HomeMy WebLinkAboutTB-11/23/1971SOUTHOLD TOWN BOARD MINUTES
Me~tin~ of N{)vember~3, t97~ ' -
The S~uthold Town-~Boar~m~t at~ th-e Office' o:f-Super~isor"A~bert
M. Martocchia~, '16 South Street, Gr~enport-~ N~w York, on Tuesday,
November-*'23~-~197~'at 3-~00 P.M.,~With:~h~foltowing. present:
Supervisor Albert M. Martocchia, Councilman James H.
Rich, Jr-;~; Coandil~an Howard C. Valentine, Justice--
Martin Suter, Justice Louis M. ~marest, Town Attorney
Robert W. Tasker, Supt. of~ HighwayS' RaymOnd- C.- D'ea~,
and Town Clerk Albert W. Richmond.
Moved by Justice Suter, seconded by Nustice Demarest, it was
RESOLVED: That the minutes of the m~etihg Of: Nove~ber~9, 1971
be and they hereby are approved.
Vo~e of th~ Town 'Board':~ Ayes: ''Superv-isor-MartocChia, Councilman
R-ich; Co~ndilman'Valen-tin~, Justice Suter, Justice Demarest.
Moved by' Co~'ncilma~* Val~tin~, s~conded by COuneitm~n'Rich, it was
RESOLVED: That-%h'm'next meetin'g Of~ ~,h~, ~Tofvn Board' wi'lt be held
.at the offi~c'e-~f''S~p~rwi~'0r'~Albe~t'M.. Martocchia, ~;16 S0uth-'Street,
Gr~n~o~t,~N-ew~York~ ~n'~D~cemb~r 7',' 1'971 at 3:00~ P ~M.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich-; ;' Co~nci*lma~n ~Valentine, Jus%ice sure'r; : J~St-ice ~Demarest.
Moved~-,by Justice ~Demar'est, seconded by Justice'Suter, it. w&'s
RESOLVED: ~'*'.Thak:~the~sapervisor; ~tbert M. - Martocc-hia, be
~autho~zed to advertise~'for bids and~-to·purchase~ from ~the-'-
lowest b~ons~ble-~bidder 300,0~0 gallons *of premium gasoline
or ' as- much~ a-s ~ may be:~n'eed~d f'o~"the .ToW~~ of South~td~'-'
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, 'Justice~Sut~r,- Justice- Dema~est.'
-MOrned by-JuSt'~ce~Suter~; seconded by Councilman Valen~'ine~'~ it was
RESOLVED: That $1,500 be and hereby-is transferred from'Full
Town Surplus to ~F~asi~LitF?~Water study of the Mattituck-Cutchogue are~.
Vote of the Town Board: Ayes: SupervisOr ~artOcchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice Sut~r, seconded by Councilman Valentine, it was
RESOLVED: That Supervisor Albert M. Martocchia be and he hereby
is authorized to increase from $10,000 to $11,500 the contract
with the firm of Holzmacher, McLendon and Murrell, Consulting
Engineers, to make a feasibility study a.nd report for a proposed
.Mattituck-Cutchogue water district, as more territory has been
requested by the Mattituck-Cutchogue fire commissioners.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman ValentiRe, seconded by Councilman Rich, it was
RESOLVED: That Supervisor Albert M. Martocchia be and he hereby
is authorized to contract for the placement of sod in front of
the new police building; sum not to exceed $880.00.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Valentine, it was
RESOLVED: That the Town Clerk be and he hereby is directed to
request the Long Island Lighting Company to install the following
lights:
Install
175 MV, LIL Pole ~3, Hill Rd. at intersection with
Har~er Rd., Salves Neck area, Southold, N. Y.
Remove 200 W Globe~ light, replace with 175 MV, NYTel Pole
S-7-8, Calves Neck area, Southold, N.Y.
Village Lane
~ote of the"Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Justice Demarest, it was
RESOLVED: That .Supervisor Albert M. Martocchia, be and he 'hereby
is authorized to contract to have the police boat removed from
the water hand delivered to tke Reconic ~ighway barn, and~ returned
in.the spring at a cost of not more ~than $160..00.
IT IS FURTHER RESOLVED: That a tarpaulin be purchased to cover
the police boat at a cost not to exceed $97.00.
.Vo~e of the Town Board: Ayes: Supervisor Martocchia, Co. uncilman
Rich, Councilman Valentine, Justice Surer, Justice Demarest.
Moved by Justice Suter,. seconded by Councilman Valentine,
WI4_EREAS Fred Lawson applied to the Town Clerk for a single
trailer renewal permit dated November 11, 1971,
NOW, THEREFORE, BE IT RESOLVED: That the application of Fred
Lawso~ to locate a single trailer on the south side of Sound
· Avenue, Mattituck, New York, be and the same hereby is granted
for a period or.six (6) months.~
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilm~n ~al~n%ine, Justice Suter, Justice D~marest.
Moved by Councilman Valentine, seconded by Justice Suter,
WHEREAS Oscar ~oldin applied to the Town Clerk for a single
trailer renewal permit dated November 11, 1971,
NOW, THEREFORE, BE IT RESOLVED: That the application of Oscar
~oldin to locate a single trailer on Lot No. 60, Greenport
Driving Park, Linnet Street, GreeDport, New York, be and the
same hereby is granted for a period of Six (6) months.
Vote of the Town Board: Ayes: Supervisor Mamtocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Mo~ed by Justice S~ter, seconded by Cc~ncilman Rich,
WHEREAS, John Tuthill applied to ~he Town Clerk for a.si~gte
t~ailer ~rene~al~- p~rmit dated November 1~, 1971
NOW, THEREFORE~ BE ~ RESOLVED: ~ That the application of John
Tuthill to locate a trai~er on the ~east .side of E~ijah's Lane,
Ma~tituck, New York, be and hereby is granted for a period of
six (6) months
Vo%e of~the.Town Boa~d: ~Ayes: Su~pervisor Martocchia-~ Councilman
R£~h~,.Councilman Valentine, Justice .Suter, Justice Demarest~
Moved by Justice Suter, seconded by Councilman Rich, it was
RESOLVED: ~hat the Southold Town Board ~elease the bond of
H~ R. Reeves & Sons in the ~mount of $15,000 as recommended~by
the .Southold T~wn Plan~ing Board and Superintenden~ of Highways,
for the completion of roads and other improvements in~t~e
subdivision known as Bennet-~s Pond, located off Westphalia
Road, Mattituck-~. New York.
Vote of-th~~ Town Board~:~ Ayes: Super~is:or Martocchi~~, ~Couscilman
Rich, Councilman Valen%ine,~ Justice Suter, Justice Demarest.
Moved by Councilman Va~lentine, seconded by Justice Demarest, it was
R~SOLVED: That Hb~a~duT~ ~e~g~dFishe~ea~eabn~ e~ployee,
· f ~Pp~m~ed, be and hereby are authorized to use the town car
for transportation 'to ~abylon Town Hall to attend New York State
Building Inspectors School, on various dates in December, January
and February.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Councilman Valentine,
WHEREAS, the Southold American Legion, Griswold-Terry-Glo~e,r
Post ~803,'-~Southold,~ New York,appl'ied to the Tow~ Clerk for~ a
Bingo License, and
Wt{EREAS, the Town Board has examined the application and after
investigation,'duly made findings and 'determinations as r~quired
~by law,
NOW, THEREFORE,- BE IT RESOLVED: That the Supervisor-be and he
hereby is authorized and directed to execute on behalf uf the
Town Board the findings and determinations as required by law,
and it is further
RESOLVED; That the Town Clerk be and .he hereby is directed"to
~ssue' a Bingo License to the Southold American Legion, Griswold-
Terry-Glover Post %803, Southold, New York.
Vote of the Town 'Board: 'Ayes': Supervi-sor Martocchia, Councilman
Rich, 'Councilman 'Vafentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Demar~st, it was
"RESOLVED: 'Tha't the "following persons be' hired under the ~ederal
Emergency Employee Act for a per.iod of 'not more than two years,
or as long as the Act is in effect, tfa lesser pe~riod ~of 'time:
Leon Milden,-Laborer - effective November 16, 1971.
Paul Mellas, Laborer - effective November 1, 1971.
Frank Milowski, Mechanic - effective December 1, 1971.
Marjorie McDermott, StenoGrapher - effective Nobember 16, 1971.
'John Nierodzik,"Custodian - effective December 1, 1971.
Edward Hinderman, Assistant Building Inspector - effective
December 1, 1971.~
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich., 'Councilman Valentine, Justice Suter, Justice Demarest.
The following resolutions'was offered .by Justic~ Demarest-wh~
m~v-ed its adbption,' seconded by' Justice' SUrer, tb wit: Capital Note Resolution Dated November 23, 1971.
A resolution authorizing the-codification.of the laws,
erdinances, codes, resolutions, rules and regulatioas of.the
Town of Southold, SUffolk County, New York, at a maximum estimated
cost of $6,500.00 and authorizing the issuance.of $6,5'00~00 capital
notes to pay the cos~ thereof.
BE -IT RESOLVED, by t'he Town B-oard of The Town of Southold, Suffolk
County, New York, as follows:
Section 1. The codification of the laws, ordinanceS, codes,
resolutions~ rul'es and reGuTations of the' Town of So~thotd,- Suffol~
County, New York, is hereby authorized at a maximum estimated
cost of $6,500.00. ''
Section 2~' The plan foz the financing of such maximum
estimated cost is by the issuance of $6,500.00 capital notes
hereby'autborize~d t~ be issued pursuant t-o the proVisions-of
the Local Fiman~e Law. '
~ection 3. It'~is hereby det'ermined that the period'of
probable usefulness of such specific'object or purpose is three
years pursuant to subdivision 72 of paragraph a of Section 11.00
of'the Local'~i~anc~Law,'~nd~that the proposed maturity of the
notes herein authorized will not exceed five years.
Section 4. The faith and Gredit Of said Town of Southold,
Suffolk County, New York, are hereby i~revocably pledged to the
payment of the principal of and interest on such notes and an
am0~nt sufficient to pay the principal of and- interest on such
notes shall be included in the annual budget and levied as a
part of the taxes for each fiscal year to pay the principal
a~d interest becoming due and payable in such fiscaI year.
Section 5~. Subject to the provisions of the Local Finance
Law, the power to sell said capital notes is hereby delegated
to the 'supervisor, the chief fiscal officer. Said noteS Shall
be~ Of such terms, form and contents, and shall b'e ~sold i~ such
m~hner as may be prescribed by said Supervisor, consistent with
the provisions of the Local Finance Law.
S Section 6. The validity of such notes 'may be contests only
if:
(1) Such notes are authorized for an object or
purpose for which said Tc~n of Sou~hold is
nnot authorized to expend money, or
(2) The ?rovisions of law which sh0utd ~e complie~
with at the date of publication of this resolution
are not substantially complied with, and an
action, suit or proceeding contesting such
validity is commenced within twenty days after
the date of such p~blication, or
(3) Such notes are authorized in violation of the
provisions of the constitution.
Section 7. This r~so~u~lon which'takes effect immediately,
shall be published in full in the Suffolk Times, the official
newspaper, together with a notice of the T~wn Clerk in substantially
the form provided in Section 81.00 of thee Local Financ~ Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll- call, which resultsd ~S ~011ows~ Ayes:
Supervisor Martocchia, Councilman Rich, Counci~lman ~alentine,
Just~ice Suter, Justice Demarest.
The resolution having received at least a tw0-thi~ds vote
of the members of the Town Board was thereupon declared duly
adopted.
Moved by Justice Suter, seconded by Justice Demarest,
W~ER~AS St~nTey Sledjes~i has made application~ to the Town
Board to dedicate certain highways at Mattituck, in' Subdivision
known as Sunset Knolls, Sections 1 and 2, to be known as Stanley
Road, Dogwood'Lane, Daisy R~ad, Sunny Lane, Ruth~oad and,Sunset
Drive, more fully described in said petition, together with
release-executed by the owner~ ~'hereof, ~and~
WHEREAS' the' Highway Superintedent has' inspected the said ~ways
and has advised the Town Board that said proposed highways comply
in all respects with the specifications for the dedication of
highways in the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk be and he
hereby is authorized and directed to for~hWi'th cause the
dedication, release and deed to be recorded in the office of
the Clerk of the County of'Suffolk.
Vote of the Town Board: Ayes: Supervisor Mart~cchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by C0uncilman Valentine, seconded by Justice~Demares~,
WHEREAS it is the ~pinion of~the~Town~'Boa~d that-an. Orderly and
accessible arrangement of the laws and ordinances of~ the-Town of
Southold will be to the advantage~and~wetfare of the Town of
Southold and be of material benefit in the operation of the Town
government;'
NOW, THEREFORE, BE IT RESOLVED THAT:
Section ~. The Supervisor be directed to authorize General
Code Publishers Corp. to compit~, and arrange for the codification
of the Laws and Ordinances of the Town of Southold and to sign the
contract upon its approval by the Town Attorney.
Section 2. The work to be done in cooperation with and
under the direction and supervision of Robert W. Tasker,.the
Town-Attorney~
Section '3. The cost of such Code shall be $6,500.00 payable
in accordance with said contract
Vote of the Town Board: Ayes: -Supervisor ~Martocchia, Councilman
Rich, Councilman VaLentine, Justice Suter, Justice Demarest~
.Moved by Councilman Valentine, seconded by Justice Demarest~
WHEREAS, this Board held a public hearing on the_28t-h day of
September, L97.1, in ~the matter of the amendment of_the town
ordinance entitled ~!The~ Building Zone .Ordinance of ,the._To~-n_
of Southold, Suffolk County, New York" together.wi~h.~he
Building Zone Maps-forming a part thereof at which time all
interested persons were given an opportunity to be heard ~ith
respect to said matter, and -
WHEREAS, this Board now deems it in the public interest that
said proposed amendments be~.enacted,
NOW, THEREFORE, :BE IT RESOLVED that "The Building Zone Ordinance
of the Town.of Southold, Suffolk County, New York" together with
the Building Zone Maps formin~ a part thereof consisting of six
sections designated A to-F inclusive and which have been signed
by the members of this Board be amende~ as follows, to wit:
AR?ICLE I
PURPOSES - DEFINITIONS
SECTION 100- PURPOSES -. There is he.r~by established a
comprehensive zoning plan for the Town of Southold, which plan
is set forth in the text and map that constitute this ordinance.
Said plan is adopted for~the purposes, set forth in Article
of the T.own Law, which, in the interest of the protection and
promotion of the public health, safety., and.welfare, shall be
deemed to specifically include the following, among others:
1. The facilitation of the efficient and adequate
provision of public facilities and services;
~2. The assurance of adequate .sites for residence, industry,
-and comme~ce; ......
3. The provision for privacy for families~;
4. The prevention and re~.uction of traffic congestion,
~so as to promote efficient and safe circulation of vehicles
and pedestrians;
5. The maximum protection of residential areas; ~
· 6. The g~adual elimination of non-conforming'uses;~
7. The enhancement of the appearance of the. Town.of
Southold as a whole;
8. The encouragement of flexibility in the design and
development of land in such a way as to promote the most
appropriate use of ~lands to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural
and scenic qualities of open lands;
9. The fostering and protection of a~r~culture and
fishsries.
SECTION 101 ~ DEFINITION$~- Unless otherwise expressly
stated, the following terms shall for the purpose of this
ordinance have the meaning herein indicated. Words used in
the present tense include the future; the singular number includes
the plural and the plural the sing~lar~ the wo~df"perSon" includes
a corporation as well as an individual; the ~ord "~ot" includes the
word "plot". The term "occupied" or "used as applied to any
building shall be construed as though fOl!owe~ by the words "or
intended, arranged, or designed to be .occupied or ~sed .
ACCE~SSORY = A building or.~use_clea~ly- incidental~Or sub-
ordinate to, and customary in.connection with, the principal
building or use on the same lot.
BASEMENT - A' story in a building, the struCtural ceiling
level of which is four feet or more above the average level of
finished grade where such grade abuts that exterior ceiling
level of which is four feet or more above the average level
of finished g~ade where such g~ade abuts that exterior wall
of such building which fronts on any street, and the floor
level of which is below finished grade' at any point on the
periphery of the buitdihg.
BILLBOARDS - A sign,~ including ~he type commonly.known as
a billboard, which directs attention.to a business,, commodity,
service, entertainment or attraction, sold, offered or existing
elsewhere than upon the same lot where'such sign is displayed
or only incidentally upon~such lot.
BOARDING AND TOURIST HOUSES ~A~building'~othe~than.a~hotel
where lodging, with or without meals, for five or more persons
is furnished for compensation ....
~BUILDING - Any combination of ~.materia~s forming'any cons-
truction, except where entirely underground,-~so as to'permit the
use of the ground above same as if no building was present; the
ter~m .~'.buitding".shall ~include .'the te~m !~structure~ ~as well as
the following: -~ .........
a. Signs;
: c.~ Walls; othen:than retaining-.walls:projecting _above the
ground not more than 3 feet at the ~igher ground level and not
more than 6-1./2 feet at the lower ground level;
d. Radio and television receiving and transmitting towers
and.antennae, e~cept for.-such antennae.installed on the roof of
a "building~ and exten'ding not more'than 20 feet.above the highest
leve~'of ~he r~of ~of/su:ck "~uilding"~ affd
e.' Porches, outdoor bins and other similar ~structures"
CELLAR - Any space in a building the structual ceiling level
of which is less than four feet above the average, finished grade
where ~such grade abuts that exterior wall of such.building which
fronts on.any street.~ A cellar shall not be considered in deter-
mining the permissible number of stories.
COURT, INNER - An.open space enclOsed['on all/'sid~s by exterior
wa:lis of a building.
¢O~T;~OUTER-=.An:~open space.enclosed 6~t~m~e.'sides by
~e~io-r walls.of a building - -. '
'~COURT, OUTER,''' DEPTH.~.OF -.The-~inear average dimension measured
from the unenclosed side ~of the court to the farthest wall thereof.
-COURT, OUTER, WIDTH O~ -~The l:inear.dimension _of the un-
enclosed side of the:court.
CURB LEVEL ,~ The established elevation ~of the street grade
at the point that is opposite the center of the wall neares~t to
and ~facing the street line.
DWELLING~ ~..ONE'=FAMILY~ -_.A~ detached ~building conta.ining one
d~ling ~unit~ ~only.- -
DWELLING~ MULTIPLE~= A ~u~ild~ng or portion thereof, containing
three or more dwelling units .... ...
.DWELLING,. ROWDR _ATT/~HE~ ~ A'~one=family _dwelliSg~with two
common or-party, waits separating it from adjacent units, on both
sides
DWELLING, TWO-FAMILY ~-: A detached..building'.containing two
dwelling 'units:only.- .. ' .... '-_.~' ~ ..........
-- DWELLING, 'SEMI-DETACHED ~ ~ ane family, dwelling with'one
wall in common wi~h an adjacent.dwelling
DWELLING-UNIT -.A building, or entirely self-Contain-ed-
portion thereof containing complet_e_housekeeping.£acilit~e.s for
only one family, including any domestic servants employed on the
premises and ha~ing no enclosed space <(other ~than-:v~stibules,
entrances or other hatlwa~s..or_ porche.s)~.or~cookin~ or._sanitary
f~ilities"in common,wi.th any..ot~er-_"dwetl~ng unit." :A-hause
traile~') _~ boarding or'rooming house, convalescent home,: fraternity
or sorority house, hotel, _motel, ~nn, lodging, nursing, or other
similar home, or other similar structure shall not be deemed to
constitut.e a dwelling unit..
FAMILY - One or more persons occupying a-'dwelling unit as
a s~ngle non-profit housekeeping unit. More than five persons,
exclusive of:'domesti~ .servants.,. not retatsd by blood .... marriage
or.adoption~ shall not be considered to. constitute a family.
FLOOR /~REA .,. The .sum o~the g~oss horizontal areas .of~the
several floors of the building or buildings on a lot measured
from the exterior faces of exterior walls or from the 'center line
of party walls separating two buildings, excLusli~ cellar and
basement areas-used'only.f~r ,storage for the operation, and
maintenance of the .building.. _ - ' .-
FLOOR'AREA, LI~VABAE ~ All spaces with,in the exterior walls
of"a.dwelling.'unit exclusive~f.ga-rag,es,-:br, eezeways, unheated
porches, cellars, heater:rooms, and ha~-ements 'having a window
area of less than 10% of the square.:foot area of. the .room.
Usable floor area shall include.all spaces not:otherwise ex-
cluded above such as: principal rooms, utility rooms, bathrooms,.
all Close~s and hallways~opening directly into any r~oms within
the d~etling.unit and a-il attic a~pace ha~ing.a clear...h:e~ight of
si~ feet'from finished f.loor_tevel~.to:-pitch O,f.roof ~af~er wi~h
a 'clear height of seven.fee.t_six inches.from_finished..floor level
to ceiling level over 50%:of the~.area of.such attic spa~e..
FLOOR /~R-EA RATIO - The floor area in squar.e feet[of all
buildings on a lot divided by the area of such lot in square feet.
GARAGE,.' PRIVATE - A building used for the s~orage of one (1)
or more gasoline or other power driven vehicles owned and~used
by the owner or tenant of the lot on which it is erected, and
-for the storag'e of n~t exceeding .two ~2)addit~onal~vehicles
(not trucks) owned or used.by others ....
GARAGE~ PUBLIC - A building other than a private garage used
for housing or care of ~asoline or other Dower' driVe~ivehicles, or
where such vehicles are equipped for operation, repairs-, o~ kept
for remuneration, hire or sale.
HOME OCCUPATIONS - This shall be understood to include the
professional office or studio of a doctor, dentist, teacher, artist,
architect, engineer, music~a~,_lgwye~, magistrate or practitioner
or a similar character or rooms used for home occupations including
home baking, millinery or similar handicrafts, PROVIDED that the
office, studio or occupational rooms are located in a dwelling in
which the practitioner resides and in a building accessory thereto,
and PROVIDED further, no goods, are publicly displayed_on the
pre~ses~and no,sign or advert~semen~r is shown other than_a sign
nc~ 19rg~r~ than.tw? (2) square fee~.in total area~ bearing only
.the~name and o~cupation. (words only) of the practitioner.
HOTEL - A building occupied as the more or less temporary
abiding place of individuals who are lodging with or without meals
and in which, there are more than_ten (10) reoms usually occupied
singly and no provision, made for cooking in any room~or individual
apartment~ ~ .......
HEIGHT - The vertical distance measured from the average
elevation of ~the~finis~hed gaade at the~front o'f ~t~e'bUilding to
the highest point of the roof for flat and mansard roofs, and to
the mean height between eave and ridge for other types of~roofs.
JUNK YARD - Land. occupied or to be occupie~d for storage of
old w_ood, paper_,_ _cl_oth, 0r_~m~e~l., ?n??~ding old automobiles,
trucks, equipment, machinery, fixtures, and appliances~ not usable
as originally designed; and also including any portion of such old
9_utomo_biles, trucks~_equip~m_ent o~ machinery as are to may be sold
as an~ ~fpr jun~-or saluag.e.
LOT -~Any parcel~~ of~.land~n~ necessarily.coincident with a
lot.or.,lots shown~ on a map. of~ record, which is~occupi~ed or which
is to be~.oe.eupied by a building and~ its. accessory buildings, if
any, or by a group of buildings accessory thereto, if_ any~, together
with the required open spaces appurtenant to such buildings or
group of~ buildings
~ -~LO.T~ CORNER -.A lot-at the 3unctiop of and. abutting on two
or~ mo~e ~inte~secting~ stree~ts where the. interior angl~ of_. inter-
section..does not.ex.ceed 135 degrees.~ A lot abutting a~curved
street, shall be deemed a corner- lot if the tangents to_ the
curve at the points of intersection of the side lot lines with
the~s~reet Lines~ in~tersect at-,an interior angle of less than
135 degrees .....
.... LOT,.DEPT~ - The m~n~mum, distance from tke street line of
the lot to ~the rear_lot 1.ine of. such lo~.
LOT LI~E - Any boundary of a lot other than a s~reet line.
LOT LINE, REAR - The !~ line. generally, opposite ~to .... the
street li~e; if the rear lot line is less than 10 feet in length,
o~ if..the lot~ comes .to a poin~ in the rear,~ the rear lo~ line
shall be deemed to be a line parallel to the fron~ lot. line not
less than 10 feet long lying farthest from the f~ont lot line.
LOT WIDTH - Thp a~r~g~ d~stance-' ~etw~e~ side ~ot lines
~aken~-a~ the.front yard Qr~set-back line and .measured at_ right
a~gles~0 ~.he side ~Qt lines or alon~ a parallel to the street.
MANUFACTURING - Any-.process.wkereby. the nature., size., or
shape of articles or raw materials are changed, or where articles
a~e assembled ore. packaged ........
- . MAIN ~LOO~ - The largest area found by the projection of a
horizontal plane through the livable_floor ~rea which is ~nclosed
by the exterior walls of the building.
'~ · ~'MARINA OR' BOAT BASIN- Any premises contatntn~one<~ ...... ~'~' -- or more
piers, wharves, docks,' moorings, bulkhead~, buildings~.sl~ps,
basihs, 'or~ta~d~under~designed; use~6~.intende~t~'~be used
prima~iI~'for th~ d0~kih~'~r mo6ring of b0~t~f~r or wi~h~at
compensation.
-~0T~L - A-building-containin~gue~t ro6ms each~ or'which,or
each pair Of which, has a separate entaance lea~n~"di~e~tIy
from th~-6u'tsid% of~th~b~ld~,~with parkin~ space~-conV~hiently
10da~d' to~ each'6ni~, and~'which i~ des~gned,~used or-intended to
be used primarily for the accommodation of motor vehicle tran-
sients.
NON-CONFORMING USES - A non-conf~rming use is any us'e,
whether of a building or tract of land, or'both, existing on
the ~ffective ~ate of'thais ordihance'which does not-conform to
the use regulations of the District in which it is ~lo'~ated.
'PRINCIPAL BUI~LDING ~ A~bhiIding~in~'which is conducted the
matin' or ~rinCipat use~ ~'f the~t0~>oh~i~5 said bui'l~in~'~~
PUBLIC WATER~ PUBLIC SEWER - Communal ~ewage dispssal
systems and ~ommunal water supply systems approved by the
Shffolk 'C~unty Depar~tmeht of~Health,'and operat~d by a'm~nici-
pality or'public~ agency¥ ....
SIGN-~ Any s~ructure or part thereof, or any device attached
to a building or painted or represented~thereon~, ~hich shall
display or include any letter, word, model, banner,pennant,
insignia,~d'evice, trade flag, o~ rep~es%ntati0n which~%is in the
nature of', or which is'~sed~'~s~' an~'an~ou'nc~en~, ~-d-i~e~ti~oh~or
~dvertibe~eht~ ~r~ commercia.1-purposes or ~ther~isel A~s~gn
includes a billboard and a neon tube, string of' ligh'ts, or-
simila'r"devic~ ~t~lihing~or huh~ u~n' any .part of~a b~ilding
or lot, but does not include the flag or ~nsi~nia of' any
nation or group of nations, or of any governmental agency, or
of any'~politic~l, educa~tional~, char~i~tablej ~h'i,~anth~opic, civic,
professional, religious~ Or like campaign, dr'ire, movement, or
event. Excluded from this de'finition are-signs~which are~'solely
devoted to 'prohibiting trespassing, hunting or fishing-.
SIGN-AREA - Shall include all faces of a s~gn mea.Sur~d as
follows:
(a) ~Wh~n such sign' is on ~ plate o~ 'fr~ed or .outlined,
all of the area of-such' pTate~o~ the-area-ehclose~ by such frame
or outline shall be included;
(b) When such sign consists only of letters, designs, or
figures engraved, paint'ed, p~ojected or in ~ny m~n~e~ affixed on
a wall~~ t~e tot~al area ~f such sign shal-1 be~de~ed thee 'a-r~a
wit'hin wh'ich~all'of th~ matter of Which such sign ~ons~s~.S?may
be~ enscribed. · ~
STORY - That part of any building, exclusive of cellars but
inclusive' of basements, comprised~ between the level of one
finished 'fl'oor and ~he leVel'of t~e next ~igher finish'ed floor,
or i~f there be no~'higher finished floor, then that pa~t of the
building comprised between the level o~ the highest finished
floor and the top of the roof beams.
STORY, HALF -"Any space partially within the roof f~aming,
where the clear ~eight of not more than 50% of such space
between the~top of the floor beams a~d the structural ceiling
level 'is 7 f'e~t 6 inches or mo~e. · ' ~
STREET - A street, imp~o~¢~o ths%.sat%sfaction ef the
Planning Board which is one of the following: an existing Town,
County or State highway or street.; a street shown on an approved
Subdivision Final Plat; a street shown on a map filed with the
County Clerk (in accordance with~Sec-tion 280-a of the-Town Law)
prior to Planning Board authorization to review ~ubdivisions; a
street shown on~-the~Town~ Off-ic-ia~Map- - ~ - -
STREET LINE - The div,idinq-line between-a lot and a street.
STRUCTURAL ALTERATION - Any change in the supporting members
efta building, such as beams, columns, or-girders.
TRAILER --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
c~kin~. T~e~ter~ "tr'~iler~' sha!~_i~.clude vehicle.s~if mounted
o~-tempor.~ry o~ permanent foundations with the wheels~removed.
TOURIST COTTAGE - A detached building having Less than three
hundred fifty (350) square feet of cross section area, designed
for-or~Qccupied as ~i~ing and sleeping quartsrs for seasonal
o~cupany. ~
TOURIST CAMP - Any lot, p~ece or parcel of ground where
two or-_~more ten%s, ~en~ hQuses,, camp cottages, house cars or
house~traiters used as living or sleeping quarters are or may
be'located, said camp being opera%ed for or without compensation.
~S~BLE OPEN SPACE -.An unenclosed portion of the ground of
a lot which ~s ~ot 'de~oted to driveways, or parking sp~es,
which is free of structures of any kind, of which not more than
25% is roofed for shelter purposes only, the minimum dimensions
of which is 40. f.eet, and which is~available and accessible to
alt occupants of the building-or buildings on the said lot for
purposes of active .or passive outdoor recreation.
q USE, ACCESSORY --A~use customarily incidental and sub-
ordin~te.-%o the main use on.,a lot, whether such "accessoryTM
use~'.-.~e .conducted in ~ principal or accessory building.
YARD, -FRONT - An unoccupied ground area fully open to the
sky between the street line, or by the street line es~tablished
by the Official Map of the Town, or an approved Subdivision
Plat, and a line drawn parallel thereto.
YARD, REAR - An ~noccupied ground area fully open to the
sky between the rear lo~ line and a line drawn parallel thereto.
.YARD, .S~DE --An~unecc.~p~ed~ground~area fully open to the
sky ~e~ween anypropert~ line other than a.street or rear lot
line, and~a li~e_drawn parallel thereto between the f~ont and
rear yards.
II. ~..By amending Article I! to read,as foll0ws:~
SECTION 200 - USE DISTRICTS - Eor the purpose of this
ordiRa, nce,. the-Town of Southold,. outside of the .Incorporated
Village, is hereby divided into districts designed as follows:
"~A" RESIDENTIAL AND-A~RICULTURAL DISTRICTS
~ "M" LIGHT MULTIPLE RESIDENCE DISTRICTS
- - "M-i'! GENERAL MULTIPLE RESIDENCE DISTRICTS
"B"~ LIGHT' BUSiIN'ESS DISTRICTS
~'B~i".. GEN,ERAL~ BU, S INESS- DISTRICTS
"C" LIGHT 'INDUSTRIAL.- DISTRICTS
"C-i" GENERAL LIGHT INDUSTR-tAL-'DI~STR. ICTS
'SECT-iON ~20'1 ~'~-~ZONING MAP-Cp-.The b0'~-ndari~e~ of~the~ said districts
are hereby established as shown on the Building Zone Map which
accompanz'es, a~nd.w~i-ch, wlth~ all exp~-~la3n~&t0~ry.-~ma'~ttef~.thereon, is
hereby adopted and made a part of 'and incorporated into this
ordinance. Said map, indicating the Latest amendments, shall
· be' kept, up.. to date and ~a '~op-y 'thereof shal'l be kep~ i~ the office
of-the~ Building I~sp~ect0r ~for-~he use-a~d~bene~it o~~ ~the ~ublic.
SECTTON' 202 =-DISTRICT-BOU~ARtES'-- I~ determining the
bou-ndaries of 8is~e~s-hown- one-the ~z'on~ng map, bhe following
rules shall apply:
D~?.~ ~ere district~ bomndaries are- indic~ted~.as a~proximately
fo~l'o~ing~ the ~,center '-t~ines~ ~o~f st'reets~ -- hi~ghways~ .~terways'~ or
railroad rights-of-way or such lines extended, such c~n~te~r..lines
shall be construed to be such boundaries.
2. ~. ~ere sueh boundaries are indicated as approximately
following ..the -proper~y ~Lin~ of~ ~arks or..~o.ther .gubLicly- o~ed
"lands, such Lines-s~h-a~ll, b~ cons~rued %o be-such ~boundarie~.
31" Unless 'other~ise-sh0wn,-all_~di.~t~ict~bouDd~ries running
p~ra'~el tO, Etreets~sh.a'll'be construed-to be .200 feet back from
the rights-of-way of said ~stree~s. - ~ . ~-
4. tn all .6as'es where a district boundary divides a lot
in one-'ownership ah~ .more than 50%~of the ~rea of such lot
lies in the less restricted district, the regulations .prescribed
by this ordinance for the less ~estricted district shall apply
t.o such portion of the more restricted p0r~ion Off. said lot which
1-ies~within 30 feet of such district boundary~ For purposes of
this section, the more restricted district shall be deemed that
district subject to regulations which: prohibit the use intended
to be made'of said lot; -or require higher s~a~da~ds_~ith respect
to coverage, yards; screening, Landscaping and similar require-
· ~me~ts'~ ....
5. In all cases where a district boundary line is located
not more than 15 feet from a'tot line of recoE.~.$uch boundary
llne ~hall be construed to coincide With such lot line.
6. In ail other cases where dimensions_.sre~,not.shown on
the map, the location of boundaries shown on .the map.~shall be
determined by'the use of-the-~cale appearing thereon.
7. Unless shown on th~ zoning map, all tidal lands and
lands under wat~r.shatl'~be deemed to-be within~the use d~strict
to which they are contiguous.
,SECTION 20~.- EFFECT OF 'ESTABLISHMENT OF DISTRICTS -
Following~the effective ~date of th~ 0~dinance:
1. No building shall-~be~erected, moved~ altered, rebuilt
or-enlarged nor shall any land or building be used, designed ~
arranged to be ~s'ed/~r~any pu~p0se Or a~ manner except in
conformity with all regulations, requiremmnts, and restrictions
specified in 'th~S' ordlna~ee for the-district in which such
building or land is located.
2. No yard or open space required in connection with any
building or use shall be considered as providing a required
open space for any other building on the same or any other lot.
3-. -No lot shall be formed from part of a lot already
~occupied~by a building unless such building, all yards and
ope~ spaces connected therewith, and the reamining lot comply
with all requirements prescribed by this ordinance for t~e
distri-¢t in which said lot is located. No building permit
shall be issued for the e~ection of a building on any new lot
thus created unless such building and lot comply with all
the provisions of this ordinance.
4. Nothing contained inthis ordinance shall require
any change in the plans, c~nstru~ction, or designated use of
building complying with the Zoning Ordinance in force prior
to this Ordinance, if the following is ~ound to b~ist:
(a) A building permit shall have been duly issued
an~ .construc~tion shall have been started before the effective
date of this ordinance.
(b) The ground story framework ~incl.uding the second
tier of beams) shall have been completed within six months of
tbs date of the building permit; and
(c) The entire building shall have been completed
in accordance with such plans as have been filed with the
Building Inspector within one year from the effective date of
this ordinance.
5. Any ~e not permLtted by this ordinance shall be
deemed to be prohibited.
~ - 6. ~otwithstanding the limitations imposed by any other
provisions of'this ordinance~ ~no building, dredging, ~or filling
opera%ion-shaft be permit%ed below the datum of mean high water of
tidal water unless such building, dredging, or fillin~ operations
have been duly authorized snd are conducted in conformity with
all laws, o~din~nces~.~rules andregUtations of all governmental
agencies having jurisdiction thereof.
III.
By amending Article III to read as follows:
ARTICLE III
"A" Residential and Agricultural
District
- ~ECTION 300 ~- ~R an "A" District, no buildin~ 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 follow-
ing:~. ....
A. Permitted Uses
~ ~ 1 .... One.family attacked dwell-ings, not to exceed one
dwelling on each lot.
2. The following commercia~l agri-c~tural ~operations
and accessory uses, including irrigation, thereto, provided
that there shall ~e no storage of ma~nure, o~r other odor or
d.ust~producing substance, or use,~ except sprayln~and~dusting
topprotect vegetation, within 150 feet of any lot line.r~ ~
(a) The raising of field and garden crops, vine-
yard and orchard farming, the maintenance of nurseries, and the sea
seasonal-sale of products thereof in buildings subject to the
following special requirements:
i. All one-story buildings for display
a~nd~eta-il sales of agricultural and nursery products grown
primarily on the premises shall not exceed 1,000 square feet
in £1oor area. Display of produce shall not be less than 10
feet from all street and lot lines. ~ny stand in excess of
100 square feet in floor area shall be set back 20 feet from
the street line. Any'~stand in existence at the effective~ date
of this%ordinance must, within one year, comply with all 0f the
provisions hereof.
ii. Ali signs shall conform to the
provisions of Section 300 C 7 (b))
(b) Keeping, breeding and raising, fowl~, except
ducks, and large domestic animals on lots of ten acres or more.
{~.) Keeping of horses and ponys owned and used
by the owner of the premises for his personal use provided that
the land area devoted to such use shall not be less than 40,000
square £e~t.
(d) Barns, storage buildings, and other.~related
structures, provided such buildings shall conform to the yeard
requirements for principal buildings.
'~(3) Buildings, structures, and uses owned-or
operated by the Town of Southold. ~ · ~
B~ ~Uses Permitted by Special-Exception bv the Board of
ADpeals as herein provided.
The following ~ses are permitted as a special exception
by the Board of Appeals as hereinafter provided and subject
to Site Plan approval by the Planning Board in accordance.with
Article XIV hereof.
~. Two family dwellings, conversion 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' 50 feet to any street line and nearer than 20 feet
to any ~ot line.
~ (b) The total area covered by all principal
and accessory buildings shall not exceed 20% of the area of the
lot.
3. Private schools, colleges, and other educational
institutionS, subject to the.fo'llowing requirements:
(a) No building shall be less than 50 feet from
any street or lot line. ~
~' - -(b) The total area occupied by all ~principal
and acces~sory buildings shall not exceed 20% of the area of
the lot.
- (c) Any such s0~Ool shall be a non-profit
organization within the meaning Of the Interna~iRR~nRe Act and
shall be registered effectively thereunder as such.
(d) Any such school shall occup~ a lot with an
area of not less than five acres plus one acre for each 25
pupils for which the building is designed.
- ~'4.' Libraries, Philanthropic, eleemosynary 6r ~eligious
i~st~u~i0ns, h~pi~als, nursing and rest homes, or'sanitaria for
~e~eral medical care, but'excluding facilitie~ for the treatment
of all types of drug addiCtion, Subject to the following require-
ments:
~ ' ~ (a) No bUilding or part thereof or any parking
or loading area, shall be located within 100 feet of any street,
or~50 feet of any lot line.
(b) The total area covered by principal and
a~cessory buildings shall not exceed ~0% of the area of the lot.
2-1/2 stories.
(c) The maximum height shall be 35 feet or
(d) The entire lot, except areas occupie~ by
buildings, parking or loading areas shall be suitably 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 f~om the view of all surrounding
streets and lots'. ~
(f) Any nursin~ home, hospital, or sanitarium shall
meet the following s~n~ards: Ail. buildings shall be'~o~ fire
resistive construction; all such uses shall be served by adequate
water and sewer systems approved by the Suffolk County Department
of Health; Pa~ients~ suffer~ing~{rom ¢ommunica~le..~iseases 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 ¥ork)~; ~,000 square feet of lot
a~ea shall be provided for each patientbed.
5. Public utility rights-of-way as well as structures
and.oth~er ins%allations~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
~eneral welfare~of~ the~'c~mm~nity and the'character of the neigh-
borhood in which the proposed structure is to be constructed.
~. Fraternity houses, golf courses, ann~al member-
ship clubs, catering exclusively tD members and their guests
or other recreational.~facilities open to the public and accessory
playgrounds, beaches, swimming pools, ~ennis courts, and
recreational~ buildings; subj~ec~ to th~ ~o~llowing requirements:
(a~) No building or part thereof or any parking or
· Oading area shal-1- be located'wi~hin~,.t00 feet of any street line
~o~'within 50 feet of any lot line.
(b) The total area covered by principal and
accessory buildings~shall not exceeding0% ~f~the area of the lot.
~c) Such use sha~l not be conducted for profit
as a business enterprise.
(d) No such use shall occupy a lot with an area
of less than three.acres.
. . (e)- The.direct source of all exterior lighting
shalY, be sh~ielded from the ~i~ of surrounding residential lots.
7. Children's recrsation camps organized primarily
for seasona~ use, subject to-.the fo,L!~wing~re quirements:
(a) ~No~building, tent, activity area ~or recreation
facility shall be less than 200 feet from any lot line, and
~hall he,effectively-screened ther~from~as required b~ethe
Planning,~.Boa~d~. Buildings intended fou~.~s~-asrsleeping~quarters
sh~lLbe not less than 30 feet from each ~her~ .eu~ep~t~ts,
which shall be not less than 10 feet-apart.
(b) The minimum lot area shall be not ~ess than
10,000-square feet for each cottage, tent or other principal
building, and not less than 3,000 square fe~t of land-arsa shall
be provided for each person accomodated in the buildings-or tents
on the premises.
(c) Ail outdoor ~ight~ng shall be arranged and/or
shielded to eliminate the glare of lights toward nearby residential
lots, Streets, or other public facilities.
(d) The sound level of all outdoor public
address systems shall not exceed the intensity tolerable in a
residential neighborhoods.
8. Labor camps, including farm and non-farm, subject
to the, following requirement~
(a) All farm. labor camps on farms shall be
constructed in fo~ormance with applicable laws and shal.!~n:ot
be located nearer to any other residen~ than itis located to
the residence of the employer except by specific review and
approval of the Board of~Appeals~
9. Boat docking facilities for the docking, mooring,
or accomodation o~f non-commercial boats, subject to ~he ~ollowing
requirement:
(a) There. shall be ~ocking' or mooring facilities
for no more than two boats 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 requirement:
(a) The housing of alt animals S~all~e ~n a fully
enclosed structure if nearer than 100 feet to any lot line.
11. Cemeteries.
t2. Stables and riding academies.
~!3. Funeral homes and undertaking establishments.
14. Yard sales, atti~ sales, garage sales, auction
s~les, or similar sales or'personal property, prouided~that not
more t~an one such sale shall be conducte~ on any~ lot ink,any
one calendar year.
C. Accessorv~u~es, limited to the following: ~
t. Home occupations shall be understood to include
the professional office or studio of a doctor, dentist, teacher,
artist, architect, engineer, musician, lawyer, magistrate or
practitioner of a similar c~aracter or rooms used for home
~ccupations including home baking, 'dressmaking, 'millinery, or
similar handicrafts, PROVIDED that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner ~esides and in a..building accessory thereto, and
PROVIDED further, no ~Qods are publicly displayed on the premises
a~nd no sign or advertisement, is shown-other than a sign not
larger than two (2) square feet in total area, bearing only the
name and occupation (words only) of the practitioner, provided
~that:
(a) No display of good s are visable fr~m the
street.
(b) S~ch occupation is ~ncidental to the
residential use of the premises and is carried on in the main
building by a resident therein With-not more than one non=,
residentassis~ant
(c) Such occupation is carried on in an area
not exceeding 30% of the area of one floor of the main building.
(d) There shall be no exterior effect at the
.p~oper%y lin~ such as noise, traffic, odor, dust, sm~.ke gas,
f.umes~, or~ radiation ..... . ....
(e) That such office or studio is incidental
to the residential .use of the p~emises and is carried on,by
~he resident and not more than one non-resident assitant; and
(f,) That such office or studio shall occupy
not more than.~30~of ~the area of one floor of the main building.
(g) That studios where dancing or music instruction
is of~ere~ to groups in excess of five (5) pupils at one time
~or where concerts,-or recitals ars-held, are prohibited.
. ~ 3. Gar,den house, tool house, playhouse, wading pool,
or swimming pool incidental to the residential use of the
p~emises and not operated for gain, subject to the following
requirements:
(a) Any swimming pool sha~l be completely
enclosed with a permanent chain~link (or similar type) fence
of not mor.e than 2 inch mesh ~ot less than ~ feet ~in height
erected, .maintained and pr.ovided with a~self-closing, self-
locking, ~gate..to pr~ent unauthorized use of the pool and to
prevent accidents. However, if said .pool is located more than
four~ feet above the ground, then a fence is not required,
provid~dgthat all points of a~,cess to said pool are._ade~quately
protected by a self-closing, self-locking gate. ~ A~y swimming
pool in e~istence at the effective date of the provisions of this
paragraph shall within one.Year ~rom such .date, cmmply with all
of the p~ov~sions hereof ......
4. Pmivate garages, ~rovided, however, ~hat~not more
than two passenger automobile spaces in such garages may be
.leased to persons.not .resident to.the premises.
~. The storage of either a boat or trailer owned and
~used~by the ~wner~or occupant of the premises on which stored
for his personal use, subject tc the following requirements:
.- (a) Such boat or. trailer shall not exceed 30 feet
~in length
(b) Such boat or trailer shall be stored only in
the required rear yard, and the area occup~edtherefor, together
with the area of all buildings in the rear yard shall not exceed
40% of the area of the required rear yard.
(C) Such boat or trailer shall not be located
~ n~ s r~et ~r
within 15 fee%
6. ~orses and domestic animals o~her than dogs, shall
not be penned '~r housed Within 5~f'eet'~or~any lot line.~ Housing
for flocks or mor~ of~25 flowl shall hot b~ 6onstructed within
50 feet~ 0~- any ~ine.
7. The following signs, subject to the supplementary
sign regulations hereinafter set forth.
(a) One indirectly illuminated nameplate or
professional sign not more than two (2) square feet in area.
(b) Not more than three signs with a combined
total area of not more than' Seve~ty-~w0 (72)square fe~et~o
one of Which ~hall be larger than 4 feet ~y~6~ feet i~ Size,
advertising o~ly the sale of farm, garden or ~nur~ery pr6ducts
produced or grown on the premises or of animals raised on the
premises;
(c) One real estate sign, either single or
double faced, 'not larger than ~hree (3) f~et by four (4) feet
~n s~ze on any 'one or more lo~s, 'advertisin~ the sale-or lease
of only the premises on which it is maiht~i~ed~ and set~ack not
less. than l0 feet from any lot line.
- ~'~ ~ (d)~' 0ne~-s~n, either single or do~ble-faced,
no't' e~6~ding'~t~t'yk~r ~(2~')Lsq~are fe~~ in size, 'setback
at least thirty-five (35) feet from the street line and ten
(10)~.fest from"ei%h~ 'sid~tine,a ad~t~slng the sale or lease
of acreage or the~ sale of l~ts i~n a ~ubdivisi6~ ha~ing a
continuous frontage of 500 feet~or more.
(e) O~e b~ll~n"~board or-other announcement
or identifiCat~o~ sign for uses permi%te~
4,6,7, and 10 hereof, not more than 32 square feet in area,
Iocated .~6~ l'ess than 5 feet fro~ any street or lot line.
(f) ~Such other signs as may be authorized as
a special exception by the Board of Appeals as h~rei~after
provided.
SECTION 301 - AOT AREA, YARDS, OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENTS: -No building or premises shali be
us~d~and no~buildi'ng Or part'thereof shall be~erected'o~
altere~ ih the "A" Resident~aI and Agricultural District
unless 'the same conforms with %he "Bulk and Parking Regulation
Schedule'" incorporated into this o~dinance b~ refe~ence, with
the same force and ~effect as if such reg~lations~were set
forth.,herein in fuil~
SECTION 302 - ACCESSORY BUILDING: In t~e ~"~" Residential
and A~ricu~ural District, accessors/~'b~il~dings and structures,
or other accessory uses may be located in the required rear
yard, Subject'~o th~ f6110wing requirements:
1. -Suc~'bu~lding~ sha~i~n6t ~exceed~eightee~(~8)
feet in height.
2. Such buildings shall be set back not less than
three (3) fee~ from any'lot tine. ~
3. ~11 such buildings in the aggregate shall occupy
not more than f~fty (40) ~ercent of the area of the ~required
rear yard.
.SECTION 303 - ESTABLISHED FRONT YARD SET-BACK - Where
property in the vicinity ts improved with permanent dwellings
with a front yard area of more or less than that required by
the provisions of this om~ance, the front yar~ set-back shall
be the average setback of the existing 'dw~Ili~gs within 300 feet
of the proPOSed dwelling, on the same side of the street, within
the same block, and {he same use district.
~SECTION 304- CORNER LOTS- On a corner lot, front yards
are r~qui~ed on both street frontag~es,~ and one y~rd other than
the front yards shall be deemed to be a rear yard and the other
or others, side yards. No obstruction to vision exceeding 30
o ~inches in-height above curb level shall be erected or maintained
at street intersections within the triangle formed by the
street lines of such lot and a line drawn between points along
such street lines..30 feet distant from their point of inter-
.section~.~
SECTION 3G5 - FENCES, ~ALLS & HEDGES - Subject to the
provisions of Section 304, fences, walls, hedges, or other
live plantings within 5 feet to property line may be erected
and maintained subject to the following height limitations:
(a) When located in the front yard, along front yard
property line, the same shall not exceed three (3) feet in
height.
(b) When located along side and rear lot lines the same
shall not exceed 6-1/2 feet in height.
(c) When located other than in the front yard area or
along sid~ of rear lot~lines, ~the same shall not exceed~eight
(8) feet in height.
(d) Fences, walls or other permanent structures shall
no~ be closer than 6 inches to property line. Hedges and
plantings shall not he_closer than two (2) feet to property
line. ~.
IV. By renumbering Article III B to be Article IV and
amend~mg the same to read as follows:
ARTICLE IV
"M" LIGHT MULTIPLE RESIDENCE DISTRICT
SECTION 400 - In an "M" District, no building or premzses
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 follow-
ing:
A. Permitted Uses
1. Any permitted use set forth in and as regulated
by Section 300A of this ordinance.
2. Multiple dwellings designed for and occupied by
'not mo~e thah four (4) 'familieS.
.... 3. Boarding. and. tourist houses.
B. Uses permitted by Special Exception by the Board of
Appeals, as hereinafter provided.
The-following ~ses are permitted as a Special Exception
by the Board of Appeals has hereinafter provided and subject to
Site Plan ~pproval bY the Planning Board in accordance w~th
Article XIV hereof. - - -
~, ~ny SPeCial Excep~tion use set forth in-'a~d-~as regulated
by SectiOn 300 B of this ordinance.
C. Acc'e'ssory Uses '-'
1. A~y accessory' use set-fo'r'~' in and'-as ~regu'lated
by Section 300 C of this ord'inance. - -
2. Accessory uses on th'e-same lot wi-th and customarily
incidental to any' per'mi-tted use a-nd not-involving-a~sep.erate
business~ .... ': ~' - . ~-
.. '~ '~r. , 3t 'Sfgns,-'sffbj~c%' to the -fo'llowing requ-iremenffs:
..... .(a) ~ One advertising-sign, e'i~her--~ing-~e--0r
double-' ~a~ed, not more than ~if-ty -('50) ~q~are f-eet'-in:area, the
lower edge of which shall not be less than four (~) f.ee~bove
the ground, exclusive of pillars and posts, and the upper edge
-of which shall"not project, more ~than 15 fe~t 6 ~sches above the
ground.- -
(b) Such sign shall advertise o~ly the'business
conducted on the ~remises upon which it is located.
(c)' Such sign shall be set-back not less'-than
five (5) feet from all street and lot lines.
: " ~ (d)-' Such sign shall somply wit~ ail of the
supplementary sign regulations hereinafter Set 'forth.
SECTION 401 - LOT AREA, YARDS, -OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: No building or premmses shall De
used, and no building or part thereof shall be erected or
altered in the "M" Light Multiple Residence District unless
the same conf6rms wihh the "Bulk-and Parking Regulation
Schedule"'inc6rporated into this -ordinance by'-referencei with
the same'force and effect as if such regulations 'were Je~
forth herein in full.
V. By ~e~umb~rin9 Arti~l~ III-A t0'3be Article ~V ~nd amending
the same to read as follows-:
ARTICLE V
i"M-t" GENERAL MULTIPLE RESIDENCE~bISTRICT
SECTION' 500 - In an-"M-l" District, no building or pre-
mises sJall be used~ and'~o building or part Of a building
Shall be erected, or altered, which-is arranged, intended or
designed to be'used, in whole or ~n part, for any~use except
the following:
A. Permitted Uses
1.' Any permitted-use set-forth in and as regulated
by Section 300 A and Section 400 A'of this ordinance.
B. 'Uses Permitted by Special Exception by the Board of
Appeals as hereinafter provided. ~
The following' uses are permitted as a Special Exception
bY the Board of Appeals as h~neinafter provided and subjecto to
Site: Plan--app~ova.t by the Plannin~ Board in accordance with
Article XIV hereof. . .... ' ' " ' -: ~-
1. Any special exception set forth ~n and as
regulated by Section 3~0 B of this. ordinance.
2. Marinas for the docking, mooring, or accomoda-
tion of non-commercial boats. - ......
5. Multiple dwellings
4. Hotels and Motels
5. Tourist Camps
C. Accessory U~es
1. Any accessory use set forth in and as
regulated by Section 300 C and 400 C. of this ordinance.
2. Accessory uses on the same lot with and
customarily incidental to any permitted use and not involving
a separate business.
t _. SECTION 501 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA,
AigD PARKING REQUIREMENT: No building or premises shall be
used, and no building or part thereof shall be erected or
altered in the "M-l"~General Multiple Residence District unless
the same conforms with the "Bulk and Parking Regulation Schedule"
incorporated into this ordinance by reference with the same
force and effect as if such regulations were set forth herein
in full..
SECTION 502 -- BUILDING LENGTH & SEPARATION - No building
shall.exceed 125 feet in length. The minimum distance b~ween
principal buildings shall be equal to 2 times the height of the
highest building, and the minimum distance between a principal
and an accessory building shall be 20 feet. Any~ inner court
sbatl have~a minimum dimension of 60 feet and any_outer court
shall have a minimum dimension of 20 feet and its depth shall
,~not exceed its width..
VI. By renumbering Article IV B to be Article VI and amending
the same to read as follows:
ARTICLE VI
"B" LIGHT BUSINESS DISTRICT
SECTION~.600 -.~.In a "B? B~strict, no-building or premises
shall be used, and no building or part of a building shall be
e~eted~.or.,algered~, which~is arranged, intended, or designed
to be used, in whole or in part, for any uses except the follow-
ing:
A. PERMitted Uses
1. Any permitted use set forth in and as regulated
by Section 300A, Section 400 A, and Section 500 A of this
ordinance. .~
2. Business, professional and governmental offices.
.... 3. Banks and financial institutions
4. Retail stores
5. Restaurants
Bake Shops (for O~-premises sale at retail)
Laundromats and similar establishments,
Personal service stores and shops
9. Marinas for the docking, mooring, and accomodation
of non-commercial boats including the sale offuel and oil
primarily for the use of boats accomodated in such marinas
B. Uses Permitted By Special Exception by The Board of
Appeals As Hereinafter Provided
The following uses are permitted as a Special
Exception by the Board of Appeals as hereinafter provided,
subject to Site Plan Approval by the Planning Board in
accordance with Article XIV hereof.
1. Any special exception use set forth in and as
regulated'by Section 30~ B and ~e~ion 400 B and Section~500 B
of this ordinance.
C. Accessory-Uses
I. Any accessory use set forth in and as regulated
by Section 300 C, Section 400~C, and Section 500C?of this
ordinance. ~J
- 2. Accessory uses on the same lot with and
Customarily~incidental Go any permitted use and n~t involving
a separate business.
3. Signs, subject to the following requirements:
(a) DETACHED OR GROUND SIGNS - One (1) Sign,
single or do~bl~ faced-, not more thah'six' (6) ~e~ six' (~)
inches in height., and twelve (12) feet six (6) inches in width,
'%h~ lower edge of which shall be n0t-'l~ss than four (4) feet
above the ground~a~d {he u~er edge of 'whi~h Shall h6t' e~end
mo~e than fifteen''(15) feet six (6)~'inches above~he ground,
which'sign sh~ll be seh ~ack~n0t less than five (5) feet~from
all street and property lines and shall advertise ohly the
business conducted on the premises.
(b) WALL SIGNS ~ One (1) sign attached-~to
or incorporated in each building wall on a public street and
advertising only the business conducted in such building,
provided such sign does not:
i. Exceed two (2) square feet in total
area for each horizontal foot 0~-sUch. wall, and~
ii. Exceed in width one hundred (100)
percent of the horizontal..measurement of. such wall,
iii. Exceed ten (10) feet in height, and
s~ch wall. ~ ~
iv. Project more than one (1) foot from
(c) ROOF SIGNS - In lieu of a wall sign
authorized by the preceding subdivision (b), a roof sign
~hall b~ permitte~ pr6vid~d the same is attached to or
incorporated in a roof, which sign shall advertise only the
business conducted in th~ bu%ldi~g upon Which it ms attached,
and provided that such sign does not:
i. Exceed two (2) square feet in total
area for each lineal foot of such. roof, and
ii.- Extend above the highest p~&mt of
the roof in the case of a pitched roof, and in all other
cases exceed two (2) feet six (6) inches zn height above the
highest point of the roof, and
iii. Project beyond the edge of the roof.
SECTION 601 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA~ -
AND PARKING REQUIREM_ENTS: No building or premises shall be
used, and no building or part thereof shall be erected or
altered in the !'B" Light Business District unless the same
conforms with the "Bulk and Parking Regulation Schedule"
incorporated into this ordinance by reference, with the same
force and effect as if such regulations were set forth herein
i~-full. - .........
SECTION 602 RETAIL SHOPPING CENTERS - Notwithstanding
any other provisions of this article a building or a combination
of buildings containing retail stores, mercantile establishments,
offices, banks, and fznancial institutions, commonly known as
shopping centers, may be erected or altered in ~he "B~' Business
District, subject, however, to the following re quirements:
1. Approval of Site Development Plans by the Planning
Board in accordance with Article XIV hereof.
2. The lot area shall be not less than one (1) are~,
and the lot width shall be not less than 150 feet.
3. At least twenty-five (25) percent of the lot area
shall be landscaped with grass and plantings.
4. The requ%red front yards shall be not less than
thirty-five (35) feet except that where the property in the
vicinity is partly built up with permanent buildings and an
average set-back line has been established, no buildings shall
project beyond the line of the average setback so established.
5. The required side yards shall be not less than
twenty-five (25) feet.
6. The required rear yard shall be not less than
twentyLfive~ (25) feet.
7. Parking shall be provided in offstreet paved
parking areas which shall provide for one (1) parking space,'
three hundred thirty-four (334) square feet in area, for
each one hundred (100) square feet of sales floor area or
office floor area in each building.
8. All rainfall and storm water accumulated on
the premises shall be returned to the ground within the
boundaries of the premises.
9. The total ~floor area for each retail or service
establishment located therein shall not exceed 10,000 square
feet.
SECTION 603- USES CONFINED TO BUILDINGS - Ail pses permitted
in a "B" District including the display and sale of merchandise
and the storage of all property m~ll be confined to fully en-
closed buildings on the premises.
VII. By .renumberSng Article IV A to be Article VII and amending
the same to read as follows:
ARTICLE ~II
"B-i" GENERAL BUSINESS DISTRICT
SECTION 700 - In the "B-l" District, no building or premises
shall be used, and no building or.part thereof shall be erected
or altered, which is arranged, intended, or designed to be used,
in-whole or in part, for any uses except the following:
8'6
A. Permitted User
1. Any.pgrmitted use set forth in and as regulated
by'Section 300 B, Section 400 B, Section 500 B, Section 600 B
and Section 602 of this ordinance.
B. Uses Permitted by Special ExceDtion by the Board of
~ppeals as Hereinafter P~mi~d.
The followi'ng uses are permitted as a Special Exception
'by the Board of Appeals as hereinafte~ provided ~bj~ct'"{o
Site Plan Approval by the Planning Board in accordance with
Article XIV hereof.
1. Any special exception use set forth in and as regu-
lated by Section 300 B and Section 500 B.
2. Places of amusement
3. Fishing StatiOns
4. Public garages, gasoline service stations, and new
and used car lots, all subject to the following requirements:
(a) Entrance ane exit driveways shall have an un-
restricted width of not less than 12 feet and not more than
30 feet, and shall be located not less than 10 f~e~ from any
property line and shall be Ho laid out as to avoid the hecessity
of any vehicle bac~in~ out across any public r~ght-of-way.
(b) Vehicle lifts or pits, dismantled automobiles,
and all parts or supplies shall be located within a building.
(c) Ail service or repair of motor vehicles other
than such minor servicing as change of ~ires or sale of
~asoline or oil, shall be conducted in a building.
(d). The storage of gasoline or flammable oils
in bulk~ shall be located fully, underground and not less than
35 feet from any .p~operty line ether than the ~t~et~'Iine.
(e) No gasoline or fuel pumps or tanks shall be
located less than 15 feet from any street or property line.
(f) No motor vehicle sales, used car lots, gasoline
service or repair shops, or similar business are to be lo~ated
within 300 feet of a church, public school, library, hospital,
orphanage, or a rest home, or within 300 feet of any residence
district.
C. Accessory Uses
1. Any accessory use set forth in and as ~regulated
by Section 300 C, Section 400 C,~Section 500 C, and Section
600 C of t~is ordinance.
~ 2. Accessory used on the same lot with and
customarily incidental to any permitted use and not involving
a separate business.
SECTION 7Q1 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: No building or premises shall be
used, and no building or part thereof shall be erected or
altered in ~he "B-i" General Business District ~nless the
same conforms with the "Bulk and ParkiDg Regulation Schedule"
incorporate~ into~this ordinance' by reference, ~i~h the same
force and effect as if such regulations were set forth herein
in full.
VIII. By renumbering Article IV to-be Article VIII and amending
the'same to read as follows:
aRTICLE VIII
"C" LIGHT INDUSTRIAL DISTRICT
--~ SECTION 800 In 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 purpose, except the
following:
A. Permitted Uses
1. Any permitted use set forth in and as regulated
by Section 300 A, Section 400A, Section 500 A, Section 600 A,
Section 602, and Section 700A of this ordinance.
B. Uses Permitted, Pby Special Exception by the Board of
Appeals as hereinafter provided, subject to Site Plan ADproval
by the Planning Board in-accordance-with Article XIV hereof.
1. Industrial uses including manufacturing, assembling,
converting, altering, finishing, cleaning, or other processing,
handling, or storage of products or materials, involving the
use of only oil, gas or electricity for fuel.
2. Research, design, and development laboratories; office
buildings.- ........
3. Wholesale storage ~nd whaeho~singl
4. Building contractors yards~
5. Public utility structures and uses.
6~ Newspapers and printing establishments.
7. Bus and truck terminals (garages, parking facilities,
loading docks, etc.)
8. Food processing and packaging plants.
9. Marinas for docking and mooring all types of boats.
10. Launching facilities.
11. Ferry terminals.
12. Yacht clubs, charter fishing docks.
13. Eating and drinking establishments.
14. Retail sales of boats and marine items.
15. Boat building, boat servicing, boat storage facilities.
16. Yards for sale and storage of fuel and building materials.
C. Special Exception Uses
1. Any special exception use set forth in and as
regulated by Section 300 B, Section 400 B, Section 500 B, Section
600 B, and Sectio'n 700'B of this ordinance.
.... .~ 2~ A~cessory uses on the same.lot with and c~tomarily
incidental to any permitted use and not~invQlving a. se~arate
business.
SECTION 801 - LOT AREA, YARDS, OPEN SPACES FLOOR AREA, AND
PARKING }IEQUIREMENT.-. .Nombuil~ing or ~premises shall be used,
and no building or part thereof shall be erected or altered in
the "C" Ligh~ Industrial District unless the same.~onforms
with the "Bulk._and Parking Regulation Schedule" incorporated'
in~t9~_t_his _ording.nce blf. ref~ere~ce, ~with. ~he_sage
effect as,_if-such, regulations were set forth herein in full.
IX. By renumbering Article V to be Article IX and amending
the same to read as follows:
ARTICLE IX
C-i" GENERAL~INDUSTRIAL DISTRICT
-- ~ECTION 900 r ~n ~he "C~i" District,..buildings~and premises
may be used for anE_.lawfu~.p~rp0se except tha~ ~he.uses herein-
af2er set f~rth, are perm£t[ed only by SpDeia~'Excepti0~-by the
Board of Appeals as hereinafter provided, 'and are subject to
site..plan approval by the Planning Board-in accerdance with
Article XIV hereof.
1. Aba ttoirs.
_ 2. Acetylenes,gas manufacture Qr.gas~manufacture from
coke, petroleum or from any other product or the sto~age thereof.
3. Acid manufacture
4. Ammonia,_ bleaching, powder Q~ gh~orine, manufacture
5. Arsenal
6~ .A~phal.t manu.factu~.e,,.and~:asphalt.mixing plants
.- ,~ -7-. Blas~. furnace ......
8. Cement, lime, gypsum or plaster of paris
manufacture ready mix or bnlk .concrete plants and block
manufacturing.
9. Coke ovens
10. Crematories
11. distillation of bones.-
12. Dwellings, all types.
13. Explosives, manufacture or storage.
14. Fat rendering.
15. Fertilizer manufacturo.
16. Fire works manufacture.
17.
dumping..
18.
Garbage, offal or ~dead animals, reduction or
Glue~ size or,.gelatinf_manufac~tUre .
19. Gunpowder manufacture or storage.
19A. Automobile wrecking and all other junk yards.
21.
22.
~Oilcloth or linoleum manufacturing.
Oiled, rubber, or leather manufacture.
O~e reduction.
23. Paint, Oil, shellac, turpentine or varnish manufacture.
24. Paper and pu~ manufacture.
25. P'etroleum refining, Stor'age t~nks.
26. Potash works.
27. Rolling mill.
28. Rubber-~r gutta-percha manufacture.
29. Salt works.
30. Sauerkraut manufacture.
31 Shoe blacking ~or sto~e ~olish manufacture.
32. Smelting.
333 Soap manufacture.
34. Stockyards or slaughter houses.
35. Stone mill or quarry.
36. Structural Steel or pipe works.
37. Sulphuric, nitric, or hydrochloric acid' manufacture.
38.
39.
4-0.
Su~r refining.
Tar distillation or manufacture.
Tar roo~i~g or waterproofing manufacture.
Tallow, grease, or lard manufacture.
42.
43.
44.
Tann~nq,_cu~.~n~,_or .storage of rawhides or skins.
Tobacco (chewing) manufacture or ~reatm~nt.
Vinegar manufacture.
45.. Yeast plant.
~ "'4~. "Airports and Airfields.
SECTION 901 - SPECIAL EXCEPTIO~ USES & SITE PLAN APPROVAL -
Notwithstanding-any or-the provisions of this Article IX, where
~a ~e~ is permitted in ~ny use district only as a special exception
by the Board of Appeals, such use is not permitted in a "C-i"
District except as a special exception by the Board of Appeals,
an~ where a use ih any use district is subject to site plan
approval of the .Planning Board, such use in a "C-i" District
shall require site plan approval of t~e Planning Board.
· ~ SECTION~ 902 - SIGNS - Signs specified in and as regulated
by Section 600 C of this ordinance are permitted in a "C-1'~
District.
'9O
SECTION 903 LOT AREA, YARDS, OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: No building or premises shall be
used,, and no building or part thereof shall be erected or
altered in the "C-~" General INdustrial District unless the
same conforms with the "Bulk and Parking R~egulation Schedule"
incorporated into this ordinance by ~ef~rence, with the same
force and effect as i£ such regulations were set forth herein
in full.
X. By renumbering Art~icl~ VI ~6 b$~' Art~6~le X and by renumbering
and amending the.sections of said article to read as follows:
1. Section 600 renumbered Section t000
2. Section 601 renumbered Section 1001
3. Section 604 re,umbered Section 1002 and the wo~ds
"Article VI" i~n'said Section to b~ amended to ~ead "This Article."
XI. By adding a New Article to be Article XI and amending the
same to read as follows:
ARTICLE XI
SUPPLEMENTARY PROVISIONS
SECTION 1100 - SIGNS - The provisions of this Section shall
apply in all districts.
k. No sign, billboard, advertising display or structure,
poster or devise shall be erected, moved, enlarged or recon-
structed except as expressly permitted in this ordinance.
2. The following types of signs or artificial lighting
are prohibited:
(a) Billboards
(b) Flashing signs, including any sign or device
on which the artificial light is not mainta'ined stationary,
and constant in intensity and color, at all times when in use.
(d) The outlining by direct illumination of all or
any part of a building such as a gable, rbofj side wall or corner.
(c') S'ign~ which compete 'for' at~ehtion with, or may
~e mistaken for a traffic signal.
(e) Signs made out of cardboard, paper, oanvas or
similar impermanent material.
SECTION 1101 - OFF-STREET PARKING REQUIREMENTS - Off-
street parking spaces open or enclosed, are permitted accessory
to any use subject to the following ~ro~ismonS:
1. Schedule of P~rking Requirements: Accessory off-
street parking spaces, open or enclosed, shall be provided in
ail use Districts' for any use specified below. Any land which
is devel0pe~ as a unit under single ownership and control shall
be considered a single lot for the purpose of thesee parking
regulations. Reasonable and appropriate off-street parking
~equirements for structures and uses which do not fall within
the categories listed below shall be determined by the'Planning
Board upon consideration of all factors entering into the parking
needs o.f each use.
For~-
A~t~ Aeast~ One- Parking Soace for Each
.P. laces~of worship,
libraries, and other
public buildings.
GOlf courses and other
200 square feet Of floor area,
but_not less than~one space for
each five seats where provided.
2 members, or accomodations~
clubs .. (such as lockers) wh~ever ~,s greater.
~gecondary Schools Two ~sDaces. per classroom, plus
one space for ea~ch. 5 seats~ in any
auditorium or place of assembly.
Elementary Schools
Two spaces per classroom plus
one space for each five seats in
any auditorium or other place of
assembly.
Hospitals, sanitaria,
nursing homes, philan-
thropic, or eleemosynary
institutions.
Rooming Houses
1 bed
Guest room.
Eating and Drinking
places
5 seats
Undbrtakers and Employee; plus 25 spaces for
Funeral Homes each~chauet.:-' -
Hotels- and,-Motels
Bowling alleys
~Hbme'occupation or
accessory professional
office except physicians
and dentists
~Professional offices of
physicians 'and dentists
Gu~est room plus one for each
employee.~ - __
5 per alley. ~
3 spaces pe~ each home occupation
or accessory professional.office.
5 spaces per each physician or dentist.
2. Areas Commuted as ~arkin~-Space-s. Areas which~,may be
-computed as open or enclosed~ o~f-street parking spaces include
any private garage, carport~ or other area available for park-
ing, other than a s.treet or driveway. However, a driveway
within a required front yard for a one-family or two-family
resi~enc9 may count as one parking, space, other than on a
corner lot
3, Sixe'.~of Spaces. Three hundred and fifty square feet
s~ 11 be considered one parking space (to provide room for
standing area'~and aisles for maneuvering.) Entrance and exit
lanes shall not be computed as parking space except for drive-
ways~r one-family and two~family,mesidences. The minimum
pa~king stall, width shall be ten feet,~and~the minimum length
shat~ be~20 feet. ,~=~ ~ ~ ~
.... ~.-- Access. Unobstructed acces~ to--,~n~d~from a~street
ska%l~be~ provided. Such aco~e~s shall consist of.at ~least one
10-foot lane for parking areas with less than 20 spaces, and
at least,two ~0-foot lanes for~ parking areas with ~20 spaces or
more,~ .No entrance :or exit.for_.~ny of~-street parking area
shall be located within 50 feet of~ any~street.~inte~seo~ion.
5. Drainaqe and Surfacing. Ail open parking areas shall
be properly drained within the premises and all such areas
shall be provided with-a~ dus~Tess surface, except f~or~ parking
spaces accessory to~.a one-family or two-family residence,
6. Joint Facilities. Required parking spaces, open
or enclosed,_ ma~ be~provided in sp~ces~.~de~igned.~D~serve
jointly two or more establishments whether or ~ot Located
on the same lot, provided that the number or required
spaces ~i~.~such joint_facilities shall be. not~!ess than ~the
total ~equired ~fo~ all :such establishments.
7. Combined Spaces. When any lot contains t~o or
more..uses, hav~ng-dif~ere~t parking requirements/ the
parki,~ requirements .fo~ each use shall apply to the extent
off,that use. .Where ~it can be conclusively demonstrated that
one or more such uses will.~be, g'enerating a demand for parking
spaces primarily during periods 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.
8. Location and Ownership. Required accessory parking
spaces, open or enclosed, shall be provided upon the same lot
as the use to which they are accessory or elsewhere, provided
all spaces therein are located within 200 f.eet,wa~lkin~ distance
of such lot. In all cases such parking spaces s~ll conform to
all the regulations of the district in which the parking spaces
are loca.t~d; .and~in no~event shall such parking space~ be
located in any Residence District unless the use to which the
spaces are acdessory are permitted in such residence districts
or upon approvat by the Board of Appeals. Such spaces shall
be in the same ownershi~ as the use to which they are accessory
and shall be subject to deed restriction, approve~ by the
Board, binding the owner and his heirs and assigns to ~aintain
the required number of spaces available either (a) throughout
the existence of such use to which they are accessory~ or (b)
until, such spaces are provided elsewhere.
9 9. On Lots Divided by District Boundaries. When a
parking lot is located partly in one district and partly in
another, district, the~rs~u~ations for ~the~ district~req~iring
the greater number of parking spaces shall apply to. att~of the
lot. Parking spaces on such a lot may be located without
regard-todistric% lines, p~0~ided that no suc~ parking spaces
.sha~l. be located in any 'ResidenceDistrict¥ un~tess~ the use to
which they are ~ccessory is-permitted in such district, or
upon approval of the Board'of Appeals.
10'. Parkinq Regulations in Multiple Dwellin~ or
Attached Dwelling Developments. Wherever space is provided
for the parking of 5 or more vehicles in the open, such spaces
sh~lL be individually identified by means of pavement markings.
No parking space shall be located in any fr~ont yard or within
10 ~eet of any lot ~line-in side~ or-rear yards~ The par~ing
of motor vehicles is prohibited within 15 feet of any wall or
portion thereof o~ a~two ,or ~more family dwelling, which wall
~conta~ins windows ~(other than bathroom or.kitchen windOWs)
with a sill height of less than 8 feet above the leve~ of the
said parking space. No service of any kind shall be permitted
to be~extended.to users of the lot, including automobile service,
repair or fueling, and no.gasoline, oil, grease or othe~ supplies
shall be ~%ored or sold in~any~ such lot or in any ~garage on such
~et. Par~ing~ areas shall be screened by a substantial~wall,
fence, or,thick hedge, approved ·by. th~ Pla~ing Board. Generally
such screening shall not be less t~an'3 or more than 8 feet in
height.
11. Regulations fo~ Parking Spaces Adjacent to Lots ih
Ah~ Residence District.
(a) Wherever a parking area of over 5 spaces abuts or
is ~wi!thin ~5 feet of the side or rear lot line 6f a lot in any
Residence District, the said parking lot shall be screened
from such ~djoining lo~ by a substantial wall, fence, or thick
hedge, approved by the Planning Board. Generally such screen
sP~l be not less than 3 or more than 8 feet~ in height.
'- ~ {b) 'Whenever a parking area of over 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 P~nning Board, located
al~h~ a line drawn parallel to the street and a dis'tance of
20 feet therefrom; such screening to be interrupted only at
point~ of ingress and egress. Generally no such screen'ing
shallbe less than 3 feet or more than 6 feet in height. The
open area between such screening and the street shall be
landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street. Two
id~ntifidation and directional siqhs located on the street
side of suc~ screening shall be ~ermitted; however, they
s~'~ not exceed an area of 3 square feet each.
12. Driveways. No'driveway shall pr~vide~access to a
lot located in another distridt, which lot is used for any
use pr~ohibited in the distr~ct in' which s~ch driveway is
located. ·
~'i3. Commercial Vehicles.
.... " ' (a) Qne commercial v~hidle not exceeding' 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
n~ case between %he street ~ine ~or side l~nes and the principal
building.
' . ~ (b) one commercial vehicle not exceeding 25 feet in
length may be parked within a private garage in any Refidence
District.
(c) Commercial farm vehicles are Permitted as
acce~ssory to a commercial farm use in any Residence'District.
- SECTION 1102 - OFF-STREET LOADING REQUIREMENTS - Off-street
loading berths, open or enclosed, are permitted accessory to
any use (except one- or two-family residences)~subject to the
following provisioDs:~
1. Uses for Which Requi~ed. Accessory 0ff-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 loading
requirements.
~(a) For a ~p~blic library, m~seum, c~ similar'quasi-
p~blic institution, or governmental building, Community center,
hospital or sanitarium, nursing or convalescent home, institution
for' children or the aqed,~ or school, with fl~or area of 10,000
square feet, I bert~; for each additional 25,000 square feet or
fra~'tion~ thereof, I additional berth. ~
~(b) For buildings with professional, governmental,
or business offices, ~or laboratory est~blishments, with floor
~rea of 10,000 'to'25,000 square feet, 1 berth; f~r each additional
~25,0~0 square feet or fraction thereof UP to 100,000 square feet,
1 additional berth; for each additional 50,000 square feet or
fraction thereof, 1 additional berth. '- -
(C) For buildings With Offices ~and retai..1 sales
and service establishments, 1 berth for 8,000 ~'o 25;000 Square
feet of floor area and 1 additional berth f~or each additional
25,000 square feet of floor area or fraction~ ~hereof so used.
(d) For undertakers and f~neral_~gmes,_ !.berth for
each ~chapel. (Such berths shall be at leask 10 feet~w~de and
20 ...... feet !on~..) . .. ..~ . ~. ~ .
~. .... .(e) For hotels, 1 .ber.~ ~or ea~c~ 2,500 square feet
of floor area.
'" -~" (f) F~r. manufacturing,._.whol~s~.ie an~ storage~uses,
an~ f~or d~y-cLeaning-and ru9 'cleaning establishments and
laundri_es, 1 'ber'~h 'f~ 5,000 to 10.,'00O square .~feet~0
area .in such use, and 1 additional berth for each additional
20,000 square feet of flo~or area or fraction thereo.f~ so used.
In addit~on~. ,ad.equate reserv0~r p~arkingfQr .w~.%~ ..~r~.~k~s
shall be pr~ovided.
2. Size. of .Spaces. Each required lt~ing b~rth ~.ha!l
be, at least~ 12 ~eet wide, 14 feet high, and in no event smaller
than required to. accomo~ate :~vehiqles normally us~ngl sUch berths.
3. Location and Access. Unobstructed access, at least
10 feet w~de~ to and from a .stree~ha!l ~e provided.. Such
a~ces~may.be ~ombined 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 subdivision 4 No entrance or exit for any off-street
loading area shall be located ~ithin 50 feet ~f any street
intersectiQn. No off-street ~oading berth shall be located
in any required front yard.
4 Joint Faciiities Permitted or required 19adi~ berths
open or enclosed, may be provided in spaces designed ~o serve
jointly 2 or more adjacent establishments provided ~hat the
~umber of uequired berths in su~h join%~ facilities shall not
be_ ~ess ~han ~he ~otal required for a~l ~ch facilities~
5. On Lots Divided by District Boundaries. When a lot
is located.partly in one district ~and~ par~l~ in another district,
the regulations for thedistrict requiring the greater number
of loading berths shall apply to all of the 10t. L~ading berths
~on such a.lo~ ma~not~be lo~ated in. any Residence District,
unless the use to which they are accessory is permitted in
such district, or qponthe approval b~ the 'Board of ~pp~a!s.
SECTION ~03 - PROHIBITED USES IN ALL DISTRICTS - The
~following uses~ar.e p~ohibited in all. districts:
1. ~Any~usewhich is noxious,~ offensive or objectionable
by ~ason of the emission of smoke, ~us~, ~as, odor or Other
form or air pollution or by reason of the deposit, discharge
or dispersal of liquid or solid wastes in any form in a manner
or amount as to cause permanent damage to th~ soil and streams
or.to-adversely.af~fec~ .~he surrounding area, or by reason of
the creation ~of noise, vibration~ electromagnetic or ot~er
disturbance, or ~by reason of illumination by artif, icial~light
or 'light.reflectio~ beyond the limits of the lot on .o~'~from
which such light or light reflection~emana~es, ore.which involves
any dangerous fire explosive, radioactive or other ~azard,~ or
which causes, injury, annoyance~or disturbance to any of the
surrounding, propertigs ~or to th.eir owners .and occupants, and
any Qther process or use w~gh is~.unwholes~me and noisome and
may be dangerous or prejudicial to heal~h, safet~ or general
we~lfare~ except where such ac'ti~ity'is~ licensed or r~gulated
by other government agencies. ~. ~ - ~,--
95
2. Artificial lighting facilities of_any.kind with lfg~t
sources visible beyond-the lot lines which create glare beyond
such, lines. . ~
3.. Carnivals and circuses and r~elated activities except
for a t~smporary period on special, license from the Town Board.
4. Junk yard 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.
~5. Uses involving primary, p~oduction.of the ~following
products from raw materials:
, ~ (a) Charcoal, and buel b~iq~ettes~ Chemicals:
aniline dyes, carbide, caustic soda, -c~llulose, ch!orine~
carbon black and bone black, creosote, hydrogen and oxygen,
industrial alcohol, nitrates of an ~xplosive nature, potash,
pl.as~ic materials and synthetic resins, pyroxlin,, rayon.~yarn,
_and hydrochloric, nitric, ~phosphoric, picric~ and sulphuric
acids. Coal, coke and tar products, includi~g~ gas manufacturing;
explosives; gelatin glue, and size (animal); linoleum and oil
cloth; matches, paint, varnishes, and t~rpentine; rubber
(natural or,.synthetic); soaps~ including fat rendering; starch.
6. T, he following processes: nitrat~ing of cotton or
other materials; milling or processing of lour, magnesium
foundry; reduction, refining, smelting and alloying metal or
metal ores; refining secondary aluminum, refining petroleum
pDoducts, such~as~ gasoline, ~erosene, ~ap~ha, lubricating
oiL~ d~s~illation of wood or bones., reduction and processing
of wood pulp and fiber; including paper mill operations.
7. · Operations involvinq, stockyards, slaughter houses,
and slag piles.
~- 8. Storage of exp~losives ........ ~
9. Quarries.
XII. By ~renumbering Article X~,tg__~e A,r~,icle XII, and amending
the same to read~ as f,oll,ows:
.~ ARTICLE. XII ,
GENERAL PROVISIONS
SECTION 1200 - JUNK YARDS - ~thwithstanding any other
prov~s~ons~ of this Ordi~ance,-~l-l.automobile or other junk
yards in existence at the effective date~of this Ordinance as
~irst.enacted in 1957, shall within three ,(3) year~s from such
date provide-suitabte screening~in the .form of fencing or
hedges completely around the periphery.of.,the area. used for
such purposes, and the type of fencing and hedges shall be
subject to ~he.approv~l of She Board of Appeals.
SECTION 1201 - Ne~withsta~ding any~o,ther pro~is~ions of
this-OrdiRance, any si~gn-i~ existence at. the effective date of
this Ordinance, as first enacted in 1957, wh~ich ~do.es not conform
to the provisions of this Ordinance shall within five (5) years
from such date be discontinued.u~less its continuance is
authorized as a special exception.,~y ~the Board,-of Appeals as
hereinafter provided.
SECTION 1202 - DWELLING UNIT DENS~I~¥ -~Notwithstanding
any other provision of this.ordinance-, each dwelling~ unit
in a multiple dwelling shall have 9,000 square'feet of land
for each dwelling unit in the building where public water
and public ~sewer arenot provided~and shall ha~e 6,500 square
feet of-land for each dwelling unit in the buitdiug where
public ~ater and public sewer is provided.
SECTION 1203 - HOTEL AND MOTEL UNIT DENSITY - Notwith-
standing any other provisions of this.ordinance,' each~r0om
or group of rooms designated, used, or intended to be used
for lodging as a unit, which does not qualify as a dwelling
~unit, and~located ~in a hotel, -'motel or similar-dwe~ling shall
have 6,000 square feet of lan,d for each such u~it wh~e public
water and public sewer systems are not provided and shall have
~4,00-0 square feet of Tand for~-each such unit where public water
and public sewer systems are provided.
SECTION 1204 - NON-CONFORMING USES - Unles~ obherwise
authorized as a special exception by the Boar~of~Appe~ls
as hereinafter provided, the .following provzsions shall'~apply
to non-conforming uses-: .......... ~ .....
(a) - ~The lawful use of a building or premzses
existing on~ %he effective da~e of ~this Ordinance,. o~.authorized
by a building permit issued prior thereto, may be continued
although such use-does not-confOrm with the prgvis~ions of this
Ordinance and such use may be-extended throughout the b~lding
lawfully acquired pr~ior to· said date. ~
(b) A non-conforming use of a building or premises
may be changed to a Use of the same o~ higher classification
according tothe provisions of this ordinance.
(c) Whenever a district shall hereafter be changed,
any then existing non-conforming use of a building or'p~emises
in such changed district may be continued or changed to a ~se
of a similar or higher classification, provided all other
regulations governing the use are complied with.
(d) Whenever a non-conforming use of a building
or premises has been d~smgntinued'f-or a period~of more~.~han
two (2) years, or changed to ,a higher classification, or uo a
conforming use, anything in this Section to the contrary not-
withstanding, the non-conforming use of such building or
premises shall no longer be permitted unless a variance there-
fore shall have been granted by the Board of Appeals hereinafter
provided.
(e) A non-ccnforming building may not be recon-
structed or structurally alt~ed dUring ~its l~i~e to an extent
exceeding in-aggregate cost fi£ty ~50) percent of its 'fair
value of the building, unless the use of such building is
changed to-a conforming use.~ ....
(f) A non-conforming building which'has been~
damaged by fire or other causes to the extent of more than
fifty (50) per-cent of its~fair~ value shall not be repaired
or rebuilt unless the use of such buitding is changed to a
conforming use.
XIII. By renumbering Ar,ticle ~III to be Article XIII, and
a'mending the same to read as follows: -
ARTICLE XIII
BOARD OF APPEALS
SECTION 1300 - ORGANIZATION - Th.e-~ewn.Board shall appoint
a-Board of Appeals consisting of five (5.) member, s as.provided by
the Town Law.
,S~ECTZON L30~l -,POWERS~- In additiom to'sdch powers as may
~e conferred up6n it by~'law,, the Board of-Appeals shall have
the following powers:
,' -~A, AppeaLs- To hear and decide appeals from ~h8 review
any orderi requirement, ,decision or determination made by the
.Building Inspector. ·
B. Variances - Where there are paactical difficulties
or ,u~necessary.hardships in the ~way~.of carrying out the strict
letter,of these regulations, the Board of Appeals*shall have
the po~e~.to v~ry.~or'modi~y~the'applicati0n of,s~ch/~gulations
so that the spirit of the Ordinance shall_be observed, public
safety and wetfare~secured and substantial ~ustice-done.
C. Special Exceptions, Special Permits and Other Approvals-
Whenever a use, or the location hereof, is permitted only if the
Board of Appeals shall..approve thereof, t~e~Board~of~Appeals
may, in a specific case and after notice and public hearing,
authorize such permissive<use~and its location-within-the
~district in. which- this ordinance specifies:.thepermissive use
may be located, subject, however to the.following,:
.(1) Before-such approval .shall be, given, the Board of
Appeals shall determ~ine~:. -
(a) That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in
adjacent use districts;
(b) That the use will not prevent the orderly and
reasonable use ~of permitted ~or legally established uses in
the dist~i~.wherein .the~.proposed use zs ~o~be_located or of
permitted or legally established~in uses in adjacent use
districts;
(c) That the safety, the health,-the welfare, the
~omfort, the congenience o~ the order.of the Town will not be
adversely affected~'~by_ the proposed use and'its location.; and
~ .~,,: (d) ~Tha~-th.e use wilt be" in harmony with and promote
~he general purposes and i~en~/of~this: Ordinance~
. (2.) In making such?determination, the Board of Appeals
shatL~also give consideration, among other things:, to:
(a) The character of the existing and probable
-de~e-lopmen~.of'use's iRathe district~and~the peculiar suit-
ability of such district for the location of any of such
permissive uses;
(b) The conservation of property values and the
encouragement of the~ most. appropriate uses of the land;
. - ~. ~_ _ ~c)~.~ ~he effect.~at~.the ~Toca~ion of the proposed
use may have upon-the-creation of' undue increase of-vehicular
traffic congestionu on._ public, str.eets; or: highways;
-' ('d) The. ava~i~tability .of adequat.e and proper public
or private water supply and facilities for the trea_tment,
removal or discharge of sewage, refuse, or other effluent
:(w~heth.er Liqu-id,~solid, ,gaseous or otherw-is_e) .that may be
caused otter-eared by~>orc~as a~result ®-f ~the use;
.... (e) .... Wh~eth.er th~ use, o~ .materials~incidental therete,
or produced thereby, may give.off-.obnoxious gases, od.Qrs,
smoke or soot;
(f~) ~ Wh~ether the~use will cause disturbing emissions
of electrica~l discharges, .dust, light, vibration or noise.
(g) Whether the operations in pursuance of the
use.will ca~se..undue interfsr, enc,e~ith, the 0~derly. enjoyment
by-the public of parking or of'r~ecreation facilities, if
existing, or if proposed by the Town or by~other~compe~ent
Governmental a~encies;
(h) To the necessity for bituminous surfaced space
~for purposes of of£~streetparking~of .vehicles incidental to
the ~use~ and whether such space_is reasonably, adequate and
appropriate and can be furnished by the owner ~f the plot
sought, roche, used. within, or ad~acent to..the plot wherein the
use~hall be had;
(i) Whether a hazard..to life,, limb or property
· becauss=~f fi~e, flood, erosion or panic may be c~eated by
reason of~.or as a result of. the use,-or by the structures thereon
for the ~pnvenient entry and operatiom~o£ fire and other emer-
gency apparatusor by-the undu~'concentration,~or assemblage
of persons ~upon such plot; -'~ ~- ~
(j~ Whe%he~the use, or the~structures to be used
therefor, will cause an overcrowding of land or undue~concen-
tration of population;
(k).~.Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated
operation and expansion thereof; and
(1.) Whether the. use to be operated is unreasonably
near to a church, schoo,~ theatre, recreational area ~or other
place of ~public assembly ~
SECTION ~302 - In deciding any matter before it, t~e
Board of Appeals may impose such conditions and safeguards
as it deems necessary or appropriate to preserve and protect
the spirit and objectives of this ordinance.
SECTION.~1303 - ~e Board~of Appeals shall,_consistent
with the law, determine its own rules of conduct and procedure.
- · SECTION .1304 -.~EES -.All.applications to the Board of
Appeals-for..any relief provided for herein, shall be accompanied
by a fee of $15.00.
XIV. By adding a new Article to.be Article XIV to_read as
follows: - ·
ARTICLE XIV
PLAi~NTNG ~B.OARD
~ SECTION ~400- Approval of Site~Development Plans. In
al~l cases where this ordinance requires approval of Site
Development~Plans by the Planning Board, no building-permit
shall be issued by the B~&~ing B~apector except upon authoriza-
tio~ of and in conf~ormi~y.with the plans approved by the Planning
Board.
A. Objectives. In considering and acting upon,Site
Development~lans the Planning Board shall take into considera-
tion the public health, safety and welfare, the comfort and
con~en.~ence of the public~ in general and. of the residents 6f the
immediate neighborhood iD~part~cular, and may~prescribe appro-
pria£e conditions and safeguards as may be required in order
t~t~the result of its.,action, may, to-the maximum extent
possible, further the expressed intent of this Ordinance, and
,the. accomplishment~of the followin~ objgetivgs in particular:
_ 1. Traffic~Access. That all p~oposed, traffic access
and ways are adequate but not excessive in-number; adequate in
width, grade, alignment and visibility; not located too near
· stree.t co~ners or other places of public.assembly; and other
similar safety considerations ........
~2,. Circulation ~and, Par~ing. Tha~t adeq~ate off-
stree~ parking~a~d loading~ space~s3~D~e pr~o~ided to,prevent
~pa~k.$~g in p~bl!c~ s~re~ets ~f v~hiclesof any persons, connected
wi~b or ~isiting the use and ,that the in~terz0r ~circ,u!a~i~n
system zs adeqDa~te~to~ p~ovi.de safe accessibility to all required
off-str~et, parking lots..
3. Landscapin~ and Screening. That all p!a:yground,
~parking and _ser.vice are,as are reasonably ~creened at a~ll seasons
of,~the<year from the-view of~-a,~jacent ~esid~ntial lo~snand
~street add hha,t~ the genera,~.Landsca~ing o~f the site is in
character ~with that ge~eral!Y pre~D~$1,%ng inthe neighborhood.
~E~isting trees, over 8 in diameter measured 3 feet above the
base of the trunk shall be retained to the maximum extent
possible.
B. Effect of Site Development Plan Approval
1.-,No:.b~i,lding pe,rmit shall be. issued, for any
structure covered by this section until an approved Site
Development Plan or approved amendment of any such plan has
been secured by ~the applican~t from the P.~anning Board and
presented to the Building, Inspect0r..~ .... _,
..... ~2. .No certificate of.occupancy wiTl:be issued, for
any structure or use of land 6over~d ~y'~his Section unless
the~.structu~e is completed.ore, the land is developed.or used
in.accordance with an approved Site Development Plan or
app~oved~ amendment of a~Y ~such plan. .
3. Should any Site Plan approval involv.e:any matter
requiring referral to the Suffolk County Planning Commission,
then the matter shall be referred, prio~to final action by the
Planning Board, to the Suffolk County Planning Commission in
accordance ~ith the applicable p~ovisions of law.
C. Procedure
1. Pre-Submission Conference. Prior to the sub-
mission of a Site Development~ Plan,, the applicant or his agent
shall meet with the Planning Board.. The.,pu~.ppse of such
conference shall be to discuss proposed uses or development
in -order t~ determine which of the~Site Development Plan
elements shall be submi%ted to the Planning Board in order
for said Board to determineconformity with the provisions and
,intent o.f th,is Ordinance. - ....
._~. ;. ~2:. Within.~6..mon~hs,~fol,lowing %he p,re~submission
conference, the. Site~Development Plan and any-related informa-
tion shall be s~bmitted to the Building~!nspector in triplicate
at least 15 days prior to the Planning Board meeting at which
approval is requested. I~ not ~ubmitted within this 6 month
period, another pre-submission compl~an~e~..may, be,r,equired.
3. The Buitdin~ Inspector shall certify' on~.each Site
D'ev~lbpment Plan or. amendment whether or ~o%-%he p~a.n 'meets the
requir'ements of all zoning~iordin~ce provisions other ~han those
Df this Se~'tion re'gardi~g Site' Development PT'an apprO~t.
~ Th~',Buildihg Inspector shall retain one-copy and
transmit two copies of the certified Site Development Plan to
t~$ecre~tar~"o'f th~ PTa~ning Board at'least ~ days prior to
'tt~e~"Plannin~ B'0ard.~eeting a%"wh~ch~appr~val is r~quested.
· ' 5. ~The Planning Board shall a,ct
approve any such Site Developmen:t"Pla~ Withi~:9D days after
the meeting at which approval is requested. Failure to act
with~ 90 days-shall' b~ d~e~Med.app'rov~al'2 Plahning Board
disapproval shal'l includ~ written~ f-indings u~on''any' S~t~
Development Plan el%ment found 'con't'rary'to the provisiohs
'or in'tent O'f this ordinahce. Zn-revLewLng' the application,
the Planning Boar'd may'~secure the advi'ce' o~''assistance bf
one or more expert consultants quaLifie~ Eo"adVise~ as'~o
whether a proposed use will conform to the requirements of
this~ or~inahce. 'The ~si~ta~n'~e efta c~n~ulta~t, if sought,
mu'st be ~bta~ifi~d ~i%hi'n:'10 'days of t~ rec~'ip~ ~f th'e~ ap~li-
dation. S~ch c6nsulta'nt sha-ll repor~ wit~'in 3'07'day'S' a~er
'~ecei'pt~'of'such request whe~hef~O~'not~th'e ~se"a~plied for
Will be in donfo'rmance Wit~the:~'erfor~ance S'tahdard~; and
if not, What ~odification in desig~ or Operation would be
nec'e'Bsary for eonfo~mahce2 A copy bf the ~epbrt of su~e'h
consultants shall be furnished to the Planning Boar~,: Building
Inspector, and applicant.
6. ~mendments to a Site Development Plan shall be
'acted upon in the same manne~ as-~he approval of the original
plan.
· '·
approval be periodical'ly reviewed.
D. si~e Ueve~opme'nt. Plan E~ements. The applicant shall
cause a Site:Developme~E'map~to be prepared b~~ a Civil Engineer,
a surveyor] land planner, architect, or Dther' competen[ person.
S'i'te'DevelO'pment Plan'ele~ents.-shBll i~clude those l'is~ed
below which are appropriate"tO th~ prop0s~'d"de~elop~ent'or
use as indicated by the Planning Board in the pre-submission
conference.
1. Leqal Data '" · . u- -
· (~a) ~L~[~' blo'dk- a~d Bect~oh dumber, i-f-'any, of
the property taken from the latest tax records.
(b) Name and address of the owner of record.
- ' (c) Name ~and a'ddress of perSo~n, fir~~, o~
organiza~'ion preparing the' m~ap.~ ' · .....
: '~ (d) :'Da'te, ~north poiht, 'a~d-writff&'n' 'and graphic
's'ca le. : ....... ~: ....
(e) Sufficient d~c'ription or i·nformati0n to
precisely define the boundaries of the property. All distances
shall be in feet and tenths,-of a foot. All a·hgles shall be
given ~tD the nearest 10 seconds or closer. The error Of
closure shrill not exceed one in ten- thousand~
(f) The locations, names, "and existi-n~ Widths
of' adjacent :street's and 'curb lines.
(g) The location and Owners of all' adjoining
lands as shown on the latest tax records.
(h) Location, width, and purpose' of all existing
and proposed easements,set-backs, reservations, and areas dedicated
to public use within or adjoining-the property.
(i) A complete outline o~ existing deed restri-
CatiOns or cove~an%S'applyin~ t~ the property.
(j) Existing zoning.
' ~ 2. Natural Features - r
(a) Existing contours with intervals of five
(5) feet or less, referred to a datum satisfactory to the Board.
(b) Approximat~boundaries of any areas subject
to flooding or storm water overflows.'
~' ~ (C) Lodati~on Of existing watercourses, marshes,
wooded areas, rock outcrops, isolated tr~es with a diameter of
eight inches or more, measured three (3) feet above the base of
the trunk, and other significant existing features.
3. Existinq StructUres and Utilities
(a) ~oca%i0n of uses and outlines of structures
drawn-to scale on-and within 100 feet of the -lot.
(b) Paved a~eas, sidewai'ks; and vehicular
access between the site and public streets.
(c) Locations, d~mensions~ grades, and flow direction
of existing sewers, cu~lverts, water lines as well-as other
underground and above-ground util~ities within and adjacent to
the property.
(d) Other 'existing development,
fences-, landscaping-, and screening.
4. ~ropose~-Developme~t ~ ~
including
(a) The location of proposed buildings~or
structural improvements.
(b) The location and design of all uses not
requiring structures, such as off-street parking and loading
a~eas'. ' - "' '
(c) ~The ~ocation, direCtion,-power~ and.-
time of use for any p~oposed outdoor lighting or public
address systems.
' (d) ~ T~e- / location and plans for any outdoor signs.
~ ' (e) T~e ~ocation and arrangement, of proposed
means of access and e~ress, including sidewalks; driveways,
or other paved areas. Profiles indicating grading and cross-
secti'ons showing width of roadway-, ~toca-t~ion and width of side-
walk'B,-and location and size of water and sewer lines'~
(f) Any proposed grading, screening~, ~nd
other landscaping including types and locations of proposed
'street lines~
(g) The lo~ation of all proposed water lines,
valves and hydrants, and-of all sewer lines or alternate means
I02
of water supply and sewage di~sposal and treatment.
(h)-'Ah-'outiine~of~any proposed'deed 'restrictions
or covenants.
....... (~)- i~y~o~e~p~ated public improvements on
or adjoining the property.
w -_-~(j) if the site Development Plan only indicates
a first sta~e, a suppiementar~ plan shall ihdidate ~l%i~ate
development.
5. Any other information deemed by the Planning
Board necessary to determine~con~rmi~y of the Site Plan with
the intent and regu~lations of this ordinance.
' '~ SECTION 140%--'FEE~ - All appiications to the Planning
Board f0r ap~rg~. ~f, site development plans shall be accompanied
by a fee of $25.00.
XV. By renumbering Article VII to be Article XV, and amending
the same to read~ as follows:
ARTICLE XV
ENFORCEMENT
~-.SECTION ~50.9~,- BUILDING INSPECTOR -~ It shall be the duty
of the Buildiqg Ins,pector~ and such deputies and assistants as
may be appointed by the Town Board to administer and enforce
the p~ovisions of.this ordinance.
The Build~ing Inspector and a~istant and deputy building
· nspectors sha!l~ have~su~h~ ~ight to e~e~ and. inspect buildings,
s~ruc~turss, or premises and to perform~ 0~he~ acts n~cessary for
the enforcement of ~his ordinance as are conferred up~on them
by law .....
SECTION~,.1501 -~. BUILDING~?E,~R?IT$ - N? building in any
district shall be erected,,.~.gg.0nstru?ted or re~s~tor~d~ or
structurally altered without a building~ permit duly issued
upon application to t~ B~i~in9 !nSP~ct0r. ~o building permit
shall be issued unless the proposed construction is in full
conformi~y~wi~h~all the provisions of this ordinance and the
provisions of all other applicab~%e~!~aws, 0~dina,nc~s,~ ~ules and
regulations. Any building permit issued in violation of the
pr~visions of th~pr~di~an~c? ~9~l~.,~e nul-1 and void and of no
.effect, ~i~thout ~e ~ess~ty f~ any~pro~eed~ngs, .r~e~aca~ions
or nullificationsthereof; and any work undertaken ore, use estab-
lished pursuant to the issuance of a permit in violation of the
prov:isions of this, ordinance~shall.be unlawful.
1. Every application for a buildin~ permit,~mhall
contain the following information and be accompanied by the
Kequired fee and a plot p!an~ drawn to scale and signed by the
person responsible for each drawing. If no such plot plan is
available, a survey ~is reqqired, Prepared by a licensed engineer
o~ land s~rvey~or
~(a) The actua! ~hape, dimensions, radii, angles
and area of_the-lot on-.whic~.~the b~ilding is~ proposed to be
erected, or of the lot on which it is situated if an existing
b~i lding;
(b) The block and lot numbers, if any, as they
appear on the latest tax records;
(c) The exact size and locations_ on the lot of
the proposed building ~or buildings or~al~eration of an existing
building and of other existing buildings on the same lot;
].03
(d) _~he dimensions of all_ yar~s., in relation to
%he~su~j-ect bu~ii~iHg and the distances'between Such building
and any other existing buildings on the same lot;
(e) The existing and intended use of all build-
~n~s~.~exisSing or proposed, the use of land and the number of
dwel'ling units the building is dgsign~d to aceomodate; ~nd
.~ _ (f) Such topographic or other information with
regard to the building', the lot or neighboring lots as may be
nece~sar~ to determIne·that the prgposed' construction will
conform to the provisions of this erdinance.
2~ No building permit shall be issued for the
construction or alteration of any building uPon.a ~ot without
access to a street or highway as prov~ded by Section 280-a
of the Town Law.
3. No building permit shall be issued for any
bu-ilding if the Site Plan of such building fs subject to
approval by the Planning Board, except in conformity with
th~ plans approved b~ the said~Board. .
4. No building permit shall be issued for a building
in any district if such use is permitted by Special Exception
or Special Permi~' of the Board, unless and ~ntil such approval
has been duly granted by the Board of Appeals.
5. No building permit shall be issued for any
building until approval has been received from the County
Health. Department for the proposed water supply and sewage
disposal system. '
6. The Building permit application and all supporting
documentation shall be made in triplicate. Upon the issuance
of a buiTding peYmit, the Building'InspeCtor Shall. return one
copy of all filed documents to the 'appliCa~t~
7. The Building Inspector shall, within ten business
~ayslafter the filing of a complete a~nd properly prepared
app!i6ation, eitker issue or deny ~'build'ing permit. If a
building permit is denied the Building Inspector shall state
in writing to the applicant the reasons for such denial.
8. ~ ~uilding p~rmi~ s~all expire if the work
~u~rized has not commenced w~th~n 12 months~after the date
of issuance, or has not been comple'ted within 18 months from
such date for ~onstruction costing less than $1,000.00 and
has'n6t, be~n completed within 30 ~hs from such date for
c0nstruct~ion ~os~inq i~ excess of such amount If no zoning
r'egu~ations affecting the property' have been ena6t&d~ in the
interim, the Building Inspector may authorize in writing the
~x~nsion of the per,it for an add~iti0nal. ~ siz months. There-
affer, a new permit shall be required.
9. As soon as the foundation of a building or of
anyaddition to an existing building is completed, and before
first story framing or wall construction is beg~n, there shall
be filed with the Building Inspector an accurate survey signed
b~ th~' pe~ ~eS~nsib~ for said survey, Sh~wing the exact
locatioh for such foundation with respect to the street and
property lines of the 10t. No further construction shall be
performed until such survey ~s approved'by the Building Inspector.
10. Permit Fees -~The following fees shall be paid
upon t~e filing of an a~plica~ion with the Building Inspector
· fo~ a Building Permit which shall be paid into the general fund
if the~app~icati.on,is ~ppr@v~d, or returned to the applicant
if the app!~ca~bn is' d~ied~ ' ' ~ ~ _ '_i
...... D~_.e!!in~s ...........
.: _ _ -(~.) ' N~' a~l'ling~ - ~'~'.0~'p'!us' '$,'~i 65 'for each
dquare foot of floor area over 1,000 square fee.
_ '' (~j kd:diti-0'~s~'an~ alterations:- .$!5.00.
(C) accessory, buildings - $10.00 plus
each square foot of~1oo~ area over 850-square 'feetl
' :' ' .... Additions and alterations to Accessory
Buildings -
Hotels, Motels, Business and Industrial Buildings
': ) New Construction - $50.00 plus_ $.10 for each
squ~re foo~ of f~0Or.-~rea'Qv~r %0,000 square feet.
(b) Addit~n~ and-al~e~ations - $25.60 plus $.05
for each square foot over 1,000 square feet.
(c) ACC_,e.ssory buildings - $15.00.
Farm Buildings - $15.00
Ail other Structures.- $15.00
Signs The fee for all signs, except s~g~S~ permitted
by Section 300 C 7 (a), shall be $0.25 f~r each square foot of
.sign ,~rea~with a.mini~um f~ of $2.00. .
SECTION 1502 -~REVOCATION OF BUILDING PERMIT. Th~
Building Inspecgor ~ay.revoke a building permit theretofore
issued and approved in the following instances:
- (a) Where 'he finds that there has been any false
statement or misrepresentation as to a material fact in the
appI~-Ca~i6~, plan or .specif.ica~Qn~s .on which the buii'di~g
permit Was b~se~;
.. (~) ,.Where.he, finds that the.building permit was
ibsued in error and should not have been issued in accordance
wiEh the applicable law;
% . .(c)~ Wh'er~:~he'~ finds that. the work p~rforme der
the permit-~ nq~ beiDg ~rDsecu~ed in ~cc0rdan~e with the
p~v.i,si0ns of~ ~he afpPl~a~ion, plans or .spe6ificaEions;, or
' ' ' (~.)' Whe~e'~he'Pers~b~' to wh~m ~':building' p~r~it has
been issued fails or refuses to comp%y with a stQp order issued
by the Building Inspector.
SEq~IO~ _~503 : STO~. ORDERS .Whe~eY~ t~9. Bni!d~ng.
~nspec~0r has. r~asonab~ grounds to believe that work on
any building Qr structur~ is being prosecuted, in violation
of the provisions,of th.e applicabl.e law~, .ordinances, or
~egulations or not in conformity with. the provisions: of an
applicatiQn, plan, or.~pecifications on the basis of which a
'bu~idiDg"p~fmi~ wa~ ~iss~ed Dr in an unsafe, and dangerous
manner, he'shall-nOti~y th~' owner ~f the pr'oper~y; or
owners' agent, or the person performing the work to suspend
all work, and any such per~o~s shall forthwith stop such work
and suspend, all.~ui~ding Dctivities ~til the stop order has
been rescihded. ' Such order and notice shall be in w~iting,
shall state the conditions under which the work may be resumed
and may be serve~ upon~.a person to whom it is directed either
by delivering it personally to him, or by pbsting the same upon
a coDspicuous portion of the buflding under construction and
sending a copy of the same by registered mail.
.SECTION 1504 - CERTIFICATES OF OCCUPANCY
1. A ~er'tif~cate of Occupancy shall be applied for to the
Building Inspector and it shall'be unlawful to do any of the
following until a Cer~ificat~ of Occupancy is issued therefore
to wit:
(a) Occupancy ~hd use of a building erected, re-
constructed, restored, structurally altered,'~'moved, or any
change in use of an existing building.
(b) Occupancy, use or any change in lile use of any
land; and
(c) Any change in use of non-conformi'ng use.
2. No certificate of occupancy shall be issued for the use
of a building or lands requiring a Special Exception or special
permit by the Board of Appeals or for any land or use requiring
a Site Plan approval by the Planning Board unless and until such
use or Site Plan approval has been duly granted. Every certificate
of occupancy for which a special exception or 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 aDy condition to which thesame is subject.
3. Application for a certificate of occupancy for a new
building or for an existing building which has been altered
shall be made after the erection of such building or part
thereof has been completed in conformity with the provisions
of this ordinance and in the case of a new building shall be
accompanied by ah aCcurate pl0t plan, or it not available, by
a survey prepared by a ~icensed land surveyor or engineer
showing the location of'a building as built. Such certificate
shall be issued within 10 days after receipt of the properly
completed application, providing the application states that
all requirements of all other applicable codes or ordinances
in effect are compiled with.
-4. If the proposed use is in conformity with the provisions
of this ordihance and all other applicable codes and ordinances,
a certificate of occupancy for the use of vacant land or for a
change of use or a non-cOnforming use, shall be issued by the
Building Inspector ~ithin 10 days after receipt of a properly
completed application. If a Certificate of Occupancy is denied,
the Building Inspector shall sta~e the reasons therefor in writing
to the applicant.
5. Every application fbr a certificate ~f occupancy or a
temporary certificg~e of occupancy shall be accompanied by a
fee of $5.00. Copies-of such certificate will be issued upon
payment of $1.00 per copy.
6. A certificate of Occupancy shall be deemed to authorize,
and is required ~or, both initial occupancy and the continuance
of occupancy and use of't~e b~ildin~ or land to which it applies.
7. Upon written requeSt,~ and upon payment'of a fee of
$5.00, the Building Inspector shall, after inspection ~ssue a
certificate of occupancy for any building or use thereof or
.of land existing at the time of the adoption of %his ordinance,
certifying such u.se and whe'the~ or not the'same and the'building
conforms ~o the provisions of this ordinance~ '
:106
.8. A. record of all certifiGates=of occupancylshali be
kept in the-office of the Building InspeCtor and copies shall
be furnished on request,' ~o any agency of the Town or to any
persons havihg an interest in the building or land aff~bted.
SECTION 1503 - PELANTIE~'J~For every violation of the
provisions.of this ordinaDce or ~ny regulat%gns made pursuant
~et0, or a~ fai!'~r~ ~6 comply With ~ wr.i~n notice or order
of..~he Building Inspector within, tke time f~xed for c~mpliance
therewith, the owner, ~ccupant, b~ilder, architect, contractor
or their agents or any other person who commits, takes part
or.assists in any such vio!ation~or who shall fail to comply
with a written order or notice of the'Building Inspector shall
be guilty of ~n~ offen~e, punishability a fine not exceeding
fifty dollars or imprisonment for a period not to exceed six
mo~hs, or both... Each week's continued violation shall con-
stitute a separate additional violation.
SECTION 1~04 - REMEDIES - In case any building or
strucgure is erected, Constr6cted, reconstruCted,altered,
repa%red, converted or maintained, or any building, structure
or~ land is used_in_~v~!atio~ of this Qrdinance,,~or of any
r~gula~ions mad~ pursuaDt ~here~o,'in addition to other
remedies provided by la~, any ~ppropriate action or proceeding
whether by legal process ct otherwise, may be instituted~ or
taken to prevent such ~nlawful erection, constructi0n,~ re-
construction, alteration, repair; conversion, aminteRance or
use,~to ~s~rain,~ ~orr~ ~r ~ate's~ch vi~ation,, t6 prevent
~he occupancy of said building,, s~ruc~ure or land or .to prevent
any ~legal act, conduct, business, or use ~n or about such
premises.
X~?I. By renumbering ~Article IX to be Article X~, and amending
the same to read as follows:
ARTICLE XVI
,. _ ~- AMENDMENT~ ' ,
SECTION 1600 - The To~n Board upon its own motion or by
petition may, from time to 6ime,' amend, supplement, change,
modify or repeal this Ordinance' including the Zoning Map, by
proceeding in the fcllowing manner: The Town Board by resolution
adopted at a stated meeting shall fix the time and place of a
public hearing on the proposed amendmen~ and caus~ ~otice
thereof to, be given pursuant tQ th~ provision~ Qf._thD Town Law.
The Town Board, before' advertising for a public hearing, shall
in a written..request, instruct 2he Town Planning Board.to
p~epare an official report, defining the conditions described
in a petition and determinD the area so affected with its
recommendations'.
SECTION 1601 - FEES - Every petition for a change of
· amendment-to this ordinance ~r the zoning maP shall be filed
with the Town Clerk and shall be accompanied by a fee of
$100.00.
ARTICLE XVII
INTERPRETATION, VALIDITY, AND E~CEPTIONS
~ECTION 17_00 - CONFLICTS
(a) Where a provzsioD of this ordinance conflicts with
or ~mposes a different requirement than any other provision
of this ordinance, the provision or requirement which iS more
restrictive or which establishes the higher standard shall
govern.
(b) Where the provisions of this ordinance conflict with
or impose a different requirement than any other ordinance of
the' Town of Southold, or any rules or regulations adopted there-
under, the ordinance, rule or regulation which establishes the
higher .standard or requirement shall govern.
SECTION 1701 - VALIDITY - Should any section or provision
of this Ordinance be declared_by a court of competentt juris-
diction to be invalid, such decisions shall not affect the
validity of the Ordinance as a whol~ or any other part thereof.
SECTION 1702 EXCEPTIONS - Ail of the lots on the following
subdivision maps shall be excepted from the lot area and lot
-width requirements of this ordinance, and the lot areas and lot
widths applicable to said lots shall be as shown and designated
on said subdivision maps:
Green Acres
Stratmors
Marion Manor
Cleaves Point, Sec. ti
Fordham Acres, Sec. I
Fordham A~res, Sec. II
Sterling Homes
Eastern ~4OR~, Sec. I
Eastern Shores, Sec. II
Eastern Shores, Sec. III
Eastern Shores, Sec. IV
Eastern Shores, Sec. V
Southold Shores
Willow Point
Harbor Lights Estates, Sec. I
Terry Waters
Bay Haven
Corey Creek Estates
West Creek Estates
Northwoods
Vista Bluff
Jacksons Landing
Bennett's Pond
Rosewood Estates
Sunset t~nolls, Sec. II
Sunny Shores
Moose Cove
Nassau Point
Deer Park
Village Manor
G. I. Tuthill
Edgemere Park
Willow Terrace
Soundcrest Woods
Gardiners Bay Estates, Sec. III
Harvest Homes, Sec.
Bayview WoOds Estates
Smithfield Park
Paradise Point
Harbor Lights Estates, Sec. III
Highwood
Nunnakoma Waters
Yennecott Park
Downsview
South Harbor Homes
Peconic Shores, Sec. I
Peconic ~hmmsa, Sec. I
Peconlc Homes, Sec.
Peconlc Bay Oaks
Laurel Country Estates
SECTION 1703 EFFECTIVE DATE - Upon enactment of the
Town Board, this Ordinance shall take effect as provided by
law.
I I
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Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Justice Demarest,
WHEREAS, this Board held a public hearing on th~ 28th day of
September, 1971 in the matter of the amendment of~ the Town
ordinance entitled, "The Building Zone Ordinance of the Town of
Southold, Suffolk County, New York", and
WHEREAS, this Board has adopted a resolution enacting the amend-
men'ts to the aforesaid Building Zone Ordinance and Building Zone
Map~ as proposed in the Notice of Hearing of September 28, 1971,
and
~WHE ~REAS,this Board has been requested to give consideration to
further amendments to said zoning ordinance and zoning maps as
hereinafter set forth, and
WHEREAS, this Board believes that it is in the public interest
that a public hearing be held in the matter of said amendments
which are hereinafter set forth,
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk by written
request instruct the Town Planning Board to prepare an official
report with its recommendations with respect to the amendments
t0~said zoning ordinance and maps herein ~ter Set forth, and
IT IS FURTHER RESOLVED that if the said proposed amendments are
required to be' referred to the Suffolk County Planning Commission
that said Clerk refer such proposed amendments to such P~ning
Commission.
IT IS FURTHER RESOLVED that the proposed amendments to the
Building Zone Ordinance of the Town of Southol'd and the Building
Zone Maps are as follows, to wit:
I. By ~hanging from "A" Residential and Agricultural
District to "C" Light Industrial District the following~described
property,to wit:
Premises at New Suffolk in the Town of Southold
being all that land south of Jackson Street and east
of First Street to the ordinary high Water mark of
Cutchogue Harbor excepting, however, so much of said
premises as is presently within the "C" Light Industrial
District.
II. By changing from "A" Residential and Agricultural
District to "B-l" General Business District the following
described property, to wit:
Ail that certain plot, piece or parcel of land
situate, lying and being at Southold,=in the Town of
Southold, bounded and described as follows:
Beginning at the intersection of the westerly
line of the Main Road with the southerly line of
Ackerly Pond Lane; from said point of beginning
running southerly along said westerly line of Main
Road on a curve to the right having a radius of
1110.92 feet, a distance of 344.43 feet; thence
still along said westerly line of Main Road South 27
degrees 33 minutes West 18.0 feet to land of Willow
Hill Cemetery; thence along Willow Hill Cemetery, North
52 degrees 29 minutes 50 seconds West 234.07 feet to the
southeasterly line of Lower Road; thence along said
southeasterly line, North 41 degrees 45 minutes East 144.48
feet to said southerly line of Ackerly Pond Lane; thence
along said southerly line two courses: (&) North 73
degrees 05 minutes 40 seconds East 96.45 feet; (2) North
76 degrees 03 minutes 20 seconds East 170.10 feet to
the point of beginning.
III. By changing from "A" Residential and Agricultural
District to "B-l" General B~s~ness District the following des-
cribed property,to wit: ~
All that '~er~aln plot, piece or parcel Of ian~
situate, lyfng and ~being at Southold, in'tHe Town 0f
Southold, bQunded and described as follows:
~ ~ ~ Beginnin~ at 'a p6i~t on the easterly line of
Wells Avenue 200.03 feet southerly along said easterly
line from Main Road; from said point of b'egin~n~-running
along the existing "B-l" zone line, North 73 delgrees 17
minutes 20 seconds East 148.14 feet; thence Sout~ 15
degrees 55 minutes 50 seconds East 464.10 feet'to the
northerly line of 'said Wells Avenue; thence aI~n~ said
northerly line South 70 degrees 22 ~ih~tes 20~Se~C~nds
West 149.89 feet to said easterly line of Wells Aven~e;
thence along said easterly line North 15degrees~ 45
minutes 10 seconds West 471.75 feet to the point of
beginning.
'~ IV. By amending the first sentence of Section 1501,
Article XV of said ordinance to read'as follows:
No'building shall be erected or added ~to untii- a permit
therefor has been issued by the Building Inspector.
Vo~e of ~e Town B~ard: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved b~ Justice Demarest, seconded by Councilma'n Rich, it was
RESOLVED that Supervisor Albert M. Mar~tocchia be and he hereby
is authorized to arrange for t~ansportation and iod~ing for
all who wish to attend the Association Of Towns in'February.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Adj0urhment was at 3:40 P.M.
Albert W. Richmond
Town Clerk