HomeMy WebLinkAboutTB-12/02/1986291
SOUTHOLD TOWN BOARD
DECEMBER 2, 19.86:
WORK SESSION
Present: Supervisor Frands J. Murphy, Justice Raymond W. Edwards, Councilman
Paul Stoutenburgh, Councilwoman Jean W. Cochran, Councilman George .L. Penny IV,
Town Clerk 'Judith T.' Terry, Superintendent of Highways Raymond L. Jacobs, Town
Attorney Robert W. Tasker. Absent: Councilman James A. Schondebare.
9:15 A.M. - Kenny's Beach Shoreline Erosion Control Committee report by Councilman
Penny concerning the results of their~November 20th meeting. The Committee recommend
that construction debris ~rip' rap be placed along the shoreline in' front of Kenny's Beach
for winter protection; make application to the 'Suffolk County Department of Public'Works
fordredging spoilage from ali County dredging sites in' Southold Town; application be
made to the DEC Flood Protection 'Bureau for a Studyof the Sound shore, area from Duck
Pond Point to_Ho~ton Point. Councilman Penny reviewed the provisions of NYS Law,
Chapter 535 which provides for a~funded study of this 'nature, the Town portion of
which would' be minimal (see resolution no. 15)'. Don Stanton, a member of the Kenny's
Beach Shoreline Erosion Control Committee, and' member of the Kenny's Beach Civic'-
Association, who.~was in'attendarice 'during this ~discussion, concurred with Councilman
Penny.. Supervisor Murphy expressed concern for the placement of construction debris
on the beach - this :would lead to closing the beach next year, as the sand cover will
wash away and the debris'Would be a hazard. Councilman Stoutenburgh expressed his
concern for the effectiveness of shoreline erosion control, as well as public opposition
to spending funds for thes projects.
· 9:45 A.M. - Police Chief H. Daniel~ Winters met with the Board to discuss a proposed
Local Law for the Regulation and Control of Alarm Systems in the Town of Southold.
There have been approximately 680 false alarms to date from systems in,tailed in'
residences and_business throughout the Town. There is a serious need to establish
standards and controls of the various types of alarms. The proposed law will be
referred to the Code Committee.
10:00 A.M. - Do9 Pound - The Board discussed the question of relocating the
Dog Pound to either the Landfill' area or an area no-.th.of its present site behind
PoJice Headquarters. Members of the North. Fork Animal Welfare League and 'residents
of the immediate area of the pound were present 'during the Board's discussion. Ted
Bruce of the League expressed his "opinion that to move the proposed new kennel
building further north would cost between $300.,000 to $400,000 because it would mean
starting the project from scratch. He suggested a more immediate solution would be
to go forward with the new kennel construction and allocate some of the $125,000 bond
money for the erection o'f a stockade fence around the entire kennel/administration area.
This would quietL.the dogs ,since they would be unable to sea activity outside of their'
area, and it Would safeguard the neighborhood as well. The question of the swinging
doors from the kennel area to the outside runs was discussed. With minor corrections
the doors could be secured f0~..the night~ keeping the dogs inside, again~-cutting down
on noise. Chief Winters, who attended this :discussion, stated that as soon as he drig~s
up to the area at 6:30 'A.M. the dogs come out into the runs and start barking. Two
neighbors, Adolph WestePlund and Bili:Wit~ke, testified that the past Saturday and
Sunday the howling was unbearable at 4:00 A.M. They don't feel the stockade fence
proposal is! the solution - the building must be moved. The Board agreed moving the
building would be totally unfeasible. Construction on the new kennel should begin
immediately, bids be sought for fencing, latches be placed on the swinging doors to
the runs, and a berm and shrubbery be constructed to muffle the sound. :
10:30 A.M. - Mr. and Mrs. Albert Krupski, :Jr. appeared before the Town Board
to d~etermine.whether a solution could be reached with respect to the erroneous
construction of_their'home partly 'within~ the area of their'farm where the Town
has purchased the development rights. The Board studied the survey locating the
new home partially on the development rights property. Mr. Krupski Said he is
292
DECEMBER 2, 1986
hoping there is an error in the survey and has requested a new one, but he is also
obtaining estimates for moving the house if the problem cannot be resolved. Town
Attorney Tasker reviewed the Agricultural Lands Preservation Law with the Board,
under which there is no provision for a Town Board waiver. Mr. Krupski has only
two options [1) move the house, or (2) submit 'the matter to the electors of the Town
for a mandatory referendum.to permit 'him to pu~_chase..back a portion of the property
to allow the house to remain in' its present location. Mr. Krupski advised the E~oard
that he does not wish to risk such a referendum; he will' await a new survey and
consider moving the house.--The Farmland Preservation Commitl~ee has discussed this'
problem, concurring with the abovementioned options. The have asked the Town
Board to take appropriate action to resol~,e~ the issue.
10:50 A.M. - For Discussion Items: (1) Superintendent of I~.ighways .Jacobs discuss~
with the Boa~rd~e~ved~r the removal of scrao paoer from the L-andfill~ fo~ !
fiscal year ~1987I. He recommended the bid:of B. P. Wr(~cker's be accepted [see resoi~on
no. 16).~ No bids were received for the removal of scrap metal. Mr. Jacobs will'
research what methods other towns are using for dispOsal of their metal and report
back to the Board. [2) Letter from Fishers Island Conservancy, Inc. concurring
with recent resolution of the Town Trustees proposing the initiation of a water study
of the unmapped Fishers Island aquifer. Supervisor Murphy said' he would talk to
John DeFilippi of ERM Northeast to determine how the would address such a study.
(3) & (4) Determination of amount to be deposited in lieu of land for park and play-
ground in'major subdivisions of Crowley Estates and Deborah D. Edson (see resolutions
no. 17 & 18). (5) Proposed public'hearing for the Local Law to amend.~the zoning
Code and Zoning map. CounGi. lmanStoutenburgh asked the Board to reconsider their
negative determination with respect to the amendments. He has discussed this'matter
with a legal person who feels a draft envir6nmental statement should be prepared to
protect the Town should the amendment be challenged in court. The Board will' con-
sider his proposal and discuss it 'further when Councilman Schondebare is present.
Later in the day the Board again ' discussed Councilman Stoutenburgh's proposal and
decided to go forward with the hearing on January 22nd. (see resolution no. 19).
(6)' Request of the Town Trustees for a pay increase for part-time Clerk Typist
Arleen Oliver - referred to the Wage & Policy Committ~ee. (7)' Set date for interviews
for Historian applicants - beginning at 3:00 P.M. on December 11th. (8) Request
of Albert Krupski for solution to his problem-with respect to the construction of his
home within' the development rights area - discussed with Mr. Krupski at 10:30 A.M.
'[9) Letter from the Cutchogue Library requesting that all libraries in Southold Tow~
be exempt from payment of the annual charge for Code supplements (see resolution
2o).
11:45 A.M. - Nelson Weidell, Eweson Corporation, manufacturer of the Eweson Digestor,
met with the Board to discuss the operation of this digestor. Board members Edwards,
StOutenbu~gh, Schondebare, Cochran, and Superintendent of Highways Jacobs recently
traveled to Big Sandy, Texas for a demonstration of the digestor in'operation there.
Mr. Weidell answer Board questions concerning the method of operation of the Texas
digestor and the partially completed one at Portage, Wisconsin. He has recently signed
a contract to construct a facility for the City of Brooksville, Florida. Eweson will'.only
contract for such a facility if:they can be the owner/operator. They wo~td charge a
fee to the Town and share composting revenues; the reject material' would be the
responsibility of the munici'palitY. He. gave an overview of the Ew~eson COmpany
organization, which comprises Vital Earch Resources, which is~50% owned by Eweson,
Bedminister Bio'Con~versdon - Eweson owns the patents, and Eweson Corp. - has the
licensed rights to sell the Eweson System. Mr. Weidell said~those three ~companies
will'merge within the next three months, and they are working with Megarian Co. for
further research funds. He presented an artist's rendering of a proposed facility
for Southold Town showing three digestors, .each would process 40 tons per day of
sold waste, and would require four full-time employees to run the system. He feels
there should be a very strong market, and great demand in this area for the compost
material which could be used-by vineyards, Sod farms, landscaping, in discussions
with the DEC he has determined that, the system is very attractive to the State and
with the.facility in~place the ~own should be able to keep their~Landfill open after
· 1'990. Within'four to six'weeks Mr. Weidell will'have a full-service proposal for the~
Board's consideration. !~.,.~
12:50 P.M. - Recess for lunch.
2:30 P.M. - Work Session reconvened and the Board met with Landmark Preservation
Commission members John Stack, Chairman, Ralph Williams, William Peters and Joy
Bear to review their proposed Historic ~ Preservation Ordinance. Former Councilman
Joseph Townsend, Jr., prim~ mover of the present Landmark Preservation Law, was
also in attendance during this 'discussion. The proposed new law would give the
Landmarks Commission the ri§hr to desi[Inate historical property.or districts, issue
Certificates of Appropriateness for alteration, demolitio~ or new construction affecting
landmarks or historic~districts, and the right to approve, deny or approve a building
permit with modifications, and hold public hearings with respect to same. The law
outlines hardship criteria and public hearings on a hardship application. There was
concern expressed by some Board members with respect to the stringency of the
DECEMBER 2, 1986 2 9'3
proposed law, and they decided to,refer¥it~o, the Code Committee who will invite
the Landmarks Commission and any other interested persons to meet with them when
it is 'revieWed. ~ ....
3:00 P.M. - Off Agenda discussion - Councilman ,°enny asked that the Board auth-
orize Superintendent of Highways Jacobs to apply to the NYS-DEC for a permit'to
stabilize the shoreline at Kenny's Beach (see resolution no. 21); request the Village
of Greenport to execute a letter of agreement to establish the hook-up rate to the
new sewer line on Seventh Street, Greenport, before the new 1987: rates are put
into place by the Village (see resolution no. 22); and to honor a prior agreement
of the Town to provide free hook-up to all homes on this new sewer line. The Board
felt this :should be studied further, but agreed free hook-up should be provided to
income eligible residents presently under' the Housing Rehabilitation Program (see
resolution no. 23). Authorize' the Town Clerk to advertise in' The. New York_ Times
for an Accountant ~see resolution n~. 2~).
4:00 P.M. - Audit of outstanding vouchers.
EXECUTIVE SESSION
4:20 P.M. Discussed possible purchase of property. PBA contract negotiations.
4:25 P.M. - Work Session recessed until 7:00 P.M. with. Councilman Schondebare present.
7.'00 P.M. - Work Session reconvened. Supervisor Murphy revieWed the proposals
of Holzmacher, McLendon & Murrell, P.C. and Lockwood, Kessler & Bartlett, Inc.
for engineering services to enable the Town to implement a resource recovery system.
Resolution No. 28, adopted November 18th, accepting the proposal of H2M did~not
include all the necessary items to implement the project, and it ~appears their:proposal
is much higher than LKB. The Board agreed to rescind that resolution (see resolution
no. 25) and invite both firms to meet with the Board during a Special Meeting to be
arranged within a week.----Councilman Penny questioned Supervisor Murphy about
the construction of an office building for the Scavenger Waste plant at Greenport.
Supervisor Murphy stated the 'building is :being built' by the Village and the cost will
be paid by the Southoid Wastewater District. Town Attorney Tasker informed him
that a resolution should be adopted-authorizi:ng the construction and specifying the
dollar amount (s~e Councilman Penny's resolution no. 27).
7:30 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meetin~ Of the Southold Town Board was held on Tuesday, December
2, 1986: 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:
Supervisor Francis'J. Murphy
Justice..~Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: Thank you. The first order of business is a resolution
approving the audit 'of the bills of December' 2nd.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the following audited bills.be and hereby are ordered paid~ General
Fund Whole Town bills in the amount of 434,560.45; General Fund Part Town bills
in the amount ~f $6,802.65; Highway Department bill~ in'the amount of $~19,331.17;
Fishers Island Ferry Districf bills in'the amount of $5,876'.95; Southold Wastewater
Disposal District bills in the amount of $8,897.12; Senior/Youth Center Capital
Account bills in'the amount of $5,002.85.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: N~ext a resolution approving the minutes of the regular
meeting of November 18th, 1986.
DECEMBER 2, 1986
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the minutes of the Regular Town Board Meetin,q held on I~ovember 18,
;1986: be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice. Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting'the next meeting date as
December 16th, '1986', 7:30 P.M., Southold Town Hall.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was
RESOLVED that the next Regular: Meeting of the Southold Town Board will: be held
at 7:30 P.M., Tuesday, December 16, 1986 at the Southold Town Hall, Main Road,
Southold, New York. '
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: The first item on the agenda is:Reports. The first three
are on file in-the Town Clerk!s Office for anyone to look at any time as are all
reports from all departments.
1. (a) Fishers Island Ferry District monthly report - September '1986.
1. (b) Fishers Island Ferry Distric~ monthly report- October 1986.
2. Town Clerk's monthly report- November '1986;
3. Highway Department's monthly report - October 1986:.
4. At this:time I would like to ask the Councilmen if~they have anything
special: to report, starting on my right with George Penny.
COUNCILMAN PENNY: Yes. On the :19th I attended a meeting of .t~e Labor Management
Committee. That's an on-going committee which deals with the CSE~A, and we try to
work out joint questions before they become problems. On the 19th a meeting of
Commerce and Industry. I believe Jean will: report on that. On the 20th the Kenny's
Beach Shoreline Erosion Control Committee had it~ first meeting. This is'a committee
set up with representatives of the local population here and the municipalities; ini:luding
the State and the County to deal with the severe erosion problems tha~ we have,
specifically at Kenny's .Beach, which is'a Town-owned beach, and the adjacent shore
line. We have some recommendations which will appear in the resolutions this
Ont he 21st I met with the Animal Welfare League to address the' Town Board response
to complaints from neighbors about the dogs b~arking at night, security and safety,
and health concerns. On the 25th I met again with members of the Animbl Welfare
League and the~Supervisor, with a further discussion on this and a-further meeting
happened today. On the 1st, that was last night, I attended a meeting of the Water
Advisory Committ'ee, of which Paul's the Chairman and will be reporting on. That's
all. Thank you.
SUPERVISOR MURPHY: Thank you, George. Jay?
COUNCILMAN SCHONDEBARE: Nothing, Frank.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Yes, that Water Advisory Committee'meeting we
had last night was most productive ! thought. What they're doing is reviewing all
the literature, and that's taking all the different studie~ that have been done and
bringing them in to try to take the best of all of it so they'll have a good working
background to start to function from.' From these they're going to go ahead and
take the map, which many of you have seen in our Board room down there, and
get overlays. These overlays are transparent sheets which will lay out the various
things, such as the one foot contours where our'water table is: It will:also have
the Temik areas in it so that we'll have one overlay for that. We'll have another
one for nitrates. So you can lay these on and see where the population is 'and how
it's affected by these various things. Along with that we'll have also a farmland
overlay, so we can then add on to those overlays with various things such as open
space, parklands, right-of~ways, and things of this sort. It will be a tremendous
tool I think that the Planning Board and the whole Town will' be able to utilize, and
this is what they're working on. That's about it~ Frank.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: Yes, on the 19th I did meet with the Commerce and
Industry Committee. It was more of an informational give and take. There are
sometimes that we have specifics to deal with and there are times when I try to
share with them, or Jay, ~ Jay is Chairman of the Committee, what is happening
DECEMBER 2, 1986 2 9 5
in' Town Hall and what's on the agenda, .They Here interested in the status of the
Master Plan and if the Planning l~ar~i p~oc~r~ had come down yet, and the Dog
Pound bids. So we try to fill'tl~em in on what's happening in' Town government.
Also yesterday morning I met briefly with 'Susan Fossett, our Recreatio~ Director.
She's been developing her programs for winter and spring, and she will~ be giving
each member of the Committee a copy of that in' the box. ! didh't feel it 'required
a meeting, and you've got it to review, and if'the Committee has any input she'd be
very happy to hear it. Also I'd like to share with you that I'm a new grandmother.
We have a new little Cochran, Emily Kate, 8 pounds, 9 ounces. All in all we had a
happy family and a happy Thanksgiving. Thank you.
SUPERVISOR MURPHY: Thank you, Jean.
JUSTICE EDWARDS: No wonder you were smiling when that baby was crying in
Town Hall today.
COUNCILWOMAN COCHRAN: Yes, it 'sounds good.
JUSTICE EDWARDS: Last week we had a drill with Millstone. It's an annual drill~
that FEMA has the towns within'the five mile range of Millstone go through once a
year. We had a representative from FEMA. A man flew in from Chicago to observe
our practices. Also a man from Northeast Utility came in~ I think we came out fairly
well in the drill~ We won't know for sure until 'it'S put in writing and when it~does,
of course the Town Board members will get a copy of it.~ With the nice weather ~¥e
had it ~was an extremely busy weekend on the Island. It was almost like Labor Day.
The boats were Shuttling people back and forth and for this time in November I've
never seen that many people on the Island. ~hey're coming earlier each year and
staying later. The Fishers Island Civic Association didn't have an official meeting,
but their Board members met to go over a response. They sent some questionnaires
out and they had 75 people respond on what things can be done to improve the quality
of life on the Island, and-of course it all boiled down to we need more housing over
there. They're talking about some tyPe of cottage industry that. could help the economy
of the Island in the wintertime. Of course there's no problem in'the summer, but. in
the winter it's kind of quite out there. I had a nice talk with Brad Burnham, who is'
the President of the Fishei~s Island Civic~Association and, of course, .the Civic~Assoc-
ial~ion now is getting behind the Garbage District over there and we're working with
Bob and the Town Board in separating our garbage problems with Southold's problems.
We pay for our own and we're helping to pay for Southotd and it'~ double taxation.
This past week we had some sidewalks poured on the Island. The CHIPS program.
There were quite a few sections of sidewalks that were put down back in the 30's,
I think, that were taken up and replaced, and we're thankful to Ray Jacobs for giving
that money to Fishers Island. On Friday evening my wifePand I were driving down
to New Haven to a wedding and listening to WBAZ, and they spoke of this historic
building on Fishers Island, the Pequot Inn, that was going up for auction on Saturday,
and Bob Tasker and Dave Spohn were both there at the auction. There were 150
people at least sitting around and watching and nobody put any bid'in on it. So
the people that own the Pequot Inn have to struggle through another winter and
we'll see what they'll do again' next spring. It's the only "watering hole" on the
Island it 'closed down after this weekend. So we'll just have to house hop for the
rest of the winter. And that's it, Frank.
SUPERVISOR MURPHY: I don't know what we're going to do when we go over there.
Thank you, Ray.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: Okay, moving on to the second item on our agenda is
Public,Notices. There's three of them.
1. U. S. Army Corps of Engineers, appli~tion of Bayview Development to
reconstruct bulkhead, place backfill'and fill at Conklin Point, Greenport. Written
comments to the Corps by December 15th, 1986.
2. U. S. Army Corps of Engineers, Regulatory Pro~ram, Reauthorization of
the Nationwide Permit, effective January 13~ 1987, the consolidated final rules .for
the administration of its regulatory program under the Rivers and Harbors Act of
t;8'99, the Clean Water Act and the Marine Protection, Research and Sanctuaries Act.
3. New York State Department of State, preparing to hold hearings on the
_S.i~nificant Coastal Fish and Wildlife Habitats in' Suffolk and Nassau Countie§ as part
of the prehearing probress the habitat documentation is available for public'review
in the Town Clerk's off~ce. Very interesting and Southold Town has 18 sites, I
believe, something like 18 sites. One of the most, and if'anyone's interest in read-
ing, and Paul, you would like to comment?
COUNCILMAN STOUTENBURGH: I iust want to make sure that a notice is'given
to the Trustees and the CAC that this meeting is going to be held.
TOWN CLERK TERRY: ! believe the Supervis0r's copy was given to the Trustees.
COUNCILMAN STOUTENBURGH: Let's remind them, because when I spoke to ilene
she didn't know_ .anything about it.' .~....
SUPERVISOR MURPHY: Okay, we'll check.
COUNCILMAN STOUTENBURGH: Make a double check on it.' They couldn't even
locate it. They drew it up so I think they should be there.
TOWN CLERK TERRY: l"ll'check into it.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: There's only one and it's a letter addressed'to Bessie
Swann and the Greenport Housing Alliance in regard to the review of the---Fl-6-~ng
Program, and they received excellent comments and the commendation that they were
doing an excellent job, as we all know.
IV. PUBLIC HEARINGS - Two hearings to begin'at 8:00 P.M. and 8:05 P.M.
V. RESOLU-EIONS.
SUPERVISOR MURPHY: We'll move on to item V on Resolutions, and I would just
like to state at this time if anyone would like to address the Board on a proposed
resolution, to make any comment. There will be a time after to address the Board
on any items that you care to address the Board on after the meeting. We would
ask that you just hold your comments to proposed resolutions tonight. Ruth, I see
you have your hand up.
RUTH OLIVA: This'is on Resolution No. :19 to set the public-hearing for the Master
Plan Update. We have been asking the Town Clerk's Office for a copy of the big
map that we were perfectly willing to pay for and we were told that it was coming
down from RPPW, then it 'was revised and had to be sent back up again, and we're
still waiting for one of these big maps so that we can take it home and work on it;
and I know the League is looking for it ~and there are several civic'associations that
are looking for it. Even if 'we get that back that's going to take a couple of weeks
to do that. Nobody's .going to be doing too much work between now and Chrisl~mas.
That gives us three weeks to prepare what I would hope to be some constructive
input into this 'Master Plan, and I just don't think that's enough time.
COUNCILMAN STOUTENBURGH: Three weeks?
MRS. OLIVA: Three weeks. If you .want to really get some experts, and we do,
to really go over it carefully. We haven't had those maps. The only time we could
do it is if 'we come in here to look at itl and we really need these things to take
home. I know they're not the final maps. We can destroy them after. We're
perfectly willing to pay for them, but we need them.
SUPERVISOR MURPHY: The maps are available and they have been available up
there, Ruth.
MRS. OLIVA: On the wall.
SUPERVISOR MURPHY: On the wall.
MRS. OLIVA: On the wall, but not---
SUPERVISOR MURPHY: We will'sell any maps that we do have with the additions,
or the changes, the minor changes that were made.
MRS. OLIVA: But, Frank, I don't want these litl~le pasted things. ! mean---we want
the full size map.
SUPERVISOR MURPHY: You can buy one of the big ones.
TOWN CLERK TERRY: Ruth, 1 brought this Up to the Board today, and they did
decide that they would sell'them. Now I just have to find out--and I will:tomorrow--
what it will cost us to purchase them and perhaps add~-some handling charge because
we had to have them Express Mailed to get here. Hopefully by the end of the da~/
tomorrow i'11 know and you can pick one up.
MRS. OLIVA: Okay. Good. But it doesn't really give us--that three week period--
between now and Christmas people just aren't doing that much, and it's a very short
notice and we really want to make some constructive input into it. We hope to have
some experts to come in here and testify, and I think it's a rather short period time
after you people and the Planning Board and RPPW have taken months going back and
forth and now you're just giving the public:three weeks, practically.
SUPERVISOR MURPHY: It's over a month.
DECEMBER 2, 1986
COUNCILWOMAN COCHRAN:
SUPERVISOR MURPHY:
It's long enough.' It's been available.
Okay. Anyone else like to comment? Ed?
297
On a resolution?
EDWARD SIEGMANN: On the same resolution. Let me ask a question first. That
map, when it's brought to the public; on the Carr property, what is it going to show
as far as the zoning for the Carr property?
SUPERVISOR MURPHY: The zoning that's on it 'right now.
MR. SIEGMANN: Then I'm talking again for the people who are concerned about
that project down there, and we're opposing the fact that this would be brought
to the public in'that fashion for the following reasons: Number one your first map
showed that that was a two acre zone. We haven't been able. to fin~! anyone~who
attended any of the meetings that were held in' the different towns that .got up and
spoke against the fact that they didn't want that zoned as two acre zOning. Now we
still feel that before you bring this to the public:that we have a right to. an answer
that says what changed that from, the first map to the following maps after that, that
changed it from a two acre zone to an HD Zone. Something happened someplace. We
like to believe it ~was a mistake, but if:we don't get an answer from' somebody it's hard
to believe that it was a mistake, and under those conditiOns we don't' feel that that map
should be brought to the public'and accepted.in that fashion, because if we can't change
it now, prior to the time that the map is accepted, we don't see 'much chance of chang-
ing it :after the map is accepted.
SUPERVISOR MURPHY: Thank you, Ed. Anyone else care to address the Board?
Norman?
NORMAN REILLY JR.: Supervisor, in reference to Resolution No. 10. Is there a
schedule of fees for the raising of the -building permits in each particular case that's
available to the public before the hearing.
TOWN CLERK TERRY: The proposed Local. Law Will be in the paper, Norm, and also
you can stop at my office tomorrow and get a copy of it. If you're here after the
meeting you can have a copy.
MR. REILLY: _Okay. And this will be discussed at that public'hearing?
SUPERVISOR MURPHY: Yes, definitely.
MR. REILLY: Okay. Thank you.
SUPERVISOR MURPHY: Anyone else care to speak?
JEAN TIEDKE: I thought Paul's comments about the overlays for groundwater were
very good and are long overdue. I would suggest that the same thing be done for
all our wetlands, our waterfront, the harbors, etcetera.
COUNCILMAN STOUTENBURGH: It will be done.
MRS. TIEDKE: It will: be? When?
COUNCILMAN STOUTENBURGH: It's a process that we have to work into, Jean.
In other words, once we get the overlays we can put anything we want on them.
MRS. TiEDKE: We're talking about Number 15, erosion problems around the shore-
line?
COUNCILMAN STOUTENBURGH: That's a different one.
MRS. TIEDKE: No, but I mean, this is a situation where overlays.would help, if
you had them already.
COUNCILMAN STOUTENBURGH: Yes, well, we don't have them already. As a
matter of fact we don't have the maps as yet. This is a way we're working, and
we should have that---it would be no problem to put in on there. It would be
no problem whatsoever.
MRS. TIEDKE: Okay, because I think overlays are perhaps the most signifi~:ant way
to approach maps.
COUNCILMAN STOUTENBURGH: That's correct.
SUPERVII'SORIMURPHY: These maps on the water and chemical contamination all had
been made and they were the property of Suffolk County Health Department, and for
some unknown reason they cannot locate them, so we're going to have to redo it.' We're
going to try to contact the County, one other department, and they might be there,
but the Health Department cannot locate the original maps and they were only one of a
DECEMBER 2, 1986
kind that showed this f~om the ERM Study, whi~:h was ~ report given to the'Town. We
would like to get- our own copies and that's what we're working on. -Any:. other comment~.
on any of the resolutions? .....
GEORGE CAPON: My name is George Capon. I'm representing the people on Seventh
Street, on the Seventh Street Sewer. I'd like to ask about this here agenda on Number
22 and Number 23. Can anyone help me, please?
SUPERVISOR MURPHY: What do you want, George?
MR. CAPON: What is the letter that's .going to be sent. to the Village on this'here
hook-up fee? What is that all about?
m a
SUPERVISOR MURPHY: So that if:they raise the fees before any agreements are , ~l
that we're in at_the present fee level, not at the increased level, as happened at th6~,,~.JI
one time where they raised the fees after the construction had started.
COUNCILMAN STOUTENBURGH: That's what w_e're asking. That doesn't mean ....
SUPERVISOR MURPHY: We're asking. We're asldng for an agreement. It's up to the '
Village of Greenport to agree to it.~ It's not up to us to tell them to agree to it.'
MR. CAPON: All right. On the Number 23 now.
SUPERVISOR MURPHY: Number 23 is to offer to any eligible residents on that sewer
district line, who are income eligible, that under Community Development, under the
Housing Rehabilitation part of the grant, will be paid for in' full if'they're inbome
eligible for the cost of the hook-up to Greenport, the cost' of the installation of the
line from the property line to the house, and the hook-up into the house. And this
would then become a lieh:on the property for a period of time, which inca short period
of time would be written off, as long as the same owner lives in:it.
MR. CAPON: And how about the people that is not qualified for this? Can anything
be done to help them?
SUPERVISOR MURPHY: That we're going to try to identify and find out how many
people, if:any, are not qualified for this program.
MR. CAPON: I have, from the people that James McMahon--I talked to him-~roughly
about five weeks ago, and I went and seen all families but two, and I couldn't get
ahold of them because they don't Jive there. They come out weekends, and I'm pretty
sure that they are not qualified for this here, and out of the 14 families there's six
families is qualified for this here grant. So I talked to Mr. McMahon about this here,
as I said, about five weeks ago, and he told me, and I think he told a couple others
of the Town Board members that it come out to roughly to 14 families--come out to
$35,980 paid to the Village. Six families which would come to $15,420, which would
be paid for from that Community fund, from the Iow income. Which leaves $20,560
short of the people that is 'not qualified. So I spoke to McMahon about it.: He said,
"Well,~' he said, "1 have money in my budget to take care of you people that is not
qualified on this here grant." So we talked to Mayor Hubbard three weeks ago on a
Monday night. The following Thursday the Village Board had a meeting.. They passed
it saying that they would let the Town pay it 'off in ten years of the people that is not
qualified, at no interest, which would come out to $2,056, and Jim' McMahon told me,
and he told several other Town Board members that he would have enough money in'
his budget for ten years to pay that $2,056, and the thing was that he said:that he
thought it was the Town's fault for not signing the contract, and it Shouldn't be up
to the people to pay for that there, because this Town should of had a contract signed
before the fee was charged to the Village, and we wouldn't and the Town wouldn't be
in this'problem now. And ! have quite a few of the families right here now, and ~
think, myself, that the Town should do something about it.
SUPERVISOR MURPHY: Thank you. We're trying to. Anyone else like to address
the Town Board on a resolution7
COUNCILMAN PENNY: Frank, may I just say something to George? George, I agree
with you. That was my understanding also.
SUPERVISOR MURPHY: Anyone else like to address the Town Board? (No response.)
Okay, moving on to the first resolution. A transfer of a part-time Clerk Typist.
1. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that_the Town Board of the Town of Southold hereby tr'ansfers Robin'V.
Martin, part-time Clerk Typist for the Justice Court to the position of part-time Clerk
Typist for the B:uildin~ Department, effective December 1, :1986.
1.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2~is to accept a bid;
DECEMBER 2, 1986
299
2. Moved by Justice Edwards, seconded by Cdu~cilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts ~he bid of
Manno Uniform and Security Equipment Corp. for furnisl~in9 to the Town of Southold
Police Department Uniform Clithin~ for f~scal year 1987, at the following prices: Winter
Coat: $92.00; Spring/Fall Jacket: $33.00; Cardigan Sweater: $22.00; Winter Gloves:
$12.00; Winter Cap: $9.99; Summer Cap: $10.25; Long Sleeved Shir~: $22.35; Short
Sleeved Shirt: $21.25; Tropi'cal Trousers: $31. '99; Ail Year Trousers: $37.85; E~astique
Trousers: $26. 95; and be it further
RESOLVED that there shall be no additional charge for emblems, braid~ insignia,
chevrons, etc. which shall be attached to all unifdrm coats, shirts and trousers,
nor shall there be an additional charge for oversizes, all in accordance witl~ the
specifications for bid~
2.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was d~clared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to execute an agreement for a lease.
Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of South01d hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between Howard
Reinhart, Joseph Reinhart, and Ann Chadwick, for the~lease of a forty foot by
forty foot concrete block building, 1000 ~feet.east of Peconic Lane, in Peconic~ on
Route 25, for the storage of machinery and equipment for the Highway Department,
for the period December 1, 1986 through November 30, ..1987, at the annual rent of
$4. 800.00.
3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to declare lead agency.
4. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead
agency in regard to the State Environmental Quality Review Act in the matter of the
petition of John A. Costello for a chan~e of zone from "M" Light Multiple Residence
District to "AHD" Affordable Housin~l District on certain property located at Moores
Lane and County Route 48, Greenport, New York, consisting of 26.4~ acres.
4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy. Abstain: Councilman
S'toutenb~gh.
This resolution was declared duly ADOPTED.
SUPERVISOR M~URPHY: Number 5 is to authorize the transmittal of this petition
for the zone change to the Southold Town Planning Board and Suffolk County Planning
Board. I offer~ that.
6e
Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, a petition has been received from John A. Costello requesting a change
of zone from "M" Light Multiple' Residence District to "AHD" Affordable Housing
District on certain property located at Moores Lane and County Route 48, Greenport,
New York, n~w, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby is'directed
to transmit said petition to the Southold Town Planning Board and SUffolk County
Department of Plannin~ ail in accordance with the Code of the Town of Southold and
the Suffolk County Charter, requesting their recommendations relative to said petition.
COUNCILMAN SCHONDEBARE: I'm glad to see that Mr. Costello is doing exactly what
it is he said he was going to do. Thank you.
-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy. Abstain: Councilman
Stoutenbu~gh.
This resolutior~ was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is to set a public hearing on Year 13 Federal
Community Development Block Fund Grants.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M.,
Tuesday, December 30, 1986, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearin~ to hear citizen views on local needs Lo be
met with Year 13 Federal Community Development Block Grant Funds in the amount
of $168,000.00 to be received in 1987.
10.
6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor~;~.~.Murphy.
This resolution was declared duly ADOPTED
SUPERVISOR MURPHY: Number 7 is to execute a contract.
7. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Fi-ancis J. Murphy to execute a contract between the U. S.
Department of Housing and Urban Development and the Town of Southold for the
Section 8 Annual Contributions for the 12 month period ending June 30, 1987, alt
in'accordance with the terms and conditions of the contract as approved by Town
Attorney Tasker. (Project No. NY36~V152-003; Master Acct. No. NY 1045V).
7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is'to authorize' the execution of another contract.
8. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a contract between the U. S.
Department of Housing and Urban Development and the Town of Southold for the
Section 8 Annual Contributions for the 12 month period ending June 30, '1987, ail
in accordance w_ith the terms and conditions of the contract as approved by Town
Attorney Tasker. (Project No. NY36-E152-006; Master Acct. No. NY 1045E).
8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, 'Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to approve amendments to our Subdivision
Regulations.
9. Moved by Councilman Penny,_seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
following amendments to the "Town of Southold Land SubdivisiOn RegUlations",
to wit:
(additions indicated by underline; deletions by [brackets]).
1. By amending Section A106r22, Subdivision Al2) to read as follows:
(2) All applications for plat approval for a minor subdivision shall
be accompanied by a fee of [one hundred] two ,hundred dollars
[($I00.)] [$200.) per lot, together witl~ an inspection fee of'one
hundred fifty dollars ($150.).
2." By amending Section A106~23, SubdivisiOn Al2) to read as follows:
(2) The application filed with the Town Clerk shall be accompanied
by a fee of (fifty] one thousand dollars [(S50.)] ($1,000.) plus
[five] one hundred dollars [($5.)] ($100.) per acre, or part
thereof, in'the proposed subdivision, and an inspection fee
equal to five percent (5%) of the amount of the approved
performance bond.
TOWN ATTORNEY TASKER: May I ask a question on that? Was that processed
by the Planning Board? Did they hold a hearing?
TOWN CLERK TERRY: They held a public hearing. They did; yes.
9.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to set a public hearing.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
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 fees for building permits
and certificates of occupancy," now, therefore, be [,t
RESOLVED that the Town Board of the Town of Southold hereby sets 7:55 P.M.,
Tuesday, December 16, 1986., Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearing on the aforesaid' proposed Local Law which
reads as follows, to wit:'
LOCAL LAW NO. - 1986.
A Local Law in relation to fees for
building permits and certificates of occupancy
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) is hereby amended as follows:
I. Subsection J (Permit fees) of Section 100-141 (Building Permits) is amended to
read as follows:
J. Permit fees.
DECEMBER 2, 1986
(1) The following fees shall be paid unpon 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 re-
turned to the applicant if the application is denied:
(a) Single-family dwellings:
(i) New dwellings and additions to existing dwellings: fifty
dollars ($50.) plus fifteen cents ($0.15) for each square
foot of floor area in excess of eight hundred fifty (850)
square feet.
(ii) Accessory buildings and additions and alterations to exist-
ing accessory buildings: twenty-five dollars ($25.) plus
fifteen cents ($0.15) for each square foot of floor area in
excess of five hundred (500) square feet.
(b) Farm buildings and additions and alterations to existing farm
buildings: fifty dollars ($50.) for each 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
($0.20) for each square foot of floor area in excess of
one thousand (1,000) square feet.
(ii) Accessory buildings and additions and alterations to exist-
ing accessory buildings: twenty-five dollars ($25.) plus
fifteen cents ($0.15) for each square foot of floor area in
excess of five hundred (500) square feet.
(d) Foundations constructed under existing buildings: seventy-five
dollars ($75.).
(e) Swimming pools, together with required enclosure fencing: one
hundred fifty dollars ($150.).
(f) All other structures (i.e., fences, etc.) and additions and
alterations to such structures: twenty-five dollars ($25.).
(g) Signs: The fee for all signs, except signs permitted by
Section 100-30C(9)(a), shall be one dollar ($1.00) for each
square foot of sign area, with a minimum fee of twenty-five
dollars ($25.).
(h) Demolition and/or removal and/or relocation of any building:
ten dollars ($10.) minimum and five cents ($0.05) for each
square foot in' excess of three hundred (300) square feet of
floor area.
(2) For the purpose of this Subsection J, cellars, decks, attached
garages and any habitable area shall be included in the calculation
of floor area.
11. Subsections E and G of Section 100-144 (Certificates of occupancy) are amended
to read as follows:
E. Every application for a certificate of occupancy or a temporary certificate
of occupancy shall be accompanied by the fee hereinafter specified. Copies
of such certificate shall be issued upon the payment of the fee hereinafter
speci fi ed.
G. Upon written request and upon payment of the fee hereinafter specified,
the Building Inspector shall, after inspection, issue a certificate of occupancy
for any building or use thereof or of land existing at the time of the adoption
of this chapter, or any amendments thereto, certifying such use and whether
or not the same and the building conform to the provisions of this chapter.
III. Section 100-144 (certificates of occupancy) is hereby amended by adding a new
subsection thereto, to be subsection l, to read as follows:
I. Certificate of occupancy fees. The following fees shall be paid upon the
filing of an application with the Building Inspector for a certificate of
occupancy, which fees shall be paid into the general fund if the application
is approved, and returned to the applicant if the application is denied:
(a) Business buildings and/or business uses and additions and alterations
thereto: fifty dollars ($50.).
(b) New dwellings and additions and alterations thereto: twenty-five
dollars ($25.).
(c) Accessory buildings and additions and alterations thereto: ten dollars
($10.).
(d) Pre-existing dwellings: fifty dollars ($50.).
(e) Vacant land: twenty dollars ($20.).
(f) Updated certificates of occupancy by reason of additions or alterations:
fifty dollars ($50.).
(g) Copies of certificates of occupancy issued five or less years ago: five
dollars ($5.).
(h) Copies of certificates of occupancy issued more than five years ago:
ten dollars ($10.).
IV. This Local Law shall take effect upon its filing with the Secretary of State.
10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
11.
SUPERVISOR MURPHY: Number 11 concerns expenditures of money ~"or repairs and
improvements of our highway system.
Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED-that pursuant to the provisions of Section 284 of 'the Highway Law, the
Town Board of the Town of SouLhold hereby agrees that moneys levied and collected
for the repair and improvement of highways, and received from the State for the
repair and improvement of highways shall be expended as follows: General Repairs.
The sum of $1,272',900.00 may be expended for general repairs upon 185.64 miies of
town highways, including sluices, culverts and bridges having a span of less than
five feet and boardwalks or the renewals thereof.
11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-~
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: it's now 8:00 O'clock so I'd like to have a resolution to recess
the regular Town Board meeting so we could hold the two public hearings that are
scheduled.
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of ho.~ding
a .public'hearing on a proposed "Local Law in relation to Board of Appeals Fees," and
a reconvened ~public hearing on the Final Environmental Impact Statement of Howard
Zehner, d/b/a 'Youngs Boat Yard and Marina (formerly Southport Development).
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This:resolution was declared duly ADOPTED.
Regular Meeting reconvened at 8:15 P.M.
SUPERVISOR MURPHY: At this'-time I'd like to reopen our regular Town Board meeting.
I believe we were at Resolution No. 12, transfer of funds for the Fishers Island Ferry
District.
12.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that_the Town Board of the Town of Southold hereby authorizes the
following transfers within the Fishers Island Ferry Dis[rict 1986 Budget:
From:
Into:
Operation Ferry
Theatre
insurance
Repairs Docks
Payrolls
Social Security
Office Expense
Total:
$25,000.00
4,000.00
8,300.00
12,000.00
$'49,300.00
$45,'000.00
3,300.00
1,000.00
Total: $:49,'300.00'
12.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And number 13 is'to execute an agreement.
13. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between Robert
Gilbert and the Town of Southold for an easement for highway drainage purposes
at the southwest corner of Eugene's Road and Skunk Lane (Bay Avenue), Cutchogue.
13.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is Lo authorize another execution of an agreeme~
14. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold' hereby authorize~ and
directs .Supervisor Francis :J. Murphy and Deputy Supervisor Frank A. Kujawski,
Jr. to execute the necessary forms with respect, to. the contract with European
American Bank for the Suffolk County Consortium Home Improvement Program, to
transfer all funds on deposit for the Town of Southold from a Demand A~count to
a Money Market Account, and from the Bay Shore branch of European American
Bank to the Hauppauge branch.
14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And number 15 is'to authorize the application for possible
funding for a study.
DECEMBER 2, 1986 3 0
15. Moved by Councilman Penny, seconded by .~l~stice Edwards,
WHEREAS, the Town Board has heretofore established the Kenny's Beach Shoreline
Eros.on Control Committee to conduct such studies and investigations of the shore-
line erosion along Long Island Sound between Duck Pond Point and Horton's Point,
particularly the shoreline area in the vidnity of Kenny's Beach which has experienced
the most severe erosion damage in recent years; and
WHEREAS~ sand Committee has recommended that the Town apply to the Flood
Protection Bureau of the New York State Department of Environmental Control for
New York State funding of a.study of the methods to alleviate erosion occurring
along the shoreline of Long Island Sound in the area between Duck Pond Point on
the west and Horton's Point on the east;
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is
directed to apply to the New York State Department of Environmental Control for
New Yor~ State fun i_n~ of a study of erosion problems and recommendations for
alleviatin9 such problems in-the area alonc~ the shoreiine of Long Island Sound
between Duck Pond Point and Horton's Point.
15.~Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain~ Councilman
Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to accept a bid~
16. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby acc~epts the bid
of B. P. Wreckers, Ltd. for the purchase of all scrap paper deposited at the
Southold Town Landfill for the period from January 1, ;1987 to December 31, 1987,
for the amount of $555.88~, and be it further
RESOLVED that the Town Board hereby authorizes and directs SupervisOr Francis
J. Murphy to execute an agreement between the Town and B. P. Wreckers, Ltd.
for the aforesaid~ purchase of scrap paper.
16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is~to set an amount for park and playgrounds.
17. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby determines that the
amount of $11,880.00 shall be deposited with the Town in lieu of land for park and
playground in.the major subdivision of Crowley Estates at North Bayview Road,
Southold, New York, of which sum $350.'00., being the appraisal cost, shall be
deducted, and the balance shall be deposited inca Trust Account.
17.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, .Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And number 18 is~to do the same thing on another subdivision.
18.
Moved by Councilman Penny, seconded by Justice Edwards, i.t Was
RESOLVED that the Town Board of the Town of Southold hereby determines that the
amount of $9,531.25 shall be deposited with the Town in lieu of land for park and
playground in' the major subdivision of Deborah D. Edson at Depot Lane, Cutcho[lue,
New York, of which sum $350.00, being the appraisal cost, shall be dedu(ited, and
the balance shall be deposited in ~ Trust Account.
18.~Vote of the Town Board: Ayes: Councilman Penny~, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number ~19 is~to set a public hearing on the proposed Master
Plan.
Moved by Cou~ncilman ~chondebare, seconded by Councilman Stoutenburgh,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Loca~ /aw entitled, "A Local Law to amend the Southold Town Z_onin~I Code
and the Zonin~ Map incorporated therein; to implement, in' whole or in' part, the
recommendations of the Master Plan Update prepared by the Planning Board," now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 2:00 P.M. to
5:'00 P.M. and 7:00 P.M. to' 9:00 P.M.,' Thursday, January 22, ~1987., Southold Town
Hall, Main Road, Southold, New York, as time and place for a public'hearing on the
aforesaid proposed Local Law which reads as follows, to wit:'
LOCAL LAW NO. - :1987:
A Local Law to amend the Southold Town Zoninq Code
and the Zonin~l Map incorporated therein; to implement,
in whole or in part, the recommendations of the Master Plan
.Update prepared by the Planning Board
LOCAL LAW NO. , 1986
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
.... U.pdate prepared by the Planning Board
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets].)
Chapter 100 of the Code of the Town of Southold (Zoning) is hereby.
amended as follows:
1. Article I, Section 100-10 (Purposes), subdivisions E and G are
amended to read as follows:
E. The maximum protection of residential and historic areas.
G. The enhancement of the appearance of the Town of Southold as a
whole particularly its open and rural environment.
2. Article I, ,Section 100-10 (Purposes) is amended by adding two new
subdivisions thereto, to be subdivisions K and L, to read as follows:
K. The protection of the subsurface water ,supply and surface
Waters.
L. The protection and enhancement of the coastal environment.
Article I, Section 100-11 (Conflicts) is amended by amending the title
of such section, and adding thereto a new subdivision, to be
subdivision C, all to read as follows:
Section 100-11. Interpretation and Conflicts.
_In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for
the promotion of the public health, safety,, and welfare. Except
where specifically provided to the contrary, it is not intended by
this local law to repeal, abroc~ate, annul or in any way to impair
or interfere with any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelters or
premises; nor is it intended by this chapter to interfere with or
abrogate or annul any easements, covenants or other agreements
between parties.
\
Article I, Section 100-13, subdivision B, (Definitions and usages)
amended by amending and/or adding the following terms:
is
Definitions and Usaqes. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the
meaning as herein defined. An__~___~rd or term not noted below
shall be used with a meaning as defi~-~-d--]-~--~/~-b-s-t~-r~-t-I~ii'il-.-N-.e~_'
International Dictionary of the English Lanc~uac~e, unabricl, c_)ed (or
latest edition).
ACCESS - A physical entrance to property.
ACCESSORY APARTMENT - A dwellinc~ unit created in a presently
existing one-family dwelling pursuant to Section 100-3113(14)
DECEMBER 2, 1986
305
ACCESSORY BUILDING OR STRUCTURE - A building or structure
detached from a principal building located on the same lot as, and
customarily incidental and subordinate to, the pr. incipal buildi.ng.
ACCESSORY USE - A [building or] use [clearly] customarily.
incidental [or] and subordinate to~ [and customary in connection
with, the princi-'~ or use on the same lot. I the main use on a
lot, whether such "accessory use" is conducted" in a principal or
ADDITION - A structure added to the original structure at some
time after the completion of the' original.
AGRICULTURE - The production, keeping or maintenance, for
sale, lease or personal use, of plants and animals useful to man,
including but not limited to; forages and sod crol~s;' grains and
seed crops; dairy animals and dairy productsr poultry and
poultry products; livestock, including'beef cattle, sheep; swine,
horses, ponies, mules, or goats, or any mutation of hybrids
thereof, including the breeding and grazing 'of any or all of such
animals; bees and apiary' products; fur animals, fruits of all
kinds, inclu_ding grapes, nuts and berries; vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil
conservation or forestry,management program.
APPLICANT The landowner or the agent, optionee, contract
purchaser or other person authorized in writing to act for the
landowner in submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT - The application form and all
a'ccompanying document's and exhibits required of an applicant by
~.n approving authority for development and/or site plan review
purposes.
AUTOMOBILE SALES LOT OR BUILDING - A lot or building used
for the sale or hire of automobile equ,pment. This shall be
interpreted to include new and used car dealerships and aut(~
accessory salesrooms but not the sale of iunked automotiv¢
equipment.
BED AND BREAKFAST The renting of not more than three (3)
rooms in an owner occupied dwelling for lodging and serving of
breakfast to not more than six (6) casual and transient roomers,
provided that the renting of such rooms for such purpose is
clearly incidental and subordinate to the principal use of the
dwellinc~.
BERM - A structure composed primarily of earth intended for
privacy, security, enclosure, visual screening or noise abatement.
BLOCK An area bounded by one or more streets or a municipal
boundary and of sufficient size to accommodate a lot or lots of
minimum size required by this chapter.
BOARD OF APPEALS - The Zoning Board of Appeals of the Town
of Southold.
BUILOABLE AREA - The area of a lot remaining after the
minimum yard and open space requirements of this chapter have
been met.
BUILDABLE LAND The net area of a lot or parcel after
deductinc~ wetlands, streams, ponds, slopes over 15 percent,
underwater land, easements or other restrictions preventing use
of such land for construction of bui dinc~s or development.
3 0 6 DECEMBER 2, ,.86
BUILDING Any structure havin~l a roof supported by such
things as columns, posts, piers, walls, or air and intended for
the shelter, business, housing or enclosing of persons, animals,
property, or other materials. [Any] Also any combination of
materials forming any construction, except where entirely
underground so as to permit the use of the ground above same as
if no "building" was present; the term "building" shall include
the term "structure" as well as the following:
(1) Signs.
(2) Fences.
(3)
Walls.- [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-half (6½) feet at the
ground level,]
Radio and television receiving and transmitting towers a ,d
antennae, except for such antennae installed on the roof, a
building and extending not more than 20 feet above the
highest level of the roof of such building.
(5) Porches, outdoor bins and other similar structures.
BUILDING LINE - A line formed by, the intersection of a
horizontal plane at average grade level and a vertical plane that
coincides with the exterior surface of the building on any side.
In case of a cantilevered section of a building, the vertical plane
will coincide with the most projected surface.
CERTIFICATE OF OCCUPANCY - A document issued by a Town
E~ilding Inspector allowing the use and/or occupancy of a
.~.~.ilding and/or land, and certifying that the structure and/or
use of land and/or structures is in compliance with all state,and
local codes, regulations and requirements.
CLUSTER '- See Residential Cluster.
~.UB, BEACH A not-for-profit corporation, as defined in
Section 102 of the Not-For-Profit Corporation Law of the State of
New York, located contiguous to a bay or Long Island Sound and
established for principal purpose of en~aging in swimming in the
Sound or the bays, but excluding any form of aviation, motorboat
racing or wate~ skiing on inland waterways or similar hazardous
sports.
CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE,
NONPROFIT - A not-for-profit corporation, as defined in Section
102 of the Not- For-Profit Corporation Law of the State of New
York, established for the principal purpose of engaging in
ou~:door sports, such as c~olf,' tennis, .swimming, fishing, hunting
or similar activities, but not includin9 any form of aviation,
outdoor trap, skeet or tar~let shootincj or motorboat racing. The
activities Of such a club shall be limited to its members and their
quests and shall not be extended to the c~eneral public.
CLUB, YACHT A not-for-profit corporation, as defined by
Section 102 of the Not-For-Profit Corporation Law of the State of
New York, established for the principal purpose of engaging in
recreational boating. The activiti'es ~( s~ch a yacht clu6 shall be
limited to its members and their guests and shall not be extended
to the general public. The term "yacht club" shall be deemed to
igc-[~'de the term marina but shall' not be deemed to include the
term "boatyard"- except for the out- of-water storage of member
boats.
DECEMBER 2, 1986
30.7
COMMON OPEN SPACE - An open space area within or related to
a site designated as a development that is available for the use ot
all 'residents or occupants thereof.'
COOPERATIVE -A type of resort or multiple residence-in which
persons have an ownership interest in the entity which owns the
building or building, s and, in add'ition, a lease or occupancy
agreement which entitles them to occupy a particular dwelling unit
therein, regardless of whether, and in what manner, the dwelling
units are managed, leased, or otherwise made available for use by.
persons other than the owners thereof.
CUL-DE-SAC - The turnaround at the end of a dead-end street.
CURB CUT - The opening along the curb line at which point
vehicles may enter or leave the roadway.
CUSTOM WORKSHOP- A business premises used for the making of
clothing, millinery, shoes or other personal, articles to individual
order or measure, for saJe at retail on the premises only, and not
including the manufacture of machinery, vehicles, appliances and
similar heavy goods, and ready-to-wear or standardized products.
DEDICATION- The conveyance of a fee or lesser interest in
property to public use, which precludes the owner or others
under him from asserting any right of ownership inconsistent with
the use for which the property is dedicated.
EASEMENT - A grant of.the use of land for specific purposes.
FARM For the purposes of this chapter a farm shall be
defined as a site or series of adjoining parcels under single
ownership or manageme, nt devoted to agricultural use.
FARM BUILDINGS Ali structures useful or ne. cessary for the
conduct of agricultural activities including, but not limited to,
~barns, silos, mechanical equipment storage sheds, animal pens or
other shelters.
FENCE - A vertical enclosure, solid or partially open, to prevent
straying from within or intrusion from without or intended to be
used as a visual screen. A fence is considered a structure for
the purposes of this chapter.
FISH PROCESSING - The readying of fish and shellfish for
shipping to market, including icing, c. leaning, filleting, shucking,
and Lhe cooking of crabs or lobster, but not including other
cookinq, cannin~l, freezing, smoking or other "fish factory"
operations.
FLOOD HAZARD AREA - Land in the flood plain subject to a one
p.~rcent or greater chance o~ fl6od in any given year.
FLOOD PLAIN - The relatively flat area or Iow lands adjoining the
channel of a river, stream, watercourse, canal, or any body of
standing water, which has been or may be covered by flood 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 Lhe exterior faces of exterior
walls or from the center line of party walls separating two
buildings, including cellar and basement areas. The floor area
shall not include: roof overhangs projectin~ less than three fe~t or
any floors or portions thereof contained on terraces or balconies
projecting beyond the exterior face of the building.
FLOOR AREA, LIVABLE - All spaces within the exterior walls of a
dwelling unit, exclusive of garages, breezeways, ~Jnheated
porches, ,cellars, heater rooms and approved basements ;~aving 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 clear height
of six (6) feet from finished floor 'level to pitch of roof rafter with
a clear height of seven (7) feet six (6) inches from finished floor
level to ceiling level over fifty percent (50%) of the area of such
attic space.]
FRONTAGE - The width of a lot at the street line.
GARAGE, PRIVATE - A building u~ed as an accessory to the main
building for the storage of one or more gasoline or other
power-driven vehicles owned and used by the owner or tenant of
the lot on which the garage is erected, for the storage of not
exceeding two additional vehicles (not trucks) owned or used by
others[.] and in which no occupation, business or service for
profit is carried on without special permit.
GARAGE, REPAIR - A building, other than a private gara~le, used
for adjustment, painting, replacement of parts or other repair or
restoration of motor vehicles or parts thereof, whether or not
accessory or incidental tO another use.
GASOLINE SERVICE STATION - A structure and surrounding land
used for the storage and sale of petroleum fuel primarily to motor
vehicles and for accessory uses such. as the sale of lubricants,
accessories or supplies,- the i~cidental washing of motor vehicles
and the performing of ~inor repairs within a building; however, a
-~service station is not a repair cjarage nor a body shop.
GREENHOUSE - A structure for growing plants.
GROUND FLOOR - The first floor of a building] other than a cellar
or basement.
GUEST UNIT A bedroom-sleeping accommodation for transient
guests, which may or may not include bathroom facilities and shall
be occupied by no more than two adult persons and be at least 80
square feet in area.
HEIGHT [-] OF BUILDING - The vertical distance measured from
the average elevation of the existing natural grade before any
alteration or fill adjacent to the building to the highest point of
the roof for flat and mansard roofs, and to the mean height
between eave and ridge for other type roofs.
HISTORIC BUILDING - See Landmark Designation.
HOMEOWNERS OR HOMES ASSOCIATION - A community association,
including a condominium association, which is organized in a
residential development in which individual owners have a shared
interest in the responsibility for open space or facilities.
DECEMBER 2, 1986
309
HOTEL OR MOTEL, RESORT - A building o.r group of buildings,
whether detached or in connected un!t.s, c. on.t.a.i.ning individual
~]uest units consisting of a room .arranged or designed to be
available for use as sleeping quarters for transients on a daily
rental basis or for vacationers or other persons on a weekly rental
basis, provided that one such uni.t..may, connect directly with not
more than~ one other such unit. Each unit shall have a door
opening on the exterior"~f the building or on a common hallway
leading to the exterior, A "resort mo~el" may include such
accessory uses as a beach caba'na, private dock, dining room,
restaurant or swimming pool, conference and meeting facilities, or
an accessory conver~ience shop, office or personal service facility,
provided that such facility or shop is located within the building
without any external s~gn or display and off-street parking'
facilities. Tlh~' t~m "~esort motel" shall not be construed to include
"transient motel" or "mobile home park".
HOTEL OR MOTEL, TRANSIENT - A building or group of
buildings, whether detached or in connected units, containing.
individual guest units conSistinq of a room arranged or designed to
be available for use as sleeping and living quarters for transients
on a daily rental basis, provided that 'one 'such unit may connect'
directly with no more than one o'ther such unit and that no
cooking facilities sh~ll be available. Each such unit shall have a
door opening, on the exterior of the building or on a common
hallway leading to the exterior. A "transient hotel or motel" may
include such accessory uses as an office, restaurant, accessory
.personal services, swimm'ing poo] and off-street par. king facilities.
Tl~e term "transient hotel or mote shall not be construed to
include "resort motel" or "mobile h~me ' park," nor shall it be
d.e_emed to include .any dwelling, unit except that of the owner or
manager.
JUNKYARD - Land occupied or to be occupied for storage of old
wood, paper, cloth br metal, including old automobiles, trucks,
equipment, machinery,_ fixtures and appliances not usable as
originally designed, and also including any portion of such old
___automobiles, trucks, equipment or machinery as may be sold as
and for junk or salvage. The existence on any residential lot of
three or more t~nregistered ~{atomobiles or trucks not housed within
a building shall be deemed to be a junk yard. Public sanitary
landfills and the structures located thereon shall not be included
in this definition.
LANDMARK DESIGNATIO'N - The designation of a building or
structure of architectural or historic, significance to the Town
through listing the property in the Town's Register of Designated
Landmarks and filing a copy of the entry in the Town Clerk's
office.
LANDSCAPING An area of land restricted to landscape items
which may also include such elements as natural features, earth
berms, sculpture, signs, lighting, access-ways, bikeways and
pedestrian-w~/,S.'
LIGHT INDUSTRY - An activity which involves the fabrication,
~'-es~a-ping, reworking, assembly or combining of.products, from
previously prepared materials and which does not involve the
synthesis of chemical or chemical products other than for
pharmaceutical or research purposes or the processing of an), raw
materials, except agricultural raw materials. Light industry
includes industrial operations such as electronic, machine parts
and small component assembly¢ as opposed to heavy industrial
operations such as automobile assembly or milling activities.
3 1 0 DECEMBER 2, 1986
LOADING BERTH - A space at least 15 feet wide an'd 45
f~t Ion. 9, having a minimum 14 foo~: vertical clearance for loading
aod unloading vehicles. No such space required by this chapter or
* ~icted on any site plan shall constitute a parking .space.
LOT AREA - The area of a lot taken at its perimeter, exclusive of
._any portion within a public or private street right-of-way.
.L. OT, INTERIOR - A lot other than a corner lot or a through lot.
LOT LINE, FRONT The lot line separa.ting a lot from a street
r'i~ht-of-way; a so ref'erred to as "street line."
LO_'E LINE~ SIDE ~ Any lot line other than a front or rear lot line.
LOT, REAR OR FLAG - A lot located in such a position that it is
to the rear of some other lot fro.ntincj on the same street and
served by means of an accessway.
LOT, THROUGH - A lot which' fronts upon two streets which do
r~ot intersect at the boundaries of the lot:
LOWER AND MODERATE COST HOUSING Housing which is
constructed and kept available for families or individuals with Iow
. or moderate income, including senior.,citizens, as defined by the
ToWn Board.
MASTER PLAN A plan for the development of all or portions of
the Town of Southold, .prepared for or :by the Planning Board
pursuant to Section 272-a of the Town Law, which plan indicates
the general locations of physical develc~pment ?thin the Town, and
includes any umt or part ~)f such plan sepa~a:tely adopted and any
amendment to such plan "
or parts therein.
MEAN HIGH WATER (MHW) - Aver. age height of high waters datum
reported by the U. S. Geological Survey.
MOTEL, RESORT - See Hotel or Motel, Resort.
MOTEL, TRANSIENT - See Hotel or Motel, Transient.
NONCONFORMING BUILDING OR STRUCTURE - A buildinq or
structure legally existinc] on the effective date of this chapter or
any applicable .amendmen. t thereto~ but which fails by reason of
such adoption, .r. evision or amendment to conform to the present
district requlations for any prescribed structure or buildinq
requirement, such as front, side or rear yards, buildinq heiqht,
buildinq areas or lot coveraqe, lot area per dwellinq unitt dwellinq
units per buildinq, number of parkinq and Ioadinq _spaces, etc.,
but which is continuously, maintained after the effective date of
these requlations.
NONCONFORMING LOT A lot the area, or, dimension of which
was lawful prior to the adoption, revision or amendment of this
c'hapter, but which fails to conform to the requirements of the
zoning district in which it is located by r'e~son of such adoption,
revision or amendment.
i'-IONCONFORMING USE - [any] A use, whether of a buildinci, sign
or tract of land, [or both] or combination of these, legalh/_
e;-.istinQ on the effective date of this chapter, which does not
confor~n to the present use regulations of the district in which it
is located, but which is continuously maintained after the effective
date of these regulations.
NURSERY SCHOOL - A building or buildings, together with any
accessory uses, buildings or structures, used as an organized
instructional facility for five or more enrolled children under six
years of age other than the children of the resident family, and
not furnishing sleepin9 facilities except to the resident family.
OFF-STREET PARKING SPACE - A space for .the parkin9 of one
motor vehicle within a pdl~lic or private park, ing 'area, but not
within a public street.
OPEN SPACE - Any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for
public or private use or enjoyment or for the use and enjoyment of
owners and occupants o't~'land adjoining or neighb.oring such open
space; provided that such areas may be improved with only those
t:Juildings, structures, streets 'ar~l off-str~et parking and other
improvements that are designed to be incidental to the natural
openness of the land;'
OUTDOOR STORAGE - The keeping, in an unroofed area, of any
goods, junk, material, merchandise, or Vehicies in the' same place
for more than twenty-four hours.
OWNER - The term shall be construed to 'include the duly
authorized agent, attorney, pur~:haser, d~visee,'fiduciary or any
other person havin9 vested or cont|ngent interest in the property
in question.
PARKING LOT An off-street, ground level area, surfaced and
improved for the temporary storage of motor vehicles.
PERrFORMANCE GUARANTEE - An)/ security which may be accepted
by the Town as a 9uarantee that improvements required as part of
an application for development are satisfactorily .completed.
PERSON - Any association, partnership, corporation, cooperative
group, trust or other entity as well as an individual.
- PLANNING BOARD - The Plannin9 Board of the Town of Southotd.
PLAT - The map of a subdivision.
PRI:NCIPAL USE The main or primary purpose or purposes for
which land and/or structure(s) is designed, arranged, used or
intended to be used or for which such land~ and/or structure(s)
may be occupied or maintained under this chapter.
PROFESSIONAL OFFICE - The office of a member of a recognized
profession or occupation, includino architects, artists, authors,
dentists, doctors, lawyers, ministers, musicians, optometrists,
engineers, and such other sii.~ilar profession or occupations which
may be so designated by the Board of Appeals.
RECREATION FACILITY, COMMERCIAL An indoor or outdoor
privatel)/7 operated business invol~ing playln~ fieTds, courts,
arenas or halls designed to accommodate spor~' a~c] re---cr~n--~l
activities such as billiards, bowling, dance halls, gymnasiums,
health spas, skating rinks, shooting ranges, tennis courts and
swimming pools.
3 12 DECEMBER 2,
RECREATIONAL VEHICLE A vehicular type portable structure
~ithout permanent foundation, which can be towed, hauled or
driven and primarily designed as temporary living accommodation
for recreational, camping, a~d travel use and i.ncluding but not
limited to travel trailer, truck campers, camp,ng trailers and
self-propelled motor, homes
RESEARCH LABORATORY -. A building for experimentation in pure.
or applied research, design; development;, and .production of
protot~/pe machines or devices, or of new products, and uses
accessory thereto, wherein F~roducts are not manufactured for
wholesale or retail, sale; wherei.n commercial servicing or repair of
commercial products is not performed; and where there is no
~i~'p~ay of any materia s or products. --
RESIDENTIAL CLUSTER An area to be developed as a sincjle
enti"ty according to a plan containin~t residential hous!ng units and
ha~inc~ a common or public open space.
RESTAURANT - Any premises where food is commercially sold for
On- piremises consumption' to patrons seated at tables or counters.
A.n¥. facility making use of carhop or parking 10t service to cars or
for the' consumption of food to .be eaten in said cars or outdoors,
shall not be considered a "restaurant" for the pu.rpose of this
chapter, ' and shall be deemed to be a "drive-in or fast-food
restaurant."
RESTAURANT, DRIVE-IN OR FAST FOOD Any establishment
whose prin~;ipal business is. the sale of foods, frozen desserts, or
beverages to the customer in a ready to consume state, usually
.served in paper,, plastic, or other disposal containers, for
consumption within the restaurant building~ elsewhere on the
.premises, or for carryout, for Consumption off the premises.
RETAIL STORE - An enclosed structure where goods are offered
for sale to the public- as take-out items, including hardware,
drugs, food and beverage, furnishings, apparel and similar
products; Minor repair services within the establishment may be
undertaken as part of product sales.
RIGHT-OF-WAY LINES The boundary lines of land used or
intended for use as streets, as shown on deeds, plats, or the
Master Plan, and from which yard and other requirements shall be
measured.
ROADSIDE FARM STAND, AGRICULTURAL STAND - A booth, stal~
or display area exceeding fifty (50) so. uare feet in area located on
a farn~ rror~ which c, gricultur~l products are sold to the o, enerat public.
SEPTIC TANK A water-tight receptacle that receives the
discharge of sewage from a building, sewer or part thereof and is
designed and constructed so as to permit settling of solids,
digestion of the orcjanic matter, and discharge of the liquid portion
into a disposal area.
SETBACK - An area extending the full width of the lot described
or a distance between the street ri~ht~of-way and buildin'q for the
full required front yard depth within which no buildings or parts
o'f buildings may be erected.
DECEMBER 2, 1986
SITE PLAN - A development plan for one or more lots on which is
shown (1) the existin~l and proposed conditions of the lot,
including but not necessarily limited to topography, vegetation,
drainage, flood plains, marshes and waterways, (2) the location of
all existing and proposed bui!cl.!ng.s, drives, .parking spaces,
w.a. lk.ways, means of ingress anct egress, drainage facilities, utility
serwces. ~andscapi. ng~ structures and signs, .lighting, screening
devices, and (3) any other information that .may be reasonably
~reqUired in order to make an informed determination pursuant to
· this chapter for the review .and approval of' site pla.ns by the
~lann'ing Board.
SPECIAL EXCEPTION USE - A use that is deemed ap.p~-opriate in a
particular district if specified conditions are met.
SWIMMING POOL - A structure containing an artificial body of
water, which is greater titan six. feet long or wide, and greater
than 18 inches in depth at any point. NatUral' or man-made ponds
a'li 'banks of which have a slope :of lesB than 45 degrees shall not
be included in this definition.
TOWN BOARD - The Town Board of the Town of SoUthold.
TOWNHOUSE -~ A dwelling uni~ in .a building cgntaining at least
three connected dwelling units divided by common vertical party
walls, with private entrances to each dwelling. A townhouse m~¥
include dwelling units owned in fee simple or in condominium or
cooperative ownership or any combination thereof.
TRAILER OR MOBILE HOME r Any vehicle mounted on wheels,
movable either by its own power or by being drawn by another
vehicle, and equipped to be used for living or sleeping quarters
or so as to permit COoking. The term "trailer" shall include such
vehicles if mounted~on temporary or permanent foundations with
the wheels removed and shall include terms "automobile trailer" and
"house car."
USE - The put. pose for which land or a structure is arranged,
~desi9ned, or intended, or for which either land or a structure is
or may be used, occupied or maintained.
YARD LINE A line drawn parallel to a street or lot line at a
distance therefrom equal to the respective yard dimension required
by this chapter.
ZONE - A finite area of land, as designated by its boundaries on
the Zoning Map, t.hroughout which specific and uniform regulations
govern the use of land and/or the location, size and use of
buildings.
ZONING BOARD - See Board of Appeals.
ZONING MAP - The map annexed to and made part of this chapter,
indicating zone boundaries.
314
DECEMBER 2, 1986
Article II, Se,:~tion 100-20 (District designations) is repealed and a new
Section 100-20 is added, to read as follows:
Section 100-20. District designations.
For the purpose of this chapter, the Town of Southold, outside of the
incorporated Vil. lage of Greenport, is hereby divi~ed into districts
desic~nated as follows:
A-C
R-80
R-40
I~-1 7U
Agricultural-Conservation District (Two acre minimum)
Residential Low Dens, it¥ District (Twoacre minimum)
Residential Low Density District (One acre minimum)
H, esldent~al Low Density,' Distr~ct' tThree acre m~mmum)
R-200
R-400
HD
AHD
RR
RD -
HB
LB
B
MB Marine Business'District
Residential Low Density District (Five acre mimimum)
Residential Low Density District (Ten acre minimum)
Hamlet Density Residential District
Affordable HOusing District
Resort Residential District
Residential Office District
Hamlet Business District
Limited Business District
General Business District
LID
LI
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 Zone] Zoning Map dated , which
accompanies this chapter and which, with all exl~'~atory matter
thereon, is hereby adopted and made a part of and ;~..orporated into
this chapter. Said map, indicating the latest amendmertts, shall be kept
up-to-date and a copy thereof shall be kept in the office of the
Building Inspector for the use and benefit of the public.
Article II, Section 100-23 (Effect of Establishment of district)
subdivision E is amended to read as follows:
Any use not permitted by this chapter shall be deemed to be
prohibited. Any list of prohibited uses contained in any section of
this chapter, shall be deemed to be not an exhaustive list, but to
have been included for th'e purposes of clarity and emphasis.
Section 100-31.1 and Section 100-33 of Article II1 are repealed, and
remainder of said Article II1 is amended as follows:
ARTICLE III
[A Residential and Agricultural District]
Agricultural-Conservation A-C District
Low Density Residential R-80, R-120, R-200, R-400 Districts
Section 100-30. Purpose.
The purpose of the-Agricultural-Conservation (A-C) District and the
Low Density Residential R-80, R-120, R-200 and R-400 Districts is to
reasonably control, and to the extent possible prevent, the unnecessary
DECEMBER 2, 1986
5
loss of those currently open lands within the Town containin9
la.rge and contiguous areas of prime agricultural soils which are
thebasis for a signifiCant portion 'of 'the Town's economy and those
areas with sensitive environmental features including aquifer
r'~charge areas and bluffs. In addition ~:hese areas provide the
open rural environment so high. ly. valued by year-round residents
and those persons who sup.port the Town of ~ou_thold's recreation,
resort and second home economy. T-I~e economic, ~'-~d
aesthetic benefits which 'ca'r~ 'be obtained for all citizens by limiting
loss of such areas are well documented, and have inspired a host
of governmental programs designed, with varyi~ng degrees of
s'ucc~ss, to achieve this 'J~esult. For its part, the Town is'
expend ng large sums of money to protect existing farm acreage.
At the same time, the Town has an obligation to exercise its-
authority to r~asonably regulate the subdivision and development
of this land to further the same purposes, while honoring the
I~gitimate interests of farmers and other farmland owners.
[Section 100-30] 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.
( 1 ,) One-family detached dwellings, not to exceed one
dwelling on each lot.
(2.)
The following commercial agricultural operations and
accessory uses thereto, including irrigation, provided
that there shall be no storage of manure, fertilizer or
other odor or dust- producing substance or use, except
spraying and dusting to protect vegetation, within 150
feet of any lot line:
(a .)
The raising of field and garden crops, vineyard
and orchard farming, the maintenance of nurseries
and the seasonal sale of products grown on the
premises subject to the following special
requirements:
[1)
All [o/~e-story] buildings [or structures] for
display and retail sales of agricultural and
nursery products grown [primarily] on the
premises shall not exceed 1,000 square feet in
floor area [.] or one story in height. Display
of produce, at a roadside farm stand shall be
not less than 10 feet from all street and lot
lines. Any roadside farm stand in excess of
[One hundred {TOO)'] fifty (50) square feet in floor
area shall be set back twenty (20) feet from the
street line. Any stand in existence at the effective
date of this chapter must, within one year, comply
with all of the provisions hereof.
(2) All signs shall conform to the provisions of
[Section 100-30C(6)(b)] Section 100-31C(9).
[3]
Off-street parkin9.as required in the Parking
Schedule shall be provided and s ha~l'l be'
approved by the Plannin9 Board. Any roadside
stand in existence on the effective date of this
paragraph must, within one (1) year from suc-h
date~ comply with the provisions hereof.
(3.)
B.
(b.)
(c.)
The keeping, breeding, raising
horses, domestic animals and fowl
lots ten (10) acres or more.
and training of
[except ducks) on
Barns, storage buildings, greenhouses (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 Southold, School Districts, Park Districts and Fire
Districts.
Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals; as hereinafter provided, and , and except
for the uses set forth in subdivision (15) hereof, are subject to
site plan approval by the Planning Board _ [in accordance with
Article XIII hereof:]
(1.) Two-family dwellings [, conversions of existing buildings
and new construction,] not to exceed one such dwelling on
each lot,
(2)
Places of worship, 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.
(a)
No building or part thereof shall be erected nearer than
fifty (50) feet to any street line and nearer than 20 feet
to any lot line.
(b)
The total area covered by all principal and accessory
buildings shall not exceed twenty (20%) percent of the
area of the lot.
(3)
Private elementary or hicjh schools, colleges and other educational
institutions, subject to the following requirements.
(a) No building shall be less than fifty (50) feet from any
street or lot line.
(b)
The total area occupied by all principal and accessory
buildings shall not exceed twenty (20%) percent of the
area of the lot.
(4)
(5)
(c)
Any school shall be a nonprofit organization within the
meaning of the Internal Revenue Act and shall be registered
effectively thereunder as such.
(d)
Any such school shall occupy a lot with an area of not
less than five acres plus one acre for each 25 pupils for
which the building is designed.
Nursery schools.
[Libraries,] Philanthropic, eleemosynary or religious institutions,
hospitals, nursing and rest homes or sanitaria for general medical
care, but excluding facilities for the treatment of all types of
drug addition, subject to the following requirements:
(a)
No building or part thereof or any parking or loading area
shall be located within one hundred (100) feet of any
street line nor within fifty (50) feet of any lot line.
(b)
The total area covered by principal and accessory buildings
shall not exceed twenty (20%) percent of the area of the
lot.
(c) The maximum height shall be thirty-five (35) feet or two
and one-half (2½) stories.
DECEMBER 2, 1986
C
317
(it)' 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.
(f)
Any nursing home, hospital or sanitarium shall
meet the following standards:
All buildings shall be of fire-resistive
construction.
[(5)] (6)
[(6)1 (7)
[2] {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).
[41 (iv)
Eight Thousand (8,
of lot area shall be
patient bed.
000) square feet
provided for each
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 ;n
which the proposed structure is to be constructed.
[Fraternity houses,] Beach clubs, tennis clubs, country
clubs, golf clubs, public golf courses, and annual
membership clubs catering exclusively to members and
their guests, and accessary playgrounds, beaches,
swimming pools, tennis courts, recreational buildings,
and maintenance buildings, subject to the following
requirements:
(a)
No building or part thereof or any parking or
loading .area shall be located within one hundred
(100} feet of any street line or within fifty (50)
feet of any lot line.
{b)
The total area covered by principal and
accessory buildings shall not exceed twenty
(20%) percent of the area of the lot.
(c) Such use shall not be conducted for profit as a
business enterprise.
(d) No such use shall occupy a lot with an area of
less than three (3) acres.
re)
The direct source of all exterior lighting shall be
shielded from the view of surrounding residential
lots.
[(7)1
(8)
Children's recreation camps organized primarily for seasonal
us~} and subiect to the following requirements:
(a)
No building, tent, activity area or recreation facility
sl~all be less than two hundred (200) feet from any
lot line, and any such building, tent, activity area
or recreation facility shall be effectively screened
318
DECEMBE,~ 2, 1986
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.
~ . (b) The minimum lot area shall be not less than ten thousand
(10,000) square feet for each cottage, tent or other
principal building, and not less than three thousand
(3,000) square feet of land area shall be provided for
each person accommodated in the buildings or tents
on the premises.
(c) All outdoor lighting shall be arranged and/or sheilded
to eliminate the glare of lights toward nearby residential
lots, streets or other public facilities.
(d) The sound level of all outdoor public-address systems
shall not exceed the intensity tolerable in a residential
neighborhood.
(9) [Labor camps, farm and nonfarm,] Farm labor camps,, subject
to the following requirements:
(a) All farm labor camps on farms shall be constructed in
conformance with applicable laws and shall not be located
nearer to any other residence than the residence of
the employer, except by specific review and approval
of the Planning. Board [of Appeals].
[(9)1
[Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to the
following requirements:]
[(a)l
[There shall be docking or mooring facilities for
no more than two (2) boats other than those
owned and used by the owner of the premises
for his personal use.]
(10) Veterinarian offices and animal hospitals, subject to the
following requirements:
(a). The housing of all animals shall be in a fully enclosed
structure, if nearer than one hundred fifty [(100)]
(150) feet to any lot line.
(11) Cemeteries.
(12) Stables and riding academies
[(13)] [Funeral homes and undertaking establishments.]
I(14) 1
(13) Wineries for the production and retail sale of wine produced
from grapes grown on the vineyards on which such winery
is located.
[(is)!
One accessory apartment in an existin9 one-family dwelling, subject
to the following requirements:
(a)
(b)
(c)
(d)
(f)
(g)
The accessory apar. tment shall be located In the principal building.
The owner of the existing dwelling shall occupy one of the dwelling
units as the owner"s principal residence. The other dwelling
unit shall be leased for year-round occupancy, evidenced by a
· written lease for a term of one or more year. s.
The existing one-family dwelling shall cor~tain not less than sixteen
hundred (1,600) square feet of liveable floor area.
The accessory apartment shall contain not less than four hundred
fifty (450) square feet of livable floor area.
~Tl~e accessory apartment shall not exceed forty (40%) 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 (1) accessory apartment shall be permitted
on a lot.
Ch)
(i)
(j)
(k)
Cra)
1(10)]
The accessory apartment shall meet the requirements of a dwelling
unit as defined in Section 100-13 hereof.
The ~xterior entry, to the accessory apartment shall, to the
maximum extent possible, 'retain the existing exterior appearance
of a one-family dwelling.
All exterior alterations to the existing building, except for access
to the apartment, shall be made on the existing foundation.
Certificate of Occupancy shall terminate upon the transfer of
title by the owner, or.upon the owner ceasing to occupy one of
the dwelling units as the owner's principal, residence. In the
event of an owner's demise,, the occupant of an accessory apartment
may continue in occupancy untit a new owner shall occupy the
balance of the dwelling or one (1) year from date of said demise,
whichever shall first occur.
All conversions subject to inspection of Building Inspector and
Renewal of Certificate of Occupancy annually.
The building which-is Converted to permit an accessory apartment
shall be In existence and have a valid certificate of occupancy
issued pr[or to January 1, 1984..
The existing building, together, with the accessory apartment,
shall comply with all other requirements of Chapter 100 of the
Town Code of the Town of Southold. ;
(o) Notwithstanding the provisions of Section ;100-30B hereof,-no
site plan approval by .the Planning Board shall be required for
the establishment of an accessory apartment. '
(p) Approval by the Suffolk County Department of Health Services
of the water supply and sewage disposal systems.
The renting of not more than three (3] rooms in an owner occupied
dwelling for lodging and serving of breakfas[ to not more than -
six (6) casual and transient roomers, provided that the renting
of such rooms for such purpose Is clearly incidental and subordinate
to the principal use of the dwelling, subject to the following
requirements:
(a)
That adequate off-street parking spaces shall be provided
for such rented rooms in addition to parking spaces for the
use of the family, of the owner.
-16-
320
Accessory uses, limited t6~the following [:] uses and subject to the
conditions listed in Section 100-33 herein.
,(~)
[(~)] (2)
Any customary structures or uses which are customarily
incidental to the principal use, except those prohibited
by this chapter.
Home occupations, inc!ud!n~ professional offices, provided
that:
(a)
(b)
(d}
No display of goods is visible from the street.
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.
Such occupation is carried on in an area not to exceed
[thirty percent (30%)] twenty-five (25%) of the area
of [one (1) floor] .all floors of the main building [.]
· and in no event shall such use occupy more than five
hundred l[500) square feet o'f floor area.
There shall be no exterior effect at the property line,
such as noise, traffic, odor, dust, smoke, gas, fumes
or radiation.
Studios where dancing or music instruction is offered
to groups in excess of five pupils at one time· or where
concerts or recitals are held, are prohibited.
(f)
In no manner shall the appearance of the building be
altered n6J- shall the occupation within the residence
be conducted in a manner that would cause the p. re.m. ises
to lose its residential character, either by the use of
colors, .materials, construction, or lighting. No display.
of products shali 'be visible from the street, and no
stock in trade shall be kept on the premises.
(g) Home occupations shall in no event be deemed to include:
a'nimal hospitals., kennels, barber shops, beauty parlors,
clinics, or hospitals, mortuaries,, nursery schools, clubs,
auto repair shops, restaurants, tourist homes, rooming.
houses or boardipg houses, and uses similar to those
- listed above.
(3)
(a)
Boat docking facilities for the docking, mooring or accommodation
of noncommercial boats, st]~ject to the followincg requirements:
(b)
(c)
There shall be docking or mooring facilities for no more
than two C2) 'boats other ~h~ those owned and usecl
by the owner o'f' t,he premises for his personal use.
The Town Trustees shall approve new boat docking
faci:ities.
Boats at such dockin9 facilities shall not be used for
overnight sleeping purposes.
[(2)] (4) Garden house, toolhouse, storage building, playhouse,
wading pool, swimmin9"pool or tennis court incidental to
the residential use of the premises and not operated for
gain, subject to the followin9 requirements:
(a)
Any swimming pool shall be completely enclosed with
a permanent chain-link (or similar type) fence of not
more than two-inch mesh, not less than four (4) feet
in height, erected, maintained and provided with a
self-closing, self-latching gate to prevent unauthorized
use of the pool and to prevent accidents. However,
if said pool is located more than four (4) feet above
'the gound, then a fence is not required, provided that
all points of access to said pool are adequately protected
by a self-closing, self-latching gate. Any swimming
pool in existence at the effective date of the provisions
of this subsection shall, within one (1) year from such
date, comply with all of the provisions hereof.
(b.)
Individual outdoor tennis court related to residential
use on a i'ot containing a_...sing_le-_family detached dwell.;ng
provided' that the same is set back hot'less than six
(%) feet from all lot lines, and that there is no lightinc~
for after dark use.
[(3)] (5) 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.
(6) Off-street parkinc~ spaces accessory to uses on the premise~.
Not more than four (4) ofl~-str.e.e.t parking spaces shall be
,'permitted within the m nimum front yard.
[(4)1 (7}
The storage Of either a boat or travel trailer owned and used
by the owner or occupant of the premises on which such
boat or travel trailer is stored, for his personal use, subject
to subsection Q of Section 100-191 Supplemental parking
reg[Jlbtions and the foll6wing requirements:
(a) Such boat or trailer shal.I not exceed thirty (30) feet
in length.
(8)
(b)
(c)
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 (40%) of the area of the
required rear yard.
Such boat or trailer shall not be located within fifteen
(15) feet of any street or lot line.
llorses and Domestic animals~other than ?:ousehold pets,
provided that such shall not be house-dwithin forty (40)
feet of any lot line. Housing for flocks of more than twenty-
five (25) fowl shall not be constructed within fifty (50)
feet of any line.
[(6)1 (9)
[(e) l
The following signs, subject to the supplementary sign
regulations hereinafter set forth in Article XX:
(a)
[One (1) indirectly] Not more than two (2) non-
illuminated nameplates or professional signs each not
more than two (2) square feet in area.
(b)
Not more than [three (3)] two (2) signs with a combined
total area of not more. than [seventy-two (72)] forty-
eight (48) square feet, no one (1) of which shall be
larger th~n [four by six (4 x 6)] twenty-four (24)
square feet in size, advertising only the sale of farm,
~ or nursery products [produced or] grown on
the premises or of animals raised on the premises.
(c)
One (I) real estate sign, either single or double-faced,
not larger than [three by four (3 x 4)] twelve (12)
square feet in size on any one (1) or more lots,
advertising the sale or lease of only the premises on
which it is maintained, and set back not less than [ten
(10)] fifteen (15) feet from any lot line. Where acreage
or a subdivision has a continuous frontage of five hundred
(500) fee~ or more, said sign shall not exceed twenty-
f.o..ur (24) square feet in size.
(d)
One (1) bulletin board or other announcement or
identification sign for uses permitted in [Section 100-
30B[2), (3), (4), (6), (7) and (10) hereof] Section
100-31B(3), (4), (5), (6), (8) and (9) of the Agricultural
District, not more tha~ [thirty-two] eicjht~en (18) square
feet in area, located not less than [five (5)] fifteen
(15) feet from any street or lot line.
322
DECEMBER 2, 1986
|(f) ] ~_~ Such otl~er signs as may be authorized as a special
exception by the Board of Appeals as
hereinafter proviaed.
(7)| (10) Yard sales, attic sales, garage sales, auction sales or similar
type of sales of personal property owned by the occupant
of the premises and located thereon, subject to the following
requirement s o
Not more than one [(1)] such sale shall be conducted
on any lot in any one calendar year.
(b) Adequate supervised parking facilities shall be provided.
No signs, except one [(1)] one-premises sign not
larger than [three by four (3 x 4)] six (6) square
feet in size displayed for a period ot not longer than
one [(1)] week immediately prior to the day of such
sale, shall be permitted.
(d) A permit is obtained therefor from the Building Inspector
upon the payment of a fee of $15.
[Section 100-31] Section 100-32. 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 Districtl Agricultural-
Conservation District and in the Low Density Residential R-80 District unless
the same conforms to the Bulk Schedule and Parking Schedule incorporated into
this chapter with the same force and effect as 'if such regulations were set fort|~
herein in full, as well as to the {c~llowing Bulk and Parking requirements, to wit:
A. In the case of a lot held in single and separate ownership prior to November
23, 1971 and thereafter, with an area of less than forty-thousand (40,000)
square feet, a single family dwelling may be constructed thereon, provided
that t~-e requirements Of Column [A] vii of the Bulk Schedule and the
Parking Schedule incorporated in this-~apter are complied with.
B. The bulk and parking requirements for single-family dwellings as set forth
in Column [A-40] ii of the Bulk Schedule and the Parking Schedule incorporated
into this chapter s'~all apply to the following Iots~ to wit:
(1) All lots shown on major and minor subdivision maps which were granted
final approval by the Planning Board prior to May 20, 1983.
(2)
All lots shown on
Board has held a
20,. 1983.
major subdivision maps upon which the Planning
hearing for preliminary map approval prior to May
(3) All lots shown on minor subdivision maps that have been granted sketch
plan approval by the Planning Board prior to May 20, 1983.
(4) All lots setoff or created by approval of the Planning Board subsequent
to November 23, 1971 and prior to May 20, 1983.
Ce
The bulk and parking requirements for single family dwellings set forth
in [Column A-80] Columns i and iii of the Bulk Schedule and Parking Schedule
incorporated into this chapter sh~l'l apply to the following lots, to wit:
(1) All lots shown on minor subdivision maps which have been granted
sketch plan approval by the Planning Board on or after May 20, 1983.
(2) All lots shown on maior subdivision maps upon which the Planning Board
has held a hearing for preliminary map approval on or after May 20,
1 983.
19
DECEMBER 2, 19~
(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-16D] xi{ of the Bulk Schedule and Parking Sched,~le incorporated
into this chapter shall apply to the following lots, to wit:
(1) All lots shown on minor subdivision maps which have been granted
sketch plan approval by the Planning Board on or after May 20, 1983.
(2)
.AIl lots shown on major subdivision maps upon which the Planning
Board has held a hearing for preliminary approval on or after May
20, 1983.
(3) All lots setoff or created by approval of the Planning Board on or after
May 20, '1983.
[Section 100-32] Section 100-33. Accessory buildings.
In the lA ResidenTial and Agricultural District,] A. gricultural-Conservation
District and Low Density Residential R-80, R-120, R-200and R-400 Districts,
accessory buildings and structures or other accessory uses may be located in
'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 occupy not more than forty percent
4 °
(0~) of the area of the required rear yard.
324 '
DECEMBER 2, 1
9. Chapter 100 is amended by adding a new Article thereto, to be Article Ill-A, to provide
as follows:
ARTICLE II! - A
Low Density Residential R-40 District
Section 100-30A. Purpose.
The purpose of the Low Density Residential R-40 District is to provide areas
for residential development where existing neighborhood characteristics, waler
supply and environmental conditions permit full development densities of
approximately one dwelling per acre and where open space and agricultural
preservation are not predominate objectives.
Section 100-31A. Use regulations.
In an R-40 District, no building or premises shall be used, and no building or
part of a buildinq shall be erected or altered which is arranged, intended or
designed to be u~ed, in whole or in part, for any uses except the following:
A. Permitted uses.
[1) Same as Section 100-31A of the A~riculturaI-Conservation District.
Uses permitted by special exception of the Board of Appeals. Tl'~e following
uses are permitted as a special exception b.y the E~ard of Appeals~ as hereinafter
provided, and subject to site plan approval by the Planning Board.
(1)
Same as Section 100-31B of the Agricultural-Conservation District,
except (8) children's recreation camp, (9) farm labor camp and (10)
veterinarian office and animal hospital not permitted, and bed and
breakfast uses do not reclu~re site olan approval.-
(2) Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
(1) Same as Section 100-31C of the Agricultural-Conservation District.
Section 100-32A. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be
erecteO or altered in the Low Density Residential R-40 District unless the same
conforms to the requirements of the Bulk Schedule and of the Parking Schedule,
with the same force and effect as 'if such re~uIations were set forth herein in
full.
Section 100-33A. Accessory buildir~s. Accessory buildings shall be subject
to the same requirements az Section 100-33 of the Agricultural Conservation
District.
-21-
10.
DECEMBER 2, 1986
C C
Article IV is repealed and a new Article IV is added in its place, to provide as
follows:
ARTICLE IV
Hamlet Density Residential (HD) District
3'2 5
Section 100-40. Purpose.
The purpose of the Hamlet Density (HD) Residential District is to (I) pe. rmit a
mix of housing types and. level of residential density appropriate to the areas
in and around the major hamlet centers, partcularl¥ Mattituck, Cutcho~u,e.,
Southoldr Orient and the ,Villa~le of Greenport,
Section 100~41. Applicability.
The Hamlet Density (HD) Residential District may be designated on the Zoning
Map by the Town Board, upon its own motion, or by petition on parcels within
one-half mile of a Hamlet Business (HB) District of Mattituck,.Cutchogueand
Southold hamlet and within one-quarter mile of the Hamlet Business (HB) district
of Orient, and within one-half mile of the boundary of the Village of Greenport.
Section 100-42. Use regulations.
In an HD District, no building o.r 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 of any, use except the following:
A. Permitted uses.
(1)
(2)
One-family detached dwelling.
Two-family dwellin9.
Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the I~o~Fd ot Appeals, as hereinafter
provided, and subject to site plan approval by the Planning Board:
(1) Multiple dwellings, townhouse, row or attached house.
(2) Accessory apartments in single-family residence as set forth in and
regulated by Section 100-31B(2) of the Agricultural&Conservation
District.
(3) Red and breakfast uses_ as. set forth, in and re~lulated by Section
100-31B (15), without site plan approval.
C. Accessory uses, limited to the following:.
(1)
Accessory uses as set fg.rth in and regulated by Section 100-31C (1)
through (7) and ~(10)of Aqricultural-Conservation Di~t. rict, and.subiect to
conditions set forth in Section 100-33 thereof.
(2)
Freestanding or ground signs, subiect to the followin9 requirements:
One (1) sign either single or double-faced, not more than' eighteen
(18) square feet in area, and the upper edge of which shall got project
more l~han five (5) feet above the 9;'ound unless attached to a fence
or wall. Such sic~n' shall only i~ticate the name of th~'premises~uch
s_i~n shall be set back not less than fifteen (15) feet from al'[ g~-~[
and lot lines. Such sign shall compl)~'with all of th~ supplementary
s-~n ~e~-ulations set forth in Article XX.
(3) Accessory buildincls, structures and other required facilities and
equipment necessary to provide community sewers, water, he~;--utilities
and other community services to all buildir~gs and structures on the
premises, provided, however, that the plans for and the location
of the same shall be approved by the Planninr:j ~o_o_~__~.c~._-
-22-
326
DECEMBER 2, 1986
Section 100-43. Bulk, area and parkinc~ req.uirements.
No buildinc~ or premises shall be used and no .building or part thereof shall
be erected or altered in the Hamlet Density (HD) Residential District unless
the same conforms with the Bulk Schedule and Parking Schedule incorporated
into this chapter, with the same force and.effect as if such rec~ulations were
set forth herein in full.
11.
Article V is repealed; Article VA is renumbered Article V, and the Sections
thereof are renumbered Sections 100-50 to 100-58 inclusive.
ARTICLE V
AFFORDABLE HOUSING DISTRICT
Section 100- 50. Purpose.
The purpose of the Affordable Housing District is to' provide the opportunity
within certain areas of the 'Town for the development of high density housing
for families of moderate income.
Section 100- 51 Definitions.
For the purpose of this Article, the following terms, phrases and words shall
have the following meaning:
CONSUMER PRICE INDEX - The Consumer Price Index as published by
the United States Department of Labor, [3ureau of Labor Statistics for
the New York Metropolitan area.
DIRECTOR
Southold.
The Director of Community Development for the Town of
MODERATE INCOME FAMILY - A family whose aggregate annual income,
including the total of all current annual income of all family members
(excluding the earnings of working family members under age- 21) from
any source whatsoever at the time of application for the purchase or
lease of an affordable housing unit or the purchase of an unimproved
affordable lot, does not exceed $39,000.00, which annual income shall be
revised each year on January 31st to conform to the previous year's
change in the consumer price index.
MODERATE INCOME FAMILY DWELLING UNIT - A dwelling unit reserved
for rent or sale to a moderate income family and for which the
maximum monthly rent (excluding utilities) or the maximum initial sales
price does not exceed the maximum renu or maximum sales price set forth
in-Section 100- 56E hereof.
MODERATE INCOME FAMILY UNIMPROVED LOT An unimproved lot
reserved for sale to a moderate income family, and for which the
maximum initial sales price, inclusive of the cost of providing public
water and/oN public sewer service to the lot, does not exceed the maximum
sales price set forth in Section 100- 56E hereof.
PERMANENT FIXED IMPROVEMENT An improvement to a lot or a
moderate income family dwelling unit which cannot be removed without
substantial damage to premises or total loss of value of said
improvements.
Section 100- 52 Applicability.
AHD Districts shall be established by application to the Town Board pursuant to
the procedures hereinafter specified, on parcels of land located within the
following areas:
3.
Land within a one-half (½) mile radius of the post offices located in
the hamlets of Mattituck, Cutchogue, Peconic and Southold.
Land within one-quarter (¼) mile radi.-'s of the post offices located in
the hamlets of East Marion and Orient.
328
DECEMBER 2, 1986
Do
Land within one-quarter (¼) mile of the boundaries of the Incorporated
Village of Greenport.
Land in such other areas as shall be designated by Town Board
resolution after a public hearing thereon, upon ten (10) days notice
thereof by publication in the official Town newspapers.
Section 100- 53. Use Regulations.
In the AHD District, no building or premises shall be used, and no building
or part of a building shall be erected or altered which', is arranged, intended
or designed to be used° in whole or in part, for any use except the
following:
Permitted uses.
1. One-family detached dwelling
2. Two-family c~ellin g
3. Multiple dwellings. ~
Accessory uses.
Accessory uses as set forth in and regulated by Section 100-30C [1),
(2), (3), (4), (6) and [7) of this Chapter'.
Section 100- 54 Bulk Area & Parkin~l Requirements.
No building or premises shall be used and no building or part thereof shall
be erected or altered in the AHD District unless the same conforms to the
following Bulk, Area & Parking Schedule.
BULK, AREA & PARKING SCHEDULE
Minimum Single Family Two-Family Multiple
Requirements Dwellinqs Dwellinqs Dwellinqs
Total lot area (sq. ft.)
Lot Width (ft.)
Lot Depth (ft.)
Front Yard (ft.)
One side yard (ft.)
Both side yards (ft.)
Rear yard (ft.)
Livable floor area (s~.ft. per dwg)
Off-street parking spaces (per dwg)
Land area (sq. ft.) per dwg. unit
10,000 20,000 40,000
80 100 150
100 140 200
35 35 45
15 15 20
25 30 40
35 35 45
85O 6O0 6OO
2 2 2
10,000 10,000 70,000
Maximum Permitted Dimensions
Lol coverage (percent)
Building height
Number of stories
20 25 25
35 35 35
2½ 2½ 2½
-25-
DECEMBER 2, 1986 C
C
329
Section 100- 55. Application Procedure
A. Application Procedure.
The procedure for planning and zoning approval of any future proposed
development in an AHD District shall involve a two-stage review process
as follows:
'(1)
Approval of a preliminary development concept plan and the zoning
reclassification of a specific parcel or parcels of land for
development in accordance with that plan by the Town Board; and
(2) Approval of a final, detailed site plan, and subdivision plat
approval, if required, by the Planning Board.
B. Application to the Town Board for rezoning approval.
Four (4) copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk who shall submit a copy to
the Town Board at its next regular scheduled meeting. The application
shall contain at least the following information:
{1)
The names and addresses of the property owners, and all other
persons having an interest in the property; the name and address
of the applicant (if not the' owner); the names and addresses Of
any planners, engineers, architects, surveyors, and all other
persons or firms engaged or proposed to be engaged to perform
work and/or s, ervices with respect to the project described in the
application.
(2)
If the applicant is not the owner of the property; written
authorization of the owner or owners authorizing the applicant to
submit the application on behalf of the owner or owners.
(3)
A written statement describing the nature of the proposed project,
and '-how it will be designed to fullfill the purposes of this Article
(including its consistency with the Town Master plan); an analysis of
the site's relationship to adjoining properties and the surrounding
neighborhood; the availability and adequacy of community facilities
and utilities, including public water and public sewer systems, to
serve the needs of the pr.oject and the residents therein; the safety
and capacity of the street system in the area in relation to the
anticipated traffic generated, and such other information as deemed
necessary by the Town Board and/or the Planning Board to enable
them to properly review and act upon the application.
(4)
A written statement describing the proposed method of ownership,
operation and maintenance of all proposed common utilities, including
public water and sewer facilities, and open land located within the
proposed development.
(5) A preliminary development concept plan for the proposed project,
drawn to a convenient scale, and including the following information:
(a) The total area of the property in acres and square feet.
(b)
A map of existing terrain conditions, including topography with
a vertical contour interval of no more than two (2) feet,
indentification of soil types (including wetlands), existing
drainage features, major rock outcroppings, the extent of
existing wooded areas and other significant vegetation, and
other significant features of the property.
-26-
A site location sketch indicating the location of the property
with respect to neighboring streets and properties, including
the names of all owners of property within five hundred (500)
feet therefrom, as shown on the last completed town assessment
roll. Such sketch shall also show the existing zoning of the
property and the location of all zoning district boundaries in
the ~urrounding neighborhood. -
A preliminary site development plan indicating the approximate
location, height and design of all buildings, the arrangement of
parking areas and access drives and the general nature and
location of all other proposed site improvements, including
recreational facilities, landscaping and screening, the storm
drainage system, water and sewer connections, etc.
(e)
A plan showing the number, type and location of all proposed
dwelling units and unimproved lots to be reserved for sale or
lease to moderate income families, and the ratio of the same to
all proposed dwelling units and lots in the development.
(f) A generalized time schedule for the staging and completion of the
proposed project.
(g) An application fee in the amount of fifteen dollars ($t5.) for
each proposed dwelling unit or five hundred ($500~) dollars,
whichever is greater.
C. 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 referred to
the Planning Board for its review and report, and one copy shall be
referred to the Suffolk County Planning Commission for its review and
recommendation, if required by the provisions of the Suffolk County
Charter. Within sixty (60) days from the date of the Planning Board
meeting at which such referral is received, the Planning Board shall
report its recommendations to' the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report or the
exp,rat,on of the Planning Board review period, whichever first occurs.
Said review period may be extended by mutual consent of the Planning
Board and the applicant.
D. Planning Board Report.
The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD
District, with or without modifications, or disapproval of said
application. In the even;, that the Planning Board recommends disapproval
of said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the Planning
Board shall give consideration to the Town Master Plan, the existing and
permitted land uses in the area, the relationship of the proposed design
and location of buildings on the site, traffic circulation, both on and off
the site, the adequacy and availability of community facilities and
utilities, including public water and public sewer systems, to service the
proposed development, compliance of the proposed development with the
standards and requirements of this Article, the then- current need for
such housing, and such other factors as may be related to the purposes
of this Article.
-27-
DECEMBER 2, 198~
311
E. Town Board Public Hearing.
Within forty-five (45) days from the date of the Town Board's receipt of
the Planning Board's report and recommendation, or-the expiration of the
Planning Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an AHD District
on the property described in the application. Such hearing shall be held
upon the same notice as. required by law for amendments to the town
Zoning Map and/or Zoning Code.
F. Town Board Action.
Within forty-five (45) days after the date of the close of the public
hearing, the Town Board shall act either to approve, approve with
modifications, or disapprove the preliminary development concept
plan and the approval or disapproval of the establishment of the
AHD District applied for. Approval or approval with modifications
shall be deemed as authority for the applicant to proceed with the
detailed design of the proposed development in accordance with such
concept plan and the procedures and requirements of this Article. A
copy of the Town Board's determination shall be filed with the
Planning Board and a copy mailed to' the applicant. A copy shall also
be filed in the Town Clerk's Office. If such determination approves
the establishment of a new AHD District, the Town Clerk shall cause
the official Zoning Map to' be amended accordingly.
Approval of the establishment of an AHD District shall expire twelve
(12) months after the date of Town Board Approval thereof if the
applicant has not received site development plan approval and final
subdivision plat approval of at least the first section of the planned
development within such twelve (12) months period. Approval of the
establishment of an AHD District shall expire eighteen (18) months
after said Town Board approval thereof if work on the site has not
commenced or the same- is not being prosecuted to conclusion with
reasonable diligence. The Town Board, upon application of the
appli~-~nt, and upon good cause being shown, may in the exercise of
its discretion, extend both of the above time periods for not more
than two (2) additional periods of not more than six (6) months
each. In the event of the expiration of approval as herein provided,
the AHD District shall be deemed revoked and the zoning
classification of the property affected thereby shall revert to its
zoning classification that 'existed on the property immediately prior to
the establishment of the AHD District thereon, and the Town Clerk
shall cause the official Zoning Map to be amended accordingly.
G. Site Plan And Subdivision Plat Approval by the Planning Board.
(1)
No earthwork, site work, land clearing, construction or development
activities shall take place on any property within an AHD District
except in accordance with a site plan approved by the Planning
Board in accordance with the provisions of this Article and in
accordance with the procedures and standards for site plan approval
as set forth in Article XXVof this Chap.ter.
-28-
Where a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until the
Planning Board has granted final subdivision plat approval In
accordance with the provisions of Chapter A106 of the Town Code.
Section 100-$6 General Regulations and Requirements-
A. Sewer and Water. "
In an AHD District, public -water supply systemsar~/or public sewer
disposal systems .shall be provided to serve all dwelling units located
therein.
B. Covenants and Restrictions.
In approving a preliminary development concept plan and/Or the
establishr~ent of an AHD District, the Town Board shall have the right to
require the applicant and/or the owner and all persons having an interest
in the premises to execute an agreement, in recordable form, containing
such restrictions, covenants, terms and conditions as It.deems necessary
to accomplish the intent ahd purposes of this Article.
C. Provision For Moderate Income .Family 'Dwelling Units And Unimproved Lots.
(1) 'On land within an AHD District containing ten (10) acres or less of
land, not less than forty (40%) percent of the dwelling units and/or
unimproved lots located therein shall be reserved for sale or lease to
moderate income }'amilles.
(2) On land within'an AHD District containing more than ten [10} acrescf
land, not less than fifty (50%} percent of the dwelling units andlor
unimproved lots therein shah be reserved for sale or lease to m'Oderat~
income families.
D. Eligibility.
In each AHD District, th~ sale or ~ease of dwelling units reserved
for moderate income families, and the sale of unimproved lots
-~eserved for sale to moderate income families shah be allocated on a
--_ priority basis, in the following order:
(al First to eligible applicants employed in the Town of Southold..
' (bi Second to eligible applicants who reside in the Town of
Southold, in the order of length of. residence in the Town.
(c) Third to ail ot'her.eliglbl~ applicants.'
E. Maximum Sales Price And Monthly Rent.
(1)
In an AHD District, the maximum initial sales price of a dwelling unit
or unimproved lot reserved for sale to moderate income families shall
be as follows;
(al Unimproved lot containing an area of 10,000 sq.ft. - $25,000.
(b) Attached dwelling unit - $60,000.
-29-
333
DECEMBER 2, 1986
C
(2)
(c) Single-family detached dwelling unit - $75,000.
The maximum initial monthly rent (exclusive of utilities for a dwelling unit
reserved for moderate income families in the AHD District shall be as
follows:
(a) Studio Apartment- $300.
(b) One bedroom dweJling unit - $400.
(c) Two bedroom dwelling unit - $500..
The provisions of this Section 100~56E(2) shall remain in effect as
to each dwelling unit for a period of fifteen (15) years from the date
of the initial lease thereof.
{3)
The maximum sales prices and monthly rents set forth in Section
100- 56 (1) and (2) hereof shall be revised each year on January 31st to
conform to the previous year's change in the consumer price index.
F. Resale Price of Dwelling Units and Unimproved Lots.
(1)
(3)
(4)
Dwelling units in an AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not. exceed the purchase price plus the cost of
permanent fixed improvements, adjusted for the increase in the consumer
price index during the period of ownership of such dwelling unit and
such improvements plus reasonable and necessary resale expenses.
Unimproved lots in a AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price of such lot adjusted for
the change in the consumer price index for the period during which such
lot was owned by the resale seller, plus reasonable and necessary resale
expenses.
Where an unimproved lot in an AHD District reserved for moderate income
families is improved with a dwelling unit, the maximum resale price shall
be determined in the manner'specified in Section 100~56F (1) hereof.
NotwitJ~anding the provisions of Section 100-56-F (1), (2) and (3)
hereof, the Director may authorize the resale of a dwelling unit or
unimproved lot reserved for moderate income families at a price in excess of
the maximum resale price specified in Section 100-56-F (1), (2) and (3)
hereof, under the following conditions:
(a)
That the owner of such dwelling unit file an application with the
Director requesting approval of such resale, setting forth in detail
the calculation for the determination of the maximum resale price, the
proposed resale price, and such other information and documentation
as the Director shdll request.
(b)
That the portion of the resale price in excess of the maximum
allowable resale price shall be divided between the resale seller and
the Town in the following proportions.
Year of Resale Percentage Percentage
after purchase to Owner To Town
1st 0 100
2nd 20 80
3rd 40 60
4th 60 4O
5th 80 2O
6th 9O 10
-30-
(c) . All money received by the Town pursuant to the provisions of
the precedihg paragraph (b) shall be deposited in separate
accounts and shah be expended only for the purposes of this
Article in such manner as shall be determined by the Town
Board.
Section 100- 57 Administration.
A. General Duties of Director.
(1)
3~he Director shall be responsibie for the administration 6T dwelling
units and unimproved lots reserved for moderate income families in
all AHD Districts pursuant to the provisions of this Article.
The Director shall promulgate- and maintain information and
documentation of all dwelling units and unimproved lots reserved for
moderate income families in all AHD Districts; the number thereof
available for sale or lease at all times; the sales prices and monthly
rent for such dwelling units and lots; the names and addresses of
eligible families desiring to purchase or lease the same, together with
a priority 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.
Whenever the Town Board approves the establishment of an AHD
District, a copy of such determination shall be filed with the
Building Inspector and the Director, together with a copy of any
agreements and/or covenants relating thereto.
(2)
Whenever the Planning Board approves a subdivision plat and/or a
site plan affecting land within an AHD District, a copy thereof shall
be filed with the Building Inspector and the Director, together with
copies of any agreements and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building permit, a
certificate of occupancy or any other permit or authorization
affecting dwelling units and/or unimproved lots located in an AHD
District and reserved fox' sale or lease to moderate income families, a
copy thereof shall be filed with the Director.
C. P roced~J r:e.
(1)
Whenever the Building Inspector receives an application for a
certificate of occupancy for a dwelling unit or unimproved lot located
in an AHD District and reserved for sale or lease to moderate income
families, the Building Inspector shall file a copy thereof with the
Director who shall inform the owner and/or person filing such
application of the maximum sales price or monthly rent for such
dwelling unit or lot as well as e_ligibitity requirements for families
seeking to purchase or lease such dwelling units or lots.
No certificate of occupancy may be issued by the Building Inspector
ubtil the Director has supplied the Building Inspector with the
information provided for in the preceding paragraph and the
Building Inspector determines that the issuance of the certificate of
occupancy will not permit a use, occupancy, sale or lease of a
dwelling unit or unimproved lot in violation of the provisions of this
Article.
(3)
The Director shall certify the eligibility of all applicants for lease or
purchase of dwelling units and unimproved lots reserved for
moderate income families. An owner' of dwelling units and unimproved
lots in an AHD District which are reserved for sale or lease to
moderate income families shall not sell or lease the same to any
person who does not possess a certificate of eligibility issued by Lhe
Director. A violation of the provisions of this paragraph shall
constitute grounds for the revocation of a certificate of occupancy.
[~)
On or before March 31 of each year, the Director shall notify the
owner or manager of dwelling units and unimproved lots reserved for
moderate income families of the monthly rent, sales price and income
eligibility requirements for such units and lots based upon data
derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots
reserved for moderate income families shall certify in writing to the
Director on or before May 31 of each year that the sale and/or lease
.... of such dwelling units and ~ots comply with the provisions of this
Article and Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate income families
is to be rented,~the lease for such unit shall not exceed a term of
two (2) years.
Section 100- 58 Applicability of Town Code.
All of the Provisions of the Code of the Town of Southold not inconsistent
or in conflict with the provisions of this Article shall be applicable in the
AHD District.
-32-
3.36
12. Article VI is repealed and-a new Article VI is added in its place, to provide as
fol Io',~ s:
ARTICLE VI
Resort Residential (RR)
District
Section 100-60. Purpose. ~ h~
! J
The purpose of the Resort Residential (RR) District is to provide opportun~,~?
for resort 'development in waterfront areas or other appropriate areas where because
of the availability of water and/or sewer more intense development may occur
consistent with the density and character of surrounding lands.
Section 100-61. Use regulations.
In an RR District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any use except the following:
A. Permitted uses.
(1) Any permitted use set forth in, and as regulated by Section 100-31A
of the A~riculturaI-Conservation District.
Uses permitted by special exception by the Board of Appeals. The followin~
uses are permitted as a special exception by the Board of Appeals as hereinal
provided, and except for the uses set forth in subdivision (5) hereof,
are subject to site plan approval by the Planning Board.
.(.!) Any special exception use set forth in, and as regulated by Section
100-31(B) (1), (6), (7) and (14) of the A~riculturaI-Conservation
District.
(2) Marinas for the dockinc~, mooring or accommodation of noncommercial
boats.
(3) Yacht clubs.
(4) Transient hotels ,or motels, resort hote]s or motels, conference facilities
provided that the following requirements are met:
(a) Minimum parcel size shall be five (5) acres.
(b) The maximum number of guest units shall be:
one (1) unit per six thousand (6,000) square feet of land
(c)
without public water or sewer.
one (1) unit per four thousand (4,000) square feet of land
with public water and sewer.
No music, entertainment or loudspeaker system shall be audible
(5')
from beyond the property line.
(d) No lights shall create a ~llare on adjoining property.
Bed and breakfast uses as set forth in and as regulated by Section
100-3lB (15).
(6) .T. ourist cam, ps as regulated by Chapter 88 of the Town Code.
-33-
(7) Free standing restaurant.
Co
Accessory uses.
(~)
Any accessory use set forth in, and .as regulated by Section 100-
31C (1) through (7) of the Ac~ricultur~l-Cons~rvation District.
Signs as regulated by Section 100-31C (9] of the Agricultural-
Conservation District, and in the case of a hotel, motel resort,
tourist camp, country club, beach club, swim club, tennis club,
if the building is set back twenty-five (25) feet, one (1) free-
standing or ground illuminated sign with a maximum area of
eighteen (18)- square feet may be permitted at the entrance, set
back a minimum of fifteen (15) feet from the street line.
(3) Sanitary and laundry facilities.
(4)
Accessory uses set forth in and as regulated by Section 100-42C(3)
of the Hamlet Density District.
Section 100-62. Bulk, area and parking requirements.
Except as otherwise provided herein, no buildings or premises shall be used
and no building or part thereof shall be erected or altered in the Residential
RR District unless the same conforms with the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth herein in full.
-34-
C
13.
Article VII is repealed an'd a new Article VII is added in its place, to provide as
follows:
ARTICLE VII
Residential Office (RO) District
Section 100-70. Purpose.
To provide a transition area between business areas and Iow density residential
· development along major roads which will provide opportunity for limited nonresidentia
uses in essentially residential areas.
Section 100-71. Use regulations.
In a Residential Office (RO) District, no building or premises shall be used, and
no building or part of a buildinc shall be erected or altered which is arranged,
intended or designed to be usec~, in whole or in part, for any uses except the
following:
A. Permitted uses.
(1) ~One-family detached dwellings, not'to exceed one dwelling on each lot.
(2) Buildinqs, structures and uses owned or operated bY the Town of
Southold, School Districts, Park Districts and Fire Districts. ~
Uses permitted by special exceotion by the Board of Appeals. The following
uses are permitted as a special exception by the Board-of, Appeals as hereinafter
provided, and subject to site plan approval by the Planning Board, provided
that not more than one (1) use shall be allowed for each 40,000 sq.ft.-of lot a:
(Ti Special exception uses as set forth in and regulated, by Section 100-31B
(1) through (7) of the Ac~ricutturaI-Conservation District
(2) Professional offices and business offices.
(3) Funeral homes.
(4) Bed and Breakfast uses as set forth in and regulated by Section 100-31B
except that no site plan approval is required.
(5) Libraries, museums or art galleries.
C. Accessory uses, limited to the follow.ing:
(1) Accessory uses as set forth in and regulated by Section 100-31 (1)
through (7) of the Agricultural-Conservation District, and subject to
the conditions set forth in Section 100-33 thereof.
(2) The following signs, subject to the supplementary sign regulations set
forth in Article XX:
(a) One (1) indirectly illuminated nameplate or professional sign not
(b)
more than two (2) square feet in area.
One (1) real estate,sic~n, either single or double-faced, not larger
t}~ Lw--~'~[~-('12') square ¥~et i~l 'size on an_~_.o_ne
the sale or lease of only the premises ~r~ whi'~-~T~- [~'~-r~t~-i[~i~l-~
and set back not less than fifteen (15) feet f~rom any lot lin-e~"where
acreage or a subdivision has a contlnuous frontage o~-f~
(500) feet or more, said sign may not exceed twenty-four (24) square
feet in size.
DECEMBER 2, 1986
339'
(c) One (1) bulletin board or other announcement or identification
sign for uses permited by Section 100.-31B (3), (4), (5) and
(6), not more than eic~hteen (18) square feet in area, located
not less than fifteen (15) feet from any street or lot line.
(3)
Accessory uses set forth in and regulated b~, Sec~tion 100-42C(3)
of the Hamlet Density District.
Section 100-72. Bulk, area and parkin~ requirements.
A. No building or premises shall be used and no building or part thereof
shall be erected or altered in the Residence-Office (RO) District unless
the same conforms with the Bulk Schedule and Parkin~t and Loading '-
S~hedules incorporated into this chapter, with the same force and effect
as if such rec~ulations were set forth herein in full.
-36-
C
14.
Article VIII is repealed and a new Article VIII is added in its place, to provide
as follows:
ARTICLE Vlll
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 aloncj highway corridors, but in areas
outside the hamlet central business areas that is consistent with the rural
and historic character of surroundinc~ areas and uses. Emphasis will be placed
on review of desic~n features so that existinc~ and future uses will not detract
from surroundinq uses. The additional uses must generate Iow amounts of
traffic and be designed to protect the residentail and rural character of the
area.
Section 100-81. Use recjulations.
In the LB district, no building shall be used and no building or part of a
buildinc~ shall be erecte'd or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following: ..
A. Permitted uses.
(1) Any permitted use as set forth in and regulated by Section 100-
31A of the Agricultural-Conservation District.
(2) The followinc~ uses are permitted uses subject to site plan approval
by the Planninc~ Board:
(a) Retail businesses complementary to the rural and historic character
of the surrounding area limited to the following:
(i) Antique, art and craft shops and c~allaries.
(ii) Custom workshops and machine shops.
(iii)
__ Wholesale or retail sale and accessory storage and display
of garden materials, and plants, including nursery operations,
provided that the outdoor storage or display of plants
and material does not obstruct pedestrian flow or vehicular
traffic and does not occur within three (3) feet of property
line.
(iv) Libraries or museums.
(b) Professional and business offices.
(c) Funeral Homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops, including barber shop,
beauty parlor, professional studios and travel agency.
(fi
Repair shops for household, business or personal
including cabinet shops, carpenter shops, electrical shops,
plumbinc~..shops, furniture repair shops and bicycle and motorcycle
shops, landscaping and other service business.
(9) Wholesale and warehousing.
(h) Retail uses supplementa! to the service business establishment.
341
DECEMBER 2, 1986
Uses permitted by special exception by the Board of Appeals. The followinc
uses are permitted as a special exception by. the Board of Appeals as
hereinafter provided, and except for Bed and Breakfast uses are subject
to site plan approval by the Plannin9 Board.
(1)
Any special exception use as set forth in and rec~ulated by Section
100-33B of the A,~ricultural-Conservation District.
C. Accessory uses, limited to the following uses:
(1). Any accessory use as set forth in and requlated by Section 100-
31C (1) through (8) of the Ac~riculIuraI-Conservation District, and
subject to the conditions set forth in Section 100-33 thereof.
(2)
Signs subject to the followin9 requirements.
(a) Freestanding or ground signs. Where the building is set back
twenty-five (25) feet or more from the street, one sign, sinqle
or double-faced, not more than eighteen (18) square feet, the-
lower edge of which shall be not less than four feet above the
ground, unless attached to a wall or fence, and the upper edge
of which shall not extend more than. fifteen (1.5) feet above the
(b)
ground, which sign. shall be set back not less than fifteen (15)
feet from all street and property lines and shall advertise only
the business conducted on the premises. As useo in this
subsection, the word "premises" shall mean all contiguous
property in common ownership.
Wall signs. One sign attached to or incorporated in each buildinq
wall on a public street and advertising only the business conducted
in such buildinc~, provided that such sign does not:
(i) Exceed one (1) square foot in total area for each horizontal
foot of such wall.
(ii) Exceed in width one hundred percent (100%) of the horizontal
measurement of such wali.
~iii) Exceed three (3) feet in height.
(iv) 'Project more than one (1) foot from such wall.
Section 100-82. Bulk, area and parkin9 requirements.
.Except as otherwise provided herein, no buildings or premises shall be used
and no building or part thereof shall be erected or altered in the LB District
unless the same conforms with the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the same for~e and
e--f~ect as if such regulations were set forth herein in full.
-38-
3'42
DECEMBER 2, 198~'-
15.
Article IX is repealed and a new Article IX is added in its place, to provide
as follows:
ARTICLE IX
Hamlet Business (HB) District
Section 100-90. _Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business
development in the hamlet central .business areas, including retail, office and
service uses, public and semi-public uses, as well as hotel and motel and multi-
family residential development that will support and enhance the retail development
and provide a focus for the hamlet area.
.Section 100-91. Use regulations.
In a HB District, no building or premises shall be used, and no building or part
of a building shall be erected or altered which is arranqed, intended or designed
to be used, in whole or in part, for any uses except the following:.
A. Permitted uses.
(1) Any permitted use set forth in and regulated by Section 100-31A (1)
(2)
and (3) of the Agricultural Conservation District.
Any permitted uses as set forth in and as regulated b.~ Section 100-
42A (2) of the Hamlet Residential District.
(3) Boarding houses and tourist homes.
(4) Business, professional and governmental offices.
(5) Banks and financial institutions.
(6) Retail stores.
(7) _Restaurant_s, excluding drive-in restaurants.
(8) Bakeshops (for on-premises retail sale).
(9) Personal service stores and shops, including barber shop, beauty
parlor, professional studios, and travel agency.
(10) Art, antique and auction galleries.
(11) Artists' and craftsmen's workshops.
(12) Auditorium or meeting hall.
(13) Repair shops for household, business or personal appliances, including,
cabinet shops, carpenter shops, electrical shops, plumbing shops.,
furniture repair shops and bicycle and motorcyc~le shops..
(14)
(18)
Custom workshops.
Bus or train stations.
Theaters or cinemas (other than outdoor).
Libraries or museums.
Laundromat.
-39-
DECEMBER 2, 1986
(-
34'3.
Bo
Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exceptio~ by theBoard of Appeals as
hereinafter provided, subiect,to site plan approval by the Planning
Board.
(1) Any special exception use set forth in and as regulated by Section
'' 100-31 B (3) to (6)and (14)and '~151c~f the A-~'-~u'l~u~e C6nse~"vation District
(2) Multiple dwellings and townhouses.
(3) Motel and hotel uses as set forth in and regulated by Section 100-
61 B (4) of the Resort Residential B District, except that minimum
lot size shall be one (1) acre.
(.~) Apartments may be permitted over retail stores, subi.ect to the. following
requirements:
(a)
(b)
The explicit written approval of the Town Fire Prevention
Inspector shall be obtained for the design, location, access and
other safety-related elements of every such apartment. No
apartment shall be permitted over filling stations, stores
retailing flammable or fume-producing goods, restaurants or
other businesses with kitcher~s or other Facilities producing
intense heat, or any other establishment which the Fire
Prevention Inspector determines to pose a ~reater-than-average
built-in fire risk.
The habitable floor area of each apartment shall be a't least four
hundred fifty (450) square feet, but in no case more than seven
hundred fifty (750) square feet. The apartment shall not be'
located on the first floor of'the buildincj and the apartment shall
contain all services for safe and convenient habitation, meeting
the New York State Uniform Fire Prevention and Building Code
and the Sanitary Code.
lc) There shall be no more than three [3) apartments created or
maintained in any single building.
(d) Each apartment, or common hallway servicing two or three
apartments shall have a separat.e, access to the outside of the
--'-building, which must be distinct from the access to uses on the
first floor.
(e) Each apartment shall have at least one (~) on-site off-street
parking space meeting the standards of this chapter, conveniently
located for access to the apartment.
(f)
Only the owner of the building in which it is prIo~osed to locate
the apartment(s) may appiy for this special pe-F-~i-~. ~6~- Board of
Appe~lsshall require that such applicant execute such agreements,
contracts, eesements, covenants, .deed restrictions or other legal
instruments running in favor of the Town as, upon recommendation
of the Town Attorney, the Board shall determine to~-~ ~
to insure that:
(i) The a~_artment, or any proprietary or other interest therein,
W-~-~oi:' be sold to the tenant or an~. other pa~-'~-~-C~-,-,-~ --
as---~_a'-~'t-~{ a sale Of' t-F~-e-r~tT~e b----u~-[[~[~ Tn- ~|;i-C}~'-t|~-e-tdi)~a-~:tment
i~ ] 6~gt-G-d: ....................
(ii) The apartment is made available for year-round rental.
(iii) The apartment is properly constructed, maintained and
used, and unapproved uses are excluded th~e~efron~.
~iv) Any other condition deemed reasonable and necessary to
insure the immediate and long-term success of the apartment
in helping to meet identified housing needs in the community
is complied with.
-40-
(s)
Bed and breakfast enterprises or boardincj and/or tourist home as
set forth and ,regulated by Section 100-5IB (3) of the Resort Residential
A District.
(6) Fraternal or social institutional offices or meeting hall.
(7) Drinking establishments.
(8) Public Garacje.
(9) Funeral Home.
Accessory Uses.
[~)
Accessory uses as set forth in and r~ulated by Section 100-31C (1)
through (7) of the Agricultural-Conservation District, and subject
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.
(3)
Directional or informational signs., not exceeding two (2) square feet,
which the Planning Board finds to be necessary to facilitate'circulation
throughout the district.
Section 100-92. Bulk, area and parking requirements.
No building or premises sha~l be used and no buildin. 9 or part thereof shall be
erected or altered in the HB District unless the same conforms with the Bulk
Schedule and Parking and Loading Schedules incorporated into this chapter
by reference, with the same force and effect as if such r.egulations were ~et
forth herein in full.
100-93. Uses confined to encl. ose~d buildings.
Section
All uses permitted in a HB District, including the display and sale of merchandis~
and the storage of all property, except living plants, shrubs or trees, shall
be confined to fully enclosed buildings on the premises.
-41-
DECEMBER 2, ~86
16.
Article X is repealed and a new Article X is added in its place, to provide as
follows:
ARTICLE X
General Business (B) District
Section 100-100. Purpose.
The purpose of the General Business (B) District is to
provide for retail and wholesale commercial development and limited office and
industrial development outside of the hamlet central business areas, generally
along major highways. It is designed to accommodate uses that benefit from
large nu~'bers of motoristsl that need fairly l.arge parcels of land, and that
may revolve characteristics such as heavy trucking and noise.
Section 100-101. Use regulations.
In the kB) District, no building or premises shall be used, and no building or
part thereof shall be erected or altered which is arranged, intended or des!9~,ed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) Any permitted use set forth in and regulated by Section 100-3lA (2)
and (3) of the Agriculture Conservation District.
(2) Any permitted use set forth in and regulated by Section 100-91A (3)
to (18) of the Hamlet Business District.
(3) Wholesale businesses, warehouses, and building material storage and
sale, but excluding storac~e of coal, coke, fuel oil, or junk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging.
plants that are not offensive, obnoxious, or detrimental to neighboring.
uses by reason of dust, smoke, vibration, noise, odor, or effluent.
(6)
~hol~s~ale or retail sale and accessory storage and display of garden
materials, supplies, and plants, including nursery operations, prov'ided
that the outdoor storage or display of plants and material does not
obstruct pedestrian flow or vet~icular traffic and does not occur within
three feet of property line..
(7) Wholesale/retail beverage distribution.
(,8.). Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges..
Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the Board ot~ Appedls, as
hereinafter provided, subiect to site plan approval by the Planning
Board.
_(_1) A~n_¥ special exception use as set forth in and re~ul_ated by Section
100-31B (2) to (13) of the Ac~riculturaI-Conservation District.
(2) Hotel or motel uses as set forth in and regulated by Section 100-61B
(4) of the Resort Residential(RR) District,exceot tlaat minimum lot size
shall be one (1) acre.
-42-
(3) Bed and breakfast enterprises or boarding and/or tourist homes
as set forth in and regulated by Section 100-31B (15)of the
.~ricultural---C-6n~rvation District~ except that no site plan approval
Is required.
Tourist camps as regulated by Chapter 88 of the Town Code.
(5) Research design or develooment laboratories, provided that any
manufacturing shall be limited to p.rototypes and products for
testing.
(6)
Fully enclosed commercial recreation facilities including, but not
limited to, tennis clubs, skatinc~ rinks, paddle tennis, handball and
squash facilities, dance halls, billiard parlors, .bowling alleys, heaith
spas and clubs and uses normally accessory and incidental to commercial
recreation, such as locker rooms, eating and drinking facilities, and
retail sale of goods associated withthe particular activity.
(7) Laundry or dry cleaning plartt subject to the followin9 conditions:
(a) All processes and storage shall be carried on within an enclosed
buildin~i.
(8)
(b) All fluicis used in processin~ shall be recycled, and the overall
facility shall be designed, located and operated to prdt:~,ct surface
waters and the groundwater reservoir from pollution.
Fraternal or social institutional office or meeting hall (non-profit).
(9)
Fast food restaurants, provided that eating on.the premises of the
fast food restaurant shall be permitted only inside the structure or
in areas specifically designa;ted and properly maintained outside of
the structure and where minimum lot size for a free-standing structure
is forty thousand (40,000) square fee~.
(10) Drinking establishments.
(11}- Automobile laundry.
(12) Public garages, gasoline service stations, new and used motor vehicle
lots, vehicle sales and rental, including the sale of recreation vehicles
and trailers and boat sales, with accessory repair facilities all subject
to the.following requirements:
(a) Entrance and exit driveways shall have an unrestricted width
(b)
of not less than twelve (12) feet and not more than thirty (30)
feet and shall be located not less than ten (10) feet from any
property line, and shall be so laid out as to avoid the necessity
of any vehicle backing out across any public right-of-way.
Sale of used vehicles or boats shall be conducted only as accessory
(c)
(d)
to the sale of new vehicles or boats.
Vehicle lifts or pits, dismantled automobiles, boats and vehicles
and all parts or supplies shall be located within a building_t.
All service or repair of motor vehicles, other than such minor
servicing as change 'of tires or sale of gasoline or oil, s-I~il be
conducted in a building.
The storage of gasoline or flammable oils in bulk shall be located
fully underground and no[ less than ~hirty-five ~35) feet from
any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than
fifteen (15) feet from any street or property line.
DECEMBER 2, 198
347
(~)
Outdoor area lighting shall be that generally required for
security purposes and shall be restricted to. the front one-
third (1/3) of the 10t depth. All outdoor ligh. tin~ shall be
located at a height of not more than fourteen (14) feet above
ground level and so directed that illumination should not extend
beyond lot lines.
(h) No ~tasoline service or repair shops or similar, businesses are
to b~ located within th'tee hundred (300) feet of a church,
public school, library, hospital, orphanage or a rest home.
(13) Partial self-service gasoline service stations, subject to all of the
provisions of Section 100-10113 (12) herein, and the following additional
req u i rements:
(a)
Each partial self-service gasoline facility shall, have a qualified
attendant on duty whenever the station is.open for business.
It shall be the duty of the qualified attendant to control and
operate both the console regulating the flow of gasoline to the
dispensing equipment thereafter to.be operated ,bY the customer
at~ the self-service pump island and the dispensing ~quipment
on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct
supervision of the qualified attendant. A control shall be
(c)
provided which will shut off the flow of gasoline to the
dispensing equipment at the self-serviCe pump island whenever
the qualified attendant is absent from the control console for
any reason whatever, including when he is operating the
dispensing equipment on the other pump islands.
The console regulating the flow of gasoline to the remote
dispensing equipment thereafter operated by the customer at
the self-service pump island shall be situated in such a manner
as to give the qualified attendant controlling said console an
unobstructed view of the operation of said remote dispensing
~(d)
equipment.
The self-service pump island shall have controls on all pumps
that will permit said pumps to operate only when a dispensing
nozzle is removed from its bracket on the pump and the switch
(e)
for this pump is manually operated.
The self-service pump island shall be protected by an automatic
fire protection system in the form of an approved system of
dry i~owder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he
shall possessa valid motor vehi'cle operator's license.
(g) There shall be no latch-open device on any self-service dispensing
nozzle.
(14) Private transportation service including garage and maintenance
facilities.
C. Accessory uses.
(1)
Accessory uses set forth in and as requlated by Section 100-31C
(1)through (8) of the Ac~ricultural-Conservation District, subject
to the conditions set forth in Section 100-33 thereof.
(2) Wall signs as set forth and regulated in subsection C (2)(b) of the
Limited Business District Section 100-81.
-44-
348
DECEMBER 2, 19~6
(3)
Free-standing or ground signs. Where the bui!ding is setback twenty-
five (25) feet or more from the street, one (1) slain, single or double-
faced not more than twenty-four (24) square feet, the lower edge of
which shall be not less than four (4) feet above the ground unless
attached to a Wall or fence and the upper edge of which shall not extend
more than fifteen (15) feet above the ground shall be permitted, which
sign shall be set back not less than fifteen (15) feet from all street and
property lines and shall advertise only the business conducted on the
premises. As used in this subsection, the word "premises" shall mean
(4)
all contiguous property in common ownership.
Open storage of materials or equipment provided that such storage shall
be (1) at least 25 feet from any lot line (2') not be more than six feet
high, and (3) be suitably screened by a solid fence or other suitable
means of at least six feet in heig?.t.,..
Section 100-102.Bulk,-area and park;ng r.equirements.
No building or premises shall be used and no building or part thereof shall
be erected or altered in the (B)~District unless the same conforms with the
Bulk Schedule and Parking and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if such regulation
were set forth herein in full.
-45-
.- (-
17.
Article Xll
Xll is added in its place, to provide as follows:
ARTICLE XII
Marine Business (MB) District
Section -'100-12-0. P~rpo-se'. '~'
To provide a waterfront;location for a range of water dependent and water
related uses which are those uses which require or benefit from direct access
(Board of Appeals) is renumbered Article XXVII and a new Article
to, or location in marine: or tidal waters.
Section 100-121. Use rec~ulations.
In an MB 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.
r (1) One-famil-y detached dwelling.
(2)
Marinas for the dockincj, mooring and accommodation of recreational
or non-commercial boats, including the sale of fuel and oil primarily
for the use of boats accommodated in such marina.
(3)
Boat docks, slips, piers or wharves for charter boats carry.lng
passengers on excursions, pleasure or fishing trips or for vessels
engaged in fishery or shellfishery.
(4) Beach club, yacht club or boat club including uses accessory to them
such as swimminc~ pools, tennis courts, racquetball facilities.
(5) Boat yard for building,' storing, repairing, renting, selling or servicinc~
boats which may include the following as an accessory use: office
for the sale of marine equipment or products, dockside facilities for
dispensing of fuel, restroom and laundry facilities to serve overnight
~ patrons.
(6) Mariculture or aquaculture operations or research and development.
(7) Boat and marine engine repair and sales and display, yacht broker,
marine insurance broker.
(8) Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the Board of Appeals, as
hereinafter provided, subiect to site plan approval by the Planning.
Board.
(1) Retail sale or rental of fishing, divincjj boating, bathing supplies
anci eCLu_ipment if accessory to marina or boat yard or ships loft or
chandlery.
(2) Restaurants excludinc~ outdoor counter service, drive-ins or curb
service establishments. SU~zh j~rohibition shall not prevent service
at tables on a covered or uncovered terrace or porch incidental to
a restaurant.
(3) Ferry terminal.
(4) Transient or resort hotels or motels subiect to the following conditions:
-46-
1986
(-
(a) The minimum parcel area for such use shall be not less than
five [5) acres.
[b) The number of c~uest rooms permitted in the hotel or motel shall
be determined b.y, (1) the proportion of the site utilized for
'such use, ana (2) the availability of public water and sewer.
The maximum number of"c~uest units shah be one unit per 4~000
square feet of land with public water and sewer.
(5) Bed and breakfast uses as set' forth in and rec~ulated by Section
100-31B(15) of the Agricultural-Conservation District,. except that
no site plan approval is required.
(6) Fish processing plant.
(7) Fish market which may include a combination of wholesale and retail
sale of finfish and/or shellfish.
(8) Museum with nautical theme or art c~allery.
C. Acce§sory uses, limited to the following: ..
(1) Accessory uses as set forth in and rec~ulated by Section 100-31C (1)
through (7) of the Agricultural-Conservation District, and subject
to the conditions of Section 100-33 thereof.
[2) .Signs, as set forth in and recjulated by Section 100-81C (2) of Limited
Business District.
(3) Sanitary facilities and laundry facilities.
Section 100-122. Bulk, area and parkinc~l requiremenLs.
No building shall be used and no building or part thereof shall be erected or
altered in the MB District unless the same conforms with the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter, by reference,
with the same force and effect as if such regulations were set forth herein in
full.
-47-
DECEMBER 2, 1986
3-51.'
18.
Article XIII is repealed an a new Article Xltl ;s added in its place, to provide
as follows:
ARTICLE XIII
Light ~ndustrial Park/Planned Office Park (LIO) District
Section 100-130. Purpose.
The purpose of the Light Industrial Park/Planned Office Park (LIO) District
is to provide opportunity for the [oc~tion of bus[ness and professional offices,
research facilities, industrial uses and similar activities in an open, cam~s-
like setting in areas which are not appropriate for commercial activity or low
density residential development. In this area such uses can be established in
an attractive environment and serve both as a means of preserving the open -
qualities of an area and providing an area, adjacent to hamlet areas where such
uses can be appropriately developed with suitable protection for ground and
surface waters. All uses must conform to Suffolk County Health Department
standards.
Section 100-131. Use regulations.
IR a LIO District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranc)ed, intended or
desic~ned to be used, in whole or in part, for any purpose except the fgllowing:
A. Permitted uses.
1. . Any permitted uses set forth in, and as regulated by Section 100-
31A (2) and (3) of the A~riculturat-Conservation District.
2__ Any permitted uses set forth in and as regulated by Section 100-10lA
(3) to (5) of the General Business District.
Office buildincjs for businesses, c~overnmental, and professional uses,
including administrative training, data processing, publication,
financial and sales offices.
4. Telephone exchanges.
5. Buildinqs, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Uses permitted by special exception of theBoard 'of Appeals. The foilowigg
uses are permitted as a special exception by the Board' of Appeals~s hereinafter
provided, subject .to site plan approval by the Planninc~ Board.
(1) Any special exception use set forth in and as.regulated by Section
100-101 B (5), (7) and (10) of the General Business District.
(2)
Light industrial uses involyin~] the fabrication, reshaping, reworking,
assembly or combining of products from previously prepared materials
and which do not involve the synthesis of chemical or chemical products
other than for pharmaceutical or research purposes or tl~e processinq
of any raw materials except agricu rural raw matera't~. Such uses
m__ay include industrial operations such as electronic, machine parts
and small component assembly, as opoosed to heav industrial
~-~i"~-i~s such as automobile assern~b]~ ~-~ millincj activities and will
~-~ ~- to the following conditions:
(a) No such process or operation shall involve the handling, storage
or discharge of explosives or permit upon the premises any virus
or other type of infectious organisms identified with diseases
of animals or humans.
-48-
352
DECEMBER 2, 1986
C
(b) No offensive noises, gases, fumes, smoke, odors, dust,
effluent or vibrations shall emanate from such use and no
waste products shall be discharc~ed therefrom of a character
to create a nuisance or to be injurious to health or to negatively
impact groundwater.
(c) Such processes shall involve the use of only oil, gas or electricity
for fuel. '
(3) Conference facilities subject to the following conditions:
(a) Where rooms are provided for conference attendees, they shouId
be' permitted a~ the same number per acre as hotel/motel guest
(4)
(6)
(7)
(8)
(9)
units set forth in and regulated by Section 100-61B (6) of the
Resort Residential
Public utility structures and uses.
Printing or publishing plants.
Truck or bus terminals (garages, parking facilities, loading docks,
etc.
Food processing and packaging plants (not incl. udin9 fish processing
plants).
Wholesale and retail sales and repair of boats and marine items.
(10)
(11).
(12)
Boat building; boat servicing;
Restaurants.
Sauerkraut manufacturing plant.
(13)
boat storage facilities.
Basic Utility Stage II airport, subject to the following condition:
(a) Minimum parcel size shall be 100 acres.
Bed and Breakfast uses.as set forth in and as regulated by Section
100-31B(15), provided that no site plan approval is required.
C. Accessory uses:
(1)
Accessory uses on the same lot with and customarily incidental to
any oermitted or special exception use and not involving a separate
business.
(2)
Wall sic~ns as set forth in and regulated by Section 100-81C (2) (b)
of the Limited Business District, limited to a maximum size of thirty
(30) square feet in area.
(3) Freestanding or ground signs as set forth in and regulated by Section
.100-101C (3) of the General Business District~
(4) Fully enclosed storage facilities incidential to the principal use.
(.5.) Open storage as set forth in and rec~ulated by Section 100-101C (4)
of the General Business District.
(6) Indoor and outdoor recreation facilities for the exclusive use of
executives and employees of the principal use. and their families.
(7) In-service train'ng schools for employees of the principal use.
(8) Private garages for the storaqe and service of motor vehicles owned
by the owner of the principal use or the executives or employees
thereof, or visitors thereto, including the saleof them, but not to
the public generally of gasoline, oil and minor accessories.
-49-
DECEMBER 2, 1986
(9) Central heating and power plants accessory to the principal use and
the service of all structures on the premises.
(10) Maintenance and utility shops incidental to the principal use.
(11) Off street parkincj and Ioadincj. Said areas shall not be nearer than
fifty (50) feet to any lot line or street, and if c, lenerall¥ adjacent to
any street or any residence district, shall be suitable screened by
Section 100-132.
a landscaped strip of at leas~: ten {10) feet in width.
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 LIO Light Industrial Park/Planned
Office Park District unless the same conforms with the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter by reference,
with the same force and effect as if such regulations were set forth herein
in full.
-50-
3:5,4:
DECEMBER 2, 1984;
19. Article XlV (Administration and Enforcement) is renumbered Article XXVIII
and a new Article XIV is added in its place, to provide as fotlows:
ARTICLE XIV
Light Industrial (LI) District
Section 100-140. Purpose.
The purpose of the_ Light Office (LI) District is to provide an opportunity for
business and industrial uses on smaller tots than would be appropriate for the
LIO Light Industrial Park/Planned Office Park District.
Section 100-141. Use regulations.
In a LI District, no building or premises shall be used, and no building or part
of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
A. Permitted uses.
Any permitted uses set forth in, and as regulated by Section 100-
31A (2) and (3) of the Agricultural-Conservation District.
(2) Any permitted uses set forth in and as regulated by Section 100-131A
(2) to (5) of the Licjht Industrial Park/Planned Office Park District
131.
Uses permitted by special exception of the Board of Appeals. The following
uses are permitted as a special exception by the Board of Appeals,as hereinafter
provided and subject to site plan approval Dy the Plannin9 Board,
(1) Any special exception use set forth in and as regulated by Section
100-131B (1) to (11) of the Liqht Industrial Park/Planned Office Park
District.
(2) Bed and Breakfast uses as set forth in and as regulated by Section
100-31B(15), provided-that no site Dian approval is required.
Accessory uses.
(1) Accessory uses on the same lot with and customarily incidental to
any permitted or special exceotion use and not involving a separate
(2)
business.
Wall signs as set forth in and as regulated by Section 100-81C (2)(b)
of the Limited Business District, limited to a maximum of thirty (30)
square feet in area.
(3) Freestandin9 or ground siqns as set forth in and as regulated by
Section 100-~01 C (3) of the General Business District.
(4) Accessory uses as set forth in and as regulated by Section 100-131C
(3) and (7) through (10) of the Light Industrial Park/Planned Office
Park District.
~.._c_'c~ti_c,!~_._l~O0 '~_~4_2_.. Bulk, area and parkin9 requ.~,~ments.
No building or premises shall be used and no building or 1oart thereof shall
be erected or altered in the LI Light Industrial District unless the same conforms
with the Bulk Schedule and P-~'rkln~'-an'-~ Load-~i-6~ S--~he---d-uG-~ iT~o~-6,:a-t~8 into
this chapter, by reference, with the same force and effect as if suct~ regulations
were set forth herein in full.
-51-
DECEMBER 2, 1986
355
20.
Article XV (Amendments) is renumbered Article XXIX, and a new Article
XV is added in its place to provide as follows:
ARTICLE XV
Density, Minimum Lot Size
and Bulk Schedules
Section 100-150. Existincj Bulk and Parking'Schedule
The existing "Bulk and Parking Schedule" incorporated into this chapter
by reference is hereby repealed, and the Density, Minimum Lot Size, and
Bulk Schedules hereinafter set forth are substituted in place thereof.
Section 100-151. Density, Minimum Lot Size, and Bulk Schedules.
Except as otherwise provided in this Chapter, no buildinq or premises shall
be used or occupied and no buildinc~ or structure or part thereof shall be
erected or altered in a use district unless the same conforms with the Density
and Minimum Lot Size Schedul,es and the Bulk Schedules hereinafter set
forth.
-52-
3~56 ,
DECEMBER 2, 198~
-53-
DECEMBER 2, 19~,6~
3-57
-54-
-55-
DECEMBER 2, 1986
359
-56-
21. Chapter 100 is amended by adding a_~new ,'~,,'ticle thereto, to be Article XVIII, _
to provide as follows:
ARTICLE XVlll
Cluster Development
Section 100-180. Purpose.
The purpose of this orovision is to encourac~e flexibility and ,novation in the desic~n
of residential development that cannot be achieved on many sites throucjh adherence
to traditional zoninc~ and subdivision regulations. Further~ the application of
the cluster development technique is intended to achieve:
A. Maximum reasonable conservation of land and protection of c~roundwater supply
and groundwater recharcge areas.
B. Preservation of acer,cultural activity by encoura~in~ retention of large continuous
areas of acer,cultural use.
C. Variety in type and cost of Cesidential development, thus increasing the choice
of housincg types available to Town residents.
Preservation of trees and outstanding natural features, prevention of soil
erosion, creation of usable open space and recreation areas and preservation
of scenic qualities of open space.
E. A shorter network of streets and utilities and more efficient use of en. erc~¥
than would be possible through strict application of standard zoning.
Section 100-181. Applicability.
On lots of ten (10) or more acres in the Agricultural Conservation, the R-
40 and R-80 Districts and the. Low Density Residential R-120, R-100 and
400 Districts, clusterinc, l will be required, subject to the followinc~ conditions:
(1.)
The residential use will be single family detached homes for lot sizes
of 30.000 square feet or larger; and detached or attached houses for
lot sizes less than 30,000 square feet.
(2__) The density of these homes will be as specified in the particular district
and determined as indicated in s~bsection C below.
(3__) 'Fhe ~inimum lot size shall be:
a. without public water and sewer
30.000 square feet
20,000 square feet
b. with public water
c. with public water and sewer
10,000 square feet
B. In the Low Density Residential Districts, to wit. the A-C Aqricultural Conservati
R-80, R-120, R-200 and R-400 Districts, cIusterin~ is permitted and may
be mandated by the Plan;finq Board in the exercise of discretion, without
the requirement that the owner make written application for the use of such
procedure.
C. Determination of density and zoninq modifications.
(1)
An application for cluster development shall include a map or maps show,n9 ~
the proposed cluster design or designs offered for consideration by
the Planning Board, toc~ether with a map which shall be prepared for
consideration as a standard subdivision conforming to all recluirements
of the ZoninQ Code and subdivision regulations of the Town of Southold.
(2)
The total buildinc~ lot yield of the standard subdivision shall be ~Jsed
to determine the yield in the number of buildin~ ors which the P~anninq
Boarc~ may 9rant in a cluster development. A cluster development desic~n
may be prepared for any contiguously owned holdinqs, whether or not
they are separated by an existin9 street offerinq direct access to such
holdings. In all other cases, the holdings shall be considered as separate
pa rcels.
-57-
DECEMBER 2, 1986
36'1
Do
(3)
In a cluster development, lot area, width, depth, front yard,
rear yard and side yards may be reduced to less than the minimum
requirements set forth in the Bulk Schedule, provided that such
modification or changes shall not result in a greater average
density or coverage of dwelling units than is permitted in the
zoning district wherein the land lies.
The area Of a cluster'development shall be in Single ownership or under
unified control.
Prior to (he issuance of a building permit in a cluster development, a site
plan shall be submitted to and approved by the Planning Board in accordance
with Article XXV of this chapter and the following conditions:
(1) Said site plan shall include areas within which structures may be
located, the height and spacin9 of buildings, the location of open
spaces and th.ei.r landscaping, off-street open and enclosed (if any)
parkin9 spaces; and streets, trails, sit~e easements and recreation
facilities, driveways and any other phylsical features relevant to the
proposed plan and determined to be necessary by the Planning Board.
(2) Said site plan shall include a statement setting forth the nature of
all proposed modificatio, ns of existing zoning provisions.
Nothing contained in this chapter shall relieve the owner or his agent or
the developer of a proposed, cluster development from receiving final plat
approval in accordance with the Town subdivision regulations. In approving
the final plat for a cluster development, the Planning Board may modify
the acreage requirement for recreation areas as se;, ~orth in the Town's
rules governing subdivision review, provided that the common land dedicated
meets all other requirements of the Town subdivision regulations.
G. Common Areas.
(1)~ The Planning Board shall establish such conditions on the ownership,
-use, and maintenance of common areas, including open space, as it
deems necessary to assure the preservation of such areas for their
intended purpose. Common areas and/or op_e.n space may either be
- I:etained by a condominium corporation or it may be deeded to a homeowner
or homes association comprised of the residents of the subdivision
and reserved for their use or other nlechanism acceptable to the Town
Board and Town Attorney. Said common areas may be used for agricultur~
use, for passive recreational uses, for vi:sual amenity and[or nature
(2)
s.tudy, or for necessary accessory uses s;uch as parking.
A cluster development shall be organized as one of the following:
condominium corporation; a Homes or a Homeowners Association
aporoved by the Federal Housing Administration for mortqage
insurance as a Planned Unit Development, and the Town Board; a
Homes Association approved by the Town Attorney and Town Board;
or any other arrangements approved by the Town Attorney and Town
Board as satisfying the intent of this chapter. Whenever a Homes
Association is proposed, the Town Board shall retain the riqht to
review and approve the Articles of Incorporation and the Charter
and bylaws of said Homes Association and any amendraents or revisions
w, atever
ti~ereOf, and to require h conditions deemed necessary to
ensure that the intent and purpose of this chgj?ter are carried out.
lis consideration of said approval, the Town Board shall, in part,
r_ectuire t;'~e cluster development to meet the followin_cj_conditions:
A Homes Association shall be established as a not-for-prol'it corpora-
tion operating, under recorded land acjreements through which
each lot owner., and any succeedinq owner according to the deed
to each unit, is automatically a member, and each lot is automatically
subject to a charge for a oroDortionate share of the expenses
-58-
362
DECEMBER 2, 19~
C
(b)
(c)
(d)
for the orc~anization's activities including real property taxes
and the maintenance of the'~:ommon land and facilities.
Each lot shall be subject to a lien in the event of non-payment.
by the owner thereof of his proportionate share of the expenses
for the association.
Title to all common property shall be placed in the Homes
Association, or definite and acceptable assurance shall be. given
that it automatically will be so placed within a reasonable period
of time.
Each lot owner shall have equal voting rights in the Association
and shall have the right to the use and enjoyment of the common
property.
Once established and title to the common land is conveyed to
the Homes Association, all responsibility for operation and maintenan¢
(e)
of the common land and facilities shall !ie with the Homes Association
Dedication of all common areas shall be recorded directly on the
~nat plat, and/or bY reference On that plat to a dedication in
a separately ri~corded"document. Resubdivision of such areas
is prohibited. The dedication shall:
(1) Save the title to the common property to the Homes Association
(2)
(3)
(q)
free of any'cloud of implied public dedication.
Commit the developer to convey the areas to the Homes
Association at an approved time.
Grant easement of enioyment over the area to the lot owners,
subject to restrictions as shall be imposed b.~recorded
restrictive covenants.
Give to the Homes Association the right to borrow for
improvements upon the security of the common areas.
Grant to the Homes Association the right to suspend membershiI
rights for nonpayme__nt ofas__sessments or infraction of establish~
rules.
Covenants shall be established, limiting all lots to one-family use and all
common lands to open space uses approved by the Town Board. No
structures may be erected on such. common lands except as shown on the
approved site plan and apPrOved by the Town Board. Such deed restriction
or cove~ant shall specifically prohibit any development for other than
open space or agricultura~ .use on the specified open Ia,~d andjor conservation
area.
-Each deed to each lot sold shall include by reference all recorded declarations
and other restrictions including as,sessments and the provision for liens
for nonpayment of such.
The Homes Association shall be oe~petual; It shall purchase insurance,
pay taxes, spec_if¥ in its charter and.bylaws an annual homeowner's fee,
ma_.k_e_j~rovision for assessme'nts an_d_provide that all suc..h___ch.,a__r__~q~_s., b.ec~o_m_.e_
a lien on each lot in favor of said Association. The Association shall
J~a'v-~-~}~-~ right to proceed it~ accordance with all necessary lega action
f~)-r--~F[~"-~:losure and enfbrcement o~-Tie-A~s, and it shall also have the
.ri_~.ht to commence action ac~ainst any member for the collection of an~_
unpaid assessmen~ in an~' court of compentent jurisdiction.
K. The develooer shall assumeiall responsibilities as previously outlined for
the Homes Association until!a maiority of the dwelling sites are sold, at
which time the Homes Association shall be automatically established by the
developer at the deve!o?er's expense, and title to the common area conveyed
by the developer to the Homes Association.
-59-
DECEMBER 2, 1986
C C
'36 3
Prior to plat approval, the developer shall file a performance bond
with the Town Board to ensure the proper installation of all required
i_improvements, including recreation improvementS, and a maintenance
bond to ensure the proper maintenance of all common lands until the
Homes Association is established and title to the common lands conveyed
to the Homes Association. The amount and terms of said bonds, and
the form., suffic_i, enc._y, manner of execution and sufficiency of the surety
shall be approved by the Town Board and the Town Attorney.
The certificate o'f incorporation of the organization and its by-laws
shall contain the followin~ provisions and notice of said provisions
shall be specifically given in any brochure or prospectus issued by
the developer~, namely:.
(1) That such organization is established to own and maintain common
open space or common elements and that if such organization,
or any successororganization, shall at any time after title to
such common land and other common elements is conveyed to it
shall, fail to maintain the common open space and other common
elements in reasonable order and condition in accordance with
the plan proposed, the Town Board may cause a written notice
to be served by certified mail upon such organization, at its
address as shown upon the last com~!eted town assessment roll,
or in the same manner upon the owners of the lots in such
subdivision at their address as shown upon the last completed
assessment roll, which such notice shall set' forth (a) the
particulars in which the common open space and other common
elements have not been maintained in reasonable order 'and
condition; (b) a demand that such deficiencies in maintenance
shall be remedied within thirty (30) days from the date of such
notice; (c) that upon the failure to remedy such default in
maintenance, within the time spec!fled, that the Town Board will
hold a hearin9 upon the matter up. on not tess than five (5} days'
notice in writing sent by certified ,mail to such organization or
to such lot owners; (d) that after such hearing, the Town
Board may take such action as it deems appropriiate to provide
for the proper maintenance of such common open space and common
elements, and that any and all costs ahd expenses incurred by
the Town for such purposes may be assessed upon all of the lots
in such subdivision and be collected in the same manner and at
the same time as real oroperty tax~s are collected in 'the Town
of Southold.
The Town Board, in order to insure that the open space will be used
for its intended purDoses,, shall have the continuing .right to impose
building controls and restrictions on the use and maintenance of the
common open space lands.
-60-
22.
Chapter 100 is amended by adding a new Article thereto, to be Article XlX,
to provide as follows:
ARTICLE XIX
Parkincj and Loading Area
Section 100-190. Purpose.
R~ulations for off-street parking and truck Ioadin_~_areas are imposed in order
to minimize traffic conciestion, air pollution, the risk of motor vehicle and pedestrian
accidents, and to address aesthetic considerations.
Section 100-191. Off-street parking areas.
Off-street parking spaces, open or enclosed, are permitted accessory to any
use specified below. Any land which is developed as a unit under single ownership
and control shall be considered a single lot for the purpose of these parking
regulations. Reasonable and appropriate off-street parking requirements for
structures and.uses which do not fall within the categories listed below shall
be determined by the Planning Board upon consideration of all factors enteri.nc,]
into the parking needs of each use. For those uses not specified in the schedule,
there shall be a periodic monitoring of off-street parking conditions to insure
that the purpose of this article is satisfied. In addition, the Planning Board
may waive all or a portion of these requirements within the Hamlet Bu~siness
District where it shall find that municipal parking facilities within three hundred
(300) feet of the proposed use will adequately serve the proposed use.
-61-
TYPE OF USE
REQUIRED NUMBER OF PARKING SPACES
Accessory apartment in existing
one-family dwelling.
Antique shop, auction gallery, arts
and crafts shop and workshop
Apartment over store
Auditorium, meeting hall
Automobile laundry
Bank
Beach club or swim club
Bed and breakfast enterpr'ise
Boarding house, tourist house
Boat and marine engine repair and
and sales, if separate from marina
Bpatyard, including boat sales and
rentals
Bowling Lane
Building, electrical or plumbing
contractor's business or yard
Cold storage plant
College
Conference facilities
Drinking establishments
Fish market, including wholesale and
and retail sale of finfish and/or
shellfish.
Food processing and packaging,
including fish processing
One per accessory apartment in addition
to two for .one family dwelling.
One per 250 square feet of sales area.
One per apartment in addition to business
rec~ uiremen ts.
One per 50 square feet of seating area,
but not less than one per four seats where
provided.
One per, employee plus a ten space queuing
line area for each laundry bay.
Ten spaces or one space for each 100 square
feet of gross floor area or three spaces per
teller, whichever is greatest plus a five
si)ace queuing area for each drive-in teller'.
Two spaces per three members.
One space per guest room in addition to
residential requirements.
One space per guest room in addition to
residential requirements.
One space per 250 square feet of c~ross floor
area.
Sales and rental portion, three spaces, in
addition to marina requirements.
At least four spaces perlane.
One space for each employee plus two spaces.
T.hree spaces or one per 800 square feet
of gross floor area.
.5 spaces per student plus .75 space per
staff member.
O.ne space per four seats in the largest assembly
hall or meeting area plus one space for each
four seats in classroom facilities.
One space per three seats orone space per
100 square feet of floor space, whichever
is greater.
One space per 200 square feet of gross floor
area.
· 75 spaces per employee or one space per
500 scluare feet of gross floor area, whichever
is c~reater.
-62-
366
DECEMBER 2, 1986
Fraternal or social office or meetinc~
hall
Funeral home
Gasoline service station, partial
self-service
Gasoline service station with minor
indoor repair facility
Greenhouse, floral shop, flower shop,
nursery, or similar facilities either
enc~losed or unenclosed.
Home occupation, including home
professional office, except physician
or dentist
Hospital
Hotel, motel, resort and transient
Inservice training facilities for
employees
Laundry plant, dry cleaninc~ plant
Laundromat
Library, m?seum, art gallery
Light industrial uses
Mariculture/aquaculture business
Marina
Membership club, country club, golf
club or golf course public, tennis
club
Motor vehicle, mobile home sales room
or outdoor sales lo} including
rental of equipment
Multiple dwelling (;~hree or more
families}
See office.
One space for each three seats provided
herein or one space for eachlO0 square fe~
of space available for public
u_s?, wl~ch_ev, ~,{
is 'c~reater with a minimum of 25 spaces.
Three space queuing area for each pump
plus one spac~ for e~ch employee.
Same as cjasoline service station above plus
two for each bay.
One space per employee plus three spaces~ I
or one space per 200 square feet of sales and/or!
display area whichever is greater. ]
Three spaces per home occupation plus two
spaces required for sinqle famil~ residence.
One space for each bed.
One space for each guest room and one for
each employee or one space per guest
room, whichever is greater, plus accessory
use parking as required.
See conference facilities.
One per employee plus one per 200 square
feet of customer service area.
.75 per washinq machine.
See auditorium.
One per employee or one per 500 square
feet of floor area, whichever is greater.
See light industrial.
One space per boat slip, mooring, dock
space or similar unit of capacity, plus one
space per employee.
At least one for each two members or accommod:
tions (such as lockers), whichever is greater,
plus one for each employee.
One per each 600 square feet of showroom
and sales lot area plus one per employee.
Studio
1 bedroom
1.5 per dwelling unit
1.5 per dwelling unit
2 bedroom 2.0 per dwelling unit; .25
spaces are required for each
bedroom in excess of th~-
first two bedrooms.
-63-
DECEMBER 2, 1986
-3-67
Nursing home, proprietary rest home
Office: business governmental and
professional except phys~czans or
dentists.
Offic~i ~ ~f0'~'~hy§ician or dentist
One-family detached dwelling
Personal service shop: barbershop,
beauty parlor
Philanthropic, eleemosynary or
religious institution
Place of worship
Printing or publishing plant
Professional studio, travel agency
Recreational facility, fully enclosed,
commercial
Repair garage
Repair shoo for household, business,
or personal appliances
Research design or development
laboratory
Restaurant, drive-in, curb service
or fast food
Restaurant (except drive-in)
Retail sale or rental of fishing, diving
or bathing supplies or equipment;
ship's loft or chandlery
Retail shop or store (other than those
listed herein)
Roadside farm stand
School, elementary
School secondary
Shop for custom work and for making
articles to be sold at retail on the
premises.
One for each bed.
One per 100 square feet of office floor area.
Five spaces per physician or dentist.
Two spaces per dwelling..
2.5 spaces per service chair.
One space per bed.
See auditorium.
See light industrial.
See office.
One space for each 300 square feet of gross
floor area except: court sports--five spaces
per court--and rink sports--one space per
200 scluare feet of rink area.
Four spaces per bay plus one space pe.r.
employee.
One .space per 200 square feet of customer
serwce area.
See light industrial.
One space per two seats or one space per
50 square feet of fl&or space, whichever
is greater.
One space per three seats or one space per
100 square feet of floor space, whichever
is c~reater.
If separate use, see retail shop; if accessory
use one space for each employee plus two
spaces in addition to primary use.
At least one per 200 square feet of gross
floor area.
Minimum of four spaces per stand.
Two spaces per classroom plus auditorium
requiremer, t.
Two spaces per classroom pl~s one oer ten
students er auditorium requirement, wi~ichever
is greater.
See retail store.
-64-
368
DECEMBER 2, 1986
Storac~e yard
Theater or cinema, other than outdoor
One space per employee plus four spaces
or one space for each 5,000 square feet
of storacje area, whichever is greater
See auditorium.
Tourist camp
One space for each
space for each employee
for visitors.
Townhouse
Two-family detached dwelling
Veterinarian and animal hospital
Warehouse or storage building
Wholesale business, includincj lumber
and other building products
Wholesale/retail beverage distribution
Wholesale/retail nursery and]or sale
of plants
Yacht club
See multiple dwelli.n~ unit.
Three spaces per dwelling.
Two spaces per employee or one space per
200 feet of gross floor area, whichever is
greater.,
One per 1,000 square feet of gross floor
a rea.
One per 1,000 square feet of 9ross floor
a rea.
One space per 150 square feet of gross floor
area ·
One space for each 200 square feet of gr~oss
floor.area for retail use or one space for ~
e~ch employee plus three spaces t-or~wholet!~il~
use with minimum of four spaces. !ii~I'
Same as marina.
-65-
DECEMBER 2, 1986
369-
B. Areas computed as parking spaces. Areas which may be computed as open or
enclosed off-street parking spaces include any private garage, carport or other
area available for parking, other than a street or a driveway. However, a
driveway within a required front yard for a one-family or two-family residence
may count as one parking space.
C. Size of spaces. Three hundred and fifty (350) square f~e[ shall 'be considered
one parking space (to provide room fo'r standing area and aisles for maneuvering).
Aisles between rows of parking spaces sha]l be not less than twenty-two (22)
feet wide, unless reduced for sixty (60) degree angle parking, in which cas~
the aisle space should be not less than sixteen (16) feet wide. Entrance and~
exit lanes shall not be computed as parking space except for driveways for one-
family and two--family residences. The minimum parking st~ill width shall be
nine (9) feet and the minimum lenc~th shall be nineteen (19) feet.
D. 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 parking areas
with more than four (4) spaces but less than twenty (20). spaces, and at least
two (2) ten (10) foot lanes for parking areas with twenty (20) spaces or more.
No entrance or exit for any off-street parking area shall be located within fifty
{50)'.feet of any street intersection, nor exceed a grade of six (6) percent
within twenty~five (25)ifeet of any street line nor ten (1'0) percent at any
other poi'hr. All points of ingress or egress shall be appropriately sic~ned,
Unless such:s:icjnincj is ~onsidered unnecessary by the plan~ing Board.
E. Drainage and surfacing. Al open parking areas shall be property drained
.w. ithin the premises an~J all such areas sh,~ll be provided ~ith a dustless
surface, except for parking spaces accessory to a one-fami y or two-family
~"esidence. C~Jrbs, l~aving, sidewalks and drainage facilities shall comoly with
standards established in Town ordinances, rec~ulations or specifications and shal b'~
apF~roved and constructed under the superv ~-fi o-f-tTq-e 5uper~nt-~'n--d~'-~-t~ot H~ahwavs
or his ag_en~t..
Go
Joint fac~]i¥ies. Required parking spaces, open or enclosed, may be provide~ '
in spaces des gned to serve jointly two or more establishments, whether or not
located on the' same lot, provided that the number of required spaces in such
joint facilities shall be not less than the total required for all such establishments.
Combi~d's~aces. When ~ny lot contains two (2) or more uses having different
parking requirements, the parking requirements for each use shall apply to
the extent of that use. Where it can be conclusively demonstrated tha~ one or
more such uses will be generating a demand for parking spaces primarily during
I~riods when the other use or uses is not or are not in operation, the Planning
Board may reduce the total parking spaces required for that use with the least
requirement.
FI. Location and ownership. Reouired accessory parking spaces, open or encoserl,
shall be provided upon th~ s~me lot as the us~ to which they are accessory or
elsewhere, provided that all spaces therein are ocated with two hundred (20~)
feet waiking distance Of'such Int. In all cases, such parking spaces shall
conform to all the regulations of the district n wh ch parkin~ spaces are
Iocated~ and in no event shall :such parking s~aces be located in any residence
district unless the use to which the spaces are' accessory is permitted in such
r_e~si_d_e_n,'_c_e ._dI~trict or upon a~prova by the Board of ApF;ea s. Such soaces shall
b._e.i.n t]~e g~e ownership asTthe use Lo which they are acce~o,~-'~-~d-s~al~
througho._~,t the existence of such use to wh ct~'-~-h-ey
in accordance with subs~'~n (A) of Section lO0-J~j~ -
I. Lots divided b~ d~strict boundaries. When a ~ark~ lot is located partly n
" in an°ther district, t~e~l~tio~-'~=-t~ji~.[~[~ctuirir~(
the ~redter number of parkm spaces~ a I to '
-66-
C
spaces on such a lot may be located without regard to district lines, provided
that no such parking spaces shall be located in any residence district unless
the use to which they are accessory is permitted in such district or upon
approval of the Board of Appeals.
J. Parking regulations in multiple-dwelling or attached-dwellin~ development
Lo
(1.)
Wherever space is provided for the parkin~ of five or more vehicles
in the open, such spaces shall be individually identified by means
of pavement markings.
(2__) No parking space shall be located in any front yard nor within ten
feet of any lot line in'side or rear. yards.
(3.)
The parking of motor vehicles is prohibited within fifteen (15) feet
of any wall or portion thereof of a two or more family dwel lng, which
wail ~ontains Windows .(other than bathroom or kitchen windows) with
a sill height of less than eight (8) feet above the level of the said
parking space.
(4.)
No service of any kind shall be permitted to be extended to users
of the lot, including, automobile service, repair or fueling, and no
g~soline, oil, ~rease or other supplies shall be stored or sold in any
such lot or in any garage on such lot.
(5.)
Parking areas shall be screened by a substantial wall, fence or thick
hedge, approved by the'P[annin~ Board. Generally, such screening
shall not I~e less th~n'fou~' (4] feet nor more than eight (8) feet in
height.
Regulations for parkinc~ spaces adjacent to lots in any residence district.
(1.)
Wherever a p~rking area of over five spaces abuts or is within fifteen
(15) feet of the side or rear lot line of a lot in any residence district,
the said parkincj !or shall be screened from such adjoining lot by a
substantial Wall, fence or thick hedge, approved by the Planning
Board. Generally; such screen shall be not less titan foUr (~) feet
nor more than eight (8) feet in height. -'
(2__)
Whenever a parking a~ea.of over ~ive (5) spaces is located across
the street from other land in any residence district, it shall be screened
from the view of such!land by a thick hedge, wall or fence, approved
by the Planning Boardi, located along a line drawn parallel to the
street and a distance of twenty (2(3) feet therefrom, such screening
to be interrupted 0nly ~itl.pOints of: ingress and egress. Generally,
no.such screenin~ shall be less than four (4) feet nor more than six
(6) feet in height. The open area between such screening and the
street Shall be landscaped in harm~°ny w th the landscap n~ preva lng
on neighboring p;-ope~ties fronting: on the same street. Two (2)
identification and; dire~:tiOna[ siCns located on the street Side of such
- screenin~ shall be:perlmit!ted; however, they shall not exceed an area
of three (3) scjuat*e fe~t each.
Driveways. No driveway shall pcovide access to a lot located in another
district, which lotlis used for any use proh b ted n the district in which
such driveway is located.
Parking for special except.lot, uses - Notwithstandinq a~;y o~her provis!on_s-
of ti"ds chapter, the Plla.nn,ing, Board may increase the parkinc~ recluirelnents
for special exception L~s~es'iby up to one hundred fifty (150%) percent of
the minimum parkipg r]eqUiremen~s, if it determines that such additiona_l.
park ng requirements are necessary by reason of the nature= of th~ use
and/or lhe characteristi~cs o¢ithe site.
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DECEMBER 2, 1986
371
N. Traffic storage. Ail uses shall provide sufficient space on the same lot
so that any storage lanes for traffic will be provided for and will not
obstruct traffic or utilize public rights-of-way.
Illumination. Off-street parking areas should be adequately illuminated
for convenience and safety, but no lighting for. parking areas shall cause
glare on adjoinincg properties.
P. Connections between abutting parking areas. Where appropriate, the
Planning Board may require paved connections between abutting parking
areas in different ownerships, so as to facilitate the flow of traffic.
Q. Supplemental regulations for private garages and off-street parking areas
in residence districts.
(1.) Commercial vehicles.
One commercial vehicle ngt exceeding twenty-five (25) feet in
length may be parked on an occupied lot in any residence district,
but not within the required yards of such lot and in no case
l~'~tween the street line or side linesandthe principal building.
(b~.)
One commercial vehicle'not exceeding twenty-five (25) feet in
length may be parked within a private garage in any residence
district.
(c__) Commercial farm vehicles are permitted as accessohy to a commercial
(2.)
farm use in any residence district.
Traile~'s and recreation vehicles. The storage or parking and use
of a travel trailer or a recreation vehicle by any person or persons,
except as hereinafter provided, is prohibited in all residential districts,
except that:
( a~ The keeping ,or storing of one camp-type travel trailer or
recreation vehicle is permitted on a premises, if it is either
owned or rented by the occupants of such premises and is not
kept for purposes of sale or rental and is used solely for the
personal use of such occupants. Such camp-type travel trailer
or recreation vehicle.shall not be occupied as living quarters
at any time, and.shall be secured in place in the rear yard not
nearer than fifteen (15) feet to a side or rear lot line or to the
street, and the doors thereof shall be kept securely locked.
(b)
Such vehicle may not be parked, within ten (10) feet of a one
or two family dwell'in9 or fifteen (15) feet of a multiple dwelling.
Boats. One boat may be parked in the rear yard of any occupied
16t not nearer than fifteen' (15) feet to a rear or side line or to any
street.
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,372
DECEMBER 2, 1986
C C
Section 100-192. Off-street loading areas.
Off-street loading berths, open or enclosed, are permitted accessory to any
use (except one or two-family residences), subject to the follo, win~ .provisions:
Uses for which required. Accessory off-street loading berths shall be
provided for any use specified below.. Any land which is developed as
a unit under single ownership and control .shall be considered a single lot
for the purpose of such Ioadinc~ requirements.
(1.)
For a public library, museum or similar quasi-public institution,
governmental building, community center, hospital or sanitarium,
nursing or convalescent home, institution for children or the aged
or school, with a floor area of five thousand (5,000) totwenty-five
thousand (25,000) square feet, one(I) berth; for each~additional
twenty-five thousand (25,000) square feet or fraction thereof, one
(1) additional berth.
(2.) For buildings with professional, governmental or business offices
or laboratory establishments, with a floor: area of five thousand (5,000)
to twenty-five thousand (25,000) square feet, one berth; for each
additional twenty-five 'thousand (25,000) square feet or fraction
thereof up to one hundred.thousand (100,000) square feet, one
additional berth; for each additional fifty thousand (50,000) square
feet or fraction thereof, one additional berth.
(3.) For buildings with offices and retail sales and service establishments,
one berth for five thousand (5~000) to twenty-five thousand (25,000)
square feet of floor area, and one additional berth for each additional
twenty-five thousand (25,000) square feet of floor area or fraction
thereof to be used.
4.) For undertakers and funeral homes, one berth for each chapel.
(5.) For hotels, one berth for each two thousand five hundred (2,500)
square feet of floor area.
(6.)
For manufacturing, wholesale and storage uses and for dry-cleaning
and rug-cleaning establishments and laundries, one berth for five
thousand (5,000) to ten thousand (10,000) square feet of floor area
in such use, and one additional berth for each additional ten thousart
(10,000) square feet of floor area or fraction thereof so used In
addition, adequate reserved parkinc~ for waiting trucks shall be
provided.
Size of spaces. Each required loading berth shall be at least fifteen (15)
feet wide, fourteen {14) feet hic~h and forty-five (45) feet long, and in
no event smaller than required to accommodate vehicles normally using
such berths.
-69-
C. Location and access. Unobstructed access at least fifteen (15) feet wide,
to and from a street, shall be provided, Such access may be combined
with access to a parking lot. All permitted or required loading berths
shall be on the same lot as the use to which they are accessory, except
as provided in subsection D below. No entrance or exit for any off-street
loading' area shall be located within fifty (50) feet of any stree~ intersection.
No off-street loading berth shall be located in any required front yard.
Joint facilities. Permitted or required loading berths, open or enclosed,
may b~'provided in spaces desicjned to serve jointly two' (2) or more adiacent
establishments, provided that .the number of required berths in such joint
facilities shall not be less than the total required for all such facilities.
Lots divided by district.boundaries. When a lot is located partly in one.
district and partly i.n another district, the regulations fo~ the district
requiring the greater number of loading berths shall apply to all'of the
lot. Loading berths on such. lot may not be located in any residence district
unless the use to which they are accessory is permitted in such district
or upon the approval of the Board of Appeals.
-70-
23.
Chapter 100 is amended by adding a new Article thereto, to be Article XX, to
provide as follows:
ARTICLE XX
Signs
Section 100-200. Purpose.
The purpose of this article 'is tO reg,ulate existing and pr/oposed signs in order
to:
A. Protect property values.
B. Create a more attractive economic and business climate.
C. Enhance and protect Southold's physical appearance and environment.
D. Preserve the historic and architectural heritage of the Town.
E. Provide a more enjoyable and pleasing community.
F. Reduce sign or advertising distraction and obstructions that may contribute
to traffic accidents.
G. Reduce hazards that may be caused by signs overhanging or proiectincJ
over public rights-of-way.
Section 100-201. Permits required and administrative procedure.
A. The provisions of this article shall apply in all districts.
B. Except as otherwise provided in this chapter, signs shall not hereafter
be erected, structurally altered, enlarged, or moved or reconstructed
within the Town unless a permit is obtained from the Buildinq Inspector,
and payment of the required fee per sign' in accobclance -witl~ tine l-own
of Southold fee as specified in subsection F below.
The following two operations shall not be considered 'creating a new sign
and therefore shall not require a new sign permit:
Replacing copy. The changing of the advertising or message on an
approved sign which is' specifically designed for the use of ~'eplaceable
copy.
Maintenance. Painting, cleanin~ and other normal maintenance and
repair ora sign or a sign structure, unless a structural change is
made or there is a change in messaqe.
Application. for a sign permit shall be made on a form provided by the
Building Inspector which application shall include:
1. Name, address and telephone number of the applicant.
2. Name, address, telephone number of sign maker.
Location of build!ng, structure or land to which or upon which the
sign is to be erected.
4. Color photo-of building upon whic. h. sign is to erected.
-71-
DECEMBER 2, 1986
375
5. Size of sign.
A description of the construction details of the sign, sh.o.wing the
letterinc~ and/or pictorial matter composing the sit, n; position of
lighting or other extraneous devices.
Sketches drawn to scale and sup. porting information indicating location
of sic~n, colors, size and types of ~ettering or other cjraphic representation
and materials to be Used, electrical or other mechanical equipment,
· details of its:attachment and .hanging. Samples of materials should
accompany the application,' ~wh~re required by the Building Inspector.
The Written~consen~t of the oiwner of the property upon which such
sign or signs is or are~to' be, ;erected and ~naintained. In addition,
such sign.application shall be accompanied by a fee as established .
by the Town Board of the Town of Southold.
9__ Such other pertinent information as the Building Inspector may require
to insur~ compliance with this Article.
D. The Building Inspector shall review the proposed sign with respect to all
c~uantitative factors o
The Planning Board may approve si:c~ns which differ from the quantitative
requirements set forth in this article, provided that a finding is made that
said sign or signs conform to the general design principles outlined in
Section 100-202 hereof, and provided further that no sic~n shall violate
the sign prohibitions and general restrictions listed in section 100-20~
herein.
E. After approval or approval with conditions by the Planning Board, tf~e
Building Inspector shall issue a permit in accordance with all applicable
requirements.
No sign permit shall be issued prior to payment of a fee of twenty-five
($0.25) cents per square foot of sign area, but in no event shall such fee
be less than five (SS.00) dollars.
Section 100-202. General design principles appl¥in~ to signs.
Decisions on review of signs shall be guided by the following general design
principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
C. Signs should be as close to the ground as possible, consistent with required
safe~y and legibility considerations.
D__._ A s,~:jn should hav~ an appropriate size relationshipt_o thee .b.uildin_~L?pon
which i~ is placed.
-72-
.~E. Whenever feasible, multiple signs should be combined into one sign to avoid
clutter.
E A si~n should not impair the visual effectiveness of neighboring signs.
- Garish colors and materials should be avoided.
Signs which have dark backc~round colors and light letters are preferred
in order to minimize the apparent size of signs within the streetscape..
I . Generally, signs on the same building should be within the same horizontal
band, and be of a similar heic.]ht.
J. Except in carefully designed circumstances, signs should be integrated
with fences, walls or buildings; and not freestanding.
Sign material should be durable,, requiring little maintenance; use of
material such as corrugated plastic., natural aluminum, bulbous plastic
letters, nontextured plastic, and glass tile should be avoided.
Section 100-203. Sign prohibitions and general restrictions.
A. Unless otherwise provided herein, nonaccessory sicjns, billboards, and
mobile signs shall be prohibited in all districts.
Flashing signs, including any sign or device on which the artificial light
is not maintained stationery and constant in intensity and color at all tim
when in use are prohibited,
C. Signs which compete for attention with, or may be mistaken for, a traffic
signal are prohibited. No sign shall be erected in such a manner as to
obstruct free and clear/vision for drivers, interfere with, mislead, or
confuse traffic, or be located wh~re, by reason of its position, shape,
or color, such sign may interfere with, obstruct the view of, or be confused
~with, any authorized traffic sign, signal, or device by making use of the
words "stop", "look", or any other word, phrase, symbol or character,
or red, green, or amber illumination or reflection.
D. Roof signs shall be prohibited.
E_ Signs made out of cardboard', paper, canvas or similar impermanent material
are prohibited.
F. Standard, approved methods of constant illumination shall be permitted
on ground signs, wall signs, and hanging signs, provided, howevet:, that
the illumination shall be concentrated upon the area of the sign so as to
prevent direct glare upon the street or adjacent property.
Signs with visible moving, revolvincj, or rotating parts are prohibited.
Except for holiday seasons or a period of fifteen (15) days from the date~-~
~-~-'a~---~'~a'~-a opening, no si_~n or part thereof shall consi~t-~f--~-n~-~-t~
~-b-~or~,,-streamers, spinners, or other s~milar moving, f~'~'~-i~ ~
revolv i.ng devices.
I. Siqns noting that a property has been sold are prohibited.
-73-
No portable or temporary sign shall be placed on the front face of any
buildinc] or upon any Io~ except as provided in Section 100-205 Gherein.
No signs other than sic]ns placed by agencies.of the 9overnment shall be
erected on any pub!lc ~r0perty, unless consent is first obtained from the
Planning Board. No sg~ shall be placed on any private property without
t-~-e~-~-~er~t Of the own~r'thi~eof. No s gn. shall be placed or pain~ed-~--
any tree or rock. No sign ~ha-II be placed On any',utility pole except for
utility identification or similar purposes.
Section 100-204 Limitation of sign content or copy.
Information displayed on signs shall be limited to the name, address, and nature
of the business and products available or activity for which the buildi.ng or
prem:ises is used.
.Secti0n 100-205 Regulations.r. egarding specific types of signs.
A. Illuminat~ed signs.
A sign illuminated by electricity from outside or within or equipped
in any way with electric devices or appliances shall conform with
respect to wiring and.appliances to the regulations of the New York
State Board of Underwriters and shall bear the stamp of said Board.
All wiring shall be self-enclosed in metal raceways.
Freestanding and' ground signs· Except for required cautionary or
traffic control siqns~ . one freestanding si~ln shall be permitted for each
frontage of a property on a public street or way where a buildinc] is setback
at least twenty-five (25) feet from the s~reet line. Such signs are limited
to either pole si~]ns w~th no c]uy wires or .si~.ns permanently affixed .to a
fence or other wall separate from the principal building. All ground sic~ns
shall be located within and not overhan~t the property line. The location
and desitin of such signs shall be chosen so as not to present a hazard
to pedestrian or vehicular traffic and shall be twenty-five (25) feet from
each side line and fifteen (15) feet from the front and/or rear. property
line. The maximum heic]ht of such s~ns shall be fifteen (15) feet.
C_.._ Shoppinc~ center directory sic]ns.
1. The term "directory sign" shall mean any sign containinc] a list of
-- names of business establishments located within a shopping cen[er.
Each shoppinc~ center shall, as a whole, be allowed one free-standinq
dire. c.t.ory sic~n on the premises to be used for the purposes of identifyin!
the shoppin~ center and the various business establishments located
-74-
37'8-'
DECEMBER 2, 1986
within the shopping center where the building or buildings are setback
twenty-five (25) feet from the street line. No advertising of any
sort shall be allowed on such s gn. Said sign shall not exceed
fifteen (15) feet in height, measured from the top of said sign to the
mean level of the ground surrounding the' ~upport of said si~n.
I~J'siness establishment name shall occupy no ~ore than ten (10)
'feet in total area. Said si~n. shall comer Y with a other applicable '
provisions of this chapter.
A permit issued by. the Building Inspector shall be required for each
shoppinc~ center directory sic~n erected or maintained pursuant to
this section. The application for said permit must contain an architect's
drawing of ,said directory sic~n as. well as a survey indicating the
dimensions of said sign, its location, and setbacks. 'The Building
Inspector shall refer said applications, drawing(s), survey(s) and
other supporting papers to the Plan,ning Board for its app':oval and
recommendations.
D. Interior signs. An interior sign, or combination of signs, shall not cover
more than ten (10%) percent of the total glass area upon Which,or in which,
it is affixed, displayed, or painted.
Wall
1.
signs.
Wall signs shall not project more than twelve (12) inches from the
wali to which they are affixed.
Within any Business District, such signs shall not exceed a heiqht
of three (3) feet, and shall not extend higher than the top of the
parapet in case of one story buildings. In the case of buildings taller
than one story, such Signs shall not extend above the bottom of the
sill of the windows of the second story, nor extend or be placed more
-than fifteen (15) feet above the outside grade. No wal sign or
combination of signs, including interior signs, on any wall facing
any street or public way,in a business district shall exceed an area
in square feet equivalent to one I:imes the lenc~th in feet of the structure
on each frontage up to a maximum of sixty (60) square feet.
Within an industrial district, one wall sign not exceeding thirty (30)
square feet is permitted for each street frontage from which access
is provided to the lot.
In any districts where wall signs are permitted, no such sign shall
cover, wholly or partly, any wall opening, including_ doors, fire
· e_scapes, and windows, nor project beyond the ends of the wall to
which it is attached. All such signs must be safely and adequately
attached to said building wall by means satisfactory to the Building
I n spector.
-75-
DECEMBER 2, 1986
F o
Historic signs. The Pla_~ning Board may find that a particular
sign is a historic sign. In makinc~ such. a finding, the Planninc~
13oard, in consultation with the Historic Landmark's Commission,
must find that .'the proposed sign i;s: of significant historic quality
~-~ terms of age or desi~.n or ~--~ason of its relationship to
an historic renovation prc~ject. The Board of Appeals may allow
the reconstruction, r~pair and maintenance of historic s.gns upon
such terms as may be iust and proper in addition to, or to the
exclusion of, any other sit, ns permitt~ed by this chapter.
(3.=. Temporary signs. The erection, installation, or maintenance
of temo~r~ry signs, as defined here n, is hereby prohibited,
except that the Building Inspector may grant special permission
for the maintenance of the following signs:.
A temporary sic~n announcing special events, etc., not
exceeding twenty-four (24) square feet in area, which is
erected by a municipal, charitable, or nonprofit organization
is permitted, for a period not to exceed thirty (30) days.
Temporary interior signs announcing special sales or events
shall be permitted in the Hamlet Business and General Business
District. Such signs shall cover no more than~twenty-five
(25%) percent of the window area to which they are affixed,
and shall be removed within twenty (20) days.
Section 100-206~ Unsafe, abandoned and unlawful signs.
A. The owner of a si~n and the owner of the premises on which
such sign is located shall be jointly liable to maintain such si~n,
including its illumination sources~ in a neat and orderly condition
and good working order at all times and to prevent the development
of any rust, corrosion, rotting or other deterioration in the physical
appearance or safety of such sic~n.
If the Buildinq Inspector shall find that any sign regulated herein
is unsafe, insecure, damac~ed, deteriorated or a menace to the
public or has been erected in violation of the provisions of this
chapter, he shall give written notice by certified mail to the
owner of the premises on which such s~gn is located, as shown
on the latest Town ass-essment roll. Said sign anc~ all appurtenances
shall be taken down and removed by the owner, agent or person
~having the beneficial use of the building or structure upon which
such sic~n may be foun~ within thirty (30) days after written
notification from the Building Inspector. Upon the failure to
comply with such notice within the time specified therein, the
E3uildin~ Inspector is authorized to remove, or cause the removal
of such sign at the expense of the person or persons named
in such notice. Upon such removal, all costs and expenses
incurred by the Town for the removal and storage of such sign
shall be assessed ac~ainst the land on which such sign was located
and a statement of such expenses shall be presented to the owner
of the land. If s~ch statement is not paid within thirty (30)
days after its presentment, the Building InsPector may file a
.statement with the Town Assessors, identifying the property
in connection with which such expenses were incurred and the
owner thereof as shown on the latest assessment roll of the
Town. The assessors, in the preparation of the next assessment
roll, shall assess such amount upon such property. Such amount
shall be included in the levy against such property, shal constitute
~ i'~n ~n~ shall be collected and enforced in the same. manner,
b_~ the same proceedings, at the same time and under the same
penalty_ as is provided by law for the collection and enforcement
of real property taxes ~n the Town of Southold. The owner of
~ sic~n removed by the Building 'Inspector as hereinbefore
provided shall not be permitted to redeem such sic~n until all
expenses of removal and storage have been paid.
3¸ 9
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380
DECEMBER 2, 1986
C C
If in the determination of the Building !nspector, a sign is an immediate
peril to persons or property, he may cause such sign to be removed
summarily and without notice. The cost of such removal shall be paid
by the Town and such amount shall be and become a lien upon the
premises in question and shall be levied and collected in the same
manner and under the same penalties as an assessment of a public
improvement.
Section 100-207~ Continuation of existinc~ signs.
Notwithstandinc~ any other provisions of this article, any sicjn in existence
at the effective' date of this article which does not conform to the provisions
of this chapter shall, within three (3) years from such date, be removed or
made to conform, unless its continuance is authorized as a special exception
by the Board of Appeals as hereinafter provided.
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DECEMBER 2, 1986(/-
3.81
24.
Chapter lQ0 is amended by adding a new Article thereto, to be Article XXl,
to provide as follows:
ARTICLE XXI
Landscaping, Screening and Buffer Rec0ulations
Section 100-210. Purpose.
The following standards are intended to enhance the appearance and natural
beauty of the Town and to protect property values through preservation and
planting of vegetation, screening, and landscaping material. 5~y;
theselstandards are intended to enhance the appearance of major travel
corridors and business areas; to reduce excessive heat, glare, and accumulation
of dust; to provide privacy from noise and visual intrusion; and to prevent
the erosion of the soil, excessive run-off of draina~]e water, and the consequent
depletion of the ground water table and the pollution of water bodies.
Section 100-211. General requirements.
The following provisions shall apply to any use in all zoning districts:
A. Landscaping, trees, and plants required by these regulations shall be
' ' planted in a growing condition according to accepted horticultural practices,
and they shall be maintained in a hea thy. growing condition. Any
landscaping, trees, and plants.which, are in a condition that does not
fulfill the intent of these regulations shall be replaced by the property
owner during the next plantinc, l season for the particular plant material.
A screening fence or wall required by these regulations shall be maintained
by the property owner in good condition throughout the period of the
use of the lot subject to the following conditions:
Any land that is or has been desi~Inated or required to be a screening
area, buffer area or paved area pursuant to an approval by the Town
Board, Planninc~ Board or Zoning Board of Appeals of any grant
of an application for a.chanc~e of zone, variance or site plan approval
or which is required by ordinance or local law must be maintained
(2.)
by the owner of the property or any of the owners, successors in
interest or assignees.
When it is determined by.the Plannin~ Board that any land is not
maintained pursuant to such c~rant or law, the Building
Inspector shall notify the owner of record of such land, by
Certified mail to the address shown on the last :completed assessment
roll, to erect, replace, repair or maintain fences, trees, plantings,
shrubbery or other screening or paved areas pursuant to the plan
or law.
In the event that the owner of record does not comply with the notice
within thirty (30) days of the date of said mailing, the Building
Inspector may take the appropriate action to'erect, replace, repair
or maintain fences, trees, plantings, shrubbery or other screening
or paved areas on the designated land. The Building Inspector shall
certify- by affidavit the costs incurred either by the Department or
t-F~e Town Board. The Town Board shall, by resolution, instruct
t~Town Clerk to publish a pub-lic notice that a puL~lic he~ will
i.~e held for the purpose of addincj to the ass~essmer~. ~-61f ~-~'
described lot or parcel the costs incurred and that, at ~t~public
hearing, the Town Board will hear and consider any objection w--~ich
may be made to such roll. The publication of such notice shall not
be less than ten (10) days before the time specified for such hearin9.
The Town Board, after public hearing, may then cause such assessment
to become a lien and may direct the Town Assessors to place it on
the assessment roll.
-78-
All landscaping, trees, and planting material adjacent to parking areas,
loading areas, or driveways, shall be properly protected from vehicular
damage by barriers, curbs, or other means.
To the extent possible, existing trees, vegetation, and unique site features
such as stone walls, shall be retained and protected. Existing healthy,
mature trees, if properly located, shall be fully credited against the
re_~quirements of tl3ese regulations.
Where lot 'size and shape or existinc~ structures do not make it feasible
to'comply with the requirements for a front landscaped area or landscaped
parking area, the Planning Board.may approve planters, plant boxes or
pots containing, trees, shrubs, and/or flowers to comply with the intent
of these regulations.
F. In cases where the edge of the. pavement within a public right~of-way
does not coincide with the front lot line, the property owner shall landscape
the area between the front lot line and the edge of the street pavement.
Section 100-212. Front landscaped area,
A front landscaped area shall be required for all uses in all zoning districts.
The required landscaped area shall-be covered with grass or.other ground
cover and shall include appropriate trees and shrubs. As a minimum, in all
non-residential districts and in the Hamlet Density Residential and R-~40 Low
Density Residential Districts, one shade, tree having,a caliper of two inches
shall be planted within the front landscaped area for each forty (40} feet or
fraction thereof of lot frontage. The purpose of the landscaping is to enhance
the appearance of the use on the lot but not to screen the use from view.
A. Residential Districts. in all residential districts, required front yards,
except for the driveway, shall be landscaped with grass or other suitable
ground cover, trees, and/or shrubs.
B. Non-Residential Districts. In all non-residential districts, there shall
be a landscaped strip in the front yard area: in the Limited Business,
General Business, and Light lndusi:rial/Office Park and Liqht Industrial
Districts, the strip shall be twenty-five (25) feet and in the
Marine Business District the landscaped strip shall be fifteen
(15) ~e~- deep aloncj and contiguous to. the front lot line of the property.
There shall also be a landscaped area five (5) feet wide abutting the front
of the buildin~t tn all non-residential districts includino the Hamlet Business
District. ,,
Section 100-213. Transition buffer area.
The purpose of the tran'sition buffer area is to provide privacy from noise,
headlicjht glare and visual intrusion to residential dwellings. A buffer area
shall be required along all boundaries of a non-residential lot abutting any
lot in a residential district.
Such buffer area shall comply with at least the following minimum standards:
A. The buffer area shall be located within the boundaries of the subject
Bo
property.
The minimum width of buffer areas shall be as follows:
(1.) Hamlet Business District 15 feet
(2.) Marine Business District 20 feet
(3) LimiLed Business District 20 feet
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DECEMBER 2, 19,&6
383
4. General Business Districts
25 feet
30 feet
5. Industrial Districts
6_.~_.Any district other than res. ident~al district adjoining
land owned or maintained by New York State, Suffolk
County, or Southold Town with current or potential use
as_~_a.rl~ land. . ~ = ...... .. 25 feet
The buffer area shah .be of evergreen planting of such' type, height, spacing
and arrangement as, 'in the'judgment of; the Planning Boa'rd, will effectively
screen the activity on the lot from the neighbor, incj residentia! area. As a
minimum, the plantin.g ~shall consist Of a double row of trees six (6) feet in
height planted at intervals of ten (.10) feet on center. Non-evergreen planting
may be included to supplement ever~]reen plantin~t,.., but not to take 'its place.
D. A landscaped earthen berm,, wall, or fence of location; height, design, and
material's approved by the Plannin~l BOard may be accepted for any portion
of the reqL~ired planting, and/or buffer area.
Where the existing topography and/or landscaping provides adequate screening,
the Planning Board may ac~:ept the existing plantin~ and/or buffer area as
the required planting.
Section I00-214. Landscaped parking area.
In addition to the front landscaped area and buffer area requirements, parking
areas shall comply With the ;folloWing minimum standards:
All uses required to provide twenty (20) or more off--street parking spaces
shall have at least ten (10) square feet of interior landscaping within the
paved ~3ortion of the parking area for each parking space and at least one
(1) tree with a two (2) inch caliper for every ten (10) parking spaces or
fraction thereof.
Bo
Each separate landscaped area shall contain a minimum of one hundred (100)
square feet, shall' have a minimum dimenson of at least eight (8) feet, shall
be planted with grass or shrubs, and shall include at least one (1) tree of
not less than two (2) inch Caliper.
A lan(~scaped area shall be provided along the perimeter of any parking area
except that portion of the parking area ~hich provides access to a street
or parking facility on an adjacent lot. Accessways to adjacent lots shall not
exceed twenty-four (24) feet in width and shall not exceed two (2) in number
for each purpose. The landscaped area shall have a minimum dimension of
four (4) feet, shall.be planted, with grass or. shrubs and shall include at
least one tree of not less than two (2) inch caliper for every forty (40) feet
~;'long the perimeter of the parkinc, t. area. In cases where the parking area
adjoins a public sidewalk, the required landscaped area shall be extended
to the edge of the sidewalk.
Trees used in parking lots shall include Honey Locust, Pine, Oak, or other
similar fast-cjrowing, hardy varieties, or existincj trees where appropriately
located.
Section 100.-215. Properties located adjacent to creeks.
The rear yards of properties located adjacent to creeks shal include natural
vegetation and/or shall contain suitable planted vegetation to a minimum of
twenty (20) feet inland from the mean high water line elevation or wetland
boundary, to prevent erosion of the shoreline. Vec~etation within the buffer
strip shall not be fertilized or chemically treated.
-80-
25.
Chapter 100 is amended by adding a new Article there[o, to be Article XXlli,
to provide as follows:
ARTICLE XXIII
Supplementary Regulations
Section 100-230. Exceptions and modifications.
A. Established .front yard setback. Where groperty in the Vicinity is improved
with principal buildings with front yards of less than that required by the
provisions of this chapter, the front yard setback shall be the average
setback of the existing bUildin~within three hundred (300) feet of the
proposed building on the same side of the street within the same use
district.
Exceptions to lot depth requirements. The. minimum lot depth at any point
may be decreased to seventy-five {75%) percent of the minimum requirement
if the average depth conforms to the minimum requirement.
C: Exceptions to yard requirements.
(1.) Permitted obstructions. Cornices or cantilevered roofs may project
not more than two (2) feet into a required yard. Belt courses, window
sills and other ornamental features may proje.ct not more than six (6)
inches into a requi,red yard. Fences or wails not over four (4) feet
in height may be erected anywhere on the lot. except as set forth in
Section 100~232 herein. Paved terraces, steps and walks (other than
such as are needed for access to the buildings on the lot) shall not
project within fifteen (15) feet of a street line or four (4) feet of a
property line.
(2.) Entries and porticos. A roofed-over but unenclosed projection in
nature of an entry or portico, not more than eic~ht (8) feet wide and
extending not mo~e than sx (6) feet out from the front wall of the
(3_)
b__uilding, shall be exempt from the requirements of this section when
the buildinq otherwise complies with the regulations of this section.
In computing the average Setback the presence of such entries and
porticos shall be ignored. '
Permitted projections. In any district, chimneys on residential, public
or semi-public buildings may project into a required yard to the extent
of not more than two (2) feet. In any residential district, terraces,
steps or uncovered porches may proi~ct into any required yard,
~rovided no Dart thereof is nearer than four (4) feet to any lot line.
Height exceptions. The height limitations of this ordinance shall not apply
to:
(1__) Spires, belfries, cupolas and domes not for human occupancy;.
monuments, transmission towers, chimneys, derricks, conveyors, flag
-poles, radio towers, tele~/ision towers, and television aerials, provided
that any television or radio aerial shall not be located nearer than a
distance equal to its height above the roof or other permanent structure
to_ which it is attached to any overhead electric transmission tine carr~
more than 220 volts.
Bulkheads, observation towers, monitors, fire towers, hose towers,
cooling towers, water towers, grain elevators, or other structures
~he 'ii 9 P q ' s greater eight, provided that
re a manufactur.n rocess re u.re h
~_~¥ such structures that are loca~'ed on any roof and that exceed in
hei__g_ht the limits in the particular district shall not in the aqgregate
occupy more than twenty (20%) percent of the horizontal area of the
roof, and are set back one (1) .foot from the edqe of the roof for each
additior{al--foot in heic~ht greater than the specif~,ed height.
DECEMBER 2, 1986
'3'8 5
All mechanical equipment necessary to operate buildinc~ services,
which equ,pment is located on the roof of a structure shall be s~reene(
in a manner approved by the Planninc~ Board.
E. Retail sales in Residential Districts.
NotwithstRndinn any other provision of this Chapter, all premises located
in any Residential District and upon which retail sales are conducted shall
be subject to site plan approval by the Plannin~ Board, pursuant to the
provisions of Article XXV.
Section 100-231, Height of fences· wall's and hedges.
Fences, walls, hedges or other live plantings within five (5) feet of the property
lines may be erected and maintained, subject to the. following heic~ht limitations:
A. When located in the front yard along the front lot line, the same
shall not exceed four (4) feet in'heic~ht.
B. When located along side and rear yards, the same shall not exceed six and
6TM
one-half { ~) feet in height.
C. When located Other than in the front yard area or along side or rear lot
'lira,s, the same shall not exceed eight (8) feet in height.
Section 100-232.
Corner lots.
A. On a corner lot, front yards are required on both street frontages· and
one yard other than the front yard shall be deemed to be a rear yard, and
the other or others side yards.
On all corner lots, berms, walls, fences, and hed~les or any other potential
obstruction to vision shall not e~ceed a .heic~ht of two and one-half (2½)
feet above the average street level within an isosceles trianc~le havincj thirty
(30) foot sides along each street to preserve sic~ht lines for traffic.
Section 100-233. Building length and separation for buildings containinc~ multiple'
dwellings.
A. N_o building shall exceed one hundred twenty-five (125) feet in length.
The minimum distance between principal buildings shall be equal to two-
times the heic~ht of the hic~hest buildinc~, and the minimum distance between
a principal and an accessory buildinc~ shall be twenty (20) feet.
Section 100-234. Courts.
Inner courts. An-inner court is. permitted in multi-family dwellin~ developmer
if the minimum dimension of such cour-~ is not less than two-times the average
height of all surroundinc~'walls, but not less than sixty (60) feet. The height
of walls surrounding an inner court shall be measured from finished cjrade -
at the base thereof to the top of such wall, except that, in the case of roofs
with a slope exceeding five (5) inches vertical to twelve (12) inches horizonta
the heic~ht shall be measured to the mean point of. the roof.
B. Outer courts. The minimum-width of an outer court shall be twenty (20)
feet and the depth thereof shall not exceed its width.
Sectio[) 100-235. Access requirements·
A. Street access.
No building shall be. erected on a lot that does not have direct access
to a public street in accordance with Section 280aof the Town Law.
All buildings and structures shall be so located as to provide safe and
conven~enl: access for servic!nc~, fire and police protection, and off-
street parking and/or loading.
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C C
Residential rear or flag lots and accessways. Any rear lot or flag lot
occupied or to be occupied by a one-family dwelling shall .have access
thereto by means of an accessway, having a width of not less than fifteen
(15) feet, serving only Such lot. The area of the accessway shall not
be included in determining the area of any lot; The front yard of any
lot having access to a street by means of an accessway shall be the
required front yard specified for the distric~ in which the lot ts ~oc~ted
and S~all be mea.su~d f~om the rear lot line to the front lot.
Sect
A.
ion 100-236. Open storage.
No unenclosed storage, except parking of operable passenger vehicles
capable of passing ~nspection or recreation vehicles or boats as set forth
in Section 100-191 shall be permitted in a residential district.
B. When open storage is permitted in a commercial or industrial district as
a principal or accessory use, the following conditions shall be met:
Storage shall be screened from view by a fence or evergreen
screening, the design and location of which shall be approved by_
the Planning Board. In no case shall the stored material exceed
the height of the screening.
No outdoor storage may be permitted within twenty-five [25) feet
of a residential district boundary.
Automobile wrecking yard or iunkyard is required to provide suitable
screening in the form of fencing or hedges completely around the
periphery of the area used for such purposes, subject t~ the approval
of the Planning Board. Failure to provide such screening shah require
elimination of said use.
Section 100-237. Prohibited uses in all districts.
The following uses are prohibited in all districts:
Any use which is noxious, offensive or obiectionable by reason of the
emission of smoke, dust, gas, odor or other form of air pollution or by
re~-son of the deposit, discharc~e or dispersal of liquid or solid wastes
in any form in such manner or amount as to cause permanent damage
to the soil and streams or to adversely affect the surrounding area, or
by reason of the creation of noise, vibration, electromagnetic or other
disturbance, or by reason of illumination by artificial lic~ht or light
reflection beyond the limits of the lot on or from which such licjht or
light reflection emanates; or 'which involves any dangerious fi-re,
explosive, radioactive or other hazard; or which causes injury,
annoyance or disturbance to any of the surrounding properties or to
their owners and occupants; and any other process or use which is
unwholesome and noisome and may be dangerous or prejudicial to health,
safety or general welfare, except where such activity is licensed or
regulated by other government agencies.
B.., Artificial lighting faciliLies of any kind which create glare beyend lot
lines.
C. Carnivals, circuses and related activities, except for a temporary period
on special license from the Town Board.
D. Junkyard or refuse disposal site, except a refuse disposal site established
as an official town refuse disposal site or duly authorized as a refuse
disposal site by the Town Board.
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E... Uses involving primary production of the following products from raw
materials:
1. Charcoal and fuel briquettes; chemicals; aniline dyes; carbide;
caustic soda; cellulose; chlorine; carbon black and bone black;
creosote; hydrogen and oxygen; industrial alcohol; nitrates of
an explosive nature; potash; plastic materials an~hetic resins;
and sulfuric acids; coal, coke.and tar products, including gas
manufacturing; explosives; _gelatin, c~lue, and size. (animal); linoleum
and oil cloth; matches.; ., paint, varnishes and turpentine; rubber
(natural or synthetic); soaps, including fat rendering; starch.
F. The following processes:
2.
3.
4.
5.
6.
Nitrating of cotton or of other materials.
Milling or processing of flour.
Magnesium foundry.
Go
Reduction, refinin9, smelting and alloying metal or metal ores.
Refining secondary aluminum.
Refining petroleum products, such as gasoline, kerosene, naphtha,
lubricating oil.
'Distillation of wood or bones.
Reduction and processing of wood pulp and fiber, including paper
mill operations.
Operations involvinc~ stockyards, slaughterhouses and slag piles.
Storage of explosives.
Quarries.
Storage of petroleum products. Notwithstanding any other provisions
of this chapter, storage facilities with a total combined capacity of more
than 20,000 gallons, including all tanks, pipelines, buildings, structures
and accessory equipment desic~ned, used or intended to be used for the
storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products,
shall not be located within 1,000 feet of tidal waters or tidal wetlands.
Section 100-238. Provisions for community sewer, water and utility facilities.
Where public sewer and/or public 'water and/or public or private utility systems
are required, no building or premises to be serviced by such systems shall
be used or occupied, nor shall a certificate of occupancy be issued with respect
to the use and occupancy of such buildings and/or premises unless and until
all such required systems and facilities have been constructed and are in proper
operating condition and have been apprQved by all agencies having jurisdiction
thereof.
Section 100-239. Land under water; filled land.
Streams, ponds, tidal marshes and portions of Lonc~ Island Sound and its various
bays and estuaries, lying within the boundaries of the Town of Southold,
whether or not so indicated on the Zoninc,; Map as being in a particular use
-84-
district, shall be considered as being in the most restricted use district abutting
thereon, and such zoning classification shall continue in force rega'rdless
of any filling or draining of such lands. Nothing herein contained shall be
construed to permit the filling or dredging of such land. For the purpose
of computing density for the development of any lot or lots, no land under
water, unless filled pursuant to [aw, shall be included in computng the minim~',_m
lot area for each dwelling unit permitted under the appropriate zoninq districi~
in which, the property lies. ~ , ~ 't
Section 100-239a Excavations.
No excavation of any kind shall be ~oermitted except in connection with the
construction on the same lot of a building for which a building permit has
been duly issued. In the event that a building operation is arrested prior
to completion and the building permit therefor is allowed to lapse, within
six (6) months after the date of expiration of such permit, the premises shall
be cleared of any rubbish or or.her unsightly accumulations, and topsoil shall
be replaced over all areas from which such soil may have been removed.
Any excavation for a basement or foundation with a depth greater than three
(3) feet below grade shall be either filled or surrounded by a substantial
fence adequate to deny children access to the area and adequately maintained
by the holder of the permit.
Section 100-239b Tourist camps, camp cottages and trailers.
A. Permits required.
No tourist camp shall be established, maintained or operated in any
district, nor shall any tent, tent house, camp cottage, house car or
trailer to be used or occupied as a place for living, sleeping or eating,
whether charge is or is not made, be erected or placed therein, unless
authorized by the Town Board pursuant to the provisions of Chapter
88, Tourist and Trailer Camp.
Automobile trailers or house cars.
Notwithstanding any other provisions of this chapter, .a single automobile
trailer or house car may be. located outside a tourist camp only when
authorized by the Town Board and subject to such conditions as may
be~-prescribed by the Town Board.
C. Exemptions.
This section shall not be deemed to apply to the temporar~y or seasonal
camp of any unit of the Boy Scounts of America or the Girl Scouts of
America or other such orc~anizations under the leadership provided by
said organizations, respectively.
Section 100- 239c Berms
A. General
(1) 'All berms shall be constructed so that all sides of the berm shall
not have a slope greater than one (1) to three (3) feet. For the
purposes of this section, the slope shall refer to the ratio of a
vertical-rise of one (1) foot to a horizontal run of three (3) feet.
(2) All berms shall be constructed out of clean fill or an equal approve,
by the Buildinq Inspector. Said fill shall be given sufficient time
to settle before final shapinc~ and topsoil are applied. After the
settled fill has been shaped, a uniform six {6) inch layer of approved
horticultural topsoil shall be placed on tl~e fill and fine c~raded.
-85-
DECEMBER 2, 1986
'389
(3)
(4)
All berms shall be properly .vec~et~ted and landscaped, as approved
by the Plannincj Board, before any erosion occurs in the topsoil
on the berm, or, in' the alternative, the berm shall be covered
with an approved ground cover until such time the berm can be
properly landscaped,
Berms shall be constructed only during the period from March 1
through October 15.
No fence or walt shall be constructed on a berm. However, a
retaining wall may be placed on the sides of a berm where the
Planning Board finds said retaining wall will promote aesthetic
considerations and the height of same does not exceed the height
or grade of the berm.
(6) The construction of berms and the berm itself shall not interfere
with natural drainage.
(7) The outside toe of the berm shall not be closer than six [6) fe~et
to any property line.
Height.
(1) The-height of a berm shall be the vertical distance from the top
(2)
of the berm to the natural existing grade at the base of the berm.
In all residence districts, no berm shall have a he_ight greater than
four (4) feet in the front yard or six and one half (6½) feet in
a rear or side yard.
(3) In all nonresidence districts, no berm shall have a height greater
than six and one half (6½) feet in a front, rear or side yard.
(4) Notwithstanding the provisions of Subsection B(1) and (2) of this
section, where the proposed berm is along a major street, as that
term is defined in subsection A106-13 of the Town of Southold
Land Subdivision Regulations, the Planning Board may increase
the hei~oht limitations of this subsection where it would be in the
_public interest by limiting adverse impacts from noise or light or
by promoting aesthetic considerations. However, in no case shall
a berm along a major street exceed ten (10) feet.
Permit.
(])
All berms in .excess of four (4) feet in height, except those required
to be constructed in connection with the Planning Board's approval
of a subdivision plat or site plan, shall require a building permit.
All applications fcra building permit for a berm shall include the
following:
(a)
A detailed grading plan of the entire site indicating the
existing topography in contour intervals no greater than five
(5) feet and the proposed topography in contour intervals
no greater than two (2) feet. The scale of the grading plan
sl~all be no smaller than one (1) inch equals twenty (20) feet.
(b)
(c)
A cross section of the berm indicating the type of materials
to be used in constructing the berm (i.e., fill, topsoil) and
the location of landscaping. The scale of cross section shall
be no smaller than one (1) inch equals four (4) feet; and
A detailed landscaping plan indicating the location, size and
quality of the species to be planted.
-86-
(3)
All applications for a building permit for a berm shall be referred
to the Planning Board for its approval with respect to the compatibility
of the berm with the surrounding properties and associated land
uses, drainage considerations, landscaping and aesthetics.
(4) Within twenty (20) working] days of receipt of a complete application~.,~
by the Planning Board, 'it shall approve, approve with modificationsl !it
or disappro¥¢ the appl-ica,tion. I~i ~
($) The Building Inspector shall not issue a permit for a berm until
Planning Board approval has been received. Failure of the Planning
Boarct to act within twenty/ (20) working days shall be deemed an
approval.
(6)
All provisions of this chapter relatinc~ to the buildincj permits and
construction shall apply to buildin, g permits for berms, except a.s.
provided in this Section.
-87-
26.
Chapter 100 is amended by adding a new Article thereto, to be. Article XXlV,
to provide as follows:
ARTICLE XXIV
Nonconformin9 Uses, and Building,s
Section 100-240. Purpose.
The purpose of this article is to-reduce or minimize impacts of: uses and
buildings which do not conform.to the. use or bulk.requirements set forth in
this chapter; all. uses and buildings that .become nonconformincj by reason
of any subsequent amendment to this chapter; and all buildings containin9
nonconformin9 uses.
Section 100-241. Nonconformin9 uses.
Except as provided hereinafter, nonconformin~t use of buildings or open land
existinc~ .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
building or use:
Ao
Shall not be enlarged, altered, extended, reconstructed, or restored
or placed on a different portion of .the lot or. parcel of land occupied by
such use on the effective date of this chapter., nor shall any external
evidence of such use be increased by any means whatsoever.
B. Shall not be moved to another location where such use would be
nonconformin9.
Shall not be changed to another nonconformin9 use without approval
by the Board of Appeals and then only to a use which, in the opinion
of the said Board, is of the same or of a more restrictive nature.
D. Shall not be changed back to.a less restrictive use, if changed to a more
restrictive nonconformin9 use.
E. Shall not be re-established if such use has been changed to, or replaced
by, a conforming use.
Shall not be repaired or rebuilt unless the use is changed to a conforming
use if the nonconforminc~ use is damac~ed by fire or other causes to the
extent of 50% of its fair value.
G. Whenever a nonconforming, use of a .buildinq or premises has been
discontinued_ for a period o.f more than two (2) years or has been
changed .to a. hic. lher classification or to a conforming use, anythinc~ in
this article to the contrary notwithstanding, 'the noncon~formin~t use of
such buildinc, i or premises .shall no longer be permitted unless a variance
therefor shall have been 9ranted by the IRo~rd of Appeals.
Section 100-242. Nonconforming] buildin~]s with conforminc~ uses.
A. Nothing in this article shall be deemed to prevent the remodelin~l,
reconstruction or enlar~lement of a nonconformin~l building containing
a conforming use provided that: such action does not'~reate any new
nonconformance or increase the degree of nonconformance with regard
to the regulations pertainin~ to such buildings.
B. Reconstruction of a damac~ed buildin9
1__ A nonconforming buildinc~ containing a conforming use which has
-88-
been damaged by fire or other causes to the. extent of more
than 50% of its fair value shall not be repaired or rebuilt
unless such building is made .substantially/ to conform to the
height and/yard requirements of the Bulk Schedule.
2. Application for a permit to build or restore the. dama~jeo portion
~f any building d~mac~ed o~ destroyed as set forth in sul~section
B(1) above, shall be filed within one year of the date of such
damage, and shall be accompanied by,plans for- reconstruction
which, as to such portion, shall comply, with'the requirements set
forth above. ,If s~ch permit is. issue~t~ it~ shall laps~.on.e year ~
{hereafter unless reconstruction in accordance with the approved
plans has been initiated.
Section 100-243. Nonconforming buildings with nonconformin~ uses.
A. A nonconforming building containin~ a nonconformin~ use shall not be
enlarged, reconst~'cted or structurally altered or moved, unless the
use of such building is chan~e~J to a conformin~ use.
B. A nonconformin~ 13uildin~ containing a nonconformincj use which has.been
damaged by fire or other causes to the. extent of mor~ than 50% of its
fair value shall not, be repaired or rebuilt unless the use of such buildin~
is chancjed tO a conformi~ use;
Section 100-244. Repairs and maintenance.
Notwithstanding any of the forec~oing regulations, nothin~ in this article shall
· be deemed to prevent normal maintanance and repair of any building, or the
carrying out upon the issuance of a buildinc~ permit of major structural
alterations or demolitions necessary i!n the interest of public safety.
Section 100-245. Involuntary moves,
· Subsections (A) and (B). o~Section.100-241 and subsection (A) of Section
100-243 herein are not intended to apply to involuntary movements of uses
or structures as a result of condemnation actions or other litigation.
-89-
DECEMBER 2, 1986
393'
27.
Chapter 100 is amended by adding a new Article thereto, to be Article XXV,
to provide as follows:
ARTICLE XXV
Section 100-250.
Site Plan Approval
Purpose.
To standardize procedure for review of site plan and requirements for site
]plan .application recoardless of district.
Section 100-251. General requirements.
No building or structure and no parkin9 lot or outdoor use of land, except
those used as a one-family or two-family dwel lng or for farmin9 purposes
and; their ac,cessory uses, includin9 home occgpations, shall be used,
constructed, enlarged, or moved until a site plan meeting all the applicabie
requirements of this article has been appro~,ed by the Planning Board. In
addition, any change in use or intensity of use which will affect the
characteristics of the site in terms of parking, loading, access, drainage
and/or utilities or any plan to alter a J~uilding in a historic district or with
historic landmark designation will require site plan approval. Furthermore,
any' use or structure in a flood or erosion hazard area will recluire site plan
approval.
In all cases where this chapter requires approval of site development plans
by the Plannin9 Board, no building permit shall be issued by the BUilding
Inspector except upon authorization of and in conformity with the site plan
approval by the Planning Board.
Moreover, it is the intent that all problems arising within the limits of the
job site will be completely resolved, redesigned and approved before an),
work is resumed. However, in the event that an error either ofdeslqn or
judgement becomes apparent during the progress of the work, the Planning
Board through its representative, the Buildin9 Inspector, reserves the riqht
to s~,[/~p such work and direct such changes pursuant to Town of Southold
.specifications to correct such error.
It is also understood, that the Planning Board or its representatives shall
not be heRJ liable for any problems arising during or after construction.
Section 100-252. Objectives.
In considering and acting upon gite development plans, the Planning Board
shall take into consideration the public health, safety and welfare, the comfort
and convenience of the public in general and the residents of the immediate
neighborhood in particular, and m~.¥ prescribe appropriate conditions and
safeguards as may be requi~'ed in order that the result of its action ma},-,
to the maximum extent possible, further the expressed intent of this chapter
and the accomplishment of the followin9 objectives in particular:
Traffic access. That all proposed traffic accessways are adequate but
not excessive in number; adequate in width, grade, alignment and
visibility; are located in proper relationship with intersections,
pedestrian crossings and places of public assembly and are in conformance
with overall traffic safety consideration.
Interior circulation and parking. That adequate off-street parkin9
and loading spaces are provided to satisfy the parking needs of the
proposed uses on-site, ~nd that the interior circulation system is
adequate to provide convenient access to such spaces consistent with
pedestrian safety.
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394
DECEMBER 2, 1986
C. Landscaping and screening. That all required recreation, parkin~j.,.
service and similar areas are screened at all seasons of the year from
view of adjacent residential districts and streets, and that the landscaping
of the site is in character with that cjenerally prevailing in the ~
neic~hborhood. E.xisting trees eic~nt inches or more in diameter
measured three feet above the base. of the tr.~nk .sha~! be retained to
the maximum extent possible.
Natural features. Due re~ard shall be paid to all natural features on
and adjacent to the site, inCludinc~, but not limited to, drainage courses,
wetlands, marshes, dunes, bluffs, beaches, escarpments, woodlands,
large trees, unique plant and wildlife habitats, flood hazard areas and
to protection of ~Iround and surface waters.
Eo
Cultural Features..Due regard shall be paid to all cultural features
on and adjacent to the site including, but not timited to, archeological
and paleontological remains, old trails~ historic structures and sites
and agricultural fields.
Fo
Pavement. All plazas and other paved areas intended for use by
pedestrians shall make use of such paYements and plant materials
'which could serve to encourage their ~se I~y pedestrians during all
seasons of the yeari and shall not consist of undue expanses of pavement.
Go
Lighting. All outdoor lighting shall be of such a nature and so arrancjed
as to preclude the projection of d rec, light and ~llare otto adjoining
properties and streets.
Public address or sound s¥.stem. Any sound or pUblic address system
shall be such that no sound from system shall be audible on adjoining
properties or on the adjacent street.
I_~. Facades. Buildincj faca~les shall be compatible with surrounding area.
Drainage. The drainaqe system and layout proposal will afford an
adequate solution to ar~y drainac~e problems.
K. ~l~ublic utilities. Plans for water supply and sewage disposal are adequate
such Lhat the internal water, and sewer systems are adequate and that
all wells, sewage systems~and connections to Town systems are in
accordance with ToWn and County standards.
Existing development and community plan. That the development
proposed s at a scale and ~ensity ~o~s.lstent with existing development
and with the Master Plan of~ the T~wn of Sou,hold.
Aesthetic considerations. The desic~n of alt structures shall be compatible
with that of surrour.~lincj structur~es. Compatibility shall be determined
by a-review of proF~osed (1) Uselof ma~erlals, (2) scale, (3) mass,
(4) height, (5) co or, (6) 'tex~ture, and (7). location of the structure
or structures on the site.
N. Handicapped access. The site plan and building design shall accommodate
Lhe needs of the hand capped and be in conformance with the State ~
standards for construction concernin~ the handicapped.
O. Energy conservation. The site plan and building des!gn shall maximize
the conservation of energr~.
Section 100-253. Effect of approval.
A. No buildinc) permit shall be issued for any structure covered by this
~-rtlcle until an approved site development plan or approver~ amendment
of any such plan has bee~ secured by the applicant from the Planning
Board and presented to the Building Inspector.
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Bo
No certificate of occupancy will be issued for any structure or use of
land covered by this article unless the structure is completed or the
land is developed or used in accordance with an approved site development
plan or approved amendment of any such plan.
Should any site plan approval, involve, any matter requiring referral
to the Suffolk County Planning Commission, then the matter shall be
"--~~--'~" '~ ' '"' ' ~' '° BOard to the ~ ff I'
re~errea, prior to ~.nal act,on Dy the ~lann.ng , ~u o K
County Planning Commission in accordance with the applicable provisions
of law.
Section 100-254.
Be
Procedure.
Presubmission conference. Prior to the submission of a site development
plan, the applicant or his accent shall meet with the Planning Board.
The purpose of such conference shall be to discuss proposed uses or
development in order to determine which of the site development plan
elements shall be submitted to the Plannincj Board in order for said
Board to ~etermine conformity with the provis,ons and intent of this
Chapter.
Waiver of required information. Upon findin~ls by the Planning Board
that, due to special conditions peculiar to a Site, certain of the information
normally required as part of the site plan is inappropriate or unnecessary,
or that strict compliance with said requirements may cause extraordinary
and unnecessary hardships, the B'oard may vary or waive the provision
of such information, provided that such variance of waiver will not have
detrimental effects on the public health, safety 'or general welfare, or
have th~ effect of nullifying the intent and pi.urpose of the site plan
submission, Official Map, Master Plan, or this Zoning Code. (See
followin~ Section 100~-255 on Site Plan Elements.)
Within s~X (6;) months followinc~ the presubmission conference, nine
copies of the site development plan application and any related
informal~i0n shall be submitted to the Plannin~ Board. Within thirty
(30) days of receipt of the application, the Planning Board shall determine
Whether Sa~d application is complete. If the Pla~nnin~ Board determines
said application to be incomplete, it shall forthwith notify the appli~:ant,
where r~ Said applicat~ion is deficient, f a site development plan application
is not subr~itted within six (6) months followlncj',a presubmission conference,
another Conference may be required by the Planning Board.
If the Planninc,] Board determines said application to be complete, it
shall within ten (10) business days of such determination, solicit
comments and reviews from all a~encies. The Planning Board shall also
send,a copy of the application to solicit comments and review wi[hin
~hir~LY (~0),days of th~ date of referral from the Town Trustees, Town
Enc~ineer, Superintendent of Highways, ~he Conservation Advisory
Commission, Buildinc~ Inspec:tor, Fire District, or other municipal
ac~ency ~r ~ist,~ict pc~tentlaily affected by the proposed development.
A~plicati~°nS for co~domlnlium development shall be forwarded to the
SuffOlk County Pl~;ndin~ Commission f~r their review and response
wil~h,i.n [hir~y ~30) days of the date of 'referral. If the County Planning
commis~iion makes a ~a~ive recomme~dat~0n, a Town Planninc~ Board
vote bf:,a'~ maiority pIQs 'onCe is rec~u red. It sl~all certify to the Town
Clerl~ tl~at ~ co,m~i~te appilication is on file with'the Planning Board.
No application shall be deemed complete until either a ne~tative declaration
has ~e~nl made for the a~ollcation pursuant to the State Environmental
Quaii~tyl Re~Jew Act'(SE(~A) as implemented by Chapter 44 of the Town
Code, Or ifa positive declaration is made, unt a draft environmental
impact ~t,,atem~nt has been accepted b~ the P]ann.ng Boar as satisfactory
with respect tO scope, cont, ent, and adequacy'. Rec~ardless of the time
requirem~ents of this 'section, reasonable time'shall be provided for
comp lance with SE(~RA includJn~ the preparation of a final environmental
impact s~atement.
-92-
396
DECEMBER 2, 1986
If the Planning Board determines that a public hearing is necessary,
it shall schedule and hold same. Notice shall be. c~iven at least five (5)
days prior to the dates of such hearincj by publication in the official
Town newspaper.
Within forty-five (45) days of the conclusion of the public hearing,
or if none.was held, within, fortaz-five (45) days of determining '~hat
the aPplication was complete, the Planninc) Board shall determine whether
the site development plan application complies with the purposes and
specifications of this Chapter and shall so inform the Building Inspector
and Town Clerk'and the applicant, in writing, of its approval, its
approval with modifications to bring about compliance, or disapproval.
This forty-five (45) day per od may be extended by the Plannin~ Board
upon the written consent of the applicant, or as m~y be permitted 'u~r
the State Environmental Quality Review Act as implemented by Chapter
44 of the Town Code. Failure to act within .said forty-five (45) days
shall be deemed to be approval.
Once approval has been granted by the Planning Board, one translucent
linen or mylar and six copies of the approved plan, on which all conditions
imposed by the Planning Board as part Of its approval have been clearly
indicated, shall be forwarded to the Chairman for hisfher endorsement.
Amendments to a site development plar~ shall be acted upon. in the same
manner as the .approval of the original, plan.
J. .Approval of a site plan by the Plannincj Board. shall be valid for a period
of 365 days t~or ~he purpose of obtainingla building' permit. Failure
to secure a building permit during thiS:l~eriod shal cause the ste pan
approval to become null and void. Once..a building permit has been
issued, an approv, ed site developme.nt '~plar~ shall be valid for a period
of two (2) years from the date of appr..o~!al (of the plan). All work
proposed on the plan shall b'e compli~te.' W~ithin two ~12) years from the
date of approval unless a longer per;iod ~vas aF~proved or the applicant
_obtains an extens!on fr. om tl).~ Planning Board.i No~ bulld,ncj perm,t shall
be issued before appri~val Of~a Site :d, eVeiopment p.lan has been recei.ved
trom the I~lannlng 15oarc~.-
K. No reg~ading, clearing, tree removal o~,any other work in preparation
Of future u~e of a s te ma~/ take p ace ur~til sil~e plan approval has been
received ~rom the Pla~ning Board.
In the case of a variance application rec]uiring a site plan approval,
the site development plan application shall be subjected to a preliminary
review in .accordance with the above procedure before recommendations
are made by the Planning Bbard prior to action on said applications
by the I3oa~-d of Appeal's~ BUilding permits issued for variances shall
be in ac~sordanc~e ;with ~he conditions', established by the Board of Appeals.
A statement shall~be platted :on all site plans approved by the Planning
Board to the effeb~ tiaat the owner'(s) agree(s) to comply with the plan
and all condition's~ Inoted~hereon. The required site improvements (all
road~, paving and!circU!ation, drainage:, ;utilities, outdoor light!ng,
~ecreation areas~,garb~cje COlle(:tion station., I'andscapinc, t and screenin
includinc~ pl'~ntin~i and i~intenance thereof! for a minimum of on~ year
a.nd a maximum o~ ithree years at the discretion of the Planning Board)
which are an ~inte~ral p~t'ofthe approved .plan shall be cjuaranteed
by cash,performance., bond or other accept,~ble guarantee approved
by the ow~.Boa~d and .Town Attorney. ~1~ the event that a satisfactory
guarantee ~ n0~;"'rovid~ ~thin ninety (90) days of the date of the
res .o!u. tion.' of the~i' ~lannin. ",. ~'.Boar, d i ' apprown' g the p an, sa'd reso ut'on
shall be deemed in?Il ~an~dl~0id:. i A cash guarantee can be for 50% or the
improvements.;' b~d~ a bonn!al'Or other guarantee shall be for 100% of the
cost of the
-93-
DECEMBER 2, 1986
397'
N. The said bond, surety or cash deposit shall be conditioned upon the
property owner's or developer's completing the said work enumerated
herein and set forth on the approved site plan in a manner satisfactory
to the Planning Board; and upon the proper functioning of said systems
for a period of one year from their completion. In default thereof, the
said bond or deposit shall be forfeited and the Town shall use the amount
thereof to complete any incomplete portion of the said work or to make
---S'u~ r~lSai~s are~hndertaken as are ne~es§ar;y' tO assure prope~~ functionin~
of said' improvements; provided, however, that if any amount of money
remains after the Town has completed the said work. such excess money.
Oo
will be returned to the surety or the person puttinc~ up the required
deposit. Sa'i~t surety bond or cash deposit may be reduced by resolution
of the Town Board upon the certification of the Town Engineer that
one or more particular items required by the Town Board have been
Satisfactorily completed. Such reductio~ shall be in the ratio that the
completed item or items bear to the total estimated cost of the required
improvements. The installation of all improvements shall be under the
direct supervision of a New York State registered architect or professional
engineer,
To obtain a building permit, an applicant shall provide to the Building
Inspector proof of Town Board acceptance of guarantee. No part of
the c~uarantee shall be released until all requirements of site plan approval
inclL~dinc~ the cons{ruction of site improvements is completed, inspected
and appr~oved by the Town.
The site ,development improvements shall be fully completed in accordance
with the approved plan before any new building or structure shown
on the approved site plan is occupied or any existing building shown
on the appr~oved site ~lan is occupied witha new use, pursuant to
Section ~00=2~84',on Certificates of Occupancy, which indicates that no
buildin~;ishaii be occupied until a certificate of occupancy has been
issued.
Section 100~255. Site plan elements.
A. Submission
A complete site plan application shall consist of:
1. a complete site plan application form,
2. site plan review fee, as specified in subsection B below.
3. an environmental assessment form, part one, for all Type I actions,
or actions that may have a significant environmental impact. See
Southold Environmental Qualifty Review Law.
4_~. Site plan(s).
B. Fee
The site plan review and inspection fee is based on the area contained
within the site plan. Such fee shall be computed on the basis of ~0.05
per square foot of area within the site plan property limits, less building
coverage.
Site Plan
The applicant shall submit a site plan at a minimum scale of one inch
equals 40 feet to be prepared by a New York State licensed Architect,
Landscape Architect, Civil Engineer or Surveyor. The site plan shall
include those of the elements listed herein which are appropriate to
the proposed development or uses as indicated by the Planning Board
[n the presubmission conference. This information, in total, shall
constitute the site plan. Multiple sheets may be utilized to present
the information required.
-94~
1. Lec~al data.
Lot, block and section number, if any
from the latest tax records.
Name and address of the owner of record.
Name and addres~ of the person, firm or organization preparin9
the map, sealed with the applicable New York State license
seal arid sicjnature.
d__ .D,a,te, North point and written andlcjraphic scale.
Property description shall be prepared by a licensed Surveyor
or Civil Engineer. The site plan may reference a land surveyo, r's
map or base reference map. Ail distances shall be in feet
and hundredths of a foot. All ;angles Shall be given to the
nearest 10 seconds or closer. The error of closure shall not
exceed one in 10,000.
f_~. The locations., names and existincj widths of adjacent streets
and curblines.
g. A separate map of location and owners of all adjoining lands,
within 500 tee~ as shown cJn the latest tax'-recorc~s, at a scale
of one inch equals~ 100 feet:.
Location, width and purpose of all existing and proposed
easements, setbacks, reservaitions and areas dedicated to
public use Ith~n or ad)o~nin~the property.
i. A complete outline of existing easements, deed restrictions
or covenants aPp yin~ to t~e,pr.opert¥.
L. Existing zonincj, including zone lines and dimensions.
Natural features.
a. Existing contours with intervals of two feet or less, referred
to mean sea level as per USGS datum.
b. Approximate boundaries of any areas subject to floodincj or
storm water ove.rflows; tidal bays, ponds, and marshes,
freshwater' bodies and wetlands and streams.
c. Location of existing natural features enumerated in subsection
D of Section 100-252, and any other significant existin9
natural features such as rock outcrops and trees with a
diameter, of.eight inches or more measured three feet above
the base of the trunk.
Location of any existincj cultural features enumerated in
~ubsection E of Section 100-252, and any other siqnificant
cultural features.
3. Existinq structures and utilities.
a__ Outlines of all structures and location of all uses not requirinq
structures.
Paved areas includincj parkin~ areas, sidewalks
access between the site and public streets.
· and vehicular
-95-
DECEMBER 2, 1986
399
Locations, dimensions, ~rades, and flow direction of any
existing culverts, water lines, sewer lines or sewage
disposal systems, as well as other underground and above
~lround utility poles and utility lines within and adiacent to
the property.
d. Other existing development features or strucutres, includinc. I
fences, landscapinc~ aJ~d screening.
eo
The location and use of all buildings and structures within
200 feet of the boundary of the subject property.
4. Proposed development.
a. The location of proposed buildings or structural improvements,
indicating setbacl~s from all property lines and horizontal
distances from e×istincj structures.
b. ,The location and desitin of all uses not requiring structures,
such as off-street parking and Ioadi.ng areas and pedestrian
circulation.
The location, direction, power and time of use for any proposed
outdoor lighting or public address systems.
d4
The location and plans for any outdoor signs which must be-
in accordance wit[~ applicable si~n regulations.
Paving, curbs, sidewalks, drainage structures, fencing,
~radi~g and drainacje plans shall be in conformance wit~ the
Town of Southold highway standards.
f°
Grading and drainaqe plans shall be based upon site rainstorm
retention, in conformance with the Town of Southold highway
standards, contours and spot grade elevations to be provided.
Landscaping, bufferincj and street tree plans including
material s~ze, quantity and location. A list of plantings shall
also be shown, as per the Town of $outhold highway standards.
h. Location of water and sewer mains, electrical service and
cablevision installations, location of water valves and
hydrant, and/or any alternate means of water supply and
.s,.ewac~e ~lisposa a'nd treatment.
An indication that all storaqe areas for materials, vehicles,
suppliesi, products, or equipment shall be located in either
a side or r~ar yar~d and that such areas are adequately fenced
or screened.
If the site development plan indicates on y a first stage, a
supplementary plan may indicate ultimate development.
-96-
400
DECEMBER 2, 1986
28.
Chapter 100 is amended by adding a new Article thereto, to be Article XXVI,
to provide as follows:
ARTICLE XXV1
Section 100-260.
S.,pecial Exception Uses
Purpose.
The provisions of this article are desi~tned to provide for administrative
review of selected types of proposed land uses. Certain uses which are
allowable under zoning are nevertheless so likely to sicjnificantly, affect their
surrounc~ings that they require individual review to assure compatibility with
existing land use patterns, community character and ~he natural environment,
before being permitted to come into ex.istence. Similar. l¥~ certain authorized
uses may take on such diverse forms in their actual implementation that it
is wise to review and pass upon the adherence of each individual proposal
to standards and guidelines previously established for the use involved.
Finally, the case-by-case review.achieved by use of the special exception
approval mechanism can increase the flexibility and appropriateness of local
development 'review, and better enable local .officials to avoid necjative
consequences which sometimes arise from the otherwise lawful development '
or use of a particular site.
Section 100-261. Special exception uses.
There is hereby created a category of land use approval to be known as .
special exception uses. Said uses may not be commenced, created, undertal~'~n,
carried out or thereafter maintained or substantially expanded without a speci;
exception approval first having been obtained therefor, which special exceptie
approval shall have been granted for the use either by the Planning Board,
the Zoning Board of Appeals or the Town Board, according to the provisions
for the particular special exception use set forth in this article or elsewhere
in this chapter. Any land use, includiog the erection, construction,
reconstruction, alteration, demolition, Roving, conversion or change of use
of any structure, shall be a special exception use requiring a special exception
approval if the text of this chapter, or the Use Schedule hereof, denotes
the use-as being either the subjeqt ofa special exception approval or simply
a special exception use. No building permit for any such special exception
use shall be issued until the required .special exception approval shall have
been c~ranted for the same, and the conditions imposed in such approval as
prerequisites to a building:permiti if tl"~ere be any, have been met.
Section 100-262. Rules of conduct and ~procedure for special exception uses.
Ao
An application for a special exception approval shall be on the form
for same provided by the Building Insoector, and shall be submitted
in triplicate, together with the fee of $75.00, to the Building Inspector
who shall review the application for completeness and conformity with
this chapter. The Buildin9 Inspector shall reject the application if it
is not complete or not in conformance, and shall notify the applicant
as to the reason for such rejection. If the application is satisfactory,
the applicant and the Building Inspector shall forward the applications
to the board having jurisdiction thereof.
Prior to taking action on any special exception use, the board having
jurisdiction thereof shall schedule a public hearing within forty-five
(45) days after determination that the application is complete. Within
sixty (60) days following the close of the public hearing, the board
shall render a decision on the application.
-97-
DECEMBER 2, 1986
D. That the use will be in harmony with and promote the general purposes
and intent of this chapter.
That the use will be compatible with its surroundings and with the character
of the neighborhood and of the community in c~eneral, particularly with
regard to visibility, scale and overall appearance.
all proposed structures, equipment and material shall-be readily
accessible for fire and~poli'ce protection.
Section 100-264. Matters to be Considered
In making such determination, consideration shall also be given, among other
things, to:
A. The character of the existing and probable development of uses in the
district and the peculiar suitability of such district for the location of
any of such permitted uses.
B. The conservation of property values and the encouragement of the most
appropriate uses of land.
C. The effect that the location of,the proposed use and the location that.
entrances and exits may have upon the creation or undue increase of
Do
vehicular traffic congestion on public streets, highways, or sidewalks
to assure the public safety.
The availability of adequate and proper public or private water supply
and facilities for the treatment, removal o~ disclharge 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.
Whether the use or the materials incidental: thereto or produced thereby
may give off obnoxious gases, odors, smol~ or soot.
Whether the use will cause disturbin~ emissions of electrical discharges,
dust, light, vibration or noise.
G. 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 ir if proposed by the town or by other competent
governmental ac~encies.
H. The necessity for bituminous-surfaced space for purposes of off-street
Ko
Lo
parking of vehicles incidental to the use, and whether such space
reasonably adequate and appropriate and can be furnished by the owner
of the plot sought to be used within or adjacent to the plot wherein
the use shall be located.
Whether a hazard to life, limb or property because of fire, flood, erosion
or panic may be created by reason o~or as a result of the use, or by
the structures to be used therefor, or by the inaccessibility of the property
or structures 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.
Whether the use or the structures to be used therefor will cause an
overcrowding of land or undue concentration of poputa~-i-0-r~.
Whether the plot area is sufficient, appropriate and adequate for the
use and the reasonably ,anticipated operation and expansion thereo~
Whether the use to be operated is~unreasonably near to a church, school,
theater, recreational areas or other place of public assembly.
-99-
DECEMBER 2, 1986
C
Effect of approval. A special exception approval issued in accordance
with the provisions of this article shall authorize only the special
exception use for which the approval, is granted.. No use which is
not a' special exception use hereunder shall, be authorized by any such
approval. The approval may include reasonable conditions whic]~ the
board determines to be necessary or appropriate to insure that the
applicable qeneral and specific standards and safeguards set forth in
this chapt~ fo.~ the use can and wi!t. be met and/or adhered to, A
special exception approval shall be valid for a period of six (6)
months, but may be extended for one (1) additional six (6) month
period by the issuing board without the requirement of new public
notice of hearing. A continuing or permanent land use authorized by
a special exception approval which use is undertaken or begun during
the period of validity of such approval shall thereafter be deemed a
lawful use, as if the same were permitted by this chapter without need
'for a special exception permit; provided however, that:
(1) Ail conditions imposed by the special exception approval shall continue to
apply, unless by their express terms are of limited duration.
All conditions imposed on special exception approval uses generally
or specifically by this chapter shall continue to apply, regardless
of whether any such conditions were expressly incorporated into -
the 'special exception approval.
(3) The board which issues the special exception approval shall retain
continuing jurisdiction over the same.
Violations of conditions. A violation of any limitation or condition of
a special:ie:~cept[on .approval, or of any ~provision of this chapter
applicable to a Special exception use, shall constitute a violation of this
chapter. The board which approves any special exception use shall
retain juris~dict'.ion, and shall have the ricjht, after a public hearinq,
to modify~,,'sus~)end~.or revoke such 'approval; or any term or condition
thereof, Or' to .impose thereon one or more new conditions, all on the
followirtg cjrou~ds:
(1)
False statements or mistake of material fact. Materially false or
inaccurate statements in the application, supporting papers or
supporting testimony, or ignoran, ce or misunderstanding of a
material fact by the board, which fact, had it been known to the
board at the time of its review, would have resulted in a denial
of the approva/sought.
(2) Non-compliance with the terms and conditions of such approval.
Failure Of the applicant-~ermitee to comply with any conditions
or terms of ~he approval.
(3) Activity beyond such approval. Exceeding the scope of the activity
use or project as the same was dJescribed in the application.
Section 100-263. General Standards.
No special exception approval shall be clranted un ess the board havin~
jurisdiction thereof specifically fin s~nd determines the fo-II,Wing:
A. That the use will not prevent the orderly and reasonable use of adjacent
properties or of properties in aa, acent use districts.
That the use will not prevent the orderly and reasonable use of permitted
or legally established uses in the district wherein the proposed use
is to be located, or of permitted or legally established uses in adjacent
use districts.
C. That the safety, the health, the welfare, the comfort, the convenience
or the order of the Town will not be adversely affected by the proposed
use and its location.
DECEMBER 2, 1986
403.
M. Whether the site of the proposed use is particularly suitable for such
use.
N. Whether adequate buffer yards and screening can and will be provided
to protect adjacent properties and land uses from possible detrimental
impacts of the proposed use.
O. 'Whether adequate provision can and'wiil be ~ade for the collection arid
disposal of storm water runoff, sewage,, refuse, and other liquid, solid
o._~r gaseous waste which the proposed use will generate.
P. Whether the natural characteristics of the site are such that the proposed
use may be introduced tt~ere without undue disturbance or disruption
of important natural features, systems or processes, and without risk
of pollution to groundwater and surface waters on and off the site.
Section 100-265. Additional conditions and safec~uards.
In decidinq on any application for a special exception use, the board having
jurisdiCtio~ thereof may impose such conditions and safeguards as it _deems
necessary or appropriate to preserve and protect the spirit and the objectives
of this chapter.
-100-
40z
DECEMBER 2, 1986
29.
Article XII, as renumbered Article XXVII is hereby amended to read as follows:
ARTICLE [XII] XXVII
Board of Appeals
'Section [100-120] 100-270. A~p0intment; membership.
The Town Board shall appoint a Board of Appeals consisting of five (5)
members, as provided by Town Law.
Section [100-121] 100-271. Powers and duties,
In addition to such powers as may be conferred upon it by law, the Board
of Appeals shall have the following powers:
Co
Appeals. To hear and decide appeals from and review any order,
requirement, decision or determination made by the Building Inspector.
Variances. Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of these regulations, the Board
of Appeals shall have the power to Yary or modify the application of such
regulations so that the spirit of this chapter shall be observed, public
safety and welfare secured and substantial iustice done.
Special exceptions, special permits and other approvals. Whenever
a use or the location thereof is permitted only if the Board of Appeals
shall approve thereof, the Board of Appeals may, in a specific case
and after notice and public hearing, authorize such permitted use and
its location within the district in which this chapter specifies the
permitted use may be located. [subject, however, to the fol. lowing:~
(1) Before such approval shall be given, the Board of Appeals shall
determine:
(a) That the use will not prevent the orderly and reasonable use
of adjacent properties or of properties in adiacent use districts.
(b) That the use will not prevent the orderly and reasonable use
of permitted or legally established uses in the district wherein
the proposed use is to be located w or of permitted or legally
established uses in adiacent use districts.
(c) That the safety, 'the health, the welfare, the comfort, the
convenience or the order of the town will not be adversely
affected by the proposed use and its location.
(d) That the use will be in harmony with and promote the general
purposes and intent of this chapter.
(2) In making such determination, the Board of Appeals shall also
give consideration, among other things, to:
(a)
'The character of the existing and probable development of
uses in the district and the peculiar suitability of such distri
for the location of any of such permitted uses.
(b) The conservation of property values and the encouragement
of the most appropriate uses of land.
(c)
The effect that the location of the proposed use may have
upon the creation or undue increase of vehicular traffic
congestion on public streets or highways.
-101-
DECEMBER 2, 1986
405
(d)
The availability of adequate and proper public or private
water supply and facilities for the treatment r 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.
(e) Whether the use or the materials '..~cidenta~ thereto or produced
thereby may give off obnoxious, gases, odors, smoke or soot.
(f) Whether the use will cause disturbin~j emissions of electrical
discharges, dust, light, vibration or noise.
(g)
Whether the operation in pursuance of the use will cause
undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if
proposed by the town or by other competent governmental
agencies.
(h)
'The necessity for bituminous-surfaced space for purposes
of off-street parking of vehicles incidental to the use, and
whether such space is reasonably adequate and appropriate
and can be furniShed by the owner of the plot sought to be
used within or adjacent to the plot wherein the use shall be
located.
(i)
Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason of.or as
a result of the use, or by the structures to be used therefor,
or by the inaccessibility of the property or structures thereon
for the convenient entry and operation of fire and other
emergency apparatus t or by the undue concentration or
assemblage of persons upon such plot.
Whether the use or the structures to be used therefor will
cause an overcrowding of land or undue concentration of
population.
(k)
Whether the plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and
expansion thereof.
(I)
Whether the use to be operated is reasonably near to a church,
school, theater, recreational area or other place of public
assembly. ]
Interpretations. On appeal 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:
(1)
Determine the meaning of any provision in this chapter or of any
condition or requirement specified or made under the provisions
of this chapter.
(2) Determine the exact location of any district boundary shown on
the Building Zone Map.
Section 1100 122! 100- 272. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may impose such
conditions and safeguards as it deems necessary or appropriate to preserve
and protect the spirit and the objectives of'this chapter.
-102-
Section [100-123] 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its own rules
of conduct and procedure.
section [100-124] 100-274. Fees.
All applications to the Board of Aopeals for any relief herein shall be
accompanied by a fee of~'one hundred .f;.fty-doIlars ($150.]~. ._~
Section [100-125] 100-275'. Notice of hearing.
A. In all cases where the Board of Appeals Is required to hold a public
hearing, in addition to the notice of such hearing required by taw, a
written notice containing the following information shall be sent by the
person peti{ioning such Board, or his agent, by either certified or
registered mail, to every owner of property Immediately adjacent
thereto. In the event that any petitioner owns or has any interest in
any property immediately adjacent to the property which is the subject,
of such petition, then written notice shall also be given to the owners
of the property adiacent to such other property of the petitioner· For
the purpose.of this section, the words "owner" or "property owner"
mean the owner as shown on the current assessment roll of the Town
of Southold. The notice required by this section shall be mailed by the
petitioner, or his agent, within five (5) days preceding the filing of -
the petition in the Town Clerk's office. Proof of mailing of such notices
in the form of a sworn statement shall be filed with the Town Clerk at
the time of filing of the petition. Such notice shall contain the following
information.
d
(1) A statement that the petitioner proposes to apply to the Boa~
of ApF~eals of the Town of Southold for a variance, speciat 'exceptic
special permit or other specified relief, as the case may be
(2)A description .sufficient to identify the property which is the
subject of the petition.
(3) The zone district classificatio~ of such property.
(4)--A detailed statement of the relief sought by the petitioner.
(5) The provisions of the zoning law applicable to the relief sought
by the petitioner..
(6) A statement'that wit.h,!~ five'(5) days Such petition will be filed in the
Southold Town Clerk s office,. Main Road, Southold, New York,
and ma.y then be examined during regular office hours.
(7) A statement that a public hearing with respect, to such petition
must be held by the Board of Appeals of the T~wn of Southotd
before the relief sought can be granted; that the person to whom
the notice is addressed, or his representative, has the right to
appear and be heard at such hea~ing; and that a notice of such
hearing will be published in the Official town newspaper not less
- than five (5) days prior to such public hearing.
B In lieu of complying with the provisions of this section, written verifi~i
· waivers of notice executed by the persons entitled to receive such
may be filed with the Town Clerk at the time of filing the petition·
C. Failure to comply with the provisions (~f this section shall not affect
-the validity of any action taken by the Board of Appeals.
DECEMBER 2, 1986
407
30. Article XIV, as renumbered Article XXVIII is hereby amended to read as
follows:
ARTICLE ~XlV] XXVIII
Administration and Enforcement
Section [I00-140] 100-280.
A.
Administrative and enforcing officer.
It shall be the duty of the Building Inspector and such deputies and
assistants as may be appointed by the Town Board to administer and
enforce the provisions of this chapter and of all rules, conditions and
requirements adopted or specified pursuant thereto.
The Building Inspector and/or his assistant and deputy building
inspectors shall have such right to enter and inspect buildings,
structures or premises and to perform other acts necessary for the
enforcement of this chapter .as is conferred upon them by law. He
shall maintain files of all applications 'for building permits and plans
submitted therewith and for certificates of occupancy and records of
all building permits and certificat~es of occupancy issued by him, which
files and records shall be open to public inspection and to perform such
othe~ acts necessary for the enforcement of this chapter as is conferred
upon them by law.
Said Building Inspector shall keep a record of every identifiable complaint
of alviolation of any of the provisions of this chapter, and of'the action
taken on each such complaint, which records shall be public records.
He Shall report to the Town Board, at intervals of not greate~r than
three (3) months, summarizing for the period since his previous report
all b, uilding permits and certificates of occupancy issued by him and
all complaints of violations and the action taken by him thereon.
The Building Inspector shall make the necessary inspections for the
purpose of ascertaining whether or not existing conditions comply with
the provisions of this chapter.
-~A_t the request of the Town Board, the Bu!ldinc~ Inspector shall inspect
any premises for the purpose of ascertaining w~ether or not existing
conditions comply with the provisions of this chapter and report, in
writinc~, to said Board the results of his findings.
Fo
At the request of the Planninc~ Board, the Building Inspector shall
review site plan applications for compliance with this chapter and
requirements established in the presubmission conference.
Section [100-141] 100-281. Building permits.
No building in any district shall be erected, reconstructed, restored, moved
or structurally altered without a building permit duly issued upon application
to the Building Inspector. No building permit shall be issued unless the
proposed construction or use is in full conformity with all the provisions
of this chapter and the provisions of all other applicable laws, ordinances,
rules and regulations. Any building permit issued in violation of the provisions
of this chapter shall be null and void and of no effect without the necessity
for any proceedings, revocations or nullification thereof; and any work
undertaken or use established pursuant to the issuance of a permit in
violation of the provisions of this chapter shall be invalid.
Applications. Every application for a. building permit shall contain the
following information and be accompanied by the required fee and a
plot plan drawn to scale and signed by the person responsible for each
drawing. If no such plot plan is available, a survey is required,
prepared by a licensed engineer or land surveyor.
-104-
4 0.8 '
DECEMBER 2, 1986
If the Building Inspector deems it necessary that plans and specifications
be examined to ascertain if the proposed building will comply with applicable
building construction, housing and fire codes, he may require that plans
and specifications be filed with the building permit application.
(2)
The actual shape, dimensions, radii, angles and area of the lot on
which the buildin§ is proposed to be ~rected, or of the !ot on which
it is situated if an existing building, except in the case of the
alterations of abuildin~ which do not affect the exterior thereof.
The section, block and lot numbers, if any, as they appear on the
latest tax records.
(3}
(4)
(6)
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 all yards in relation to the subject building, and
the distances between such building and any other existing buildings
on the same lot and adjacent lots.
The existing and intended use of all buildings, existing ,or proposed,
the use of land and the number of dwelling units the building is
designed to accommodate; and the necessary'computations to
establish conformity to the bulk and density regulations.
Such topographic or other information with regard to the building,
the lot or neighboring Iots~ as ma~y be necessary to determine that
the proposed ~onStru~tion,,~v'iil co~form to the provisions of this
chapter.
No building permit shall be issued for the construction or alteration of any
building upon a lot without access toa street or highway as provided by
Section 280-a of the Town Law.
C. 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.
D. No building permit shall be issued fora building in any district where such
use is permitted by special exception unless and until such approval has been
duly granted by the board havir~c) jur~sdicti0n thereof.
Go
No building permit shall be issued for any building until approval has been
received from the Suffolk County' Department of Health Services for the
proposed water supply and sewage disposal System.~
The building permit application and all supporting documentation shall be
made in triplicate. Upon t.~e issuance Of a building permit, the Building
Inspector shall return one copy of all filed documents to the applicant.
The Building Inspector shall, within ten (10) business days after the filing
of a complete and properly prepared application, either issue or deny a
building permit. If a building permit 'is denied, the Building Inspector shall
state in writing 'to the applicant the reasons for 'such denial.
Every building permit shall expire if the work authorized has not commenced
within 12 months after the~date of issuance, or has not been completed within
18 months from such date. If no zoning amendments or other regulations
affecting the property have been enacted in the interim, the Building
Inspector may authorize, in writing, the extension of the permit for an
additional six months. Thereafter, a new permit shall be required.
-105-
DECEMBER 2, 1986
4'0 9'
I. As soon as the foundation of a building or of any addition to an existing
building is completed, and before, fi'rst-story framing or walt construction
is begun, there shall be filed with the Building Inspector an accurate
survey, signed by the person responsible for said survey, showing the
exact location of such foundation with respect to the street and property
'lines of the let. No further construction shall be performed until such
.... ~su'rv~y is approved by th~ ~uHdlng Inspector,
J. Permit fees.
The following fees shall be paid upon the filing of an application with' the
Building Inspector for a building permit, which fees shall be paid h~tc
the general fund if the application is approved or returned to the appli-
cant if the application is denied:
(a) Single-family dwellings:
(i)' New dwellings and additiohs to existing dwellings: fifty d~,~%rs
'($50.) plus' fifteen cents ($0.15) for each square foot of floor
area in excess of eight hundred fifty (850) square .feet.
(ii) Accessory buildingS, and additions and alterations to existing
accessory buildinc~s: , twenty-five dollars ($25.) plus fifteen
cents ($0.15) for each square foot of floor area in excess of
five hundred (500) square feet..
(b) Farm buildings and additions and alterations to existing farm buildings:
fifty dollars ($50.) for each 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 ($0.20) for each
square foot of floor area in excess of one thousand (1,000) square
feet.
(ii) Accessory buildings and additions and alterations to existing
accessory buildings: twenty-five dollars ($25.) plus fifteen cents
($0.15) for each square foot of floor area in excess of five hun-
dred (500) square feet.
(~d) Foundations constructed under existing buildings: seventy-five -dollars ($75.).
(e) Swimming pools, together with required enclosure fencing: one hundr~
fifty dollars ($150.).
if) All other structures (i.e., fences, etc.) and additions and alterations
to such structures: twenty-five dollars ($25.).
(g) Signs: The fee for ali signs, except signs permitted by ~ 100-30C[9)
shall be one dollar ($1.00) for each square foot of sign area, with a
minimum fee of twenty-five dollars ($25.).
(h) DemolitiOn and/or removal and/or relo~ation of any building: ten della
($10.) minimum and five cents ($0.05) for each square foot in excess .
three hundred (300) square feet of floor area.
(2) For the purposes of this'Subsection J, cellars, decks, attached garages
and any habitable area shall be included in the calculation of floor area.
Section I100-142] 100-282. Revocation of permit.
The Building inspector may revoke a building permit theretofore issued and
approved in the following instances:
A. Wh~re he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plan or specifications on which the
building permit was based.
-106-
DECEMBER 2, 1986
.B. Where he finds that the building permit was Issued In error and should
not have been Issued in accordance with the applicable law.
C. Where he finds that the worn performed under ti~e permit Is not being
prosecuted in accordance with the provis!ons of the .application, .plans
or specifications.
D. Where the person to whom a buildln~ permit has been issued falls
or refuses to comply with a stop order issued by the Building Inspector.
Section [100-143.] I00-'283. Stop orders.
. .'-.'2"~:: ,..',.' '. ' ..
Whenever the Building lnspe'ct~r"has"re~so'nable grounds to believe, that
work on an'/ building or structure Is being.prosecuted in violation of the
provisions of the appIlcable law,-ordin~.nces or.regulations, or not in
conformity with the provisions 0~ an application, plans or specifications ·
on the basis of which a building permit was issued,' or in an unsafe and
'dangerous manner, he shall notify the owner of the property, or the
.owner's agent or the person performlnc,~ the work, to suspend ail building
activities until the stop order has been rescinded. Such order and notice'
shall be in writing and shall state the conditions under which the work
may be resumed, and ma,/ be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon a
c'&nspicuous portion of the building under construction and sending a copy
Of the same by certified
Section [100-I4~.] 100-28~,.. Certificates of occupancy.
Ae
A certificate of occupancy shah be applied ~'or from the Building
Inspector and it shall be unlawful to do any of the following until
a certificate of occupancy is issued therefor, to wit:
(1)
, ~
Occupancy and use of a building erected, reconstructed, restored,
structuaIl¥ altered or moved, or any change in use of an existing
building.
Occupancy, use of any change In the use of any land.
(3) Any change in use of a nonconforming use.
Cm
No certificate of occupancy shall be issued for. the use of a building
'.or lands requiring a special exce~3tion ~ or special
permit, or for any land use requiring a ~te 'plan
approval by the Platllning Board, unless and until such special
exception or special permit a,_~_~_E~_y, al o~ site plan 'approval has been
duly granted. Ever,/certificate o~'~ccupanc¥ for'which a special
exception, ·special permit or site plan approval has been granted,
. or in connection with which a variance has been granted by the Board
of Appeals, shall contain a detailed statement of any condition to
which the same is subject.
Application for' a certificat~ of occupancy on a form furnished by the ~
Buildin.c] Inspector for a new building or for an existing building I ,:1
which b;as i3een alt.'ered shall be made after the erection of such .~,
building or part thereof has been completed in conformity with the
provisions of this chapter, and, in the case of a new building, shall
be accompanied t3y an accurate plot plan, or if not available, by a
survey prepareo by a licensed land surveyor or engineer, showing
the location of the building as built. Such certificate shalI be issued
within ten days after receip~ of the properly completed application,
provided that. the application states that ail requirements of all other
applicable codes or ordinances in effect are complied with.
-107-
DECEMBER 2, 1986
4-1i
'E.
If the proposed use is In conformity with the provisions of this chelator
and all other applicable codes and ordinances, a certificate of occupanc'~'
for the use of vacant land or for a change of use or a nonconforming
use shall be issued by the Building Inspector within ten days after
receipt of a properly completed application. If a certifica'te of
occupancy is denied, the Building inspector shall state the reasons
therefor in writing to the applicant.
Every application foe a certificate of occupancy or a temporary
certificate of occupancy shall be accompanied by the fee herein- i
after Specified. Copies of such certificate will be issued upon thee
payment of the fee hereinafter specified.
A certificate of occupancy shall be deemed to authorize and is required
for both initial occupancy and use of the building or land to which
it applies.
Upon writt'en request and upon payment of the fee hereinafter
.specified, the Building InspectOr shall, after inspection, issue
a certificate of occupanc,~ for any building or use thereof or of
land existing at the time of the adoption of this chap:er, or any
amendments thereto, certifying such use and whether or not the
same' and the building, conform to the provisions of this chapter.
A record .of all certifi~:ates of occupancy shall be keot in the office . .
of the Building Inspector, and copies shall be furnished on request
tO any agency of the Town or to an~/ persons having an interest in
the building or land affected'.
Certificate of occupancy fees. The following fees shall be paid upon
the filing of an application with the Building inspector for a certificete
of occupancy, which fees shall be paid' into the general fund if the
application is approved, or returned to the applicant if the applicatio,'
is denied:
[a) Business buildings and/or business uses and additions and alterz-
tions thereto: fifty dollars ($50.).
(b) New dwellings and additions and alterations thereto: twenty-five
dollars ($25.).
(c). Accessory buildings and additions and alterations thereto:
twenty-five dollars ($25.).
(d) Pre-existing dwellings: fifty dollars ($50.).
(e) Vacant land: twenty dollars ($20.).
(f) Updated certificates of occupancy by reason .of additions or altera-
tions: fifty dollars ($50,).
[g) Copies of certificates'of occupancy issued five or less years ago:
five dollars
Section [ 1
Copies of certificates of occupancy issued' more than five years
ago: ten dollars
00-145] 100- 285, Penalties for offenses.
For each offense against any of the provisions of this chapter or any
regulations made pursuant thereto or for failure to-comply with a
written notice or order of any Building inspector within the time
fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person wino
commits, takes part or assists in the commission of any such offense
or who shall fail to comply with a written order or notice of any
Building Inspector shall, upon a first conviction thereof, be guilty
of a violation punishable by a fine of not exceeding five hundred
dollars ($500.) or by imprisonment for a period not to exceed fifteen
(15] days, or both. Each day on which such violation shall occur
shall constitute a separate, additional offense. For a second and
subsequent conviction within eighteen (18) months thereafter, such
person shall be guilty of a violation punishable by a fine not exceeding
one-thousand five hundred dollars ($1,500,} or by imprisonment for
a period not to exceed fifteen (15) days, or by both such fine and
imprisonment,
-108-
412
DECEMBER 2, 1986.
!
31,
32.
33.
Section [100-147] ,100-286. Rern~dles.'.. ...:.. . .
In case any building or structure Is erected, 'const?ucted,' reconstructed,
altered, repaired, con~erted or maintained, or any building, structu, re
or land is used, In violation of this chapter or' of any regulations made
pursuant thereto, tn addition to other' ?emedtes provideci by law, any
appropriate action o~ proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent such unlawful erection, construction,
reconstruction, alteration, repair,conversion, maintenance or use, or'to
restrain, correct or abate such violation, or to prevent the occupancy of
said building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises,
Article XV, is renumbered Article XXIX and Sections 100-150, 10~}-151. and
100-152 thereof are renumb~red 100-290, 100-29I and 100-292 respectively.
· ..,'.-. ~. · . .;.... . , ;~;~' -..,;.. , .." :.... .. .
Article XVI of Chapter '100, as added by Lecal Law No. 14, 1985, entitled
"A Local Law to-provide for a Moratorium in certain use Districts" is hereby
repealed. ' '- .... ,";' ~'.'" ' :, · "v.' .,:.:....v.."'.-,!-../ .'.:..
Said Chapter 100 is hereby amended by adding a new Article thereto to be
Article XXX to provide as follows':
.-.'.,:.:. · ~..;~.:,. ~;:. '~. ,.. ;.
.-...;~' ARTICLE XXX..";~...~-.'.,:
Severability
Section 100-300.. Severabllity. .: -..
Should any section or provlsion of this chapter be de~lded by the .courts
to be unconstitutional or invalid, such decision snail not aff. ect the-validity.
~3f the chapter as a whole or any par~ thereof other than the oart so oecided
to be unconstitutional or invalid.
34. This Local Law shall take effect upon its filing with the Secretary of State.
:19.-~/ote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, COuncilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to exempt our public libraries from the payment
of the annual charge for supplements to our Town Code. I offer that resolution.
20. Moved by SuperviSor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby exempts ali public
libraries within the Town of Southold from payment of a $50.00 annual charge for
_supplements to the Code of the Town of Southold.
20.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman S[outenburgh, ,Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is~to apply for a permit."
21.
Moved by Justice Edwards. seconded by Councilman Penny. it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
intendent of Highways Raymond L. Jacobs to apply to the New York State Department
of Environmental Conservation for a permit to stabiliZe the shoreline at Kenny's Beac.,~
Southold.
COtUNCILMAN SCHONDEBARE: Question, What is'stabiliZi:ng? What way?
COUNCILMAN PENNY: SimiiiaP to what we've done in' the past. Construction debris'
rip rap, just to harden the shoreline surface. No protruding structures.
SUPERVISOR MURPHY: One of the concerns, Jay, was this material: floating around,
and as we had the request to clean it before the people could use it.'
COUNCILMAN PENNY: We've also tentatively agreed that depending upon what
happens, it may be necessary to close Kenny's Beach by the summertime.
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
413
SUPERVISOR MURPHY: And number 22 is to authorize' the execution of a letter of
agreement with_the Village.
22.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a letter of agreement, as prepared
by Town Attorney Tasker, between the Villaqe of Greenport and the Town of Southold,
to establish the hook-up rate to the new sewer line by those resicences on Seventh
Street, Greenport.
22.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And number 23 is :to authorize the Housing Rehabilitation
Prgoram in'the Town of Southold to provide the hook-ups for the eligible people
on the Seventh Street Sewer. I offer that resolution.
23~
Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby determines that
those income eligible residents of Seventh Street, Greenport, presently under the
Housing Rehabilitation Program, shall be completely hooked-up to the new sewer
line, and the cost of hook-up, lin~taliation of the line to the residences and other
related costs shall be paid from Community Development Funds
23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to authorize' the Town Clerk to advertise in
The New York Times for an Accountant for our Accounting Department.
24. Moved by CouncilWoman Cochran, seconded by Councilman Schondebare, it'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise in:The New York Times, Sunday editibn', for'
the services of an Accountant for the Town of Southold.
24.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to rescind a prior resolution of 1.1/18.-
25.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of So~thold hereby rescinds their
Resolution No. 28, adopted on November 18, 1986:, accepting the proposal of
Holzmacher, McLendon & Murrell, P.C. to provide professional environmental,
engineerin9 and regulatory affairs services in connection with the preparation
of a Part 360-Application in connectionw ith a resource recover project for the
Town of Southold Municipal Solid Waste and Sludge facility, at a per diem mst
not to exceed $30,000.00 to $45,000.00.
SUPERVISOR MURPHY: We have to do a litt:le more negotiating with the firm who
wiil'do our application, our Part 360 Application to the DEC for our Landfill:
25.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This'resolution_was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is'to approve the Local Law No. 16 which we
had the public hearing on tonight. I offer that resolution.
26. Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, a proposed Local Law No. 16 - 1986 was introduced at'a meeting of this
Board held on the 6th day of November, 1986, and
WHEREAS, a public:hearing was held thereon by this Board on the 2nd day of
December, 1986, at which time all interested persons were given an opportunity
to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 16 - 1986 be enacted as follows:
LOCAL LAW NO. 16- 1986,
A Local Law in Relation to Board of Appeals Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as
follows:
I. Section 100-124 thereof is amended to read as follows:
100-124. Fees
All applications to the Board of Appeals for any relief herein shall be
accompanied by a fee of one hundred fifty ($150.) dollars.
II. This Local Law shall take effect upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man SchOndebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
414
27.
DECEMBER 2, 1986
SUPERVISOR~MUF~B~HY'.:. Okay, that's the end of our prepared and added-on-to-
agenda ....
COUNClLJt~AN PENNY: Frank, I have one more resolution here. This popped up
as a result of our last discussion during the Work Session.
SUPERVISOR MURPHY: Go ahead.
Moved by Councilman Penny, seconded by Justic~ Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor
Francis J. Murphy, in:accordance with Town Law 222, to provide detaile~d plans,
specifii:ations and any estimate of costs, to be approved by the Town Board, for
the construction of buildin~ls, and the contract for such work must be awarded to
the lowest responsible b dder, after advertisement for b ds, when r~acluired by
Section 103 of the General Municipal Law, before any work procees at the Scavenger"~'~
Waste Plant.
SUPERVISOR MURPHY: I move to table it. It's entirely irrelevant. It's not our
property. It's not our business. It's the Village of Greenport. Move to table it.~
COUNCILMAN PENNY: Who,s paying for it?
TOWN CLERK TERRY: Is there a second?
JUSTICE. EDWARDS: I second it.:
TOWN CLERK TERRY: To table it?
COUNCILMAN STOUTENBURGH: I'll second it to table it.:
Motion to,Table- Resolution No. 27.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the foregoin9 Resolution No. 27 be tabled.
COUNCILWOMAN COCHRAN: If we table, can we perhaps take care of it at the
same time we're going to be setting a meeting and just make it :an offici'al Town
Board meeting, then just a meeting to get together?
SUPERVISOR MURPHY: Which one? On---
COUNCILWOMAN COCHRAN: We're going to be setting one the beginning of the
week.
SUPERVISOR MURPHY: With the engineers? Sure.
COUNCILWOMAN COCHRAN: Then why can't we take care of this~ This would
give all of us the opportunity to have a lit[le bit more information, instead of all
of a sudden just jumping the gun? I'd apprecia[e it.'
COUNCILMAN SCHONDEBARE: Let's have a vote on the table then.
Vote on motion to Table Resolution No. 27.
Vote of the Town Board: Abstain: Councilman Penny. Ayes: Councilwoman Cochran,
Councilman Schondebare, Councilman Stoutenburgh; Justice Edwards, Supervisor Murphy
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-to
agenda. Is there any Town Board member like to make any other comments, starting
on my left with Judge Edwards.
JUSTICE EDWARDS: Nothing, thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Thank you, no.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH:
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE:
No, thank you.
No, thank you, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, I'd just like to thank the Seventh Street residents
for coming down tonight, and I'm sorry that something that should have been done
DECEMBER 2, 1986 4
very easily at the end of the summer~-w~s~a~ed-~talking about this'three or four
months ago--has taken so long, and there is so much confusion, and hopefully,
George, I will try to fullfill:the second part of this request to you at our next
meeting by presenting a resolution that will follow through with what you were told
by Jim McMahon, and that was.from a discussion from this'Town Board. So I will
be putting up a resolution and if you want to attend the next meeting we'll see the
result of it. _.
GEORGE CAPON: Thank you.
SUPERVISOR MURPHY: All right, I have one item of business that I don't think
was resolved, and that was on the Dog Pound. Do we want to relocate the Dog
Pound? Or are we going to ask Mr. Tasker to---
i~OUNCiLWOMA-N COCH~RA~I~ i' though~the way 'it~'wa~ left was that We would begin'
immediately with getting bid' prices for the fencing and that the doors would be
corrected as far as swinging in and out so that the dogs were contained during the
night hours, and also that Mr. Tasker was asked to review the contract, which he
has had on hold because we told him to put it on hold. Perhaps we could also--if
Bob could review, we could also take care of this at our special meeting?
SUPERVISOR MURPHY: No, I have the authorization to sign the contract ....
COUNCILWOMAN COCHRAN: Once it'~ reviewed?
SUPERVISOR MURPHY: Yes, when Mr. Tasker approves of it.
COUNCILWOMAN COCHRAN: What you're asking is to go ahead with the building
of the kennels?
SUPERVISOR MURPHY: In its present location.
COUNClL~,¥OMAN COCHRAN: I don't think we ever reached a conclusion on the
present location. We were going to have Gary Strang come in and see if it was
feasible to move---
COUNCILMAN PENNY: Just to flip'it 'over ....
COUNCILWOMAN COCHRAN: Just to flip'the building over? Not to relocate it?
COUNCILMAN PENNY: ---which--but that's not relocation. I'd like to see it go
through. I don't feel that without redrawing all the plans and going to another
great amount of time that we can do too much about moving that building over,
which will'only result in'about 14 or 16 'feet being further away from the-property
line, and I feel that the way it was left today is that we were going to go ahead
and construct_this 'building, make the securing to the gates so' the dogs can't come
in' and out at night, and we were to proceed with a presentation or a proposal for
fencing and site work. That's the way I felt it was left today.
SUPERVISOR MURPHY: What I'm asking, do we want to direct Mr. Tasker to approve
the contract?
COUNCILMAN PENNY: I believe he already has.
SUPERVISOR MURPHY: I don't belie~,e he did:
TOWN ATTORNEY TASKER:. ! haven!t fully examined it.' When I was told to stop---
COUNCILWOMAN COCHRAN: When we have the special meeting, can we have Gary
come in at that time, since he wasn't available today? I still would like to see the
feasibility of flipping the building, George.
COUNCILMAN PENNY: 'Well, it'~ got to be redrawn.
COUNCILWOMAN COCHRAN: Well, let's talk to Gary and see what it involves.
COUNCILMAN PENNY: i have no problems. I don't think that no matter what we
do at this point we're going to get much done this year.
COUNCILMAN STOUTENBURGH: If that's the case, then let's do what Jean suggests.
SUPERVISOR MURPHY: Okay?
COUNCILWOMAN COCHRAN: So we have three things on the agenda for the special~
meeting~ Let's take care of it.
SUPERVISOR MURPHY: Okay at this~time I don't think there's anything more to
discuss on the Town Board, and l'd like to ask anyone in the audience if they would
like to enlighten us in any way? Mr. Carlin. We hope you had a nice Thanksgiving.
416
DECEMBER 2, 1986
FRANK CARLIN: I did~ Frank. i hope you did too.
SUPERVISOR MURPHY: We did;
MR. CAP, LIN: In fact, everybody on the Board. I have nothing to address the
Board with tonight, but you was speaking about the dog fence. I think :if"you
consider that, there's a lot of dogs that's outside now, because evidentially, you
know, they don't have the room inside of it. I really believe that if the dog pen
gets completed there'll be more dogs inside in' the evening and there'll be less noise.
COUNClIJ~IAN STOUTENBURGH: That's what we're working towards.
MR. CARLIN: So I think there's no need to move it.: If they're outside at night
and they see the police cars come in and the traffic at nic~ht and cars and they'll
bark.
COUNCILMAN STOUTENBURGH: Ail will be in§ide by the end of this week.
MR. CARLIN: So they shouldn't bark at night and I think that's your problem,
is :barking at night. So what I said; I have nothing major to address the Board
with tonight, except i'd like to hand you each out a copy of' what I have in'my
hand referencing the November 6th meeting. There's nothing to comment on tonight'.
When you have time you can read it '(copy of Newsday, October 2., ~1986 article
entitled "Tallying Town Tax Hikes in;Suffolk; copy of The Long Island Traveler-
Watchman ('1986:no issue date) entitled "Federal Funds for Hurricane'Cleanup"; and
copy of Suffolk Life, North Fork Edition, Wed., Nov. 6, 1986 article entitled "S'hold
tax rate hike now reported at 12%." Especially take notice where I have marked in'
yellow.
SUPERVISOR MURPHY: Thank you, sir: Anyone else like to address the Town
Board? on the left? Jean?
JEAN TIEDKE: There was a lot of speeding down our road this summer, on Hobart
Road (Southold), and it was not just 35 miles an hour. It'was 40 Or 45, and I think
that next summer the police should be alerted to this 'traffic, particularly where it's
heading for the beach.
SUPERVISOR MURPHY: Thank you, we'll make note of it and notify the PoliCe Chief~
Anyone else? On the left? In the middle? Would like to address the Town Board?
Over on the right? George.
GEORGE WETM(~RE: As a former Vice-Chairman of Affordable Housing Committee, I've
been sitting here giving some thought. You're passing all these increased fees for
subdivisions and rezonings and building permits and so forth, it seems to me I would
ask the Town Board to give serious thought to exempting any affordable housing over-
lay to all these fees, because I think you're look at at least $500 to $700 a house in
indirect taxes basically what you're talking about-, and I realize these people will' pay
their taxes once they're in; and the Town will be better for it. Please, gentlemen,
give it some thought.
SUPERVISOR MURPHY: Good comment. Anyone else like to address the Town Board?
(No response.) If'there's no further business I would like to offer a resolution to
adjourn and thank everyone for attending tonight.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 8:35 P.M.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk