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HomeMy WebLinkAboutZone Ord. Amend #50ALBERT W. RIOHMC]ND TOWN OLERK REGISTRA~ OF VITAL []TATISTIOS OF EF~K SOUTHOLD, L. I., N. Y. ~~. ~,~z~..., '7 mmml mm mm ~m JUDITH T. BOKEN Notary PuHc, State cf Now York Amendments to the Building Re: Ordinance - Adopted March 29, 1962 Dear Sir: Town of Southold This will acknowledge receipt of notification of the above memtioned amendment of a zoning ordin- ance which was received by mail on April 2, 1962 pursuant to the reqairements of Section 130~ of the Suffolk County Charter. Ve~ t~uly yours, Charles G. Ling Sr. Asst. Civil Engineer LEGAUNOTICE NOTICE OF AM~ND~ -. AMENDMENT NO50 NOTICE IS ~Y after a ~ub~ the re~uire~en~ of '~, ~ ~n~ ZeneMap) ~ the Town ~ ~ut~Suf- fo~ Coufity, amend~ at a r~~d mee~'~i the ~uthold Town ~rd 29, i9~, as.:f~~: 1. BY amen~ the ~ih~d To~ Buildi~ ~de-~man~ ~ f~s; I. By ame~~ ,~on ~, follows: '~- A~~ry buildi~s, .inclUd~g one (1) p~vate ~ga~e, ~hen. such a~~~ b~~s' the rear ya~;.'or a .~~ ~rage Within~ ~..~t~~-'to. t~~g· ti~ ~, .~~~on .~. ~. ~~d ~. ~ a~ theh~h~ ~t 3.-~j~t ~nd't~e ~e of r~f. ~. ~ ~en~ ~icle ~, ~c- . ~~~~" , COUNTY OF SUFFOLK STATE OF NEW YORK Walter B. Gagen, being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER- MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Troveler-Mattituck Watch- man once each week for ...~~~-.,q.-....~.'.~..~ wee~s/ successively, commencing on the .............. .~2. .................... of ...... ..... /~/ Sworn to before me this ...... ~ ............. day of Notary Public ADELE PAYNt~ Notary Public. State of I~ew -No. 52.3041000, Suffolk County Commissien Expires March 30~ N~TICE IS NOTICE OF OF ZONING ;tMENDMENT ORDINANCE AMENDMENT NO. 5 0 pursuant to the requirements (including the Building Zone HEREBY GIVEN, that after a of law, the Map) of the public hearing held Building Zone Ordinance Town o f Southol d, Suffolk County, New York, was duly of the Southold Town Board held on amended at a recessed meeting March 29, 1962, as follows: 1. By amending the $outhold as follows: Town Building Zone Ordinance I. By amending Article III, Section 300, Subdivision 7 to read as follows: 7 Accessory buildings, including one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. II. By amending Article Section 408 ,. subdivision (b), subsection 2to read as follows: 2. Exceed in width one hundred ( 00) percent of the horizontal me a s ur emen t of such wall. Iii. By amending Article IV,. Section 408, by inserting therein a new subdiv is ion to be s ubdiv is ion (c) to read as follows.. (c) ROOF SIGNS In lieu of a wall s ign authorized by the preceding subdiv is ion (b), a roof sign shall be permitted provided that the same is attached to or incorporated in a roof, which sign shall advertise only the i.Page DATED~ as 2 - Legal Notice business con duc ted in the building upon which it is attached, and provided that such sign does not: Exceed two (2) square feet ~n total area for each lineal foot of such roof, and 2~ Extend above the highest point of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet s~x (6) inches ~n height above the highest point of the roof, and 3. Project beyond the edge of too f. IV. By amending Article VII, Section 705, to read follows: SECTION 705 - For each Application or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars (Ss. 00) accompanying the Application or Appeal. March 2 9, ~1962. BY ORDER OF THE SOUTHoLD TOWN BOARD ALBERT W. RICHMoND, TOWN CLERK PLEASE PUBLISH ONCE , APRIL AFFIDAVITS OF PUBLICATION 5, 1962, AND FORWARD FOUR (4) IMMED/ATELY TO THE TOW~ CLERK, $OUTHoLD. March 30~ 1962 County of Suffolk Department of Planning Veterans Memorial H~ghway Hauplma, uge, New York Gentlemen ~ At a March 29, amendment adopted: recessed meet/rig of the $outhold Town Board held on 1962, the following resolution pertaining to the of the Southold Town Building Zone Ordinance was "Moved by Demarest: Justice Tuthill, seconded by Councilman "WHEREAS to amend Southold, the Town Board on its own motion proposed the Building Zone Ordinance of the Town of Suffolk County, New York, and "WHEREAS, the said Planning Board for report and resolution was referred to its offlctal recommendation the and "WHEREAS, the Town Board pursuant to due notice there- of held a hearing thereon on March 27, 1962, at which time all interested persons were given an opportunity to be heard, "NO~ THEREFORE, BE IT RESOLVED: That the Ordinance of the Town of Southold, Suffolk York be amended as follows: To wit:- Building Zone County, New Page 2 Suffolk County Department of Planning "1o Ordinance By amending the as follows: Southold Town Building Zone "I. division By amending 7 to read as Article III, Section 300, Sub- follows: "7 - Accessory buildings, including one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. "II. divis ion By amending Article IV, Section 408, Sub- (b), subsection 2 to read as follows: "2. Exceed in width one hundred (100) percent of the horizontal measurement of such wall. "III. By amending inserting therein a new (c) to read as foll~s: Article IV, subdiv is ion Section 408, by to be subdivision "(c) ROOF SIGNS - In lieu of a wall sign authorized by the preceding subdivisx.n (b), ' O a roof sign shall be permitted provided that the same is attached to or incorporated in a roof, which sign shall advertise only the business conducted in the building upon which it is attached, and provided that such sign does not: area "1. Exceed two (2) square feet in total for each lineal foot of such roof, and "2. Extend above the highest point of the roof in the case of a-,~.,pitched roof, and in all other cases exceed two (2) feet six (6) inches in height above the highest point of the roof and ' "3. Project beyond the edge of the roof. Page 3 Suffolk County Department of Planning as follows: By amending Article VII, Section 705, to read "SECTION 705 - For each &pPlicatlun or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the Application orAppeal. "BE IT FUR THE R RE SOLVED: hereby is. authorized and said amendment That the directed "Vote of Justices Town Clerk be and he to cause notices of to be posted and published pursuant to law. the Town Board: Ayes:- Supervisor Albertson, Tuthill and Clark, Councilmen Demarest and Grathwohl. Very truly yours, Albert W. Richmond Town Clerk PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD March 27, 1962 Pre s e n t : LESTER M. ALBERTSON, Supervisor RALPH W. TUTHILL, Justice of the Peace LOUIS DEMAREST, Councilman CORWIN GRATHWOHL, Councilman ALBERT W. RICHMOND, Town Clerk AMENDMENTS TO THE BUILDING ZONE ORDINANCE SUPERVISOR ALBERTSON: It is now 7:30 P.M. and I will call this meeting to order and read the legal notice of the hearing. "NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE. Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 27th day of March, 1962 at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. "1. By amending the Southold Town Building Zone Ordinance as follows: "I. By amending Article III, Section 300 by inserting therein a new subdivision to be subdivision iA to read as follows: "lA - Two (2) family dwellings, when authorized as a special exception by the Board of Appeals as hereinafter provided. "II. By amending Article III, Section 300, Subdivision 7 to read as follows: "7 - Accessory buildings, including one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. "III. By amending Article IV, Section 408, subdivision (b), sub- section 2 to read as follows: "2. Exceed in width one hundred (100) percent of the horizontal measurement of such wall. "IV. By amending Article IV, Section 408, by inserting therein a new subdivision to be subdivision (c) to read as follows: "(c) ROOF SIGNS - in lieu of a wall sign authorized by the preceding subdivision (b), a roof sign shall be permitted provided that the same is attached to or incorporated in a roof, which sign shall advertise only the business conducted in the building upon which it is attached, and provided that such sign does not: "1. Exceed two (2) square feet in total area for each lineal foot of such roof, and "2° Extend above the highest point of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet six (6) inches in height above the highest point of the roof, and "3. Project beyond the edge of the roof. "V. By amending Article VII, Section 705, to read as follows: "SECTION 705 - For each Application or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the Application or Appeal. "Any person desiring to be heard on the proposed amendments should appear at the tim~ and place above specified. "Dated: March 13, 1962, By Order of the Southold Town Board, Albert Wo Richmond, Town Clerk." SUPERVISOR ALBERTSON: I have here an affidavit from the printer. "COUNTY OF SUFFOLK) STATE OF NEW YORK)ss: "Walter B. Gagen, being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER-MATTITUCK 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 Long Island Traveler- Mattituck Watchman once each week for one (1) we~ksuccessively, commencing on the 15th day of Mar., 1962. /s/ Walter B. Gagen. "Sworn to before me this 16th day of March 1962. /s/ Adele Payne~ Notary Public." SUPERVISOR ALBERTSON: I Will now read the report of the Southold Town Planning Board. "Report to: Southold Town Board Southold, New York March 8, 1962 "Gentlemen: "This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held March 7, 1962: "In the matter of the desire of the Southold Town Board to amend the Southold Town Building Zone Ordinance, as follows:" SUPERVISOR ALBERTSON: And there follows the proposed amendments I just read. I will continue from there. "It was RESOLVED that the Planning Board recommend to the Town Board all of the proposed amendments as cited in the resolution of the Town Board dated March 6, 1962. "The Planning Board feels that these proposed amendments to the Building Zone Ordinance are in the best interests of the Town of Southold." "Respectfully submitted, /s/ John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: A good many of you here have been to hearings prior to now and if there are any who have not attended a meeting, a hear- ing is for the purpose of hearing how you people feel about these changes, whether you are in favor of or opposed to, with your reasons. If there is any lengthy discussion it is asked that you bring it up after the hearing is closed, for the reason this must be taken verbatim. Mrs. Boken is taking it and it gets arduous if it is at some length. You will each be given an opportunity to be heard. All those who wish to speak in opposition to the changes as set forth in the notice will now be heard. STANLEY S. CORWIN, ESQ., Greenport, New York: I am sure all of you recognize that the Zoning Ordinance is a very complicated and technical law and I notice a great many people did not get to their feet when you asked for opposition. If you would, in your own words, explain briefly what the Ordinance and amendments are intended to do. It would help us to direct our comments before the Board this evening. SUPERVISOR ALBERTSON: I will take each item separately. I. By amending Article III, Section 300 of said ordinance by inserting therein a new subdivision to be subdivision lA to read as follows: lA - Two (2) family dwellings, when authorized as a special excepti~ by the Board of Appeals as hereinafter provided° At present you cannot have a two family dwelling in the residential area. A great many areas have large homes that eventually will wind up with widows in a big home and much too costly for her to maintain, and some of her family might like to move in with her and have a separate apartment. Under the existing Ordinance it is not possible. This would also allow buildings to be built, and this we do not feel is in the best interests of the Town but you cannot say you cannot have a new building but can have an old one. People can now go to the Board of Appeals. MR. CHARLES DOUGHERTY, Southold, New York: You say this amendment is for existing buildings? SUPERVISOR ALBERTSON: The intention is for existing buildings but we may not write it just for existing houses, it is for everything. IRVING L. PRICE, JR., ESQ., Greenport, New York: I speak in opposition to this amendment as a resident of the Village of Greenport and also as a title owner of premises outside of the Village of Greenport in the unincorporated village of East Marion. I am grateful to the Supervisor for the explanation for the necessity of this change and am glad you pointed out that under the proposed addition of two family houses as a permitted use in the residential area are granted as an exception by the Board of Appeals and is meant to take care of the poor widow who has family who is willing to come in and make an apartment. One of the glaring wrongs is the fact that now one, two, three, as many as can be jammed on a piece of property will be building two family houses. I wonder if the Town Board understands fully what they are doing if they enact this innocent looking amendment. There is no absolute necessity for this. There is a Multiple Residence zone district which permits two family houses and if an area becomes run down enough for two family houses the solution would be to change the zone to Multiple Residence. This is also permitted in the Business District. I believe that was shown in the pattern of the Town Board and Planning Board when the Ordinance was adopted. Two family houses were not proper in "A", only one family houses. As a technical defect I would like to point out where you do permit two family houses in the Multiple Residence District you require off-street parking of at least room for one car for each family and you do not have any requirement in the proposed amendment. In the residential area it should be more restricted and you now want to permit two family houses without off-street parking which you require in the Multiple Residence zone. Mr. Corwin has stated that zoning is technical and I imagine to the layman a little bit boring. I find it so. It has to be brought out that it is self-evident that two family houses in close proximity in a one family area would only lead to down-grading of that area. Two family houses are usually inhabited by people with more children then those with one family residences and require more services, such as schools, etc., and there is no more assessment. They have a definite economic advantage. This amendment proposes two family houses, new or old, in the Residential district where only one family houses are permitted with the exception of a variance. This amendment is also not permitted because anyone with a one family house and can show uncommon difficulty and economic hardship in the fact it is a one family house can apply to the Zoning Board of Appeals for a variance and can, I am sure, get a variance. Section 801-C covers this. It states on page 5 of the Ordinance the conditions that must be met. It provides the Board of Appeals will grant an exception for one or two family use. There are 26 things the Board of Appeals has to find. I believe if each of you gentlemen will read those items you will find that there is really no restriction at all on the Board of Appeals for granting the exception and it is really meant to. That is a safety valve for an unusual use. When the Planning Board has not provided for that it provides some little control over it. Courts have held that in effect the granting of an exception is the duty of the Board of Appeals when the conditions are met. There is a separation between variances and exceptions. Variance is judicial. The Board of Appeals decides if there is a hardship. Whereas in exceptions all they have to do is decide whether the conditions are met and when you read the conditions there is nothing to stop them. I know you are all aware that once you do grant an exception some- thing is apt to snowball. If you grant exceptions as a matter of course there are going to be more and more people wanting to chop up one family houses to make two family houses. I am not naive. I know that someone wants a change and you make the change by amending a section of the Ordinance. there has been nobody here in favor of this change. I am the only one so far opposed to it. I believe this is one of these little sleepers that once it is in there it is going to raise opposition and people with one family houses will soon discover two family houses popping up next door to them . I was attorney for a case of three neighbors on a street, all nice one family houses. Somebody from out of Town came in and bought one of these nice one family houses and applied for a building permit for two families. All of the neighborheod objected. The Board of Appeals nevertheless granted a variance and we appeared and pointed out that they showed no hardship. Everyone else had one family houses and these people did not have to buy the house. The Board of Appeals however held there was a hardship. We took the case to the Supreme Court and the Supreme Court agreed with the Board of Appeals, and so at some expense we went to the Appellate Division with the argument there was no hardship and the Appellate Division agreed with us and all prior decisions were reversed. But under this exception that person is going to have his two family house . My conjecture is, and I hope it is not right, that some- one is using an elephant gun to catch a mouse. I think this is aimed at the case I am speaking of and I think the Town Board is involved, knowingly or unknowingly where the people do not want to get it reversed. Thank you. SUPERVISOR ALBERTSON: Does anyone else wish to speak in opposition to this section? (Therewas no response.) SUPERVISOR ALBERTSON: Does anyone wish to speak in favor of this particular paragraph? (There was no response.) SUPERVISOR ALBERTSON: Number II is by amending Article III, Section 300, Subdivision 7 to read as follows: 7 - Accessory buildings, including one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. Subdivision 7 now reads: "7 - Accessory buildings, including one (1) private garage, when located not less than fifty (50) feet from the front lot line or a private garage within or attached to the dwelling." The reason for this is that in many areas the existing garage 10 line is within a few feet of the road, especially where houses face on the Bay. If we made these people put their garages 50 feet from the line they would be right in front of their houses. We took the 50 ft. out and made it allowable in the rear yard. Does anyone have any questions? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone who wishes to say anything one way or another? (There was no respone.) SUPERVISOR ALBERTSON: Number III is by amending Article IV, Section 408, subdivision (b), subsection 2 to read as follows: "2. exceed in width one hundred (100) percent of the horizontal measurement of such wall." Prior to now businesses were allowed to put signs on the front of a building provided they did not exceed 75% of the horizontal measurement of the wall, this allows a sign completely across thefront of a building. Does anyone wish to speak for or against this paragraph? MR. CHARLES DOUGHERTY: This is a personal question. I have a particular building in mind and I can'tget any advertising value from a sign on the front of the building. The windows are lettered and it has been two years I have been asking at the Town Clerk Office what you can do to get a sign up to attract attention. This is an office you do business from and I can't see where this amendment will be of any value. Is there anything further you are going to read that will help me? SUPERVISOR ALBERTSON: Not that I can see. Do you oppose this paragraph? 11 MR. DOUGHERTY: No. SUPERVISOR ALBERTSON: Does anyone else wish to speak on this paragraph? (There was no response.) SUPERVISOR ALBERTSON: Number IV. By amending Article IV, Secti~ 408 by inserting therein a new subdivision to be subdivision (c) to read as follows: (c) ROOF SIGN- In lieu of a wall sign authorized by the preceding subdivision (b), a roof sign shall be permitted provided that the same is attached to or incorporated in a roof, which sign shall advertise only the business conducted in the building upon which it is attached, and provided that such sign does not: 1. Exceed two (2) square feet in total area for each lineal foot of such roof, and 2. Extend above the highest point of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet six (6) inches in height above the highest point of the roof, and 3. Project beyond the edge of the roof." I believe that is self explanatory. It was put in because prior to now we had not allowed roof signs, only signs on the wall of buildings. In many cases there are show windows that go up to the windows of apart- ments above the store and the business cannot have a wall sign. This lets the business have a sign on a pitched roof but provides the sign maynot extend above the peak of the roof and also not beyond the edge of the roof and in the case of a flat roof building it may be 2 ft. 6 in. above the highest point of the roof. MR. ARNOLD LARSEN; Can the sign be horizontal or vertical? SUPERVISOR ALBERTSON: It c~nnot project out beyond the front of 12 a building. STANLEY CORWIN: This would not take care of the situation in a c~osely built up area where possibly one fellow with a roof 15 ft. high has on either side of him a building 20 or 25 ft. high. He is being discriminated against. I realize the Town Board is conducting a hearing and isn't necessarilyexpected to answer questions put to them and we cannot cross examine the Board. We fail to understand why it is since the police powers to enact laws in relation to zoning must be in respect to health, welfare and morals of the Town where this sign ordinance is related. I have never been able to see in what respect the safety, welfare and morals of the people are going to be affected by the Ordinance if you have it or if you wish to change it. SUPERVISOR ALBERTSON: We will not go into that now. MR. CORWIN: Signs on a well traveled highway can be disconserting to drivers and do not please everyone. However, I do not see how this has any relation on the health, welfare and morals. SUPERVISOR ALBERTONS: In effect you are not in favor of any controls on signs in anypart of the Town? MR. CORWIN: I feel very strongly there is a need for certain standards wherein the Board of Appeals can act. I do not think this Board in making rules can take care of all the conditions which exist. SUPERVISOR ALBERTSON: That is why we have a Board of Appeals. Is there anyone else who wishes to speak for or against this paragraph? MR. DOUGHERTY: What about a hanging sign? 13 SUPERVISOR ALBERTSON: Signs overhanging the street or in the street right-of-way are a violation of the State Penal Law. MR. DOUGHERTY: What about existing signs? SUPERVISOR ALBERTSON: They are in violation and have been. That law is 20 or 30 years old. MR. DOUGHERTY: Therefore they are in violation and have to be taken down ? SUPERVISOR ALBERTSON: That is right. MR. DOUGHERTY: Last year the Civic Association went around and took pictures of signs in the Town, does that have any bearing on this set of proposed amendments? SUPERVISOR ALBERTSON: None whatsoever as far as tonights hearing. SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak about this paragraph? (There was no response.) SUPERVISOR ALBERTSON: The last item is number V. by amending Article VII, Section 705 to read as follows: "Section 705- For each Applicakion or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the Application or Appeal." Does anyone wish to speak in opposition to this reduction in fee? (There was no response.) SUPERVISOR ALBERTSON: This completes the changes. who wishes to say anything further? MR. RAYMOND W. TERRY, SR., Southold, New York: garage amendment. Is there anyone In regard to the Will this now make the rear of the lot face on the 14 water rather than the road? SUPERVISOR ALBERTSON: No, not at all. MR. KENNETH SLOCUM, East Marion, New York: I would like to say that I go along with Mr. Irving Price with regard to the~endment on two family houses. I think it is a sleeper and I think there are adequate provisions on hardship cases where people can ask for a variance and get it without the necessity of this amendment. SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak on these changes? (There Was no ~=sponse. ) SUPERVISOR ALBERTSON: Is there anything further either for or against ? (There was no response.) SUPERVISOR ALBERTSON: Hearing none I will close this hearing for the further deliberation of the Board. LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDI1VANCE Pursuant ~ Section 265 of the Town Law and Article IX of the Building ~Zone Ordinance of the Town of South- old, Suffolk County, New,, York, public hearings will be held by the Southold Town Board at the office of the Super- visor, 16 South Street, Greenport, New York, in said town on the 27th day of March, 1962 at 7'30 o'clock in the eve- ning of said day, on the following pro- ~posals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New: York. 1. By amending the Southold Town Building Zone Ordinance as follows- I. By amending Article I~II, Section 300 by inserting therein a new sub- division to be subdivision IA to read as follows' IA--Two (2) family dwellings, w, hen authorized as a special exception by the Board of Appeals as here- inafter provided. II. By amending Article III, Section 300, Subdivision 7 to read as follows- 7~Accessory buildings, including one (1) private garage, when such ac- cessory buildings are located in the rear yard, or a private garage witt~- lin or attached to the dwelling. iIII. By amending Article IV, Section 408, subdivision (b), subsection 2 to read as follows' 2. Exceed in width one hundred (100) percent of the horizonta1 measure-' ment of such wall. IV. By amending Article IV, Section 408, by inserting therein a new sub- division to be subdivision (c) to read as follows' (c) ROOF SIGNS--In lieu of a wall sign authorized by the preceding subdivision (b), a roof sign ghall be permitted provided that the same is attached to or incorporated in a roof, which sign shall adver-~ ! rise only the business conducted in the building upon w, hich it is: attached, and provided that such! sign does not' 1. Exceed two (2) r~uare feet in~ total area for each lineal foot of such roof, and 2. Extend above the highest point of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet. six (6) inches in height above the highest point of the roof, and 3. Project beyond the edge of the' roof. V. By amending Article VII, Section I 705, to read as follows' SECTION 705--For each application! or Appeal to the Board of AppealsI as hereinafter provided, there shall~ be a fee of five do]lars ($5.00) ~ accompanying the Application or Appeal. Any person desiring to be heard on the proposed amendments should ap~ pear at the time and place above specified. DATED' March 13,1962. BY ORDER OF TI-IE SOUTHOLD TOWN BOARD, COUNTY OF SUFFOLK ! STATE OF NEW YORK ss. Walter B. Gagen, being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER- MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for .. .... ..... ~.,'~,~ ....... 6..6.~. weeks successively, commencing on the ....... .~.: .... , ....................... day of .... i~2'.J~.~...¢ ...... 19.. '~?. -.~'- Sworn to before me this ...... ./f..?.-~. ......... day of .......... (.. Notary Public //~ ,!q~ :fy ?:.',: i,.. ~:.~ o~ ?~w York ',;:. 52.3C~'~}, ~:~--:-;uf:oii: County .-~. Commission of the Pursuant Building County, New to L_ aL NOTICE OF HEARING TO AMEND ZONING Section 265 of the Zone Ordinance of York, public Town Board at ON PROPOSAL ORDINANCE Town Law and the Town of hearings will be held the office of Greenport, New York, 1962 at 7:30 o'clock in said in the amend following proposals to Building Zone (including the Suffolk County, New York. the Supervisor, 16 town on the 27th 'evening of said the Building Zone Maps) of the Town Article IX Southold, Suffolk by the Southold South Street, day of March, day, on the Ordinance of Southold, 1. By amending the as follows: Southold Town Building Zone Ordinance I. By amending by inserting therein Article III, Section a new subdivision to division iA to read as follows: 300 be sub- lA- Two (2) family dwellings, as a special exception by the as hereinafter provided. II. By amending Article /II, Subdivis ion 7 to read as follows: 7 Accessory bu il dings, private garage, when such when authorized Board of Appeals Section 300, including one (1) accessory buildings are located in the rear yard, garage within or attached to III. By amending Article IV, (b), in subsection 2 subdivision Exceed or a private th e dwelling. o Section 408, to read width one hundred of the as follows: measurement horizontal (100) percent of such wallo Page 2- Legal Notice IV. By amen ding Article I V, Section 408, by inserting therein a new sUbdivision to be subdivision (c) to read as follows: (¢) ROOF In lieu of a wall sign authorized by the. preceding subdivision (b), a roof sign shall be permitted prov i de d that the same is attached to or incorporated in a roof, which sign shall advertise only 'the business conducted in the building upon which it is attached, and provided that such sign does not: as Any should DATED: lo Exceed two (2) square feet in total area for 2~ each 1 ineal Extend above foot of such the highest roof, and point of the roof in the case of a pitched roof, and. in all other cases exceed two (2) feet six (6) inches in height above the highest point of the roof, and V. · Project beyond the edge of the roof. By amending Article VII, Section 705, to read follows: SECTION 7 05 For each application Or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the application or Appeal. person de s ir in g to be heard on the proposed amendments appear at the time and place above specified. March 13, 1962. BY ORDER OF THE SOUTHoLD TOWN BOARD. ALBERT W. RICHMOND, TOWN CLERK. Page 3 - Legal Notice PLEASE PUBLISH ONCE, i AFFIDAVITS OF PUBLICATION MARCH 15, 1962, IMMEDIATELY TO AND FORWARD FOUR (4) THE TOWN ~~RK, MAIN ROAD, SOUTHOLD, NEW YORK. Copy on mailed to the March 13, 1962. Long Island Traveler-Mattituck Wa tchman $outhold Town Planning Board SOUTHE)LD, L. I., N.Y. PLANNING BOARD MEMBERS Henry M ols~s Report to: Southold Town Board Southold, New York March 8, 1962 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held March 7, 1962: In the matter of the desire of the Southold Town Board to amend the Southold Town Building Zone Ordinance, as follows: I. By amending Article III, Section 300 of said ordinance by inserting therein a new subdivision to be subdivision lA to read as follows: iA - Two (2) family dwellings, when authorized as a special exception by the Board of Appeals as hereinafter provided. II. By amending Article III, Section 300, subdivision 7 to read as follows: 7 - Accessory buildings, including one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. III. By amending Article IV, Section 408, subdivision (b), subsection 2 to read as follows: 2. Exceed in width one hundred (100) percent of the horizontal measurement of such wall. tV. By amending Article IV, Section 408 by inserting therein a new subdivision to be subdivision (c) to read as follows: Page 2 - Report to Southold Town Board (c) ROOF SIGNS - In lieu of a wall sign authorized by the preceding subdivision (b), a roof sign shall be permitted provided that the same is attached to or in- corporated in a roof, which sign shall advertise only the business conducted in the building upon which it is attached, and provided that such sign does not: 1. Exceed two (2) square feet in total area for each lineal foot of such roof, and 2. Extend above the highest point of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet six (6) inches in height above the highest point of the roof, and 3. Project beyond the edge of the roof. V. By amending Article VII, Section 705~ to read as follows: SECTION 705 - For each application or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the Application or Appeal. It was RESOLVED that the Planning Board recommend to the Town Board all of the proposed amendments as cited in the resolution of the Town Board dated March 6, 1962. The Planning Board feels that these proposed amendments to the Building Zone Ordinance are in the best interests of the Town of Southold. Respectfully submitted, John Wickham, Chairman Southold Town Planning Board /jb O FFIT~ER K SOUTHOLD, L. L, N. Y. March 7, 1962. Mr. John Wickham Chairman Planning Board Cutchogue, New York Dear Mr. Wickham; Enclosed herewith is a copy of a resolution passed by the Southold Town Board at a meeting held on the 6th day of March, 1962. You are instructed to prepare an official report thereon pursu- ant to the provisions of Article IX of the Building Zone Ordinance of the Town of Southold. AWR/mr Very truly yo~urs, Albert W. Richmond Town Clerk ~W, ~HEREFORE, BE ~' ~:SOLVED ~mt said ovdk%~nc~ sP~i1 be L By ame~ Article ~ Secti:~n 300 of sa~ ordnance b.~' ~ By ameMtng A~icio ~ S~ti~ ~00. ~vial~ 7 ~o read a~ fo~o~: yard, ~ a p~vat~ gar~ ~ or a~ach~ to th* dw~l~, su~cti~ 2 to read a~ fo~ows: n*w m~i~mim to ~ ~vi{~ (c) to r~ad as follows: (d ~F S~ - ~ ~*u of a ~ll m~n au~ori~md by the prided ~t tM 0ame ~ a~ch~ to or Inco~rated ~ a r~ wl-~ch s~n sl~ll ~r~e ~y ~me bu~eas c~d~cted ~ ~ b~l~ ~ ~b~ch It ~ a~ched, a~ pro~d 1, Exceed t~ (~) sq~re feet ~ total area for each ~al fo~ ~ eu~ r~f, and 2. Extend above the highest point of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet six (6) inches in heighl;h above the ~ighest point of the roof, and 3. Project beyond the edge of ~he roof. V. By amending Article VII, Sect~oP- 705, to read as follows: SECTION 705 - For each applicati(vn or Appeal to thc Board of App®als as hereinafter provided, there shall be a ice of five dollars ($5.00) accompanl~kng the Apphcati(m or Appeal. BE 1T FURTHER RESOLVED, that the Town Clerk be and he hereby ia authorized and directed to transmit a copy of this resolution t~ the Southold Town planning Board together with a writ*en reqtiest inatructing laid pkarming Board to prepare an official report concernin~ the same pursuant to Section 901 of the Building Zone Ordinance of the Town of Southold.