l~iOnS
Article XV (Amendments) is renumbered Article XXlX, 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. Existinc~ Bulk and Parkincl Schedule
The existin9 "Bulk and Parking Schedule~' incoroorated into this cheater,
by reference is hereby re,Dealed anti the Density, ~tinimum Lo: Size, and
Rutk Schedules hereinafter set. forth are substituted in atace thereof.
Section 100-151. Density, Minimum Lot Size, and Bulk Schedules.
Except as otherwise provided in this chapter, no buildin~ or premises shall
and Minimum Lot Size ScheDuleS anc~ cne Bulk Schedules heremaiter set
forth.
Landscape area (percentage) 35 2S aS IS ~0 3S
]o
21. Chapter lO0 is amended by adding a new , ,-title thereto, to be Article XVlll,
to provide as follows:
ARTICLE XVtll
Cluster Develot3ment
Section 100- t80. Purpose.
The purpose of this provision is to encouracje flexibility and inovation in the design
of reside~tial dovetooment that cannot be acYtieved on many sites throu~ a~herence
to traditional zoninq aha subdivision requtations. Further, the application of
the cluster aevelopment t~nnr~ue ~s ~ntenaea to achieve:
Maximum reasonable conservation of land and protection of 9roundwater supply
an' c~rounOwater recharge areas.
8_.~. Preservation of a~ricultural activity by encouraqin,~ retentio~ of large continuous
areas of acjricultural use.
C_- Variety in type and cost of residential develooment, thus increasin~ the choice
of housmc~ types avaHal~le [o Town ~eszctents.
O..~.. Preservation of trees and outstandin~ natural features, prevention of soil
erosion, creation of usable ooen soace ao~ recreation areas and ot-eservat~on
E. A shorter network of streets and utilities and more efficient use of enera~
Section 100- t81, Applicability.
A. On lots of ten (10) or more acres in the Aartcultural Conservation. the R-
qO and R-80 Oiszrtcts and [ne Low Density ResicienL~ai R-120. R-tO0 and R-
(1_~..) The residential use will be sinale family detached nomes for lot .sizes
(2.~..) The density of these homes will se ;s soecified ia the oarllcular district
The minimum lot size shall oe:
a. without r3ublic water and sewer
30,O0'~'souare feet
b. w~th public water 20,000 scttJare feet
c_~% with oublic water and sewer 10~000 square feet
In the Low Density Residential Districts. to wit. the A-C Aoricultural Conservatl
R-80. R-120. R-200 ancl R-q00 D strc[s c:usterlno is oerm~ttteo and may
be manoa£eo Dy ~he P~an:lino ~oard ~n the exercls~ of discretion, w~nou[
Determination of density and zonfno modi~'icatlons.
I'll An application for cluster ~teveioDment shall include a mad or moos snowin9
the Pla~nm~t f3oard, tooeLner with a mad 'gl]ich snail De '3reoareo for
NOVEMBER, 1, 1988
(21
The total buildinq'-Iot yield ;of the standard subdivision shall be usc~i
to detem,ne one '¥,el~ ~n. t~.:~n,.,~.~;~r pt ~u,,dm~ ~ots ',,n,cn the ~lan,,,n~
may De p~e~ared {or"2n~ coh'~quOu~¥ owned holamas, wnetner or ~o~
they are separated b~ an ex,send street offering d~r~cl access to such
ho~dinQs, m all other cases. ~he holdings shalbbe cons~ereu ~s se~ara~e
parcels.
(3) In a cluster develol~ment, lot area, width, depth, ~ront yard, .
rear yard and side yards, may be reduced to less than the minimum
requirements set for{h in the ~3ulk Schedule, prov dad that SUCh
modification or chan~es shall not result n a greater average
density or coverage ~{ dwell ng units than s permitted n
zoning district Wherein the land lies.
D. The area of a cluste~ development shall be in single ownership or undo,'
E. Prior to the issuanceo~a buildin~ permit n a cluster development. ~ ~it'
plan shall be subm ~ted to and approved by the Ptann ng Board in accordanc,.
~ Article XXV ~ this chaoter and the fotlowin~ conditions:
(I) S:aid site plan shall include areas within which structures may
IocateQ.~tne height and s~acmQ of buddinQs, the location of ope,.
spaces a~ the;r:landscapinQ, ~f-stre~t o~en an~ encJose~ {if any)
~ facilities, ~riveways and any other ~hvsicai features re~evant toth,
prooose~ plan and.~etermmed to be n~cessarv b~ the PlanninQ Board
Said site ~tan sba I include a station; settine forth the nature
ail proooseo modifications of existing zonm~ prowsions.
Nothing con~in~ in this chapter shall relieve the owner or his a~ent
the Qeve~ooer of ia propose~ ~ms[er deveooment from rece~wnQ, final plat
approval in 'acco~cance with the Town subd v sion reQula[mns/ n aoDrov;n,
the final plat ~o~'a cluster development the P annin~oard may moa/fy
the acreage r~Mirement fo~ recr~tion areas as se* ~orth ~n the Town'~
G, ~omm~ Areas.
427
(1)
The Planninc~ Boarc~ shall establish such conditions on theownersh;?,
use. an(3 maintenance of common areas, includinc~ open space, as it
deems necessary to assure the preservat on of SUCh areas for theft
Board a~'~7~--"~O~vn Attorn?y, Said common areas may de tls~d for aql'icultttr[
A cluster~deveiooment shall be organized as one of' the followina: a
conaomlnFum cor~3oratioh; a Homes or a Homeowners Associatio,;
approved by the Federal Housin9 Adm nistrat on for mortqaae
insurance as a PlanneQ Unit Development. nnd the Town ~o~rd' a
Homes AssoCiation approved by the Town Al~rnev a ~a Town Board
or any o[~er arrangements ao:rove~ by fha ¢~n'A
~nd fo~Boa,-o
satisfvino the intenl of this chapter. Whenever a Homes
Assoc~a~zon ~s ~ro~o5~, [heT~own ~ard shall re[am [ne mqJ~t
r~vm~w and aoorove ~he Articles of Incoroora[io~-~--[he
In considerauon of said ,Jpproval th~T~ ~ ~--,--, -'.
Eton operatinq~_~de~ recore~an~ a~nent~l~ ~vh,ch
each Jot owner, and any succeed'hq owne~[~-i~"~o
to each unit, iS automatically a
subject to a c~'rne for a ~roaorh~share ,I the expenses
for the organization's activities including real ~rooerty taxes
and the maintenance of the common land and f~cilitms.
Each lot shall be subject to a lien in the event of non-payment
b9 the o~ner thereof of his proportionate sharuof the
for the association.
!b) Title,to all common property shall be placed in the Homes
Association, or definite and ac£eotable assurance shall be c~iven
that it automatzcally will be so place(3 witntn a reason;~bl~ p~eriod
of time.
(c__~.) Each lot owner shall have eaual VDt/hq rights in the Association
an(3 shall have the rfc)hr to the use aha enioyment pt the common
property.
(d] Once ~stablishe(3 and title to the common land is convev~d to
the Homes Association, all responsml3ility for operation anal maintenanc
of the common land anti facilities shall lie with th~ Homes Assoclatmn.
Dedication of ali common areas shall be recordecl directly on the
final plat, and/or ov reference on {nat oiat Jo a dedicauon ,n
.a separately recoroec~ document. Resu~3division of such area~
is promblteai. The dedicatJon shall:
428
NOVEMBER 1, i988
Save the title to the common orooert¥ to the Homes Association
free of any clout3 of imolied puOlic c~edicatlon.
Commit the develooer to convey the areas ~o the Homes
Grant easement of enioyment over the area to the lot owners,
Give to the Homes Association the riaht l;o borrow ~'or
Grant [o the Homes Associauon the rinht to suspencJ me~.b~rsn~}
Covenants shall be established, limitino all lots to one-family,use and all
common Jonas to ooen soace uses aooroveo ov [ne Town Board. No
strucJur~s may de erected on such common ~anas except'as shown on the
aporoved site plan and aoorovecJ ~'~ u':e Town Board. Such aero ,'~sJ)'m..don
Each deed to each lot sold shall include by reference all recorded ceclarations
for nonpayment of such.
J. The Homes Association shall be oeroetual; It shal purchase insurance,
muk~3rov*s~on for assessmeqJ.s and ;rowae L~t all such' c~a~lus
a J~n on ~acn lot in favo~ ot saic Associauon. Th~,~5~;~J~II
tot J~oreclosure and enforcement o~ li~ns, and j[
K. The develooer shall assume ail responsibilities as oreviouslv outlined for
(he'~omes Assoc{auon unui a malon? of the ~eil'inq sm:es
day__dOer at the devdop~s expense and hue Io tn~ common amea conv~yed
gy [he devdoper to the Hom~s AssociatiOn
Prior to plat approval, the develooer shall file a performanc~ bond
with,, the Town Board to ensure the proper installalion .Of all required
improvements, includi_n..g recreation ilnorovemonts and a maintenance
bond to ensure the ~:ooer '~'~i-~tena~ ~ ~m~-'~ ~"~-~' ~ ~
Homes Association is establist~ed and title to the common lands conveyed
to the Homes Association. The amount and terms of said bonds, and
the form, sufficiency, manner o[ execution and sufficiency Of the surety
shall be aporoved by the Town Board ancl the Town Attorney.
The certificate of incorporation of the oraanization and its b¥-Iaw~
shall contain tne followinc~ provisions and notice of said orovjsions
shall be specifically qive~ in any brochure'or prosoectus .ssued by
the developer, '
(1) That such or~anizaflo~ is established to own and maintain common
open space or common elements and that if such oraamzation,
or any successor or(~anlzation, shall at any time aft'er title to
such common land an(3 other common elements is c0nveveo to ti
shall fail to ma ntain the Common ooen soace and other common
the plan prooosed, the Town Board may cause a written notice,
to be served Dy certified' mail uDon~such orc~anizatlon, a~. it~
address as shown uDon the last comoleted town assessment roll,
or in the same ~anner upon the ow~el's of the lots in such
subdivision at their add'ess as ShOWn uoon the last COllated
assessment roll. which SUCh no:ic~ shaft'set fo~t~ [al me
particulars in which the common doan soace and other common
elements nave not been mam talnea in' r~asonable o~aer
~an~iLion; (bi a demand that SUCh deficiencies in maintenance
shaft De remedied ~ithin thirty (30) days ~rom Lbo;date of such
notice: (c) :hat uaon the fadure to remedy such default in
mamtenance, within the Lime ,soec:[i~. t~at Lhe ~own. Board will
hold a hear~n~ upon the mailer upon not less than' five [SJ days'
notice in wry(ina sent gy certified mail [o such oF~an~zauon or'
to such lot owners; lQ) ~hat a/tar such hearing; [~e Town
Board may take such action as it deems aogroo~ia[e m orovlae
for the-orooer mamtenance o[ such common dOan'space and common
elements, and that anv and
the Town br such purposes may be assessed ~on a J of [he Jots
iff SUCR sgoaivIslon 8fla
the same time as ream prooert~ [axes are collected n me Town
of Southold.
The Town Board. in order to insure that the open soace will be used
22.
NOVEMBER 1, 1988
Chapter 100 is amended by adding a n~w Articl~ tl~ereto, to be Article XIX,
to provide as follows:
429
ARTICLE XIX
Parking and Loadin,g Area ,,
Section 100-190, Purpose.
RecJulations for off-street 'parking and ~t~uck~loadincj areas are imposed in order
to minimize traffic congest, on, ai~: poilU[ on, 'the r s~' ~f ,motor veAicle and p~d~strian
accidents, and to aadress a~stheti~c con~iderat~ons.
Section 100-193. Off-st~ee[ parkin~ areas,
Off-street parkin~ spa~es, open or enclosed, are permitted accessory to any
use specified betOw. Any land which is devetop~ as a unit undeff si~leo~nershio
red,elations, R'easonable and appropr ate Off-street parkin~.~e~b~r~em~nts ~or
structures aha uses wmcn ap not fall w th n the cateqories listed betow shaft
be de[erminea by the P annin~ Boara upon consideration of all factors enterinq
into the parkin~ needs et each us~. For those uses not specified in the scneauh,
t~ere shall be a periodic mon~ortn~ of o~f-s~r~t parkinq conaition5 ~o insu~
th~[~the purposeof this artic!e is'satisfied. In a~aition, the Plannin~ Board
may~waive alt Or a portion of these renu rements wtt~in the Hamlet Bu~mes,~
Dis(rfc[ where .it, shall find that municipal oarkin~ facJlit es w thin three ~undr~
(3001 feet o~ the proposed use wdl' ad~uatel~ serve fha prooos~d use.
TYPE OF USE
REQUIRED NUMBER OF PARKING SPACES
Accessory apartment in existinq
one-family dwelling
Antiaue shoo, auction gallery, arts
and crafts shop and worl¢shoo
Apartment over store
Auditorium, meetin~r hall
Automobile laundry
Bank
Beach club or swim club
Bed and breakfast enterprise
Boarding house, tourist house
Boatyard. incJudinq boat sales and
Bowlin~Lane
Buitdinc.1, electrical or Plumbin~'
Cold storac~e plant
, ~olle.qe
Conference facilities
Orinkinq establishments
Fish ,lldrket, it~cludinc~ wholesale and
'~n"~ ~'~'t~l] sal~ of finfish anCO/or
shellfish.
Food orocessin9 and packagincj,
i_n.c.i_.ud.~ng fish processing
One per accessor~ apartment in addition
to two for one family dwelling.:
One per 250 sc~uare feet of sales area.
One oar apartment in addition to business
One per 50 square feet of seatinq area,
but no~.less than one oar four slats where
provided.
One per emoioyee plus a ten space queuing
line area for each laundry bay.
Ten soaces or one soace for each lO0 square
feet of Q, ross floor area or tt~ree spaces oar
teller, whichever IS greatest pies a five
s{)ace queuing area for .each drive-in teller.
Two sc)aces Der three members.
One space Der guest room in addition to
res~den rial requirements.
One space Der guest room in addition to
resloential requirements.
One space per 250 square feet of c~ross Floor
area.
Sales and rental portion, three soaces, in
addition to marina requirements.
At least Four saaces gerla.ne.
Three soaces or one Der 800 square feet
of cJross liner area.
.5 soaces per student nlus .7S space per
~'~a f f memoer.
One space per four seats in the larc~est assembly
h~lJ o~' meeting area plus one space l'or each
four seats m classroom facilities.
One space Der three seats or ~ne Space ~3er
100 square feet et floor s[3ace, wl~ichever
i,s c.)rea (er.
One snace per 200 souare fe,~t of c.p'oss floor
.75 spaces per employee or once. ace p~r
'500 square feet et gross-floor--are~ willcl~ever
is greater.
430
NOVEMBER t,' 1988
,Fraternal or social office or meetinq
hall
Funeral home
Gasoline service station, partial self- service
Gasol ne service station with minor
indoor repar facility
Greenhouse, floral shoo, flower shop,
~~r similar facilities either
enclosed or unenclosed.
Hospital
Hotel. motel, reso~.~nd~; transient
See office.
One soace for each three seats provided
herein or one space for each O0 sc~uare feet
Of~,. soace available for public use, whichever
tsgreater w th a mmnimum of 22 spaces.
Three space queu~nc~ area for each pump
plus one space for. ~ach emoioyee.
Same as c)asoline',~ervice station above plus
two for e~cb bay. ,
One sbaceper em ploy ee plus ~hree. sl~ace~
or one space ;er 200 square feet of saleR~ndfor
display, are~ wh chevers c~reater . .-
Three s
One space,for :each bed. .
for
Inservice trainir~ ;facilities for
emp,oyees
Laundry plant., city ceanina plant
Laund roma t
Library, museum, art. gallery
Light industrial uses
Maricul ture/aQuacul lure business
Marina
Membership club 'country ctub; c~olf
ClUb or c. lolf course public, tennis
club
Motor vehicle, mobile home sales room
or ou£aoor sa~e5 lot incJudin~
Muttil)le dwellinc~ [three or more
Nursing home. proprietary rest home
Office: business governmental and
professional except pl~ys~clans or
denttsts.
Office: for physician or dentist
One-family detached dwellin9
Personal service shop: barbershop.
beauty parlor
Philanthrobic, eleemosynary or
roll?bus insti:ution
Place of worshiQ
Printinc) or oublishinc~ plant
Professional studio, travel aQency
Recreational facility, fully enclosed.
commercial
Re~air garage
Rebait shoo for household, business.
See conference facilities.
~eet bt customer service area·
· 75 per washinq machine.
See auoitorium.
One oer emoIoyee or one per 500 square
feel: of floor area, whichever ~5 c)rea[er.
See light in'dustrial.
One sD~ce Der boat sliD. mooring, dock
Space or s~mdar unit of capacity, ?lus one
space per empIoye~.
At least one for each two members or accommodaz
tions (such as lockers), whichever ,s greater.
One oer each 600 square feet of showroom
$ ludio
i-T~-~ ~ room
One for each bed.
One Der 100 square feet of office floor area.
Five s~aces per physician or dentist.
Two soaces per dwelling.
2.5 spaces per service chair.
One space per bed.
See auditorium.
See lic~ht industrial.
See office.
One soace for each 300 souare feet of ~ross
floor area exceot: court soorts--five spaces
per court--and rink soorts--one space per
200 square feet of rink area.
NOVEMBER 1, 1988
Research desitin or development
lahore tor~' '
Restaurant. drive-ln, curb servicf.
or fast food
Restaurant (except drive-inl
Retail sale or rental of fishinn, dlvino
or bathm~g SuPplies or ~umpment;
ship's ~ott or chandlery
Retail shoo or store (other than those
listeO heret n)
Roadside farm stand
School. eleme'n tory
School secondary
Shoo for custom work and for making
articles to be sold at rated on the
premises.
See llc~nt industrial.
One space per two seats or one sDace per
$0 souare feet 0t floor s~race, whichever
is greater.
One space bar three seats or one space per
lOO sciuare'feet pt f our suace, will'hover
I~ separate use. see retail shoo: if accessory
s~ace~ in aedition to pr~mar~ use.
At ~ea~t one ~er 200 sQua 'e fe~( of ~ros~
~ '
Minimum of four spaces ~er ~an~
Two s~.aces Der c[assr~m ~lus auditorium
is ~reu~
See retail Store.
S (oracle yard
Theater or cinema, other than outdoor
One space per employee plus tour spaces
or one space for each 5,000 square feet
of storage area, wi~ichever is c~reater.
See auditorium
Tourist camp
One space for each accommodation plus one
space for each employee plus tnree spaces
for visitors.
Townhou se
Two-family detached dwellinq
Veterinarian and animal hospital
Warehouse or storaoe buildin~
See multiple dwellinc~ unit.
Three spaces ~er dwellinq.
Two spaces per employee or one-space per
200 feet of ~ross floor area, whichever ms
One per 1,000 square feet of gross floor
Wholesale business, including lumber
and other building prooucts
Wholesale/retail beverac~e distribution
One per 1.000 square feet of c~ross floor
'One space per ~50 square feet of c~ross floor
Wholesale/retail nursery and/or sale
of plants
Yacht club
One space for each 200 souare feet of 9ross
floor area for retail use or one space for
Areas computed as oarkincj spaces. Areas which may be computed as open or
enclosed off-street parking. ~oaces include any private garage, carport or ulnar
area available for parking., otl~er than a street or a driveway. However, a
driveway within a reauired front yard for a one-family or two-family residence
may count as one parking space.
Size of spaces. Three hundred and fifty [350) sc~uare feet shall be considered
one parking space (to provide room fo'r standin~ area and aisles for maneuver~ngl.
Aisles between rows of parking spaces strait be opt less (nan twenty-two
feet. wmde, unless reduced for sixty (60) degree anc~ie parking, in whic~ case
the aisle space should be not less than sixt~eh (16) feet w~de.- Entrance and
exit tones shall not be computed as parkincj space except for drweways for one-
famdy a d two-family residences. The minimum parking stall width shall be
nine (9) feet and the mmnimum lenc~th shall be ni~e£een~lgJ feet.
Access. Unobstructed access to and from a street shall be provided. Such
access shall consist of at least one [1)'fifteen (15) foot lane for parkinc~ areas
wmtn more than four (q) s~aces out less trion twenty (20) spaces, and at least
two (2) ten (101 foot lanes for parkina areas wztn twenty (20) spaces or more.
No entrance or exit for any otf-street'parkino ~area shatl be Iota'ted wmtnin fifty
(50l feet of an~ street intersection, nor ~ce~ a ~ra~e of six (6) percent
w,th~n twenty-five (251 feet of any street line nor ten (10) percent at any
other oo~nt. All Doints of in~ress or e~ress shall be aooroor~atel~ s~ne~,
umess such s~nm~ is cons~eere~ unnecessar~ ~ the Planninc~
Drainage and surfacing. All o~en oarkin~ areas shall be propert~ drained
within the ~remises an~ all such areas 5~all be ~roviOe~ w~th a ~ustless
sar(ace, except for oarkm~ spaces accessor~ :o a one-~amiiv or two-~amil~
residence. Curbs. ~av~n~' sidewalks an~ ~rama~e factHtie~ snail comply w~th
431
43'2
NOVEMBER 1, 1988
F. Joint facilities. Recruited oarkin~l soaces, ooen or enclose,a, may be ~3rov
-- in spaces desiQne~ :o serve ~o~nU~ :wo or more estaOlishments Whether or not
locate~ on t~e'same, lot orovided ~hat the numOer of required spaces in suc~
~omt ~acHities shall be'not less :hen tne~tota~ requireO for all SUCh estaotishments.
G-- C~bined soaces. When any lot contains two (2~ or more uses havinc~ different
parKtn~ r.~uirements; the parking requirements for each use shall ao~lv
~he extent of that use. Wh~e tt Can be conc~uslvelv ~emonstrate~ that one or
more such uses will be ~eperatin~ a demand~ fO~ parkine spaces Drm ar~ v
perlo~s wh~ t~e ot~er use or ~ses is not or are not in operation, tl~e Plan~{nQ
BoarO. ma~ ~e~uce the to~ ~ar~n~ s~aces requ~reo for that use with the least
r~ulrement.
H. ~cation and ownershio. ReQuired accessory parkin~ soaces, o~en or enclosed,
shall be provided upon .the same lot as the use to w~ich ~hev are acces~rv or
elsewhere p~owdeO that al 5oaces t~ere~n are ocate~ with~two hunOreO
feet walkin~ Oistance of such lot. n ad ca~es~ such pa~kn~ spaces' Shall
~ated. and in no event:shall su~ ~kin~ spaces be Ioc~e~ in dov
~is:ric: unless ~he Wse :o wBich :he soaces are accessafy ~s pe~ltte~
residence di,stricLor upon approva~ bY the Board of Appeals. S"uch soace~ ~ball
1. Lo~s divid~ b~ district boundaries. W~ ~arkinQ'lot is located parlly i~
spaces on such a lot ma? be located without ~e~ard to district lines, prov~en
that no such parkin~ s~aces shall be located in any residence district untess
the use :o wt~ich the? are accessor? is perm ~teQ in such district or u~on
approvat of the Board ~f AppeatsL
J. Par~in~ regulations in multiole-dwellin~ or attached-dwellin~ develooments,
Wherever space is p~ovided for the parkin~ of five or more vehicle~
in :~e open, suc~ spaces s~tl be individually identified b? meanR
o( pavement aarKin~s.
' (~) No parkin~ space shall be located n any front ?arc nor within ten
feet of any lot line in side or rear yards.
(3~) The parkin~ o~ motor vehicles is prohibited within fifteen (151
o~ an~ wahl or port,on thereof of a two or more famdy dweilinQ, which
wall contains wtnaows (other, than bathroom or kitchen winao~si with r
a sill height of less [nan eiaht (8) feez adore the ~evel of me sa~d
parkin~ space.
(q~) No service of any kind shall be permitted to be extended to users
of the lot. inciudin~ aulomoo:iie service re~air or fueiin~ aha nn
~asoline, o,t. ~reas~ or Othe; suooiies ;had be stored ar ;old ,in any
such lot or tn any garage on,such lot.
(5.) Parking areas shall be screened bv a substantial wall fence or thick
heave, approvea oy the Piannina ~oara. Generally, SUCh screen~nq
shall no[ ge less than four (qj f~e: nor more than e~nt Bi.feet in
height.
K. R~ulations for ~arkin~ spaces adjacent :o lots in an~ residence district.
{I. ) Wherever a ~arkin~ area o~ over five soaces abuts or is within fifteen
(15J feet oi the s~e or rear Io( line ot'a ~ot in any residence aistric:,
the sala oarKina lot snail oe 5cre~nea from such ~a~oln~na ~ot by
suostant~al wall, [~nc~ ar thick heaqe, a~proved b~ :h~ ~lannm~
Boara. ~enerallv, such screen 5ha~'l be not less than four [qj feet
nor more than e~nt'(8] feet in height.
Whenever a ~arkina area of over five (51 soaces: is located across
J~e street from ot~er Jan~ tn an~ reslaence als[tic:, i( snail be screened
from the view of suc~ JanQ bv a'thick heaae, wall or fence, aoorov,ea
b~ the Plannin~ Uaar~. lo. ted alon~ a hn~ arawn aaraffel ~o the
street anc~ a distance or twenty {2Q)'feet there(rom', such screemnc, l
:o De ~nterruptecl only at points of..in~ress anc~ earess. Generally,
no such screenm~ shall ~ 1~5s ~an ~our (~ fee~ nor.'more tha~ix
(6) fee¢ in height. The o~eh area Demean such screemnq anQ the ,
s[ree{ shall be landscape,'in harmony wi~h the landscaping pr~aiHng
on nei~hborin~ p;'oper~ies frontinQ on ~e same s~ree~ Two ~)
identification an~ direc~ion~i s~gns Ioc3[ed on ~e street side o~ such
of three (3) square feet each,
NOVEMBER. 1, 1988
N. Traffic stora ~e, All on the same lot
so that al .r a~ad will not
obstruct traffic or utilt riahts-of-way,
O_.~. Illumination. Off-street parking areas should be adequately illuminated
for convenience and sa(ely, but no i~htin~ for parkin~ areas
~iere'on adjoin~n~ properties.
P~ Conn~tions between abuttin~ parkin~ ar~s. Where approoriete, th~
Plannin~ 8oardmav r~auire paved connections bet, ween eb~ttin~ park n~
areas in different owne,-~ips, so as to facilitate the flow et trarfic~
Supplemental r~ulati.ons for private ~a~a~es and off-street parkin~ areas
~ residence di~tr,icts.
( 1.} COmmercial VehicleS
(a. I One'commercial vehicle not exceeding twenty-five (25) feet
~ length ma{~'~ be parked on an occuoie~ tot in any res dance ~istrict.
b~t ~t,'w~hin the require~ yards of such lot and n no cas,
bet~e~ the Street line or side linesan~the principal bud~in~
(~) O~ecommercia vehicle not exceeding twenty-five (25) fee:
I~ng~h~ ma,,be parked w~thin a ~rlvate garage ~n an~ resi~enc~
district. ~
Commercial farm vehicles are oermitted as accessory to a commercial
farm use ~n any res~c~ence district.
(2.) Trailers and recreation vehicles. The storage or parkinc~ and use
of a travel trailer or a recreation vehicle by any person or oerson~..
excegt as hereinafter orov]dea, is orohibited in ail residential district-,.
( 3.1
The keeoinQ or storinc~ of one camo-type travel trailer or
recreation '~ehicte is o~rmitted on ~ premises, if it is either
own~a or renteo o~ the occuoants of such premises anO is not
keot for purposes of ~le or rental and is useo solely for
personal use of such accuoants. Such camp-type travet :railer
or recrea[ion vehicle snalt not De OCCUDleQ as~livl~ ~uar:er~
at any Ume, ~d-shall be secured ~n place in [ne rear yar~ not
nearer c~an fifteen [ 15) feet [o a sl~e or rear IQ[ tine OF to
street, an~ the doors :hereof shall be keo[ securely locked.
( bi Such vehicle may not be oarked within ten (10) feet of a on,
or two family dweHin~ or fifteen (15) feet of a multiQte dwetlin~
Boats. One boat may be aarked in the rear yard of any occuoied
lot no~ nearer than tilteen (15) feet to a rear or s~de I~e or :o anv
street.
433.
Section 100-192. Off-street loading areas.
Off-street Ioadin~, berths, ooen or enclosed, are permitted accessory to any
use (except one or two-family res~aencesl. SUOlect to the followm~ prov~sion-.:
A. Uses far which reauired. Accessory off-street loadlnc~ berths shall b~
prov~e~ for any use s~ecified oeiow. Any lan~ wnic~ is.~eve~ooe~ a~
a unit under single ow~ershio and control snail be conslderea a smile lot
for the purpose ~f such Ioa~in~ re~uir~ents. ~
( 1.~ For a aublic library, museum or similar quasi-oublic institution,
~overnmen[al ouHain~, commumjy center, hospital or sanitarium,
nursin~ or convalescent home, institution for chiiaren or the a~ed
or school, wit~ a floor area ot five tnousan~ (5,000) to twenty-five
thousan~ (25.0001 square fee:. one {1) berth; for each aa~itional
twenty-five tnousana (25.0001 square feet or fraction t~ereof, onp
(I) additional oertn.
[ 2~
(3.)
For buildinas with orofessional, 9overnmentat or business offices
or laoorato;y estar~lisnmen[s, wmcn a floor area of five thousand (5. 000!
to twenty-five tnousana (25.000) souare feet. one oertn; for each
aoc~itional twenty-five thousanc~ (25,a00) square feet or fraction
thereof uD to one hundrecl.thousand (100,000) s~uare feet. on~
- ~dditional' berth; for each additional fifty thousand [ 50. 000] squ~r~
feet or fraction ther~f one additional ~ert~.
For buildinas with offices aha retail-sales and service establishment,..
one earth f~r five thousand (5,0~0) ~o twenty-five [nousano [25,0001
square reel or floor area, and one a~itionai berth for each a~Qi:lOnaJ
[wanly-five :nousan~ (25,000) s~uare feet of floor area or rrac:~on
ther~ to be use~.
( ~ For undertakers and funeral homes, one berth for each chaoel.
( 5~. For hotels, one Perth for each two thousana five hundred (2,5001
square reel of floor area.
For manufacturing, wholesale aha storage uses anc~ for dr¥-ctea~inc~
thousano (5, O00i [o ten tnousa~c~ 110. OOCiI square feel el' floor area
aC~dltlOn, a(~-"~uate reservea parA~ng rot wa~tlnc~ trucxs shall bi,
434
NOVEMBER 1., 1988
~, Size of sOaCeS. Each ,r, equired IoadinQ bert~ sba 3e at least fifteen [151
-- feet wide. fourteen 14J feet'n,qh anal (arty-l-ire 145~-'~-c~ a--~ JrT
~o event smaller than ~'~Qulred io accommodate vcnrcles narmalig usinq
such berths.
Location and access. Unobstructed access at least fifteen (.151 feet wide,
to and from a street, shall be provided. Such access may be combined
with access to a parkinc~ Int. A~II perm~ttec~ or berths
shall be on the same, lot as :the ~se' ;to .Whi,
as Off-street
NO off-~
D. Joint facilities. Permitted or
its. [
facilities shall not be less th;
E. trict boundari~ ~n one
o ail o'f the
!n a~v residence district
23.
Chapter 100 is amended by adding a new Article thereto, to be Article XX, to
provide as follows':
ARTICLE X'X
Section 100-200. Purpose.
The purpose Of this article is to regulate existinc~ and proposed signs in order~
to:
A_.~. Protect property values.
a. Create a more attractive economic and bus ness climate.
C__. Enhance and protect Southold~s physical appearance and environment.
O. Preserve the historic and architectural heritace of the Town.
Provide a more en}oyable and pleasinQ, community.
Reduce sign or advertising, distraction and obstructions that may contribute
to traffic accidents.
Reduce hazards that may be caused by sicjns overhan~in9 or prolectino
over public rIQhts-of-way.
Section 100-201. Permits required and administrative orocedure.
A_:.. The orovisions of this article shall aoplv in all districts.
Except as otherwise pro~/ided in this chaoter, sit, ns shall not hereafter
ne erected, structurally altered, entar~ecl, or moveo or recons[ructec~
within the Town unless a oermlt ~s oota~ned from me 8uddina InsPector.
ol '~-~tnoic~ fee as soecJfieci n suosectlon F beJow..
The followinc two ooerations shall no( lae considered crua(inq a new sJqn
anc~ t~lerel'ore 5hat] no( require a new sit. tn pt:rm~t:
1. Replacin9 copy. The chanainc of tNe aovertisinc~ or message on an
abprovecl s~cjn wrl ch is speCifiCally, deslgnecl for '~he use o~: reolaceaole
copy, ..
2. Maintenance. Paintin9, cleaning and other no.mai maintenance and
Aonlication for a siq. r) permit~;shall be made on a form orovid,:d by tl~e
Lo__cation of buildi.~n9, structure or land to wtl~ch or ut~on wmcn lhe
4._:.. Color photo of buildincj unon which siq. n is Jo erected,
S. Size
A
NOVEMBER 1, 1988
showinc the
7. Sketches drawn to scale and supporting information indicatinc.~ location
-- Of sign. colors, size and types of lettering 0r other (~raphic representation
and materials to be used; electrical or other mechanical equipment,
details o~ its attachment and han~ing. Samples of materials should
accompany Lhe application, wn~re recJutred b~ [he Buildtnc~ Inspector.
8. The written consent of the owner of 'the property u~3on which such
~ ' ' ns ~s or are to be erected and maintai~eci: In addition,
9. Such other pertinent inf'cirmation asthe Build]n(..3 Inspector may recjulr~
to insure c~/m~Liance with this A~ticle~
The IBuildin(.~ Inspector shall review the.proposed si?n with respect to all
c{uantitative factors.
4,3'5
The Planninc.~ Board may approve stuns wh ch differ from the quantitativP
requirements set forth in ~is article, ~rovicieci that a findino ~s mac~e that
S~zon 100-202 her~f, and provided further that no s~an shall violate
the si~n prohibitions and generai restrictions listed in Section 100-20~
h~ein.
ED
After approval or approval with conditions by the Plannina Board.
Building Inspector shall issue a permit tn accor(3ance_~[h-aH
F. No sion permit shall be issued prior to payment of a fee of twentv-fiv~
~ ($0.2~] cents per square foot of sic[.n area. but in r~0 even[ shall such
be less than five ($5.00] dollars:
Section 100-202. General desi(~n brinciples appIyin~ [o signs.
Decisions on review o¢ signs shatl be ~uided by the foilowin~ ~eneral desion
A_:.. ,Sic. Ins should be a subordinate part of the streetscape.
Signs should be as smaU as OCact cab e.
C.__ Si~lns should be as close to the around, as possible· consistent with reduJred
satet'7, an~d lec~lbilit¥ conslUerauons.
which it is ,gJacad.
E._c.. Whenever feasible, multiple signs should be combined into one sicjn to avoid
clutter.
F. A sicjn should not impair the visual effect veness of neic~hboring signs.
G. Garish colors and materials should be avoided.
Sicjns which have dark backc~round colors aha llcjht letters are preferred
in order to minimize the apparenJ size of signs within the s[reelscape.
I . Generally, sit, ns on the same buildin~ should be within the same horizontal
band and be of a similar height.
J.~.. Exceof in carefully designed circumstances, stuns should be nle(~rated
with fences, wails or buildinc}s, ana not freestanoin,q.
K-- Si,qn material: should be durable,.,requirinc~ little maintenance: use of
material sucri as corruc~ated p est.'c, na[urat aluminum, bulbous plastic
letters, nontextureG p~as[[c, aha cuass '.ilo Should be avoicied.
Section 100-203.
Ao
Si.on prohibitions and 9eneral restrictions.
Unless otherwise provided herein, nonaccessory si~lns, billboards, and
molaii~ signs snail be promolteo n all o:5[ric[s.
.Flashin(~ signs, inctudin~ any sic~n or device on which the artificial lignt
~s not maln[ame~ sta[~oner.y an(3 constant in intensity an(3 color at all times
436
NOVEMBER 1, 1988
Sions which comdata for attention with. or may be misCaken for, a traffir
-- ~l(~nat are pronlolteC~, NO sign snail De erectecl in sucn a manner a5 [o
ot~str~uct f~ee and clear VlSIO~ for drivers, intertere wtth mislead or
~:onfase traffic, or be locater1 Where, by reason of its position shao~
or color, such siqn may interfere with 'obstruct the v;ew of or De co~nfusPd
wttn, any autnortzed traffic sign, szgna~, or aewce ~y mak ng use
words stop . ~eog . o~ any o~er word, phra~, svmbot or character.
or C~d :qreen. or amper .dlum~na~ ~n or re~ action.
~oof signs shah be prohibited.
E-- Signs made ou~ ef car~board; pa~e~, canvas or similar impermanent material
are;
F. Standard~ aoproved me~heds of consent illumination s~ll be permitted
on 9round ~'igns, wail signs, a~d hanging siqns, provided; however. ~hal
the iHuminatton snail D~ conc~nlrat~a upon t~e ar~ of ~he ~n 'so as
prev~t dir~ ~ta,~e upoa'th~ 'stc~e~' op ad acen~ pro~rt
5ians wi~h visible mownq, revoivin~ or rotating parts are proh bitud
Except for holiday seasons~a period of fifteen {t5] ~s from {h~
o~ran~ open,h'm, no s,~n or part ~here~~5~~-~
ribbons, s[r~amers, so,nn~rs, or other s~r moving, fl~t~,;~
Signs notin~ thai a proper~y has b~en sold are prohibited..
J. No portable or temporary sign shall be placed on the front taco of any
-- building or upon any lot. except as provided in Section 100-205 Gilerein.
K. No signs other than signs placed b~* agencies of' the government shall be
-- erected on any public property, unless consent is first o~tained from Lhe
Planning Board. No sign shall be pieced on any private property wstl~out
the consent et the owner thereof. No sign shai be p ace~ or painted on
any tree or rock. No sign shall be placed on any'.utilit¥ pole except for'
utility identification or similar purposes.
Section 100-20q Limitation.of sign co'tent or copy.
Information displayed on signs shall be limited to the name. address, and nature
of the busmess and products available or activity for which the buildinc] or
Section 100-205 Regulations regardinc,~ specific types of signs.
Illumina tee signs..
1.~.. A sign illuminated by electrici; from outside or within er eau~ooed
in any way with etectric ~evlc=s or appliances shall contorm wtth
resoect to wiring and. aooliances to tne rec]ulations of the New Y,ork
State Board of Underwriters and snail Dear the stamp o{ said 8pard.
All w~r~nc~ shall be self-enclosed in motet raceways.
Freestandinc~ and c]roun.d signs. Exceot for required cautionary or
traffic; control siqns, , one freestanding s~an shall be perm~ttecl for each
frontaoe, pi a prol3erty on a puplic street or'way wnere a ouiidinq· is setback
at east twenty-five 25) feet trom the street line. Such s,ons are tim~:ecl
to e~tner pole signs with no ~uv w~res or s~Qns permanenU~affi~ed :o a
fence or other wail separate from :~e prlnc)~al building. All Qrouno s=on~
shall be located withi~ ano not overhanQ :~e prooert~ line. The iota(ion
and oesm~n of suc~ signs s~ll ~e chose~ ~ as not to present a hazarU
to oeoes~r=an or vehicular traffic 5nd s~all be :wonts-five ~51 feet from
~cn s~e line an~ fifteen {15) feet from :ne trent and~or rear ~roour~v
line. The maximum height Of suc~ s,~ns snail be f~fteen (15) ~eet.
Shoppin~ center dlrector~ s~ns.
1. The term "director~ si~nn shall mean any Sion containin~ a lis~ of
2. Each shoDpin~ center shall~ as a whole, be allowed one free-sta~Idin~
~ dir~tor7 s)~n on the premises to be used for the purposes el identify)no
the shoppin~ center ahd' the various busmess establishments located
within the shoppin~ cente~ where, the buildin~ or buildings are setback'
twenty-five (25) f~t from the s~reet line. No advertis n~ of an~
sort s~all be allowed Oh"SUCh Si~n. Said ~si~n s~atl not exceefl
fifteen (15) feet n height meaJure~ from the top of ~id Si~n to th~
mean evel Of the 9.round ;urr~und ng the suppo~- of ~ d sign. Each
business establishment name shall occupy no more than ten (10) square
feet in total area. Said si~n shall compl~ with all other app1icab ~
~ovisions of t~iS chaoter~, ' - .
3. A permit issu~ by th& 8uildin9 Jnso~tor shall be required for each
~ shoppin~ cenEer direc:0ry si~h erecled or mainCained pursuant tn
th s section. The a ic~t on for -a
. . pp, , ~ ~d permit must contain an architect
drawm~ of said d~rec~e~y sign:as wet as a survey [n~icatin~
~mensions of said si~ ,itS location and setbacks. The ~uddinr~
Inspector shall refer'Said aoplicatons drawin~(s~, survey(s) and
other supportJn~ papers to the Planni~ Boar~ fo~ its aoproval and
recommenoa t[ons.
Interior signs. An interior sign, or combination of signs, shall not cover
more than ten (10%) percent of t~e total glass area u~on which, or ~n wh~ctl,
it is aifixec3, displayeu-, or oa~n~e~3.
NOVEMBER 1. 1988
Wall sic~ns.
437
Wall sions shall not p~roiect more than twelve;{12;) inches from.the
wall to'which they arb~affixab.
Within any BUsiness District. SUCh sions shall not exceeO a heiant
o,f three (~ feet, and shall not extend nlgner than the too bt the
parapet in case of one stor~, buddings, tn the case gf buddinas taller
than one story, sucn signs shall not extena aoove the bottom of the
silt of the windows of the secona s[ory, nor extena or oe p~aceo more
than' fifteen (15) feet above the outsioe grade. No wall sion or
any street or pu61ic way ~n a business o~s:rtct Snail exceed an area
in s~ua~e f~et ~uivatent ~o one times the ~en~tn in f~et of'the structure
on e~cn frontage up to a maximum ~f's~xtV (60l s~uaJ:e fee~'.
Within an industrial dfstr~c~, one wail si~n not exceedin~ thirty (30)
s~uare fee~ is perm~tte~ ~or each street ~ronta~e from which access
is provi~e~ ~o the lot.
In an~ districts ~:here walt s~ns are permitted, no such siQn shall
cover, wholly or partly, any wail ~e~in~, incJudin~oors~ fire
escaoes, and windows, nor orbl~ beyond the ends of ~he wait to
winch itt is a~tacned. All such Signs taus( ~e safely ano aoe~uatety
at~acne~ to said buddin~ wail b~ m~ans satisfac~or~ to the ~dding
F..:.. Historic signs. The Planning Board may find that a particular
sic~n is a historic sign. Ir~ mai~inc~ such a findin(~, the Planning
Board; ir[ consultation with the Historic Landmark's Commission.
must find that the proposeid sicj!n i~io[ significant historic quality
in .terms of ac~e or desi~.~T'~r b~ rea,son bi its retationshio to
an historic reno,-orion proibc[. ,The Board of Appea s may allow
the reconstructi°n, repair ~and maih~eriance bt' historic signs upon
such t:erms as may be just'~and proper in addition to, or to the
e~ctusion :of, any other si~ns.p~rmitte~ by this chapter
G_~.. Temporar~ s c~ns. The erection, installation, or maintenance
of temporary signs, as defined herein, is hereby prohibited.
exceot that the Buitdinq Insbector may grant special permission
for the maintenance of the following
A temporar~ si~n announci:nq specia events, etc., not
eXceed nc~ twenty-fou~ (241 sc~uare teat in area. which is
.erected by a municipa~l, charitable, or nonprofit organization
is permitted, for a ~e;riod not to exceed thirty (30! ~ays.
T~emoorar¥ interior sit, ns announc~nc~ soecial sales or avenls
shall oe oermltted in the Hamlet Business and General Business
Distr~ct. Such sians shall cover no more than twenty-fiv~
{25%)i percent of tt~e window area to which they are affixen.
ano ~hail oe removeo w~th[n twenty (20] days.
Unsafe. abandoned and unlawful sic~ns.
The owner of a sion and the owner of the oremises on which
such sign s located shalt be ointly liable to maintain SUCh S~ln,
inciudn~ Jts illumination sources ~n a neat an(: orderly conoition
Bna c~ooo:iwork~no. oraer a( all times ano to prevent the develooment
of any,ru~{, corrosion, ro~tln9 or o~her deterioration ~n t~e physical
aopearanc~'or satety 0f such s=~n.
If the ,Bui~din~ Insoector shall find that any sion reou ated herein
cna ~n notice by certified mall to [n~
on Said s~an ann all ap~urtenance~
or slruc~ure uoon wnlcll
such (30J aavs after written
Inspector. UDO~ [he (allure to
ce w~ln~n [he time soecified there~n, tn.'
person or ~ersons haman
in s ~ovaJ, ali costs ann exoense~
ne removal aaa s[oraae of such s~an
ann on winch suc~ stun was Io~ated
)arq within thirty [30)
may tile ..
Section 100- 206~,.
Town
roil.
I)ena I t
. _ p r o p_e r___t~y~., _ s h_?? c o-n-'-~'~'u t e
~¢teo ano enforced ~n the
~s. at the same t~m~ dna u.c~r'
Ihe collection and
Th. own~r ot--
sDector as
3~m such sign until
eno been pa,o.
438
C. If in the determination of the Buildinc) Inspector, a sign is an immediate
-- p'~ril to persons or property, he may cause such sign to be removeo
summarily aha without notice. The cost of such removal shall be paid
b~/ the Town aha such amount shall be aha become a lien upon the
premises in~.questJori and. sha!l ,be evied and co lected in the same
manner and under tJ~e same penalties as an assessment of a puolic
improvement.
Section~ I00-207~ Continuation of existinc~ signs.
N0twithstandino any' other provisions pl.,this article any s on in existence
at the effective date of this'article which does not conform to the provlsaons
b'
2q.
Chapter 100 is amended by adding a new Article thereto, to be Article
to provide as follows:
ARTICLE
Landscaloing, Screeninc~ and Buffer Regulations
Section 100-210. Purpose.
The following standards are intended to enhance the appearance and natural
beauty of the Town anc~ to protect property values through preservaton and
planting of vegetation, screening, ~nd landscaping material. Specifically,
these standards, are intended to enhance the appearance of maior travel
corr~oors and business areas; to reOuce excessive heat. glare, and accumulation
of dust: to provioe orivac]., from noise and visual iintru$ion; and to prevent
the erosion of the soil, ~xcesszve run-o(f of drainaoe-water, and the conseouent
dealer,on of the ~round' water taPle aha the ootluti(~n of water bodies.
Section 100-211. General requirements.
The following provisions shall appl~ to any use in all zoning districts:
A. Landscaping, trees, and plants required b~ these re~utations sha I b~
~ ptant~ in a ~rowin~ condition accordin~ to accepted horticultural oractice~
and they shall be m~intained in a healthy ~rowin~ con~ition. Anv '
~ands~Din~,. trees, an~ otants which, are ~n acondition that does not
fulfill the intent of these re~utations sba he,replaced bv the orooert~~
owner ~ur~n~ the next piantin~ season for the particular olant material.
~. A screenin~ fence o~ wall required b~ these ~e~lations shall be maintaineH
-- by the Ofooerty owner in oood condition throughout the oeno~ of the
useo~ :he lot ~uo~t to the foilowmg coneition~:
(~ Any land that is or has been desionated or required to be a screenmq
Boar~, Plannin~ 8oa~d or~Zonln~ 8oaro Of Aooeais of any grant
of an aoo~icat'ion for a c~ange of zone, Variance or s~te ola~ aoproval
or which ms r~u~re~ by ordinance or Iocat taw must ~e m~mta~ned
by t~e owner of the prooer:~ or an~ Qf ~he owner~- successors
(2.~ When it is determined b~ the P~anninq Boa~d that any tano is not
mam~ameo oursuant to such grant o; J~w, the ~uildinn
Insocctor snail notify the owner of recoro or such iano. Oy~
Certified mail to the address shown on [~e ~ast _compmezeo assessment
shruoDery aY other screenin~ or paved areas pursuant to the ot~n
In the event t:hat the owner of record does ,not comply with the notic~
within nifty [30) days of he'date of said mall nc7, the
Inspector ma~ take the approoriate act]on tO erect., re,,ace, re~air
or mamtain f~nces,~ trees.~ptantin~s, shru~bery or other scree~n~
or oaveO areas on the designated land. Th'e 86ildino Insoector shall
certif~ b~ af~idawt.the costs incurred either by the Oeoa,"tment or
~e To~n Board. The TownSoar~ shall, b~ r~sotu[~on instruct
t~Town ClenK~o publi~h.a ou~ic noticd thaC'a pub'Ji~-~ill
be h~ d for th~ purpose o~ a~in~ ~o the ~Se:ssme~'[~'~-~e'
described Iot,,or pa~cet the costs
hear~o~, the~Tow~ 8oard will hear an~~6Gi'j~u,,-~{ich
may be. made..tO such roit. The oublica~i0~ o( su~h~n~ snail not
~e.[eSs than ~ten (~lO). ~'s~be/ore [he time
~e Town ~oakd, a~ter public hearing, may' then c~use such assessment
to become a lien and ~ma~direc~the Town~Asse~so~ to p~e it on
the assessment roll.-
All landscaping, trees.'and pant ng materialadiacent to parkng areas,
Ioadinc./ areas. 9r driveways; s~hall I~e properly ~)rotected from veh cular
oamage p¥ r, arr er~ rums. or otne~'means.
To the extent possible, existing trees, vegetat on, and un qua site features
such as stone wall's~ shall be r;~ta'ined and proteCted. Existinc~ healthy,
mature trees, if properly located, shall be fuil¥ credited against the
requirements of these regulations.
NOVEMBER 1, 1988
E. Where lot size and shade or e~isti~d structures do not make it feasible
tO compty with the reg~iremert;tS fo,~a front tandscaoed area or landscaoed
parkin9 area. the Plannin~ B(~a~d may aoprove ptar~ters, plant boxes or
pots contain/nd trees, shrubs'; ,~d/or fiowers to comply with the intent
Of these
F. In cases where :the edge of the pavement within a ~aublic right-of-way
~ does not coincide with the front lot line, the property owner shall landscaoe
the area between the front lot line and the ec~le of the street pavement.. '
Section 100-212. Front landscaoed area.
439
A front landscaoed area shall be required for all uses in all zoning districts.
The requi~;ed landscaoed area shai be covered with dross or other orouna
cover anti snail mctucle approor ate trees and shrubs. As a m n/mum, n all
non-resiaentiai districts an~ in the Hamlet Oensit~ Residential an~R-~0 bow
Dens,tV Residential DistriCts one sha~e tree havi~ a ~tiper of two ncnes
s~ail b'e ?an(ed wit-hie [he f~ont lan~scape~ area fo~ ~c~ forty (40) fee[ or
frac:ion~ther~f of lot ~ronta~e. ~Thepurpose o~ the lan~scapi~ds :o enhance
the aopearance o~ the ~se on [~e IOtr ~ut not tO screen :he use from view.
AD
Residential Districts. In all residential districts, required front yards
exce~3t for the drivewa,v, she be landscaped with ~r~ss or other'su~taDl~
c~rouno cover, trees, and/or snruOs.
_Non-Residential Districts. In all non-residential districts, there shall
be a [anoscaoeo scrod in the front yard area: ~n tee LJmltec ~aus~nes~.
Generai E~usi'ness. and LJc~ht industrialJOffice Park and Lic~ht inclustrial
Districts. tee step shah ~e twenty-five (25) feet an~ in
Marine Business Dis:r~ct the ~anQscaoed strip shaU be fifteen
(15] ~e~( ~ee~ aton~ and contl~uous [o ~he front 1o[ line of the
There S~ail also:be a landscapeQ area five {5) feet wi~e abuttinc :~e front
o~ [~e buHdin~ in ail non-resiQentiaj districts inciu~in~ the Ha~et Buslne5~
Dis:r/ct.
Section 100-213. Transition buffer area.
The purpose of the transition buffer area is to provide, privacy fro n noise.
heaOlic~ht ~lareand visual Intrus~on to residential owetlings. A buffer area
shall be required alon~ al boundar es of a non-reslaential lot aoUttlna any
lot in a resJ~e~t[ai al:/strict.
Such buffer area shall comply with at least the fo/lowing minimum standards-
A_C.. The buffer area shall be located within the bounaaries of [ne SUblet!
property.
The minimum width of buffer areas Shall be as follows:
[ 1.) Hamlet Business District 15 feet
(2.) Marine 13usines5 District 20 f~et
( 3J Limited Business District 20 fee~
q_.:., General Business Districts 25 feet
5.~. Industrial Districts 30 feet
6. Any district other than residential district adioining
~ and owned or maintained by New York State, Suffolk
County, or Southold Town with current or potential
as par~ land. 25 feet
The buffer area shall.be of evergreen planting of such type. height, spacinc~
-- ~'nd arrant, lament as, in the jude. ameer o'f the Planninq Board, will effectively
screen the activity on the lot from the ne[ghborinc~ residential area. As
minimum, the planting shall consist of a dc~ubie row of trees six (6) feet in
height otanted at intervals of ten (:10) feet on center. Non-evercjreen plant/hq
may be included to supplement evergreen plantinc~, but not to ta~e its place.
D. A landscaped earthen berm, wall, or fence of location, height, desiqn, and
materials approved by the Plannin~ Board may be acceoted for any portion
of the required piantinc.~ and/or buffer area.
E, Where the existing tooo~raohy and/or landscaoinc~ prov des adec~uate screen/no,
-- {t~ Plannin? Board may accept the exis:ln~ plant
the reguire~ planting.
Section I00-21~. Landscaped parking area.
In addition to the front landscaped area and buffer area requirements, park/n,'}
areas snail comply with the tollc~win<~ minimum standarc~s:
All uses re<au/red to orovJde twenty (2{31 or more off-street park/no soaces
shalt have a't least ten (10l square feet of interior landscao[nc3 w~tnm [no
pavecl ?ortion oi; :he Dark ng area for eac~n parKIncl space ana at teast one
(~) tree with a two (~l inch cai/oar for every ten ~O/ oarkinc~ soaces or
fraction thereo~. ' ' ,
Each seoarate landscaoed area shall contain a minimum of one hundred (I00)
sc~uare feet, shatJ have a minimum dimension of at Jeast e~ant [8) feet. shah
be olante~ wlth'(~rass or shrubs, and shall include at leas-t one (1) tree o~
not less than two (2) inch c~lioer.
NOVEMBER 1, 1988
Bo
A lan~lscaped area shall be provided along the perimeter of any parkin(3 area
exceot Uqat portion o~ the parkin~ area which ]~rovlc~es access' to a street
~ parkin~ ~acllity on an aO acent ot Accessways to a~'acent lots snal no
exceed.twenty-four (2q) f~t in width and shall not exceeO two (2) in number
for eac~ Ouroose The lands~oed area shall have a minimum dimension of
or.' shruos anO shall =nclude a~
(uOI feet
Co
Trees use(~ in parkin(~ lots shall include Honey Locust. Pine, Oak. or other
located. - ~ -c~-. . . .' '
Section 100-215.. Properties'located adtacent to creeks.
A The rear yard.sol prc~:~rttes rotated ad)acent'to creeks ~h Il include natural
-- veQetatlo~,and~/or snail ~ontain: su~tabJe'~iante~ veQ'et~tion~(o a minimum o(
tw;~t~ ~(201 - feet ~nland {~om the,~eah, hieh water'l~ne ~tevarton ,or. we(Jan~
~ to ~revent-ero~on of the ~hbreline. VeQetatlon' . . '~[hln the butler
Sired s~aH not be fertdize0_.'pr cnem~ll~ treate~. ~
25. Chapter I00 is amended by adding a new' Article thereto, to be Article XX I ,
to provide as follows:
ARTICLE X×III
Supplementary Regulations
Section I00-230. Exceptions and modifications.
A.
Established front yard setback. Where proper, t¥ in the vicinity is improved
with principal buildings with front yards of less than that required by-tine
~rowsions of this chapter, the front yar(3 setback shall be the average
setDacr, of the existing buildinC~within three tqunc~rect (:300) feet of the
proposed buiidinc~ on tiao same side of trte street within tiao same use
district.
Exceptions to lot deoth requirements. The minimum lot de~, th at any point
may oe oecreasecl to sevent,/-five (75%) percent of the minimum reouwement
if the average c~epth conforms to the mlnlmtJm requirement.
Exceotions to yard rec~uirements.
Permitted obstructions. Cornices or cantilevered roofs may proiect
not more tinan two (2) feet ~nto a required ~aro. Belt courses, window
sills ant other ornamental features may prolect not more tinan six
incnes into a required yard. Fences ar walls not over four (ql feet
in heic~ht may be erected anywhere on the lot exceot as set forth in
Section 100-232 herein. Pavec~ terraces steos and walks tother tl3an
SUCh as are nee~ied for access to the ouiiainQs on the loci shall not
prolect within fifteen (151 feet of a street li~e or four (4) feet of a
property line.
(2_~.) Entries and oorticos. A roofed-over but unenctosec proiection in tine
e×tendinc~ not mo~e than six (6) feet out from t~e front wail of the
budQinQ, s~ll De exempt from the r~mrements of t~s section when
the ~u~T~in~ otherwise ~molies w~t~ the reQula[Jons of t~s s~l~on.
In comou[m~ the averaQe se[Dac~ the presence of such entrie~ anQ
por[~cos ~naH Oe
Permitted proiections. In any district, chimne~ on residential, public
or seml-puDiic buiidinps may prel~t ~nto a r~u:rea yard to the exlenl
of dot more than ~wo (2) f:eet. In an~ residen~ial~is~rict, terraces.
sle~s or uncovere~ 9orcpes may proj~[ into any raquw~Q ~arQ,
prowaeo no part tnereo[ is nearer man four (4~ fee[ [o any 1o[ line.
O~ Heipht exceptons. The~heipht limitations of this ordinance snail not apoIv
(I_:.. }
Soires. belfries, cupolas and domes not for human occuoanC¥;
monuments, transmission towers, cmmneys, oerrtc~s, conveyors, flag
that any television or radio aerial shall not De locazec~ nearer t~an a
Oistanc~ equal m its height a~ove me roo~ or om~ permanen~ structur~
to wnich it is attac~e~ t~ any ov~rn~a~ elastic tr~n~m~ssion 'Line carrv~nn
more than 220 volts, t
~n¥ SUCh structures t~at are tocated on any roof an~l that exceed in
h.__e~c~ht the limits in the oarticutar cl~5trict ~r, all not tn the
occ¥1:)y more tnan~..twent~ ~2~%) percent or ~ne horizontal area o~
rooi, and are set back one (1) {~t from :he edqe of the roo~ for each
a~i~~heipn~ 9rector than the specH'~ hek~n~.
3o
All mechanical equ pment necessary to operate building services.
which eou~oment is Iocatec3 on the roof of a structure, shall be screened
in a manner aDprovecl by the Planninc~ Board.
NOYEMBER I. 1988
Retail sales in Residential ~,~[~!~s. ~ ~
Not~ithst~,din, any other p~vision of 'this Chapter, ~11 premises located
in any Residential District a~d upon which retail sales are conauctea shatl
be su~ect [o site plan approval by the Pfannie~ Board, pursuant ~o th~
provisions of Article XXV.
441
Section 100-231. Height of fences, walls and hedc~es.
Fences, walls, hedges or other live plantings within fiv~ (5) feet of the Drooert¥
lines may be erected and maintained, subiect to the following heic~ht limitations:
A. When located in the front yard alon9 the front lot Hoe. the same
-- ~a, II not exceed four (4~ feet in hat,iht.'
B. When located alon~ side and rear yards, the same shall not exceed six and
one-:half (6½) f:eet in heic~ht.
C. When located other than in the front yard area or along side or rear lot
-- I~nes~ the same shall not e~ceed eic~ht (8) feet in height
Section 100-232. Corner lots.
A. On 8 corner tot. front yards are reauired on both street frontages, ami
one ~ara other than the front ~ard s~all be aeemea to De a rear ~ard. and
the other ~r others side ~ard~.
B~ On all corner lots. berms, wails, fences, and hedaes or any other potential
oost~uctmn to vision shad no~ excee~ a hei~ht~ two ann one-naif (2~)
feet above the average street level with;n an soscees trian~ e havinQ thirty
('30J f~t sides aion~ each street to preserve sight lines for traffic. ' '
S~tion 100-233. Building length and separation For buildings contamino multiole
A. No buildin9 'shall exceed one hundred twenty-five (1251 feet in length.
B._~:.. The. minimum distance between principal buildinc~s sh~Jl be eoual to tw,,-
times the heicjht of the highest building, and tt~e minimum distance oetwee,,
a prmc~pai and an accessor~ building shall be twenty (20) feet.
Section I00-23zl. Courts.
A~ Inner courts. An inner court is. 0ermitted in multi-family dwetlin~ develoomem-
if the m[mmum,dmension or such courZ ms not less than two-ureas the averao,
height of ail surrounding walls, but not less than sixty (60) feet. The natant '
of wails surroun~in~ an inner Court shaft be measured from tinlsneQ ara~e
at the base ther~f to the too of such wail, except that, in me case of r~f-,
inches vertlc~ :o twelve (J2) inches norl:antal,
~t sh~ti be me~sure~ ~ ~e~ ~t ~[ me root.
8. Outer courts. The minimum ~fdth of an outer court shall be twenty (201
~eet eno the de~th thereof snail not exceea ~ts width.
Section I00-235. Access_requirements.
A. SJreel access.
I. No buildin~ shall be. erected on a lot that does not have direct access
tO a pUbliC street [~ accordance wHh S~clion 280a of the Town ~JW.
~c
All buildings and structures shalr be so located as to provide safe
convenient access for servlcJnq, fire'and
street park~nc~ and Jot JoadJna."
Residential rear or flag lots and accessways. Any rear lot or fla9 lot
occupied or to be occupied by a one-family dwelling shall have acC, ess
thereto by means of an accessway havin9 a width of not ess than f fteen
(15j feet. servinc~ only such lot. The area of the accassway shall not
be includea In determining'the area of any lot. The fronl yard of any
lot havinc~ access to a street b¥ means of an acr~,:~wa¥ shall be th~
requlrea froot yard specified for the district in which, the lot is located
ann shall oe measure~ from the rear, Jot tie to the frbnt lot.
Section 100-236. O~en storaqe.
A_c.. No unenclosed storage, except parking of operable passenger vehicles
capable of passin9 inspection or recreatmn vehicles or boats as set forth
i~'~on 1~0~191 shall be permitted in a residential district.
When open storage is permitted in a commercial or industrial district as
a principal or accessor~ use me followinc~ conditions shall be met:
1. Storac)e shall be screened from view by a Fence or evergreen
screemnc~, the oesmn and location of w~c~:snall be aooroveo b~
the Pfannin~ 8oarQ~ In no Case snail the stored mate~l~l
the heiont of the screening.
No outdoor storage may be oermitted within twenty-five [251 feet
of a residential ~istrm:
442
NOVEMBER 1, 1988
Automobile wreckin? yard or tunkYard is required to provide suitabh,
S-Crooning in the form of fenc hg c~r hooches comoteteJ~ arounQ
~er~oner~ of the area use~ for suc~ nu~ooses 'suOiec~ to the approval
or~timmationt~e Plannlngof saidB°a~" FailUre louse. . prey ~e SUCh screenln~ snail ~e~uir~
S~tion 100-237. Prohibited uses in all districts.
The following uses are prohibited in all distr~cts-
A. Any use which is noxious, offensive or obi~tionable bv reason of
~l'ssion of smoke, dust. gas; o~or or o[ner ~orm o~ a~ ~ut~on or
reason of t~e ~eposlt. oischar~e or ~ispersai o~ tiQu~e or soii~ was[e~
in any form in su~ manhe~.~rlamoun[ aS to.use permanent ~amao~
to th~ soil a~d stream~ o~ o :a~Ve~e-. a~f~-- -~
b~ reason o~ the crea~iono¢ noise, wbration, electromagnetic or o~e,
disturbance, or by reason of illumination b~ artificial l,i~ht or liqht'
reflect on bevon~ the m ts~o~ t~e pt on n~ ~-~ ' ~ ~ ~
~tlectmon emanates: or wh~ch/~nvolves an~ dangerious fi;,.
eX~lO~ve, radioactive or other hazaro; 0r
health,
E~. Artificial lighting facilities of an',/ kind which create c. ltare beyond
lines, ' ' , '
C. Carnivals. clrcuses and related act villas except for a temporary
-- on special license from the Town Boaro." ' '
O. Junkvard or refu~disooSat site ¢Xcept a refQse disposal site established
-- as a~ otficial town refuse disPosal--site or Qulv autho~ed as a refuse,
dis~sat silo b~ the Town~Bo~r~.
Uses involving primary production of the following/ products from raw
ma teriais:
!. Charcoal and fuel briquettes; chemicals; aniline dyes: carbide;
caustic sooa; cellulose; chlorine: carbon black and bone black;
creosote; ~lyarogen:ancl oxygen; industrial alcohol; nitrates of
an explosive nature; potash: plastic materials and synthetic resins;
proxylin; rayon yarn; hydrochloric nitr c, phosphoric, p cric
and sutfuric acids; 'coal, coke and tar products, including gas
manufacturing;; explosives; gelatin, c~iue, and size (anlmail; tlnoleum
and oil cloth; matches. , ~aaint varnishes and turpentine: rubber
(natural or. synthetic);_ soaps; includin~ fat rendering; starch,
The following processes:
Nitrating 'of cot,ton o~' of other materials.
Milling or processing Of flour
Mac~nesium foundry.
q._L' Reduction, refining, smeitinc] and alloying metal or metal ores.
5. Refining secondar,/, aluminum.
6_.:.. Refining petroleum products, such as c~asoline, kerosene, naphtha,
lubricatmq
7. Dlstdlation of wood or bones.
B. Reduction and processin~ of wood pulp and fiber, includin~ paoer
mill onera t~ons.
Operations invoivin~ stockyards, slauqhterhouses one sloe niles.
H_:.. Storage of explosives.
I. Quarries.
Storacl, e of petroleum products. Notwithstandinc~ any o.ther prey sons
of th~s enabler, storage facilities w~tn a total comPineo capacity o~ more
than 20,000 Qallons, including atl tanks, p~oeiines, bud~inos, structures
and accessor~ equipment designed, used or intended to bemused for the
storaQe o~ gasoline, fuet oil, kerosene, asphalt or other petroleum proQuct%
shail ~ot be IocateQ w~t~n [,900 feet~o~ tidal ,waters or ti~a~ wetlands.
Section 100;228. Provisions for communit~ 'sewer. water'and utility facilities.
Where public sewer and/or ~ubllc water and/or public or private uti'lily systems
are reclu~rea. ~ ~o~' premises to be serviced by suc~ s~s~ems snail
ooeratm~thereo[, condition a~d have been aoproved Dy all aQenczes, nav~n~ ,ur~sa~ct~o'n
Section 100-239. Land ':~'3"--der water: tilled land.
Streams, oonds, tidal marshes and oortions of Lone Island Sound and its various
~NOVEMBER 1, 1988
district, shall be considered as bei~c~ in the, rnest restricted.use distrct abutt
otl~ereon...a, nd such zening ~t~55![i~.~Ah,~j~¢~c~p~ioue :in.~force reaar~less
~ruea to permit the fiJlJn~ Or drea~in~ af such land. ~ For the purpose.
of camputin~ d~sity for the ~eveJopme~t of ;any lot or ars. no land unde.
water, unless filled pursuant to law. shall be i~cluded in computing the minimu.n
~c,, me proper~y h~. -
Secti~ 100-239a Ex.va[ions.
No excavalio~ of any kind shall ~e. p~mit~ except n connect on with th~
~ y = ~. . .In th~ even[ ~hat a bui n~ opera[~on is a~es[ed rio,
a~umuiations, and toosoil shall
S~tfon 100-239b Tourist camos, camo cottages and trailers.
A. P~rm ts r~uired.
NO tou:rist camo shall be established, maintained or operated in any
~dgs:trfct, nor shah any tent. tent house, camo cottage, house car o,
t~aile~'[o be use~ or 'occuoieO as a p ace for' v
aut~G~ed bv the Town Boar~ .......... - .......... s1
' . - V-.~ua,.~ [o the provisions of Chaotea
88. Tourist and Trader Camo.
B~ A~t0mebi:~!e ira' lets or house ~rs.
443
cl any other 3rovisions of this 3ter, a sinaie automobii~.
E~emptions. 4'
Tl~s ~ectJon:shafl not be deemed to appl~' to the temoorarvor seasona
qa~p ~f' a~y uniL of the BOy 5counts ~t America ne '~h~ ~u,~ sedsonz_
~s. resoec[~ve~
Section kl0~ 23~ Germs
A. Ceneral
.All berms shall be constructed so that all sides of the berm snail
no[ have a 51ooe ~reater trtan one (11 to three (3-~'~-~eee~-. For
purposes o1' [h~s sec:ion, the sloop, shah refer to the ra[so oia
vertical rise of one (]t~-f~t [o a'h~zontal run or'three (3) feel.
(2) Ail harms shall be const-ructed out of c eon fill or an eclua a rove
to settle be~or~ f na~ snaoin .... :~_s,,.~, .ge 9lv~n su~flcient tlm~
setUeo fill has oeen snaoe~, a umfO'rm six (6) ,nc~ layer or approved
h~cui[u~at topsod shall be place~'~ t~ tdl and hne 9ra~ed'.
(3) All berms shall b~ properl~ vegetated and landsc~ed, as approve,,
b~ the Plannin~ Board, before any erosion occurs in the topsoil
on the berm, or. in the alterna~iv'e, the berm shall be covere~
with an approved ~round cover until such time tne perm can
property landscapeQ.
~erms shall be construCted onl~ durin~ the period from March 1
[~.rou~h October 15.
(5) No fence or wall shall be constructed on a berm. However.
retainin~ wall may be placed an the sides ota berm wflere
~t~nnin~ Board fnds ~a d retaiain~ wail will promote aestheti~
C~nside~atJons and [he height of same does nat exr-a~ the
~ ~raae of the berm.
The construction of harms and the berm itself shall not interfere
The outside toe of the berm shall not be closer than six (6~
to any pro~er:~ line.
Height.
(11 The heia~ht of a berm shall be the vertical distance from the to.)
(2) In all residence districts, no berm shall have a height greater than
-' f~-ur (41 feet m th~ front ~'ard or six and one hal-f (6½} feet
(3] In all nonresidence districts, no berm shall have a height 9reate,
444
NOVEMBER 1. 1988
Notwithstandin? the provisions o~ Subsection Bt1) and (2) of this
S~CtlOn. where the prooos~ Dorm ~s along a ma~or street, as [Ilar
term i~ defJnee in sub~ecti0n Al06-13 of the Town of Southotd
~anQ SubOivis~on Re~u~at~ons, t~e Pfannin~ Board may ~ncrease
the height l~itations of this subsection where~it woul~ be in the
,~pubHc Jnterest ~y limi[inq a~verse imoac=s frog.no,se.or liqnt or
by promot~n~ aesthet~ c~nsi~e~ation~' ~ However ~ no 'ca~e snail
a'b~rm aion~ a mawr street excee~ ten {~0)
Permit.
All berms in excess of four (4) feet in heioht, except those required
to De constructeO ~n cOnnect?on w~tn the ~tannin~ ~oar~'s ~pproval
of a subdivision p at or s~te p, an...s~at reqU re a bu~ d,
All aoolications fcra buildine oermit for a berm shal nc]ude: th~
(a) A ,de,ailed Qrading plan of the ant ~e. si~e ~ndicat~nq th~
'ex,s~in~.'.~r~on~' ri;contOur nter~aJ~
(.5~ ~t anO Ch~ p~oooseo ~Doq~phy i~onto~r intervals
no oreater than two (2) feet. 'The scal~ of the oraoino alan
sha] be:.~:. ~n° sinai, , e~<than,_ , o~e (l) incm equal~ twenty (26l fe~t.
(b) A cross section of the berm indic:tino the t~pe of malerials
to ~be use~ in constru~t~n9 ~ne perm ~i.~., fill, ~oDsodl and
the location of lan~qm9. The scale o~'cross secuon ~1
De~.n~ S~.~I~ th~n~n~ (:1] inch e~uals four '~q} f~e[:; and
(C) A ,detailed la~s~in~ plan indic~tin~ the }ocaHon/. size and
-- q,u~l~ty, ~f :~[.he~'/spe~ies :~[~:be 'planted;
All aoolications for a ~rmit for a berm shaU be referred
to r~speC[~ ~o the compatibilit~
of the oerm
(4} Within t
or disa
(si
The Build ng nspector sha I not issue a permit for. a berm until
Plannin(~ Board approval- has ~oeen received. Faill~re of tile Plann nc~
Board to ac.~:within twenty (20) working oays snail be deemed an
approval. ~ ~ ;
All provisions of this chapter relating to the bu [din9 permits and
construction shall apply to buitdinc~ permits for Poi'ms, except as
provided in t~is 5~tlon.
26. Chapter 100 is amended by ad~ing a new Article thereto, to be Article XXIV.
to provide as follows:
ARTICLE XXIV
Nonconforminc) Uses and Buildinc)s
Section 100-240. Purpose.
The purpose of this article is to reduce or minimize imoacts of: uses and
buildings wl~ich do not conform to the use or bulk requirements set forth in
this chap[er; all uses and buildings that become nonconformin9 by reason
of any subsequent amendment to this chapter; and all buildinc)s contaimnc)
nonconforminc~ uses.
Section 100-241. Noncon forming uses.
Except as provided hereinafter, nonconforming use of buildincjs or open land
existing on the effective date of this chapter or authorized 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
buiidinc) or use:
A. 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 chap[er~, nor shah any external
evidence of such use oe increased by any means wrtatsoever,
13. Shall not be moved to another location where such use would be
nonconformtng.
Shall not be changed to another nonconformin.9 use without approval
by the Board of Appeals and then only to a u~e which in the opinion
of the said Boaro. is of the same or of a more restrictive nature.
Shall not be changed back to a less restrictive use, if chanqe~ to a more
restrictive nonconform~nc) use.
E_:.. Shall not be re-established if such use has been changed to, or replaced
by, a conforminq use.
F_.~. Shall not be repaired or rebuilt unless the use is changed to a conforming
use if the nonconforminc~ use Is damageo by fire or airier causes to the
extent of 50% of its fair value.
1988
G. Whenever a nonconforming use'o'f s building or premises n~s been
-- ai'scontinued for a per od of more than two'(2) years or has oeen
changed to a higher' classification or to a conformin9 use anything in
this article to the contrary notw~thstand ncj, the nonconforming use of
~uch building or premises shall no longer be permitted u ] ess ~ variance
~hebefor shall ha'~e been. granted by tt~e Board of Appeals.
Section 100-242. Nonconforming buildings with conforminn uses.
^. Nothing in this article shall be deemed to prevent the remodeling,
~'econs~ruction or enlar~elnent of a nonconforming building conta n ng
a conforming use provided that: such action does not cr~:ate any new
to the regulations Derta~n~ng tO-such bud rigs: -
B__ Reconstruction of a damaged buildin,q~
!. "~'~ noncanformi~n buildinc,] containing a conform ng use which hals
been damaged by fire or other-_causes to the extent of more
than 50% of its fair value shall not-,be repaired or rebudt
un~eSs such building is made substantially to conform to the
height and yard reclp~rements of the Bulk Schedule.
2._ Application for a permit to build or restore the damaQed oortion
of ?nv builoincj damaqed or destroyea as set forth in suus~cto~
B(I) 'above, s~a be'f ed with n one year of the date Of such
damage, and shat be accoaipanied by plans for reconstruction
which, as to such portion, shall comply with the requirements se!
forth above. If :such permit is issuud, it shall lapse one year
thereafter unless reconstruction in accordance with the approved
plans has been initiated.
Section 100-243. Nonconforming buitdinc, ls with nonconforminct uses.
A. ^ nonconforminc2 buildinc~ containinc~ a nonconforming use shall not ge
enlarged, reconstruct:eci or s~ructuratly altered or movec], unless tho
use of such building [s chaneeC to a conforming use.
B. A nonconforminc~ buildinc~ containing a nonconforming use which t~as been
damac~ed by fire or other causes to the extent of more than 50% of ts
~air value shall' not be repaired,or rebuilt unless tne use of such buildin~
is changed to,a conforming u~e.
445
Sect&on 100-244~__ Nonconforming. iots.
A. This subsection is ~ntended to Provide minimum standards
-- ~or granting of a building permit for lots mado
non-conformin~ or continued in a state of non-conformance
,by the adootion si this Local Law~ and that were singly
a~d separately owned as of the effective date of thiq
Local Law.
Bo
A nonconforming lot separately owned and not adjoinin~
any lot o~r land in the same ownershio at the effecti%',-,
date o~ this Local Law and not adjoinin9 any lot or lanai
· n the same ownership at any time subsequent to sucl~
date may be used, or a build±n~ or structure may be
erected oln such lot for use~ i~ accordance with all th,,
other applicable provisions of this'=Local Law, provided
,that proof of such separate ownershlp~ is submitted in
the form~of an abstracn of'title showinc the chances, of
title to Said. lot~ whi.ch abstract shall be in the usual
form~ sha%l be certified by an antorney or,a, company
regularly doin$ such work in Suffolk Ccunrv or by n
corporation duly licensed no examine and i~sure %itl~,
to real property in Suffolk County and shall contamn a
certification ~t~at no conti~uous ~rooert~, %~as owned b,~
an owner of the property involved since the date of any
previously applicable Zoninq Law. Such lo~ shall
granted relief for front side and rear yard dimension:,
as follows: '
Minimum Standards
Lot Yard
Area Coverage Width Depth Front Side Both Sides Rear
20,000 20% 120' 140' 40' 15' 35' 50'
to
40,000
(S.F.)
less than
20,000
(SiF.) 20% 80' 100' 35' t5' 25' 35'
446
NOVEMBER 1, 1988
In the case of sinqle and separate ownership of n
nonconformin~ lot located in a subdivision plat, approved
after April 9thr t957r by the Plannino Board of th~ ?ow
~f Southold and filed with ~he County Clerk of Suffolk
Countvr relief for all frontr side and rear yard an,]
~rea dimensions shall be ~ra~ted to the extent that such
~root~ side and rea~ yard and area dimenszons were required
at the time the mad Has originally iiled' with the County
Clerk o~ Suffolk C~untv
Section t00-2.~5 Repairs and maintenance.
Notwithstandinc./any of the foregoin9 rec~ulations: noth[nq i~ this article sba I
be deemed to prevent normal mamtanance ann 'e~}air nj ~'~y buildmo ur
~arrving out upon the issuance bra ~uildinq pe,'m I of n~l ~w ~trucJ~ral
SectiOn 100=246 Involuntary moves.
Subsections {A) and (B) of:SecLion, 100-2~l and s;bseclion A} of S~,cl ]
I00-~3 hecein are noJ intended' to. aT)ply to i~lv~J~tar~J~6g;~l~,~l~)'l -~l&b~
27. Chapter 100 is amended by adding a new Article thereto, to be Article XXV,
~ to provide as follows:
ARTICLE XXV
Site Plan Approval
Section 100-250. ' Purpose.
To standardize procedure for review o~' site plan and requirements for site
plan application rec.~ardless of district.
Section 100-2§1. General requirements.
No buildinq, or structure and no parkinc, i lot o¢ outdoor use of land, exceot
those u~d as a one-family or two;tamd~ ~weilin~ or for farmm~ purposes
and their accessory uses, nciuding ho~e occupations, shall be used.
construc:~, enlarged, or moved until a site Dian meetin~ ail the aoplicabl.
reauirements of [his articie has been aoprc~.e~ ~y the Pl~nn n~ ~o~rd. In
add ton any chanae in use or intensi~v of use which will aff~t th~ '
characteristics of the site in terms of parking, load n~, access, drainaa~
an~Jor utilities or any plan to otter a buHdin~ in a historic d str ct or ~ith
historic landmark ~esianation will require site plan aoptovai. Furthermor.
-~any use or structure i~ a fl~d or erosion hazard ar~a will teauire site plan
approva*.
In all cases wnere this chaater requires approval of site devetooment plan~.
by the Planning 8eard, no'ouitdin9 parrot shall be issued by I~e Building
Insoector exceot uoon authorization of and in conformity wi~h the site plan
approve o~ me Pl~nnin~ ~oar~.
Moreover. it is the intent that all orobiems arism~ within the limits of th~
jo~ site will be comoleteiV cesolve~, re~eslQne~ an~ aD, roved before an~
juo~ement becomes aDoarent ~urm~ the oroQress o~ [~e w~rK. t~e Pl~nmnq
B~r~ through its representative. '~ne ~il~n~ nsD~:or reserves the riQnt
specifications [o correct SUCh error.
It is also underst~d, that the Ptannin~ Board or its rep~sentatives shall
no: oe ~eid liaDle for an~ proo~ems ar]sln~ our~n~ or after cons[ruc:~on.
Section ~00~252. Obiectives.
In considerin~ and actin~ upon site develooment olans, the PlanninQ Board
snail [aka into consideration cna public health, safety an~ welfare, the comf~
an~ convenience o~ the oubtic ~n Qeneral an~ the residents of the imme~iat,.
nel~nDorh~ in particular, an~ ~ay prescribe aooropr~a:e con~itions ann
sa{e~uards as ma~ be r~uir~ in order tha~ the'~esuJt of its act on may,
to [~ maximum extent oossibte, further the exoressed inten: of this chaote,'
an~ [he accomplishment'of the followin~ o~i~ti~es in particular:
A. Traffic access. That all 3rooosed traffic acc-~vs are ade~ua[e but
wi[~ overall traific"satetv'consi~erat o~.
Interior circulation and parking. Thai adequate off-street parkin~
proposed use~ on-site. ~nd ~hat the *nter'ior circulation system ~s
Landscaping and screeninq. That all required recreation, parkina.
service anQ similar areas are screened at all season~ of the ~,ear f;om
view of adiacent residential distrzcts and streets, anc that the ~anoscapnq
of the site is in character with thor. c.~eneraily orevaiiin~l in th~
neic~hDorhood. Fxisting trees eic~ht inches or 'more in diameter
measured three feet above the base o~ the trunk shall be retained tn
the maximum extent possible.
NOVEMBER 1, 1988
D. Natural features. Due reqard shall be oaid to all natural features on
~nd adjacent to the site, i~ctU~incl0 bu~' not lirnitecl to, drainaae courses
wetlands, marshes, dunes bt~Jffs' bea~:hes escarpments wo(~cilands,
large trees, umc]ue plant andlwi dfe habitats, flood i~azar(] areas and
to protection of ground and surface waters.
E. Cultural Features. Due re~ard shall be paid to all cultural features
-- on and adiacent to the site inctudind but not limited to archeol0clical
and paleontoto~zcal ~'emams, old tra~'ls, historic structures a'nd site~
and ac~ricuiturai f.ietds.
F. Pavement. Ali areas intended fo~ use by
IlS
all
pavement
Ca. a nature and so.arranged
as t of direct are onto a(]ioining
H.._L. Public address or .sounc3 system. Any sound or oublic address system
snail be:.sucb tha:C no sound from system snail be' audible on aaioimng
properties: ~r on the a~jacent street.
Facades. Buildtn9 facad~ shall be comoatible with surroundin~ area.
J. Drainage..The drainage system and layout prooosal will afford an
adeoua~e sol~tion~to any ~raina~e DroDi~ms. '
K. Public; utilities. Plans ~or water supply and sewaoe disposal are adeeua[e
such ~hat. the nternal water ano sewer s~stems a~e aoeouate and that
all We~ls .seWaoe~s~stess. . aRQ connections to Town systems are in
a~cb~ance ~ith Town and County stanOar~s~
r
L~ ExisZih~ deveiooment and communitY p~an. That the deveiooment
pro~seG ~s.a~ a Scale and density consls~en~
Town of Soul,old.
M~ Ae t}ons. The design of all structures shall be comoa'tibl~
w~(~ structures, Compatibility shall be aetermine~
use of materials. (2)' scale. ~3) mass.
an~ ~7} location o[ the s~ructur~
or str'uC~u~es~ On ~he si
N. Handicaopeld a~:c~ss; The._~ii:e plan and buildind desion shall accommodatP
~ta~;rds ~or ~on{[~bc[~ concerninq the handicapped.
0. Ener~ conser:w, ation. The site plan aha buii~na desion shall maximizP
the conservation of energy.
Section 100-253. Effect of aoorovaJ.
A. No buildinc) permit shall be issued for any structure cove,'u(J ny this
-- ~'rticte~ u~3td,,an :approve(3 site develooment plan or
of an~suc~ plan ha~ been secured b~ the applicant from H~e 151arming
Board:and p~esent~ to the Buildina Insoector. .._
B. No certificate of occupancy will be issued for any structure or use of
land c~vered by thfs article unless the structure is comDletecl or the
land its de'~e[oped or used in actor(lance with an app4-ov~'d site develooment
plan ~r approved'amendment of any such olan.
C._c.. Shou d any. site plan approva involve ~ny matter re~uirincj referral
to the Suft~olk Count';/ Plann;n9 Commission, then the matter shall be
referred, prior to final action by the Plannin(~ Board, to the Suffolk
CoUnty Plannin~t Commission in accordance with the applicable provisions
of law,.
Section I00-254. Procedure.
A. Presubmission' conference. Prior to the submission of a site develooment
lan, the a:pplicant or his agent shall meet with the Planninc~ Board.
he purpose of such conference shall be to d scuss proposea uses or
c~evelooment in oroer to determine wnich of the site develooment olan
elements shall be submitted to the Ptanninq Board in order for said
Boar(] to oe~ermane conformmt¥ wain the prows~ons aha ~n[en[ of this
cna oter.
Waiver of reauired information. Uoon findinc~s by the Plannino Board
that. due to soeclal conditions oecuiiar to a sate. certain of the information
normally reau~red as par: of :ne s~te ~man ~s ina~oroprtate or unnecessary,
or chat stri~[ comoliance with said requirements may cause extraordinary
and un~cessary har~s~ios, the Boar~ may vary or waive the orowslon
or such intormat~on provided that such v~r ante ot wa ver wmi' not have
detrimental e~f~ts ~n the public health saiet~ or qenerai welfare ar
have [ne effect of nuilif~ina the nten[ and our~o~ O~ [~e 5~[~ olan
suomission, Official Moo. M~ster Plan. ~r this Zoning C~de. (See
followin~ Section i00-255 on Site Plan Elements.)
C. Within six (6) months followin(~ the oresubmission conference, nine
(30) days of receaot ot the ao~3iication, the P~anninc~ Board shall Oet,~rmine
whether said apoucat]on is comolete. If the Ptannin(~ Board oetermanes
447,
448
NOVEMBER 1, 1988
~a~d aopJ ¢~3tion to be incomplete, it shall forthwith not:fy the aDpli43nt.
wnermn saad aoDiication s daf crent. If a site develoom~,nt O an ado cation
is .not Sur~mitt~d' withln Six '(6)'~0n.ths followlncl ~_Or~sul3ml~$ion c~3~ference.
another:conference may ~3e required [3¥ the Pla~]r~c~ Board.
If the Board determines to be co 31eta. it
shall wi
comme~,ts and reviews Boarc$ shall also
Town
No a~pticatior~,shall be cJeemed,.como!ete until, either
C~e. or ~ a pos t ye decJarat on: s .ode. unt ,,a dC
impact stalement: has ~en'~c-eote~ bv the ¢lanmnb:
requira~en[5, o~ this ]~e:'[!~, ;re~o~able '['ime' Shah ~(
corn liance with SEQR~.]n'ct:ud[n~;,the preoaration e¢ ·
and ffesOonse
days prior to the dates Of such hearing by pu[3tication in the.oft:lC al
Town, newspaper;
Within .~ c
or if none was helc
the
3va!.
Board
under
the
shail be deemed
Once approval has been ~ranted by the Ptannin~l Board; ,0ne~;translucent
linen or mylar and Six.cooies of ~the ao~roveO plan 51n which:all conclitions
· sna
Amendments to a site development plan shall be
manner as the aoprev~] of :the~ori~gJnat
plan.'
~roval of a site ~ the..Planni
.aop,
acted'u[3On n the same
shall be valid for a
Failure
the, site elan
defied
All' wor~
o[3ta~ns ax snail
e i~d before,a rece~.ved
No re.~rad.ncl.. ¢iearin~. tree removal or any other work in oreDaration
of future use of a s!te may ~aKe ~ace unt site plan aooroval has oeen
race,yea from the Planninn ~oard. " '
Lo
In the case of a variance;apolication redujrinc~ a site. 01an aoproval,
the site develoornent plan application Shall be su[3ectea to a preliminary
review in accordance with the aoove procedure before recommendationR
are ma~e. by the Plannin~ ~6ard ~rior ~ gc:ion 'on sa~a aoplication~
by the Board of Appeals~, 8ui;lai~e ~edm.t~ issued'fa~ v.~riances shall
be m accordance w~th the cono~t~ns.estaol shed b~ ~he 8dard of Aooeals.
A statement shall be ftaced on all site plan's aooroved b~ the Planning
~ard [o the effect ~hat the oWner(s} aqree(s~'to comely w,th:the dian
and_all conditions. .~ot~ ~hereon.'. .The ~e~u~red site i~roVements tall
roa~s, oawn~..and'c~r~iatzon :~a~naqe. utilit es, ou[door, liqhtin~,
recreation areas qarba~e collection Station. [andscao nq and'scre~nin~
including plantin~ and mam.Zenan~e: thereof for a minimu'm e~ one'vear '
and ....a max mum of ~hree, ~ea~"at ..... the d scoot 0n o¢ the Pl~nn ng ~ard)
wn~cn are an mte~ral pa~[ ef,t~e~aoprove~ dian shall be quaran[eed
~y cash. performance bbnd Or'ot~¢r acceptable ~uar~n[ee'aooroved
b~ the Tow~ ~o~i and; Town At'~or.ne~. In the'event that ~'s~sfactorv
~uarantee is not p(pvid~ w~t,hiO~pi~etv [90 days of't~e date of tnP
resolution of the Plahnin~ Board 3opro'vin~ the ~lan sa d resolution
shall be deemed nuLl'and ye,d., fA' ~asn guarantee ca.~ be for 58~ of lh¢
~morovements. Ou[ a,'obnd or order quarantee snail be for 100'; o[ the
~ NOVEMBER 1, 1988
N. The said bond. surety or cash deposit shall be conditioned uoon the
property,owner's, or de~eJotg, g,,.r~::~.t~qg~ ~t~.e_~sai~ ~¥ork enumerated
id the Planning BoRrO: Oho ~on t~e ~¢o~e~ functmnino of said systems
for a period o( one yea~ from ~heir ~o~pietion. In oefadlt there,, the
said bond or de~si~ shall be forfeited and the Town shall use t~e amount
thereof [o complete an~ i~com~le[e portion of the said work or [o make
sMre re,irs are undertaken as are necessary to assure proper functioning
of said imorovemen~s; provided, however, ~hat if any amount of money
remains ~ter the To~n has completed the said work such excess money
will be re[urneo to ~he surety or the person puttin~ up the required
~epos t. Said surety bond or cash deposit may be re~uceo Dy resolution
of the Town Board upon the certification of the Town Engineer that
~ne o~'~more partlcuJ~ [~s requ r~. b~ the Town B~r~ have been
satisfactorily completed. Such reduction s~atl be ~n the ratio ~ha~ the
~mDlete~ item O~ terns bear to the total astra[ed cost of the required
Im~eme~ts. The nsta la[mn of ail i~ovemen~s s'~ll be unde~ the
~irect supervision Of a New York State registered architect or professional
O~ ~< rovide to the Buildin~
No Dart of
of s~te p~an aD,reval
;[rucl ~rovemei plated, inspected
Dv t~e Town.
44 9
P. JT,.he ~Re.devel0oment improvements shall be fully completed in ~'¢nrdanc~
W~th~theaoDr'oved nan before any new builg~in or structure s~own
oq the a~proveo site oian is occupied or a~y existin9 buiidin9 shown
~n IO0-28g on Car[if ca[es of OccupanCy, which indicates that nn
buitdin~ s~all be occupied unti a certi¢iCa~ o( occu~anc~ has been
i:sgue~' '
Section 100-255. Site Dian elements.
A. Submission
A complete site plan application shall consist of:
1. a como eta s te olan application form.
2. site plan review Fee. as specified in s~Jl~section B below.
an environmental assessment form, part one. ,for all Type I actions.
Or actions that may have a sionificant environmental imoact. Se~
SOu[hold Enwronmentat Quali~ty Review Law.
q. site plan(s).
The site olan review and inspection fee is based on the area containeo
w~tn~n the site p~an. SuCh fe.~ shaft be comoutecl on [he Das~s or 50.05
per scluare t'oot of area w~thm the s~te plan prooertv /i~it~; less OuiidinQ
coverage. -
C. Site Plan :-_.~_
The aoplicant shall submit a site plan at a minimum scale of one inch
equal~ ~0 feet to De preoareo nv a New York State licenseO Architect.
Landscaoe Arcnitec/~. C~vit Enai'neer or Surveyor. The s~te o~an sl~all
inciuae [hose of the el~rrents_.listed herein ~vn~'cn are aoOroor~ate rn
the proposed development or uses as Jnclica[erj by [he 'P'lanmna Booth
in the presuDm~ss~on conference. This informatmn ~n total, shall
constitute the site plan. MultJDle sheets may be utiiizea to presen[
the information ragu[rea. '
I. Legal data.
aD
Lot. block and section number, if any, of the property taken
from the latest .'ax recoros.
b. Name and address of the owner of record.
c.~.; Name and address of the person firm or or~anization preparing
the map, sealed with the applicable New York State license
seat and sic]nature. . -
d. Date, North point and ~ritten and cjraohic sca e.
e. Property descriotion shall be pre~ared by a licensed Surveyor
~r Civil En~ine~'r. The sitka pan may reference a land survevor'~
ma~ er base reference man,. All C istances snail be in fear
~ncl hundredths of a foot. All arteries shall be c~iven to th~
nearest I0 seconds or closer. Th~ error of cJo~ure shall not
~xceeQ one in lO,O00.
f. The locations, names and existinc] widths of adiacent streets
-- ~hO tuff, tines.
g. A'seoarate map of location and owners of all adioinino ands
45O
NOVEMBER l, 1988
h.~.. Location width and purpose of all existing and prooosed
easemen[s, se[Packs, reservat ohs an(3 areas declicated to
pulalic use within or-ad)oining the property.
I. A comotete outline o/ existinQ easements deed restrictions
Exist n~ zen no inctud no zone nes and'dimensions.
Natural features.
a. Existin~ con~rs with intervals of two feet or tess referred
~ ,to mean sea level as ~:er USGS ~atum., .
b. Aporoxim~te boundares of an areas sub'ect to f~ n
sZorm-wa tar overttows; '.~[dal ~a~s, ,pon~ ,, and~ m~es,
freshw,ate~ bo~ie~ and wetlands'and streams. ':~, :' ~'
c~ L~ation of existino natural ~eatures enumerated Jbsection
100-252,
t~e
d. Location of an'7, existin.~ cultural features enumerated in
subsection E of ~ction' 100-252 and any Othe.r sl!~i~f, ic;an!
cultural ~eazu~es.
Existin~ structures and utilities.
Outlines of all §tructures and location of all uses'not,requ~r~nrl
structures.
Paved area~s including parkin(~ areas, sidewalks, and vehicular
access ~aetween ttae site an(l public streets.
c. Locations, dimensions, grades, and flow direction of any
existincj culverts. Water lines, sewer lines or sewa(~e
disposal systems, as well as other unc~er~round an(~ above
c. lround utility poles and utility lines within and aciacent to
the proper ry.
d_~. Other existinc~ development features or strucutres, including
fences, landscapmc~ and screenm(3.
e. The location and use of all buildin(as and structures within
200 feet of the boundary of the su~aiect proper[y_
Proposed devetooment.
a. The location of proposed buildinc~s or structural improvements,
indicating setbacks from ail property lines and horizontal
distances from existing structures.
b._:.. The location and desitin of all uses not requirin~ str~ctureR,
suci~ as off-street parking and toadinc~ areas ancl oec~estr~an
ci rcuiation.
c. The location, direction, power and time of use for any prooosed
-- outdoor li~btin~ or puDli~ ac~dress systems.
d. The location an~ plans for any outdoor signs which must
-- in accordance wit~ applicable si~n regulations_
Paving, curbs, s~dewalks, drainage structures fencing
~radin~ an~ dra na~e plans s~a[l ~e i~ conformance with
Town ot Soutnol~ highway standards.
f, Gradin~ uno drainage plans shall be based upon site rainstorm
retention, ~n contormaflce wlt~ t~e Town of 5outhol~ hmnwav
stanoarQs, contours an~ spot ~rade elevations to oe prtw~e~.
~ ' 'LandscaDin~. bufferin~ and street tree pans nciudinq
mater~at size, quantity a'n~ location. A list of olantinQs shall
also be ShOWn. as ,Der the Town of SouthoJd highway standards.
' ~ '
h. Location of water and Se~er mains electr ca service and
caDievisJon installations location of water valves and
hyGrant and/or any alternate,means ot water suooiv and
sewage ~isoOSal an~ treatment:
An indication that all storage areas for materials, vehic e~,,
~upDlies, proc~ucts, or equipment shall be located in e~lher
a side Or rear yard and ~ha~'sucJ3 areas are adecluatei,v fenced
or screene~.
if the site develooment plan indicates only a first sta~e, a
NOVEMBER,,,,, 451
28° Chapter tO0 is amended by ad~ime.a~.::~'~A.rti¢le ~hereto, to be Article XXVI
to provide as follo~? ':i!~;!i'~'?~'~?~??-:~~':~ i~?~¢~' ..... ., '
ARTICLE XXVI
Special Exceptlon Uses
Section 100- :~60. Purpose.
The provisions of this article are designed to provide for administrative
review of selected types of proposed lano~ uses. Certain uses which are
allowable under zomn9 are nevertrletess so likely to significantly a{fect thei~
surroundings that [~e~ r~uire individual review to assure comoatJDiii[~ with
ex~stm~ land use patterns, commun~t~ character an~ the natural environment,'
before oein~ permitte~ ~ come into existence. Similarly. cartain authorized
uses may take on,such diverse forms n their actual m'l~entation that ~t
~s wise to 'rewew and pass upon the adherence of ~ch ndiv dua rooosa
to s[anda .ds and ~u dehnes previOusJ~ estab ished for the use involved.
Finatl~. the ~s~bv-~se review ~cn eyed b~ use of the special exception
a~. provat, mac,an, sm' can increase the fexib ity and an, oroprateness ~ nco
development rewew and better enaole peal off c a s to arq d negative
COnS~uences which sometimes arise [rom the otherwise lawful de~etooment
or useof a particular site.
Section 100~2&1. Special exception uses.
There is hereb~ created a category of land use approval to be known as
sneclal exceot~on uses. Said uses may not De commence~, created, undertaken,
carried out or thereafter maintaine~ o~ su~stantlall~ exoan~e~ w~tnout a special
e~ceot~on a~provai first nawnq been oota~ne~ therefor, which Special exceotton
aooroval shall ~ve been ~ranteo for the use either nv the Plann~no Board.
the: Zonm~ Board of Appeals or the Town 8nard. accordin~ to lhe prov~saons
in this chanter. A~y land use, incJu~ino the erection, construction,
recons[ructmn, attera[mn, demolition, mo;~ng, conversion or change of. use
o~ any StrUcture. snail be a special, exc8otJo~ use requirJn~ a spaced[ exception
a~proval if the text o~ this chboter, or t~e Us~ Schedule ner~. Qenates
t~e use aS betn~ either the subject of 'a special exception aooroval or sImD~v
a .special exception use. No bu~idJn~ permit for an~ such s~ec[aJ exception
use shall be issued ~until the required special exceot~on aboroval shaJ:J hav~
been ~ranted for the same. and the conditions ~moosea in such aoarovai as
~rerequlsites to a buiJdin~ ~ermlt, i~ there ne any, nave ~een met.
Section 10(]-262. Rules of conduct and oroceaure ~o.r soecJal exceotion uses.
An application for a special excention approval shall be on the form
for same provided by 'the Buildinc~ Inspector. and shall ne
in triplicate, together with the fee of ~75.~0. to t~e 8u~Jdin~
who shall review the a~pli~tion for comoteteness ann conformmty w~th
this chapter. The BuiJdinq Inspector shall re~ect the aoolicati~n
is nol com¢le~e or no~ in conformance, and shall noilly the applicant
as to the reason for such re~lOn. If the aool~canon ~s sat sfactor~
the appli~n: and the 8uiidin.~ Insoector snail (orward ~he
to the board havin~ ~urlsdict~n [hereo[.
B. Prior to takinc~ action on any soecial exception use, the board havm~
-- jurisdiction [hereo~,2shall scl~edL~le a public hear~qq w~thm for~¥-Iive
(qS} days al;tar beretta,nat*on :nat trle aoolicat~on ~s complete, Within
sixt',' ~l~01 days followmc.~ the dose ot the public near n~ (ne ,ooarn
shall render a c~eclsJon on the application.
C._:.. Effect of adc}royal. A soecial exception approval issued in accordance
with the provisions of this article shall authorize o~1~ Lhe special
excention use for which the approval is c~rantec~. No use which is
not: a special exception use hereunder shall be authorized' b'~ any such
approval. The approval may include reasonable conditions whici~ the
b~ard determines to be necessary or a~propr ate to insure that the'
applicable c~eneral and specific standards a~d safec~uards set forth in
this chanter for the use can and will. be met andJor adhered to. A
spec:a~ exception approval shall be valid for a period of six (6)
n~onths, b~t may b~ extended for one (I) additional six (6) month
per~od by the i~suing board without the requirement of new public
notice of hearin9. A continuin~ or permanent land use authorized by
a special exception approval which use is undertaken or bec~un durinc, I
the period of 'vel dt¥ of such anproval shall thereafter be deemed a
lawful use, as' ii~ the same were permitted by this chapter without need
for a soec~al exceot~on permit; provided however, that:
(1] All conditions ~mposed by the special exception approval shall continue to
apply, unless oy the:r express 'terms are Of limited duration.
[2] All conditions LmooseCl on special exceotion approval uses c~enerallv
or soecifir=atlV b~, this chanter shall continue to aopl~, rec~arclless'
of whether any such conditions ,were e.xpressl¥ incorporated
the special ex'textron approval.
(31 The board which issues the special exception a~or~vai shall retain
contlnulnc~ iurlsdict[on over the same.
D. C.. Violations of conditions. A violation of any limitation or condition of
a soec~al exceot~on approval, or of any ?rov~sion of this chanter
chaoter. The board which approves any specmal exceouon use shall
foiiow~n9 ~rounc~s:
4-52
NOVEMBER 1, 1988
(11 False statements or mistake of material fact. Materially false or
inaccurate statements in the ao!~licatlon, suoportln(=3 papers or ,
suooortinc~ testimony, or ~qno;'ance or m~sunderstanclinc~ of a
material tact bv the board.' wnich fact. hac~ it been?known to the
(21
Non-comoliance with the terms ano conditions of such aO~3roval.
Failure (~f the aopllcant-Oerm~tee, , to comolv, , with any conditions
or terms of the aoproval.
(3) Activity beyond such aooroval. Exceedina the scope of the activity
use or prolect as :he same was-oescrzoed ~n the ao~3iicat on
Section 100-263. ~'~Ceneral Standards.
No special exception agproval shal ,be qranted unless ~he board 'hay nq
~unsd~c[ton [hereei s~ec [i~il~ rinds a~d de[ermines the fo~w'~n~:. ·
A. That the use.will not prevent the orderly and reasonabe us~ of adjacent
~roj)erties.or¢of properties in ad/,Qcent use districts. '
B. That the use will:not orevent the orderly, and reasonabl~ use of
or leaallv established uses in the distr~ct where=n the o~Oposed use
is lo'be 'lo. ted. or of permitted or 1eaalt~ ~slablished~us~5~.in adiac~t
use
That the safety, the health, the welfare, the comfort, the convenience
or the orcter of the Town will not be ac~versel¥ directed b~/ the proposed
use and its location.
Ob
That the use will be In harmony with and promote the c~eneral purposes
and intent of this chapter.
E_c.. That the use will be compatible with its surroundinc}s and with the character
of the neighborhood and of the community in c.]eneral, particularly with
rec~ard to vis bilit¥, sca e and overall appearance.
F_:.. That all proposed structures, equionient and material shall be readily
accessible for fire and police protection.
Section 100-26/4. Matters to be Considered
In makin~l such determination, consideration shall also be c~ioen, amonc~ other
thinc~ s. to:
The character of the existin(~ and probable development of uses in the
district and the peculiar suitability of suctl clistnct for the location of
any of such permitted uses.
The conservation of proberty values and the encouraqement of the most
appropriate uses of lanct.
The effect that the location of the procosed use and the location that
entrances anO exits may have upon th~ creation or unoue ~ncrease of
vehicular traffic conc}estion an oublic streets, hic. lhways, or sidewalks
to assure the public safety.
The availability bi adequate and prober public or private water sup_ply
an~3 facilities for the treatment, removal dr discharc~e of sewaqe, refuse
or other effluent (whether liquid', solid, c~aseous or ot~erwlsel that
may be causeo or created oy or as a result of tne use.
E~ Whether the use or the materials incidental thereto or produced thereby
rna? c~lve off oDnox bus c~ases. Odors. smoke or soot.
F._:.. Whether the use will cause disturbinc~ emissions of electrical discharges,
G_~.. Whether the.operation in pursuance of the use will cause undue interference
with tl3e orderty enioyment by'the cubic of ~arkincj or of recreational
facilities, if existin~ 'or if proposed' by the town or by other comoetent
~tovernmental acjencies.
The necessity for bituminous-surfaced space for purposes of off-street
par~in~ ~ vemc:es[ncidentat to ~ne use, an~ wnet~er su~ ~oace ~5
reasonably aGequa:e ,an~ aporoor~ate and can ~e fUrnishe~by :~e owner
~ the otb: souQht to be used ~i. Chin or adiacent to the plo[t where~n
t~e use s~all De Ioca:e~.
I. Whether a hazard to life. limb or prooerty because, of fire. flood, erosion
-- or conic may be created bv reason o~ or as a result of the use or
trte structures to be used therefor, or by the maccesslbdit¥ bt the property
or structures thereon for the convenient entry and ooerati~n of fir~
of ~ersons uoon 5ucn
ov~rcrow~in~ o~ land or unou~ concentra(,on
Wh~lh~r the pIo~ area is sufficient, app~ooriate and adeQuale for
L. Whether t~e use to be opera~eo is unreasonably near Io a church.
theater, recreational ar&~S or oth~~ place of public assembly,
Whether the site. of the p~r~oz~,;~,.,.e~s~;J3arti~:ular ¥. suitab e for such
453
Whether adeauate buffer ~/ards and screening can and wilt be provided
to orotect adjacent prooerties and land uses from possible detrimental
impacts of the proposec~ use.
O. Whether adec~uate provision can and will be made for the collection and
disposal of storm water ·runoff, sewac~e, refuse, and other iic{uid, solid
or gaseous waste which the propos~l use will generate.
P. Whether the natural characteristics of the site are such that the prooosed
~ ~se may de n~roaucea there without undue disturbance or o[sruot~on
of important natural features, systems or processes, and without' risk
~.fpoilution; to groundwater and surface Waters on and off the site
Section 100-265. Additional conditions and safec~uards.
In decidincj on any aopiication for a sc3ecial exceotlon use the board havinq
jurisdiction thereo¥ may [moose such. conditions and safeauards as it deems
necessa~'¥ or aooroor[a'te to preserve ancl oretect the so~r[t and the oolecnve~,
of this chapter'.' '
Article Xll, as renumber.ed Article XXVII is hereby amended to read as follows:
ARTICLE [XII] XXVll
Board of Appeals
Section [ 100- 1201 100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five {5)
members, as provided by Town Law.
Section [100-1211 100-271. Powe~'s and duties.
In addition tO such powers as may be'conferred upon it by law, the Board
of Appeals shall have the following powers:
A. Appeals. To hear and decide appeals from and review any order.
requirement, decision or determination made by the Building nspector.
Variances. Where there are practical difficulties or unnecessary hardship;
in the way of carrying out the strict totter 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 chaoter shall be observed, public
safety and welfare secured and substantial justice done.
Co
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. [sublect. however, to the following:
(1) Before such approval shall be given, the Board of Aopeais shall
determine:
[a) That the use will not prevent the orderly and reasonable use
· df adjacent properties ar of properties in adjacent use dis[riots.
(b)
That the use will not prevent the orderly, and reasonaote use
of permitted or legally establishec~ uses in the district wherein
the proposed use is to be located, or of permitted or legally
established uses in adjacent u;-~ districts.
(c)
That the safety, 'the health, 'the welfare, the comfort, the
convenience or the order of the town will nat be adversely
affected by the proposed use and its Iocauon.
(d) That the use will be in harmony with and promote the general
purposes and intent of this chapter.
(2)
In making SUCh determination the Board of Appeals sba I also
give consideration, among other things, Id:
fa} The character o~T~{~e existing and probable d~elopment of
uses in tl3e district and the peculiar suitability of such dis[rlct
for the tocatmon of any of such permitted uses.
(b) The conservation of property va ues and the encouragement
of the most appropriate uses of lena.
(c)
The effect that the location of the prouosed use may have
u~on the Creation or undue increase of vemcular tra[fic
congestion on pubJic streets or highways.
(d)
The availability of adequate and proper public or private
water supply and facilities for the treatment, removal or
discharge of sewage, refuse or other effluent [whether
liquid, solid, gaseous or otherwise} that may be caused or
created by or as a result of the use.
454 NOVEMBER 1, 1988
Whether the use or the materials incidental thereto or produced
thereby may giv~off obnoxious gases, o~3ors, smoke or soot.
(f) Whether the use will cause disturbing 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 ct if
proposed by ,the town or b~ other COmpetent goverr~mental
agencies.
used within or adjacent to the plot wherein the use shall be
Iocateo.
Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason 0f or aa
a result of the use, or by the structures to be used therefor,
or by the Inaccessibility of the property or strum'lures thereon
for the convenient entry and operation of fire and other
emergency apparatus, or by the undue concentration or
assemblage of persons upon such plot.
Iii
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 adequate
for the use and the reasonably anticipated operation anc~
expansion thereof.
Whether the use to be operated 'is reasonably near to a church,
school, theater, recreational area or other place of public
assembly. ]
Interpretations. On appeat from an order, decision.or determination
of an administrative officer, or on .request of any town officer, board
or agency, to decide any of the ,following:
Determine the meaning of any provision in this chaoter or of 3ny
condition or requirement specified or made unoer the provis'Jons
of this chapter.
?
Determine the exact Ioc~ion of any district boundar,y, shown on
the Building Zone M~p.
Section J 100 1221 100 272. Additional conditions and-~afeguarc[s.
In deciding any matter before it, the Board of Appeals may impose suci~
conditions and safeguarc3s as it deems necessary or appropriate-to preserve
and protect tlqe spirit and the objectives of this chapter.
Section [100-123] 100-273. Rules of conctuct and procedure.
The Board of Appeals shall, consistent with the law, determine its own rules
of conduct and procedure.
Section [I00-12~] 100-27~. Fees
All applications to the Board of Aooeals' for any relief herein shatl be
accompanied by a fee of one hundred fifty dollars ($150.~.
Section [100-1251 100-275. Notice of hearing.
In all cases where the Board of Appeals is reouired to hold a public
hearing, ~n addition to the notice of such hearing required by law, a
written notice containing the following information shall be sent 13y the
person petitioning such Board, or his agent, by either certified or
registered mail, to every owner of property immediately adiacent
thereto. In the event that any petitioner owns or has any interest ~n
any property immediately adiacent to the property which is the sul~iect
of such petition, then-Written notice' shall aisc be given to the owners
of the property adjacent to suc~ other property of the p&titioner. For
the purpose, of this ~ection, the words "owner" or "property owner"
mean the owner 'as shown on the current assessment roil of the Town
of Southold. The notice required' by this section shall he mailed by the
petitioner, or his agent, within five (S) days preceding the filing of '
the petition in the Town Cier~s office. Prcx~f of mailing of such notices
in the form of a sworn statement shall be filed, wit,~ the Town Clerk at
the time of filing of the petition. Such notice shall contain the following
informa lion.
A statement that the petitioner proDoses to appi'T to the Board
of Appeals of the Town 0fiSouthoid for a variance, soeciai exception,
special permit or other specified relief, as trle caae may be.
(2] A description sufficient to identify the property which is the
sur~ject of the petition.
(3] The.zone district ctassificatio~ of such property.
(4) A detailed statement of the relief sought by the petitioner.
NOVEMBER 1, 1988 4 5 5
The provisions of Uqe zoni~tg la~ ~opl~cable to the relief sought
by the pet~ti0ner. : ~'- ' ~ ~* ~;'~: ~':
(6) A statement'that wtthj~ five (5) oays such petition will ~e filed in the
Southol~ Town C)erk~s off~ca. Main Roa~, Southold, New York,
an~ may t~en be examine~ ~urJng regular office
(71 A statement that a public hearing with resoect to such petition
must be ~eld by the Board of Appeals of the Town of Southold
before the relief sought can be grante~; that the per.on to WhOm
the notice is addressed, or his representative, has t~e right to
apoear an~ be hearo at such hearing; an~ that a notice o~ such
than five tS) days p~or to such public hearing..
In lieu of com~lyin0 with the provisJon~ of ~his section, written
Failure :o comoly with the o~ow~ions ~f this s~tion shall not
the validity of any ac:ion taken dy t~e ~oar~ o( Appeats.
30. Article X lV, as renumber.ed Article XXVIII is hereby amended to read as
follows:
ARTICLE [XIV~ XXVIII
Administration and Enforcement
Section [100-1401 100-280. Administrative and enforcing officer.
A. 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
enforce the provisions of this chapter and of all rules, conditions and -
re~uirements adopted, or specified pursuant thereto.
B. The Building Inspector and/or his assistant and deputy building
inspectors shatl have such r~g~ 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 buildin~l permits and pl~'r~s
~ubmitted therewith and fc~r certificates of occuoancv and recorOs of
all buildin~ permits and certificates of occuoanc'¥ ~ssueo ay him. which
files and records snail be eden to puoiic in~oec[ion eno ta berretta SUCh
other acts necessar~ for th~ enforcement of'this cnaoter as ~s conferren
upon them dy ~aw.
C. Said Buildin~ Insoector shall keep a record of every /dent/f/ab e comolainr
of a violation of a'nv of the provisions of this cheerer and of the action
taken on eac~ suct~ comoiaint, which records shall be oublic retort%
He shall report to the T'own Board. at ~ntervais of not creater than
three (3) months, summar~z~no for the period since his 'orevious reoorT
all building permi[s and certificates of occuoanc¥ ~ssue~ ov n~m eno
ail comoia~n~s-of wolauons and the action taken dy him thereon.
O._: The Build/no Insoec:or shall make the necessary insoections for tho
purpose of ascerta~mno wnetner or not existinc~ conc~tions comely with
the 0revisions of this chapter.
E_z.. At the r~ouest of the Town Board. the Buildinc~ Insoector shall insoect
any premises for tt~e our~ose of ascerta~nmc~ whether or no[ ex~s:~nn
conchtions comply w~ti:l tY~e orov~s~ons of thi~ c~aot~r an~ fader:.
~i[In~, [o said 8oard the results o~ his findings.
F. At the request of the Ptannina Board. the Buildin~ Inspector shall
rewew s~te o~an applications for como/lance w~th [n~s chaD[er and
requirements established m the oresuDm~ss~on conterence.
S~tion [1O0-1ql] 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
to the Building Inspector. No building permit shall be issued unless the
propos~ construction or use is in full conformity with all the prowsions
of this chapter and the provisions of all other applicable laws' ordinances,
rules and regulatons. Any bui~ding permtt issued in viola[~on of the urowsions
of :his cheerer shall be null and voi~ and of no effect withou~ [he necessity
for any proceed rigs, revocations or nullification thereof; and any work
underta~e~or use established Pursuant to the ~ssuance of a permit
wo~a[ion of the2revisions' ' s of this chapter s~all be l'nvalid.
A. Applications. Every application for a buiiding permit shall contain the
¢ollo~ing information a~d be accompanied by t~e required fee and a
plot plan drawn [o sca~e and signed b~ the person respoz~sible for each
drawing. If no such p.lot plan is available, a survey is required,
prepared bY a licensed engineer or land surveyor.
If the Building Inspector deems it necessary the[ plans and specifications
be e~mined to ascertain if the proposed building will comply with applicable
building construction, housing and fire codes, he may require that plans
and specifications be ~iled with [he building permit application.
The actual shape, dimensions. ~adli. angles and area of the lot
which the building is proposed :o De erected, or o~ the lot on which
i[ is situated if an existing building, except in the case of the
alterations of a building which do not affect the exterior thereof.
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.
The dimensions of ail yards in relation to the subject buid ng, and
the distances between such building and any oth~:r existing buildings
on the same lot and aaiacent lots.
{5) The existing and intended use of a I buildings, ~xisting or proposed,
the use Of land and the hUStler of dwelling units the building is
deSidhed to accommodate; and :theneceSsar tom
- . . ¥ outatlons to
establish conformity tO'the bulk and density re~,ulations, r
(61 Such topographic or other information with regard to the building,
the lot or neighboring JOts; as may be necessary to determine that
the proposed constructJ0n will conform to the p~'ovisions of this
chapter.
No building permit shall be issued for' the construction or alteration of any
building uoon a lot without access to a street or highway as grovided oy
Section 280-a of the Town Law.
Co
No building permit shall be issued for any building where the site plan of
such building is subiect to approval by the Planning Board, except 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 m permittea by special exception unless and until such approval has been
duly granted by the board havino iurisdlction thereof.
E. No building oermit shall be issued for any building until approval has been
recmvea from the Suffolk County'Oeoartment of Health Services for the
proposed water supply and sewage disposal system.
F. The building permit application anc~ all supporting documenter on shal be
made in triplicate, Upon t,~e issuanc~ Of a building permit the Building
Inspector shall return one copy of all filed documents to the applicant.
C. The Building Inspector shall, within ten (10) business days after the filing
of a complete and properly prepared application,' either issue or oeny a
building permit. If a.building, permit is denied, the Building Inspector shall
state in writing to the appiicant-~;l~;e reasons for such denial,' '
Ho
Every building permit shall exoire if the work authorized has not commencea
within 12 months afte.~.~he date of issuance, or has not been comoleteO w~thin
18 months from such date. If no zoning amenaments or other regulations
affecting the property have been enac:ecl ~n the mter~m, the Building
Insoector may authorize, in writing, the extension of the permtt for an
additional six montrts. Thereafter, a new permit shall be requ~reo,
I. As soon as the foundation of a building or of any addition to an exlstmg
building is completed, and before, first-story framing or wall construction
is begun, there shall be filed with the Bail'ling Inspector an accurate
survey, signed by the person responsible for said survey, showing the
exact Iocstion of such foundation, with respect to the street and property
lines of the lot. No further construction shall be performed until such
survey is approved by the Building Inspector.
Je
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 returned to the appli-
cant if the application is denied:
(al Single-family dwellings:
(I} New dwellings and additions to existing dwellings: fifty dollars
($50.) plus fifteen cents ($0. I5) for each square foot of floor
area in excess of eight hundred fifty (850} square feet.
(ii} Accessory bulldlng~ and additions and alterations to existing
accessory buildings: · twenty-five dollars (525. ] plus fifteen
cents ($0o 15} for each square foot of floor area m excess of
five hundred (500J square feet..
lb} Farm buildings and additions and alterations to existing farm buildings:
fifty dollars ($$0.} for eacJ~ building.
{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 (S0.20) for each
sc~uare foot of floor area ~n excess of one thousano (t.000} square
feet.
(ii} Accessory buildings and additions one alterations to existing
accessory buildings: twenty-five Oollars ($25.) p~us fifteen cents
tS0.1S} far each square foot of floor area in excess of five nun-
dred (500] square feet.
id} Foundations constructeo under existing buildings: seventy-five - oollars
(e) Swimming pools, together with required enclosure fencing: one hundrec
fifty dollars ($150.).
(f) All other structures (i.e., fences,' ~tc.) and additions and alterations
to suct~ structures: twenty-five dollars ($25.].
NOVEMELER 1, 1988
(gl $igns:~ The fee fo~'J~-~.~ ~c~p~t~signs permitted by
I be one del ar ($~;'00) ~r~lac~ square f~t of sign area, with a
minimum fee of twenty-five dollars (:$25.).
(hi Demolition and/or removal and/or collation of a~y building: ten
($10.) minimum one five c~ts (50.05) for each square foot
three hundree (3Q0) square ~eet of flor ar~a.
For the pur~se~ of thls'S~bsection J, cellars, d~ks. attac~ed garages
anG any ~abitabJe area 5-~;a~l be included in the calculation of flor area.
:.action ll00-1q2[ 100-282. Revocation of permmt.
The Building inspector may revoke a building permit theretofore issue(] aha
approved in the Following instances:
A.- Where he finds that there has been any raise statement or rn~srepresentat~on
as to a material fact~'[h the applicat]on, plan or speci/ical~ons of~ wmcn the
building permit was based.
Where he finds ~at the building permit was I~sued In error and should
not have been ]s~u~ In accordance with the applicable law.
C. Where he finds that the .wor~ performed unda~ the permit is not ~ing
prosecut~ In accordance with the provisions of the application, plans
or specifi~tlons.
D. Where the person to wh~ a building permit has been Issued fails
or refu~es to comply with a ~top or, er Jssuea by the Building Inspector.
Sect/on [ 100L143. ] 100-'28~ 5top or,ers....:'.::' ·
Whenever the Building ]~sDe¢tor ha~ reasonable grounds to betleve that
provisions o~ the applicable law, ordinances or.regulations, or not In
conformity with the provisions of an ap~llcatlon, plans oe sp~ifications ·
. on t~e basis of whtc~ a building permit wa~ Issued, or In an unsafe aha
aangerous manner, he shall notify the owner of t~e property, or t~e
.owneras agent or the person perfomin~ the wor~, to suspend ail building
activities until :he stem order has been rescinded. Such or,er an~ notice
shall be in writing an~ shall state the conditions un~e~ which the work
may be resume~, and may be serve~ uoon a person :o whom ~t ~s dirtied
eithe~ by delivering it personally 'to him or by ~s:ing t~e ~me upon a
~nsoicuous portion of C~e building un.er const~c:Jon and sen~ing a copy
of the same by certifi~ mail.'
S~tion [ 300-1q~. ] 100- 28~.. Certif~c3tes of occupancy.
A, A certificate of occupancy shall be a~pHed fo~ from'the Building
Inspector an~ i.t s~a[l be un~awfui to Qo any of the following until
a certificate o~ occupancy is issuea :herefor, to wit:
[ 1] Occupancy and useof a building er~:e~, ~onstructed, restore~,
s:ruc:uaiiy altere~ or move~, o~ an~ change ~n use of an existing
building.
C 2) Occupancy, use of a~y change in the use o~;any land.
( ~ An,/ change in use of a nonconforming use.
B. No certifl~te, of ~cuoanc~ shah be'issueQ ~or. the use of a building
or lands requiring a soecJaJ e~c~tjon ao~rova[ or soeciai
permit, or for any lan~ use recurring' ~ s~[e plan
approval by the Pl~ing ~rd, unless an~ unti[ such spec~at
exception o~ special permit approval or site pian 'approval has been
duly granted. Eve~ cartif~ccupancy for which a special
exceptton,.specJaJ peFmJt o~ site plan apo~ovaJ has been grante~.
or in conn~tJon with which a variance nas ~een granteQ by the ~oard
of ADDeaI$. shall Contain a detail~ statement of any condition to
whic~ t~e =ama l~
C. Appiic~tlon for a certffic~'~ of ~cuoanc,/ on a form f~rnished ov the
~u[Jdin~ Inspector for a new ~uiJ~Jng or for an ~x~sc~ng
building or pac-t thereof nas been completed i~ conformity w~th the
provision~ of this c~apte~, an~. in the Case of a new ouHding, shall
be accomoanied Oy an accurate plot Dian. or if not available, Dy a
the location of the buHoing as budt. Such certificate snail oe
within ten days altar receipt of the properly cOmoleted appiic;Hon.
provided that the application states that all requirements of ali other
applicable codes or ordinances in effect are c~mpJ[ed with.
D. I~ the proposed use is In conformity with the provisions of this chapter
and ail other applicable codes and ordinances, a certificate of ~cupanc7
for the use of vacant land or fo~ a change of use or a nonconforming
use shall be issue~ by the Building Inspecto~ within ten days after
recempt of a properly completed application. If a certificate of
occuoancy Is denied, the Building Inspector s~all state the reasons
therefor in writing to the applicant.
E. Eve~ application fo~ a certificate of occupancy or a tem~rary
certificate of occupancy shall be accompani~ by the fee herein-
afte~ specifiC. Cootes of s~h certificate wil) be Issue~ upon the
payment of the fee hereinafter
F. A certificate of occupancy shall be deemed to authorize and ~s required
for both initial occupancy and use o~ the building or lan~ to w~icn
it
457
458
C, Upon written request and upon payment of the fee hereinafter
specified, the Building lnspecte¥ shall, after Inspection, issue
a certificate of occupancy for.any building or use thereof or of
land existing at the time of the adootton of this chapter, or any
amenc~ments thereto, certifying such use and whether or not the
same and the building conform to the provisions of this chapter.
A record of all certificates of occupancy shall be keot in the office
of the Building Inspector, and coo~es shell be furnished on request
to any agency of the Town or to an~ persons having an interest in
tho building or [and affected'.
I. Certificate of occupancy, fees. The following fees shall be paid upon
the filing of an ac~oti'c~tion with the Building Inspector for a cert~fic.'te
of occupancy', which fees shall be- paid into the general fund if the
application is approved, or retucned tO the, applicant if the appiicatior
is denied:
(a) Business bui[dlngs and/or business uses and additions an,, al~erz-
lions thereto: fifty dollars (350.]-
(b) New dwellings and additions and alterations thereto: twenty-fi~°e
dollars
(c] AccessOry buiidlngs and additions and alterations thereto:
twenty-five dotJars [$25.
(d) Pre-existing dwellings: fifty dollars (~50.).
-- (e) Vacant land: twenty dollars ($20,).
[f} Updated certificates of occupancy b~ reason of a~itians or altera-
tions: fifty dollars
(gl Coole~ of certifl~tes'of occupancy issued five or less years a~o:
~v~ dollars
(h) Copies of certificates of occupancy issued' more than five years
ago'. ten dollars ($10.),
Section []00-145] 100-295. Penalties for offenses.
A. For each offense against ~ny of the provisions o~' this chapter or any
regulations made pursuant'ct-hereto or for failure to-comply with
written notice or orc3er of any Bui d ng nspector within 'tt~e time
fixed for ~m~liance t~erewith, t~e owner, occuoant,,.~uilder,
architect, contractor or thole agents or any other person
commits, takes '~rt or asslS[~ in the ~mmissJon of any such offense
or who s~all fall :o ~moly with a written or~ee or notice of
~uiidlng Inspec:or shall, u~n a first conviction t~ereof, be guilty
of a violation punishaOle by a fine of not exceeding five nunoreo
dollars ($500.J oe ay, imprisonment for a per~od not re excee~ fifteen
(15) days, or ~th. '~cn day on which such Violation shall occur
shall constitute a separate, additional offense. For a secon~
subsequent ~nvic:ion within eighteen (~8) months thereafter, such
per~n shall be guilty of a violation ~unl~able by a fine not excee~i. Og
one thousand five.hun~re~ dollars ($1,500,} oe by imprisonment for
a period not to exce~ ~fteen (15} days, or by both such fine
imorisonment,
Section [ 100-147] 100-286. Remedies.'.. -:
In case any building or structure Is er~t~, constructed, reconstructed,
alteree, repaired, converted oe maintained, or any building, structure
et land Is used. In violation of thl~ c~ptet or of any regulations ma~e
pursuant thereto, In ad~ltlon to other remedies provid~ by law. any
appropriate action oe proceeding, whether by legal process at otherwise.
may be instituted or t~ken to prevent such Unlawful er~0n, construction,
reconstruction, alteration, repair,conversion, maintenance oe use. or to
restrain, correct or aoate such violation, oe to prevent the occupancy of
said building, structure or land, or to prevent any legal act,
business or use in or a~out suc~ premises.
· , , .,..... ~!~.f,.~...o.:~. ,::. .
~1. Article XV. ts renumbered Article XXIX and S~ttons 100-150, 10~-151 an~
100-152 ther~f are renumber~ 100-290, 10Q-291 one I0~292 resp~:lvely.
. ......... ....
":~ .,....¥.~ ,....- ~,. .:.
32. Article XVt of C~apter 100, as'add~ by ~al Law No. I~, 1985, entitled
"A Local Law to'provide fo~ a Moratorium In cardin usa Districts" is hereOy
repealed. ...~,.. .-;, :. .,-- .-
32. Said C~aote~ 100 ~s hereby amend~ by add nga new Article thereto to be
Article XXX to provide as follows: .:~- -.,,~ ~.~...:'.~;-- -
' ART1C~E XXX '--
Severab[l[tv
Section 100-300. Sere?ability.-
Should any section or orovtston of this cheater be decided ~3v the courts
34. This Local Law shall take effect upon Its filing with the Secretary of State.
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olive,
Councilman Penny. Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
NOVEMBER 1, 1988
SUPERVISOR MURPHY: I'd like a resolution to recess now to
hold a public hearing that's scheduled for 8' 00 o'clock.
Moved by Councilwoman Oliva,'~seconded by Justice Edwards~ it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose
oca law in Relation to Zoning".
of holdin~ a pub c hearin~ on a Proposed "L 1
Vote of the Town Board: ~A~es: Couocilwo._m.~n' Larsen-, (~ouncilwoman Ol~-~va,
'C---~-~nc~-man Penny, J'ustice-'Edw-~-r~ds~- Super~wisor Murphy.
This-resolUtiOn was declare~i dUIy ADOPTED
Meet~nq reconveried at'8:15 P.M.
459
SUPERVISOR MURPHY: Resolution 25 is a decision on this proposed "Local
Law in Relation to Zoning". i don't think it will even be presented. No
one would like to make a resolution? (No response.) Number 26 is
a contribution towards a proposed trash disposal system plan. I offer that
resolution. This is a joint effort with a private foundation, Queens College,
Suffolk County, and tl~e ten~ T~wns. We've going to contribute a $1,000.~0
as a Ioca! share, and hopefully some good will come, mainly in the areas
of recycling. I offer that resolation.
26.-Moved by Supervisor Murphy, seconded by Councilwoman Oiiva,
WHEREAS, the Town Board has been presented with a proposed trash diposal
system plan designed by the Center for the Biology of Natural Systems
at Queens College; and
WHEREAS, the Town Board has been requested, to help fund a study by
the group which would analyze the present trash disposal situation and
evaluate option ways of improving it; and
WHEREAS, the .group. has been awarded a grant of $50;000 by the Veatch
Program of the North Shore Unitarian Universalist ChurCh to do the study
with the addtional off,er of matching funds of $1.00 for every $2.00 the
community contributes; and
WHEREAS, the Town of Southold has been requested to contribute $1,000.00
toward said study; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby approves
the expenditure of $1,000 '~or said proposed study, said amount to be paid
I~rom A8160.4 (Refuse & Garbaga).
26.-Vote of the Town Board: Ayes; Councilwoman Larsen, Councilwo~an Oliva,
C~uncilman P~nn¥, Justice Edwards, ~upervisor Murphy.
This resolution was declared duly ADOPTEig.
SUPERVISOR MURPHY: Number 27 is to set a park and playground fee.
27.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby determines
the amount of $44,376.00 shall be deposited with the Town in lieu of land
for Park and Playcjround purposes by the owners of Chardonna¥ Woods
major sudivision, located on the south side of Sound View Avenue and north
side of Old North Road, Southold, New York.
27.-Vote of the ToWn Board: Ayes: Councilwoman Larsen, Councilwoman Oliva~
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is a resolution to create a Bay Constable
position and call for the Civil Service list. I offer that resolution.
28.-Moved by Supervisor Murphy, seconded by Councilwoman OI. iva,~it.~was
RESOI,VED that the Town Board of the Town of Southold hereby creates
the position of Bay Constable, sets a salary of $9.50 per hour, and authorizes .
and directs Supervisor Francis J. Murphy to request a local Suffolk County
Department of Civil Service Certification of Eligibles for said position.
28.-Vote of'the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is to create a Police $~rgeant position
and call for the Civil Service list. I offer that resolution
29.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the TOwn of Southold hereby creates
the position of Police Sergeant, sets a salary of $43,932.00 per annum,
and authorizes and directs Supervisor Francis J. Murphy to request a local
Suffolk County Department-of Civil Service Certification of Eligibles for
said position.
29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny; Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
4 6:0
SUPERVISOR MURPHY: Number 30 is to create a Publ. ic Safety Dispatcher I
position and call for the Civil Service list. I offer that resolution.
30.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the TOwn B~)ard 0f the. Town of S0uth01d hereby (~reates
.the position of Pubic I , sets-asal.arYif $17,404.62 per
annum, and aUthOrizes and directs - ~ciSJ. Murphy to re(~uest
a local Suffolk County Department o ; Certification Of Eligibles
for said position.
30.-Vote of the Town Board: Ayes: Councilwoman /arsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy.
Thi~ r~;nl,~tinn w;~¢: d¢clared rh~lv ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared and added-on agenda.
At' this time I'd like to ask any Town Board members if they have any further
comments. Ray?
JUSTICE EDWARDS: The only comment i have, Frank, is that this article
that was printed from the New York Times, October 23, 1988, on the economics
of waste prices. There's one paragraph in there. Incineration . is non~
existent in this country. As recent!y as early 1970's,it's becoming more
common about 100 incinerators now operate in the United States, mostly
in the northeast. There are plans te build 76 more, at least a halt dozen
companies now offer resource recovery plans. I think this is a very good
article for people to get some ideas on, on how to go with incineration.
We're trying to do it on the island, and having some, estimates over there...
...with the Fishers Island Conservancy and so forth, and witl3 the Town
going into composting, of course, this is an alternate. I think ~it's very
inportant that we keep -this. in back of our mind, in case the DEC does -
not approve the composting program that we're going in for. That's it,
Frank. Thank you.
SUPERVISOR MURPHY: Thank you. Ellen?
COUNCILWOMAN LARSEN: Nothing.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: No, thank you.
SUPERVISOR MURPHY: Ruth?
COUNCILWOMAN OLIVA: No, thank you, Frank.
SUPERVISOR MURPHY: At this time, I-would like to ask anyone in the
audience who would 'like to address'the Town Board? Martin?
MARTIN SIDOR: I'm Martin Sidor. I feel like I've been on a run all day
today. As the viewpoint of the Water Advisory Committee, first of all,
I felt that I should speak tonight. I felt that I was shortchanged. I found
out what was happening today..what was going on today at the Town Board
last night, and planned to ...... for the business day, and I had no recourse,
and I wish ! had been involved this morning, so I just think that maybe,
I can give you my viewpoints. Being on this now for a couple of month~,
I think we've lost a little, going off track here a little bit, and we've followed
this one line of thought. What I think we're presenting, is.something very
similar to what took place through the course of the winter, and I foresee
as a split, an alienation between the people involved in this watershed and
outside this watershed. And ! think that it would not suit well for the
Town. First, of all, I think .you have to tone it down. I don't know why
we got into this, this overkill, or this, such a dramatic answer to this
question of water quality. Maybe, because we havenft done anything for
such a long time, now we're in the middle of somewhere along this line.
We've been down here for so long, we've been gone and rebounded above
and beyond what's possibly needed. I think somewhere inl the middle
we can keep everybody happy, and still provide plenty, ofl;~ood quality
water for people in Southold Town. The plan that was proposed, I believe,
is taken as important base within the TDR's. The little bit that i known
of this I don't think its such a proven quanity, to take such a big step,
and base it on something that I think that theres going to questions to
be answered there. I know places'in New England where it has.worked.
And ! know place down south in Maryland, I know of one county, and a
friend had told me someplace in Virginia, they failed miserably. !' think
there's studying, more on that line. As far as a farming point of view
the storage of fertilizers and pesticides, as a farmer, and l'm too small
and all farms are too small to store any great amounts on there own. The,
financial and space does not provide that. Just depending on our use,
to buy that when we need that. That they are als~) unde~ regulations from
the DEC and in time wl~e~3 the~,.,r"es~S~l;i~w~l;~,..shift-~back to the farmer.
We'll be responsible fo~ X-amOunt ~f to~s ~"~ertilizer ~nd we'll have to
store that, because we'll use that x amount of pounds or gallons of insecti-
cides. We will have to store that in our premise. So, maybe what looks
like not much of a problem now fora particular farmer, i can see within
a short period of time becoming one big problem, and it has not been answered
I don't believe. That's :something I believe, Mr. Santos, was supposed
to make one of the meetings, which hasnlt taken place ~et, and he'll be
welcome, i have down here, though i'm jumping around a bit, they mentioned
education, and sitting on the Board of Education and' looking it up one .'
time to n~ake sure education is open-minded, take a:ll tacets, with viewpoints
from all-sides, and I wonder if that's going right now. I 'was, ,one evening,
finishing up, trying to spray on a columbine thinking over the PC on Main
Road and Locust Avenue, and approximately 500 feet from the Main Road.
A young woman was ,walking a dog down the road, and I guess she thought
Darth Vader, or the skull and crossbone individual coming down the road,
and it was really, l felt like getting off the tractor, running down the road,
and shaking the person, saying what is the matter with you? I'm not indis-
criminately killing 'bugs and humans and anything that lies in my path.
She literally jumped i~ front of the roller. One car swerved off to miss
her. She forgot her dog; The dog barely missed being hit. She then
remembered in the middle of the road, yes, that's my dog on the other
side of the road. She went back, retrieved her dog, again got stuck in
the middle, of the road, and like I said, I watched this, and I said, "There's
something ~wrong .here". So when we speak of education, it has be that
from both viewpoints. The lady I think just saw me coming down with,
that would have been, I think, a pleasure, if she was nicked or hit, then
have me come near her, and I think a lot of people feel that way. It has
to be addressed a little more openminded. I spoke to people from farm
production FHA and we talked about whether u~oning or transfer develop-
ment rights, although we have not borrowed .money, and don't know will
in the future,but if I was just asked pointblank when the farmer comes
to your office and asks for x amount of dollars to farm for that coming
season, what would you base it on, and the first thing that come up was
the value of your land, and that was zoning. I ask the individual would
he, please, write something for me or come and speak for me, and he would
not, He's not going to get into that, So that is an important issue here.
I don't know what farmers go out and borrow money. 'lhat's their personal
business. It is an important, and again, not an address. There's been
several here, and the other thing, !'11 get back to where I started off with.
The personal viewpoint. It's the psychologyaf telling a person, that this
is what we're going to do, and this, this, and .that, and naturally this
creates a conflict or dilenma, and that person's going to have his back
raised, and he's going to fight. I think what we have to do in this Town,
I think there is a way of providing good water. We're going to have to
get together, and not try and just ramrod some kind of proposal or plan,
and get a little bit more imput and more, not what we were into last winter.
if that happens again, it's going to be long time before the next one comes
around again. The next plan; So I think we're really looking, you know,
we're going to have to be in little bit more of peaceful co-existence, and
as I say, I just want to hear a few viewpoints on that, before change of
zoning. One quick thing here, before I get back. The Farmland Preserva-
tion, they sat here, one or two meetings ago, the individual that was
appointed was a retired school administrator. I would like in the future,
during the winter, when I have more time to be able to sit and talk with
you or anybody, and that we have to expand this. We have this Farmland
Preservation Program, and the saving of farmland, where the Town and
the County for a number of years now, and the number of farms have decreased.
There's something wrong. There's a hollow sounding term, farmland preserva-
tion. You're saving the land, but you're forgetting the individual that
works the land. What we have to have is some working individual farmers
to be ex~ended into this committee, and stay on the committee for more
than just saving of the farmland, but the particular problems of keeping
us in existence in Southold Town. It will do the Town a'~ell of a lot of
good in the future. I thank you.
461
SUPERVISOR MURPHY: Would you just comment on what you think of the
farmer's bill of rights.
MARTIN SIDOR: Farmer's bill of rights? You'll have to help me a little
bit. I'm not familar with that.
SUPERVISOR MURPHY: To notify a prospective buyer. Similar to the situation
that you were talking about. Spraying, irrigating, driving the tractor
at five in the morning ....
MARTIN SIDOR: Is th~at now with the ag. district?
46 2
NOVEMBER 1, 1988
COUNCILWOMAN OLIVA: No. Actually I just spoke to Rob Pike. He is
introducing the bill of rights in conjunction' with his whole ag. program.
Now the last meeting we had, the Farmland Preservation Program, we had
looked at a rough draft and I have a more completed copy, which I'm going
to pass to the Farmland Preservation Committee, because~we thought iust
having the bill of rights itself, was a very good idea, '~nd notifying, so
when people say they want the rural atmosphere, and once they get there
and see you spra¥ing~hey have a darn fit, that, 'this way they really know
what they're in for ~f '(hey but something next to a ~armland.;~ And it's
your right to do such a thing.
SUPERVISOR MURPHY: Also to protect the other persons rights, too. The
abuse of chemicals, fertilizer, water, that type of stuff.
MARTIN SIDOR: I believe as far as the spraying goes next year, we'll
will be mandated to put signs in fields, twenty-four hours in advance of
spraying, so there will be something. I think you spray in the morning
by six o'clo~:k, ~they have to be out by six that previous evening. So there
will be, I think next year, some changes on the spraying, and I think
that has been watered down, but I think that may come back again, within
five hundred feet of homes, and buildings, so, again, it will bi regulate~l
as far as that goes. As far as the bill of rights, I don't know where they
come from. I would like to see some local farmers, just sit down and talk.
I'd go out of my way to find the farmers. ! think it's going to rough to
find the farmers. I talked to one young individual who said he's going
to put in a farm. Now's a tough time.
COUNCILWOMAN OLIVA: Marty, you know Bob Villa's also the Chairman
of the Farmland Preservation Program. Perhaps you should speak to him
and we can get a meeting together, with' the farmers in the wintertime,
I think it would be a wonderful idea. I absolutely do.
MARTIN SIDOR: ! don't know how many. I might find two or three, i'm
looking for more. I'm looking to expand that. And keep the Committee
where it is, but ! think we're looking at it in a narrow point of view. There's
something wrong. You see what's going on, we're saving the land, but
the man who's worked that land, it's all hollow. We can get a few things
in there, and I don't know if it's major but, expand it and include the
size of land, so of the problems we're working at, I think would be a big
help.
COUNCILWOMAN OLIVA: I think your input 'as far as ali the new rules
and regs that you're being asked to do by the DEC and all this~ I think,
the greater communication we have among all of us, the better off we arel.
I think it would be an excellent idea. Let me know, or let Bob Villa know,
when the best time is to have something like that. It would be great.
MARTIN SIDOR: That:s why I bring that story up. I just wish'l could
have got off the tractor fast enough and sit her down and talk to her,
why. What happened. There's that attitude and it has to be changed
it we're going to be side by side.
SUPERVISOR MURPHY: Anyone else like to address the Town Board?
(No response.) Hearing none, a motion to adjourn is in order, and I'd
like to thank you brave souls for coming out here tonight in this weather.
in particular our TV cameraman, who does such a great job.
Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that this Town Board meeting be and hereby is adiourned at
8:30 P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OlivaL,
Councilman Penny, Justice Edwards., Supervisor Murphy. ¥
This resolution was declared duly ADOPTED.
~ Juaith T. Terry
Southold Town Clerl~