HomeMy WebLinkAboutZone Ord. Amend #50ALBERT W. RIOHMC]ND
TOWN OLERK
REGISTRA~ OF VITAL []TATISTIOS
OF EF~K
SOUTHOLD, L. I., N. Y.
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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.