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Zoning Ord. Amend # 96
+~,e effective date of mis or- ~ buu,~v,~ , ,- · · .- ......... the common land dedicated owners; 'and ~nce. and thereafter with an' a and-or width of less than the . meets .all ·other requirement~ of' . (iv) Give to the Homes {uirements of this ordinance, a .. 'the Town Subdivislon ~, Association the right to. borrow - · for' improvements Upon the · ~e family dwelling may ~be Regulations.` . structed thereon with side 5. A Cluster DeveloPment shah 'security of the ·commOn areas; '~:~. · ~! requirements reduced by 25 be. organized as one of the and . -' ' · ~ ' · ~ent, provided that all other fol owln ' . (1) A ' Homes`` '"' (v) Give to it the right_to i~ _/~d reql~irements .are complied.. · AS~°cia~°n aPProved by !the. suspend, memb~.rshiP rlg_h_~_ fo_r_ ~I ........ .. r Federal .HOUsing Administra~;on .. non-payment ut assessmenm .~ ~ 4or .mor age: i~nsurance ~' i' ":.draction Of published rules ~ ..... -. - , ~h~ By amending ArticleV ,,-.'-' )LtgJ ....~'.' ~'~ .... ',~,-~mel~r'i"'~:- 6 Covenants shall be j ;~.. ~, 603, subdivision7:;torei~(i' ~'lannea-um~i~.B~a~.,,~; ~..--.'.~ .... ~,st~bliShed, limiting all lotsl to' and the Town ; ' ' , ws. '" ... ~ne iamb use and all common .... Assocl tion a rove,., oy ' Y · · · " , · e rovidedin Homes a PP. o en s ace uses, No . ,,.~ ,,rking shah b p , - wn. , lands to p P .~reet paved .parking areas the Town Attorney uno To ' structures may be erected 'On ............ ~ ........... ~ ......... 'ich shall orovide for one (1) ,Board; or (3) iAnY~ ' 'such common lands exce ~ as wa _ hundred other arrangements approved OY, ; ._ "-e ....... a ~ee~i~lan~ il i 'nil'king soace, three _ _ .. .... .~.~, .... ., snownonm apprt~v,~_,-.. .: -;",~'~,~'"'~'aU~DMENTs ' ~'dt--~ (3~0) s'ouare feet in area, for the "{'own .~.rn?.,_a_,:~,::~..,~ ~"';. i ' Each deed to each lot. solasnan Ii: .~ . DINANCE each one hundred (103) squ_are ...B.o.a . . __._Y ,. ,~... ~ include'by reference.all recur, dud · TO TOWN OR . ' r th~s :.ordinance. Whenew- - { · ' · · e~'-' resrric- , AMENDMENT NO. 96 feet of sales area or office Boo. ~ . ' ..... is '-to-used ' declarations and otb - · - :_ ___~. ~,,,{1,~ino · · . ' homes Association P.P....- 'l +;n,,~ lincludin~ assessments and. · . area'LIl~/~.UII ~J~.*z ~. ' ' 1 re~ain me -,~ ....... . ,- ,,~,,Tr'~' TO U~'O~V ('.TVE. N TYBv amending Article XIV the Town Board sh. al .-~' ,,-- { the nrovision' for hens for non- .ii;,, l~,.,~, ,o -~,~,~, .......... , ~ -- · ~ ~-~, rich to review and approve u,u ~- . ..... ;'that at a meeting of the T_o~.n by adding a new s.ection/,,t_o_.,,_~. ~les of incorporation and'~' paym_en~_ox such/. . ...... Board of the ToWn of SoUthold, section. 1402 to read as ~oiww~: · ' ;"~'er of said Homes' '8-Tile Homes Association snm~ i~. · held - CTION 1402 - CLUSTER . c. nar~ . · _ . .. . .{ be'perpetual; shall, purchase 'Suffolk County, New York, SE~ . '- · ' and to require. · ................. ....... ~ .... ~ M-" '1973 the DEVELOPMENT - The Planning AsSqc!a!!0n, ~,..~. · ~_:~ed [ - insurance; pay taxes; specify in, ~i ..011 [ne z~,l!.'uixy-,~ ......~.~,.,.--_ ...... ~ : ~ ' ' : ' ' .... er · conditions ueuii~ . · · . · ; T0wn . Board enacted, the Boar_d may .approve Cl_u_st. er whatev in ure that .the in .ltscharter~ .and.by,lawsa~.'..an~nu~_a~l ' · the · evelo taunts for one-familY .nec. essary to s , ,,:_ _.., homeowner-s ~ee; prowslon ~w- .;,~' . following amendments to D P · · · and ur use .ox uu~ u~-..~ .. ' ' ' '- 1 ,~ ...... ,t{,,,~.e~ ~. "tied "The 'detached dwellings in an A. t.e. nt . P_~.._~ .... , .... :.. assessmentsandprov!de~ataI . ,.~, ........... n~ :. ' - · -' al "-' dinance is carneu uu~.. -, ,.-,-.' . "' ' a lien on ".. ' m,{~ai,o Zone Ordinance of the 'Residential and Agncultu.r. .. ......... -'~'--,-,-oval the.[: such charges beco_me.~.. ..... ...... ? ...... , .........,-. ',~:-',--'~, o~,,rdino to-' tile, ~ ,slueratlon w ~,,,, ,~,, '. . t o,~h nronertv in favor ut said :i~ Towno. t~So~,moia,_~m~.xo~ .~vam"Y, '~'.~."~' .... re°uiiementS.'.: .....Town Board sha~, in :part(!, -~.---c~atio,--n,The Association ' New*~york''.'~ together:with.' the proc~.dure and q ' · ' ~ the.Cluster L~evelopment!' Asso ._ _.. . , . ~Ii.~.- ' · ' ne Ma forming' a specified below. The.purpose of reqmre~ ..... ,,_.~ ..... aitions.i:...'~ shah have the right to proceed m ~ Building Zo P-, - . ~ .... ----~ :e fn re, nv' e to mee~ me iuuuw~,~ -. ...... /' _-.-~z.;,~ '-with ~11 necessary · . ~' .............. · . ' ' . · · · ' ' ' .and ia; 'rne num~a r, oo,,,~ ...... the' foreClosure 'I. By amending Arhcle III, flexibility ~.n .th.e .d.eslg~_ .... '"-'-'" be established as an in].'~: legal .action for ........ Saction~ 200B .by repealing 'sub- i development vi lan. a l.n. seca ~. · ~,,,,,, ted non p'ro~i~ ' and enforcement o~. liens, ann ~ · isiOn 14 thereof ' Way.' as to ' promote . -t .ne .~o.st' . corpora, 'atin~ Und~:.)~-.' shall .also have'.the right .to diV , er ' ~-,.. use ut sand. to organization up g '1. ence action' against ~,,~ ;' · 'n Article III,. ' a 'ropriate · · ' ' comm : ..II. By amends g '~ PP '' ' orded land agreement · :~:. Section 300C by adding a new facilitate:the ~.dequa. te. an.d_. · .r,_e_c_~.._,. ;..~,. ~och lot ownel;"i '-mem.-b-e-r f°rthec°.]le.ctiq?'9-f ~-Y-? bdivision thereto to be sub- economical proves,on ut stre.e.r~ '~ ~.~us~,. ,, ..... ~'~'- oWner) ii .-i 'hnpaid assessment' in*any coar~ su s follows" and utilities' and to preserve me. · ia.no a~..y s..ucceeum{~ ._ ; __~.!! of competent jurisdiction. " div_lslo, n. 7.to re.a~ a ......~ .... ,,,,,al and scenic'qualities ut automaficauy' a .m. em..,oeri,_anu~: . 9. Th~'dg'~eloper'sha.l! assUme 7. Yaro. sales, amc ~a,=o, .... -.--- -' - each lotS automaficau suolec nsibilities aS 'r~' -'." - -~ ' · ~ ' · ace . s Y '.. all re p viously. garage sales, auchon_ sales or open ~ .. · · -- o a char~,e for a proporhonat~ ~ .. ~ .... ,.'~ u,,'--',~o ~,.- · '-; -- onal ' Tim maximum number of t o ouuineu wr mc .-,, ..... ~. s~milar type sales of pets .1.. . ' are of the expenses /or the . · (a) -liIot more ihan on ' g' ' · area an - and acce table assurance sh' ". ' val ' n an lot 20 ercent of said , d ... p . .. . .a~.....: 10 Prior to Site Plan appro sale shall be conducted o y . ' .P. ......... :_:.., ~ ,,ercent·, be given that it automat,caHy ~.' ,~.~'~,,,,o~ar~r 'shall file with the ii · · ear · dividing ~ne reiuaaima~ o~, p . ~' ' ble ~'~ '~' .... r ........ m any one calendar y be so laced within a reasona ' (b)" Adequate sup~'rviged of the area by 40,030 square feet. - P ' ' ~-.'. Town Board a performance bond · -.- Utin' 'the period of time. · · · f cilitles shall .be (a) In c,o__m_p~, ,~,~ ~hnt ' ' (C) EaChlot. owner shah hazel..; to insure the proper 'installation parking a · 'um numoer w ,o~ -.-~ - · · · : of aL required improvements,~.i provided. _ __ Z~vX~created, anylandswhich . e. qUal .v. oting,r_l,g_h,t,s,..~.n.~ t~i.~ andamaintenancebondtoinsure'~i~:; ' (c) No signs, except one. on- ~--,--'-.~-. ~ noodina or which Association ano snau nav~ premises sign not larger tha. n_ '$ are suujo;~_~o '~_ -~lic utility ' rightto the use and enjoyment 0f.:. ' the proper maintenance 'of · feet-by 4 feet in si.ze, displ.~aye~.,f?~.~ ~[e~.~°c~c~u~l~'asu~a~.anner as t'0~:: thecommon property; .-~ i~ ~-' commofi lands until the Homes~ ........... . ..... · bne ~a~m~,, ...... Ii hud aH~ Association is established... The!i[' .- a period of not. longer ma.n .. -- ..... f th~eii~ ~use and develop- (d) Once estab s , . ':week immediately prior to me. p,-=vc~, ~~h~a~Ce~~,~~.lI shall· be d~termined by 'th~" Tday.of Such sale, shall be per- taunt, s. hall not be .consI.de, red , responsibility for.. oper.a.t,~n a~ amount and: term'of said ::!drt?fy ,~Z;m .~- ~ie~i sufficiency' 'man~ler °f '~xecuti°n:i' ' 'J;' ~oajetr~n:tBbme' .~ planning. Board, and the ., and surety .shall be.:a~r~ved ~ spector upon the payment of a fee ' _y~a.~, ~ ~,, more than 50 nercent areas shall be recorded directlY" the Town B.oar.d... " ' ii~ -~-~ ~,= 00 - ~u~,, ~ · ~- .... et on the subdivision Platy 'or bY x By .amendingJthe Bulk an , =vi ~. · · ' eminillluInr ulrement~ · , ' : III~ By amending. Article_II}, '~rt~ .in the' BU~qand Parking 'reference 'on the Plat to. La'. paring Schedule' of said or!,~ i Section 200C, subdivision u to '~_ .. ' '- '-' dedication in a separately' dinance apPlicable' to "A'[ : read as follows' ° ~c~.e~he~ area of a Cluster re-corded document. 'Res b- Residential DiStricts b~' ' .Horses.audd°mesticanim. al?.~ '_'.'._'~_~' ou h,~ in'sin~le .' division .-of such areas'lis· 'repealing columns B in said' ' ,,'+Sh~r than household 'pets snail · Dcvelul';':ent sh"_"L~'_~_-~..~'~ ,. nr°hibited. The dedication shaH:., schedule. . '? "'_'i~. ~,~ within 50 feet of any ' owner, snip or .unuc~ u,,,, ..... (i) Save the title to .the .XI. By amending the Bulk and ;. uv~ ~ ~'uo ..... - - - control ' - +' --" i. !otb. line. Bo~si~g'.f.°..~ ..f~..OC. K.S: .vi ' . . . ' common property to the liomes Parking .~ Schedule' ..of..~;said or~' ~=. more thau25fowl shall ..no.t oe · ' ..... e isSuance.of a '-AsSociation..f-ree of-any cl0ud 9f ' dinance.by increasing the la width appHcable to single famil~ : C0nstruCted'.within 50 fe~.t of any' · 3...Fnor to m.., "in a Cluster · ' imPlied .PUblic dedication; aqd' dwellings in the "A" R~sidenti/1 .<'; 'mi~. By amending. Arfi.el.e' IlL Dbe.u~v~oo.~m,e. Pne~a~itePla~,n~h~ll,,b_e_'' tocon~'tCh°Ya~n:atStth:thdee~lo°mPZi , , as IOilOWS' suumitteazo and approm ea uy me mn at an a ro'~d' Section 303, to read" ' _~ _.. ..... _ ....._~'. .Associat' PP ¥ .. ~' - .~F..CTION 303- ESTABLISHED ' l~lanmng .:~_o..a~..a ?., .acco~_u~j~ time.; and ~. ! ' : -.-_ ....... r, ~'~naaK - with Article z, iv oI tins ordinance '~ FRONT xAr~ o,;,-~,.-- . ..... s.~. ::- ~ -- : Where property in the vicinity ~s· · and the following condition · . ; .improved with .. Permanent -.(a) Said Site Plan's haH in-: -~ dwellings with a front yard area' '.~! of less than 'that.' required by the L~; provisions of. this' ordinance, the front yard. setback shall be the ~ .aVerage setback of the existing · dwellings within 300 feet of the ? )roposed dwelling, on the same .Side of the street, within the same '"'block, and the same use district· '' V. 'By amending Article III, section. 305 subdivision .(a) to · read as folloWs: .' (a)' When located in the .fr,~t · ! yard,., along front yard. proper y. line;' the same Shall not exceed .. four (4) feet in height. .~. VI. By amending Article III, Section. 305 by repealing sub- ~ division (d) thereof.' ~,. · VII. By amending Article III by ~ adding a new section thereto, to be Section 306 to read as. follows': , SECTION 306 SUB- STANDARD LOTS - in the "A" DiStrict; in the case of a lot held clude areas 'within which '~ struCtures may be located, the height and spacing'of buildings,' 'open space and their land-: · scaping, off-street' open and ' enclosed (ii any) parking spaces, . and' streets, driveways, and any .other Physical features relevant - to. the proposed plan, and (b) Said Site Plan shah in-~ · dude a statement setting £orth the nature of ail proposed' modifications of existing zoning ' prOvisions, and 4. Nothing contained in this. .ordinance shall relieve the owner or his agent, or. the developer' of a proposed Cluster Development. from. receiving Subdivision Plat~ Approval in accOrdance'with the' .,' ToWn Subdivision Regulations. In approving the Final Plat for'a Cluster Development the Planning Board may modify the · acreage requirement 'for" reCreation areas asset forth in .... " Districts from 135 feet to-150 feet. Dated: May 30, 197-3 'iii!. SOUTHOLD TOWN BOARD COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman Director of Planning Suffolk County Departrnen~ of Planning Veterans iMemorial Highway .5une 2,'0',' '1973' JOHN V.N. KLEIN, County Executive Hauppauge, L. L, N. Y. 724-2500 Mr. Albert W. Richmond, Town'clerk Town of Southold Main Road Southold, N. Y. 11971 Re:' Amendments'to.Building Zone Ordinance ' enacted'May 29, 1973,' Town'.of Southold Dear Mr. RiChmOnd: Pursuant to the'requirements.of.SeCtion.'i330.of the'Suffolk.County Charter',.the"Suffolk County.Planning.commisSion has duly'notified' the neighboring town'and village.concernzngI the' aboVe captioned amendments to the'zoning ordinance.. '' Having received no adverse'resPonse, the' commlsmlon will take'no further'action. .VerY truly yours, .Lee'~.'.Koppeiman Dire4tOr' of Plannin~x .GeraLd G. Newman Chief'Planner' GGN:ec' STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: ALBERT W. ~'ICHMOND' 'of ~' ~' ~outhold~ Town of Southold, New York, being'duly s~orn,.' says that'he is over':tSe' age of twenty-one years;..that oni the .. ~.llth"daY.°f June. 19 73 , .he affixed a notice~ of which the annexed printed notice is a true copy, in a proper and gubstantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Legal Notice - Amendment No. 96 - Building Zone Odd. Town Clerk Bulletin Boar~ Town Clerk Office Main Road, Southold, L.I.,NoY~ Sworn to before me this l~lth._ day of June Clerk 19 7·3 JUDITH T. Notary Public, Slate of New York NO. 52-0344963 Suffolk Count~,~,-' Cbmmis~sj0n Expires·March 30, .I ALBI=RT W, RICHMOND TO ~'~ N C L,E:R W. FIE:BIBTRAR OF' VITAl. EITATIETIC~B Gentlemen: This is to acknowledge receipt of written notice of amendments to the Southold Town Building Zone Ordinance. Kindly sign the duplicate copy of this letter and return to this office in the sel~-addressed envelope enclosed, for our records. · ~ truly Very yours, Albe~t W. Richmond. Town.~Clerk cc: Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Green~ort '~Village of Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreation ALBERTW. RICHMOND TOWN CILERK REGISTRAR OF ¥1T,~I.. SC3UTHOLD~ L. i., N,iY. 119'71 TELEPHONE Gentlemen: This is to acknOwledge receipt of written notice of amendments to the Southold To~n Building Zone Ordinance. Kindly sign the duplicate copy of this letter and return to this office in the selfl-addressed envelope enclosed, for our records. ~ Very ~ruly yours, , Alber~ W. Richmond Town Clerk Town of Shelter Island ~ 3~ / Town of Southampton ~~ Town of East Hampton~''~~ Village of Greenport Village of Dering Harbor Suffolk County Planning Commi~ssion New York State Office of Par~..s & Recreation ALBERTW. RICHMOND RE;OII"-iTRAR OF' VITA~ ETATIBTIEB Gentlemen: This is to acknowledge receipt of written notice of amendments to the Southold Town Building Zone Ordinance. Kindly sign the duplicate copy of this letter and return to this office in the self,addressed envelope enclosed, for our records. Very truly yours, Albert W. Richmond Town Clerk Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village. of Dering Harbor Suffolk.County Planning Commission NeW.York State Office of Parks & Recreation TOWN CLERK REGISTRAR OF' VITAL BTATIBTIOB SOUTHE)LD, L. i., N.iY. 11971 TELEPHONE: Gentlemen: This is to acknowledge receipt of written notice of amendments to the Southold Town Building Zone Ordinance. Kindly sign the duplicate copy of this letter and return to this office in the selfi-addressed envelope enclosed, for our records. £ Very itruly yours, Alber~ W. Richmond Town ~lerk cc: Town of Riverhead Town of Shelter Island~/ Town of Southampton Town of East Hampton Village of Greenport Village of Dering Harbor .Suffolk~County Planning Commission New York State OffiGe of Parks & Recreation Gentlemen: This is to acknowledge receipt of written notice of amendments to the Southold Town Building Zone Ordinance. " Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for Our records. Very truly yours, Albez t W. Richmond. ToWn. Clerk cc Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village of Dering Harbor Suffolk County Planning commission New:York State Office of parks & Recreation~/. Al. BERT W, RICHMOND RFGIETRAR OF' VITAL. BTATIETIG~I TE/E:PHONE; o7 6 5._,-.i ,-/B3 Gentlemen: This is to acknowledge receipt of written notice of amendments to the Southold Town Building Zone Ordinance. ~ Kindly sign the duplicate coPy of this letter and return to.this office in the selfraddressed envelope enclosed, for our'records. Very truly yours, Alber~ W. R±c:hmond Town.~lerk CC: Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village .of Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreation /'. : T£LE:PHON lC Gentlemen: This is to acknowledge recez~pt of written notice of amendments to the Southold To~n Building Zone Ordinance. i Kindly sign the duplicate copy of this letter and return to this office in the self~addressed envelope enclosed, for our records. I Ve~'y ~ruly yours, Alber~ W. Richmond Town. ¢~lerk cc: Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton ]~ Village of Greenport j/~~/~-~-~ . Village of Dering Harbor ~ . Suffolk County Planning CommiSsion New York State Office of Parks & Recreation SOUTHOLD, L. I., N. Y. 119'71 T£LEPHO N !~, Gentlemen: This is to acknowledge receipt of written notice of amendments to the Southold Town Building Zone Ordinance. Kindly sign the duplicate copy of this letter and return to this office in the self~addressed envelope enclosed, for our records. £ Very truly yours, Alberit W. Richmond Town Clerk cc: Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village of Dering Harbor Suffolk County Planning commission New York State Office of Pa~ks & Recreation NOTICE OF AMENDMENTS TO TOWN ORDI!NANCE AMENDMENT NO. 96 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk,County, New York, held on the 29th day of May, 1973, the Town Board enacted the following Town ordinance amendm~ ts to the entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone ~ap forming a~part thereof as follows to wit: I. By amending Article Iii , SeCtion 300B. by repealing subdivision. 14 thereof ..... II. By~amending Article III, Section 300C by adding a new subdivision thereto .to be subdi~ ~ . 7. Yard sales, attic or similar.type sales of pe occupant.of the. premises az ~" following requirements: · · ~ (a) Not. more than 'ision 7 to read as follows: ales, garage'sales, auction sales rsonal property owned by the d located ~hereon, subject to the one such.s~le Shall be conducted on any lot in any one. c~lendar year. (b) Adequate supe ised parking-facilities shall ~ be provided. · (C) NO signs, .except one on-~remises sign not large~ than 3 feet by.4 feet ih size, displayed for a period of '?. no~ longer than one wee] · ...~. such sale, shall be per~ (d) That a permit ¢ immediately prior to the day of aitted. obtained therefor from the Building Inspector dpon the payment of a fee of $15.00 ' ' Section 3'00C, ' III. By. amending Article IIIi . ' subdivision 5 to read as follows: .-.. . 5. Horses and domestic animals other than household .... ' 'pets shall not be housed wit . . Housing. for' flocks, of more ~ ",..c.onstr~¢ted within 50 fe~t ¢ ,~hin 50 feet of'any lot line. .han.25.fowl Shall not be Legal Notice Page ~ By amending Article IIiI, Section 303, to read as follows SECTION 303 - ESTABLISHED FRONT YARD SETBACK- Where property in the vicinity iL improved with permanent dwell~ng~ with a front yard area of ~ess than that required by the provisions of this ordinance, the front yard setback shall be the average setback of ~he existing dwellings.within 300 feet of the proposed dwelling, on the same side of the stree within the same block, and the same use district. read. as follows (a) , Section 305 subdivision (a) to When located in t~@ front yard, along front yard prgperty line, the same sh 11 not exceed four (4) feet in height. VI. By amending Article III, Section 305 by repealing subdivision (d) thereof. . VII. By amending Article III/ by adding a new section thereto, to be Section 306 to read as follows: SECTION 306 - SUBSTANDARD LOTS - in the "A" District, in the case of a lot held in s~ngle and separate ownership on the effective date of this Ordinance and thereafter with an area and/or width of less t~an the requirements of this ordinance, a single family dwelling may be constructed 'thereon with side yard requlrements reduced by 25%, provided that all other yard require~ VIIi. By amending Article VI, read as follows: 7. Parking shall be provided in of f street, paved parking areas which shall provide fcr one (1) parking space, three hundred fifty (350) square (100) ~quare feet of sales building. lents are complied with. Section 602, subdivision 7 to eet in area, for each one hundre¢ rea'or office floor area in each V. By amending Article Legal Not£ce Page 3 and to preserve the natura2 and scenic, qualities of open space. I. The maximum number of single-family lots that may be approved in a Cluster Development shall be computed by subtracting from the to~al gross area a fixed percentage of 20% of said area, and d viding the remaining 80% of.the area by 40,000 square feet.I (a) In computing the maximum number of lots that may be created, any l~nds which are subject to flooding or'which are occupied by p~blic utility easements in such a manner as to preve'nt their use and development, shall not be considered part of the tota!l gross area. In a Cluster Development, lot area, width, depth, front yard, rear yard, and side yards shall not be reduced by more than 50% of the minimum.requirements set forth in tho Bulk and Parking Schedule. · ~ .. 2.:. The area of a C~uster Development shall be in single ownership or under uhified control. 3. Prior to the issuance of a building permit in a Cluster Development a Site ~lan shall be submitted to and approved by the Planning Bo~rd in accordance with Article XIV of ~hi~ Ordinance. and t~e following conditions: IX. By amending Article XIV by adding a new section, to be section 1402 to read as followsi: SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board may approve Cluster Developments for one-family detached dwellings in an A Residential'and Agricultural District according to the procedure[and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and econ6mical pr~vision of streets and utilities Legal'Notice Page 4 · ' · ., · (a) Said Site Plan shall include areas within '.i'. : which'structUres may be l¢cated, the height and spacing ~.. ' ., .i of buildings, open space And their landscaping, off-street "" open and enclosed (if any) parking spaces, and streets, · '..;" d~iveways, and any other ~.hysical' features relevant to the · "'.''proposed plan, and · ' (b) Said Site Plan shall, include a statement ''setting forth the nature cf all proposed modifications of existing zoning provisions, and ~' 4. ~othing contained in this ordinance shall reiiev ' the owner or his agent, or[the developer of a proposed '' Cluster Development from r~ceiving, Subdivision Plat Approval in'accordance with the Tow~ Subdivision Regulations. In ~"'~. approving the Final Plat fgr' a Cluster Development 'the 'i. planning BOard may modify the acreage requirement.for . ." recreation areas as set fo th in the Town's rules governing '' i'i: subdivision review provide~ that the common land dedicated · meets all,other re.quiremen~s of the Town Subdivision Regulations · 5. A Cluster Development shall be organized as one of the following: (1) A Ho~es'Association approved by the Federal Housing Administratlion for mortgage insurance as a "Planned-Unit. DeVelopment" i and the Town Board; or (2) A "~.Homes Association approved ~y the Town Attorney and' Town 'Board; or (3) Any other.arrgngements approved by tho Town Attorney and Town Board as ~atisfying the intent of this ordinance· Whenever a Homes Association is proposed, the ... ', Town Board shall>retain thelright to review and approve the articles of incorporation a~d Charter of said Homes Association', and to require wherever'conditions deemed Legal Notice Page 5 necessary to insure.that the inten~ and purpose.of this ordinance is carried out. !In consideration of said· approval, the Town Board shall, in part, require the Cluster Development to meet the fo~loWing'conditions~ .... (a) The' Homes ~Association shall be established i' as an incorporated non-profit organization operating under "recorded land agreements through which each lot owner (and · .... '"any 'succeeding owner) ~.is a~tomatically a member, and each , lot is automatically' subject to ~ charge for a proportionate . .share,of the expenses, for ~he organization's activities. '(b) Title to ~11 common proPerty shall be placed 'in the Homes Associ ti n, or definite and acceptable .... assurance shall be given t~at if automatically will'be so placed'within a reasonable period of time. (c) Each lot jwner'shali have equal voting ' "': rights in the Association ~nd 'shall have the right to the / use an~.enjoyment of the common'property. (d) Once estabiished, all responsibility for 'operation and maintenance, of the common land and facilities shall lie with the Homes.A~Sociation. (e) Dedicatio~ of all'common areas shall be recorded directly on the'sUbdivision Plat, or by reference on the Plat to a dedicatio~ in a separately recorde~ document. Resubdivision of such areas is prohibited. The (i) Save to the Homes Association f~ dedication; and the title.to the common property 'ce of any cloud of implied public (ii) Conm~it the developer to convey the areas ~o ~he. Homes Asso¢ia,ion. at an approVed times; and (iii) Gr~nt easement of enjoyment over the Legal Notice Page 6 area"to the lot owners; andl (iv) Givei to the Homes Association the right i~o borrow for improvements upo~ the security of the · common areas; and ~ ,,'. (v) Give itc it-the right to suspend membership rights for non-~ayment of assessments or infraction of published ru~es. 6. Covenants shall lots to one-family use and No' structures may be ere¢ be established, limiting ail all common lands to open space us, ted on Such common lands except as shown on the approved S~te Plan. 7, Each deed to e~ch lot sold shall include by reference all recorded dec (including assessments and non-payment of such),... arations and other restrictions the provision for liens for · ···1.· purchase insurance; pay taxes; specify in its charter and ~ 8. The Homes Assogiati°n. shall be perpetual; shall by-laws an annual homeowner's fee; provision for assessments and p~ovide that all such charges become a lien on each property in favor of said Assoc~atzon. The Association shal have the right to proceed %n accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to coramen~e action against any member for the colleot~0n of any unpaid assessment in an 0our~ of competent juriadlctzon.'| ' 9. The developer ~hall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling s~tes are sold .at which time the Homes Association shall be autgmatica!ly established. Legal Notice Page 7 10. Prior to Site Pilan approval the developer shall file with the Town Board a performance bond to insure the ' required proper'installation of all improvements, and a maintenance bond to insurei ' ,the proper maintenance of all Ciation is established common lands until the Homes ~sso · The amount and term of sai~ bonds shall be determined by the' Planning Board, and the form, sufficiency, manner of execution, and surety Shall be approved by the Town Board. X. .By amending the Bulk a~.d'Parking Schedule of said ordinance applicable to "A".Res~dential Districts by repealing· columns B in said schedule. XI. By amending the Bulk a~d Parking Schedule of said ordinance by'increasing the lot width applicable'to single family dwellings in the "A" Residentia~ Districts from 135 feet to 150 fee~. D~ted: ~May'30,~ 1973 ..SOUTHOLD TOWN BOARD PLEASE PUBLISH ONCE, June 7, 197~, AND FORWARD THREE (3) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD T~WN'BOARD; 16 SOUTH~ STREET, Copies. mailed to the following o2 ""~." The Suffolk weekly Times The Long Island Traveler-Mat Village of Greenport Town of Shelter Island Village of Dering Harbor Town of Riverhead Town of East Hampton I ToWn of Southampton 'I' New 'York State Park Commission' SUffolk-.County Planning commission May 30, 1973: , tituck Watchman. SOUTHOLD TO~fN BO~KRD ~ia¥ 8, 1973 7~30 public Hearing in the Matter of the Proposed Amendments to the Southold Tow~. Zoning Ordinance. p R E S E N T: SUPERVISOR ~LBERT ~%RTOCCHIA JUSTICE 5~I~TiN SUT~H JUSTICE LOUIS DEMAREST CO~CIL~N J~.~S HOMAN CO~CIL~N JA.MES RICH TO~7 CLERK, A.LBERT W. R~CHMOND TO~%I ATTORNEY~ ROBERT T~.SKER Southold Totem Board May 8, 1973 time SUPERVISOR ~iRTOCCHI~: We will open the hear~,n~ at this Coiuncilman Rich, will read the legalnotice of hearing~ the Notic will no t read ~NOT by ~he So Street, G 7~30 propo s ed dated CILIUM JAM~S R~ICH: i believe you all have copies of e of Public Hearing so-~ if there are no objections~ read the entire list of proposed amendments. (Mr~ Rich ICE IS _B~DREB~~ GIVEN that a public hearing will be,h~ld uthold Town Board at the Greenport High School~ Front reenport~ New York, on the 8th day of May~ 1973~ at ock in.the evening of said day on the matter of the amendments to the SouthoId Town Zoning il !l~ !973'~ Southold To~ Dorman fo Planning Hampton~ Rich also read proof of publication signed by Stuart r the Suffolk ~eekly Times$ proof of publication signed they Booth for the Long Island Trav~ler-Mattituck notices ~ent to Shelter Island Bo~rd~ Suffolk County Board~ New York State Park Depart~ent~ Village of East To~ of Southampton~ To~n of Riverhead~'Village of Greenport~ Village of Doting Harbor. Letter :from Mr. Lee E. Koppelman, Chairman of the Suffolk Co~33aty Planning Board~ was read by ~. Rich~ The Suffol.k Cour~ty Planning Board considers the matter of the proposed a~endments to the S0uthold Town Zoning Ordinance to be a matter for local determination.~ (see copy of letter attached). Letter from Mr~ John ~ickham~ Chairman of the Southold Town Planning iBoard, was read by ~r. Rich~ These proposed amendments reflect needed changes ~nd the Board reco~nends these improvements at the e~rliest possible time~ (see copy of letter ~tt~ched)~ SUPERVISOR ~JtTOCCHIA: You have heard the reading of the legal no'ice, proofs of publication in the official newspapers, the recommendations of the Suffolk County Planning Board and the Southold To~,n Planning Board~ and the notices that have been sent out~ The meeting is now open. to the citizens of Southold Town. You haveioopies of the Ordinance as it now exists ~nd copies of th~ propOsed, changes° You may speak on any part of it that you wish~ D6es anyone, wish to speak in favor of any of these particular amendments? If so~ you m~y~come forward and use the microphone~ MRoiROBERT De~IA~ Southold: Since everyone now has a copy o£ the Ngrth Fork Environmental Council statement, i think I can say in a;sentence or two what our position is~ After much dis~ cussion~ we support all eleven of these amendments with certain reservat$ons~ and those reservations are included in our statement° We feel Shat Amendment No~ 9 which de~ls with clus~er zoning needs Southold To~n Board May 8 ~ 1973 some revision: 1. We thi~dc clustering should be n~de compulsory under certain circumstances. 2. -We feel. that ~ minimum figure for open space sho%~Id be indicated ~= no. less-than 50~ after the 20% has been deducted. In other words., a total..of 60~ at least~ including areas used for ro~ds~ 3~ Some provision should be made for overall planning of open space areas where two or more clustered deve].e~emt~ adj~in'~ so that the "co~n" areas might also adjoin~ *'""'~.. ', -..'~.~....,.~'~"~'~',.o 3,~.'~'~fe~'." sp~ces =~ spaces that might be used for agricu~t~e. 4~ Greater flexibility is needed .in dealing with the common lands~ not just 'one kind of.home-o~ers ~ssociation~ Pro~isions ought to be made for public ownership as ~n option. ~. 5,, Greater flexibility ~s needed in the t~es of houses allow~ble in a cluster. To~ houses', attaehed houses~ multiplex dwelling~ all should be ingluded ~= or combinations... 6. Some ~rr~gement eught to be ~ade b~ere to accumulate open space for ~griculture on a lea~e-bA, ck arrangement to keep it open and in agr~c,.~l, ture. Finally, som~ arre~ngement Ought to be made for ~.c,~":'~'~?:.';,u3,r~.~'~::~on of open space ~fg.r agricultural ~Ses.. These are some of the things We feel ,{oul,~~ m~ke for better cluster moning. (se~, oopy of MR. ;PAUL STOUTENBURGH, Cutchogue: Could I have clarifilcation on the s~ction where you say that no longer will there be half acre. D~es this mean that everyone would have one acre or would there be !one acre for cluster zoning? ROBERT TASKER, ESQ ~ Town AttOrney: The existing Ordinance stipulates a: minimum size lot of 40~000 Sqo ft. in "A" Residential~ Agricultural~Dist~ict if you do not have community ~.ater and' sewer systems~ : If you do have them~ you can have a 20~000 sq. ft~ lot. That is being eliminated so that.in a Residential ~one the minimum size lot will be ~0~000 sq. ft~ without regard to sewer or ~ater~ Under cluster zoning~ clustering permits you to cluster youa~i homes on a smaller'lot provided you do not end up with more dwellimg units on the t~act~ than if each house were on 40~000 sq. ft.. You .could develop the tract by grouping the houses in clusters with a minimum I ~ / of no les~ than 20,000 sq. ft. Under clustering you can noti end up ~.ith mcr& dw.~lling units on the tract than is permitted unde~ the Zoning O~dinance. ~S~ JEAN TIEDKE~ League of ~,{omen Voters of Riverhead: (Mrs. Ti&dke r~a~ the highlights from the statement of the League .f ~omen Voters of Riverhead - see copy of statement attached). ~e request that the Town Board adopt the present amendments but proceed $mmediately to gather more information so that people who ~re moviDg into the territory~ but most of all the Town Board and the Planning.iBoard~ will have everything at their finger tips. $outhold TownBoard May 8, 1973 MI~ ORVILLE TERRY,~Orient: I think the amendments, for the most Dart~ are good. I thine the one on increasing the required ~quarefootage for developments is a very good However, I thir~¢ there is an awful lot left that should be done. $outhold Tow~ has been for httudreds of years one of the primary agricultural' to~ of the State, and probably of the country. I don"t think we are doing enough. There are a lot of people who thimklagriculture can be saved in Southold Town~ I thi~ that all ~ver ~he eo~try there is an i~creasing interest in zoning ~i against the.right to make money~ The public has a right to ~o~ Of th~ things .that they want to pre~erve. I think ' most w~nt~t~ preserve agriculture. The time has come for some sort of s~riou~ attempt to see~ if we c~n't do something about it. MR.. ~TOLLME~R, Sot~udview ~ve.~ Southold: I know this is a minor m~tter here but I would like to speak of the last ~endmentl$ the. i~crease of lot width from 135~ to 150~. We have had~ as y,u k~Ow, a frontage i~crea~e from 100' to 135~. Thi~ wms quitei recent. I would like to say that it might be pushing it a bit ~o push it'to 150~ at this point. I thi~, we might think abe~t th~s a.little longer~ RICHARD CRON, ESQ.: I oa~ remember about two years ago, ~d particularly prior thereto, when a great deal of effort wa~ tmdergone~ to come forth with ~ Master Plan for the To~ of $outhold.i As .a result of hearings and discussion~ an Ordinance was ~dopt~d t~0 years ago. I can distinctly recall comments at that time, that? this Ordinance was undertaken and geared for ten years. That ~$ two years ago and the Town has now' undertaken to ~mend ~na im~r~ restrictive way~ I thir~k the Tow~ is approach~ i~g t~e p~int where some of the changes would be considered ~rbit~ary~nd .~mreasonable in ~ court of l~w~ I thi~y°u are fast reaching .~the point wher~ you ~could be t~ce~ to co~t. The Ordin~c~ i~ i~tended to exclude c~ertain minority e~e~s. I don't thi~ you~ arc.giving ~nything aw~by your clu~ter zoning. I fail to see wh~re ~t will provide any~t~e of incentive fo~ ~ developer to go fro~ a ~id l~yeut to clu~ter zoning. H~ wo~'t ~nd up ~th ~y more ~itm~ i find it inoo~c~eiva~le for his pu~ome to go to clu~t~ ~o~i~g when he could s~ll grid mtyle~ On the question ef incre~ing~the lot width in "A" R~sidenti~l District from 135~ to 150~ I fi~d no basis for ~ame.~ If it is intend~ed for Southold To~ to beoom~ ~ retiree situation~ I f~il to se~ how it will acco~lish th~s. It will r~ise th~ prices of lots~ I thi~ you ~re going too far~ I feel you ~re pandering to som~ groups who wo~d like to see zoning refor~ed ~but I think it sho~d not just MR. ~OM P~CA: r~ith regard to fence height, most people thirdc 3~ is useless. ~ dog won't be kept in ~ith a 3~ high fence~ Some Southold To~ Board May 89 1973 people have ~ fence of that height put up because of school children ~ro~sing the property, i understand that the fence height wa!s made to be 3~ because some people put up 6' high fences which certainly do block the view~ ~e are, natural!y~ for the 41' high fence. ~{S.i EDNA BP~NDES~ Orient: Condominiums are very popular because p!eople do like to have open space~ I disagree that there is ~o incentive. I think that they are becoming very popular ~nd ~idespread. ~{. iPAI/L STOUTENBD~GH: I thi~ you should con,sider the idea in No. 5 Iof the North Fork Environmental Council statement which suggests that greater flexibility is needed in the types of hemes ~llowa~e in a cluster. The developer is interested in making dollars. Tov~ houses might s~ve considerabl~ co~t and accomplish th~ purpose~ which would be open space~ This is an attracti~'e type unit for retired People. It is ea~;y to t~ke care of ~:his ~ype of thing..~ to'~n houses in a cluster zone. I also wculd ~ike to make a statement to the effect that when you do g~,t a ~arge parcel of land~ if you change your thinking that it s,lways has to be in grass, I thimJm it could be utilized whereby t:he open space could be in agriculture and we woul~ cut do~ som~ of the upkeep of open space. We hope, i~. the future~ that youiwill start thinking in this direction~ 1,~$; De~LA.RI~: I would tike to take issue with Mr. Cron. W~ are n~t nearly as restrictive at this point as a great many towns inlNew York State. M~ny towns have two acre zoning and they h~v$ not been taken to court~ and many towns have a moratori%~n. I understand that Southampton has considered an additionlto their clause on cluster zoning which m~kes mandatory 5~g openj.space~ I c~n't see how ~Mr. Cron thinks this Town is restrictive and may be taken to court ~uy minute. MR. iJOHN %~CKHAM: (Chairman~ Southold To~ Planning Board) I would like to make a few comments. The Planning Board labored together With the Appeals:Board and the To~n Board about sig months on these particular amendments, l~e have not only ideas of our own but we are faced all the time with ideas of devel~pers, In a sense~ we have tried to put together what we consider ~re some of the best ideas that are pr~sented to us by develOper!m° We will start with this 150 front froot.., this is done $o they can stagger houses on the other side of the highway ~nd have a view of open space. There is no point in having open ,sPace if you can't use it. This is a concept of having wide enough lots so you cab have views in b~ck as well as in front~ Mc.think it's good. There has been some comment about having Multiple Housing in Residential zone. Bear in mind, that clustering is only in a Southold Town Board May 8~ 1973 Residential zone. The minute you open up a Residential zone on mny b~sis~ including cl~stering~ to Multiple Housing you h~v~ opeD~ed up ~ Pandora's Box~ I thine the voters. ~d~ people in the To~ of S~uthold would be very much 'upset if they people could pu.t multiple residences in anything but "~i~ zone, ~e h~ve this tied do~ so you have your say. at a public he,ring b~for~ th&re c~U be any multiple housing. We thi~ we are much stronger position than meet of the wes.~ern towns~ reCo.~ize~~ th~ position of th~ Lea~e of ~om~n Voters- that p~rhaps we ought to have~ more ~uItiple housing and perhaps w~ ought to have nnOre', low inO'ome housing, They sho%~ld .~lways b,8 in ~ Multxple Res~.denpe zone wher~ the people of',, the to+m~, have the opPovt~.',nity to. have their s~y in a. pu~iic h~aring before the '~'0'~,?~ ~7'~' '~':~ I would like to say further~that the Master Plan for the Town of SOuthold is a bro~d spectrum vehicle which paints picture of what we might ~nd ~hat we shouldI have~ ~.d wh~t we will have,~ but only by i~kolementation do the things envisioned in the ~ste~ Plan Come into being~ ~ do not~ have yet ~y out~standingly sUcceSsfu~ method of ~ssisting agriculture,. There a~re quite a few of us in t'~he official family who are ~ngaged in agriculture. The primly pr~obl~m is economic~ and taxes~ whioh is about th~ only place th~ To~ c~n have much i~ort. By th'~ s~me token~ the ~ster PI~'~ envisions more restrictive zoning to Protect the -w~ater resources~ This has not yet been i~!emented~ The.: time is not ripe. This is a continuing ente~rise. ~ere is n0 one who knows enough to meet the problems which ~ill grise tomo~row~ next year~ or the year after. One other thing I want to say~ ~the Planning Board has before it right n~w a developmen~ in "M~" zone where the ~its are clumtered and we are a little bit shocked that even with our pretty limited a!lo~nce of roug~y seven li~ing ~its per acre~ if you give more than 50% open space~ you really have to jam them together ~d.it doesn't look like the Tov~ of Southold~ don~t like ~what we se~ Thsre is no point in having ~ lot of space and having "Richmond Hill" in a small One otb.her co~ent$ the 20~ fibre that you subt~'act from the tot~ gro~s~ area,~, this is State law. We are silly i~lementing State law ~'pr clust~ring~ ~. FP~ CO~E~ Greenport: I did hope that ~uld h~we ~ouched on the nitrate oo~t and al~o the percentage the Coun. ty olaa~ms w~ would have to ~. JOHN' ~CK~.~M: The gouty ~pent a lot of' money studying ~ter condi$ions and came up with a water study booklet~ Th~ Southold: To~ Board 1973 study w~s done by HQ.l~.~C.h~er~McLendon & Murrell~ It says that it takesI 1.4 acre~ of land to diIut~ the nitr~tes d~pomit~d in the sell by ene family~ Therefor~ the Cowry Board of H~alth is thi~ing that at ~om~ time in the future it prob~b~y~r~e*~end to the ezstern tov~m, where the ground contour level is'~below about 6 f~et~(thi~ is the level of ~o~d ~der lands ~nd ~,h~t I am ~ying is that the w~t~r t~ble lies 6 f~et a~ev~ ~ level)~ that in ~.~ ~ea where thi~ height 6 feet or l~s~ they ~ll probably require 1~4 acres of land~ ~is is ~or ~eme time in the future but it' is oo~letely docum~nt~d~ T~e Oe~ty Board of Health is v~ry sure about it ~d ~re ~,Ure that o~spools~ a~ such~ c~ntribute les~. nitrates 'lin CeSSpools are turned to a~onia which i,s disposed of which '~el,/ob~e~],~':io~b!e~ It takes i~ acre~ (with ~he'reinfall on eastern Long~ Isl~ud) to dilute the nitrates from residenoe'~ ~&t ~Soms tim~ in the future it ~ logical to expect that the ~ounty'Board of Health %,~ll act on the information oont~ined'~ in this report. ~. C~LES DE~NG: Is it true t.hat a n~mber of tests have indicated'~ tha. t it i~ ~ready higher in nitrates? ~LQ. ~CK~M: W~ h~ve currently five subdivisions ~hich hav~ been '~indefinit~ly shelved because nitrates are much too ~gh. The Cowry Board allowm 10 p~ts per million and we have one that is 22 parts per million~ It is ~xpected that these nit~tes, ~der heavy r~inf~ll~ will be diluted~ ~e have some that ~are i~proving~ but it is ~ very real problem~ PROFESSOR W.~TER $~TH: Do you mean nitrites or nitrates? ~. ~OlQ~i: I thi~k I have been corrected~ ! am not chemist. ~ believe it ~nay be nitrites that are objectionable from the C0~ty Bo~rd of Health standards~ I a~ not certain. ~S. TiED~: I am no expert but I thi~ it is nitrates~ lO parts p~r million. I would like to asks did you say that high rainfall could dilute the nitrates? If so~ this year our w~ter may be in better condition than it h~s been in two t~e~ y~ar$. ~. ~C~M: Yes, up to a point~ it also work~ in the other direOtion~. Since w~ h~ve such a high nitrogen level because early last s~er we had torrential rains before potato pla~ts could t~ce up the nitrogen (it is hel~ in root systems and it is quite quickly released ~der oircumstanges). ~ge came by our high nitrogen levels b~cau~e of May ~:, 1973 the exceslsive rains before the plants had time to tie up nitrogen.I This is due to having excessive rainf~ll~ which will also dilulte it. Bear in mind that nitrogen is one of. the most unstable ~f e!ements~ It dilutes very quickly a~d it also leach~s out on the ground very quickly. ~S. ~ ALI~E DOVE: Granted that we have the very best set of Ordinances we could desire for the Town of Southold, of what value would these~0rdinances be if we have a Board of Appeals which c~ul, grant variances against any of these Ordi~ances ~s they stan~, and how much power does the Board of Appeals have? i~R.. TASKER: State law mandates that you have a Board of Appeals~ iThe generg~l purpos~ is to grant variances,~ That does not mean ~hat the Board can act on its o~ discretion on anything that is 'p~oposed to them~ The t~w proposes a st~nd~rd of li~ts. but it reqo~ize8 that some cases do not. fit this ge~neral law so there i,s this Board of Appeals which acts in those cases. ~ey can ~r~nt a vari~ce in ~ case wh~re hardship i~ ~ho%~. Anybody i~t~restsd in any d~cision of th~ Board of Appealm has the right ~to ~ppe~l. There ~re specific ~idelines laid by the courts which the Board of ApPeals must a~ere to~ They have l~mi~ations. ~*~e can ~ot do a~y with them~ The rules and ~idelines~, ~re l~id do~% by law ~nd~ by co~t decisions. MR. J~ ~O'~LES: %~o challenges the Board of Appealm decisions? MR. TASKE~R: If you were a property owner ~u~d y~)u felt you were entitled to a variance and you were denied, you can appeal- in court~ i If you ~re ~ neighbor and yo~ neighbor ~nts ~ variance and it is ~anted~ ~nd you do not approve~ you ca~ appeal that decision in co~t. A~yone ~ho has an interest can appeal decisions QF the Board of Appeals.. ~ ~ny interested p~rty who is ~ffeoted by a decision of the Board of ~ppe~!s. Ml~.. STOLLM~YER: On the matter of frontage being increased from 135 feet to 150 feet, I have no objectionm except in my o~ case which'~I thi~ ~ght apply to other people who are not developer$.~, people who have a piece of property ~dt w~nt to sell off e I iece.p This 150 feet ~y o~use some ooncern~ I can property go~ing to be able to get a %rsri~noe? This is why I am far a's developments go but %then you apply thi~ r~e to a loc~l property o~er~: I wonder if there is going to be e different s~pproach~ ~s there going to be ~ny benefit to the local property May 8, ,1973 SUPERVISOR ~&RTocCHIA: You have the right to appear before the Board of Appeals and if you can convince the Board that this is creating a h~rdship~ you have the ri~t to a variance~ ~. JOHN HUGITES: I bought a piece of property in 1970 and filed for a 'building per,mit today. I was told that ~ccording to the Ordinances of 1972~ I needed ~ h~lf acre. I c~tn~t see ho~ that wou~d b~ retroactive to an individual o~er of apieee of property,:: a single individual lot. 5y should ! halve to go to the 0rdi~ance in 1972. ~. TAS~R: One of the amendments that is ~der consideration today is '~he 7th one and it applies to yo~ case. Under the way th~ 0rd~n~c~ is now w~itten~ there is no ~utomatic exceptio~ for existing non-conforming lots. They all have to go to the Board of Appeals. ~e ~e now ch~nging that to fit the case you have, If you had a proper sized lot when you bought it~ this ~rovision ~ll take'~ cs~re of that and allow a building permit to be issued, ~" ho!din~ a hearing on this right now.. ~e are This is one of the ~S..TIED~: I believe you said, Mr~ Wi.c~mm~ that there is no point in having open space if you c~n't ~se it~ referring oec~s to ~me thst none of us have come up with a d~J:~nit~on of open spac~ I thi~ this is a problem we all here. Someone ~ight envision lO0 acres or 50 acres~ and someone else a view between two houses ~.cross the street. How do you define open sp~c e ? ~ ~C~M: 0bviously~ I have no ~sw, r to tki~ MR. CRON~ Open space is anything that is not built upon and o~n no'% be built upon~ ~ DeMA~RIA: It is any ~dditional l~nd beyond what exists determine the quantity and quality of water, In cases of sales~ hew is the:number of test wells that h~ve to be put in determined? When they Come up te the standards of the Health Dep~rtment but later, ~fter they have built, their water is restricted. Is there any ~y we can cover this when people are building and find that the water is not pure? ~ $outheld Tow~ Board ~10~ May $~ 1973 ~. ;'~[Ck~L~M: This is entirely within the responsibility of the C~unty Board of Health. %fo spend a great deal of time with the ]Co~aty Board oF Health and with the Count3~ Co~issioner trying t~ g~t a co.leto picture of the way they h~dle things~ and we altec like to familiari,ze them with what we s~re trying to do. 'The C~ty .BOard of Health looks at a subd[ivi~ion after the'~ conto~rS are on it~ They then s~y we ~=~t test wells here ~d here. ~ ~til approximately a Week ~go they allowed the developer to driv~ test wells. The)~ ~!~!Owed someone else to t~e samples,, Now~ a developer told me today that within a week the Co~t~y Beard of H~alth is going to t~e~ their o~ ~a~les. They will] preo~s,s' it themselves. They fee~ they can do it cheaper and bet'~er and be assured t~t ther'~ is, no "monkey business". , t~t,',?hey were ~!ming at doing this. They ;.m~e mistakes. You might;~ look at the contours on a ~ap and sa3~ the worst possible piece i~ on the low~r southeast co~er~ but it Sometimes happens that there, is clay fill tha~ they do not see~ ~.~ ~RON: PYith respect to increasing of frontpage from 135 feet ~o 150 feet~ I believe I heard that apparently there are some ~ubd~v3~ders ~-ho P.rfer a wider frontage lot to stagger their ~subdivision. As I ~derst~nd it~ we require a mi~m~ o~ 135 Feet ~d I see nothing to stop a developer from ~laying out'~ 150 feet~ No. l: what is the r~tionale behind th~ increase o~,f 135 feet to 150 feet? No~ 2: What is the rationale behind the~ reD,eel of 20,000 sq~re feet in ~ots with a comm~uity ~ter and '~ewe~ sy~te~? S~ERVISOR },~RR~CC~A: The Pl~ing Board and the Appes~ls Beard w8~nt'[ to go to one acre with se~ge and water systems, aiming toward i.4 acres~ ~. *~C~M: They are aiming toward 1.4 acres ?er resident To~ o~ Sol,hold ~ se~ ~I~ ~he p~opl~ o~ one h~lf aor~ lo~ ~e ~o~ we ~are going to have to have more restrictive zol~ing and we ~ow we ,~c~n't wait ~util we have reached the limit on one-half acre zoning~ ~d then say to the oeople that, there ~tll be m~o mor~ building in the To~n% of Sout~eld. This. is ~utterably poor pl~i~g. ~Ie are pla~ing so all the people[in to,~ have ~ right to develop :,'their property. R~e thi~k we can do~ it on one acre or l~~ acr~ zoning with ~ome multiple residehce zoning~ and there ~ll be mo~e m~ltiple residence zoning because there is ~ need for it~. I~e have applications for multiple residence use 1.,~.vmng ~it~ there have': got to ~e other acre~ sat aside with nobody on them, or ~th 1:~4 ~cres Per residence, t~ ~ake it oom~ ou$ right~ ~;~no is going to bea~' the brunt of it? The ~].~mting Board says that everyon~ should :,~_ave a ch~ce to develop their property if they w~t $o~ and e~erybody has to have wat~r, le. nd we should not give it all away now. SoutholdTown Bo~rd ~11~ May 8, 1973 k~..iSLE:DJESKI, M~ttituok~ John, you are putt:£ng ~oare taotics'0n water. I thine thi~ is scare tactics~ PROFESSOR S!~ITH: ~ater is 3% s~lt ~udthe average person us~s DO~O00 gallons of water~ ~e have a big problem getting rid of salt. MRS~ TIED~: Cluster zoning ah0uld be flexible in terms of hav~ng not just one family house~. ! understand To~ houses have to be in "M" zone~ It seems to me it sho~d be possible to refine the Ordinance to have more distinct categories, ]~o%~d it ~be po$sible~ s~y~ to include 10/% oF 80 ack, es that be allotted to o~e bedroom or t~o bedroom to~ houses without i~lyin.g[the same t~ng as multiple house$~ ~ost co~unities ~re mixe~~ with big houses, small houses~ apa~tments~ otc. This i~ a co~on Amer.ic~n patte~. You don"t have to have single norms! lmer~oa~ t~e co~ity ~ehich tends to be mixed houses ~ :.I~0FI~M: It would be possible but the Ptax~in~ Board doesn't ~ant it for just one re~$on: All the other to~_$ with the possAble~ exception of Shelter Island a!lo~ it but they are being flooded with p~op!e who ~re coming out here ~o build. !~en you are sitting as a Pls~.ing Board or you are a B~.ilding Inspecto~ you get many phone c~llS 'I just bought a f~rm Omient~ ~r -I just bought a farm in ~ttituck put up a ~ condominium" ~ ~'~. Terry~ our Building In~pector informs Shem tl%~t no condominiums are a!lo~,ed in "~k" zone. Zoning iS an attest to meet the Presages that cane at you ~other side Unf~rtunately~ developers look at these from the, wide~, open spaces and say"what ~ beautiful place to put~'~.up condo~nium", l, ie say if it'~'s a good place they sho~d t~k to the'Po~,~ ~Board ~d get approval of neighbors~ but we don~t, w~nt to give ~hem free reisa to develop ~ll over the To~ of Southold~ ~$& TI.ED~. I don~t see why it has to be "ejtther~or". I~. i%~CIfHAM: Any developer can put up anything which is allowed Under the Ordinance. The minute you say "this is okay". that's what you get. }~S.i TIEDtfE: Should it not be for the people who live here?' MR. i~Ct~M: Yes. Do you want all condomini%~s? That's what you !~ou!d get. ~. iDeMA~IA: There is a difference between condominium~ ~nd town hou~es~ Town houses are eight units and are joined like row houses° In the case of town houses, you have 100 acres minus 20%, ~hich me,ns you have 80 town houses and you can build on three or fo~ acres, in the s~ae ratio that you would allow ~der normal one ~ore[zoning. They don't t~ke up any spaee~ That's not the same thi~g~ is it, as condominiums? 8outhold ,Tow~ Board May 8, 1973 SUPERVISOR ~£ALRTOCCP~[A: ~¢e have a formula of 61.7 per acre~ ~S.i Del~RiA: I have looked at a diagram on ~.~rhich 16 to~n houses wolfe on an acre of ground~ ~lth a swimming ~Eq. ~CI~AM: I suggest that some of these things be set aside forl future business~ X~;hether you call them to~ houses, row houses~ or condominiums~ it is ali the same thing, Theoreti~ cally~ I could, not agre~ with you more. From e practical Doint of view, the Plazauing Board is trying to hold back the pressure a little bit. i don't know any answers except that I know the western towu~s are in deep trouble and ~e have been spared because we don~t ~l!ow condominiums in an "A" zone, ~e wish to keep it at arm's .~ength~ M~..S.!TIED!~: I would like to say that I honestly believe that a mo~atori~ is the only ~ay you are going to hold this back in t~rms of giving yourself a breathing space~ t have a feeling that the Town Board is split on what they want to do with the To~o I i believe the same is true with the Planning Board~ They don~ all agree. I think a moratorium can be done° It is bemng done on Long Island right now. I think you owe it to yourselves and to your To.~.~ to take time off. If necessary~ get outside help~ expert advice~ aside from Ra)~ond & May. Think for a~-hil& instead of moving, I would say that anyone with an individual lot could go ahsad and build but the developers would just have l to "cool it" for six months. SUPERVISOR ~TOCC~A ~ Wouldn ~ t you say that it ' ~ healthy to disagree? We have discussed this subject and have been informed that it's illegal unless you have a really good reason~ You have to have a definite plan~ ~S. TIEDKE: I thine we ~re being exclusive in terms of 4~. ! think we have to have time to figure out ho~ this is going to be resolved. I have been.reading the Southampton Press for yearsJ They.have more land available but as sure as I am standing here, those same big time.developers are looking this ~¢ay and they Will be hard to manage unless we know ~at we ~ant to do~ S~Et~VISOR MD~RTOCC~A: We feel we have a front line of defense i~. ou,r Planning Board. ~ are quita a stumbling block to many g~oups~ We know we have a nice ~S: ]TIEDKD: I don~t thi~k it's fair to a developer to stall him.I ~e need time to fig%%re out what w~ want to do, So ataold To~ Board May 8~ 1973 ~,UPERVISOR I~L~JRTOCCHIA~ To pass these rules a lot of people have to be heard~ We can't pass r~!es and regulation~ just because we'i Fe~l that w~y~ We have to satisfy the ~ajority of our peoplei, ~e are trying to develop the be~t way we can. ~e have ~ lot: of advice coming i~ to us from the County~ and other MRS~ iTIEDKE: How many people wo~d we have in the To+~ of Southold if ~ll the lots were built on by tomorrow morning? I wo~Id suggest that this should be the very first thing you should fin.~ out because I a~ fairly sure it would be ~ startling figure,~ perhap~ double our population right now~ ~ ~C~M~ The Building Department came up with that figure so~ time ago~ The rea~on we don't spend more ti~e o~ it i~ because~ to~orrow it ch~nges~ It doesn't ~ake auy difference ~hether wei have a n~oratorium or not~ This figure changes every single dayi~ In six month's time it, may be up or d~wn 400~ This is ~l%y we ~on"t make a running ¢ount~ You can do it any time you ws~t to~ it doesn't mean much because in a single day or week things chahge~ and it may ch~ge quite drastically° ~,~, DAVID !~fALKER: I have listened to approximately 65 people speak on the various proposals pres~ented here. I don~t find too much ~ong: here~ I find too much wrong out there* Your thir~ing is stale and sta~t~ You should have done something about it a long time $~go, 0nly one p~rson mentioned anything about agricult~e~ The basic problem is land ' ' ' ~ ' that ~ gomng ~o the developers were you %~b.~n the farmers neemem yoU~ -l~ey are gomng ou~ business a~d they are giving us a h~adacn~ that you are never going to r~cover fron~ Today~ ther~ is 12,000 to 13~000 acres~ tomorrow w, will be do~ to one acr~. The other day onions were 49~ a lb~ They are starting to stick their heads up and our crop cam. es in they will be worth 2~ Someone has to start thinking about the Long Island farm~r~ $~ER¥ISOR ~wLARTOCCP!IA: In the 'Suffolk County budget there are billions of dollars to cope with this situation 'if the farmer wants to turn his land over to the Co%nnty to be leased back~ ~ere may ~e a refund to schools a~d to+~s~ County .=xecutive K~ein will give Us a report this Thursday, They are trying to save the farmland but there are not too many farmers ~-~ho are :interested in the pregra~ You kno~ yourse!f~ being an Assessor~ And myself~ having bee~ an Assessor, that there, was not too much ~e could do for the farmer on our level~ The problem of th~ far}~e~ is the return on ~heir product, A~.ether we give an abatement of 50~ ~ ' ~ , so it"s a tou~n situation~ tha~ still would not make any d~.fference~ I don't know ho~ the farmers will react to acquisition. $outhold To~n Board ~14- 1~iay 8, 1973 ~-~w~ ~A~E~sR: _T agree th~.t assessment is ~ot a farm problem. The problem i~ that all of these people want to ~ave the co~.ity~, and agriculture is ada. rn good p~.rt of our commu:nJ..ty. i~51. SA~JL: Could you legally say that a privat~ builder can bui!d~ end then. tell a per,on like ~-~ Seh~.d tna~ m~ can t build? ~q~ T~%SK~R: In my opinion~ no. You can't just declare a mora~or~um. A moratoriu~ is just a stop~gap of very short durations!and very few cases have been upheld~ ~$. :BOLC~ER: Cottld you tell me whether the size of clusters has been baker~ into co~sideration. The larger ~h~e 'tract of land, the more hous~e~ yo%,~ will ha~re~ I am not saying I g~] against cluster ~0ni~g~ I am for it~ but I don~t think anyo~me wants one big slum. {n f~ront of a beautiful open~ area. Is the:re any $~PERVISOR M~&RTOCCF~IA: I don' t believe so. Mit, eT0~TD~B[IR.G_~t: Could we ask for some sort .of commitment on. the Bo~.rd's part where we could get together and come up with some idea~? The last paragraph o£ the North Fork Environmental Council's to hold a~ that we c~ si~o!y to attention statement reads "we respectfully urge the Towr~ Board open inCormational meeting on the ~ole subject~ so ~n all speak more freely~ instead of addressing ourselves the points a3~ounced in the legal notic~"o IVISOR ~L~RTOCCHIA: ~e would be giving you exclusive ~r~ STOIITEi%qB~q{GH: ~fe are asking for a public meeting with ~' ~ ~nd developers~ an informatio~al meeting rather than b ~mldez s a public ~earing where ideas can be put together~ You hear st~tement~fter st~temem, t end then everYo~g walks away. I thir~k we should~ave an informational meetingS then a response comes b~ck~ ~ge~should have something definite~ SI3~E{~VISOR ~ITOoCI{i~%.~ ~ · if you look three, or fo%~ years bgck~ you~ will see that whatever nas been brought to our Board mn the ~way of mdeas has v~ry often been ~ncorpo~ated into o,mr thm~mng Dn she throngs that we have done. ?klo ~TOUTENBItRGH: I feel. that thor should be more of a flow o£ i~eas that ~ genera~ informational meeting would bring forth. SUPD~V!S©R ~.~RTOCCHI~: Are you saying that it would in~¢olve these particular amendments, or are you thinking of' the future? Southold Town Board May 8~ 1973 ~S~. TIPPEE: I think Mr. Cron is the only one her~ who is repre~entlng builders. I would ask the To~ Board if, in the futt~e~ we could first have an informational meeting. I think it would have been very useful to get the builders in~ like the people representing Pebble Beach. R~ CRON:I I don't recall saying that I was representing. any builders~ ~fhat~ver 0o~ents I made were my own. :F~. De~A: The ideas of those of us who have been working on zoningireform have not be~n included, i think it's a very good ideaito have an infor~nationa! meeting where no other business ~s presented ~nd ~here we don't ha%-e to adhere to a strict sc~edule~ just ~n open discussion on such questions as changing the Ordinance and the point syste~. Th~ ordinary citizen doesn't know what that means. There is no reason why they should not share this.., something like the point system. There are such systems~ one is in Ramapo. in that case there was no n~oratorium. This is very complicated and it seems appropri~te to have an infommationa! meeting. The ~ole question ,f a~riculture is complioated..~ the possible change separating Residential and Agric%~tur~l~ environmental impact. All these/possible ~djustments could be listed in the agenda in an informational meeting~ and it ~fght engender a lot of ideas. SUPERVISOR. ~TOCCHiA: The To%a% Board has so many hours in a day~ so ~many ~ys in a we~tc. Zoning is not o%~ only problem~ ?~ny times the Pl~:ing Board and the Appeals Board meet until one or two~ o'clock in the morniD, g. One of our Judges, tonight, is r%~nin~ back and forth trying to do two things. We are giving everything tkat we~ve got~ There are not enough ho~s to meet all your problems~ Things are changing so fast. Ou~ PI~ '.~ Board works very hard, and for what we are paying them they sho~_d quit~ but they are doing a very dedicated job.. I feel o~ Board ~embers. live their jobs~ There are many good ideas to mull over ~nd we work on th~m constantly but c~'t meet all of these r~qu~sts. Just see how many ideas have been p~esen~ed tonight~ ~'Ye are giving it all we've got but there are not enough hours. ~e~ all work 'har~ for you. S~RLE¥ BACHR3~CH: Have you read the Southampton Zoning 0rdinano e ?: SUPERVISOR !~£4~RTOCCIT~A: It's one of the next things to do~ t~. STOUTENBURGH: You just stated that things are changing very rapidly. I would suggest you strongly consider the possibility of full time people on. the Boards because I don~t think you can do any more than you are with the limited time~ Possibly we need a full time Board and full time planning. Southo!d To%m Board ~16~ May 8~ !973 SUPEI~VI$0R ~SRTOCCHIA: You ha?e he~,rd about people who complain ~bout tab. es? . MR. STOU~NB~GH: I thi~ they will complain ~ore if you don~t serve them correctly, S~E~$OR ~~CC~A: Does anyone else wish to ~peak for or ~g~inst the ~mendment~? $~E~$OR :~CC~.: ~a.~ you all for co~:ag, 0 0 0 ,--! q-1 00~;0 00~0 0 0 0 ~ ~ 0 ~ I ~ ~ 0 03o ~ rt- ¢ (D rJ3 0 ~D ~0~ 0 ~rO~ · ~o o ,~ ~o ~- o ~o. o o.(1) ~io~ o',o ~ o 0 0 0 -,-I q~O 0 !~ 0 0 © ~ rt' 0 ~ ('D (l) ~ 0 ~ (3 ~'~{-t'.. ~ 0 I=,-.I-,. OD-, ~0,~ ~ 0 .0! .... co'O ~ ~ ~;'..!.~:,;'.:', ,.~';,~' ~': ;~ ~ 0 ~ . 0-. ~ 0 · ~ ': t. kt 0 O0 ~ 0 0 0 / ~ ~ ~-qqq 0~-~ oomo 00~0 ,~:-~z~ ~ ~ E. 0 .:0 M E N VOT E R S OF R~iV ER HE A D To: The Southold ~own Board Froml The iLeague of Women Voters of Riverhead Re: Public Hearing on Zoning Amendments, May 8, 1973 The iLeague of Women Voters appreciates th~ efforts of the Town Board in presenting these Zoning Amendments. Although we give these amendments our qualified support,, as follows,, we respectfully suggest that they are of mixed value. 1. 'We think that the recommendations for changes in Art. III of' tlhe present zoning regulations on yard sales and housing of anj. m~ls are logical. 2. :Sec, 303 of Art. III as proposed could perpetuate the type of architectural change typified by the extension of Frohnhoffer's in Southold almost to the edge of the sidewalk, thus changing the character of the center of Southold hamlet. We urge. a re- definition of Art. III, sec. 303, particularly in terms of maintaining the present character of our hamlets. ~;e need an Architectural Review Board or we will continue to look more and more like the West End of the County. 3. Other modifications of Art. III as to fences, hedges and pl~:ntings are reasonable. We ask that height of plantings at street intersections be more stringently enforced for safetY's sake. 4. The addition of Sec. 306 to Art. III of the present regu- lations is a wise decision, as is the additional square foot- age for parking space in Art. IV, sec. 602. Perhaps fewer fenders will be bent as a result~ 5. Deletion of references to smaller sized lots for single and two-family d%~ellings in the Bulk and Parking Schedule should be put off until all such lots have been built upon. And if this Amendment implies one-acre zoning, it is a curious 'way to state it and would in addition appear to be in conflict with the Amendment which adds sec. 306 to Art. III~ 6. The change in the Bulk and Parking Schedule to 150' front- age will probably not solve many problems and seems to us to be unreasonable. 7. The real problem as we see it lies in the amendment to Art. XIV with the addition of Sec. 1402 on cluster zoning. A complete inventory and analysis of open space in the Town was re- quested some time· ago by several civic organizations in the Town of Southold~ We believe that this is an important factor in decision-making for zoning .reform. Funds are available to help with this and we urge that it be undertaken before further zoning amendments are adopted. In this connec- tion we also believe that a complete review of all filed maps is urgently needed to determine exactly what the total population would be if every plat available were built on, We suspect this population would equal or exceed the total of resident plus seasonal houses, based on. water~-supply, ~¢hich the master plan~recommends. .~-~' -- Thg~~_~oard should have the authority to require cluster zoning when they think it desirable, To say that the Planning Board "may approve Cluster Development" is not enough. The 9mo~_of q ep_g_q_sDac__e set at 20%:.of the area to be developed is ].nadequate even though the net area could be further reduced as in Sec. 1402, sub. sec.~ la= ~uld be sufficient. Ne suggest that near a hamlet perhaps 30 to 40 percent In other districts at least half the area to be 2~ developed should be left as open space. N~..obj~c~_that no.L. op~.~.Da~_epreserved by cluster development is to be open to the public. There must be consideration for those who live here now, not just for those who move in.. If such beaches, woodlands, meadows and wetlands are of limited access, then the Town must acquire more open space for' public enjoyment. Some Revenue Sharing funds should be made available for this purpose.. Limitlationof__e%uster_development to one family deti~ched houses does not provide the necessary flexibility oflchoice essential to a viable com- .munity. We recommend mixed housing for cluster zoning to include town ihouses or attached houses. Many people, for both economic and personal reasons, prefer smaller dwelling units and less land to maintain, Ne fur- ther recommend that within the alleged one-acre townwide zoning, variations be permitted, so that developments around~existing hamlets.would therefore be less dense, ~e suggest that the entire Town be further divided into districts. For example, Southampton Town has a CR 80 designation, meaning country residential -- 80,000 sq. ft. or. 2 acres, Little specific reference is made in the Ordinance 'to the variety of =ondi~ions existing in the Town which must be considered .in zoning. For example: 1. Wood____~l_and__~s- the best area for recharge of water, 2. Wa__ter. domes - the U. S. Coast and Oeodetic Survey charts accompanying the Pirnie ~v{ater ResoUrces Report show the contours of our water domes very clearly but there .is no reference to ~ater supply or its location in the Ordinance. Restrictions on development around any area where s'alt water ~ntrusion is a problem should also be clearly defined in the zoning ordinance. 3. So!1 tyDe_s are important for drainage from cess~oo~ and 3. rain water recharge. 4~ Aqr___~icu_~lt_~ur,~a~__usaqe - If there is a real intent to try to pre- serve some agricultural lands, then some means of doing so should be outlined in the zoning ordinance. 5. Th9 t!~....~90d-~a~ must be clearly ~ndicated on the zoning map, 6. W_2et_~land___~sare only partially protected by our Wetlands Ordi- nance. No mention is made in the zoning ordinance 'to affirm the value of wetlands as highly productive areas in urgent need of protection from the encroaohment which continues bit by bit. Peconic Bay is the most productive Bay on the East Coast north of the Chesapeake. This productivity is a direct result of the wetlands around the Bays and our relatively clear waters. How much of our tourist business depends on our bays and creeks? 7. The relationship between both commercial and residential developments and existing or proposed roads or existing public transportation and traffic patterns must be more clearly de- lineated. 8. The effect of development on such things as hospitals, schools, tax structure and fire and police protection. 9. TO ensure that all important factors are consid~red by developers, an Impact Statement should be required by the Plan- ning Board to be presented at or before the Preliminary Hearing. In summary~ the League of Women Voters believes ~hat the Zoning Amend- should be based a. The To~n!$ Development Plan, water studies and the ss ~et uncompleted inventory and analysis of our natur~l resources b~ Compilation of data on all platted areas c. A summary of all previous studies of whatever kind that 4. have been. made of the Town We believe that Art. XIV, Sec. 1402, should be more flexible and detailed° We respectfully request that the Town Board adopt the present amend- ments and proceed immediately to gather the necessary information and statistics to further revise the zoning Ordinance. In the meantime~ we believe that because development is progressing so rapidly the Town is in a critical state and urge a moratorium on all new development except for individually owned lots until a completezoning reform is accomplished. l',:,~s, iodd H~is, President L~V of Rive.~head ~s. Kenneth Tiedke ~s. Hou~a~d Bachrach 5~ i .' NOTICE'OF PUBLIC HEARING · ' NOTICE IS HEREBY GIVEN i, ~, that a pUS,~c~!aearing-wfll be held I": the Gr~ff~_.t High SchOOl, Front. .,:istreet,. G~e~i~ort,'New York, on ;. the 8th;d~y of. May~1973, at 7'30 ] 'o'clOCk in'the even~ of.-~aid day ',. on the. :matter ..of th~_PropoSed "~' amendments-~t~b~. i~he/-~Outhold ~';I'' T°wn":'t~0ii~;~i~linariCe. 'Said :.~i~propOSed Amendi~en_.'-'-are ~ fol' ' .... " ;~S.' i s ,~i:! lOWS 7' '.-.~ .. ?:. '" I~?,, BY am~ndin'g Articld III, section: 3 B· ;epe ling sub- Article .,:.. :Section ~300(~.-;hy. 'adding a new .i.. subdiVision:' th~ret0, to be -sub- ~::: division 7: io :read ~s follows: :!-. 7.'-' .Yard ';~es, ,attic~ sales, ~' ~ ga~a~ge saies,-aUcti0n sales or i~. similar type sales of personal i' property owned by fhe .oc- : i'..cupant' of the premises and ,' located thereoni subject to i~'. the following requirements: (a) Not mo/'e than one such sale shall be Conducted on ;I any lot in 'any one calendar ~ _year. ~,.. (b) Adequate supervised parking, facilities shall'be h p ovided. · " (c) No signs, except one on- premises sign not larger than' 3 feet by 4 feet in'size,- displayed for a period of not ' longer than one. week' ira-. .. mediately prior to the day of ~,i: such sale, shall be permitted. · .(d) That a permit be ob- rained therefor from the Building Inspector .upon the' payment of a fee of $15.00. · -~:' III. By amending Article III, :'~ Section 300C, .subdivision' 5 to read as folloWs: 5. Horses. and domestic animals other than household :. ,pets Shall not-be housed ?/ within 50 feet of any lot lin~; Housing for flocks of more ..:i~ than 25 fowl shall not be . constructed within 50 feet of -' any line... [.,~ IV. By Amending Article ::Sectinn 303, to read as follows: ' SECTION ...... 303 - ':I~' ' ESTABLISHED FRONT. YARD SETBACK . Where property in the vicinity is 'improved with permanent dwellings ,with _ga front yard area of less than that required .by the provisions of this ordinance, the front yard setbackshalt be the average, .setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side· of the street, within the same block, and _~the same.use dis~trict_. COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: · Stuart C. Dorman ..................................... being duly Sworn. says that .. ,h.e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES,. a newspaper pubUshed ~xt Greenport, in said countw and that the notice, of which the annexed is ~ printed copy, has been published in the said sUffolk Weekly Times once in each week, ~or one ............................ weeks successively commencing on the nineteenth day oi ...... ~-,~~.~..~c, .~.~. ~ ~ ............ [... 7 ....... Sworn to before me this ,,.~'-"[ .... -5,// ~/ -" / / , yoa .................. / .,/ ///Res~ing in Suffolk County [ // . "V. 'B~-amending Article III~ Section 305, subdivision (a) to '-~ read as follows: · % (a) .When located in the 'i/.: front yard, along front yard :;~ .property line, the same shall - not exceed four (4) feet in :- height. ~i' VI. By amending .Article III, /.':Section 305 by repealing sub- '- division (d) thereof, . :" VII. By amending Article III by · adding .a new section thereto, to be-Section 306 to read as follows: SECTION 306 - .SUB~ STANDARD LOTS - in the L 9A"-District, in the case of a lot held in single-and i/ maximum number of lots ' that may be created, any i_~ .._ lands which are .subject to i' flooding or which are oc- i. cupied by public utility · " easoments in such a manner ' '!: .' as to prevent their use and development, shall not be' '~. ~ considered' part of the .total gross area. In.' a Cluster - Development, 'lot area, ' width, depth, front yard, rear i": yard, andside yards shall not i~-. be reduced by .more than 50 ;-." percent of the. minimum ~.:~ requirements set forth in the :. Bulk and Parking. Schedule. ~. (a) In compUting the.< separate ownership 'on the . -. 2. The area of'a Cluster effective '.dat. e~ of this or- _~ Development' shall-be in dina~ce ~d:~thereafter with I ~- single ownership Or. under an 'aYea and-or width of less .: . ~ unified control. than the requirements of this .: 3. Prior to the issuance of a ~:common PropertY to Homes Association free .)of any :cloUd o$ implied public dedicatiOn; and (ii) Commit the developer to convey· the areas .to the Homes Association at an approved times; and (iii) 'Grant easement of enjoyment .over ~the area to the lot owners'; and (iv)-Give to the Homes Association the right to borrow for improvements upon the security of the common areas; and (v) Give to it the right to suspend membership, rights for non-~payment of assessments Or infractiowof I. published' rules. i 6. Convenants shall 'be established l°ts limiting 5. A Cluster Development ., to one-family _use and all · ~. shall be organized as one of '~, common lands to_ open space. ] the following: (1)A Homes ~ i uses' N° structures- may be Association approved by the . erected On. such common Federal Housing · .Ad.- ·lands except as shown on the :. approved Site Plan. I /insuranceministrati°n'as fOr.a mortgage i 7. Each deed to each lot sold "PlanKed' ' i~shall include by reference all recorded declaratiOns and other Unit Development", and the Town Board; or (2) A Homes Association approved by the Town Attorney and Town Board; or (3). Any other arrangements approved by. the .TOwn -Attorney and'Town, Board as satisfying the intent of this ordinance. Whenever a Homes Association is · proposed,, the Town Board .shall retain the right to- review and approve the articles of incorporation and charter of-said 'Homes Association, and to require restrictions (including · assessments and' the .provision for liens, for non-payment, of such). 8. The 'Homes Association' shall 'be perpetual; .shall purchase insurance; pay. taxes; specify in .its charter and by-laws an annual' homeowner's fee; provision_ for asseSsments, and provide that all such charg.es become a lien on'each property in favor of said Association. The requirements reduced by25 ? approved by the Planning percent, Provided that all · !- Board in. accordance with other yard requirements are Article XIV of this ordinance complied with: i and the following conditions: VIII. By amending Article VI,~ (a) Said Site Plan 'shall Section602, subdivision 7 to read' include areas within which -as follows: '. .· structures may be lo~ated, 7. Parking shall · be i ":i the. height -and spacing Of provided _in offstreet paved ~ ,~ buildings, open space and parking a_reas which, shall '!!~ their landscaping, off-street provide for one. (1) parking ~ :: open and enclosed (if any) ordinance, a. 'single family ' building permit, in.a Cluster -- whatever conditions deemed · dwelling may be constructed ~ Development a Site Plan / necessary to insure'that the thereon with side" yard ~ shall _be submitted to' and "intent and purpose, of this · ordinance is carried'out. In parking spaces, and streets, driveways, and any other physical ~features relevant to the proposed plan, and (b) Said Site Plan shall include a statement setting forth the nature of all proposed, modifications of existing_ zoning, provisions, and .4. Nothing contained in this ordinance shall ~elieve the owner or his. agent, or the ~'d~Veloper 'of a P~0p°sed ?: Cluster: "D~Velopment from ::~::;.i,~ceiving!:~SubdiviSlOh 'plat '~. ApproVal' in ,accordance with the. TOWn Subdivision [:~iRegulations. In apProving' 'the .Final Plat for a Cluster ~ Development the Planning :..'Board may modify the acreage, requirement for appropriate use of land to recreation_areas as set forth facilitate the. adequate and 'in theTown's rules governing economical provision of subdivision review provided' streets and utilities and to i that the .common 'land preserve the natural and i dedicated meets., all other scenic qualities of open I reqtiirements ~f'; the Town space. -. SubdivisidnRegulations. 1. The maximum number of single-familY lots that may be approved in a Cluster Development shall, be computed by subtra~fting from the total gross area a fixed percentage of. 20 per- cent of said area,, and space,-three hundred fifty (350) square' feet in -area, for each one .-hundred· (-100) square feet of sales area o, 'office floor area in-eacL~ ~ building. - IX. By amending Article XIV by adding a new section;-to be section 1402 to read as follows:. SECTION. 1402 - CLUST~"~ DEVELOPMENT, ' - Planning Board may appro~:e Cluster Developments for, one-family detached · dwellings in an A Residential :' and Agricultural District aCcording to-the procedure and requirements specified. below. THe purpose of such, development is to provide flexibility in- the design and development of land in such a way as to promote the most consideration of said' ap- . proval, the. Town Board shall, in part, require the Cluster !~'Development .to meet the ~ 'following conditions: (a) The Homes Association shall be established as ,an incorporated n6n-profit organization operating under 'reCorded. land agreements. "through which each lot owner · ~:. (and any succ~ng 0wn~er) is automatically a member, and each lot is automatically subject to a change for a proportionate share of the expenses~ for the organizations's activities. -(b) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall ·be. given that it automaticall~ will be so placed within 'a ·reasonable period of time.. .. -(c) Each lot Owner shall have equal voting .tights in the AsSociation and shall have the right to the-use and enjoyment of the common · property. '(d) Once established, 'all responsibility for operation and maintenance, of the common land and facilities shall lie with the Homes Association. (e) Dedication of all- common areas shall be recorded directly on the 'subdivision Plat, or by - reference on the Plat 'to a .-.~ dedicatiOn, in a separately recorded document. Resubdivision of such areas is· prohibited. The dedication .shall: Association shall have'the right to proceed in ac-' cordanCe with all necessary legal action . for the ' foreclosure and enforcement of liens,, and it shall also have ' the right to commence action against, any member for the ' I. collection of any .unpaid ~ assessment in any court of I competent jurisdiction. [ · 9. The develoPer shall assume all responsibilities as previously .outlined'for the Homes Association until a majority of the dwelling sites are sold at which time the Homes' Assoeiation shall;-be automatically established. 10. Prior to Site Plan ap- proval the developer shall file with the Town Board a ~. performance bOnd to insUre.. ~. the Proper installation 'of all' ~i required improvements, and. ' a maintenance bond to insure the proper maintenance of all. common lands until-the Homes' Association-.. is. established. ·The amofmt and : ter}n of .said bonds shall be determined by the, Planning Board, 'and the form, suf- .ficiency, 'manner ~ ~ of executi°n, and' surety shall be approved by the Town. Board. · X. By .amending the Bulk and king Scheduie of said. 'or2 i diP~rance applicable to"A Remdentml D~stncts by .I repealing columns B in said 'schedule. i '- .- I XI. By amending the Bulk and Parking Schedule of said or- : dinance, by. increasing the lot ,:width applicable to'single family ~dwqllings in the "A" Residential I Distr'ict~rom~3~ ~e~t~t~i~0 f~et. ',Dated: 'Ai~i;'il~-;-ti;'~ .i973~'-"~' '. ' . . ., ' SOUTHOLD TOWN BOARD : ITA19 / / / STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: ALBERT W.. tiCHMOND,0rn, Sa s°fth2S°uth°ld'[" ToWn of Southold, New York, being duly sw . y he is over th~ .:. age of twenty-one years; that o~ the 24t. h day:.of" April 19 73 , he affixed a notice of which the annexed printed noti'c is a true copy, in 'a proper and substantial manner., in a most public place in ~c. he Town of Sout~old, Suffolk County, New York to wit:-: LEGAL NOTICE _ PUBLi:C~ HEARING.- · _ ~ Southold .'Town zoning OrdinanCe. 7:30 P..M., Ma~ 8'~ !973 i' . 'Town Clerk Bulletin Board,[ Town ~Clerk ' ~' ' ' '~,'.'.Southo. d, '~L. I'.:,N.y..i .j'~":: . . Sworn ~o .before m'e this _ Apr~il ,. ~'2'4th iday o.f 19 73 ~ No,.52~034,~963 Suffolk CountT~ ~ commission Expires March 30, 1'9~. / Albert W. R! d, Town C]_erk NOTICE OF.PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing Will be held by'the?S°uth°id Town Board at th& SuPervisor's Office, 16 South Street,.Greenport, New York, on ~he 8th day of May, 1973, at 7:30 o'clock in. the..evening of slid day on the matter of the pr.oposed amendments to the South¢)ld Town Zoning Ordinance. Said proposed Amendments are as foilo~;s: ..... · I.' By amending Article III Section 300B by repealing subdivision 14 thereof. II. By amending Article III Section 300C by adding a new subdivision thereto hO be subdivision 7 t° read as follows: ~ 7. ~Yard sales, attic siles, garage'sales, auction sales or similar type sales of personal property owned by the 'occupant of the premises and located thereon, subject to the follOwing requirements: (a) Not more than one such sale shall be conducted on any lot in any one c~ (b) Adequate super~ be provided. (c) No signs, exce ~lendar year. ,ised parking facilities shall )t one on-premises sign not large; than 3 feet by 4 feet i~ size, displayed for a period of not longer than one week i.mmediately prior to the day of such sale, shall be permitted. (d) That a permit Building Inspector Upon III. By amending Article III read as follows: 5. Horses and domestic )e obtained therefor from the the payment of a fee of $15.00 Section 300c, subdivision 5 to animals other than household · pets shall not be housed wi';hin 50 feet of any lot line. HOUsing· for flocks of more hah 25 fowl shall not be constructed within..50 feet f any line. · Legal Notice Page .2 IV. By amending Article IIII, Section 303, to read as follows · SECTION~303~- ESTABLISHED 'FRONT YARD SETBACK - Where prOperty in the vicinity i limproved with permanent dwelling With a front yard area of l~ss than that required by the provisiOns of this ordinance, the front yard setback shall '~ be the average setback of t~e existing dwellings within 300 feet of the proposed dwelli within the same block, and V. By amending Article III read. as'follows: (a) when located in th~ front yard, along front yard prgperty line,·the same sha~l not exceed four (4) feet in height. ng, on the same side of the stree the same use district. , Section 305 subdivision (a) to VI. By amending Article III subdivision (d) thereof. VII. By amending Article III , Section 305 by repealing by adding a new section thereto, to be Section 306 to read as follows: SECTION 306 - SUBSTANDARD LOTS - in the "A" District, in the case of a lot held in single and separate ownership on the effective date of this ~rdinance and thereafter with an area and/or width of less t an the requirements of this ordinance, a single fatally~ ~welling may be constructed thereon with side yard requzrements reduced by 25%, provided that all other yard requirel~ents are complied with. VIII. By amending Article VI, Section 602, subdivision 7 to read as fOllows: '1 7. Parking shall be pr~)vided in offstreet paved parking areas· which shall provide for one (1)· parking space, three · hundred fifty (350) square (100) ~quare feet of sales building. ~eet in area, for each one hundre~ ~rea or office ·floor area in each Legal Notice Page 3 IX. By amending Article xIV by adding, a new section, to be section 1402 to read as follows ':~SECTION 1402 - cLUSTER may approve Cluster Develo~ DEVELOPMENT - The Planning Board .ments for one-family detached dwellings in an A ResidentJ.al and Agricultural District according to the procedure and requirements specified below. The purpose of such development is to provide flexibility in the design and developme promote the most appropriat adequate and economical prc and to preserve the natural space. 1. The maximum nu~ may be approved in a Cluste by subtracting from the tot of~ 20% of said area, and di area by 40,000 square feet. (a) In computi that may be created, any la or which are occupied by pu nt of land in such a way as to e use of land to facilitate the vision of streets and utilities and scenic qualities of open ber of single-family lots that r Development shall be computed al gross area a fixed percentage riding the remaining 80% of the ng the maximum number of lots ads which, are subject to flooding 01ic utility easements in such a manner as to prevent their ~se and development, shall not be considered part of the tota~ gross area. In a Cluster Development, lot area, width, depth, front yard, rear yard, and side.yards shall not belreduced by more than 50% of the minimum requirements set forth in the Bulk and Parking schedule. · . 2.~ The area of a C~luster Development shall be in · single' ownership or under u ifie control. 3.. Prior to the isSuanCe of a building permit in a EIV of this ordinance. and ti~%e fOllowing conditions: Legal Notice Page 4 (a) Said Site Plan shall include areas within whiCh structures may be located, the height and spacing of buildings, open space an~ their landscaping, off-street open and encloSed (if any) parking spaces, and streets, d~iveways, and any other ph~sica1 features relevant to the proposed plan, and P n (b) Said Site la shall include a statement setting forth the nature of .existing zoning provisions, 4. Nothing contain the owner or his agent, or Cluster Development from re in accordance with the Town approving the Final Plat fo Planning Board may modify t recreation areas as set for subdivision review provided meets all other requirement Regulations. all proposed modifications of and ed in this ordinance shall reliev the developer of a proposed ceiving Subdivision Plat Approval Subdivision Regulations. In r a Cluster Development the he'acreage requirement for th in the Town's rules governing that the common.land dedicated s of the Town Subdivision 5. A Cluster Development shall be organized as one of the 'following: (1) A Homes'Association approved by the Federal Housing Administrat "Planned-Unit Development", Homes Association approved Board; or (3) Any other arr Atto=ney and Town Board as ordinance. Whenever a Home Town Board 'shall retain the articles.of incorporation a Association, and to require ion for mortgage insurance as a and the Town Board; or (2) A by the Town Attorney and Town angements approved by the Town satisfying the intent of this s Association is proposed, the right to review and approve the nd charter of said Homes whatever conditions deemed ~.egal Notice Page 5 necessary to insure that- th~ inten~ and purpose of this ordinance 'is carried out. In consideration of said "a "~'°Val the Tow B d ' h 1 .... the Cluster pp ,. n oar s 9 ±, in part, require DeVelopment to meet the following conditions: (a) The.Homes ~ssociation shall be established as an incorporated, non-profit organization' operating, under recorded land agreements through which each lot owner (and any succeeding owner) ~,is au.omatically a member, and each lot is automatically subjec~ to a charge for a proportionate share.of the expenses for t e organization's activities. '(b) Title to all common property shall be placed.in the Homes Associa.ion, or definite and acceptable assurance shall be given that i~ automatically will be. so placed within a reasonable ~eriod of time. (c) Each lot o~ner shall have equal voting rights'~ -- in the Association a~d| shall have the right to the use and.enjoyment of the common .property. · . ~ (d) Once estab Shed, all responsibility for · operation and maintenance, f the common land and facilities shall lie with the Homes ASSociation. (e) Dedication 'reCorded directly on the sut on the Plat to a dedication document. Resubdivision of dedication shall: (i) Save to the Homes Association fr~ dedication; and (ii) CommJ · areas to the Homes AssociatJ of all co~on areas shall be ~division Plat, or by reference in a separately recorded sUch areas is prohibited. The ~he title.to the common property le of any cloUd of implied public .t the developer to convey the on at an approVed times; and (iii) Grant easement of enjoyment over the Legal Notice· Page 6 area to the lot owners; andi (iv) GiVe to the Homes Association the 'right t° borrow for improvements upon the security of the common areas; and (v) Give ko it the right to suspend membership rights for non-p~yment of assessments or infraction of published rul~=~s. 6. Covenants shall be established, limiting all lots to one-family use and ~11 common lands to open space No structures may be erected on such common lands except as shown on. the approved Site Plan. 7. Each deed to each lot sold shall include by reference all recorded declarations and other restriCtions (inClUding assessments and ~he proviSion for liens for non'payment of such)~ ~... 8. The Homes Association shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and · by'laws an' annual homeowner's fee; provision for assessments and p~ovide that .all such charges become a lien on each property in favor of said Association. The Association shal have the right to proceed in accordance with all necessary · legal action .for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any 'unpaid assessment in an' coUrt of competent jurisdiction. ' · 9. The developer shall assume all responsibilities as Previously outlined for the Homes Association until a majority of the dwelling sites are sold at which time the Homes Association shall be automatically established. Legal Notice Page 7 ~ 10. file· with the· Town Board a proper installation of all Prior to Site Plan approval the developer shall performance bond to insure the required improvements, and a maintenance bond to insure the proper maintenance of all common lands until the Hom,~s Association is established. The amount and term of sai~ bonds shall be determined by the. Planning Board, and th~ form, sufficiency, manner of Shali be approved by the Town Board execution, and surety . X. By amending the Bulk a] ordinance'applicable to "A" Res colUmns B in said schedule. Parking Schedule of said .dential Districts by .repealing XI.· By amending the Bulk a~d Parking Schedule of said ordinance by increasing the lot 'width applicable to single family dwellings in the "A" Resident~ai Districts fro~ 135 feet to 150 feet. Dated: ·A ril 11, 1973 SOUTHOLD TOWN BOARD Suffolk Co~mty Departm,~nt of Planning Veterans Memoria! Highway Hauppauge, New York 11757 April 25, 1973 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, No Y. 11971 P etiti~ner : S.C,P~D. File No,: Dear Mr. Richmond: Pursuant to the requirements of Sections 13 Town of Southold Amendments Art. III-Sect. 300B,300C 303,305,306 Art. VI-Sect. 602 Art. XIV Sect. 1402 SD-73-12 23 to 133Z of the Suffolk tion wkich has been re- County Charter, the above captioned applica ferred to the Suffolk Comity Pla~ming Commission is considered to be a matter for local determirmtion. The decision of local determina- tion should not .be con-~trued as either a~ al:proval or a .disapproval Comm e nt s: spectfully yours, e E. Koppelrnan rector of Planning Lc GGN: ec by % VITAL STATI E~TI C~ ntlemen: ..... .~ ~' . This is to acknowledge receipt of written notice of '..i. :: ... proposed amendments to the Southold Town B'l;:J_l. di. nc~. . '.. ~ ', he ld · tt'., e ': ' ' _Zone Ordinance Public hearing 'to Dc. on .... -.......- ' - Kindly sign the duplicate copy of this letter arid return to this office i,n the self-addressed envelope · enclosed, for our records' ': ~'-: "': .... Ve~,y truly A1Lert W~ Ribhmond ' To~ Clerk TELEPHONE CC: Town of Riverhead Town '0~ shel~'er ,.isiahd ..... ....- ~.,"~ Town' of Ss'~%h~mPt0n.- .'-?.- " Town of East HamPton Village of Greenpoz~ Village of Dering Harbor S~ffolk County'.'Plahning Corn lission ~New..York state'-Office of Pa~ks & Recreation · VITAL TELCPH{~NC Gent lemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold Town Building Zone Ordinance."' Public hearing to be-held on the. ~tn day of May, l~/J at 7:30 o clock in the ~v:,,:,,~.. Kindly sign the duplicate copy of this letter and return to this office in the self'addressed envelope enclosed, for 'our records- Very truly you~s~-°~) . Albert W. Ri6hmond To~l Clerk CC: ToWh-:",Of Riverhea,d:..: :;--':~ ...-! ..- · ....'~ .... : Town of Shelter: %stand Town of .Southampton,. ... Village of Greenport ~/Vi. llage of Dering-Harbor ' Suf~fo,tk County-:~.P.;lanning Commission · New York state Office of Parks & Recreation '" 'ALBE~T W. F~II~HM~ND TDWN CLEEK .:. I~E~[~.IST~AR O~'~VITAL, STATISTICS .'. "/':'...i:ii.7 '" .i. ·'··This· is to acknowledge receipt o~ written notice of . K~ndZy si~n ~ho duplicate copy of ~h~s lek~er and ....'....:~....'~.;.:.'7~...., ..'~ return t° th~s. off,co ~n the ae~f-addressod onuolope enclosed, for our records' . ~_ cc: To~ ¢~ R~vOrhoad Town o~ Shelter Island ' Tom of Southampton ~ [,~oWn Of ~as~' Hampton .':.:-..'.'.~ .: Suffolk County PlannSn~ Commission . . ~:..'.." .~ew YOrk State Off~ce of Ve~y, truly , ~..~ . . · : i,-"'.. ~ '.,;._ ,-' .... ....... ~1~ort ~. R~hmond Tom Clerk TELEPHEJNE Gentlemen: This .is to acknowledge receipt of wr. itten notice of proposed amendments to the South~ld Town Building So.ne Ordinance.~ Public hearing mo'be held on the y of May, 1973 at '/:30 o'~c_Ock"in'"'the evening. Kindly sign the duplicate copy of this letter and return to this-office in the self-addressed envelope enclosed, for our records' Veery truly you~:s.~-~3 · o~ C~e~ -CC: ToWn',of Riverhea'd ' : = Town of Shet'~er': Is-land Town of Southampton Town o~ mast Hampeun Village of Greenport . ... ...Village of De~ing Harbor - ~..~'U'~':folk ~°~nty'pianning commission .--~New York State Office of Pa~ks & Recreation · .:...;. ,:·ALBERT W'. RICHMONO ~ Gentlemen: "This is to. 'acknowledge receipt o~ written notice of ..-.".:;.:'."'..'.'~ .'. .proposed 'amendments to the South'lold Town Building ':'..'i'..:';'!.}'.:."i ':..' .''" '.. Zone Ordinance." Public .'hearing lite be held on the ....."..;....~...'i"i:.':.:.'...'...;:',' '8'th .day of May, 1973 at 7:30 o'cl]ock in the evening. · I "'""':"'""'":'"":';"':""'"'"'"':'":'IEindly sign the duplicate copy o~f this letter and ';;".'".",,'.'. ".""."." "... return to .this office in the sel,~-addressed envelope "'"' ::¥' "· '" enclosed, for our records' " . '-..'." .: .... ' : CC:'.. Tow~n o'f Riverhead ."..'::'... : ...' ""//.'..' ,i' "." '" ' Town of..Shelter- Ts land - - ,.- .- .. :' .'. . ' .' ..~own East Hampton .' .. "'i "..".'" :" '. .... ~iltage of'Greenport . :,: ';:.':...'i:i'ii':'::' ':i' ."' '- Village' of Dering. Harbor '1'.: ";.::':.',"';'"':.': i"' .-'TMi Suffolk County Planning Commission ·.,'..::'i..'.'.:.i .";: ;'..i-.::, .....'.'... .'" New.York. state.Off±c~., .. of... Pa!~ks.. & Recreation · -;"... "':, :."..".':...:. . · Very truly.'yo~s,~ Tom Clerk TELEPHOf~E )I~[D)~TI~AR OI~ ~IT.A,L ~iTATISTI~E~ TELEPHONE. Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the South01d Town Building Zone Ordinance.~' Public hearing ~o be held on the 8th day of May, 1973 at 7:30 o'clock in the evening. Kindly. sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for our records. Very truly you~.~c.~~ Albert W; RiChmond To~m Clerk cc: Town of Riverhead ~/Town of Southampton -~ Town of East.Hampton Village of Greenport Village of Dering Harbor .. Suffolk County Planning CommissiOn New York State Office of Pa~ks & Recreation Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold To~n~ Building Zone Ordinance. Public hearing ~.o be held on the 8th day of May, 1973 at 7:30 o'clock in the evening~ Kindly sign the duplicate copy of this letter and return to this office in the self,-addressed envelope enclosed, for our records. V r~T L i s e ,~ '~ru y youfr.~-~: Albert W. Ri6hm°nd To~ Clerk T£'LEPHONE 7~$'37~3 cc: Town of Riverhead ~wn of Shelter Island Town of soUthamPton -': ' · o~n of gast'Ham~ton Village of.~reenport Village of Dering Harbor Suffolk County Planning Commission New York .State Office of Parks & Recreation ~£E~I~TRA~ ~F' VITAL EITATI-~TI~e= 'TELEPHQN~ Gent lemen: This is to acknowledge receipt of.~written notice of proposed amendments to the SouthGld Town Building Zone Ordinance.' Public hearing to be held on the 8th:.da~ of May, 1973 at 7~3.0 o'ci.ock..in the eveninq. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed,, for our records. Ver~ truly yo~s~ .... - CC.: 5~own of Rivgrbead Town of She~ter Is l. and ]--' ' ..... ; ' ~' Town.--of Sout~h~m~.~.,°n'.'. ii:).".. ":': :" ' ~ :'r'"' Town .of East .Hampton Village of Gree~port Viliage of D~.i.n~.Harbor Suffolk County P~anning Commission ' New York-.':..State .Office of Pa~ks & Recreation ALBERT W, E]FFI ERK SOUTHOLD, L. I., N. Y, 119'7'1 Gentlemen: ' This is to acknowledge receipt of written notice of proposed amendments to the South~ld Town Building Zone Ordinance. Public hearing t'o be held on the 8th day of May, 1973 at 7:30 o'cl~ock in the evening. Kindly sign the duplicate copy of this letter and return to this office in the self~-addressed envelope enclosed, for our records. Vezy truly yo~ At~ert W. RiChmond To~ Clerk "; s ~-3 7 ~1 -"4 cc: Town of Riverhead Town'of Shelter Island Town of Southampton Town of East Hampton Village of Greenport ~ Village o~ Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreation Suffolk Co~mty' Department of Plann/ng Veterans Memorial Highway HauPPauge, New Y;ork 11787 April 5, 19731 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, N.Y. 11971 Dear Mr. Richmond: Petitioner : Town of Southold I~X~~.XX~ Amendments to ~he Zoning Ordinance, Art. III, VI and XIV S.C.P.D. Fil~ No.: SD-73-9 Pursuant to the requirements o£ Sections 1323 to 1332 of the Suffolk County Charter, the above captioned applica, tion which has been re- ferred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determina- tion should not be construed as either an approval or a disapproval. COmmentS: GGN:ec R~ spect£ully yours, Lel.e E. Koppelman Director o£ Planning TOWN. CLERK 765-3783 Building Dept. 1 Planning Bd. 765-2'660 Board of. Appeals Town Of Southold TOWN CLERK'S OFFICE Ma|n Road Southold, N. Y. 111971 Pursuant J~o {'he .General Municipal Law, Cha~er 24-, of the C~nsolida±ed Laws, Article 12-B, Sections 239-1 and m, the .. ~....~.~.,.~,.....~,;:.,~ ......~ ............... of the town 0~ $outhold,' N. ¥. hereby refers the ~ollowing · ~'.': lo,~i~c---t proposed zc>nin,g action to the Suffolk County Planning Commission,: (check one) ............ New and recodified zoning ordinance ~. Amendment to fha zoning ordinance ............ Zoning changes ............ SPecial. permits ............ Variances Locati.on of affected land: .m.~. ":.~ ,~'~ ~ ~." ,-~... .... ......... .~.~... ¢~ · .....-.~:~.~:~,,~. ................................................................... within 500 {eel' of: (check one or' more) ' ..... ..~ .... Town or village boundary' line ..~ .... State or county read, parkway or expressway ..... ~. State or coun~ ,park or recreation, area I. Sfrea,m, or drainage channel' owned by fha cou.n~ or or whi,ch the coun~ has established channel ..... ~:' lines ~ ...... State er county ..owned ,parcel' on which a public bui Jing is situated Date received by Suffolk Co. unfy Planning Commissi.on ............................................................................. File No, ................................ ,ALBERT W. RICHM~3ND TOWN CLERK REBI~TRAR i3F VITAL BTATIBTICI~ SDUTHDLD, L. i., N. iY. 119'71 Ma~ch 14, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear Mr. Wickham: The original resolution of the Sou%hold Town Board proposing amendments to the Building Zone Ordinance of the Town of Southold together wi~h the Building Zone ~{aps forming a part thereof is in, the filew in the office of the Planning Board. You are instructed to prepar~e an official report and recommendation in accordance with the applicable provisions of law, and forward a icopy of this resolution to the Suffolk County Planning Commission. Ver~Y truly ~ours, Albert W. Richmond To~ Clerk At a meeting of the Town Board o? the Town of Southold, Suffolk County, New York, held at the Supervisor 's Office, 16 South Street, Greenport, New York on the 13th day of March, 1973. RESOLVED that the following pro..Iposed amendments to the Building Zone Ordinance of the Town of Soul:hold together with the Building Zone Maps forming a part thereof be and the same hereby is referred to the Sour'hold Town Planning Board and the Suffolk G, ounty Planning Commission for their · report and recommendation in accordance wit'h the applicable provisions of law'. ZONING ORDINANCE AMENDMENTS Io ]By amending Article Iii, Section 300B by I!. BY amending Article III, Section 300C by to be subdivision' 7 to ·read as follows: ~epealing subdivision 24 thereof. adding a new subdivision thereto III. By amending Article III, Section 300C, s IV. By amending Article III~ Section 303, to VI. 7. Yard sales, attic sales, garage sales, auction sales or similar type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such s!ale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parl:ing facilities shall be provided. (e) 'No signs, except one on-0remises sign not larger than 3 feet by 4 feet in size, displayed for a oeriod of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) That a permit be obtaine( therefor from the building inspector upon the payment of a fee of $15.00o ubdivision 5 to read as follows: 5. Horses and domestic animals oi:her than househo].d pets shall not be housed ~vithin 50 feet of any lot line. Iiousing for flock, s of rno.ue ~:.ha~ 25 fowl shall not be constructed within 50 feet of any line. read as follows: SECTION 303 - ESTABLISHED FR()NT YARD SETBACK - Where property in the vicinity is improved with permanent dwellings with a front yard area of less than that requi.~'ed by the provisions of this ordinance, the front yard setback shal.[ be the average setback of the existing dwellings within 300 feet of th~~ proposed dwelling, on the same side of the street, within the same blo2k, and the same use district. .]By amending Article iii, Section 305 subdlvision! (a) to read as follows: . (a) When located in the front yard,/along front yard property line, the same shall not exceed four (4) feet in height. By amending Article Ii!, Section 305 by repealing subdivision (d) thereof. VII. By amending Article.III by adding a new to read as follows: SECTION 306 - SUBSTANDARD LO' case of a lot held in single and separat of this ordinance and thereafter with al the requirements of this ordinance, a section thereto, to be Section 306 PS - In the "A" District, in the e ownership on the effective date area and/or width of less than ingle family-dwelling may be IX. constructed thereon with side yards 'requirements reduced by 25%, provided that all other yard requirements are complied with. ]By amending Article VL Section 602,: s 7. Parking shall' be provided in c shall provide for one (]) parking space, feet in area~ for each one hundred (100) office floor area in each building. By amending Article XfV by adding a ne' as follows- ~ ubdivision 7 to read as follows: rfstreet paved parking areas 'w'hic}~ three hundred fifty (350) square square feet of sales floor ar'ca or section, to be seel:ion 1402 to read SEC% ION 1402 2 cLUSTER DEVELOPMENT - The '}?lanning Board may approve Cluster DevelOpments for' one-family.'~ detached dwellings in an A- Residential and Agricultural District according to the procedure and require- ments specified below. The purpose of such development is to provide flexi- ! bility in the design and development of la~d in such a way as to promote the most approPriate use of land to faeilitate[.the adequate ai]d economical pro- vision~.~ of streets and utilities~ and to preserve the natural an~l sceni, c qualities of open space. ' [ ' 1. The maximum number of sl~ngle.-family lots that may be approved in a Cluster Development shall ~e computed by subtracting from. the total gross area a fixed percentage of remaining 80% of the area by 40, 000 sque (a) !n computing the maxi created, any lands which are subject to fl public utility easements in such a manner development, shall not be considered parl ~0% of said area, and dividing thc re feet. mum number of lots l:ha.t may be ooding or which are occupied by as to prevo~lt their- uso and of the total gross area. in a Cluster Development, lot area, width, de>th, front yard, rear yard, and side yards sba11 not be reduced by more t~an' 50% of the minimun'~ require- ments set for~th in the Butk and Parking Sdhedu!e.. . 2. The area of a Cluster .Deve'l~pment shall be in single ownership or under unified control 3. Prior to the issuance of a bt merit a Site Plan shall be submitted to and in acCordance with Article >fi'V; of this ard (a) Said Site Plan shall ine] may be !oeated, the height and spacing of landscaping, off-street open and enclosed driveways, and .any other physical feature., (b) Said Site Plan shall in.el nature of all proposed modifications of exi~ 4. I<~othing contained in this etd agent, or the developer of a proposed Clus Subdivision Plat Approval in accordance wi In approving the Final Plat for a Cluster D~ modify the acreage requirement fop recrea rules governing subdivision review provide !ilding permit i.n a Cluster Develop- approved by the Planning ]-~oard [nance and the fo].lowing conditions: ude areas w'i. ttdl~ 'v~rl~ic}~ :.~trucl:upt~s .uildings, open spaces and their if any) parking spaces, a.~(] strcel;s, relevant to the proposed p.l~,n, a.~(I ude a statement set~ing forth the .ting zoning provisions, and nance shall relieve thc owner or his :er Development from receiving th the Town Subdivision Regulations. Cvelopment the Planning Board may :ion areas as set forth in the Town's that the common land dedicated n2eets all other requirements of the Town S tbdivision Regulations. 5. A Cluster Development shall be organized as one of the following: (1) A Homes Association approved by ~he Federal [-lousing Administration for mortgage insurance as a '.'Planned-Unit Development", and the Town ~{oard; or (2) A Homes Association approved by the Town Attorney and Iown Board; or (3) Any other arrangements approved by the ~Fown Attorney and Town Board as satisfying the intent[ of this ordinance, lVhenever a t{om%s Association is proposed, the To~wn Board shall retain ~:he .~rig'ht review and approve t~e articles of inter-'potation an(~ cl~a.,~[c:r. of ~a'id Association, and [o require wire,ever c~nditions deemed llCC(~Yli.~l"y that the intent and purpose'of this ordinance is carried out. .tn cons..dcr'a~:[or~ of said approval, the Town Board shall,[ in part, reqtlir(¢ [:l~c Development to meet the following conditions: (a) The t[omes Association shall be esCablishcd~.s ~n J. nco'r porated. non-profil organization opera~ing under[recorded land aarecn-tcnf:a which each lo~ owner (and any succeedidg owner) is au[omatically and each lo~ ia automatically subject to ~ charge for a proportionate share of the expenses for ~he organization's acti'~,ities. (b) Title to all common property shall be placed in the Association, or definite and acceptable ~S~uranee shall be given that automatically will be so placed within a reasonable period of tim~. (c) Each lot owner shall have[ equal voting rights in the Association and shall have the right to the use and e~joyment of the common property. (d) Once established~ all responsibility fOr operation and ma'i~e~ance of the common ]and and facilities shall l~e with the ]lomes Associa~;ion. · (e) Dedication of all eomn~on[are:m sl~a].l bc "cc~'ded ~ti'~:'ec[ly the subdivision Plat, or by reference on[l:he Plat to a dedical, ion i~ a recorded document. Resubdivision of s~ch areas is prohibited. The dedica, l~[on shall: (i) Save the title to the c¢ Association free of any cloud of implied p (ii) Comrnit the develope: Homes Association at an approved times (iii) Grant easement of e~ owners; and ,mmon property to the ['leto. es ublic dedication; and to convey·l:he areas to the and joyment over the area to t~m lot · (iv) Give to the tlomes A., sociation the right: to borrow fop improvements upon the security of the c~mmon areas; and (v) Give to it the right to buspend membership rights for non- payment of assessments or infraction of published rules. " · 6.. Covenants shall be established, /limiting all lots to one'family ~,se ' and all common lands to open· space useS. No structures may be erected on such common lands excep[ as shown on ti 7. Each deed to each lot sold shall declarations and other restrictions (inclu for' liens for non-payment of such). 8..The Homes Association shall b( pay taxeS; specify in its charter and by-l: ~e approved Site Plan. include by ~'[ ding' assessments and l, he pr'ovision perpetual; sl~a. ll purc'lmse ~ws an annual homeowner's fcc; provision for assessments, and provide that, all sucheharges become a. lien on each property in favor of said Association. The Association shall. have the right tO proceed in accordance with all~ necessary legal action ;.For the foreclosure and enforcemen~ of liens, an~,. it shall also have ~hc right to commence action agains~ any member for[ the collection of any unpaid asscss- menl in any court of competen~ jurisdictida. 9. The developer shall assume all responsibilities as previously out- lined for the Homes Association un~il' a majority of the dwelling sites are sold at which time the Homes Association shall be automatically established 10. Prior to Site Plan approval theI developer shall £ile with the Town Board a performance bond to insure the proper installation of all required improvements, and a maihtenance bond to insure the proper maintenance of all common lan~s until the Homes Association is established. The amount and term ~of said bonds shall be determined by the Planning Board, and the form, ~ufficiency, manner of e " and surety shall be approved by the Town Board. ~xecu. t~on, X. By amending the Bulk and Parking Schedu.ie of said ordinance applicable to "A" Residential Districts by repealing columns B in said schedule. XI. By amending the BUlk and Parking Sched. le of said ordinance by' increasing{ the lot width applicable to single family dwelling~ in the "A" Residential Districts from 135 feet to 150 feet. M~rch 6, 1973 ::.>,~-~!o Mr, ~.rtocchia and ,~l~mbezs of' To~. Board: ~he League of Women; Voters ~f ~iverhe~d is pleased that Town Offi~'iats ~,re revi~ing ghe goring Ordin.ance. '~e support tho ,oncepts stated on behr~lf of thee E'orth Fork Environmental Co,oil, Inc, ..by thoir ~oning ~ofo~ Committee and would like to stress certain points I m I I. ~ detailed envir, or~ental impact statement should be Such ~. statement should ~o:ver the pi~n's retation~ ship to tho Town Development ~lan r~nd the B~-County Pl~,n ~nd. o,he:~'. ~tems including but:. not Develooment ' ~ ~ ' ' ' ~ ' limited to: Open spaco provision (~,hether private~ Association ownod~ or deeded to the Town~) Pond and wetlands prot~ctio~ (both salt and fresh) Extent of dredging, filling or leveling Traffic patterns Water tests : ;Effect on Town services~, including schools Provision for. leachingifields and dry' w~lis for:~ water' '~ recharge Undergro~u~d 'ut i!ity 'wiring General environmental and architectural oon. sis- tency 'with the area We believe that the Town Advisory Council should con- sider and co~ent on such :an i~p~.ct statement ~nd that: the impact state~e:nt and comments should be p~.rt of the' Preli~inary Publicl. Hearing held by the Plznning Board. 2~ ~!!.o~erate and iow-income housing must be continuously ........ · '. ~ ,-.,'w..' ,~i~. '~:' '~'~'?' '-' .'~r',~.',,'~ ~'~ 'z~ ~'~.~ ~'.,~.i ~ ,.',.~?~r. -~--'. .... .~.~ ~.~..I ...... ~, ...... ; ~ .:.,~ :~ ..... ~ ...... ~ ~. ,~ ....... .... ~ ....... , ..............· ..... ~.,~ ~..'c ~ f i~.t -- ur~ developments should apportion a p~rc~ntmge of the mcr~mge for moderatm mhd low incom~ o~ership while maintmining, the over-all density requirement, We 'would encourage ~ limited use of mixed housinE'. in ~ development particularly~ near existing hamlets. A percentage of the allowable units to be built in the form ofl multipledwellings would help to provide much- needed choic'e~ particularly for the young or elderly · who want a pleasant environment without too much prop- ert~ to take c~me of and within walking distance of a business .c:enter, Therefore, higher, density devetop~ent: should be located'close to existing populat'ion centers. Lower density developmant should be located in ~.ore re- mote areas, 'ir Cluster;' :Zonin~ should not onl~ ~e~itted but ~'~ ] t · ~j~o'~ ~t~-~nt- &,~.orov~ ] ' ;~:.,~::..:,....~_..::...:u:,~:;_..==~,..::::_.:~x~::~.:~,,,~.,:,~.,.:,~.: Pri,o~~ ~pp~ov~l ~ust be require~. The ~g~a --'~'n ........... ere. ,.,~'~'".",~'~,.~,..,.. ~itional s~est~ons~ ~.o~ zon~n~ Fo~ ~o~ '",~, ........ ,i ~,,...-~ ~ .... , I .p~~.~c~ bond.~: A.t ~n~~ performance bonds cover M-O.~;[~j~ q.~..,~.i ~' '~ 'i l';"t '~', '.;.?i ~"; ....... ~..~, o~,~.~ and should be required for "-'-~ ..... ~; ~;.G.'t;I o:n u ,: .. ,, u~ ",",. ~. .i ,~..,.&in~ge patterns, trees over ;.~., c.e.f"i;~.~:L~';~ ~.~i.~,e ,,, ..... 1.4 ............... ~oonds, ~avi~s, nat~al ~der- :.~.,~,::. ....... i~, 'i .z'cu:~ort~.nt for erosion control and/or '~.~.'.~ t~ ;~.Z~&~ ];..~' .~., ~.,:.'... ~_.~ 2, '""~"-i'-"' ':'~ 2 "" -" ...... " ,.~ ......... ,~X ...... O;~'." ;.u ,...~ .... ,:,,.. ~.,,:~ :,;.,,. ~zain~s erected on z bluff · "~'" .... ,".~"'~ .... ':""'" ~', *~" ,""~'~"~'~",',~,"~ ...... ~ ~,~V~ ~ -' .,.'..,..~ · , ag 1 ~"rc~'r.'~ ,.,r l~'.: ,~:~r~ ........ ~.,~'"'~' ...... to .r'.v'O:L([~ ~" ....Y. ~ ....... '.: '" 0;Q ~ ~, ... . ............ ',.. ,.. ., ............ .i,. ~, 13 ~ '[;, ~he-League' eft ~'~$n:. Votems is awaze ~hat the To~n Bo~ ~n~ To~n Planning Board .~i~e :implementing many of the co'ncepts of the Town's Development. i~lan, :. In order to allow time to ~tudy and further forc.~..'~' ~:~(:a.~ ~X0~:'~ .w'Iti~ 'rc'i,~:'~ officials ~ ~nd w~os~ expertise should ! i ! / ; Mrs}x,:~enneth Tiedke, .President Leg~e of Women 'Voters of / , HENRY H. I~I~i£MANN Box 50D Pine Tree Road Cutchogue, New York i 1935 11944 At; a reg~,lar me.ting of the Southold To~2 Planning BOa.~ On February 8, 1973, the. following resolutions Stud , Vol. Ii, ,Suffoik-----------~ - C.ount~ ~ New Southol~ To~ Zoning Ordinance~ an~ r~u~ all '~R~OLVED 2hat th~ $outhol~ To~a Planning Board r~qu~t~ the Southold Town Board to move imme~tately to. am~n~ the ~outhol~ Town ~oning Or~inan~e ~o ~vi~ for ~~~. In ~pl~ent~g thiS, ~hhe Pla~ing building lin~ by no more 2~n 50% an~ si~e ya~ clearances (2) ~der no ~i=c~s~ances will multiple resi~ce~ ~ ~ re~o-r~e~ wi~ ~e Suffolk~Co~ty Clerk guaranteein~ the February 9~ 1973 open area will remain open and in private, taxpaying ownership~ and (4) there must be a Property Owners '~R~SOLVED ~hat 2he maximum number of single-family tots that, may b~ approved in a majo~ sub~ivi~ion ~hall be oompute~ 'by subtrao~ting .from the total gro~s, area a remaining~80% _of the area by the following minimum John Wiokham,. Chairman Sou,:hOld Town Plann~[ng Boar~ COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman D/rector of Planning Suffolk County Department of Planning JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. I., N. Y. 724-2500 February 2, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Cutchogue, New York 11935 Re: Cluster Zoning Dear Mr. Wicl~am: I believe we both share the same desire to secure the best possible planning for the Town of Southold which, to my way of thinking, means the preservation of the maximum amount of prime agricultural lands. In this regard I have been on record for a number of years in favor of the least possible density for the Town. I appreciate the successful work being carried out by you and the other men~bers of town government in moving in this direction. I know you are interested in the propositioni to change the overall zoning from a possible one-acre category to a definite one-acre category. I believe this is essential for the future of the Town. Howeker, this is only the first half of what has to be a two-phase process. The one-aqre zoning will establish the overall allowable density. In order to save. open space it would be desirable to allow clustering to take place instead of the custolmary urban sprawl. From a design point of view, even if the Town approached ,it very simplistically and allowed houses on lots of one-half acre size, you wbuld automatically have fifty percent of the overall parcel permanently open. ' Clustering is the only example where everyone wins. The .builder gets the same yield but actually makes more profit because he has less roads to develop. The Town wins because it receives the same taxes and has less roads to mai'ntain. The Town may also acquire at no cost parcels for parks, schools, and fire de- partment use, and the overall community gains because these priceless open areas will not be totally lost. John Wickham -2- February 2, 1973 Legally, this objective is simple to obtain. Under Section 281 of Town Law, the Town Board, by simple resolution, can authorize the Planning ]Board to handle the clustering matters as automatic parts of your subdivisiOn procedures. Within such procedures you can draw up the guidelines to suit your own community. This would include maintaining similar housling types, if you so choose, rather than allowing for other than single family ,u~its as well as other site design crt- te ria. For your interest I am sending you a copyI of a brochure covering this subject in greater detail discussing the pros and con's in a fairly clear fashion. If I can be of any further service to you please do not hesitate to request it. My best wishes to you for the coming year. Cordially, Lee ]E. Koppelman Director of Planning LEK:cb eric. AMENDMENTS TO SOUTHOLD TOWN ZONING ORDINANCE Article I - Definitions Page 1, col. 4 After Dwelling Unit add: ELEVATION OF LOT - The height of the lowest point of the lot above mean (average) high water ma~k as set by the United States Coast and Geodetic Survey data at the building or setback line. Article III, Section 300 B-14 Page 3, col. 1 Eliminate B-14 Article III, Section 300 C page 3, col. 2 Add new section C-7: Yard sales, garage sales, attic sales, auction sales or similar sales of personal property, provided that not more than one such sale shall be conducted on any lot in any one calendar year. ' Such sale shall be:~ (a)'~t~mited ~Oi~personal property of owner or tenant. (b) limited to one specific date~and one specified rain date. (c) applicant shall provide~supervision of parking so as to not block traffic on public street or neighbor's driveways, etc. (d) one "on premises" slg~ not larger than 3' x 4' may be disPlayed for one week prio~ to' such sale and removed immediately thereafter. (e) a permit required from the Building Inspecto'r for such sale, fee for same to be $15.00 paid in advance. Article III, Section 300 C-5 page 3, col. 2 Change Section C-5 to read as ifollows: Horses and domestic animals other than dogs, shall not be housed within 50 feet of any lot line, Housing for iflocks of more than 25 fowl shall not be Constructed within 50 feet of any line. Article III, Section 303 page 3, col. 3 Add to end of paragraph: ,i~if the setback is less than minimum required and in no case where the setback is more than 110% of the required setback. Article III, Section 305 page 3,col. 3 Change Section 305 to read as follows: FENCES~ WALLS and HEDGES Subject to the provisions of Section 304, fences, walls, hedges, or other live plantings may be erected and maintained subject to the following height limitations: (a) When located in the front yard, along front yard property line, the same shall not exCeed four (4) feet in height. (b) When located along side and rear lot lines the same shall not exceed 6 1/2 feet in height. (c) ~When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. (section 'l(d) is eliminated.) Article VI, Section 602 - 7 page 4, col. 1 Change 7 to read as follows: .Parking shall be provided in offstreet paved parking areas iwhich shall provide for one (1) parking space, three hundred fiifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each building. Amendments to Zoning Ordinance Page 2 Article VII, Section 801 page 4, col. 4 At end of paragraph add: Section 1101 and/or as specified in Article XI, Article XI Section 1101 page 4, col 4 Add to list of uses for off-street parking reqc~ire~ents: Factories, assembly plants, etc. - Parking at ratio one (1) square foot Pa~kilhg for each square foot floor area. StQra~e and warehouses - One parking space for each 1,000 square feet floor area and increase by one (1) space for each additional 5,000 square feet floor area. Contractor's ~.a~ds - One (1) space for each 100 square feet office floor area and one (1) space each emplo~!ee. Public Utility Structures - One (1) space for each employee and five (5) spaces for general use. Newspapers and printing plants - One (1) space, for each 100 square feet floor area. Bus Terminals - Parking as may be required by Planning Board in ~i~e plan and Board of Appeals in special exception approval, in no case less than one space for each 100 square feet of office and waiting room floor area. Ferry Terminals - Same as Bus Terminals Boat building and boat ya~d.s - One (1) space for each employee and as floor area ratio for factories. Airports and Airfields - Parking as may be.required by Planning Board in site plan and Board of Appeals in special exception approval, in no case less than one (1) space for each tie down or hanger space. Apartments of multiple residences - One and one half (1 1/2) spaces for each dwelling unit. Marinas and boat moorings - One and one half (1 1/2) spaces for each slip or ~o~in~ area. Places of amusement, open air type - As required by Planning Board~ in site plan approval and Board of Appeals in special exception approval, in no event less than five (5) spaces, ~ish~g Stations - One (1) space for each charter boat or rental boat or mooring space and in no event less than five (5) spa~e~s. Articile XVII, Section 1702 page ~, col. 5 Add t.o list of subdivisions: Cleaves Point Section III and Orient-By-The-Sea, Amended Section II Amendments to Zoning Ordinance page 3 Bulk and Parking Schedule Add to "A" District, side yards: On lots in single and separate ownership at the time of the adoption of this Ordinance, leSs thah 100 feet in width and less than the required square· footage in area, the side yards may be reduced 50% by the Building Inspector. AfteriOff-Street ~arking Spaces - See Ordinance -(add) See Article XI, Section 1101 Change front yard in "C" light Industrial District to 100 feet. Add new section: ELEVATION: In all districts no dwelling or building may be erected on a lot having an elevation of less than five (5) feet above mean (average) high water ma~k as established by the United States. Coast and Geodetic Survey data. --Southold Town Planning Board Decembe~ 2, 1972 PLANNING ,BOARD rM E M BERS John !Wi,ckh~slm,. ICha. irman Hen r.,.y' 'Moisa Alfa'ed Grebe Frank Coyle Henry Rayn or Mr. Albert Nartocchia, Supervisor Town of South. old Greenport, N. Y. 11944 Dear Supervisor, Sorry to be out ef town, but feel I should give you my thinking on the fallowing subjects: Both the Greenport paper and NewsdaJ[ called me about recent scare news stories on high nitrates. I told both of them that this was to be expected since the June rains came before the potatoes could tie up nitrogen. I also said. that the re- cent heavy ra~ns could be expected to dilute and reduce the nitrate level in the ground water,and recent tests indicate this is so.~ This is supposed to be the heaviest rainfall in over a hundred years and it is both bad and good. In my opinion the reaiproblem lies in the fact that our fresh water reserves are so small that it takes relatively little nitrogen, salt or any- thing else to upset things. We probably should accept this fact and plan for 2-acre~ zoning ~ith clustering because of it. As regards the "~Prooosed Amenoments to Subdivision Re~ls.- titus," I favor them and t~ink' they are necessary with the fol- o_n~. also Page 4, Ar- lowing ex~ ohs: Page 2 ticle III, Section I do not favor eliminating ~[inor Subdivisions. t do favor much ~V.~~contro!. I think ~,~-r~ave ove-~~~IB'o-ked the fact that minor subdivions should not be al!or, ed in cases where ~streets" hRve to be built. This is a good handle. 'Minor sub- divisions, then, should only be used. to develop property on a highway. If minor subdivisions were eliminated we wo~ld have building on four er less lots with no control, since neither the county beards nor the state Real Property .Law controls four er less lets. Albert Nartocchia Page 2 December 2~ 1972 On page 2, the last item (page 12, Section 2K)., this entire section should be rewritten, On page 3 in the middle (page: 15, Section 6B), we need more criteria. Six inch rainfall per d_~ doesn't mean much unless the percent runoff is stated and also the storage of the pools or areas. (page 17, Section 18,A). This should be 4 acres per 100- family or liv'!nE units~z, to cover "M~ zone 'areas. I~ll be back late Wednesday and will g~t in touch with you. T~d. ay I received a letter from the Governer inviting me to a meeting in Hauppauge on December llth. I'pl~ te ge and expect others from the Towu Sincerely' yours, John ~¥ickham ~':!~, Front. $1r-..:' . ?,.~ot, k, on tim. j( ~ '~-t 7:30 ' ?Zi s~ t~-~:~ ~nal ~~~~~t to · e f~~en~: (b) ~~te ' su~~ ~r~ fae~ sh~ ~ p~d~. - (e) No si~, ~~ one on- p~~ ggn not 1~ ~an ~ f~t by..4 f~t ~ s~e, ~y~ for a ~~ of not 1o~ th~ ~e. w~ im- m~a~ly p~or to ~e day of such ~Je, s~ ~ ~itt~. (d) ~t a ~it ~ ob- i!ned therefor from the ~~t-~ a ~ of $15.~. III. By. ~en~ ~ele .III, ~~ ~.,.~~ 5 to r~d as f~o~.: ~~ o~ ~ h~Old ~~ ~ f~ ~ ~ lot ~. ~~ f~ ~ of more ~ ~ fowl ~ not ~ ~~~ ~~ ~ f~t of ~y ~e. ~. By ~~ ~ele'III, ~ffon ~, ~ r~d ~ .f~ows: SECTION ...: .~S .. - · E~ABLISHED 'FRONT Y~ S~CK - ~ere ~~y .~ ~e ~c~ ~ ~v~ ~ ~~ent area..of .less~ than that ~~.~ ~:~v~ of ~ or~~, ~ f~nt y~d ~t~.~ ~ ~ a~age ~tbaek. of _the e~sting dw~ ~~ '~ f~t of · e p~ dwe~, on ~e ~e ~de' of ~e s~t, ~~ ~ ~e bl~k, and · e ~e.~ ~et. COUNTY OF SUFFOLK. STATE OF NEW YORK, ~ ss: ........ ~..~.u.a.r.~. ?.,..D.c..r~.a.n .............. being duly Sworn, s~s ~at .. ~.~.. is Printer ~d Publisher of ~e SUFFOLK ~KLY TIMES. a newsier pub~sh~ ~ Gr~n~rt. in ~d county; and ~ the noti~, of whi~ ~e ~e~ is ~ print~ ~py. ~s ~en published ~ the ~d Suf~lk W~k~ Times once ~ each w~k, ~ ........... ~ .............. w~ suc~sively ~mmenc~g on ~e ..... ~.~~~ .......... d~ of ......~~= -yf .......:-, ...... ~~ to ~f~e me this . .~.~. .... ,.., ,. ,,...., ,, ' ................. / cou.t ' / ..~ 01ks. No. 52-9366350 ~" Mv Commission Expires March 30, 19~/ V. By amending Article III, Section 306, subdivision (a) to 'read as follows: · (a) When located in the front yard, along front yard · property line, the same shall not exceed four (4) feet in height. · VI. By amendin~ Article III, Section ~6 by repealing sub- division (d) thereof. VII. By amending Article III by adding a new section thereto, to be Section 306 to read as follows: SECTION S06 - SUB- "A"-District, in the Case of a lot held in single and separate ownership on the ~'.~late: of this or- than the req~tS of this ordinance, a single family dwelling may be constructed thereon with side' Yard requb'ements reduced by 25 percent, provided that all' other yard requirements are complied with. VIII.- By am~ Article Section 602, subdivision ? to read as follows: · ' ?. Parking shall be provided in offs!feet paved parking -_areas which shall provide for one (!) parking space, three hundred fifty (350) Square feet in m-es, for each one hundred.' (100) square feet of sales area -office floor area in eacL ~. · IX. BY' amending Article XIV by adding a new section, to be section. 140~ to read as follows: SECTION 1402 - CLUSTWR DEVELOPMENT ' p~anntns n~rd m~y Cluster Developments tor~ one-family detached* dwellings in an A Residential and Agricultural District according to the procedure and requirements specified. below. THe purpose of such. development is to provide flexibility in- the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities o! open space. 1. The maximum number of sinCe-family lots that may be approved in a Cluster Development shall be computed by subtracting from the total gross area a fixed percentage of ~0 per- cent of said area,-and air!dine the remaining 80 (a) In computing the maximum number of lots that may be created, any lamis which are subject to flooding or which are oc- cupied by public utility easements, in such a manner as to prevent their use and development, shall not be considered part of the total DevelOpment, lot area, width, depth, fTont yard, rear yard, and Side yards shah not be redueed by .rn~ th~n 5o percent of the minimum reqtdrements set forth in the Bulk and Parking Schedule. 2. The area of a Ouster .-' Development shall be in single ownership or under 3. Prior to the issuance of a building permit in a auster Development a 'Site Plan shall .be submi~ to and al~ed by the pln_nning Article XlV of this ordinance and the following conditions: (a) Said Site Plan '.shall indude areas within which struc~ may be located, the. height .and spacin$ of buildip~s, open space and their landscaping, off-street. open and enclosed (if any) driveways, and any other physical .features relevant to the proposed plan, and (b) Said Site Plan shah include a statement setting forth the nature of all proposed modifications of existing, zoning, provisions, .4. Nothing contained in this ordinance shall relieve the owner or his. agent, or the developer of a proposed l~ecei~.(iPla! Approva~ h~"~dance. With the. Town Subdivision Regulations. In approving the Final Plat for a Cluster Development the Planning Board may modify the acreage requirement for recreation areas as set forth 'in the Town's rules governing subdivision review provided that the .common land dedicated meq~ all other requirements ~_' _the Town 5. A Cluster Development shah be organized as one of the following: (t) A HeSmes Association approved by the Federal Housing Ad- ministration for. morts,se insurance as a "Plmuged- Unit Development", and the Town Board; or (2) A Homes Association approved by the Town Attorney and Town Board; or (3) Any .other arrangements approved by the Town .Attorney and Town Board as satisfying the intent of this ordinance. Whenever a Homes Association is prop3sed, the Town Board shall retain the right to review and approve, the articles of incorporation and charter of said Homes Association, and to require whatever conditions deemed necessary to insure that the intent and purpose of this ordinance is carried'out. In consideration of said ap- proval, the Town Board shall, in part, require the Clust~ Development to meet the following conditions: (a) The .Homes Association shah be established as an incorporated non-profit organization operating under through which each lot ovm. m' (and ~s ~o~matieally a member, and each lot is automatically sub~t to a change for a ~onate share of the . expenses, for the m, ganizations's activities. (b) Title to aH eonunon the Homes Association,. or definite and acceptable. assurance shall be given that ~ it automatieall~ will .be so i~ placed within 'a __reasons.' ~e period of time. (c) F, ach lot owner shall have equal voting ci~ts in the Association and shati have the right to the. use and enjoyment of the common ' (d) Once established, 'ah .responsibility for operation and maintenance, of the common land and facilities shah lie with the Homes (e) Dedication of sil- l common areas shall 'be · reeorded directly on the subdivision Plat, or by reference on the Plat 'to a. dedication, in a separately recorded document. ~' pro~bited. T~e deme. Um shall: (i) Save the title to the common property to the :~eati~; ~d. ' ~ ~'~ ' (ii) Commit the developer to convey, the areas to the Homes Association at an. approved times; and (iii) Grant easement of enjoyment over 'the area to the lot oWners'; and (iv) Give to the Homes Association the right to borrow for improvements upon the security of the common areas; and (v) Give to it the right to suspend membership rights for non,payment of assessments or infraction' of ~ __6. C°nvenants shall 'be established, limiting ah lots tO mm-f~y _use and ah common lands to open space uses. No structures, may be erected On such common lands except as shown on the app~ved ,~ Plan. 7. Each deed .to each lot sold shall include by reference ah records! declarations and other restrictions (including. for liens for non-payment of . . such). 8. The Homes Association' shall -be perpemnl; shall purchase insurance; .pay and by4aws an annual for assessments, and provide that ah such charg .es become a lien on each property in favor of said AsSociation. 'The Association shall 'have the right to proceed in ac-' legal action . for the · for~.lomn'e and enforcement of liens., and it shall _also have agaimt any member for the collection of any unpaid assessment in any court of e0mpet~t jurisdiction. 9. The developer~shall limnes Association'until a. Hmn~ Association. shall .be ~eally established. 10. Prior to Site Plan ap- p~)val .the developer shah the ~ ~utuauon of ~ a maintismnee bond to insm'e common lands until · the Homes Associati~n..;,. is ta~ of.mltd bonds shah be Board, 'and the form, .sub fleieney, 'manner : of be apl~. ved by the.. Town Boa~. ' X. By amending the Bulk and p~k~ng Scheduk of said or- dinanee applicable to "A"- Residential Districts by. repe~_]ia~ edmnns B in said ~e. ' fa. s~ me~t~ t~ su~kana Pm4dn~ Sckedule of' said or- dinance, by increasl~ the lot width applicable to Sin~k family NOTICB OF I'UBLI(~' i I IA i tING s(Xrxc~ ·m 'mm~my -t trot a ~publtc .hearin~ *wia be hem '":by'the I9outhold. Town Board at the Oreenport Hish School, '-~ New York, on ' .0'etak tn the evenine of sa~d d~y "'.on the..matter of the proposed -'~ eme~n~ to the 8outhold .'ll~opoe~d Amendments .are as 'follows': ~' I, By ~ Article. division 14 ~there~f. · "'II. By amending Article ILl, 8ection~00C by addln~ a new subdivision thereto to'be subdt- .vision ? to read i as .follOws: ?. Yard sales, ~ttic sales, · earage sales, 'auCtion sales, or /. at.ng!ar type sales of personal. property 'owned b~ the OCCu- Print. of' the premises' . and 'fOil°w/h3' S ~equirements: '. (s) NOt more than one such. sale shaU ~. Conduct~ on. an~ lot in any 'one ca!eh- .: .... . .dar Year[~ ..(b) Adequate . .supervised ¢c) ~o.,stsn~ except one on- ~-. ~..m!ses. sign nQt later than- 3 .-feet .by. 4 'feet. in size, dis- . played, for s period of not longer than one week .hn-' mediately prior to. ~he day -'.of. such" sale, shall be .(d) Tlmta pe~fftombe =e ~ therefor · Butldin~ ~nspector upon the ~ payment of a fee. of 015.00 XH. ~.By* amendin~ ' .Arttcle IXI, Section. 300(}, subdivision § to read .as follows: 5. Horses and dOmestic ani- nutls other thaXi hoUSehold pets feet of' any lot lin®. HenSin~ for fle~r~, of. more .than ~5 fowl shall not be constructed within 50 feet 'of any line.. IV. By .amendin~ Article ITl, 8eotion 303, to read as-follows. --Where prope~y in the vicin, : ity. is.improved with permanent dwelllr~s with a/ front yard area of less than that:required bY the provtsichs of this; ordi- ;. ~,~_~n~e., the. front ._yard: setback ,venee.. baek of I~0 f.i~t of the proposed dwell- ..ins,. On the .same. side of the .and the .same use district, V.. By amendin~ ,'Article III, 8eotion ~. subdlviaion. (a) . to read :~ fL, l!0m: .not ex~;' four ~'. (4) teet in" height.~ i_...V!,_._,BBYj amending Article III, Section '~'l~,--~';;i,i~ aUbdivt- .~' Plah- Clus - pro- speci- of siJch provide and ~ such a wi~:i the most 'and eeon- 'street. s and m~-~*'. ~.. eompu~, by ~ ~0¢ -... ~...'.': (a) subject 'to .Soc .latic J ~~4~o.nditions deemed neces- ~i,i~j"i..'.I~. e that the intent ~'~"of this ordinance ,;"~>~ out In consideration [~"'-'a~ ~~aP~roval; the Town ~e'.',;J~o~~l;, in p~, require ;~he~~l- Developmen~ tb me~ t~"!ollowing conditions: ,ia). ~ 'Homes ~:ia~ion s~l ~:~tablish~ as an in- ~r~r~ u~-p~flt orgai~za. :'.'~~~ t~o~Rh which each/!ot Owner ~nd any · ~~;'and each lot a~t~ly subject to '~:~.~r a pro~rtionat~ -'~ o(~e ex~es for the '~} ~le ~ ~11 common prop- ~ Plied. in the ~iation, or definite )~ble assurance sh~ll, ~t if au~matica.b ~c~ witch ~ rea-. ~ of time. . ~ owner· sh~l have ~ riRh~ in the A ud shall haFe the se ~nd enjoyment the ~on pro~.. ',',." ~ :(d).,~~established, all re- ai, e .e~0n. eibl~!tY' .for ~ration and · U~ty.- 'i ~,/. jm~ce, of the common '~ ~ U~ ~ '~]'~-~~~~"iaci"tJes shall lie with ~~,~{~ ~icatldn of all com- ~e~~'~~~al,g~' ~i?x~" ~ shal ~ recorded ~t ~:~~a~ ~si'de : ~'~ '-~'~ ~ -'~y' reference GU the ~ ~. :~' ~- '~.~i- ~~ord~ document. Re- ~~n. of such area~ is mum r~~ff~,~r~ - ~~. The dedication velo~e~:.~r~:..~~~ ~ '.~,:~.~ve the title to the ow~~p' 0r ~'i~ '~ .':.~ pro~r~y to the ~n~. e:.,~-/~-: . ~ '. ;~ . .' ..,~,. ~ci~tion free of 3. ~tor ~ ~'~_~ ~ '/ ~..a. ~ -'~~ud of implied public · , (tis 'Commit the develo~r' ''~/~~ ~'~~ed, :k"."~l'::"~"~R~ :~"-:~s . ~-~Sor-~-, ~ ~ ~ ;:~ t~ ii e.~wZ--'.':" ):':':' "'.giiD E ~ ent.~f'en- .... . .... over the area to the ~a)'.,~' '. ~~.,. .~ .... ~[[.:, .,.w~,~ao~,. .... o~e~- . and ~~~~ ') ',., O ; . (~)~Oivetot~ HomesAs- ~~~~.~~,~ ~ ,'.'.-. ~i~tion the right to ~rrow ~~~~-'-~.~' .' : ;,~il ~' l~" ~provemen~ u~n the . c~ ~ ~ild ...... " ?. . · ':~:_~'~~~~!"'thtir"'] "*'' .~,ty of the common 1~ ~~~~.:~*'-t ' "'" ~S~ and , ~~~:~).~~"-~ ':.'' ','~ ::.('). Give to it lhe righ, to " "~ -' ' ' ~ ' ' d me ~~/~~}~~-~ -~ , · ~ · ' m~rship rights ~-'~~~~l,~" ~' .;-' "f~: ~n-payment of as~ess- ~~~~'~ :~r- ~' men ..... '~" ' ' ' .... . ,. ' ' .':-' -'. ~s or mIracuon of pub- ~.~~nt,~~ ~~.; .... , .... . '~~' ~e PI~-;~~-" '-' ~..~venants shall ~ estab- '~~t ~l~ i~h ' '. '" l~h~, limiting all lo~ t,~ one- the nature, of modi~o.'..~' of . ..e~~ son- lng Imo~lo~, s,a~' -- ' '4. ~~ :~~ .in this ordinance'.-'shall :.,relieve the owner ~r hts,,a~ent, or the de- . . "velOper of a Zproposed Cluster · ?':'-" Devel~'t--, .-'from .-receiving 'Subdivision. Plat ApProval in accordance with the Tovm Sub- division Regulationls. In ap- proving the Plnal Plat for a ._. Cluster Development the Plan- .. ....... .... famity~,~ '+~--~'"~t~""and all st~.',:~ii;~')..may 'be erected on suct~'.~0?.ml~'on lands except as show~'.,.~:.p'the approved Site Plan..,,_':!'?'" - ?. :~t'~ea'to each lot sold sh~!l Incluffe by ~efe~ence r~or~d 'declarations and Other restrictio~ (includ~g ~e~ments' and the provision for liens for non-payment of such). .... · Th~ .~es A~sociation 'SUFFOLS~ { ss: Whitney Booth, Jr., being duly sworn, says s the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- :d at Southold, Jn Suffolk County; and that :which the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- week for .....-~..~..Kff. ff...._._weel~~ 3ch commencing on the ................ , .~...~... ~-~ oleeeeeeeeeeee 'orn to before me this ................ cloy of · eeeeeeeeeeel. ADELE PAYNE N0~ary Public, °' cf o,ate New York' Residk;g ;n Suffolk County No. 52-30-I 1000 Commission Expires March 30, 19 VII. By amending Article III by adding a new 'section thereto, to be Section 306 to read as fol- " lows: SECTION 306--SUBSTAND- ARD LOTS--in the "A" Dis- trict, in the case of a lot .held in single and separate owner- ship on the effective date of this ordinance and thereafter with an area and/°r width of less than the requirements of this ordinance, a single family dwelling may be constructed thereon with side 'yard re- quirements reduced by 25°k, provided that all other yard requirements are complied with. · VIII. By amending Article VI, '~ Section 602, subdivision 7 to read as follows: t 7. Parking shall be provided [ in offstreet paved parking areas ~ which shall provide for one (1) parking space, three hun- dred fifty (350) square feet in area, for each one hundred 9; (100) square feet of sales area or office floor area in each building. p!~s .zo,I los oq~p oq~ pu~ o~ .to.tad szi~p OA!~ oq,~ jo q:)~a uo '~I 'cI 00:~ puc 'IN 'V 00:8 $o g. Itl0q OL[~ uao~oq :lo!a?s!(I Iooqas p.rus Id '`t.a~o~ Pa!~!I~nb Xue uo!~o~dsu.t ,~o~ uado oq [[!,tt '~oo~S ~uo.t,q 'IOOqOS q-§.~H pu~ -o[ ?a!.qs.tCI [ooqo~ p.ms jo atI'~ jo aa!Mo aql u.t pa[!j aq gaps qa!q~ ao~ "uo!laalo p!~s 9,~ alo,t o:l poI:l.tluo .[ollua.ZOql .m uaq.l oq ol 'uo!.~,~Jls!~a~I ,IO q,'>ns jo uo.t~,ouj.~!:lus aql ol po,toad .to u~omI s~. aq uo!l~als.t.~alt jo P,r¢olt aql ,Io .§m. laom qans 18 luql pop!a, oad .zo~,s'!ga.t qans uodn paou[d omuu s~.q a~.eq ol po[1.tlua oq IiUqs uosaad Zru~ pu~ 'la~.~ls.tQ Iooqa8 p.t'u~ jo otI~ a.t~.doxd II!,~t uo!l~.~l~,.tl~oH }o P.mO~t p.~us om.il puu oo~Id ~u "IAI 'cI 00'~ pu'u 'IAI 'ti 00:I Jo sanoq aql uao~laq I!.zd¥ Id tll~g oql uo pun 'IAi 'ct 00:8 pun 'BI 'ti 00:~ ~o s.moq otp, uoa.~t~oq 8/,6I '[!`td¥ $o .~up q?8I oq? uo ~loz..z~,s~.(I looqas p!.~ u! '>laOX '~,.mduoa.to '~,aoa18 ~,uo.t~l 'lOOqO8 q~.tH pu~ apu.tO ~,,toduoa.tO oq] a~ ~oam IU.,~ uo.tlmBg!.§o~ jo p.mo~ oq& 'lo,t.tl~Ci IOOtlO8 p!Bs .~o 4ols.t,§o.t oq~, uo .zuacI -alu 1on soop omuu osoq:~ olo~ o~ pap.!~.uo aq [[uqs uosaod ou pu~ IUUOS,~ad ',uu~ uoDuanp~ oql jo ~I0g uollaoS ol lU~nsand 'aoj paloa s[ poluu~mou os alup -~u,o aq~ qo[q.~ lu uo[?aolo aql .~u[pooa.zd Xup -sip oql ~o ~ala oql PatlJ oq II~qs uo[~Bad qou~ '~ 'luoqmnaM aq? jo aumu aql pun oa[~o ~o fiinb~-'-frO-~?tr--rn, ay m~,~,,'., :---:. acreage requirement for recrea- tion areas as set. forth in the Town's rules governing subdi- vision review provided that the common land dedicated meets all other requirements of the Town Subdivision Regulations. 5. A Cluster Devalopment shall be organized as one of the following' (1) A Homes Association approved by the Federal Housing Administra- tion for mortgage insurance as a ,'Planned-Unit Development", and the Town Board' or {2~ A Homes Association approved by the Town Attorney and Town Board; or t3) Any other ar- rangements approved by the Town Attorney and Town Board as satisfying the intent of this ordinance. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said Homes As- sociation, and to require what- (Continued on Page 14) Sliall' b~ '0~,[V~U'~,; :,:.z..: -, chase insurance: pay ~a. xes: specify in its charter and laws and annual homeo~vner's fee; provision for assessments and provide that all such charges become a lien on each property in favor of said As- sociation. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to .commence action against any member for the col,~.ection any unpaid assessment in any court of competent jurisdiction. 9. The developer shall as- sume all responsibilities as ~vre- viously outlined for the Homes Association until ~ majority of the dwelling sites are sold at which time the Homes Asso- ciation shall be automatically established. 10. Prior to Site Plan ap- proval the developer shall file with the Town Board a per- formance bond to insure the proper installation of all re-. quired improvements, and a maintenance bond to insure the proper maintenance of all com- mon lands until the Homes As- sociation is established. The amount and term of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execu- tion, and surety shall be ap- proved by the Town Board. X. By amending the Bulk and Parking Schedule of said ordi- nance applicable to "A" Resi- dentiaI Districts by repealing columns B in said schedule. XI. By amending the Bulk and Parking Schedule of said ordi- nance by increasing the lot widt~ applicable to single 'far/lily dwelI- ings in the "A" Residential Dis- tricts from 135 feet to 150 feet. Dated: April 11, 1975 SOUTHOLD TOVCN BOARD 1T--4-19 , ~..,~' ~A'¥ 8,.~... l' ~out a~-ie~l.~'~ eaa~ent~, a~u% en~i~~en~a~..~pac~ a~a%ement, s, ~.d ~pl~e of our dt. aappoin~ment~ ~e rani ~o regtstee our aup;~<~ :For ~.~ae t. hlr),6~ '~hat here ~eln~ ~.~¢~.pilshe~ ~e ~.l~ ~i~t o~t ~ however, %hat ,~f'f'e~'t., ~'equlres one-~re monl~ t~'~u~, fo~ one o~ ~, f'~i. iy houses. notice did not even ~ov' it was the~ ~d h~d to chec~ with ~,~ T~ker w~t in t. he ~rid he ~$ tr%-iug %0 ~.~d ~m'po~ted at the ,~i. sc~_etiou ~? %he PI _~n_~inl Board,, ~Of~, a~er ~he 20% h~ b~en deducted~.~ 'in otl~e'~ w'o~da, a total ~' 60~, at leaat, J_o,~t~,~Ir, g a~ use~l f'or ~ad.~ 3. -~cme 9rovi~ion !mould be m~l~, for ove.~-a3.1 pl~,~mlng of open ~pa~:'e ~"e~s .o,~'~ ~re cl'~o.t, ered deve.l, opme:~ a~Joir~, ~o th~.~ the "c~on" a~..~a~ might i~e-o~er~' ~oci~i;io~ ~~.sio~s o~ht to be ~e for might nc~t vat to main%aln op~,n 1.~d. under its supe~si.o~. ~.r fle:,~Ibil!~ is needed in the t~-pes o;" h~;.~6ea eliowab]..~,~ ~_:.,c~',.~e~, st.-inched ~uae~:, m~Itiple~ dwe;).l.i~, all aho'~lt be i.naiuded STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: ALBERT W. RICHMOND, of Southold, Southold, New York, being duly sworn, aje of twenty-one years; that on the 19 73 , he affixed a notice of which is a true copy, public place in York, to wit:- Town of says that he is over the 24th day of April the annexed printed notice in a proper and substantial manner, in a most the Town of Southold, Suffolk County, New LEGAL NOTICE PUBLIC HEARING - amendments to Southold Town Zoning Ordinance. 7:30 P.M., May 8, 1973 Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I.~N.Y. Sworn to before me this 24th day of April Albert W. R[~h~d, Town Clerk 19 73 ~otary Public NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Southold Town Board at the Supervisor's Office, 16 South Street, Greenport, New York, on the 8th day of May, 1973, at 7:30 o'clock in the evening of said day on the matter of the proposed amendments to the Southold Town Zoning Ordinance. Said proposed Amendments are as follows: I. By amending Article III, Section 300B by repealing subdivision 14 thereof. II. By amending Article III, Section 300C by adding a new subdivision thereto to be subdivision 7 to read as follows: 7. Yard sales, attic sales, garage sales, auction sales or similar type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not large~ than 3 feet by 4 feet in size, displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) That a permit be obtained therefor from the Building Inspector upon the payment of a fee of $15.00 III. By amending Article III, Section 300C, subdivision 5 to read as follows: 5. Horses and domestic animals other than household pets shall not be housed within 50 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. Legal Notice Page 2 IV. By amending Article III, Section 303, to read as follows SECTION 303 - ESTABLISHED FRONT YARD SETBACK - Where property in the vicinity is improved with permanent dwelling with a front yard area of less than that required by the provisions of this ordinance, the front yard setback shall be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the stree read as within the same block, and the same use district. By amending Article III, Section 305 subdivision follows: (a) When property line, (a) to located in the front yard, along front yard the same shall not exceed four (4) feet in height. VI. By amending Article III, Section 305 subdivision (d) thereof. VII. By amending Article III by adding a new to be Section 306 to read as follows: by repealing section thereto, SECTION 306 SUBSTANDARD LOTS in the "A" District, the case of a lot held in single and separate ownership on the effective date of this ordinance and thereafter with an area and/or width of less than the requirements of this ordinance, a single family dwelling may be constructed thereon with side yard requirements reduced by 25%, provided that all other yard requirements are complied with. VIII. By amending Article VI, Section 602, subdivision 7 to read as follows: 7. Parking shall be provided in offstreet paved parking areas which shall provide for one (1) parking space, three hundred fifty (350) square feet in area, for each one hundre( (100) square feet of sales area or office floor area in each building. Legal Notice Page 2 IV. By amending Article III, Section 303, to read as follows SECTION 303 - ESTABLISHED FRONT YARD SETBACK - Where property in the vicinity is improved with permanent dwelling with a front yard area of less than that required by the provisions of this ordinance, be the average setback of the feet of the proposed dwelling, within V. By amending Article III, Section 305 read as follows: (a) When located in the front yard, property line, the same shall not exceed height. VI. By amending Article III, Section 305 subdivision (d) thereof. VII. By amending Article to be Section 306 to read as the front yard setback shall existing dwellings within 300 on the same side of the stree the same block, and the same use district. subdivision (a) to along front yard four (4) feet in by repealing III by adding a new section thereto, follows: VIII. read as SECTION 306 SUBSTANDARD LOTS the case of a lot held in single and the effective date of this ordinance in the "A" District, in separate ownership on and thereafter with an area and/or width of less than the requirements of this ordinance, a single family dwelling may be constructed thereon with side yard requirements reduced by 25%, provided that all other yard requirements are complied with. By amending Article VI, Section 602, subdivision 7 to follows: 7. Parking shall be provided in offstreet paved parking areas which shall provide for one (1) parking space, three hundred fifty (350) square feet in area, for each one hundre (100) square feet of sales area or office floor area in each building. Legal Notice Page 4 (a) Said Site Plan shall include areas within which structures may be located, the height and spacing of buildings, open space and their landscaping, off-street open and enclosed (if any) parking spaces, and streets, driveways, and any other physical features relevant to the proposed plan, and (b) said Site Plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions, and 4. Nothing contained in this ordinance shall reliev the owner or his agent, or the developer of a proposed Cluster Development from receiving Subdivision Plat Approval in accordance with the Town Subdivision Regulations. In approving the Final Plat for a Cluster Development the Planning Board may modify the acreage requirement for recreation areas as set forth in the Town's rules governing subdivision review provided that the common land dedicated meets all other requirements of the Town subdivision Regulations. 5. A Cluster Development shall be organized as one of the following: (1) A Homes Association approved by the Federal Housing Administration for mortgage insurance as a "Planned-Unit Development", and the Town Board; or (2) A Homes Association approved by the Town Attorney and Town Board; or (3) Any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this ordinance. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said Homes Association, and to require whatever conditions deemed Legal Notice Page 5 necessary to insure that the intent and purpose of this ordinance is carried out. In consideration of said approval, the Town Board shall, in part, require the Cluster Development to meet the following conditions: (a) The Homes Association shall be established as an incorporated non-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. (b) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that iF automatically will be so placed within a reasonable period of time. (c) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (d) Once established, all responsibility for operation and maintenance, of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the subdivision Plat, or by reference on the Plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall: (i) Save the title to the common property to the Homes Association free of any cloud of implied public dedication; and (ii) Commit the developer to convey the areas to the Homes Association at an approved times; and (iii) Grant easement of enjoyment over the Legal Notice Page 6 area to the lot owners; and (iv) Give to the Homes Association the right to borrow for improvements upon the security of the common areas; and (v) Give to it the right to suspend membership rights for non-payment of assessments or infraction of published rules. 6. Covenants shall be established, limiting all lots to one-family use and all common lands to open space us No structures may be erected on such common lands except as shown on the approved Site Plan. 7. Each deed to each lot sold shall include by reference all recorded declarations and other restrictions (including assessments and the provision for liens for non-payment of such), 8. The Homes Association shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and by-laws an annual homeowner's fee; provision for assessments and p~ovide that all such charges become a lien on each property in favor of said Association. The Association shal have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in an court of competent jurisdiction. 9. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold at which time the Homes Association shall be automatically established. Legal Notice Page 7 10. Prior to Site Plan approval the developer shall file with the Town Board a performance bond to insure the proper installation of all required improvements, and a maintenance bond to insure the proper maintenance of all common lands until the Homes Association is established. The amount and term of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved by the Town Board. X. By amending the Bulk and Parking Schedule of said ordinance applicable to "A" Residential Districts by repealing columns B in said schedule. XI. By amending the Bulk and Parking Schedule of said ordinance by increasing the lot width applicable to dwellings in the "A" Residential Districts from 135 feet. single family feet to 150 Dated: April 11, 1973 SOUTHOLD TOWN BOARD Legal Notice Page 3 IX. By amending Article XIV by adding a new section, to be section 1402 to read as follows: SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board may approve Cluster Developments for one-family detached dwellings in an A Residential and Agricultural District according to the procedure and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and econ6mical provision of streets and utilities and to preserve the natural and scenic qualities of open space. 1. The maximum number of single-family lots that may be approved in a Cluster Development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area, and dividing the remaining 80% of the area by 40,000 square feet. (a) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development, shall not be considered part of the total gross area. In a Cluster Development, lot area, width, depth, front yard, rear yard, and side yards shall not be reduced by more than 50% of the minimum requirements set forth in the Bulk and Parking Schedule. 2. The area of a Cluster Development shall be in single ownership or under unified control. 3. Prior to the issuance of a building permit in a Cluster Development a Site Plan shall be submitted to and approved by the Planning Board in accordance with Article ~IV of this ordinance and the following conditions: Suffolk County Department of Pl~ng Veterans Memorial Highway Hauppauge, New York 11787 April 25, 1973 Mr. Albert W. Richmond, Town Clerk Town of Southold M~in Road Southold, N. Y. 11971 1~ etitioner : I~V~XI~_~_~[X~. : S.C.P.D. File No.: Town of Southold Amendments Art. III-Sect. 300B,300C 303,305,306 Art. VI-Sect. 602 Art. XIV Sect. 1402 SD-73-12 Dear Mr. Richmond: Pursuant to the requirements of Sections 13Z3 to 133Z of the Suffolk County Charter, the above captioned application which has been re- ferred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determina- tion should not be construed as either an approval or a disapproval. GGN:ec by Respectfully yours, Lee E. Koppelman Director of Planning r'lFFIr't.E 13F TnWN.[~LERK T~3WN DF SDUTHDLD, L. I., N. Y. 11971 Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold Town Building Zone Ordinance.' Public hearing to be held on the ~th ~:~, n~ M~, ]q7q ~ 7~qO O'c]~o~ in the eveninq. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for our records~ Very truly yours, Albert W. RiOhmond To~ Clerk cc: Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton V~£1age of Greenpo~t Village of Dering Harbor Suffolk County Planning Commission ~New York State Office of Parks & Recreation OF'FICZ 01:' TOWN 'CLERK c;OLITHOLD, L. I., N. Y. 11971 Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold Town Building Zone Ordinance.' Public hearing to be held on the Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for our records. Very truly Albert W. Ribhmond Town Clerk cc: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport %/Village of Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreation BFFI~E OF' TOWN '~LERK 'to,w. spuT o SnUTHnLDo L. I., N. ¥. I1971 Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold Town Building Zone Ordinance.' Public hearing to be held on the Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for our records. Very truly Albert W. RiChmond Town Clerk cc: Town of Riverhead Town of Shelter Island Town of Southampton e'~own of East Hampton Village of Greenport Village of Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreations// OFFICE OF' TOWN ~LERK TOWN' Ol~ :~;'Otl~HOi~D S~UTH~LD, L. I., N. Y. 11971 Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold Town Building Zone Ordinance.' Public hearing to be held on the 8th day of May, 1973 at /:3U o~clocK in nhe evening. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for our records. Very truly y~- Albert W. RiChmond Town Clerk CC: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport ~illage of Dering Harbor ~/~uffolk County Planning Commission ~/New York State Office of Parks & Recreation OFFICE: OF TOWN .(~,LERK TOWN OF' SOuTHbL. D SOUTHOLD, L, I., N. ¥. 139'73 Gentlemen: This is to acknowledge receipt of written not£ce of proposed amendments to the Southold Town Building Zone Ordinance.' Public bearing to be held on the 8th dav of May, 1973 at 7:30 o'cJock in the eveninq. Kindl'y' sign the duplicate copy of tt~is letter and return to this office in the self-addressed envelope enclosed, for our records~ Ver~, truiv yoL%rs,- ,,, I ~lbe~t W. Ri~xmoad Town Clerk CC: ~-~own of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village of Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreation OFFI _ERK ESnUTHI3/C), L. I., N. Y. 119'71 Gentlemen: This is to acknowledge receipt of written notice of proposed amendments to the Southold Town Building Zone Ordinance. Public hearing to be held on the 8th day of May, 1973 at 7:30 o'clock in the evening. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed, for our records. Very truly you~r~s~ Albert W. RiChmond Town Clerk cc: Tow~ of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village o~ Dering Harbor Suffolk County Planning Commission New York State Office of Parks & Recreation Suffolk County Department of Pla~ng Veterans Memorial Highway Haupp&uge, New York 11787 April 5, 1973 A{r. Albert W. Richmond, Town of Southold Main Road Southold, N.Y. 11971 Town Clerk Petitioner : Town of Southold I~XlflYs~X~.~3.XX~ Amendments to ~he Zoning Ordinance ,Art. III, VI and XIV S.C.P.D. File No.: SD-73-9 Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been re- ferred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determina- tion should not be construed as either an approval or a disapproval. Comments: GGN:ec Respectfully yours, Lee E. Koppelman Director of Planning by ~' ' -.....,,_._._.,..__. TOWN CLERK 765-3783 Building Dept. t Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. I 1971 Pursuant fo the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 23%1 and m, the ]~.~v~j~' . of the town of Southold, N. Y. hereby refers the follow~ng proposed zoning action fo the Suffolk County Planning Commission: Icheck one) New and recodified zoning ordinance Amendment to the zoning ordinance · Zoning changes ..... Special permlfs ....... Variances Locat;on of affected land: ..~*~1l:I 'OLe '~O~j~ .............. within 500 feet of: Icheck one or moreI Town or village boundary llne State or county road, parkway or expressway State or county park or recreation area Stream or drainage channel owned by the county or for which the county has established channel lines State or county owned parcel on which a public bu[Idlng is situated Comments: Oat~: ~,*rCh 16,' J975 .... (signed) Title Date received by Suffolk County Planning Commission File No. SI::]UTHE]LD,, L. I., N. Y. 119'71 March 14, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear Mr. Wickham: The original resolution of the Southold Town Board proposing amendments to the Building Zone Ordinance of the Town of Southold together with the Building Zone ~4aps forming a part thereof is in the filew in the office of the Planning Board. You are instructed to prepare an official report and recommendation in accordance with the applicable provisions of law, and forward a copy of this resolution to the Suffolk County Planning Commission. Very truly yours, Albert W. Richmond Tow~ Clerk At a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held at the Supervisor's Offiee, 16 South Street, Greenport, New York on the 13th day of March, 1973. RESOLVED that the following proposed amendments to the Building Zone Ordinance of the Town of Southold together with the Building Zone Maps forming a part thereof be and the same hereby is referred to the Southold Town Planning Board and the Suffolk County Planning Commission for their report and recommendation in accordance with the applicable provisions of law. Section 3001-I by cepe~lin~ subdiv:iMon 2-I Ih~reof. 300(' by o¢ldin.r~ ,2 lu'~v,' SUlXti',rixic'~ iherc.'il~ 7. '~ nd sales, 2dtJc sales, ~tu'a~e sales, ariel[on s~tles (,~' Mmilnr 1.ype ~;:des of personal ppoperty owned by the oc'cupaut ~,L' H~c iwemi.~;es and ](~cated thirteen, subject to the followin~ rcquicem(,~ds: t )1 ',dequalo supervised parkin~ [:~cHLtio~ Mini[ ]n, provJclotl. Dnmcdi:/telv l)pioc to thc cl%' of such sale. shall bc pc. rndltcd. (cl~ 7hrd a permit be obtMned therefor frrm~ lhe l,uihlin~, inspector upnn the p%'ment of a fee of $15,00. Ill. 135- amending :\rtiele HI, Sec'tim 300C, sul)divis[on 5 tx' h*nl:;,-d v. iHlin St) I'cct of tm\ h)£ lin~'. Ihnl:,in,, I'*.' I'h.,'k;: ,.r ii1,,!.~, Ih.tu 25 fowl shah m~t be constcuctcd within 50 I'o~.'1 ill' uny lin,'. IV. F;v amendinj~ Article Iii, Section o0.~, 1, o read ~s ['ollows: SI',CTI()N 303 - I~STABLISHk]/) FRONT '~' \RD SETl~ \('1{ - \\ here t)r~)lx'rl, in lb.,' Vicinity I'F:qll x:ird :tt',':~ (}1' IO?;S lh:lll thul. rt'quircd tLv Ih,' t.'~)vixitnm ,~1' I. hi:; ~,L'dit ;tm',,. th~' front y;~ml ~xi:;tiug dw('Llinfgs withi, n 300 feet of the }n'.qx>sed dwelling, on Iht' same side .'q' the st~'eet, within the same block, arm the same uso dislricl. V. IL, amending Article III. Section ,~0, subdivision {a) to cead :ts follc)ws: When located Jn the front yard, along front 3acd wopcrty linc, the qhall not exceed four (-il feet in hell.Iht. VII, By am_nJmg Art/cie 111 by adcling a new section thereto, lo l)e Set'lion 306 to p,L.:td as !'o]lows: SI:X'TION 306 - SUBSTANI)AR1) LOTS - In thc ",\" l)i:dt'[cl, ill the c;tse ,)t' a lot he]d in :~haflle and F;CIK/L'UtC ownorMlip (m Ih{, cl'f~'clivc (Irtll' tho requirements of this ordinance, a single I'amil.x clwcl!iuL~ m;ty l)e constpuc[ed thepeon with side yards pequfpemct]ts peduccd ILy 25"[,, ppovidcd lha[ aJ] ether yaPd r'ecluir'ements aFe comtdicd wil]t. VII(. £ly amending A~-ticle VI', Sect/on 602, subdivision 7 to read as Follows: feet ill office IX. lly amcndin,~ .,\t'ticlc _",[V' by adding a now scclion, lo bt, seelion l.'102 f~, t'~.a,{ as foil v...s- ~3l':c'r)'I()N 1-t02 - (LL,5II.R l)I..\.l~I,Ol \ll.,N I - Thc I'laHlliHg IleaL'el may appp~wc ('luster' Developments fop one-family detached dwcllinL, s in au .X- Regidomia[ and :lpi'Jcultul'al l)istpict accopding' to the []P()CCt]tll't~ Slid [~OlqtS sp,:cified bo]ow. The {~upl)oso ~f suc'h tlcvolo})aloiii [s; It) Dt'ovidt~ fit'x[ ~.,iiity in Ihe d~sign amt development (,r lam{ in E;tit'[l a wa.v ct~ 1(~ t)Por~loI(' t'cmainiu~ ;;0': of t[i0 arcs by 40, 000 squape dcveloI)mcht, :~hall llot t)e coHsi, clct'ct{ [)~F/ of I}IC [o[~[ ~l'os~; itl'cit. Ill (.'lustcP })cvclo[)nlen{, lot area, width, depth, l't'otll yat'd, t.t,it~' y:,t'd, side yapds shall nor I)e z'ectuccd by 12loFe thall c "' Of [hO Ill[lli[lltlll/ melltS set fopl]l itl the ]~ulk and l'arking Schedule. 2. '['he area of a Cluslep {)cvelopmctd shall 1)c iu sinlfh, under unified contl-o] 3. Ppicn' to the issuance of a bailding pcvm[I iu a ("lumct' I)cvclop merit a Silo Plan s;ha'll l)c submitted [o and apppt~vcd hy thc }'{mmiHI,. in accoprlam~e wHh .,X~'liclc X[V r,f Ibis .>pdinallco arid Iho F~dl,mi~ , c~mdil (a) gait{ ~/to }qan shall inclttdc sl't'iul wilhiu v/hic[~ :;[l'llt,llll',.;; inrty be located, die. height and spacing' of building's, t)})l'll Spaccs; :,,,d tltci~' rlaluPo of all px'oposcd modifications ()f oxistinll' zoning i)~'ovisi~,lt~;. agcll/, of the cie,'ehopcp of a proposed ('iL(StOl I)cvcr(u),,{c,i{ I'I'()lll r'~','civi,,.2 Subdivision Plat Apppoval lin accopdancc with the Tt,wn Suhtlivi.~i~m '~c?u]:{{ Ira approving the Final Plat fop a Cluster' Development thc ['Jamti/l~,, lit,al-i{ Hilt5 modify the acreage reqaipement for pecpeation arcas as scl [(Ii-Ih ill Ih(' 5. 'X C[tlS[OP I)ovo]opl~lOll[ s;hall t)o oPg'aHizcd as t,~,,, of Iht' (1) A Homes Association approved by the Federal llousing' :\dmini.,-;It'aLhm }~.~ard; op {2) A Homc~; ~lssocia~ion appr'oved by [he '1'o~ .'~ll~l'll(~y Town Board; or (3) ~Miy other' arr'angcmcnts al)pt'eyed by lh~. 'l'owu and Town [~oard as satisfying the intent of this or'dinaucc. X~ [tt.llCVt~l' :1 :ltld ():iCh lot ~S rtulr)tnalic:alty suh.jp('t to a ('}tat'~'{' ['or a t}l'*,t~t}t'l Ji~lllllt, y;Jl;tl't' t,J' II)~ F/tie to all common pr'opcr'Ly shall bo i)laccd i~t Iht, :lssociatJon, or definite and acc:et)Lad)lc asstu'auco shall t,c }liven I}lltl. iL atttomatically will be so [)laced within a reasonable [)t,t-iod L~F time. (c) Each Jot owner shall have equal xoting fights in Iht and shall have the right to tbs. usc and enjoyment et' Ibc ('l,fllllloH [)['t~ll{'l'{5. shall: .Associatioi, fi-m of any cloud of implied pttblic clodicatioJJ: (ii) Commit thc develope¢ t{, convoy Ibc al'i';L?i JO Ibc improvements [lpOIl [}lO aocur'ity of thc common ar'cas; and (v) Give to it the right Lo susponcl Hletubops[li[} t'i~hla fop paymen~ of assessments or infraction of pub~shed 6. Covenants shall be established. ]imiHng' all tots ~o one-family 7. J~ilC}l dccd tO ('ROil Jo( sold ShLt]J Jllt'JlldO J~y ['t'l't'l'l'llt'l' ;IJJ for' liens fo~ non-paymcnt of such). pay *axes; specify in its charter and by-laws an aroma[ h~,t~ctm'utq"s rc¢.: pr'ovigion fop assessments, and pPovido that alt such~:hat-~lcs [a.t'i)illt. it on each properly itl favor' of said zXsgociaii(,tl. TJlC :X~si}ciatl i{,H ::]iilJJ [I:lk ~' thc tli.g[lt Lo proceed in accordance with alt nccc:~stu'y ]ojl'ltJ ;tt'lJi,II I'l,l' foreclosure and enforcement of liens, alit] it shah als;o [~gtk't, Ih~, ~'i~¢hl commence action against any member for the collection el' all~~ LUq)aiil merit in any eour't of competm~t jur'isdiction. 9. The developer shall assume alt responsibilities a~: [)t.ovit~usly lined fop the Iromes Association until a majority of thc dwcl[iiql sitc~; al't. at which time the lqornes Association shall be automatically 10. Prior to Site Plan approval the developer shall file with Town Board a performance bond 'to insure the proper instal, latinn of ~[1 required improvements, and a maintenance bond to b~ttrt, and SLII'CLV shah bc approvod by thc Town X. By amending the Bulk and Parkin~ Schednle of said ordinance applicatllc to "A" Re~idential Districts by repealing columns l/ in said schedule. X1. Ily ;mmndinl4' tht, Ilulk and I*:trking Schc'dulc o[ mtid (~t'dimlUC(' IW im'm'a.~;iiig the lot width applicable to single family dwellings in the ":\" I/e~qidonttrtl I)i~tt'ict~ from 135 lc~et to 150 feet. -4- 1973 · To Mr. l,iartocchl~ ~and Members of the L~own Board: '£he League of ,~omen Voters of ~Riverhead is pleased that Town Officials ,~re revising the Zoning Ordinance, ,.~e support the concepts st~ted on behalf of the ~orth Fork Environmental Council, Inc. by their ZoniuM ~isform Committee and would like to stress certs, in points. 1. A detailed envlror~mental impact st,~tement should be requ_i?~_d__f_rp_m_ ever~ applican_t four .sit. e develo~ Such ~. statement should cover the plan's relation- ship tc the Town Development Plan and the Bi-County Development Plan and other items including but not limited to: Open sp~ce provision (whether private, A~:sociation owned, or d. eeded to the To~n.) Pond and wetlands protection (both salt ~,nd fresh) Extent of dredging, filling or leveling Traffic patterns ,~ater tests Effect on Town services, including schools Provision for leaching fields ~nd dry wells for water recharge Underground utility wiring General environmental and architectural consis- tency with the ~rea ~e believe that the Town Advisory Council should con- sider and comment on such an impact statement and that the impact statement and comments should be p.~rt of the Preliminary Public Hearing held by the Planning Board. Moderate and low-income housin~ must be continuousl~ ~Jor. 'Al'thShgh there are building lots now ~'~ ~ and ~ acre size, we believe that fut- ure developments should apportion a percentage of the acreage for moderate and low income ownership while maintaining the over-all density requirement. ~e would encourage a limited use of mixed housing in a development particularly, near existing hamlets. A percentage of the allowable units to be built in the form of multiple dwellings would help to provide much- needed choice, particularly for the young or elderly who want a pleasant environment without too much prop- erty to take care of and ~lthin walking distance of a -2- business center. Therefore, higher density development should be located close to existing population centers. Lower density development should be located in more re- mote areas. The Question of water supply is increasingly ~erio~s. We urge the Town Board to have the Pirnie Report up-dated. 4. Cluster zoning should not only.be permitted but ~ncourated. ~ealth Department Approval: Prior approval must be required before any bulldinE is con~enced. The League offers some additional suggestions for zoning reform for your consideration. Performance bonds: At present, performance bonds cover roads and drainage. They cmn and should be reGuired for such items as the following~ Preservation of n~tural drainage p~$terns, trees over a certain size, ~oodlands, ponds, ravines, natural under- growth ~here it is important for erosion control and/or natural recharge. Be Set-back for bluff s~tts: Buildings erected on ~ bluf£ ~, ~ sizeable set-back or bank should be required to h~:.~e ~ from the edge to avoid erosion damage. Set-back from high-water mark: Mequirements for set-backs from high water mark should be at least as strict as set- back from streets. The League of Women Voters is aware that the Town Board and Town Planning Board are implementing many of the concepts of the Town's Development Plan. In order to allow time to study and further refine present zoning regulations we suggest a plmnned postpone- ment on new developments would be advantageous at this time. Also, there are many people in this Town who would be available for discussion with Town officials, and whose expertise should be tapped. Sincerely, Mrs. Kenneth Tiedke, President League of Women Voters of ~iverhead HENRY H* FRI£MANN Box 50D Pine Tree Road Cutchogue, New York 11935 ~'abl'uarX 2~. 197~ discua~ien ~ee%in& of the ~er%h York Tax.yore As~oe- lation ~n 5outhold, the details of ~ich are already snare ~r. John ~ie~hae, Chairman of the 'l'oun of Jouthold, without reoortiag to caere taetica and only precenting .are facts, capably pointed out him ~oardVe and the Te~ BoerdVa alertness and nvarenema off ~he dan~ers future could hol~ for the To~n of .,outhold. A~ the fact~ pre.uteri. Mr. '~ckham informed theme present that T/O .outhold Pla~i~ ~oard ere a~ut To~ 4~rd that present 1 acre For residential buitdi~ l.~ acres in a~or~ee ed In the co~r~*l~ ,~olk Mrs. Frle--nn an~ I sincerely urge y~u and the To~a ~eard ta e~nsider and vote in favor of these roeoeme, dations without ree~rvatio~, despite tho selfish preoouree the · ard sill receive ~rom the real estate, butldor, savings loan. ets. ~ntereets. ~e ~oard'8 adoption of thee~ rece~n~htiona Met cert- ainly will prevent e sit.at'on in tho T/O .:~outl~ld our~ntly ex,eta ~ neX~rl~ To~ships, o~y enh~ee ~o environ~nt OF ~e T/O oou~old e~o ~ori~tce ~ ~o To~ and/or ltl ~x~Fera and thank you and the ~oard i'or yo~r tnt~reat in the a~ve. ~/c ~r. ~,ohn k~lckhan February 9, 1973 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen= At a regular meeting of the Southold Town Planning Board on February 8, 1973, the following resolutions were passed~ "RESOLVED, that based on Com rehansive Public Water S~V o C ~to New York CPWS-24 by Ho nears, page 295, states, in part, that 1.2 acres is required to dilute nitrates in Suffolk Cotmty end also the fact that until this ti~e package sawer plants have failed to control the nitrates as well as individual cesspools, the Southold Town Planning Board recommends to the Southold Town Board elAminating the "B" category of the "A" Resident District ulldar the Bulk and Parking Schedule of the Southold Town Zoning Ordinance, and require all lots to be 40,000 square feet. It is also rec~ended that a new zoning district be created for parcels of fro~ two to five acres, to be at the request of the developer." "RESOLVED that the Southold Town Planning Board requests the Southold Town Board to move {mmedi&tely to amend the Southold Town Zoning Ordinance to provide for cluster zoning as per reoo~endation of Pro sad Zonin Re~ulations~ Town of Southold by Raymond & Section 5.6, page 49. In'implementing this, the Plann£ng Board requests that (1) the Planning Board be specifically given the right to vary (reduce} lot widths at the building line by no more than 50% and side yard clearances by no more than 50%. Sethacks are to r*m~in the same~ (2) under no circumstances will multiple residences be permitted in the "A" Residence District; (3) an instrtuaent be recorded with the Suffolk County Clerk guaranteeing the Southold Town Board - 2 - February 9, 1973 open area will remain open and in private, taxpaying ownershipt and (4) there must be a Property Owners Association, as stated in Raymond & May report." "RESOLVED that the maximum number of single-family lots that may be approved in a major subdivision shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area and dividing the rem~tning 80% of the area by the following minimum req~lrements~ 40,000 square feet in an 'A" District.' Very sincerely, JW=tle John Wickham, Chattlaan Southold Town Planning Board COMMISSION Seth A. Hubbard Leg E. Koppelman Suffolk County Department of Planning 3OHN V.N. KLE~N, County Executive Veterans Memorial Highway Hauppauge, L. I.. 721-2,500 February 2, 1973 Mr. 3ohn Wickham, Chairman Southold Town Planning Board Main Road Cutchogue, New York 11935 Re: Cluster Zoning Dear Mr. WickhaD~: i believe we both share the same desire to secure the best possible planning for the Town of $outhold which, to my way of thinking, means the preservation of the maximum amount of prime agricultural lands. In this regard I have been on record for a number of years in favor of the least possible density for the Town. I appreciate the successful work being carried out by you and the other members of town governnaent in n]oving in this direction. I know you are interested in the proposition to change the overall zoning from a possible one-acre category to a definite one-acre category. I believe this is essential for the future of the Town. However, this is only the first half of what has to be a two-phase process. The one-acre zoning will establish the overall allowable density. In order to save open space it would be desirable to allow clustering to take place instead of the customary urban sprawl. From a design point of view, even if the Town approached it very simplistically and allowed houses on lots of one-half acre size, you would automatically have fifty percent of the overall parcel permanently open. Clustering is the only example where everyone wins. The builder gets the same yield but actually makes more profit because he has less roads to develop. The Town wins because it receives the same taxes and has less roads to maintain. The Town may also acquire at no cost parcels for p~rks, schools, and fire de- partment use, and the overall cornl~unity gains because these priceless open areas will not be totally lost, -2- /ohn Wickham February 2, 1973 Legally, this objective is simple to obtain. Under Section 281 of Town Law, the Town Board, by simple resolution, can authorize the Planning Board to handle the clustering matters as automatic parts of your subdivision procedures. Within such procedures you can draw up the guidelines to suit your o~m community, This would include maintaining similar housing types, if you so choose, rather than allowing for other than single family units as well as other site design cri- teria. For your interest I am sending you a copy of a brochure covering this subject in greater detail discussing the pros and cons in a fairly clear fashion. If I can be of any further service to you please do not hesitate to request it. k'iy best wishes to you for the coming year. Cordially, Lee E. Koppelman Director of Planning LEK:cb eric, AMENDMENTS TO SOUTHOLD TOWN ZONING ORDINANCE Article I - Definitions Page 1, col. 4 After Dwelling Unit add: ELEVATION OF LOT - The height of the lowest point of the lot above mean (average) high water mark as set by the United States Coast and Geodetic Survey data at the building or setback line. Article III, Section 300 B-14 Page 3, col. 1 Eliminate B-14 Article III, Section 300 C page 3, col. 2 Add new section C-7: Yard sales, garage sales, attic sales, auction sales or similar sales of personal property, provided that not more than one such sale shall be conducted on any lot in any one calendar year. Such sale shall be: (a) limited to personal property of owner or tenant. (b) limited to one specific date and one specified rain date. (c) applicant shall provide supervision of parking so as to not block traffic on public street or neighbor's driveways, etc. (d) one "on premises" sign not larger than 3' x 4' may be displayed for one week prior to such sale and removed immediately thereafter. (e) a permit required from the Building Inspector for such sale, fee for same to be $15.00 paid in advance. Article III, Section 300 C-5 page 3, col. 2 Change Section C-5 to read as follows: Horses and domestic animals other than dogs, shall not be housed within 50 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. Article III, Section 303 page 3, col. 3 Add to end of paragraph: , if the setback is less than minimum required and in no case where the setback is more than 110% of the required setback. Article III, Section 305 page 3,col. 3 Change Section 305 to read as follows: FENCESr WALLS and HEDGES Subject to the provisions of Section 304, fences, walls, hedges, or other live plantings may be erected and maintained subject to the following height limitations: (a) When located in the front yard, along front yard property line, the same shall not exceed four (4) feet in height. (b) When located along side and rear lot lines the same shall not exceed 6 1/2 feet in height. (c) When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. (Section (d) is eliminated.) Article VI, Section 602 - 7 page 4, col. 1 Change 7 to read as follows: Parking shall be provided in offstreet paved parking areas which shall provide for one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each building. Amendments to Zoning Ordinance Page 2 Article VII, Section 801 page 4, col. 4 At end of paragraph add: and/or as specified in Article XI, Section 1101 Article XI, Section 1101 page 4, col. 4 Add to list of uses for off-street parking requirements: Factories, assembly plants, etc. Parking at ratio one (1) square foot parking for each square foot floor area. Storage and warehouses - One parking space for each 1,000 square feet floor area and increase by one (1) space for each additional 5,000 square feet floor area. Contractor's yards - One (1) space for each 100 square feet office floor area and one (1) space each employee. Public Utility Structures - One (1) space for each employee and five (5) spaces for general use. Newspapers and printing plants square feet floor area. One (1) space for each 100 Bus Terminals - Parking as may be required by Planning Board in site plan and Board of Appeals in special exception approval, in no case less than one space for each 100 square feet of office and waiting room floor area. Ferry Terminals - Same as Bus Terminals Boat building and boat yards One (1) space for each employee and as floor area ratio for factories. Airports and Airfields Parking as may be required by Planning Board in site plan and Board of Appeals in special exception approval, in no case less than one (1) space for each tie down or hanger space. Apartments of multiple residences - One and one half (1 1/2) spaces for each dwelling unit. Marinas and boat moorings - One and one half (1 1/2) spaces for each slip or mooring area. Places of amusement, open air type As required by Planning Board in site plan approval and Board of Appeals in special exception approval, in no event less than five (5) spaces. Fishing Stations One (1) space for each charter boat or rental boat or mooring space and in no event less than five spaces. (5) Article XVfI, Section 1702 page 7, col. 5 Add to list of subdivisions: Cleaves Point Section III and Orient-By-The-Sea, Amended Section II Amendments to Zoning Ordinance page 3 Bulk and Parking Schedule Add to "A" District, side yards: On lots in single and separate ownership at the time of the adoption of this Ordinance, less than 100 feet in width and less than the required square footage in area, the side yards may be reduced 50% by the Building Inspector. After Off-Street Parking Spaces Article XI, Section 1101 See Ordinance -(add) See Change front yard in "C" light Industrial District to 100 feet. Add new section: ELEVATION: In all districts no dwelling or building may be erected on a lot having an elevation of less than five (5) feet above mean (average) high water mark as established by the United States Coast and Geodetic Survey data. Southold Town Planning Board .~OUTHOLD, L. I., N. Y. 11971 D~cemb~r 2, 1972 PLANNING BOARD MEMBERS John WJckhz~m, ,Chairman Henry' Moisa Alfred Grebe Frank Coyle Henry ~aynor ~tr. Albert Martocchia, ~upervlsor 'Town of Southold Greenport, N. Y. 11944 Dear Supervisor, Sorry to be out of town, b~t feel I should give you my thinking on the following subjects: Both the GreenDort paper and Newsda~ called me about rec~nt scare news stories ~n high nitrates. I told both of th~n that th~s ~as to be expected sinc~ the June rains came before the potaUoes could tie np nitrogen. I also said that the re- cent heavy r~'ns could be expected to dilute and reduce the n~tr~te level in the ground water,and recent tests indicate this is so. Tn's is sup[os~8 to b~ the heav~st rainfall in over a h~ndr~d y~ars and it is both bad and good. In my opinion the realproblem lies in the fact that our fresh water reserves are so smsll that it takes relatively little nitrogen, salt or any- thing else to ~pset things. ~,~ probably should accept this fact and plan for 2-acre zoning with clustering because of it. As r~g~rds the "Proposed A~mn~m~nts to Subdivdsion R~gula- titus," I favor them and t?~ink the~ are necessary with the fei- lc.wing exce_~ons: Pegs 2, ~rticle II ~n~ also i~,g, 4, ~r- ticle III, Section ~A ano ~ec-~ A-F. ~ - - I do not_favor eliminating ~J_qor Subdivisions. I 8o favor much ~tric~ control. I think we ~%-q~Ibo~ed the fact that m'nor subdivions should not be allowed in cases where "str~ts" h~ve to be built. This is s good handle. Minor sub- divisions, then, should only be used to develop property on a highway. If minor subdivisions were eliminated we wo~ld have building on four or l~.ss lots with no control, since neither the co,~nty boards nor the stst~ R~al Property Law controls four or 1-,ss lore. ~'~r. ~:lb~rt Martoc~;hia Page 2 December 2, 1972 On page 2, the last item (page 12, Section 2K), this entire section should be rewritten. On poge 3 in th~ middle (page 15, Section 6B), we need more criteria. Six inch raivfall per day doesn't n~oan much unless the perc,nt runoff is stated and also the storage of the pools or areas. (Page 17, Section 18,A). This should be 4 acres per 100- family or livlug units_z to cover "~f' zone areas. I'll be back late Wednesday and will g~t in to~ch wfth yon. Teday I received a letzer from the Governor invltSng m~ to a me~ting in Hauppauge on December llth. I pl~ to go and expect others from the Town w'Si~s-~b-J-t-R~re. Sincerely yo~rs, John ~:h am