HomeMy WebLinkAboutLL-2003 #09Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter beiug eliminated and do not use
italics or underlining to indicate new matter.
City
Town of
SOUTHOLD
LOCAL LAW NO. 9 OF 2003
A Local Law entitled "A Local Law in Relation to the General Business (B) District in Chapter 100 of the
Zoning Code of the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide alternative uses for business properties, and to provide the community with alternative
housing opportunities within the hamlet centers.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered
which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and,
except for those uses permitted under Subsection A(1), (t2) and (13) hereof, are subject to site plan approval by
the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-Conservation
District.
(2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District.
[Amended 2-7-1995 by L.L. No. 3-1995]
(3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal,
coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that are not offensive,
obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants,
including nursery operations, provided that the outdoor storage or display of plants and materials does not
obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Re¥. 11/99)
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) It shall be a farm wincn'y licensed under New York State law from which wine made from primarily
Long Island grapes is produced and sold.
(b)
(c)
(12)
(13)
owner
It shall obtain site plan approval.
It shall have retail sales on site.
One-family detached dwelling, not to exceed one (1) dwelling on each lot.
Two-family dwelling, not to exceed one (1) dwelling on each lot. The dwelling must be occupied by the
of the property.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a
special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning
Board:
(1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12), except wineries are not
required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989]
(2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District,
except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-1991]
(3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-
31B(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code.
(5) Research, design or development laboratories, provided that any manufacturing shall be limited to
prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks,
paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs
and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking
facilities and retail sale of goods associated with the particular activity.
(7) Laundry or dry-cleaning plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an enclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and
operated to protect surface waters and the groundwater reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls (nonprofit).
(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted
only inside the structure or in areas specifically designated and properly maintained outside of the structure and
where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-
1994 by L.L. No. 9-1994]
(10) Drinking establishments.
(11) Automobile laundries.
(12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental,
including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to
the following requirmnents:
(a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not
more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so
laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located
within.a building.
2
(d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of
gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than
thirty-five (35) feet from any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (t 5) feet from any street or property
line.
(g) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of
a church, public school, library, hospital, orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all of the provisions of§100-101B(12) herein and
the following additional requirements:
(a) Each partiai self-service gasoline facility shall have a qualified attendant on duty whenever the station, is
open for business. It shall be the duty of the qualified attendant to control and operate both the console
regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-
service pump island and the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the dh'ect supervision of the qualified attendant. A
control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service
pump island whenever the qualified attendant is absent from the control console for any reason whatever,
including when he is operating the dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by
the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant
controlling said console an unobstructed view of the operation of said remote dispensing equipment.
(d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate
only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is
manually operated.
(e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an
approved system of dry powder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle
operator's license.
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportation service, including garage and maintenance facilities.
(15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in this
zone, subject to the following requirements:
(a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this
chapter, and such parking area shall be available within the shopping center site to accommodate the use.
(b) The operation of the establishment shall not create traffic problems.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a
walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not
be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, pa'mted or glued onto the windows of
the business or onto any exterior structure, including waste disposal receptacles and flags.
(f) The siguage must conform to the existing color theme and siguage style of the shopping center.
(g) The existing exterior architectural style of the shopping center building may not be altered or modified
in any way to accommodate the proposed use.
3
(la) The use must be located wittun the shopping center's main primary building complex and may not be
located within a single freestanding structure within the shopping center site.
(16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory
uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
(1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-
Conservation District, subject to the conditions set forth in § t00-33 thereof. [Amended 11-29-1994 by L.L. No.
26-1994]
(2) Open storage of materials or equipment, provided that such storage shall be at least t~venty-five (25) feet
from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable
means of at least six (6) feet in height.
(3)
Apartments are permitted within the principal building only, subject to the following requirements:
i) The Building Department issuing an accessory apartment permit.
ii) The habitable floor area of each apartment shall be at least three hundred and fifty (350) square
feet.
iii) There shall be no more than three (3) apartments created or maintained in any single structure.
iv) Each apartment shall have at least one (1) offstreet parking space.
v) Construction and/or remodeling of an existing structure to create an accessory apartment shall
not trigger the need for site plan approval set forth specifically in section 100-250 and Article
XXV in general unless such construction or remodeling results in an increase of the foundation
size of the structure.
vi) The Apartment(s) shall not comprise more than forty percent (40%) of the principal building.
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be erected or altered in the B District
uuless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if such regulations were set forth herein in full.
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995]
A. Structures shall be set back at least one hundred (100) feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the
minimum front yard setback shall be the average of the setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so that no single structure shall have more than sixty
(60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may va'y, provided
that the average setback of the structures meets the setback required above and all buildings are at least seventy-
five (75) feet from the right-of-way.
The Density and Minimum Lot Size Schedule for Nonresidential Distriqts is amended as attached.
4
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III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jmisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(Complete the cerfificat~0n in the paragraph that applies to the fnmg of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. __9__ of 20 03 . of the
(Cc'.mty)(Cit3')(Town) O~21:.g:) of SOUTHOLD was duly passed by the
TOWN BOARD on May 6, 2003__, 20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby Certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at the (general)(speeial)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(Connty)(City)(Town)(V~llage) of was duly passed by the
on 20__ , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
perafissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
8
5. (City local law concerning Charter-revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. 0£20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affmmative vote of a majority o£the qualii~ed
electors of such city voting thereon at the (special)(gcmeral) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having bean submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affmnative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Elizabeth A. Neville, Town Clerk
(Seal) Date: __May 8, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YOtLK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law armed hereto.
Patricia A. Finnega ,it--E~., Ass~s~an} Town Attorney
Gregory F. Yakaboski, Esq., Tow"fi'~ttorne¥
Title
Town of
SOUTHOLD
Date:
May 8, 2003
9
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MAREIAGE OFFICER
RECORDS iViA!~AGEMENT OFFICER
FI~EDOiM OF INFOI~JATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Sou[hold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor~hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 277 OF 2003 WAS ADOPTED
AT TIlE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2003:
WItEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk CounW, New
York, on the 4th day of February 2003 a Local Law entitled "A Local Law in relation to the General
Bnsiness (B) District in Chaoter 100 of the Zonina Code of the Town of Sonthold"; and
WItEREAS a public hearing on the aforesaid Local Law was held on the 1 ltb day of March 2003 at which
time all interested persons were given the opportunity to be heard thereon, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law:
LOCAL LAW NO. 9 OF 2003
A Local Law entitled "A Local Law in Relation to the General Business (B) District in Chapter 100 of the
Zoning Code of the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
L Purpose- To provide alternative uses for business properties, and to provide the community with alternative
housing oppornmities within the hamlet centers.
II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§t00-I01. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered
which is arranged, intended or desigued to be used, in whole or in part, for any uses except the following:
A. ' !: [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and,
except for those uses permitted under Subsection A(1), (i2) and (13) hereof, are subject to site plan approval by
the Plmming Board:
(1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-Conservation
Dish'iet.
(2) Any pemiitted use set forth in and regulated by ~ 100-91A(3) to Cig) ¢2D of the ~am!et Business
District. [Amended 2-7-1995 by L.L. No. 3-1995]
(3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal,
coke, fuel oil ur jtmk.
(4) Building, electr/cal and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that are not offensiTe,
obnoxious or detrimental to neigbbor/ng uses by reason of dust, srnoke, vibration, noise, odor or effluem.
(6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants,
including nursery operations, provided that the outdoor storage or display of plants and materials does not
obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11-2%1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) It shall be a farm winery licensed under New York State law from which wine made from pr/marily
Long Island grapes is produced and sold.
(b) It shall obtain site plan approval.
(c) It shall have retail sales on site.
1~12) One-family detached dwelling, not to exceed one (1) dwelling on each lot.
~13) Two-familydwelling, not to exceed one (1) dwelling on each lot. The dwelling must be occupied bv the
9wrier of the proeertv.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a
special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning
Board:
(1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), except wineries are not
required to be in connection with a vineyard. [Amended 8-1~1989 by L.L. No. 15-1989]
(2) Hotel or motel uses as set forth in and regulated by § 100-6lB(4) of the Resort Residential (RR) District,
except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 1%1991]
(3) Bed-m~d~breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100~
3 lB(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the To-wn Code.
(5) Research, design or development laboratories, provided that any manufacturing shall be limited to
prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to termJs clubs, skating rinks,
paddle term/s, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs
and uses nomxally accessory and incidental to commercial recreation, such as locker rooms, eating and drink/rig
fiacilities and retail sale of goods associated with the particular activity.
(7) Laundry or dry-cleauing plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an enclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and
operated to protect surface waters and the ga'oundwater reservoir frmn pollution.
(8) Fraternal or social instirutional offices or meeting halls (nonprofi0.
(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted
only inside the structure or in areas specifically designated and properly maintained outside of the structure and
where the minimtun lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-
1994 by L.L. No. %1994]
(10) Drinking establishments.
(11) Automobile laundries.
(12) Pt~blic garages; gasoline service stations, new and used motor vehicle [0ts, vehicle sales and rental,
· including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to
the following requirements:
(a) Entrance and exit drive;vays shall have an nnrestricted width of not less than twelve (12) feet and not
more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so
laid out as to avoid the necessity of any vehicle backing out across any public right-o f*way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located
within a building.
(d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of
gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than
thirty-five (35) feet from any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property
line.
(g) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of
a church, public school, library, hospital, orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all of the provisions of §100-101B(12) herein and
the following additional requiremems:
(a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is
open for bnsinessL It shall be the duty of the qtmlified attendant to control and operate both the console
regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-
service pump island and the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A
control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service
pump island whenever the qualified attendant is absent from the control console for any reason whatever,
including when he is operating the dispensing equ/pment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by
the customer atthe self-service pump island shall be situated in such a manner as to ~ve the qualified attendant
controlling said console an unobstructed view of the operation of said remote dispensing equipment.
(d) Tlie self-serv~ee pump island shall have controls on all pumps that will permit said pumps to operate
only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is
manually operated.
(e) The Seif-&ervice pump island shall be protected by an automatic fire-protection system in the form of an
approved system of dry powder release which ;viii act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle
operator's license.
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportafiun service, including garage and maintenance facilities.
(15) Onc famiI¥ detached d;vellings, not to exceed one (1) dwelling on each lot. [Added 7 13 1993 by L.L.
No. ll 1993]
(16) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in
thi~ ZOne, ~¢bject to the following requirements
(a) Ther~ must be sufficient parking as provided for by the Article )CLX, Parking and Loading Areas, of this
chapter, mid such parking area shall be available with/n the shopping center site to accommodate the use.
(b) The operation of the establishment shall not create traffic problems.
(c) There,shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a
Wallmp window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not
be lit from within.
(e) Advca'fisements, including trademark logos, may not be affixed, painted or glued onto the windows of
the business or onto any exterior structure, including waste disposal receptacles and flags.
(f) The sii~tage must conform to the existing color theme and signage style'of the shopping center.
(g) The existing exterior architectural style of the shopping center building may not be altered or mod/fled
in any way to accorm~todate the proposed use.
(h) The use must be located within the shopping center's main pr/mary building comptex and may not be
located within a single freestanding structure within the shopping center site.
(17}(I6) Flea markets. [Added 10-17-1995 byL. L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory
uses and, except for residential accessory uses and signs, which are governed by Artic!e XX, are subject to site
plan review:
(1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) ~_nd (10) of the Agricultural-
Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No.
26-19941
(2) Open storage of materials or equipment, pro,Stied that such storage shall be at least twenty-five (25} feet
from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable
means of at least six (6) feet in height.
(3) Apm"tments are permitted within the principal building only, subject to the following requirements:
i) The Building Department issuin~ an accessory avarlrnent permit.
ii) The habitable floor area of each apartment shall be at least three hunch*ed mid fifty (350') square
feet.
iii) There shall be no more than three (3') apartments created or maintained in any single structure.
iv) Each aparm~ent shall have at least one (1) off street l~arldn~ space.
v) Construction anddor remodelin~ of an existing structure to create an accessory acartment shall
not tri~er the need for site platt al~proval set forth specifically in section 100-250 and Article
X)Cv' in ~eneral unless such construction or remodelin~ results in an increase of the foundation
size of the structure.
v/) The Aparm~ent(s) shall not comprise mom than forty percent (40%) of the princioal building.
§ 100~102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be erected or altered in the B District
unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if st~ch regulations were set forth herein in full.
§ 100-103. Front yard setbacks. [Added 8-22~1995 by L.L. No. 18-1995]
Structures shall be set back at least one hundred (100) feet from the fight-of-~vay.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the
minimmm front yard setback shall be the average of the setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so that no single structure shall have more than
sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel
may vary, provided that the average setback of the structures meets the setback req~£tred above and
all buildings are at least seventy-five (75) feet from the right-of-way.
The DensiW and Minimun~ Lot Size Schedule for Notrresidential Districts is amended as attached.
HI. Severability.
If. any clause, s~menc% paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
Strike-through represents deletion.
Underline represents insertion.
See next page
Elizabeth A. Neville
Soathold Town Clerk
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY I 2~3 I -OOO I
May 30, 2003
RANDY A. DANIELS
RECEIVED
ELIZABETH A. NEVILLE
TOWN HALL, 53095 MAIN RD.
PO BOX 1179
SOUTHOLD NY 11971
Re:
Soethold 1'own ~ler&
"B" & HB Districts"
TOWN of $OUTHOLD, Local Law 9 & 10, 2003, filed on 5/12/03
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRL&GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
May 8, 2003
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, New York 14624
Re: Town of Southold Code
Local Law Number 9 & 10 of 2003
Dear Ms. Flint:
Transmitted lierewith please find the Local Law Number 9 & 10 of 2003.
Please make the appropriate amendments to the Southold Town Code.
Thank you.
Very tmly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
~GISTRAR OF 'vITAL STATISTICS
· MARRLAGE OFFICER
RECORDS MANAGEMEi~T OFFICER
FREEDOM OF INFORNIATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town H~dl, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
May 8, 2003
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 9 & 10 of 2003
Town ef Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law N umber 9 & 10 of 2003 of the Town of
Southold suitable for filing in your office, x,
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
Enclosures
cc: ~o~wn Attorney
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
5/t2/2003~
Ms. Eifzabeth A. Neville:
The following materi~l has been received
and wi~t be processed for inclusion in your
Code as supplemental pages (where
~pplicebte):
Local Law Nos. 9-2003 and 10-2003
Town ef Soutm~td
C/O Clerk's Office
~ Box i i 79
Southoid. NY 11971
Genera] Code Publishers
Phone: 800/838-8834
Fax: 585/328-8189
· ~' LEGA-L N(~iCE
T NOTI(2E OF PU-III~IC
~. -~' HEARn~G
GWEN ~ha~:]h~T0~'Bfi~fird.of
Nod:hold 'lown IJdlL q.l()gq
M~.n Road. ~Ot;ll.old.
Relalion Io Ihe (;cmwal
('11:~ ~lcr 100of d'c/oqi:l, (
I. P. rpo~e o m)~
:. See Legals next pageF
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she ~s the Legal Advertising
Coordinator, of the Trccceler Watchman.
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the armexed is a printed copy, has
been published in said Traveler
Watchmaf once each week
for ............ / weel~(s) ~, successively,
commeacfin& on ~e...~..O. ...... day of
.~., 2003.
8w~a'-~O before me thia,~...~....day of
.... .~..~:~2003.
Notary Public
Emily Hamill
NOTARY PUBLIC. State of New York
'~d'?'oc l~crm!:rec- over- r fl h n.r..
qt~?iohs. .s:nrc~ rcTailin.'T
Nmn~c~ ."'~'it h · - kite h,'m. ~"- o1'
other facil{;~es proflt.'cin~
m;cn~c hca: .or any oth~
estabhsflm~t 'which i~c
hui:r in fire
tb~ 'i he haNmb:c ilnor nrta
cnch al~3:~m~nt:,~hall be a~ least
tour h:mdreo ~ifiv ~45()x
·even hunLq:'ed fqrtv . ~50
~qt:a'~ ~et. J ht ;pavement ~all
i~ot ke ;acat,.d on thc fir~?
~ ork grate ['v[form i'ire
and :l~e 5anitnix' ( 'ode.
· c. lh~ sh~il he no mo~
following
mdmq,p:!l p!u'kin.,.-' .ma.~: ne u-cd be u
alte~
Scht
L0ai
into
with
as it
§i
II1
If
Loving and devoted wife.Of the late
· ,st- lohn 'E Lynch. Loving mother of John
ok, Lyneh,.R6nnie Mai'tin, Bernadette Arias~
0 4 S/~ven LYnch. Janet~ Hiltbnmef and
,er Lamfie Perrier. Cherished grandmother
30 of 11 and great-grandmother.of 2-3.. On
at ~ctober 4 200.2., she:' recei~)ed the
}ld 'Lifetime Achiefment Award- ~m
xSt-. Centre/Sfiffolk Hospital for'her nmn%
ks. OUS hoUrS pf'devoted's&vice and eom-
'ol- mitment to the patilmts and ~rnpl0yees of
.'ry. the hospital. She served foEmany years
am as a Dir~tor:ofVotunte6r~ She ~dll
&e always be remembered for her dediea;
:ue t/on and love for all her family. She wilt
m, remain~in ottf hearts'anti minds foreven
nfl Reposing af the Regi~ti I-k Tuthig
iht Funeral Home, 406 E. Main St.,
Riverhead, Friday, from 2 to 4pan. and 7
to 9 p.mi Celebration of the Litt~gY of
Chris~ian Burial Wilt be 6ffered Sht~day
ac, at 9:30'h.rrr at St. Isidore's R.C. Church,
at
~rt. Riverhead. Interment will be in Cal3ary
Cemetery, Queens.
on Normaloo R~ve, a
nd Former Greenport'resident Normalee
· ReevesofMarydel, DE died at the Kent
>r- General Hospital in Dox~r on Febraary
nc 13, 2003:She was 66.
' Mrs; ;R~eves .~vad bom bn' Shelter
he Island on D~e~, ~nbet 21, i936 tO Leon_ -
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
thru she is the Legal Advertising
Coordinator, of the Traveler Watchman.
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchman once each week
for..., f ...... week(s) , successively,
commenc~ag.~.~ ,/,,~°n the ...... 4~..0.....day of
..... Z,. . txScz ,.r. ./ , .....
2003.
Sw~ before me ,~t~is...~......day of
...... 200 .
Notary Public
Emily Hamill
NOTARY PUBLIC. State of New York
No. 01HA5059984
Qualified in Suffolk County
Commission expires May 06. 2006
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold
a public hearing on the aforesaid Local Law at the Southold Town Hall, 530905 Main
Road, Southold, New York, on the llth day of March 2003 at 5:00 Ixm. at which time
all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law in Relation to the General Business
(B) District in Chal~ter 100 of the Zonin~ Code of the Town of Southold" reads as
follows:
LOCAL LAW NO. 2003
A Local Law entitled "A Local La~v in Relation to the General Business (B) District in
Chapter 100 of the Zoning Code of the Town of Southold".
BE IT ENACTED by the Tow~a Board of the Town of Southold, as follows:
I. Purpose- To provi.de alternative uses for business properties, and to provide the
community with alternative housing opportunities within the hamlet centers.
II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as
follows:
§100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof
shall be erected or altered which is arranged, intended or designed to be used, in whole or
in part, for any uses except the follo~ving:
A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are
permitted uses and, except for those uses permitted under Subsection A(1). (12) and (13)
hereof, are subject to site plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the
Agricultural-Conservation District.
(2) _A_ny permitted use set forth in and regulated by § 100-91A(3) to (19) (21) of the
Hamlet Business District. [Amended 2-7q995 by L.L. No. 3-1995J
(3) Wholesale businesses, warehouses and building material storage and sale, but
excluding storage of coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that
are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke,
vibration, noise, odor or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden materials,
supphes and plants, including nursery operations, provided that the outdoor storage or
display of plants and materials does not obstruct pedestrian flow or vehicular traffic and
does not occur within three (3) feet of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following
standards:
(a) It shall be a farm winery hcensed under New York State law fi:om which wine
made fi:om primarily Long Island grapes is produced and sold.
(b) It shall obtain site plan approval.
(c) It shall have retail sales on site.
(12) One-family detached dwelling, not to exceed one (1) dwelling on each lot.
(13) Two-family dwelling, not to exceed one (1) dwelling on each lot. The dwelling
must be occupied by the owner of the property.
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals, as hereinafter provided,
subject to site plan approval by the Planning Board:
(1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12),
except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989
by L.L. No. 15-1989]
(2) Hotel or motel uses as set forth in and regulated by § 100-6 lB(4) of the Resort
Residential (RR) District, except that the minimum lot size shall be three (3) acres.
[Amended 8-13-1991 by L.L. No. 19-1991]
(3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and
regulated by § 100-3 lB(14) of the Agricultural-Conservation District, except that no site
plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the
Town Code.
(5) Research, design or development laboratories, provided that any manufacturing
shall be limited to prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to tennis
clubs, skating finks, paddle tennis, handball and squash facilities, dance halls, billiard
parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental
to commercial recreation, such as locker rooms, eating and drinking facilities and retail
sale of goods associated with the particular activity.
(7) Laundry or dry-cleaning plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an enclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be
designed, located and operated to protect surface waters and the groundwater reservoir
from pollution.
(8) Fraternal or social institutional offices or meeting hails (nonprofit).
2
(9) Take-out restaurants, provided that eating on the premises of the take-out
restaurant shall be perruitted only inside the structure or in areas specifically designated
and properly maintained outside of the structure and wh~re tlxe minimum lot size for a
freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by
L.L. No. 9-1994]
(10) Drinking estabhshm~nts.
(11) Automobile laundries.
(12) Public garages, gasoline service stations, new and used motor vehicle lots, velficle
sales and rental, including the sale of recreation vehicles and trailers and boat sales, with
accessory repair facilities, all subject to the following requirm-aents:
(a) Entrance and exit driveways shall have an unrestricted width of not less than
twelve (12) feet and not more than th/rty (30) feet and shall be located not less than ten
(10) feet from any property line and shall be so laid out as to avoid the necessity of any
vehicle backing out across any public right-of-way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of
ne~v vehicles or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and ail parts or
supplies shall be located within a building.
(d) All service or repair of motor vehicles, other than such minor sm'vicing as change
of tires or sale of gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully
underground and not less than thirty-five (35) feet from any property line other than the
street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet f~om
any street or property line.
(g) No gasoline service or repair shops or similar businesses are to be located within
three hundred (300) feet of a church, public school, library, hospital, orphanage or rest
home.
(13) Partial self-service gasoline service stations, subject to ail of the provisions of
§ 100-10lB(12) h~rein and the following additio~ai requirements:
(a) Each partial self-service gasoline facility shall have a qualified attendant on duty
whenever the station is open for bnsiness. It shall be the duty of the qualified attendant to
control and operate both the console regulating the flow of gasoline to the dispensing
equipment thereafter to be operated by the customer at the self-service pump island and
the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct supervision of the
qualified attendant. A control shall be provided which will shut off the flow of gasoline to
the dispensing equipment at the self-service pump island whenever the qualified
attendant is absent from the control console for any reason whatever, including when he
is operating the dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the r~mote dispensing equipment
thereafter operated by the customer at the self-service pump island shall be situated in
such a manner as to give the qualified attendant controlling said console an unobstructed
view of the operation of said remote dispensing equipment.
(d) The self-service pump island shall liave controls on ail pumps that will permit
said pumps to operate only when a dispensing nozzle is removed from its bracket on the
pump and the switch for this pump is manually operated.
3
(e) The self-service pump island shall be protected by an automatic fire-protection
system in the form of an approved system of dry powder release wkich will act as an
automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a
valid motor vehicle operator's license.
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportation service, including garage and ma'mtenance facilities.
(15) One family detached dwellings, not to exceed one (i) dwelling on each lot.
[Addcd 7 13 1993 byL.L. No. 11 1993]
(16) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within
a shopping center in this zone, subject to the following requirements:
(a) There must be sufficient parking as provided for by the Article XIX, Parking and
Loading Areas, of this chapter, and such parking area shall be available within the
shopping center site to accommodate the use.
(b) The operation of the establishment shall not create traffic problems.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through,
drive-up, drive-by or a walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter
and, further, may not be lit fi:om within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structure, including waste disposal
receptacles and flags.
(f) The signage must conform to the existing color theme and signage style of the
shopping center.
(g) The existing exterior architectural style of the shopping center building may not
be altered or modified in any way to accommodate the proposed use.
(h) The use must be located within the shopping center's main primary building
complex and may not be located within a single fi:eestanding structure within the
shopping center site.
(17) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are
permitted as accessory uses and, except for residential accessory uses and signs, which
are governed by Article XX, are subject to site plan review:
(1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10)
of the Agrienlmral-Conservation District, subject to the conditions set forth in § 100-33
thereof. [Amended 11-29-1994 by L.L. No. 26-1994]
(2) Open storage of materials or equipment, provided that such storage shall be at least
t~venty-five (25) feet fi:om any lot line, not be more than six (6) feet high and be suitably
screened by a solid fence or other suitable means of at least six (6) feet in height.
(3) Apartments are permitted within the principal structure only, subject to the
following requirements:
i) The Building Department issuing an accessory apartment permit.
ii) The habitable floor area of each apartment shall be at least three hundred
and fifty (350) square feet.
4
iii)
iv)
v)
There shall be no more than three (3) apartments created or maintained in
any single structure.
Each apartment shall have at least one (1) offstreet l>arking space.
Construction and/or remodeling of an existing structure to create an
accessory apartment shall not trigg~ the need for site plan approval set
forth specifically in section 100-250 and Article XXV in general unless
such construction or remodeling results in an increase of the foundation
size of the structure.
The Apartment(s) shall not comprise more than forty percent (40%) of the
principal structure.
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be erected or
altered in the B District unless the same conforms to the Bulk Schedule and Parking and
Loading Schedules incorporated into this chapter by reference, with the same force and
effect as if such regulations were set forth herein in full.
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995]
A. Structures shall be set back at least one hundred (100) feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed,
in which case the minimum front yard setback shall be the average of the setbacks of the
adjacent parcels.
C. A project shall be divided into separate structures so that no single structure
shall have more than sixty (60) linear feet of frontage on one (1) street. The
setbacks of multiple structures on a parcel may vary, provided that the average
setback of the structures meets the setback required above and all buildings
are at least seventy-five (75) feet from the right-of-way.
The Density and Minimum Lot Size Schedule for Nonresidential Districts is amended as
attached.
0
Z~Z ZZZ Z Z Z
ZZZ ZZZ Z Z Z
......
~ ZZZ Z Z Z
ZZZ Z Z Z ZZZ
jj~oojjjo jjjooo
o ooo oog g g g
~ZZ ~ZZ Z Z Z ZZZ
III. Severability.
If any clause, sontence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not effect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Strike-through represents deletion.
Underline represents insertion.
Dated: February 10, 2003
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 20, 2003, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watchman
Building Dept
Town Clerk's Bulletin Board
Planning Board
Town Board Members
Town Attorney
Zoning Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk ofthe~own of Southold, New York being
duly sworn, says that on the /O~i day of k.ff'~d/Z~_ , 2003, she affixed a notice
of which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARING TO BE HELD ON: 5:00 pm March 11, 2003
A. Neville
Southold Town Clerk
Sworn before me this
/~'~ day,of ~
,2003.
7
SOUTHOLD TOWN BOARD
PUBLIC HEARING
March 11, 2003
5:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO GENERAL BUSINESS (B) DISTRICT IN
CHAPTER 100 OF THE ZONING CODE OF THE TOWN OF souTHOLD''.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman. Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboskl
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN ~hat the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at ithe Southold Town Hall, 530905
Main Road, Southold, New York, on the llth day of March 2003 at 5:00 p.m. at which time all
interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law in Relation to the General Business (B) District in
Chapter 100 of the Zonin~ Code of the Town of Southold" reads as follows:
LOCAL LAW NO. 2d03
A Local Law entitled "A Local Law in Relation to the General B~siness (B) District in Chapter 100 of
the Zoning Code of the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide alternative uses for business properties, and to provide the community with
alternative housing opportunities within the hamlet centers.
II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected
or altered which is arranged, intended or designed to be used, in Whole or in part, for any uses except
the following: '
A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses
and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-
Conservation District.
(2) Any permitted use set forth in and regulated by § 100-91A(3) to ¢-9) (21) of the Hamlet
Business District. [Amended 2-7-1995 by L.L. No. 3-1995]
March 11, 2003 2
Public Hearing-General Business
(3) Wholesale businesses, warehouses and building material storage and sale, but excluding
storage of coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors~ businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that are not
offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise,
odor or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden materials, SUPplies and
plants, including nursery operations, provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vei~icular traff~c and does not occur within t~ee (3) feet
of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11~29-1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) It shall be a farm winery licensed under New York State law from which wine made from
primarily Long Island grapes is produced and sold.
(b) It shall obtain site plan approval.
(c) It shall have retail sales on site.
(12) One-family detached dwellin~ not to exceed one (1) dwellin~ on each lot.
(13) Two-family dwelling, not to exceed one (1) dwellin~ on each lot. The dwellin~ must be
occupied by the owner of the property.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval
by the Planning Board:
(1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12), except
wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-
1989]
(2) Hotel or motel uses as set forth in and regulated by § 100-6 lB(4) of the Resort Residential
(RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L.
No. 19-1991]
(3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by
§ 100-3 lB(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code.
(5) Research, design or development laboratories, provided that any manufacturing shall be bruited
to prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs,
skating finks, paddle tennis, handball and squash facilities, dance hails, billiard parlors, bowling alleys,
health spas and clubs and uses normally accessory and incidental to commercial recreation, such as
locker rooms, eating and drinking facilities and retail sale of goods associated with the particular
activity.
(7) Laundry or dry-cleaning plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an anclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be designed,
located and operated to protect surface waters and the groundwater reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls (nonprofit).
March 11, 2003 3
Public Hearing-General Business
(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be
permitted only inside the structure or in areas specifically designated and properly rna'retained outside
of the structure and where the minimum lot size for a ;xeestanding structure is forty thousand (40,000)
square feet. [Amended 5-16-I994 by L.L. No. 9-1994]
(10) Drinking estabhshments.
(i 1) Automobile laundries.
(12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and
rental, including tl~e sale of recreation vehicles and trailers and boat sales, with accessory repair
facilities, all subject to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet
and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line
and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-
way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles
or boats.
(c) Vehicle hfts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall
be located ~vithin a building.
(d) All service or repair of motor vehicles, other than such armor servicing as change of tires or
sale of gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not
less than ttfirty-five (35) feet from any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or
property line.
(g) No gasoline service or repair shops or similar businesses are to be located within three hundred
(300) feet of a church, public school, library, hospital, orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all of the provisions of §100-101B(12)
herein and the following additional requirements:
(a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the
station is open for business. It shall be the duty of the qualified attendant to control and operate both
the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the
customer at the self-service pump island and the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant.
A control shall be provided which will shut off the flow of gasoline to the dispensing eqtfipment at the
self-service pump island whenever the qualified attendant is absent from the control console for any
reason whatever, including when he is operating the dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote dispensing equipmeut thereafter
operated by the customer at the self-service pump island shall be situated in such a manner as to give
the qualified attendant controlling said console an unobstructed view of the operation of said remote
dispensing equipment.
(d) The self-service pump island shall have controls on all pumps that will permit said pumps to
operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this
pump is mannally operated.
(e) The self-service pump island shall be protected by an automatic fire-protection system in the
form of an approved system of dry powder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor
vehicle operator's license.
March 11, 2003 4
Public Hearing-General Business
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportation service, including garage and maintenance facihties.
(15) One family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7 13 1993
byL.L. No. 11 1993]
(16) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping
center in this zone, subject to the following requirements:
(a) There must be sufficient parl~mg as provided for by the Article XIX, Parking and Load'mg
Areas, of this chapter, and such parking area shall be available within the shopping center site to
accommodate the use.
(b) The operation of the establishmcmt shall not create traffic problems.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or a walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit fi:om with're.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
~vindows of the business or onto any exterior structure, including waste disposal receptacles and flags.
(f) The signage must conform to the existing color theme and signage style of the shopping center.
(g) The existing exterior architectural style of the shopping center building may not be altered or
modified in any way to accommodate the proposed use.
(h) The use must be located within the shopping center's m~m primary building complex and may
not be located within a single freestanding structure with'm the shopping center site.
(17) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are governed by Article XX,
are subject to site plan review:
(1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the
Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended
11-29-1994 by L.L. No. 26-1994]
(2) Open storage of materials or equipment, provided that such storage shall be at least twenty-five
(25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence
or other suitable means of at least six (6) feet in height.
(3) Apartments are permitted within the principal structure only, subject to the following
requirements:
i)
ii)
iii)
vi)
The Building Department issu'mg an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifl:V (350)
square feet.
There shall be no more than three (3) apartments created or maintained in any single
structure.
Each apartment shall have at least one (1) off street parking sj~ace.
Construction and/or remodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan a_m)roval set forth sl~eciflcall¥ in
section 100-250 and Article XXV in general unless such construction or remodeling
results in an increase of the foundation size of the structure.
The A!oartment(s) shall not comprise more than forty percent (40%) of the principal
structure.
March 11, 2003 5
Pubhc Hearing-General Business
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no buJld'mg or part thereof shall be erected or altered in the
B District unless the same conforms to the Bnlk Schedule and Parking and Loading Schedules
incorporated into this ctmpter by reference, with the same force and effect as if such regulations were
set forth herein in full.
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995]
A. Structures shall be set back at least one hundred (100) feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which
case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so that no single structure shall have
more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple
structures on a parcel may vary, provided that the average setback of the structures meets
the setback required above and all buildings are at least seventy-five (75) feet fi:om the
right-of-way.
The DensiW and Minimum Lot Size Schedule for Nonresidential Districts is amended as attached.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
COUNCILMAN WICKHAM: I have here the legal notices in the local newspaper, I have a notice that
it has appeared on the Town Clerk's bulletin board outside and we must have other communications
here from the Planning Board. I have a letter from the Suffolk County Planning Commission,
Department of Plarming signed by Thomas Isles, Director of Planning. "Gentlemen, Pursuant to the
requirements of the Suffolk County Administrative Code this application which has been submitted to
the Suffolk County Planning Commission is considered to be a matter for local determination as there
is no apparent significant county-wide or inter-community flnpacts. Decision of local determination
should not be construed as either an approval or disapproval. I also have a letter from our Planning
Board. Our Planning Board would have responded to this; this is rather lengthy. We should have a
response from our Planning Board here. Mr. Supervisor, why don't we carry on with the heating and
when we have it, we will try to read it.
SUPERVISOR HORTON: Okay, thank-you. We will move forward with taking input from the public
on :this public hearing. In specific, to the General Business Zoning District in Southold Town. I ask
that when you do address the Town Board, you do so fi:om one of the two microphones at the head of
the room and state your name and place of residence for our records. Would anybody care to address
the Town Board on this particular proposal?
SID OHLMSTEAD: Good Afternoon, my name is Sid Ohlmstead, I live in Mattituck. In fact, I saw
the Supervisor in Mattituck the other day and it is a pleasure to see a Supervisor in Mattituck, other
than the weekend before Election Day.
SUPERVISOR HORTON: I get started early.
March 11, 2003 6
Public Hearing-General Business
MR. OHLMSTEAD: I am speaking in approval for any additional living space for people who cannot
afford one of these big mansions that are being built nowadays and be able to remain in our hamlet, to
be able to stay with their families and all that. And also for the many people who work here, who
travel from a great distances to come and cut our grass and work in our restaurants and all the other
things that., that all our kids go off to college and go away and never come back. There are about four
apartments over the stores in Mattituck, I think there is one, possibly two remaining now. And the
families hved in those places over the years and kids went to school. People who live in apartments do
pay taxes, a portion of their rent goes towards the landlords taxes, even if he doesn't declare the
income, you still have to pay the tax. I think that it is a good idea even for non-family members of the
stores. If you have an apartment to rent, rent it. I mean, you follow the people that go home from
work, they are on foot, they live somewhere. And there is a lot of them, so I think that some of these
places could even be made legal. You know, there are a few legal apartments around, not many but
there are a few. And it is not that bad of an idea. You lmow, we are becoming ehtist snobs trying
to,...years ago, people lived next to a shanty. The man that cleans this place grew up in a shanty one-
third the size of this room. And people, he had neighbors that were comfortable with that, they weren't
threatened with that. If anything, the big houses make the real estate prices go up, the smaller ones
don't make them go down. Because my neighbor has a big house and he is dragging me up. I guess
when they sell my property, they are going to tear my house down and make a bigger one. But that is
just the way that it is nowadays. Thank-you very much.
SUPERVISOR HORTON: Thank-you, sir. Are there any other comments from the floor?
JOE LIZEWSKI: Joe Lizewski, Southold Town. I would just like to get a few things straight in my
mind about part of this law, it has a little bit to do with the wineries, which meet the following
standards. And this law is being written under General Business. And it says that you are going to
have to get a site plan for certain th'mgs that wineries have and does that preclude that these wineries,
things that they want are General Business at that time. In other words, does this law apply, when you
are looking at these wineries you are looking at agricultural properties for the most part. Okay? You
are not looking at General Business because most of your wineries are zoned agricultural; AC. And
this law goes on to say, it shall be a farm license of New York State Law for which wine is made from
primary Long Island grapes and is produced and sold, shall obtain site plan approval and it shall have
retail sales on site. Now, that to me is telling that, what you are asking here is that General Business,
you have this under General Business but is this code covering agricultural when you are talking about
the wineries. Do you understand what I am saying, in other words, this thing is written under B, it is
written under B District, that is the ma'm title and then you are talking about these wineries and you are
talking about site plan...
COUNCILMAN ROMANELLI: That was all part of the ....
COUNCILMAN MOORE: That was the existing language in the B zone currently.
DR. LIZEWSKI: I am questioning it because most of the stuff is done, most of the winm'ies are in the
agricultural zone so are we now saying, if these things exist are they going to exist in a business zone?
In other words, you have it under Business not under AC.
COUNCILMAN ROMANELLI: It is saying that a ~vinery can be in a Business zone...
March 11, 2003 7
Public Hearing-General Business
COUNCILMAN MOORE: And that is not part of the change, that is existing law now, that is not part
of the change.
DR. LIZEWSKI: I am just questioning that particular business about...
COUNCILMAN ROMANELLI: A winery can be in a Business zone?
DR. LIZEWSKI: Yes, in other words, you would have to change in order to get that Business zone to
fulfill this part of the law, is that correct?
JUSTICE EVANS: You would have to be in the Business zone in ord~ to have the accessory
aparhuent.
DR. LIZEWSKI: Well, I am not talking about the accessory apartments, I am talking about what the
wineries are permitted, okay?
COUNCILMAN MOORE: Yes, you are right. I have now clicked into where you are.. if there is a
winery out there on AC currently, to take advantage of the accessory apartment law being
contemplated by this law, they would have to seek a zone change to B zoning, okay?
DR. LIZEWSKI: Okay, that is where I wanted to go. I wanted that clarified because most of your
wineries are not Business zoned, they are zoned Agricultural.
COUNCILMAN MOORE: This provision is not currently being recommended for the AC zone.
DR. LIZEWSKI: Okay, that is one thing. The other thing is that under General Business, it says one
family detached dwelling not to exceed one...it means that we have to put now, since you are in
General Business if you are building a house under General Business that you will be subject to site
plan? Am I interpreting that right?
COUNCILMAN MOORE: No.
DR. LIZEWSKI: Because it says B, General B zone...it says that you need to have a site plan for
these things and it goes on to list them and one of the things that it lists is a one-family dwelling. Up
until this point, if you had a one-family dwelling, you didn't need to go for site plan, no matter where it
was.
TOWN ATTORNEY YAKABOSKI: Except those uses permitted under Section A-12 and 13. 12 and
13, it is an exception, Joe. It is an exception in paragraph A, there is an exception that says, you are
right~ you need Planning Board approval except for those uses permitted under sub-section A-i, Sub-
section A-12, A-13 and A-12 is the single family dwelling.
DR. LIZEWSKI: So we don't need site plan for this.
TOWN ATTORNEY YAKABOSKI: You do not need site plan approval for one-family or the two-
family.
March 11, 2003 8
Public Hearing-General Business
SUPERVISOR HORTON: Which was actually part of the design, I am thinking back to ....
DR. LIZEWSKI: I just misinterpreted, I am sorry.
SUPERVISOR HORTON: This process started a httle over a year ago and I know that one of the
things that Councilman Romanelli was shooting for was to provide this possibility without having to
go through the site plan process.
DR. LIZEWSKI: Okay, it is just the way that this is written, it is a little cumbersome to see that, okay?
In my opinion, any way, as far as writing a law. I just want to make a comment, I know that some of
the stuff has been in there a long time about these gas stations, the other part of this law has to do with
gas stations and fast foods centers again and a little bit of agriculture and I just thought that some of
these things that you are asking of gas stations, which we really don't build too much anymore, are
pretty much into what people do in those businesses, I feel that if the zone is there and they build these
gas stations, I mean to tell somebody that they can't sell a pair of wind shield wipers basically outside
of the gas station, which this law basically, which you could interpret this law as doing, I think that all
service and repair motor vehicles and other such minor services such as changing tires and selling gas
and oil shall be conducted in the building. So you are telling them, I think that is pretty tacky as far as
how much you are going to tell somebody to do after they go through all this trouble to build a gas
station and what they can do outside the building, I just think it is ....
SUPERVISOR HORTON: You are addressing the existing language ....
DR. LIZEWSKI: I think that someday you could loosen that up a little bit. That is going a little far
into what a man has to do to make a living.
SUPERVISOR HORTON: Those are points well taken.
DR. LIZEWSKI: I have just one more on this, the open storage on C on page 4, the open storage
materials, that goes under site plan review also? For agricultural? That has been there for a while. I
am looking at the six feet high acidity screened business, I am just thinking of the guy stacking hay or
whatever he wants to do and number 2, that was amended in 1989. I was just looking at that for being
pretty tacky for a farmer also. You know? I think that it is wonderful that you finally got a law that is
positive, that gives something back to the community but I think that some time should be spent on
taking some of this ticky, tacky stuff out of the code at sometime. I mean, basically we spend all of
our time making regulations and doing ptmitive things to the people here through your codes and this
is finally a positive law, which is going to give people some housing but I think when you look at this
thing and you really read it closely, the whole thing, you can see that a lot of the stuff that was in here
has become antiquated and maybe someday you should take the time to clean it up. Thank-you.
SUPERVISOR I-IORTON: Are there any other comments on this proposed legislation?
DAN ROSS: Thank-you, Dan Ross, WoodcliffDrive, Mattitnck. I would like to speak in favor of the
amendment, I think that it is going to provide a type of housing that is lacking in the Town and you are
providing it in the appropriate zones. I applaud the owner occupancy aspect of it and I would urge the
Board, whenever you consider multiple use on a piece of property that includes housing, that includes
March 11, 2003 9
Public Hearing-General Business
residential, that you include owner occupancy or owner presence with regard to the proposal. Thank-
you.
SUPERVISOR HORTON: Thank-you, Mr. Ross.
JANE BRODERICK-PITTS: Jane Broderick-Pitts from Mattituck. I always try to follow a short
person, unfortunately that didn't happen. I would like to take a moment of the Town Boards time and
speak in favor of accessory apartments. I think that they are needed, for those of us who own a home,
the equity we have in our homes as a result of sky-rocketing prices is tremendously comforting and
very exciting, however, if you do not have $300,000 to $350,000 to spend on a very small average
home, needing work, you are being priced offthe North Fork. And these are not strangers. These are
our friends, these are our neighbors, these are our relatives, these are our children, these will be our
children's children. And so the issue needs to be addressed. I think that the accessory apartments will
add to the housing market. I think that it is the right thing to do from the human perspective, I also
think, quite frankly, that there is an economic impact. There is a sociological shift if you will, if we
continue the way that we are continuing. We are changing the demography of the North Fork. It is no
longer a small town of fr/ends and relatives and neighbors. It is becoming a playground for the rich
and for the second homeowner. When you get to that point, as comforting as our equity is, you have to
ask yourself: who will teach our children? Who will work in our businesses? Who will staff our
pharmacies? And who will man our volunteer fire departments? And so, I urge you to seriously
consider this, I think it is the right thing to do on a good side for people. I also think it is a smart thing
to do for the economy. And the last thing I want to say, is I have heard from certain people who are
opposed and they say this can happen, and that can happen, you don't not enact a law because certain
people might not follow it. We have laws against murder, we have laws against robbery, we have laws
against assault, people still do it but that doesn't mean that those laws shouldn't be there. So I urge the
Town Board to give this serious consideration. Thank-you for your time.
SUPERVISOR HORTON: Thank-you. Are there any other comments from the floor?
DOUG COOPER: Doug Cooper, Mattituck. I applaud the Board for going in this direction, I think
that you are taking a wise step and I echo the words spoken before me. They said it much better than I
can. I think you guys are on track, thank-you.
SUPERVISOR HORTON.' Thank-you, Mr. Cooper.
COUNCILMAN ROMANELLI: Doug, that means a lot coming from you.
JAY APPLEGATE: Thank-you. Jay Applegate from Southold. First my comments as head of the
Supervisor's Affordable Housing Committee. I just wanted to point out that at a prior heating on these
topics, I did make comments which are in support of the changes and I don't need to go through all of
the comments because they are on the record in the same but needless to the Committee reviewed the
changes, consulted with counsel for some clarification, spoke to the Assessors Office, spoke to the
Building Department, spoke to various lending organizations, came up with a pamphlet for those
people who are interested in creating accessory apartments, as to how to go about doing it because the
Committee felt very strongly that this was the right thing to do. I would also point to the December 6
recommendations that the Committee made to the Supervisor and subsequently reviewed with the
March 11, 2003 10
Public Hearing-General Business
Town Board in a work session later in December, which also as part of our more comprehensive
recommendations did endorse these changes. And I also, if I may, point to the map which is on the
bulletin board here, probably easier for the audience to see than the Town Board and perhaps some
people would like to examine it more closely. The HB and B zones, I realize this is only for one but
for purposes of discussion are outlined there and as you can see, represent a very small portion of
Southold Town in its entirety and secondly, if I may, given this is the General Business hearing, read
that the defmition of General Business says "designated to accommodate uses that benefit from large
numbers of motorists and that may involve characteristics such as heavy trucking and noise" we are
clearly not talking about prime residential Sonthold real estate and shnilarly for the other designation
for the subsequent heating. Lastly, if I may take off my Committee hat and put on my personal hat
because I can't speak for the Committee in light of things that have happened since the Committee
made its recommendation and report. But it is clear that with the Town Boards consideration of the
open spaces in Town and the future of development, the moratorium on subdivisions, those are parts of
the Town that are dramatically different then what this legislation is addressed at. These are already
developed, relatively dense and populated parts of Town that are not residential and the other
considerations of the Board are clearly for persons of Town that have very different characteristics.
Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Applegate. Are there other comments from the floor?
JOHN BARNES: John Barnes, my wife and I nm Shorecrest Bed and Breakfast on Route 48 and I am
the President of the Chamber of Commerce but I want to point out that I am not speaking for the
Chambers since the Chamber Board has not had a chance to review and discuss this, I am just speaking
fi~om my personal point of view. First, I want to compliment the Board as a former Superintendent of
Schools, I know what it takes to go through all of this stuff and for you taking the time and effort to
understand it all is to be applauded. It certainly appears to me to be a good thing and in general would
support it. I have two questions, just because I haven't had as much of a chance to think about it as
much as you have, on 12 it says one-family detached dwelling: if a dwelling happened to be attached
to a business, is that not considered?
COUNCILMAN ROMANELLI: It is.
MR. BARNES: It has to be detached?
COUNCILMAN ROMANELLI: No, I think it could be detached or attached.
MR. BARNES: Okay, I would just think there might be small businesses that have an attached
dwelling as well as a detached one.
SUPERVISOR HORTON: If it is an attached, it would follow the...it would be an apartment.
Detached is a one-family dwelling.
MR. BARNES: Now, I am thinking of an apartment over a business, for example.
SUPERVISOR HORTON: That is covered by this legislation.
March 11, 2003 1 l
Public Heating-General Business
MR. BARNES: It would be covered.
SUPERVISOR HORTON: Yes.
MR. BARNES: And a two-family dwelling, it says the dwelling must be occupied by the owner of the
property, in general, I am very supported of things being owner occupied particularly if there are 4, 5
or 6 units but if the owner is on the property running his business or her business, is there any reason
why they would have to be in one of those two houses? Or does it cover it because they are in the
business on the property?
COUNCILMAN ROMANELLI: Well, we talked back and forth on this a while ago and we were
working on this, on this law and I think that the general feeling was that if the owner was, the owner of
the business was on the property, that was in essence, the feeling that it was owner occupied. Owner
presence.
MR. BARNES: Thank-you. In that case, I am very much in favor of it, we need more affordable
housing for the people in the area, we need to take any steps that can help small business be more
effectively covering their costs these days and we need to simplify the codes whenever possible to
support those two ends. I urge the Board to support this. Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Barnes. Ms. Hussie.
ALICE HUSSIE: Alice Hussie, Southold. Are you taking credit for authorship, John?
COUNCILMAN ROMANELLI: It all depends on what you are going to say, Alice.
MS. HUSSIE: Well, first o£ all, I have got to say a couple of good things in general and that is, I think
this is a good idea and to kind of just go into open space and that sort of thing, you know, when we
centralize the population and the growth, which we could do by doing this because most of the
businesses are in hamlets, we protect the other space-the open space. And slow down build-out. Some
mention has been made about people who work in town, I guess I am in the group that no longer is
working, however, for the older people in town; there is a need for them to have someplace to live, too.
We have big houses, not everyone wants to go into Peconic Landing or can afford to live over there
and these other places or even want to leave because your friends and all your occupations and all yottr
hobbies and things would be here. So apartments would be helpful to those people, too, so let's not
forget them. Now, it is time to pick nits. My notes are on the liB but it applies to the same thing, it is
the last part where you are talking about apartments permitted within principal structure use, it is all of
those underlined things, it would be C #2, you are talking about principal structures. It says apartments
are permitted within the principal structure only. What is a principal structure?
TOWN ATTORNEY YAKABOSKI: It is not the accessory structure, the main structure en the
premise.
MS. HUSSIE: The thing is, the problem is, as Mr. Barnes brought out, a lot of this stuffyou assume
that we ali know and everybody else after you is going to know, I am not so sure about that. Principal
structure is not defined in our code. Principal use is. Principal structure is not. Then we get to #1
March 11, 2003 12
Public Heating-General Business
under that thing and it says: these are the things that you need. Building Department issues an
accessory apartment permit. So, not knowing what that was, I called the Building Department and I
said what is that? And they said, well, we don't really know, you have to go first to the ZBA and the
ZBA will say yes or no, you can have an apartment or you can't and then they will send the paperwork
back to us. But I read sections A and B in this and it says that you don't have to go to the ZBA.
COUNCILMAN ROMANELLI: In a Residential zun'mg you have to go to the ZBA, in this zone you
won't have to go to the ZBA. A Building Department permit would be a permit that meets all the New
York State building codes, egress, window sizes, smoke alarms, any other State code that needs to be
met for inhabited space.
SUPERVISOR HORTON: I third~ you have a really valid point, I think I hear clearly what you are
saying and I think that what we need to do and it is something that we start working on, I started
working on with the Chief of the Building Department and that is what is the exact process for these
two zones and how do you get from A to B without getting bounced around from department to
deparm~ent. And that is something that we can address internally.
MS. HUSSIE: Right, we don't need more layers of red tape.
SUPERVISOR HORTON: Which is what this code essentially was trying to address. Cut down on
the amount of red tape involved. So your point is well taken and we will make sure that the Building
Department is in synch with us on this.
MS. HUSSI~E: I noticed that this is not listed on the agenda for a resolution. This is not going to be
voted on today?
SUPERVISOR HORTON: No, it will not be voted on tonight.
MS. HUSSIE: Okay, so hopefully you will make that change. Thank-you.
SUPERVISOR HORTON: Would anybody else care to address the Board?
ART TI~LLMAN: Art Tillman, Mattituck. This probably follows along with the two preceding
speakers but I am not clear on this and if we could give an exact example. For example, if the owner
of the Love Lane Market decided that he wanted to put accessory aparmaents above the structure and
assuming the structure is sound and can hold that, is that permissible.
SUPERVISOR HORTON: Yes, that would be, it fails within the HB zone. That would be permissible
under the Town Code and there would be other permits that would have to be....or building and safety
permits, as well as other agencies that would have to be dealt with.
MR. TILLMAN: Okay. Assuming, let's say, that it could accommodate four apartments. Would that
be okay?
SUPERVISOR HORTON: Yes, actually I believe up to three and there would also be Health
Deparl:ment approval involved with this.
March 11, 2003 13
Pubhc Heating-General Business
MR. TILLMAN: Is there anyreason for three as opposed to four?
COUNCIJ~MAN ROMANELLI: The thought process on that was, we were trying to keep, we didn't
want the businesses in HB districts to become overrun and turn into a residential district. We still
wanted to keep the integrity ora business district.
MR. TILLMAN: I see. Would there be, inclusive in this, some technicality for provisions that
elevators would be necessary for the handicapped?
COUNCILMAN ROMANELLI: Again, those are some of the, as Josh mentioned, some of the other
regulations that you might have to meet.
SUPERVISOR HORTON: That would be addressed actually, by the Building Department and the
building code.
MR. TILLMAN: Okay. I see some potential danger in that particular aspect of it. I have a
handicapped wife so I am certainly sympathetic to this whole situation. But sometimes it gets a little
bit ludicrous. For example, in the renovation of what is now Connie's Bakery, that application was
held up for a period because I assume the Building Department wanted them to put in an elevator to go
down to the basement, just in case there was a handicapped worker who had to get down there. And,
you know, come on.
SUPERVISOR HORTON: Well, the Building Department works within the strict confines of the New
York State Building code. So, that has to be understood, as well.
MR. TILLMAN: Well, in the writing of this law and the idea, I guess, is that you want to expedite
tiffs...
COUNCILMAN ROMANELLI: But we still can't supersede the State Building code.
MR. TILLMAN: That is the State Building code.
COUNCILMAN ROMANELLI: Right.
MR. TILLMAN: Okay. Well, other than those comments, I think you are doing a great job and well-
done.
SUPERVISOR HORTON: Are there other comments from the floor on this public hearing?
JOAN EGAN: Good Evening again. A very quick one. Amazing Grace. I notice in all of these
things that Mr. Wickham says that we put it in the paper. I think that we addressed this issue, that
these public things should be put in two newspapers and are we doing that? In other words, it should
be, you seem to like to use the Suffolk Times and it should be in another local paper, okay? See that it
gets done and that in future meetings, you will say that you are putting it in two newspapers. Right,
Mr. Wickham?
March 11, 2003 14
Public Heating-General Business
SUPERVISOR HORTON: Mrs. Egan, we will publish it in the official newspaper of the Town.
TOM MCCARTHY: Tom McCarthy, Southold. I want to reiterate what the other speakers said. I
want to commend the Board for working on this code, I think it is a vm-y positive change to the Town
Code. And just to comment perhaps, Art's comment before, I think you have made a distinction ~vith
the change this time around, that these apartments do not have to be on the second floor where the
previous code said that they had to be on the second floor, so tiffs will allow apartments on the first
floor which may solve some of those handicapped issues. The issue of a principal building, I am sure
that is going to be some sort of middle ground unless we define it a little bit further and I feel a
complex, such as Feather Hill may have 10 principal buildings, or is there one principal and several
accessory and I tlYmk that is something that maybe you can work towards..
COUNCILMAN ROMANELLI: Good point.
MR. MCCARTHY: Because that, in my opinion, is a project where apartments would have benefited
the downtown community and if it is done in a campus style like that, there could be multiple buildings
with apartments within those buildings. The other comments that the Town, I think, is embracing here,
I th'ink you are embracing the US-UK study which is gathering the concentration of population in the
downtown, it is also moving towards the principals of smart growth with/n our community and I think
that we have some people in town that aren't going to just be apartment dwellers by the fact that they
can't afford a house, I think that there are many people in the community that would be apartment
dwellers by choice, that don't necessarily want to have a house and it is not just a financial
consideration. And the last point that I would like to bring up, perhaps something as this gets a little
bit further defined within the site plan process that is there, could there be any conversation about
creating a separate building on a commercial site, if it tended to lay out better? You know, within the
site plan process. If you could take whatever density you were allowed with the apartments and
perhaps put it in a separate building on the site, if it happened to lay out better and maybe make that be
something that could be developed through the site plan process whereas maybe you are not taking the
frontage and the frontage stays commercial or if you had a historic building and you are entitled to
apartments and you don't necessarily want to cut up that historic building but you might want to put up
an accessory building and have a couple of apartments, I think maybe there should be some latitude
created within the code to address some of those other situations where those people may have those
buildings can have the same rights as the others without necessarily sacrificing some of our historic
structures. That is all I have. Thank-you.
SUPERVISOR HORTON: Are there other comments from the floor? Mr. Nickles.
JOHN NICKLES, JR.: John Nickles, Jr., Southold. Southold has been spending a great deal of time
planning and preserving all of the green in between, I think is a comment that a lot of us are familiar
with better. Our farmland, our open spaces. As we understand it, our planners and lawmakers in the
past, have talked about focusing future development in and around the hamlets. And that has been an
idea that has been talked about, I think it has been recommended by some of the studies and it is
referred to. If this is true, then there is still much more to be done. The time has come to for the Town
to discuss with its citizens how we can plan for the higher density living where it is where the Town
wants it, wherever that is. If it is around the hamlets, let's talk about where that is supposed to be. If it
is somewhere else, let's discuss that. But so far, what we are talking about is, where is the density not
March 11, 2003
Public Hearing-General Business
15
going to be. And that is kind of like half of the discussion. Unless the whole point is, to have no
density anywhere. I think that some of the things that should be considered are the comments that
came and the recommendations that came out of the Affordable Housing Committee, the Community
Land Trust is a great idea. I don't know what the Town's involvement can be in that but whatever they
can do to foster that would be helpful. I think that a lot of it is going to have to be done by people in
the Community and that is the idea. I think that that is a great idea. In the past, properties have been
changed that were hamlet density, that were changed to R-80 or R-40, I thought that was a mistake. I
thought that the Town had done its Master Plan in the 80's and they had decided after a scoping
sessions and Town meetings and just months of work, if not longer, that certaIn properties should have
hamlet density zoning. As a result of the Rotue 48 study, some of those properties were changed.
Some of the other ideas are: the program that you have that you put in front of us today, I think that is
great but one of the other things that came out of the Affordable Housing Committee was that we
should be looking at the existing programs and trying to make them work better and I think that the
Town really has to spend a lot of time on that to make sure that when there is going to be some kind of
affordable housing or entry level housing project or house built somewhere, that it does, it stays
effective and it doesn't change. The town has been facing a labor shortage in all areas of the business
community. The price of housing has been increasing at a much faster rate than most of the local
people's incomes. And I see that in my business as a real estate broker, unfortunately. That is the
case, something that we don't really have a lot of control over as far as people's income but if people
can't afford to live here, then how can they expect to work and run a business here. We believe that
this will cause a dramatic change in the rural character in our town. I have been alarmed about the
Town's lack of focus upon this issue. While they have been viewing other zoning measures that are
going to make matters worse, make things less affordable. If we want Sonthold to maintain the small
town feeling, we have to think of preservation in terms of people, not just the environment. And I
would much prefer if the Town started doing that. I don't believe that it has, thus far. The Town
Board has an opportunity with this law to take a step forward and help make apartments more available
in the hamlets of Southold Town. The Town should focus more on keeping our work force and seniors
instead of only looking at ways of keeping people out of our town. The business community is in
favor of this proposal for accessory apartments in the business districts. I think that it is a good start.
Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Nickles. Are there other comments from the floor on this
public hearing? (No response) Before we close this hearing and move into the next hearing, I will just
say that there were a few points that were brought up. One that I heard mentioned a few times was the
Community Land Trust and what is the Town's involvement. We have taken a pro-active lead on this,
Karen McLaughlin at our Human Resource Center is spearheading the Steering Committee for
Community Land Trust and as pointed out by other members that are in this room, it is a community
effort and I think the long term availability for housing for modest, for people of modest means even
mid-range incomes in the community, is going to take a community effort. So that the CLT concept
was brought to Southold Town, we have embraced it thus far and it is being reviewed and as I said,
spearheaded at the Human Resource Center with Karen McLanghlin, so I think that is a very positive
step. We spoke about apartments, can they be created? And what are some of the other stipulations
surrounding them. There has been a lot of discussion about the Suffolk County Deparauent of Health
and some barriers or impediments that may be, as far as approving properties for accessory apartments
in areas without public sewer districts or public sewers. I have been working with the Department of
Health as well as other Supervisors of the East End and this Town Board has embraced these
March 11, 2003 16
Public Heating-General Business
discussions as wei1. And a couple of things have come from that and they are in the formative stages
but I think that they will address some of the concerns to make this law, actually not just a law but we
will, the possibihty of realizing some actual apartment dwellings, rental units in the Business and
Hamlet Business Districts. And one is the idea of using County funds and County resources for
enhancing current cesspool and sewage outlets on properties. I am working with the Health
Department to actually upgrade those systems that will allow apartments to actually be created. I have
opened the door to those discussions and members of the County have thus far been receptive to that.
The other is the possibility for transferring development rights off of open space and if the Town is to
create that which we have the ability to create that program. If the Town does that, we can actually
funnel development rights towards these particular areas and if utilized for the creation of apartments,
we can them mandate an affordability clause on that, which I think will not only add to apartment stock
but as well, add to the issue of affordability. There is also a lot of movement from the private sect, I
have had several phone calls and there is movement in the private sect to actually devote private
fimding for Iow interest loans for people for business property owners that would like to create
apartments on their property. So this isn't just coming from the Town Board, there is actually
movement afoot in the private sect to dedicate funds at low interest loans for the creation of these
apartments. So really this is being approached broadly, I would say and recognized community wide.
So those are some of the other points that I wanted to get out and take the opportunity at this public
heating to do so. So we will close this public hearing and move on to the next.
Southold Town Clerk