HomeMy WebLinkAboutLL-1975 #03LOCAL LAW NO..~, 1974
A Local Law to amend Chapter 100 (Zoning) of the Code of the
Town of Southold in relation to notice of change of zone; the
keeping and housing of animals; site plan approval; the length
of multiple dwellings; minimum floor area of dwelling units;
detached or ground signs; display of merchandise; uses in
B-1 Districts; expiration of Building permits; and front yard
set back in C Districts.
Be it enacted by the Town Board of the Town of Southold as follows:
I. Section 100-30 A. (2) (c) of Article III of Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
(c) The keeping of not more than two horses and/or ponies owned and used
by the owner of the premises for his personal use, provided that the land area
devoted to such use shall not be less than forty thousand (40,000) square feet.
Il. Section 100-30 C. (5) of Article llI of Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
(5) Horses and domestic animals other than household pets, provided that
such shall not be housed within forty (40) feet of any lot line. Housing for flocks of
more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any
line.
III. Section 100-40 A. of Article IV of Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
A. Permitted uses. subject to site plan approval of the Planning Board in
accordance with Article XIII hereof.
IV. Section 100-40 A. (2) of Article IV of Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
(2) Multiple dwellings not exceeding one hundred twenty-five (125) feet in
length designed for and occupied by not more than four (,i) families.
V. Article IV of Chapter 100 of the Code of the Town of Southold is here-
by amended by adding a new section thereto, to be Section 100-42, to read as
follows:
5100-42 Livable floor area.
Each dwelling unif in a multiple dwelling in the R~I ]dight Multiple Residence
District shall have a livable floor area of not less than eighl hundred fifty (850)
square feet, except that a one bedroom or studio dwelling unit shall have a livable
floor area of not less than six hundred ~ (600) square £eet.
VI. Article V of Chapter 100 of the Code of the Town of Southold is here-
by amended by adding a new section thereto, to be Section 100-53, to read as
follows:
5100-53 Livable floor area
Each dwelling unit in a multiple dwelling in the M-1 General Multiple
Residence District shall have a livable floor area of not less than eight hundred
fifty (850) square feet, except that a one bedroom or studio dwelling unit shall have
a livable floor area of not less than six hundred ~ (6~0) square feet.
VII. Section 100-60 C. (3) (a) of Article VI of Chapter 100 of the Code of
the Town of Southold is hereby amended by adding a new sentence at the end thereof
to read as follows:
As used in this paragraph, the word premises shall mean all contiguous
property in common ownership.
VIII. Section 100-63 of Article VI of Chapter 100 of the Code of the Town
of Southold is hereby amended to read as follows:
5100-63. Uses confined to enclosed buildings.
All uses permitted in a B District, including the display and sale of mer-
chandise, except living plants, shrubs or trees, and the storage of all property,
shall be confined to fully enclosed buildings on the premises.
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LX. Section 100-70 B. of Article VII of Chapter 100 of the Code of the
Town of Southold is hereby amended by adding a new paragraph thereto, to be
paragraph (5) to read as follows:
(5) Cabinet shops, carpenter shops, electrical shops, plumbing shops,
furniture repair shops and bicycle and motorcycle shops.
X. Section 100-141 FI. of Article XIV of Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
H. Every building permit shall expire if the work authorized has not
commenced within twelve (12) months after the date of issuance, or has not been
completed within eighteen (18) months from such date for construction costing less
than one thousand dollars ($1,000.)~ or has not been completed within eighteen (18)
months from such date for construction costing in excess of such amount. If no
zoning regulations a£feeting the property have been enacted in the interim, the
tguilding Inspector may authorize, in writing, the extension of the permit for an
additional six (8) months. Thereafter, a new permit shall be required.
XI.
by amended by adding a new section thereto, to be
follows:
Article XV of Chapter 100 of the Code of the Town of Southold is here-
Section 100-152, to read as
~100-152 Notice of proposed change of Zone Classification.
~. In the case of a petition requesting a change in zoning district classi-
fication, in addition to the notice required by law, a written notice containing the
following information shall be sent by the petitioner, or his agent, by either
certified or registered mail, to every owner of property immediately adjacent
thereto. In the event that any petitioner owns or has any interest in any property
immediately adjacent to the property proposed to be changed in zoning district
classification, then written notice shall also be given to the owners of the property
adjacent to such other property of the petitioner. For the purpose of this section.
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the words "owner" or "property owner" means the owner as shown on the current
Southold Town assessment roll. The notice required by this section shall be mailed
by the petitioner, or his agent, within five (5) days preceding the filing of the
petition in the town clerk's office. Proof of mailing of such notice in the form of
a sworn statement shall be filed with the town clerk at the time of filing the petition.
Snch notice shall contain the following information:
(1) :~ statement that the petitioner proposes to file a petition with tile
Southold Town Clerk requesting a change of zone classification.
(2) A description of the property which is the subject of such petition.
(3) The present zone district classification of the property and the proposed
zone district classification.
{4) A statement that within five (5) days the petition requesting such change
in zone district classification will be filed in the Southold Town Clerk's Office, Main
Road, Southold, New York and may then be examined during regular office hours.
(5) _A statement that a public hearing with respect to such petition must be
held by the Southold Toxvn Board before such change of zone can become effective;
that the person to whom the notice is addressed, or his representative, has the
right to appear and be heardat such hearing; that a notice of such hearing will be
published in the official town newspaper not less than ten (10) days prior to such
public hearing.
B. In lieu of complying with the provisions of this section, written verified
~vaivers of notice executed by the persons entitled to receive such notice may be
filed with the town clerk at the time of filing the petition.
C. Failure to comply with the provisions of this section shall not affect the
validity of any action with respect to such petition.
XII. The Bulk and Parking Schedule forming a part of Chapter 100 of the
Code of the Town of Southold is hereby amended to change the front yard require-
ments in the C Light Industrial District from 200 feet to 50 feet.
XIII. This local law shall take ef[ect immediately.
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MArlO M C~JOMO
~ecretar',/ of S~ate
~C;TATE OF NEW YOF~K
DEPARTMENT OF STATE
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231
June 4, 1975
RoLert W. Tasker, Esq.
Office of Town Attorney
Town of Southold
425 Main St.
Greenport, L.I., N.Y. 11944
Dear Sir:
Please be advised that Local Law No. 3
of 1975 of the Town of Southold
was received and filed on June 3, 1975
We enclose herewith additional forms for the filing of
local laws for your future use.
Very truly yours,
~~nand Law Bureau
State Comptroller
Division of Municipal Affairs
G120-006
STATE OF NEW YORK
DEPARTMENT OF' AUDIT AND CONTROL
ALBANY
Robert W. Tasker, Esq.
Office of Town Attorney
Town of Southold
425 Main St.
Greenport, L. I., N. Y. 11944
June 12, 1975
Dear Sir:
I hereby acknowledge recelot as of
o f certified cooy of Local Law No.
of
which
1975 for the Town of Sonthold
copy is being filed in this office.
1975
KHP: ri
Associate Attorney
(?lcm. e Use this Form for Filing )'our Local Law with the ~ecretary of State)
Text of law should be given as amended. 113o not use brackets [or matter to be. eliminated and do not
use italics for new matter.
C.; t ~-x of .................. .b.'.p):] ~ !?.~.d ..............................................................................
Town
Local Law No ........................... ~ .......................... of the year 19 ._7..~ ......
to ~m~-nd fha*icc 100 (Zming) of the Cole of the Town of Southold in
A local law ............... : ................ [ .................... : ........................................................................................................
re]ationto notice of ch[mge of zone; notice of hearings by the Board of Appeals;
the keeping and housing of animals; site plan approval; the length of multiple
d',~ellings; n~inimum floor area of dx,,elling units; detached or f~ronnd signs;
display of merchandise; uses in B-1 Districts; expiration of Building permits;
and front yard set b[~ck in C Districts.
Be it enacted hy the ..................................................... ?.~Z!IL D. 12;! ~ ................................................... of the
~t[~ Southold
of ....................................................................................................................................................... as follows:
Town
I. Section 100-30 A. (2) (e) of Article III of Chapter 100 of ~he Code of the
Toxkn of Bouthold is hereby amended to read as follows:
(e) The keeldng of not more than two horse:~ and/or ponies owned and used
by tine o'~[ner of the premises for his pe~'sonal use, 1)PoxJ. ded that lhe land ara devoted
to sll(:h Ltst~ Mm]l not be less than forty thousand (40,000) square feet.
II. Section 100-.30C. (5) of Article III of Chapter 100 of the Code of tine To~vn
of Sr, c~th~ld is h,~reby an'~encled to re:~d ~,s f~)ll~ws:
(5) Ih)rses a,~d do~nestic animals olhez' than household pets, pt'ovided that such
shall not 1)e ho13sed x,,ithin forty (40) feet of any lot l~ne. I[oush~g For f'l~c'!cs ~)f more
tLan lwf..nty-Fixe (25) fowl shall not be con~trtle~cd v. ithin fifty (:30) feet of any line.
Iii. Se*lion 100-40A. of Article IV of Chapter 100 of the Cede of the
of Eo~ilhold is }'~et','.b3~ amended to pe;~d as follows:
A. [*,:-~'mitted,.~sc, s, subject to :site plan al,prox, al of the Planning Boacd in
aceot'dance v, ith Artielo XII[ l~ereof.
IV. e .'
,_*~tt~cn 100 40 A. (2) of At'licle [V of Chrtpter 100 nf the Cole or' the Town
of ~,uthold is h~rcby an~ended to read a~
(2) ~lultiplc dwellings not exceeding one Itu ]~ttcd.t',~c'nty-fiXC (125) feet in
]er, glh deisgned for ;~nd occupied by not naore than fot11' (4)
i ./"(If additional space is needed, Elease attach sheets of the s_mle size as.this and number each)"~ '
by amended by addiug a new sectioa thereto.
follows:
Article IV of Chapter 100 of the Code of the Town of Southold is 1-,ere-
to be Section i00-42, to read as
[100-42 Livable floor area.
Each dwelling unit tn a multiple dwelling in the M Light Multiple tqcsidence
District shall have a livable floor area of not less than eight hundred fifty
square feet, except that a one bedroom or studio dwelling unit shall have a livable
floor area of not less than slx h,undred (~00) square feet.
VI.
By amended by adding a new section thereto,
follows:
Article V of Chapter 100 of the Code of the Town of Southold is here-
to be Section 100-53. to read as
~100-53 I,ivable floor area.
Fach dwelling unit i~'t a ~nultiple dwelltug ia the RI-1 Ceneral ".'lultiple
Residence District shall have a livable floor area of not less th9n eight bra',tired
fifty (850) square feet, except that a one bedroom or studio dwelling mdt sLz'!l have
a livable floor area of not less than six hundred (SOO) square feet.
VIi. !~ection 100-60 C. (3) (a) of Article VI of Chapter 100 of ihe Code of
the [-own of Southold is hereby amended By adding a new sentence at the cad thereof
to re~d as follows:
g s used in this paragraph, the word prendzes sl~=ll mcan ~1! comti~ttou~
property in common ownership.
/k~r~l. Sectioa 100-~3 of Article \'I of CbT?ret 1£.0 of ~' -' (Tu,!e of '~'
of South'old is hereby amended to read as fellows /
/
/
c?~andu~e0 and the sto;-age of ali property, e::cept liviug pI~nts, shc2:_~s op trees,
c_,,103-63 Uses co,~fined to eaclo'~cd buildings.
:'li ~,'~es l_'.er;~-_itted in a l~ 1District, iucluding the display and sale of mar-
:,:~:._ll t;e confined to fully enclosed buildings on the pretnises.
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iX. Section 100-70 }3. (f) of Article VII of Chapter 100 of the Code of the
'rows of Southold is hereby amended [oread as follows:
(f) No motor vehicle sales, used car lots, gasoline service or repair
shops or similar businesses are to be located ',-,'ithtn three hundred (300) feet of
a church, public school, library, hospital orphanage or a rest home;
X. Section 100-70 lq. of Article VII of Chapter 100 of the Code of the
Town of SouHlold is hereby amended by adding a new paragryph thereto, to be
paragraph (5) [o reed as follows:
(5) Cabinet shops, carpenter shops, electrical shops, plumbing shops,
furniture repair shops 2nd bicycle a~{d motorcycle shops.
XI.
hereby amended by ~,'_,c mga new' section thereto,
as follo',vs:
c3100-125 Notice of bearing.
!
}~carlnff.
~\rticle :Nil of Chapter 100 of the Code of the Town of Southold is
to be section 100-125, to read
A. In all eases where the 13oard of Appeals is required to l~old a pul>lie
in addition to the notice of such hearing required by law, awrltten notice
containing the following information shall be sent by the person petitioning such
~osrd, or his agent, by either certified or registered mail, to every ~wner of
property imcnedia[ely adjacen~ thereto. In the event that any petitiouer owns or
has any Interest In any property immediately adjacent [o the property which I~ the
snbject of such petition, than wrH[en nolice shall also be given ~o the o~,.q~ars of ~he
property adjaceut to such olher property of the 2e[i.[ioner. For the pucpc:~:c of
Ucc[Ion, the words "OWller" or "property owner" i]ICSI!S tile o',v~]er aS ,~ho',vil on
current 2:]sem:men~ ~'oll of the Town of Southo!d. The notice requf.'ed by ti:ia
i~,~cLien 5hall be mailed by the p,zi. it[oner, or his agent, within five (5) d~ys pr:cediug~-
O~e iil[~g of ~he peLi[fon tn []~c [own clerk's office~ Proof of mailing of such
r, oticca [n the form of a a'..-ora ~:[9.[eincnt shall be filed with l!~e town clerk at
time of filing of lhe p~i~ion. Such notice shall conta{n rite fo!lowfi~g
(3)
(4)
(5)
petitioner.
(6)
(1) A statement that the petitioner proposes to apply [o t!:e I'oard of
Appeals of the Tows of Southold for a variance, special exception, special permit,
or other specified relief, as the case may be.
(2) A description sufficient to Identify the property which is the subject
of the p~tition.
The zoue district classification of such property.
A detailed statement of the relief sought by the petitlouer.
The provisions of the zoning law applicable to the relief sought by the
A staternent that within five (5) days such petitiou will be filed in the
,Southold Town Clerk's Office, Main Road, Southold, New York, and may then be
examined during regular office hours.
(7) A statement thst a public hearing with respect to such petition nmst
be held by the Foard of Appeals of the Town of Sot~thold before the relief sought
can be gra,~ted; that the person to whom the notice is addressed, or his reprcsan-
retire, h,.s the right to appear and be heard at such hearing; that a notice of stroh
t~earing will be published in the official Town newspaper i~ot less than five (5) days
prior to such pnblic bearing.
P,. In lieu of complying with the provisions of this section, written
verified waivers of notice executed by the p:-'rsons e_qtitled to recelve such notice
may he filed with the to,wa clerk at the ttme of filing tim petition.
C. Failure to comply with the provf:;ious of ti, is section :.;!~all not affect
the validity of any action tat-ten by [he ]Roard of P, piTeals.
Nil. The £irst ambience of Section 100-141 P,. of ,'~rticle ZIV of Chaptee
100 of the Code of the Tox.,,n of Southold is hereby an:ended to read as follows:
t!. ~very building permit shall expire if tl~e x','ork aut~mriz,-~d h?s not
commeuced within twelve (12) rnontl~ after the.date of isa,ronco, or has act been
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completed within eighteen (18) months from such date.
XIII. Article ~XV of Chapter I00 of the Code of the Town of Southold
hereby amended by adding a ne:v section thereto, to be Section 100-152, to read
as follow9:
[100-152 Notice of proposed chauge of Zone Classffica[ion.
A. in the case of a petition requesting a change In zo ~ing district classi-
fication, in addition to the notice required by law. a written notice containing the
following information shall be s~nt by the petitioner, or his agent, by either
certified or registered mail, to every owner of property immediately adjacent
thereto. In the event thai any petitioner owns or has any interest in any property
Immediately adjacent to the property proposed to be changed tn zoning district
classification, then written notice shall also be given ~o the owners of the property
adjacent to such other property of the petitioner. For the purpose of tulo section.
tile words "owner" or "property owner" means the ox~ ncr a8 shoxvn oI~
Southold Town assessment roll. The notice required by thi~ .section shall be mailed
by the petitioner, or his agent, within five (5) d~ys preceding the filing of the
petition In the town clerk'8 office. ~roof of mailing of such notice in the form of
a sv,'orn statement shall be filed with the town clerk =t ~he time of filiug [ke petition.
Such notice shall contain the following information:
(I) A statement that the petitioner proposes to file a p,~t~tton with the
Southold Town Clerk requesting a change of zone classification.
(2) A description of the property wBlch ia tlxe subject of snch petition.
(3) TBe present zone n_::trtct classification of the property and tl~e proposed
zone district cl¢~sific~tion.
(4) A atatement tn._t within five (5) days the petition requesting ;~uch
change in zone district clas:;iflcation will be filed in the Soathold Town Clerk'a
O~,fue, Main Road. Southold, New York and may then be examined during regular
office horn's.
(5) A statement that a pnblic hearing wiih respect to such petition
-5-
be held by tim ~3outhold Fown Eoard before such change of zone can become cffectivel
that the person to v;hom the notice is addressed, or his representative, has [he
right to appear and be beard at such hearingl that a notice of such hearing will be
puhli,-~hed in the official town newspaper not less th.aa ten (10) days prior to such
public hearing.
P,. In lieu of complying with the provisions of this section, written verified
~,'Talvers of ootice executed by the persons entitled to receive such notice may be
filed x.,,ith the town clerk at the time of filing the petition.
C. Failure to cernply with 'the provisions of this section shall not affect
the validity of any action with respect to such petition.
-XIV. The Eulk and l;arking Schedule forn~ing a part of Chapter 100 of the
Code of the Tox~n of SouthcAd ts hereby amended to change the front yard require-
ments in the C l,ight Industri*.l District from 209 feet to 50 feet.
XV. This local law shall take effect immediately.
/CompT,q¢ the r ert[fieation ill the para~rp_p~~. .'hieh appli~ to th,: fiTing of thi~ Tr, cM l:n~ and .-tri~e oul the
matter therein ~dfich i~ not applieaMe.)
(Final adoption by ]heal ]egis-lati,,e body only.)
[. [ hereby certify that the local law annexed hereto, de.~-ignatcd ~]ocM law No ........ ~ ......of ]9..~(~.
of the (5~ of Southold was daly passed by the Town Board
Town ....................................................... i~'d'/,;"d,'"G~d,~d(;"iL',i~) .........................
on ............ Ma~..30. ............... 19...~.~ in accordance with the ~pplic~'ble I:,rovi~oas ~,f low.
(Pa<sage by ]o,!al l%iskttive body ~ith appro'.ul or no di~;qq~roval by El,:cti~e Chief Executive Offi,-cr
or ropassage ufter disapproval.)
2. [ hereby cc. rtiFy that t?,e l,,ca[ law mmexod herot% ,tesignate,las local ]~tw No ................ of 19 ........
Cc~unty
City
of the Town of ................................... was daly passedby .....................................................................................
Village
not disapproved
on ............................................. 19 ........ and ~as ,pproved by the ...................................................
repassed after disapproval EltcLNe Chi,.~ Ex~cutlve L~ficer
and was deemed duly a&~pted on .............................................. 19 ...... , in accordance ~ith the applicable
provisions of law.
(l:inal :~d,l[,tion b) r~,ferendum.)
3. I herebycertifythat thelocal law annexed herct%,'lesigaatedaslocal lawNo ............... of 19 ..........
CotJnty
of the CitYFown of ................................... was dulypas~ed by the ..............................................................................
Village not di.,approved
on .................................... 19 ........ and was approved by the .........................................................
repassed after disapproval El~tiv. Chi,q ~xecutive Officer
en ................................................. 19 .......Such local law was submitted to thc p,'c, ple by reason of a
amn,]ab~
pc. rmissive ref~-rendma and received the affirrrmti;e ~ote of a majority of the qualificdelectors xc, ting
thereon at thc special election held on ............................................ 19 ........ , in accer,]ance with the appli-
(Subject to p,'r[,lis:-i'.e r('fcreadum and finM ad,Lption b(-,'m]se no valid l)('tition filed rcquesti.g
re[cr,.].lam.)
4. I h*.r,.l,y c,-~tify t]lat thelm-al law mm,-x,'d lmr,.t% ,h.sig[~;,t,:d ns 1u,'al law No ............. of 19 ..........
Count)
City
of lhe Town '>f ............................... ~as duly passed by the ....................................................................... on
~ ilk,ge not disapprox~d
................................. 19 ........ and w:~s ~q,l:,roxed hy the .............................................. on
............................................... 19 ........ 5tJch local la~ L,fing ,nLj,.ct to a p~-rn,isqi'.,- rc[~.rc, ndum and no
x Mid (,e.filion ['~'qtJ,--li~g skit h t-c[erendu[n having }~een file,l, said l,.cal law x, as
...................................... 19 ..... , in ac,'or,lnnco x~ ith the apl,lit ;q,lc. kr,~x i.~T,,n~ of law.
*l']lectixc (:hi,.f I".x,.,:ldi~,- Officer [lll-tttl$ ,it- iu,'htdes Lite chief cxecuti',e officer of a em.dy cie, lcd
I~[I il k't,;lltt)-l%ide t~:L>is t~r if Ih,:re 1.2 at,rio the i'hitirhla[i of thc tpmtrd .[ ~upervi>~r-, tile [nil}Or Of a
ell) t,r xill.tge or the supcr~i~or of a to~n, ~dtere SLh:h officer is v,-stcd with [,m~er to ;tl,[ffove ur
xeto [o~';tl l~,s t,r ,,r,limmees.
(Cit.s lw-al ]a.w eonecrnin~ Charter re,.iMon pr.pn-cd h) 2ctiti,m.)
5. I h,' n.l)y cetl~fy that t]~e local Jaw annex, d hr*rolo, do>;~nntcd ~ local J~ No ................ o[ Jg ........
of the Ck~ of ........................... : ....................................... having b~en ~',]auined to r,.fer, n,]mn pursuant 1o Lhe
~ 36
special ei,.'tlon held on .............................
of the ,]ualif~cd electors of ~,,,:h city xoting therc,m nt the ~,m,n'M
................ ~9 ........... l:,~.c a~nc (q.eradve.
(CaLmly hlcal law concerning adoption of Charter.)
6. I hereby certi[y that the local law am~exed hereto, de~igm~ted as Local Law No ..... of 197 ... of the
County of ..................................... , State of New York, having been submitted to the Electors at the
General Election of November ........ , 19 ......... , pnrsuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Itome Rule Law and having received thc affirmative vote of a majority of thc qualified clcctot~ of the
cities of qaid county as a unit and of a majority of the qualified dcct,n's of the tox,.'n~ of ~aid c~mnty
congidcred as a unit voting at said general election, became operative.
(If uny other anthorized f.rm of final athq, tion has hoen folhmcd~ p~e~13c provide tm appr.priate
certification.)
I funlwr certify that I have compared the proceding local law with the original on file in this office
and that the sa,no is a oa'r,:ct transcript therofrom and of the whole of such original local Iaw, and was
finally a,loptod in the manner indicated in paragraph ............ ~ ............. above. '
Jud~thT. Boken, Southold Town Clerk
Date: June ,~ 1975.
(Seal)
(Certifb:ation to be executed hy Connty .\ttorney, Corporation Coum4eJ, To~n .'kttorrtey, Village .Mtorney
or other authorized Attorney of locality.)
STATE OF NEW 'tOHK
COIiN'I'Y t~F .....~3.~.L.k .)t.,~ ......................
l, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
pr,Jper procc~'dlngs have l,.en hat] or taken ['or the enactnient of the lc, cai law annexod hereto.
( l'itle of ¢qfficar) Town Attorney
Y~X~ of ....... ~.(:)) !~.!)P~: ..............................
Date,t: ,lune ,~ 1975
LOCAL LAW lC~ PUBLIC HEARING
Public Hearing was held on May 6, 1975 at 7:30 p.m.
at the Supervisor's Of£ice, 16 South Street, Greenport, New
York. Present were Supervisor Martocchia, Justice Demarest,
Justice Suter, Councilman Rich and Councilman Homart. Justice
Demarest read the Notice of Hearing.
Justice Demarest: I have the affidavit of publication in the
Suffolk Weekly Times signed by Stuart Dorman and also an
affidavit of publication in the Long Island Traveler
Mattituck Watchman signed by Sherley Katz. We have the
verification of copies that this notice was sent to the Town
of Riverhead, Town of Shelter Island, Town of Southampton,
Town of Easthampton, Village of Greenport, Village o£ Dering
Harbor, New York State Office of Parks and Recreation. I
have a letter from the Suffolk County Department of Planning.
Gentlemen:
Pursuant to the requirements of 13323 - 1332 of the
Suffolk County Charter, the above captioned application
which has been referred to the Suffolk County Planning Com-
mission is considered to be a matter of local determination.
Supervisor: You have heard the official notice read telling
what it is all about, the proposed amendments that are being
considered this evening, the proof of publication in the
proper official papers, the return receipt from all the
neighboring communities, towns and villages that had to be
notified with return copies on hand, the comments of the
Suffolk County Planning Commission leaving it to local
determination with no comments. At this point we will open
the hearing for discussion. I would like to point out a few
ground rules. Everyone will have the opportunity to give us
some input o£ their thoughts. On the first go-round I am
going to ask the people to speak that want to speak in favor
of these proposed amendments. Each person will be limited on
the go-round to five minutes. After we have heard the other
side of the coin, the ones opposing, they will have the same
opportunity limited to five minutes. After, in each case,
anyone who wants to speak into the record will have the
opportunity to speak. Then we will open up and everybody
can talk. At this time the floor is open to people that would
like to give their thoughts on the proposed amendments, that
they should be approved. The floor is open.
Shirley Bachrach: I am representing the League of Women
Voters.
The League of Women Voters of Riverhead-Southold approves
the amendment proposals to the zoning ordinance, but we have
some additional comments. We consider that these amendments
act as a bandaid to an instrument that should be completely
revised and updated with public input. Furthermore, the adopt-
ion of the Southold Town Development Plan as a tool for land
use planning has not been followed. Had the Town Board been
Local Law It Page Two
responsive to the strong objections of local citizens opposing
the construction of a condominium complex in Mattituck on
environmental grounds, much citizen ill will as well as costly
legal fees for both Town and local residents could have been
avoided.
With the exception o£ the local tidal wetlands ordinance
meaningful land use has been imposed either by the Cotunty or
the State in the last five years. While the Town has spent
over a year on providing a needed dog potuad and leash law, or
debated beach stickers for residents, the County initiated an
innovative Farm Preservation Program, a Shoreline Review
Amendment, offered to buy Orient Point for a public park and
obtained federal funds for revenue sharing with town govern-
ments. We believe that the Town Board has misdirected its
priorities in the matter of local plarnaing.
There remain some steps that can and should be taken:
1. Adoption of a fresh water wetlands ordinance to map
and protect valuable bodies of fresh water such as Maratooka
Lake and Horton's Pond from future encroaching development.
2. Studies of present traffic patterns in the hamlets
and plan~ing for service roads where development dictates that
safety hazards exist.
3. Requirements of planting off trees and shrubs in
shopping centers and provision for hedgerows and greenbelts
to screen and prevent erosion of topsoil.
4. Elimination of any new strip or spot zoned businesses.
There is sufficient property within the hamlets to meet any
commercially acceptable needs.
5. Adoption of flexible clustering of housing where water
and health standards can be met to meet the needs of citizens
who do not desire or cannot afford large land areas to main-
tain.
6. Active appeal to the State to hasten designation of
Route 25 as a scenic route as well as New Suffolk Avenue in
Mattituck and Route 27A from Greanport to Orient Point.
7. We urge that all town government bodies consider the
cumulative effects off series of minor subdivisions which can
be environmentally destructive because variances are more
readily granted when they border on marginally buildable land.
Area wide mapping to achieve maximum open space and even handed
approach in demanding strict compliance should be adhered to.
8. More flexibility in designation and use of parks and
open space. For example, if Orient Poznt were purchased flor
public use, it need not provide picnic, swimming or playground
facilities since the nearby State Park offers these. It can
Local Law -lt~ Page Three
serve as a nature study and wild life habitat or fishing
retreat. Other so-called pocket parks should be planned
throughout the town to provide benches and quiet enjoyment
o£ natural surroundings.
9. More rigid enforcement in concealment of commercial
garages, automobile lots, etc. by setback, fencing and land-
scaping requirements.
10. With nationwide concern for energy conservation, the
amount of commercial and municipal lighting can be reduced
considerably without loss o£ protection against vandalism.
The Suffolk Life today carried an article stating that LILCO
is phasing out municipal lighting service to the Town. This
offers an excellent opportunity to purchase uniform lighting
£ixtures for the Town in character with its historical past.
It will further enhance the scenic attraction for our tourist
economy.
11. We urge the adoption of a requirement for an environ-
mental impact statement by private builders. There is no
need to conclude that environmental and economic goals are
incompatible. NEWSDAY's Sunday Magazine of May 4th featured
an article about builder Murray Barbash, who believes that
environmental planning and building are not only compatible
but good business. Such a requirement helps both the builder
and the Town in providing vital information on which to base
intelligent zoning and planning. A booklet entitled "The
Best Buy is Open Space" published in Easthampton in 1970
compared the impact of providing services to a major develop-
ment with leaving the land undeveloped. It was demonstrated
that the cost to the Town in providing the building and main-
tenance of roads, utilities and all public services were more
costly than that o£ the additional tax base. Fir. John Klein
supports this doctrine.
12. We urge adjustment and resolution with the Federal
Flood Plain Hazard Maps in keeping with historical tidal levels
to provide flood insurance protection to conforming homes and
businesses.
13. More consistent use should be made of the Conservation
Advisory Council. We have also previously suggested an arch-
itectural review board and part time environmental land use
planner. As the pressures for development move eastward, it
becomes increasingly difficult to control overdevelopment,
which is why the frequent updating and reliance on the Town
Development Plan is so important.
Supervisor: Thank you very much, Mrs. Bachrach.
Philip Ofrias: I live on Bayview Road, Southold. My comments
have to do with Section 100-70 B (f) where the proposed amend-
ment eliminates the residential area within 300 feet of a
proposed use as the cause for prohibition of the proposed use.
Local Law .il ~ Page Four
Mr. Ofrias: Not only does this amendment make sense but
basically it is quite necessary to fit in with the overall
plarnaing of the Town for the reason that these areas where
the special exception is required have to do with those areas
zoned business. For the most part, the business-zoned
property in the Town, I believe the areas rtun about two to
three hundred feet deep parallel to the main thoroughfares of
the Town. In most instances, the land behind the business
zoned property is residential so the zoning the way it
presently reads, about 90% of the business zoned property
is within 300 feet of residential property and, accordingly,
this subdivision f and the uses that it applies to are
automatically precluded because of the residential area within
the 300 feet eliminate the residential within the 300 feet,
I say only makes the rest o£ the ordinances workable. It is
not workable in the present context for that reason.
Supervisor: Thank you, M~. Ofrias. Anyone else? Any more
comments in £avor of the proposed amendments? Has everybody
had the opportunity to speak in that direction? I wmll
entertain comments opposing one or all of them.
Pete Warren, Laurel: My first indication as to these amend-
ments is why. Why all of a sudden? We have these built-in
stopgaps in our ordinances, zn our zoning ordinances. Why
do we want to destroy them? They are there for a check of
balance and power between the Variance Board which I have been
fighting flor years, and the Town Board. With the exception of
the notification on zoning change and variance which I fought
for and it is coming about, there are a couple of spots in
there that are still wide open. Notification of adjacent
property owners, now when there is a road inbetween, the
property owner on the other side of the road isn't considered
adjacent. I fought to get a number of footage in there as far
as notification. In other words, you could have a road on
either side and maybe only one property owner is adjacent and
I still say that it should be a coverage of, say, of two,
three htuadred feet, whatever your lawyers come up with, to
notify enough people in the area of a variance or a zoning
change. Otherwise, it is still unfair, plus the petitioner
should be required to post that property with a nice normal
approved sign by the Board in that the property is going for
a variance besides the adjacent property ova~ers he notifies.
I don't mean adjacent I mean as far as footage goes, two
hundred feet or three hundred, whatever you want. Plus it
should be posted. I don't k_now what you can do to go about
chaning what you have now and get it right to begin with, but
it should be done right if you are going to do it and as far
as these other changes that we have, they are built-in stop-
gaps. It is not changing business from being erected, it is
changing certain businesses, stopping certain businesses that
might be detrimental to residential areas from being installed
on a piece of property. It is not stopping a business from
going up, it is stopping certain businesses, not stopping all
o£ them and I £eel the check o£ balance and powers between the
Town Board and the Variance Board who has in the past done
Local Law -1 ~ Page Five
things illegally. Maybe, that's why this meeting is on.
Maybe, that's why this is on. Maybe, they have done things
illegally that they want to try to encumber and now protect
and say, well, maybe we're under the protection of the change
of zoning now, because the Variance Board has done things in
the past which they shouldn't have done and they begin to
realize that they did these. Maybe, they are trying to
correct it, but what's done is done, but let's not change the
balance of powers. Let's not change the powers you which
would be considered the Executive Board and some other board
because they have to be controlled. You cannot give a
Variance Board a blanket coverage and say you do what you want,
we don't want to hear about it. The Town Board should know
about it and it should hear about it and the people should
know about it and should be notified properly. I still want
to know why, why all o~ a sudden these massive changes of
zoning. It doesn't sound right. There is something I don't
agree with a don't like. I just want to know an answer why
if you have an answer.
Supervisor: We are here tonight to hear comments from our
people. We are doing the iAtake. You fellows are giving us
the imput for t~s to think about. Over a period of years,
time doesn't stand still, there are some necessary changes
from experiences. You criticize in a nice way the mistakes
of the Appeals Board and you can go on to say the Planning
Board. You can go on to say the Town Board. Everyone will
accept constructive criticism because I don't want to do
business with the fellow that is perfect because I would be
scared. We all are human beings. Sometimes the decision we
make we think is proper and sometimes it turns out to be
maybe unpopular or improper. The Appeals Board is under very
good guidance. I don't think they've had a thing reversed on
them yet. Mistakes in judgment, possible, on all levels we
accept that. Why changes do come about, we see things that
are not quite working the way we thought perhaps they should
have worked and you see things develop that you didn't think
were going to develop. We attempt to make changes. Now,
these changes are being proposed tonight, we are not telling
you for a moment that they are perfect. We, as we worked on
them together with the Planning Board, the Appeals Board,
the Town Trustees at many, many meetings, we thought would be
an zmprovement to what we have and maybe we're wrong. I don't
know, but somebody has to bring something to the people
because you can easily sit by and do nothing. We are getting
paid to try to keep the Town moving in a good direction and
some of these things that we do propose we think is going to
try to keep it on course. Alot of the changes that are being
considered are not popular. They may step on somebody's toes.
We're not doing it because we didn't like that person or
wanted to step on his toes. From the experience we have had,
perhaps, with that particular change we want to make, we feel
a change should be made. Maybe, we are wrong again but we
are trying to improve. We might be all wrong, I don't know.
Only time will tell.
Local Law 1~ Page Six
Mr. Warren: Time told on the three shopping centers which
we fought. Three shopping centers within four miles.
Supervisor: Doing nothing, you can't make too many mistakes.
Mr. Kennedy: I would like to ask the Board to explain why it
is necessary to have provision save after failure to comply
with the provision etc. with any action with respect to this
petition. I would like to know why that it put in there.
Supervisor: Mr. Tasker, would you address yourself to that
comment ?
Mr. Tasker: I recommended that as the Town Attorney. The
reason for it is this. This provision is an additional notice
that is required to be given to the adjacent property owners.
It is not required by the law. Ail that we are required to do
is to give notice of a hearing in the official town newspaper.
This is an additional form of notice that is required to be
mailed to the adjacent ovnaers. Since it is not required
legally that this type of notice be given, the defects in the
giving of the notice should not invalidate the action of the
Board of Appeals or the Town Board in acting on these petitions.
To give you an example,it could very well be claimed that an
adjacent property owner did not in fact get the notice. He
claims this and he claims that therefore the action that the
Town Board or the Board of Appeals took on the application or
petition was legally defective and what we would be doing is
litigating the question of whether or not this person did or
did not receive a notice that is not legally required to be
given to him so we felt or at least it is my opinion that the
petitioner ~$u~ will be required to give the notice, but if,
for any reason at all, there is a question of whether or not
he did or did not get the notice, should not place in jeopardy
the action that the Town Board took thereafter and that's the
reason for this provision.
Supervisor: Does that answer your question, Mr. Kennedy.
Mr. Kennedy: That answers it.
Supervisor: Anyone else?
Andrew Goodale: We are talking about contra, are we not,
Mr. Supervisor?
Supervisor: Yes, we are.
Mr. Goodale: By way of identification, I am Andrew Goodale.
I am from New Suffolk. I am a member of the New Suffolk
Civic Association and also a member of the Allied Council of
the North Fork Taxpayers' Group. Some time ago I read in the
newspaper that in Southold Town you have to live here for
100 years and keep your mouth closed before you can open it
and make waves. Since I've only been around about 50 years
I would like to privilege of opening my mouth and only making
Local Law -1[ ~ Page Seven
a half a wave, if that's permissable. I address myself to
thatportion of the proposed local law, namely, item number 9
that refers to Article VII B concerning the elimination of
the special exception from the residential areas. Before I
will get into that, I would like to mention that zoning
purposes as you know are contained in ou~ present zoning law.
They are set forth, they are derivative of the police power
which is given to this Board and there ms no question about
it that this Board has the legislative power to enact these
and, heavy as the burden on he who would try to change them,
but within that framework I would like to remind the Board
that the general purposes provide for the promotion of the
public health, safety and welfare which are the police powers;
provision for public facilities; the adequate sites for
residence, industry and commerce; the privacy of families;
the reduction of traffic congestion; maximum protection of
residential areas; a gradual elimination of non-conforming
uses. Within that we find also those aesthetic considerations
for the enhancement of the appearance of Southold Town to
encourage flexibility in the design and development of land,
the appropriate use of land, of streets, utilities, to
preserve the open space, foster and protect the agricultural
and fisheries. These are laudible and they are all within
the general power of zoning and that is what the framework is.
There are also provisions for conflicts. If we endeavor to
down-zone and it becomes in conflict with a higher standard,
that higher standard will govern in zoning and if also in
conflict with an ordinance that higher established ordinance
will prevail. This, of course, is consistent with the
Master Plan and the filed map and that this Board is charged
with that responsibility as well as that duty and I am sure
they will discharge it. In connection with this specific
item that I had mentioned, namely, the B4 of the general
business, I have a personal interest in that but I am going
to subordinate that because I think we are confronted now
with a larger problem, I think a larger would you say
application and I think that the overall good of Southold
Town is the consideration here. I would say if we look at
B-1 in the first interest the general business district,
what can you put in now? Wel~, you ~ill find that you can
put in it all the permitted and agricultural and light busi-
ness uses which are now permitted as a matter of right. I
won't enumerate those but in addition to that by special
exception, you can put in all special exceptions in resid-
ential and agricultural uses under Article III Section 130B
and that goes all the way from two-family dwellings, churches,
private schools, libraries, charitable religious nursing and
rest homes, sanitarium, children's recreational seasonal
camps, labor and farm camps, non-commercial boat docking
facilities, veterinarian and animal hospitals, as one
portion in addition to what is already there you can put
these in by special exception. And you can also put in
from the multiple residence under special exception Article
V Section 15OB, marinas, multiple dwellings, hotels, motels
and tourist camps and then what does the law that is that
particular section, namely, Article VII Section iOOB provide?
Local Law -1'~ ~ Page Eight
You can put in places of amusement, fishing stations, public
garages, gasoline service stations, new and used car lots all
subject to certain safety restrictions having to do with the
storage of inflammable gas, etc. and then we come to the
actual nitty-gritty of it, the one that I think the elimination
is not to be advised, namely, no motor vehicles sales, used
car lots, gasoline service or repair shops or similar businesses.
That similar businesses covers a wide scope because under
the succeeding application that this law would propose you can
also put in that area plumbing shops and carpenter shops and
furniture shops and even including motorcycle shops. Within
that framework, those are the things that would apply. By
taking away that 300 feet limitation I am afraid that it would
be a discrimatory application against the residence district,
but not only against the residence district because if you
gentlemen will look at what is contained in our present law,
that is our present map, and I am sure you are familiar with
it but I just wanted to refresh your memories that we beginning
from the west down to the east have in Mattituck principally
all your business areas are backed up against residential
areas, that ms true. It is an old map but nevertheless I have
made some effort to bring it up and what we have is the typical
strip business application which is common to small hamlets
and villages where the business is clustered around the areas
of the retail. So within these areas I am addressing myself
now to the business area. You have the light business, the
retail and you have this heavlew business. One of our problems
is that we only have two types of business zone and as you move
on down through Cutchogue and Southold you will find that all
the way to Orient and even down to Fishers Island which is the
last that these are B-1 areas. What I am saying is that in
the B-1 areas we have an overload now and any assertion that
there is sufficient B-1 areas, in my opinion, deserves a
great deal of investigation. So, if we were to take and remove
this kind of residential restriction, it's true it would remove
a safeguard, a buffer zone, something that has existed for quite
awhile, that is designed to protect the residential interests.
But by the same token, where you have business zone side by
side, namely retail, and heavy business or general business as
we know it, it means that the local retail will be jeopardized
by the introduction and the intrusion of these heavier inter~
ests.
Supervisor: Your time is up. You can come back up again.
I let you rtun over a couple of minutes. You gave a very nice
presentation. Is there anyone else at this time that would
like to speak? Has everyone now had a chance to speak in
opposition? It appears that everybody has had the opportunity
to make comments, a few moments ago that were in favor and
some against in the last go-round. At this time we will open
the floor again to rebuttals, further comments, further
discussion.
Mr. Goodale: I would like to have the opportunity for more
presentation, iff I may, Mr. Supervisor. I was at the point
Local Law ~1~ ~ Page Nine
where the argument that I was making is that in the
elimination of this as a discrimatory application in the
residence district, it also discriminates against the
business district because it is already there, already
overloaded, namely, the business one and would expose all
business in the adjoining districts o£ retail and general
business to a heavier business intrusion. I think that
the £act that more would be added u~der this zoning amend-
ment of these type of uses would only further complicate
the issue. The point here is what are the solutions and
the solutions I think in part are to try not to put square
pegs in round holes, to put some round pegs in some round
holes. So, if we consult the authorities and I refer to
Anderson on zoning. He mentions that we have creation of
more transitional and larger B-1 districts and in those
transitional districts, they are designed to create the
orderly development between the residential to the business
to the hea~y business to the real heavy business to the
industrial, the manufacturing and related. Along those
lines Brookhaven Tow~ has five business districts all the
way from J through. They have a creation where retail is
one specific district, professional and medical, auto and
truck and general business. We have at least four defined
classifications. Then, another thing to is to improve and
define in our ow~ zoning regulations definitions. We find
a public garage will cover a host of things. There is a
public garage, a minor one, in some ordinances that are
major garages. Under the major certain things are permitted.
Under minor you can't. These are the things that I think
that require our attention. To give a specific illustration
of one thing that you encoura§e in our present shall we say
lack of definition in our present zoning under industrial
you will £ind, as I read it, for an office building, research,
design and development laboratories, office buildings are
relegated to an industria~=~s~ict under Article VIII
Section 180. Why, in theOry,S,should that be in an indust-
rial district or why should we put a condominium in an
industrial district? On that basis, I would recommend that
we proceed with a little more study and we try to create
additional districts. Mr. Xlein in his development of farm-
land rights, there is going to be buffer zones alongside of
them that they don't want, they are going to be taken by
condemnation, because he feels the speculators will grab them
up. This may be an opportunity. Maybe, mini-parks for
business might be an opportunity. Maybe, an area in which
we could devote our energies to improving and enlargmng and
streamlining, making it more sophisticated. Lastly, but not
leastly, there are certain people who are at school board
meetings tonight who have signed a petition that the
elimmnation of the one hundred foot limitation should not be
passed and I would like to offer them to the Town Board not
for the idea of being a legal petition because it does not'
meet the twenty percent requirements but as an indication
that there are people who are interested in preserving the
status quo in connectmon with that particular application.
I thank you very much.
Local La~ .-1 5 Page Ten
Supervisor: Thank you very much for your presentation. Any-
one else wish to speak or make comments?
Gladys Csajko: My name is Gladys Csajko. I am the president
of the Council of Allied Asso6iations. As such, I want to
speak on Article XI, number XI. This is for the Council. We
would like to commend the Board on behalf of this amendment.
As you know, we asked for it. It provides needed protection
for the community. However, although Mr. Kennedy has raised
the question on number c under this, my question is still is
this an escape hatch? It seems to be a little too all-encom-
passing to be a saving clause. It appears to me that it would
nullify the entire thing. You have already called for
registered certified mail. Your proof of attempt of delivery
is the post office returning this saying that delivery cannot
be made. Why is the clause in? Is it possible that this
clause could if it were taken to court, nulli£y this entire
very important ordinance? This is one thing that is bothering
us about it.
Supervisor: Mr. Tasker has indicated that this one is in
addition.
Ms. Csajko: I heard what Mr. Tasker said but I am still
questioning the fact that by certi£ied or registered mail you
can prove that you did attempt to notify, so why do you have
this very, very broad statement in here except as a possible
escape hatch for somebody? They can say, here it says, not
doing this allows, will not have any effect. I think this
could possibly, I don't say that there is anything wrong here,
I would like to see possibly it be clarified just a little
more strongly as it is now. I think it is too much of an
escape hatch for a very smart lawyer. As far as Section IX
and X go, the Council has opposed this on the downzoning
effect of it. Mr. Goodale has gone quite into detail on it.
We feel that there are, we know of one case where a young man's
tried to do everything he possibly can to get within the law
on it, and we do not hold it against him. However, like the
finger in the dike. Just take it out, the dike might go. In
this case, we feel that this is a typical form of downzonAng.
That's it as far as the Council goes. Now, I want it on the
record that I am speaking for myself and no one can say I am
using the Council in any way. I would like to ask first, is
it possible that these ordinances can be voted on separately
section by section or must they be voted on as one intoto local
law.
Mr. Tasker: They can be voted on separately.
Supervisor: You mean by the Board?
Ms. Csajko: Yes. O.K. My personal opinion is that i~ is a
bit of a hodgepodge and I have comments on quite a number o£
them if I can keep my notes straight. The first one is the
amendment about the horses or ponies. Now, first of all, I
think this thing is a little frivolous. I really do not see
the point of this one at all. You currently have an ordinance
calling for two horses as long as you have 40,000 square feet,
Local Law -ii. ~ Page Eleven
which is slightly less than an acre. Now, you want to change
it to two horses for a family. Now, suppose somebody had ten
or twenty acres of land and they have four or five people in
the family? Why should they be limited to two horses as long
as it's for their own personal use? This is an infringement
on civil rights. The next thing you're going to be doing is
telling us how many dogs we can have, how many cats we can
have, how many canaries we can have. If you want to write
this ordinance to say that you may have only two horses per
acre or something along that line, put in an amount, let's
face it. I can see the point to it but just limit a family
to two horses and they might have twenty or thirty acres of
land, I am sorry I feel it is an infringement of civil rights.
I seriously don't understand what this one is doing here.
The second one is on the amendment the reduce the distance
from the lot line for horses and domestic animals. Why in the
world do you want to do that? You're downzoning, again. This
ten feet it not going to make any difference, your smell isn't
going to be much different, the flies are still goin;:to be
there. My only possible thought on this is that maybe some-
body has a barn somewhere that they want to use for horses
that is only forty feet away and you are trying to help them
out. I mean, if this is so, say so, and if you can, give
them a special exception, but to change this 50 to 40 foot,
it just doesn't make sense. There's no point to this particular
amendment, ordinance, whatever you want to call it. Now, the
third one was on the site plan. I don't quite know, the only
question I have on that is who is the site plan going to be
approved by?
Mr. Martocchia: The site plan is by the Planning Board.
Ms. Csajko: O. K. as far as that goes, I think it is a very
good idea. Number 4, 5 and 6 are all dealing with your multiple
district and, again, I feel you are going to downzone again.
You are taking Section 100-52 which comes from the heavier
multiple residence and you are putting it into Section lO0-40A.
This is all regulated more or less by your residential areas.
You are downzoning them to get them closer to your general
multiple. I have a question. What is this 125 feet? Where
is the, what is the point of this 125 feet? I don't tunder-
stand it. You have it in youtr 52, but why do you want to put
· t into your lO0-40A? Why do you want to bring it into there?
There must be a purpose and I just want to know what the
purpose is. In the first district section, there is nothing
about the 125 feet, but there is in the second section, I
have a lighter one and a heavier one, Article IV is regulated
by residential. Article V has the 100-52 with the M District
being limited to 125 feet. I just want to know what the
ptarpose is?
Mr. Martocchia: In the section it doesn't say how long it
should be so they're setting a limit on it.
Ms. Csajko: O.K., that's all I wanted to know. On your
LOCAL LAW 1~ - PUBLIC HEARING
Public Hearing was held on May 6, 1975 at 7:30 p.m.
at the Supervisor's Office, 16 South Street, Greenport, New
York. Present were Supervisor Martocchia, Justice Demarest,
Justice Surer, Councilman Rich and Councilman Homan. Justice
Demarest read the Notice of Hearing.
Justice Demarest: I have the affidavit o£ publication in the
Suffolk Weekly Times signed by Stuart Dorman and also an
affidavit of publication in the Long Island Traveler -
Mattituck Watchman signed by Sherley Katz. We have the
verification of copies that this notice was sent to the Town
of Riverhead, Town of Shelter Island, Town of Southampton,
Town of Easthampton, Village of Greenport, Village of Dering
Harbor, New York State Of£ice of Parks and Recreation. I
have a letter from the Suffolk County Department of Plarkning.
Gentlemen:
Pursuant to the requirements of 13323 - 1332 of the
Suffolk County Charter, the above captioned application
which has been referred to the Suffolk County Plarming Com-
mission is considered to be a matter of local determination.
Supervisor: You have heard the official notice read telling
what it is all about, the proposed amendments that are being
considered this evening, the proof of publication in the
proper official papers, the return receipt from all the
neighboring communities, towns and villages that had to be
notified with return copies on hand, the comments of the
Su££olk County Plarmning Commission leaving it to local
determination with no comments. At this point we will open
the hearing for discussion. I would like to point out a few
ground rules. Everyone will have the opportunity to give us
some input of their thoughts. On the first go-round I am
going to ask the people to speak that want to speak in favor
of these proposed amendments. Each person will be limited on
the go-round to five minutes. After we have heard the other
side of the coin, the ones opposing, they will have the same
opportunity limited to five minutes. After, in each case,
anyone who wants to speak into the record will have the
opportunity to speak. Then we will open up and everybody
can talk. At this time the floor is open to people that would
like to give their thoughts on the proposed amendments, that
they should be approved. The floor is open.
Shirley Bachrach: I am representing the League of Women
Voters.
The League of Women Voters of Riverhead-Southold approves
the amendment proposals to the zoning ordinance, but we have
some additional comments. We consider that these amendments
act as a bandaid to an instrument that should be completely
revised and updated with public input. Furthermore, the adopt-
ion o£ the Southold Town Development Plan as a tool for land
use planning has not been followed. Had the Town Board been
Local Law 1[ Page Two
responsive to the strong objections of local citizens opposing
the construction of a condominium complex in Mattituck on
environmental grounds, much citizen ill will as well as costly
legal fees for both Tow~ and local residents could have been
avoided.
With the exception of the local tidal wetlands ordinance
meaningful land use has been imposed either by the County or
the State in the last five years. While the Town has spent
over a year on providing a needed dog pound and leash law, or
debated beach stickers for residents, the County initiated an
innovative Farm Preservation Program, a Shoreline Review
Amendment, offered to buy Orient Point for a public park and
obtained federal funds for revenue sharing with town govern-
ments. We believe that the Town Board has misdirected its
priorities in the matter of local planning.
There remain some steps that can and should be taken:
1. Adoption of a fresh water wetlands ordinance to map
and protect valuable bodies of fresh water such as Maratooka
Lake and Horton's Pond from future encroaching development.
2. Studies of present traffic patterns in the hamlets
and planning for service roads where development dictates that
safety hazards exist.
3. Requirements of planting of trees and shrubs in
shopping centers and provision for hedgerows and greenbelts
to screen and prevent erosion of topsoil.
4. Elimination of any new strip or spot zoned businesses.
There is sufficient property within the hamlets to meet any
commercially acceptable needs.
5. Adoption of flexible clustering of housing where water
and health standards can be met to meet the needs of citizens
who do not desire or cannot afford large land areas to main-
tain.
6. Active appeal to the State to hasten designation of
Route 25 as a scenic route as well as New Suffolk Avenue in
Mattituck and Route 27A from Greenport to Orient Point.
7. We u~ge that all town government bodies consider the
cumulative effects of series of minor subdivisions which can
be environmentally destructive because variances are more
readily granted when they border on marginally buildable land.
Area wide mapping to achieve maximum open space and even handed
approach in demanding strict compliance should be adhered to.
8. More flexibility in designation and use of parks and
open space. For example, if Orient Point were purchased for
public use, it need not provide picnic, swimming or playground
facilities since the nearby State Park offers these. It can
Local Law -1~ ~ Page Three
serve as a nature study and wild life habitat or fishing
retreat. Other so-called pocket parks should be planned
throughout the town to provide benches and quiet enjoyment
of natural surroundings.
9. More rigid enforcement in concealment of commercial
garages, automobile lots, etc. by setback, fencing and land-
scaping requirements.
10. With nationwide concern for energy conservation, the
amount of commercial and municipal lighting can be reduced
considerably without loss of protection against vandalism.
The Suffolk Life today carried an article stating that LILC0
is phasing out municipal lighting service to the Town. This
offers an excellent opportunity to purchase uniform lighting
fixtures for the Town in character with its historical past.
It will further enhance the scenic attraction for our tourist
economy.
11. We urge the adoption of a requirement for an environ-
mental impact statement by private builders. There is no
need to conclude that environmental and economic goals are
incompatible. NEWSDAY's Sunday Magazine of May 4th featured
an article about builder Murray Barbash, who believes that
environmental planning and building are not only compatible
but good business. Such a requirement helps both the builder
and the Town in providing vital information on which to base
intelligent zoning and planning. A booklet entitled "The
Best Buy is Open Space" published in Easthampton in 1970
compared the impact of providing services to a major develop-
ment with leaving the land undeveloped. It was demonstrated
that the cost to the Town in providing the building and main-
tenance of roads, utilities and all public services were more
costly than that of the additional tax base. Mr. John Klein
supports this doctrine.
12. We urge adjustment and resolution with the Federal
Flood Plain Hazard Maps in keeping with historical tidal levels
to provide flood insurance protection to conforming homes and
businesses.
13. More consistent use should be made of the Conservation
Advisory Council. We have also previously suggested an arch-
itectural review board and part time environmental land use
planner. As the pressures for development move eastward, it
becomes increasingly difficult to control overdevelopment,
which is why the frequent updating and reliance on the Town
Development Plan is so important.
Supervisor: Thank you very much, Mrs. Bachrach.
Philip Ofrias: I live on Bayview Road, Southold. My comments
have to do with Section 100-70 B (f) where the proposed amend-
ment eliminates the residential area within 300 feet of a
proposed use as the cause for prohibition of the proposed use.
Local Law -15 ~ Page Four
Mr. O£rias: Not only does this amendment make sense but
basically it is quite necessary to fit in with the overall
planning of the Tow~ for the reason that these areas where
the special exception is required have to do with those areas
zoned business. For the most part, the business-zoned
property in the Town, I believe the areas ru~ about two to
three hundred feet deep parallel to the main thoroughfares of
the Tow~. In most instances, the land behind the business
zoned property is residential so the zoning the way it
presently reads, about 90% of the business zoned property
is within 300 £eet of residential property and, accordingly,
this subdivision f and the uses that it applies to are
automatically precluded because of the residential area within
the 300 feet eliminate the residential within the 300 feet,
I say only makes the rest of the ordinances workable. It is
not workable in the present context for that reason.
Supervisor: Thank you, Mr. O£rias. Anyone else? A~y more
comments in favor of the proposed amendments? Has everybody
had the opportunity to speak in that direction? I will
entertain comments opposing one or all of them.
Pete Warren, Laurel: My first indication as to these amend-
ments is why. Why all of a sudden? We have these built-in
stopgaps in our ordinances, in our zoning ordinances. Why
do we want to destroy them? They are there for a check of
balance and power between the Variance Board which I have been
£ighting for years, and the Town Board. With the exception of
the notification on zoning change and variance which I fought
for and it is coming about, there are a couple o£ spots in
there that are still wide open. Notification o£ adjacent
property owners, now when there is a road inbetween, the
property owner on the other side of the road isn't considered
adjacent. I fought to get a number of footage in there as far
as notification. In other words, you could have a road on
either side and maybe only one property ovaaer is adjacent and
I still say that it should be a coverage of, say, of two,
three hundred feet, whatever your lawyers come up with, to
notify enough people in the area of a variance or a zoning
change. Otherwise, it is still unfair, plus the petitioner
should be required to post that property with a nice normal
approved sign by the Board in that the property is going £or
a variance besides the adjacent property owners he notifies.
I don't mean adjacent I mean as far as footage goes, two
hundred feet or three hundred, whatever you want. Plus it
should be posted. I don't know what you can do to go about
chaning what you have now and get it ri~t to begin with, but
it should be done right if you are going to do it and as far
as these other changes that we have, theM are built-in stop-
gaps. It is not changing business from being erected, it is
changing certain businesses, stopping certain businesses that
might be detrimental to residential areas from being installed
on a piece of property. It is not stopping a business from
going up, it is stopping certain businesses, not stopping all
of them and I feel the check of balance and powers between the
Town Board and the Variance Board who has in the past done
Local Law -1 3 Page Five
things illegally. Maybe, that's why this meeting is on.
Maybe, that's why this is on. Maybe, they have done things
illegally that they want to try to encumber and now protect
and say, well, maybe we're under the protection of the change
o£ zoning now, because the Variance Board has done things in
the past which they shouldn't have done and they begin to
realize that they did these. Maybe, they are trying to
correct it, but what's done is done, but let's not change the
balance of powers. Let's not change the powers you which
would be considered the Executive Board and some other board
because they have to be controlled. You cannot give a
Variance Board a blanket coverage and say you do what you want,
we don't want to hear about it. The Town Board should know
about it and it should hear about it and the people should
know about it and should be notified properly. I still want
to know why, why all of a sudden these massive changes of
zoning. It doesn't sound right. There is something I don't
agree with a don't like. I just want to know an answer why
if you have an answer.
Supervisor: We are here tonight to hear comments from our
people. We are doing the i~take. You fellows are giving us
the imput for %1~ to think about. Over a period of years,
time doesn't stand still, there are some necessary changes
from experiences. You criticize in a nice way the mistakes
of the Appeals Board and you can go on to say the Planning
Board. You can go on to say the Towm Board. Everyone will
accept constructive criticism because I don't want to do
business with the fellow that is perfect because I would be
scared. We all are human beings. Sometimes the decision we
make we think ms proper and sometimes it turns out to be
maybe unpopular or improper. The Appeals Board is under very
good guidance. I don't think they've had a thing reversed on
them yet. Mistakes in judgment, possible, on all levels we
accept that. Why changes do come about, we see things that
are not quite workinE the way we thought perhaps they should
have worked and you see things develop that you didn't think
were going to develop. We attempt to make changes. Now,
these changes are being proposed tonight, we are not telling
you for a moment that they are perfect. We, as we worked on
them together with the Planning Board, the Appeals Board,
the Towm Trustees at many, many meetings, we thought would be
an improvement to what we have and maybe we're wrong. I don't
know, but somebody has to bring something to the people
because you can easily sit by and do nothing. We are getting
paid to try %o keep the Tow~ moving in a good direction and
some of these things that we do propose we think is going to
try to keep it on course. Alot of the changes that are being
considered are not popular. They may step on somebody's toes.
We're not doing it because we didn't like that person or
wanted to step on his toes. From the experience we have had,
perhaps, with that particular change we want to make, we feel
a change should be made. Maybe, we are wrong again but we
are trying to improve. We might be all wrong, I don't know.
Only time will tell.
Local Law 16 Page Six
Mr. Warren: Time told on the three shopping centers which
we fought. Three shopping centers within four miles.
Supervisor: Doing nothing, you can't make too many mistakes.
Fir. Kennedy: I would like to ask the Board to explain why it
is necessary to have provision save after failure to comply
with the provision etc. with any action with respect to this
petition. I would like to know why that it put in there.
Supervisor: ~lr. Tasker, would you address yourself to that
comment?
Mr. Tasker: I recommended that as the Tovzn Attorney. The
reason for it is this. This provision is an additional notice
that is required to be given to the adjacent property owners.
It is not required by the law. Ail that we are required to do
is to give notice of a hearing in the official town newspaper.
This is an additional form of notice that is required to be
mailed to the adjacent owners. Since it is not required
legally that this type of notice be given, the defects in the
giving of the notice should not invalidate the action of the
Board of Appeals or the Town Board in acting on these petitions.
To give you an example,it could very well be claimed that an
adjacent property o%rner did not in fact get the notice. He
claims this and he claims that therefore the action that the
Town Board or the Board of Appeals took on the application or
petition was legally defective and what we would be doing is
litigating the question of whether or not this person did or
did not receive a notice that is not legally required to be
given to him so we felt or at least it is my opinion that the
petitioner ~$u~ will be required to give the notice, but if,
for any reason at all, there is a question of whether or not
he did or did not get the notice, should not place in jeopardy
the action that the Town Board took thereafter and that's the
reason for this provision.
Supervisor: Does that answer your question, Fir. Kennedy.
Mr. Kennedy: That answers it.
Supervisor: A~yone else?
Andrew Goodale: We are talking about contra, are we not,
Mr. Supervisor?
Supervisor: Yes, we are.
Mr. Goodale: By way of identification, I am Andrew Goodale.
I am from New Suffolk. I am a member of the New Suffolk
Civic Association and also a member of the Allied Council of
the North Fork Taxpayers' Group. Some time ago I read in the
newspaper that in Southold Town you have to live here for
100 years and keep your mouth closed before you can open it
and make waves. Since I've only been around about 50 years
I would like to privilege of opening my mouth and only making
Local Law -1[ ~ Page Seven
a half a wave, if that's permissable. I address myself to
thatportion of the proposed local law, namely~ item number 9
that refers to Article VII B concerning the elimination of
the special exception £rom the residential areas. Before I
will get into that, I would like to mention that zoning
purposes as you know are contained mn our present zoning law.
They are set forth, they are derivative o£ the police power
which is given to this Board and there is no question about
it that this Board has the legislative power to enact these
and, heavy as the burden on he who would try to change them,
but within that framework I would like to remind the Board
that the general purposes provide for the promotion of the
public health, safety and welfare which are the police powers;
provision for public facilities; the adequate sites for
residence, industry and commerce; the privacy of families;
the reduction of traffic congestion; maximum protection of
residential areas; a gradual elimination o£ non-conforming
uses. Within that we find also those aesthetic considerations
for the enhancement of the appearance of Southold Town to
encourage flexibility in the design and development of land,
the appropriate use of land, of streets, utilities, to
preserve the open space, foster and protect the agricultural
and fisheries. These are laudible and they are all within
the general power of zoning and that is what the framework is.
There are also provisions for conflicts. If we endeavor to
down-zone and it becomes in conflict with a higher standard,
that higher standard will govern in zoning and if also in
conflict with an ordinance that higher established ordinance
will prevail. This, of course, is consistent with the
Master Plan and the filed map and that this Board is charged
with that responsibility as well as that duty and I am sure
they will discharge it. In connection with this specific
item that I had mentioned, namely, the B4 of the general
business, I have a personal interest in that but I am going
to subordinate that because I think we are confronted now
with a larger problem, I think a larger would you say
application and I think that the overall good of Southold
Town is the consideration here. I would say if we look at
B-1 in the first interest the general business district,
what can you put in now? Wel~, you will find that you can
put in it all the permitted and agricultural and light busi-
ness uses which are now permitted as a matter of right. I
won't enumerate those but in addition to that by special
exception, you can put in all special exceptions in resid-
ential and agricultural uses under Article III Section 130B
and that goes all the way from two-family dwellings, churches,
private schools, libraries, charitable religious nursing and
rest homes, sanitarium, children's recreational seasonal
camps, labor and farm camps, non-commercial boat docking
facilities, veterinarian and animal hospitals, as one
portion in addition to what is already there you can put
these in by special exception. And you can also put in
from the multiple residence under special exception Article
V Section 15OB, marinas, multiple dwellings, hotels, motels
and tourist camps and then what does the law that is that
particular section, namely, Article VII Section iOOB provide?
Local Law -lb j Page Eight
You can put in places of amusement, fishing stations, public
garages, gasoline service stations, new and used car lots all
subject to certain safety restrictions having to do with the
storage of inflammable gas, etc. and then we come to the
actual nitty-gritty of it, the one that I think the elimination
is not to be advised, namely, no motor vehicles sales, used
car lots, gasoline service or repair shops or similar businesses.
That similar businesses covers a wide scope because under
the succeeding application that this law would propose you can
also put in that area plumbing shops and carpenter shops and
furniture shops and even including motorcycle shops. Within
~hat framework, those are the things that would apply. By
taking away that 300 feet limitation I am afraid that it would
be a discrimatory application against the residence district,
but not only against the residence district because if you
gentlemen will look at what is contained in our present law,
that is our present map, and I am sure you are familiar with
it but I just wanted to refresh your memories that we beginning
from the west down to the east have in Mattituck principally
all your business areas are backed up against residential
areas, that is true. It is an old map but nevertheless I have
made some effort to bring it up and what we have is the typical
strip business application which is common to small hamlets
and villages where the business is clustered around the areas
of the retail. So within these areas I am addressing myself
now to the business area. You have the light business, the
retail and you have this heaview business. One of our problems
is that we only have two types of business zone and as you move
on down through Cutchogue and Southold you will find that all
the way to Orient and even down to Fishers Island which is the
last that these are B-1 areas. What I am saying is that in
the B-1 areas we have an overload now and any assertion that
there is sufficient B-1 areas, in my opinion, deserves a
great deal of investigation. So, if we were to take and remove
this kind of residential restriction, it's true it would remove
a safeguard, a buffer zone, something that has existed for quite
awhile, that is designed to protect the residential interests.
But by the same token, where you have business zone side by
side, namely retail, and heavy business or general business as
we know it, it means that the local retail will be jeopardized
by the introduction and the intrusion of these heavier intern
ests.
Supervisor: Your time is up. You can come back up again.
I let you run over a couple of minutes. You gave a very nice
presentation. Is there anyone else at this time that would
like to speak? Has everyone now had a chance to speak in
opposition? It appears that everybody has had the opportunity
to make comments, a few moments ago that were in favor and
some against in the last go-round. At this time we will open
the floor again to rebuttals, further eolmments, further
discussion.
Mr. Goodale: I would like to have the opportunity for more
presentation, if I may, Mr. Supervisor. I was at the point
Local Law -1~ ~ Page Nine
where the argument that I was making is that in the
elimination of this as a discrimatory application in the
residence district, it also discriminates against the
business district because it is already there, already
overloaded, namely, the business one and would expose all
business in the adjoining districts of retail and general
business to a heavier business intrusion. I think that
the fact that more would be added under this zoning amend-
ment of these type of uses would only further complicate
the issue. The point here is what are the solutions and
the solutions I think in part are to try not to put square
pegs in round holes, to put some round pegs in some round
holes. So, if we consult the authorities and I refer to
Anderson on zoning. He mentions that we have creation of
more transitional and larger B-1 districts and in those
transitional districts, they are designed to create the
orderly development between the residential to the business
to the heavy business to the real heavy business to the
industrial, the manufacturing and related. Along those
lines Brookhaven Town has five business districts all the
way from J through. They have a creation where retail is
one specific district, professional and medical, auto and
truck and general business. We have at least four defined
classifications. Then, another thing to is to improve and
define in our own zoning regulations definitions. We find
a public garage will cover a host of things. There is a
public garage, a minor one, in some ordinances that are
major garages. Under the major certain things are permitted.
Under minor you can't. These are the things that I think
that require our attention. To give a specific illustration
of one thing that you encourage in our present shall we say
lack of definition in our present zoning under industrial
you will find, as I read it, for an office building, research,
design and development laboratories, office buildings are
relegated to an industria~=~s~$ict under Article VIII
Section 180. Why, in the~tC~Rv~,should that be in an indust-
rial district or why should we put a condominium in an
industrial district? On that basis, I would recommend that
we proceed with a little more study and we try to create
additional distr~cts. Fir. Klein in his development of farm-
land rights, there is going to be buffer zones alongside of
them that they don't want, they are going to be taken by
condemnation, because he feels the speculators will grab them
up. This may be an opportunity. Maybe, mini-parks for
business might be an opportunity. Maybe, an area in which
we could devote our energies to improving and enlarging and
streamlining, making it more sophisticated. Lastly, but not
leastly, there are certain people who are at school board
meetings tonight who have signed a petition that the
elimination of the one hundred foot limitation should not be
passed and I would like to offer them to the Town Board not
for the idea of being a legal petition because it does not'
meet the twenty percent requirements but as an indication
that there are people who are interested in preserving the
status quo in connection with that particular application.
I thank you very much.
Local Law -1 5 Page Ten
Supervisor: Thank you very much for your presentation. Any-
one else wish to speak or make comments?
Gladys Csajko: My name is Gladys Csajko. I am the president
of the Council of Allied Assodiations. As such, I want to
speak on A~ticle XI, number XI. This is for the Council. We
would like to commend the Board on behalf of this amendment.
As you know, we asked for it. It provides needed protection
for the con, unity. However, although Mr. Kennedy has raised
the question on number c under this, my question is still is
this an escape hatch? It seems to be a little too all-encom-
passing to be a saving clause. It appears to me that it would
nullify the entire thing. You have already called for
registered certified mail. Your proof of attempt of delivery
is the post office returning this saying that delivery cannot
be made. Why is the clause in? Is it possible that this
clause could if it were taken to court, nullify this entire
very important ordinance? This is one thing that is bothering
us about it.
Supervisor: Mr. Tasker has indicated that this one is in
addition.
Ms. Csajko: I heard what Mr. Tasker said but I am still
questioning the fact that by certified or registered mail you
can prove that you did attempt to notify, so why do you have
this very, very broad statement in here except as a possible
escape hatch for somebody? They can say, here it says, not
doing this allows, will not have any effect. I think this
could possibly, I don't say that there is anything wrong here,
I would like to see possibly it be clarified just a little
more strongly as it is now. I think it is too much of an
escape hatch for a very smart lawyer. As far as Section IX
and X go, the Council has opposed this on the downzoning
effect of it. Mr. Goodale has gone quite into detail on it.
We feel that there are, we know of one case where a young man's
tried to do everything he possibly can to get within the law
on it, and we do not hold it against him. However, like the
finger in the dike. Just take it out, the dike might go. In
this case, we feel that this is a typical form of dowmzoning.
That's it as far as the Council goes. Now, I want it on the
record that I am speaking for myself and no one can say I am
using the Council in any way. I would like to ask first, is
it possible that these ordinances can be voted on separately
section by section or must they be voted on as one intoto local
law.
Mr. Tasker: They can be voted on separately.
Supervisor: You mean by the Board?
Ms. Csajko: Yes. O.K. My personal opinion is that i~ is a
bit of a hodgepodge and I have comments on quite a number of
them if I can keep my notes straight. The first one is the
amendment about the horses or ponies. Now, first of all, I
think this thing is a little frivolous. I really do not see
the point of this one at all. You currently have an ordinance
calling for two horses as long as you have 40,000 square feet,
Local Law -1~ ~ Page Eleven
which is slightly less than an acre. Now, you want to change
it to two horses for a family. Now, suppose somebody had ten
or twenty acres of land and they have four or five people in
the family? Why should they be limited to two horses as long
as it's for their owu personal use? This is an infringement
on civil rights. The next thing you're going to be doing is
telling us how many dogs we can have, how many cats we can
have, how many canaries we can have. If you want to write
this ordinance to say that you may have only two horses per
acre or something along that line, put in an amount, let's
face it. I can see the point to it but just limit a family
to two horses and they might have twenty or thirty acres of
land, I am sorry I feel it is an infringement of civil rights.
I seriously don't understand what this one is doing here.
The second one is on the amendment the reduce the distance
from the lot line for horses and domestic animals. Why in the
world do you want to do that? You're dow~zoning, again. This
ten feet it not going to make any difference, your smell isn't
going to be much different, the flies are still goin~to be
there. My only possible thought on this is that maybe some-
body has a barn somewhere that they want to use for horses
that is only forty feet away and you are trying to help them
out. I mean, if this is so, say so, and if you can, give
them a special exception, but to change this 50 to 40 foot,
it just doesn't make sense. There's no point to this particular
amendment, ordinance, whatever you want to call it. Now, the
third one was on the site plan. I don't quite know, the only
question I have on that is who is the site plan going to be
approved by?
Mr. Martocchia: The site plan is by the Planning Board.
Ms. Csajko: O. K. as far as that goes, I think it is a very
good idea. N~mber 4, 5 and 6 are all dealing with your multiple
district and, again, I feel you are going to downzone again.
You are taking Section 100-52 which comes from the heavier
multiple residence and you are putting it into Section lO0-40A.
This is all regulated more or less by your residential areas.
You are downzoning them to get them closer to your general
multiple. I have a question. What is this 125 feet? Where
is the, what is the point of this 125 feet? I don't under-
stand it. You have it in your 52, but why do you want to put
it into your lO0-40A? Why do you want to bring it into there?
There must be a purpose and I just want to know what the
purpose is. In the first district section, there is nothing
about the 125 feet, but there is in the second section, I
have a lighter one and a heavier one, ~rticle IV is regulated
by residential. Article V has the 100-52 with the M District
being limited to 125 feet. I just want to know what the
purpose is?
Mr. Martocchia: In the section it doesn't say how long it
should be so they're setting a limit on it.
Ms. Csajko: O.K., that's all I wanted to know. On your
Local Lab 2-L_,'5 Page Twelve
number six here, you're adding a new section 100-53 and also
in Article IV Section 100-42 where you are dropping your
minimum livable floor space or area to 600 square feet from
850 square feet. Again, we are downzoing. What is the pur-
pose of that outside of giving more density to an area? Is
this to give the builders, it won't cost them so much money,
what is the purpose of dropping this 850 square feet?
Supervisor: On a full unit they ask for 850 and here we
are talking about a studio which is really one big room.
They feel you don't need 850 feet. 600 would be adequate.
Ms. Csajko: Originally you came up with the Master Plan
and I sat back and said Oh, thank God, we can stop worrying.
Now, things keep getting changed, and we've been worrying
ever since. I don't know whether there is some reason or
someone wants to put up this type of unit. Is there any
connection between KOA. I just don't know why you want to
downzone this 850 feet. You put it in. It is a good
logical amount. Why do you want to bring it down to 600 feet?
You are making a smaller density unit again. About the only
one it is going to help out is the guy that is building them
because it won't cost him as much.
Supervisor: When you are talking about 850 feet you are
talking about a kitchen, a living room, dinette, etc. When
you are talking about a studio, you're not talking about all
those things. They're practically all in one room so that's
why the difference between 850 and 600.
Ms. Csajko: That's even more reason.
Pete,' Warren: Are you talking about an apartment studio,
an apartment complex? You're narrowing that down. Oh,
great! This is getting smaller and smaller.
Ms. Csajko: It says minimum square feet of the floor area
for studio or one-bedroom dwelling units and 850 square feet
for all other dwelling units. I just don't like this. There
is something about it I just don't like. I think you are
making a mistake here. I think you should very seriously
consider this one all over again. I don't know the point
behind it. Article VII I think there is no reason to argue
with one way or another. That sounds like a great idea to
me. Number 8 again I think this is fine. People who have
florist shops and everything should have the permission. You
certainly aren't going to make an area look bad by putting a
couple of plants or shrubs outside. Mr. Goodale has already
taken care of 9 and 10.
Supervisor: Your time is up for this round.
Ms. Csajko: I just have one more thing to say.
Supervisor: You can come up again if there is no one else.
Is there anyone else who has some comments who has some
Local Law -1~ 5 Page Thirteen
in opposition or critical of what we are attempting to do?
Mr. Goodale: I only have a comment to continue what Ms.
Csajko had started because I had a question in my own mind
on that Article 8 for retail sales displaying street merch-
andise except stores offering living plants, shrubs and
trees. I question this, Is this a discrimination against
other retail stores such as boats, bicycles, hardware stores,
sporting goods shops that may have displays within ~eir own
building lines and not on the street and it isn't an encroach-
ment so we are not confronted with the aesthetics and if the
aesthetics are in line, then so be it. But the question is
also that there are some particularly in villages that we
have souvineers, or items like that, postcards, I can see
prefabricated shall we say as items that go a yard units and
the kicker here, it seems to me, it says it must be in an
enclosed building. If that is the case and some of them that
have boats, for instance, or had something that is of a display
type and they are out in the yard with a fence, does that mean
that he has to build a building and, i£ so, that might pose
a problem but I take no position one way or other. I merely
ask the question, is it strictly applicable to florists,
nurseries, w~th the exclusion of all other types of retail
stores?
Supervisor: The way I interpret it, everything you're
allowed to do in B district with all different types of
merchandising, have to be in an enclosed area except the
ones that they speak about.
Mr. Goodale: Mr. Supervisor, if you now have several areas
that they do have them outside and they are displayed and
they are not the living shrubs, what about the question on
enforceability? That is my only question.
Supervisor: That would be the next step. Mr. Tasker, there
are presently non-conforming uses. They still exist, right?
Mr. Tasker: Yes, that is correct.
Robert Rinklin: This means if you have a boatyard with the
boats outside...
Councilman Homan: The chances are boats would not be in a
B district.
Mr. Goodale: Take a bicycle shop. He puts them out during
the day. A hardware store puts out yard equipment display.
Do we understand, then, that if he has had it before he will
continue the non-conforming use but someone else who opens
up a building or a new outfit, that he will not be permitted?
This may pose problems.
Supervisor: If the fellow sells the business he is doing,
the fellow that buys it enjoys the same thing. Am I right?
Local La~ 2-_ 15 Page Fourteen
Mr. Tasker: That is correct. You have a non-conforming use
except in a very few specific instances where the ordinance
proposes to set an amortization £or the elimination o£ a
non-conforming use, all non-conforming uses can continue
regardless of who operates the business which in the Tow~ of
Southold we have quite a few non-conforming uses and they
can continue legally the same way they have been in the past.
Mr. Goodale: Now, a new person opens up a new business in
a new spot.
Mr. Tasker: He has to con£orm. It's the same thing as
someone has a non-conforming house. By that I mean that it
might be on an undersized lot, it might not have the
required setback for front yards, sideyards or rear yards,
it might have a business conducted in it. It is a non-
conforming use and can continue, but anyone who constructs a
new house is going to have to conform to the presently
existing requirements o£ the zoning ordinance. The same
thing applies to businesses.
Mr. Goodale: Do you agree, Mr. Tasker, that you might have
a problem where you have one of these that has heretofore
displayed and now you have a new business that has opened up
and he says I am going to put something out and they say you
can't do it because you're a new business and the old business
says I'm going to keep it. It's just a question, I don't want
to make a point o£ it. I merely curious as to how it would
be resolved.
Mr. Tasker: The same way that any other controversy will be
resolved. It would be resolved probably in a court of law.
The individual would claim that he has a non-conforming use
and has the right to continue it. Somebody else claims that
he doesn't have a non-con£orming use and this is the issue
litigation. This is how all questions are resolved, by a
court. We can't purport to solve all questions. There are
going to be di£ferences of opinion and that's what makes law-
suits.
Justice Demarest: The biggest part of this section 63 is
already in the building ordinance. It was adopted in June of
1973. It now reads all uses in the B district including the
display and sale of merchandise and storage of all property
shall be confined to fully enclosed buildings on the premises.
What we have added is except living plants, shrubs and trees,
We actually have modified it. It has been that way for several
years already.
Mr. Goodale: That sheds light then because what you are
doing now is authorizing the nurseries and the ones to be a
specific exception to the rule that already exists.
Justice Demarest: That's right.
Local La~ ~-- '5 Page Fifteen
Ms. Csajko: On the last one amending the bulk schedules
from 200 to 50 feet, is this more or less to force parking
in the rear? What's the thought behind it? If that's the
idea I think it's great but if it's other than that, I am
curious as to why you changed it.
Cotuncilman Homan: The parking is one thought of it but
another thought is alot of our districts only go back 200
feet. You can't make a man put a 200 foot parking lot, it
doesn't leave much.
Ms. Csajko: Why were all those notices sent to all those
different municipalities and everything? Did they have to
pass on this or is it just a legal .......
Supervisor: They can object.
Ms. Csajko: Have you received any objections from anybody?
Supervisor: No. We have signed receipts from all of them.
Mr. Warren: There is one question for the future that I
would like to look into. I would like to see the Variance
Board restricted to one variance per_lot. I have seen the
Variance Board give five of them on one single piece.
Supervisor: You're talking about the Appeals Board?
Mr. Warren: Yes. This is now for the future. You take one
piece of property, I can see the Variance Board having the
power to grant a variance - one, but not five different
separate variances on one piece of property. I have been
down there many times and they probably get sick of looking
at me, but they're going to keep seeing me. They have gone
to the extent where I still, my original question of why, in
the beginming, why on all these has been individualized by
alot of whys. My blanket why is still there because I still
feel that the main reason for this is to try to legalize alot
of stuff that has been going on all the time. There's got to
be somewhere along the line that somebody has got to balance
out power and the balance of power should be restricted on
the different boards. No one board should have the power to
grant five exceptions on one piece of property and it's being
done, then being sent to the Planning Board for approval,
the the Plar~ning Board sent it back for another varianoe.
That's all.
Supervisor: At this time I would like to thank each and every
one for giving up a lovely evening to meet with us tonight to
share your thoughts and we are really appreciative of your
input and your comments and good night. Hearing ms closed.
COUNTY OF SUFFOLK
STATE OF NI-mW YORK
Sherley Katz. being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER - MA~-I'ITUCK
WATCHMAN, a public newspaper printed at Southold,
in Suffolk County; and that the notice of which the
annexed is a printed copy, has been published in said
Long Island Traveler-Mattituck Watchman once each
week for ............ C~m l~..... (l-. I /-/l i ......... w~e~
s,Jccessi'veiy, commencing on the .............. ~.~...~.z ..............
..~,(..:.....~..:...~.~. ....... ~_~..-.....,:~.~-~. ..............
Sworn to before me this ...2~..~;~..~. ....... day of
.......... ..(..~. ....... , ,,-./~..
................... .....
I00 fZoniug) of the Code of the
hem ings by the 13oard of Appeals:
the keeping and h,using of aui-
nlals; site plan approx al; the length
of muhiple dx``ellings: mitdmum
PLEASE TAKE NOtICE that bedroonl or studi, d,,velliug unit
pt-.pnsed Local Lay, No. 2-1c~Ts. shallhaxealivablefloorareaofnot
eufidcd less than six hundred ~000~ square
VIh Section 100-60 C. (3) la) of
Article VI of Chapter 100 of the
Code of the ~own of Southold is
hereby amended b~ adding a new
As used iu this paragraph, the
tachcdorgroundsigns: displax .f contiguous property in common
merchandise; usc, in 13 I Districts:
cq)iration of building perndls: and
lrm!13ard sci back irt C Districts.~
was introduced at a meeting ut
the Toxin Board of thc Town uf
Southold held on the 25th day of
Fehruars. IqTs. Said proposed
Local taw pto:,ides as tbllo,,vs:
I. Section IO030A. 12~ Icl .f
Anicle Ill of Chapter I00 of the
Code of the Tov, n of Suuthuld is
Icj Ehe keeping of not more than
and used bx thc owner of the
premises for his personal use.
provided thai the land area de-
xoted to such use shall not be less
than fort,, tJl,msand (40.000)
square feet.
11. Section 100-30 C. IS)of Article
IIInfChapter I00 of the Code of the
TownofSoudtold i= hereby amend-
cd to read as follows:
151 Horses and domestic animals
other than household pets. provid-
ed that such shall not be housed
within forty 140~ fect of any lot line.
Housing for flocks of more than
t~.enty-five 12S) riml shall not be
construcled x~ ithin rift?, 1501 feet of
III. Section 100 40 A. of Article
IVofChapter 100 of the Code of the
Town of Southuld is hereby amend-
ed to read as follows:
A. Permitted uscs. subject to
site plan approval of the Planning
Board in accordance x``ith Article
KIll hereof.
IV. Section 100-40 A. 12) of
Article IV of Chapter 100 of the
Code of the Town of Soutnold is
hel'eh,, an~ended to read as follows:
121 Muhiple dv, e[hngs not ex-
ceeding one hundred tweuts-five
t125~ feel ill leugth designed for
and occupied by not more than four
t41 thmilies.
V. Article IV of Chapter 100 of
the Code of the To:`` n of Shut hold is
hereby amended by adding a new
section thereto, to be Section
100 42. to read as rilllo,as:
j100-42 Livable [loot area
Each dx,. elling unit in a multiple
dv, elling in the ['vi Light Multiple
Residence District shall have a
livable floor area of not less than
eight huudred rifD (8501 square
studio dwelling unit shall ha'.e a
livable floor area of llot less than six
hundred th00) square feet.
Vt. Article V of Chapter 100 of
the Code of the Town of Southold is
hereby ameuded by adding a new
100-53. to read as follo,,vs:
~100-53 Livable floor area.
Each dwelling unit in a multiple
dwelling in the M-I General
Multiple Residence District shall
have a Ii; able floor area of not less
than eight hundred fifty 18501
ox,, nm-ship.
VIII. Section 100-63 o[Article VI
of Chapter 100 of the Code of the
Tow n of Southold is hereby amend-
ed to read as follo'e~s:
$100-63 Uses confined to en-
closed buildb'lgs.
All uses permitted in a B
District. including the display and
sale of merchandise, and the
storage of all property, except
living plants, shrubs or trees, shall
be confined to fully enclosed
buildings on lite premises.
IX.Section lO0-70B.tf)of Article
Vll of Chapter I00 et the Code of
the Eov~u of Southold ix hereby
amended to read as foiler, s:
If) Nu nlotot vehicle sale,,, used
car lots, gasoline '~er'.ice or repair
~,hops or similar businesses arc to
be located ``:ithin three hundred
t300} lect of a church, public
school, librar5. hospital, orphan-
X. Section 100-7013. of Article VII
of Chapter Il)0 of the Code of the
Toy, n of Sotttbold is hereby amend-
ed by adding a ne,.~. paragraph
there tu. to be paragraph ~51 to read
ahops, furniture repair shops and
bicbcle and motorcycle shop~.
XI. Article Xll of Chapter 100 of-
the ('ode of the lown nf Southold is
hereby amended b?, adding a new
section thereto, to be section
100-12S. to read as follow~:
~100-125 Notice of Hearing.
A. I n all cases :`` here the Board of
Appeals it required to hold a public
hca, lng. itt addition to thc nolicc of
such hearing required bv la``~, a
subject of the petition.
the Southold Town Clerk's Office.
hearing with respect tn such
petition must be held bb' the Board
.f Appeals tlf the To~ n uf Southold
before the relief sought can be
granted: that the person tn whom
the nodce is addressed, or his
representative, has the right to
api*ear and be heard at such
hum'lng: that a notice of such
hearing ':.ill be published in the
official Town ne~spapcr not less
than five I$~ day~ prior to such
public hearing.
B. In Ibm of complying with the
provisions of thin section, x~ ritten
verified waivers of notice executed
by the persons entitled to receive
,uch notice may be filed with the
tot~n clerk at the time of filing the
petition.
C. Failure to comply with the
provisions of this section shall not
affect the validity of any action
taken by the Board o[ Appeals.
X[I. The first seato nee of Section
100-141 H. of Article XIV of
Chapter 100 of the Code of the
Town of Southold is hereby a mend-
ed to read as follows:
H. Every building permit shall
espire if the work authorized has
not commeuced x~ ~thin melx e 1121
months after the date ' suance,
or has not been colnpl A ,* ithin
eighteen 118) months from such
date.
XIII. Article XV of Chapter 100 of
the Code of the Town of Southold is
hereby amended by adding a new
section thereto, to be Section
100-152, to read as foilings:
,~100-152 Notice of proposed
change of Zone Cla.sifiearion.
A. In the case of a petition
requesting a change in zoning
district classificatim~, in addition to
the notice required by la'.',, a
written notice containing the
flqlowing bfformation shall be sent
by the petitioner, or bis agent, b3
either certified et registered mail.
to exery ex, her of property ina-
mediately adjacent thereto. In the
e,.ent that an~, petitioner owns or
has any interest in any propert3
immediately adjacent to the pro
perty proposed to be changed in
/oning district classirication, then
~ t itten notice shall also be gix en to
the owners of the property adja
petitioner. For the purpose of this
old Town assessment roll. The
uotice required b5 this section shall
be mailed b?. the petitioner, or his
agent, within five 15) day~ pre
ceding the filing of the petitim~ in
the town clerk's office. Proof of
nlailing of such n,~tice in the lbrm of
filing die petition. Such not ice shall
contain the follm``iug information:
fi~e Southold 'I'm`` n Clerk request-
12) A description of thc property
which is thc subject tff such
t3l The present zone district
classirication of the pr,pert?, and
the proposed zone distt ici classiri-
t41 A statentent that ;``ithin rixe
15~ da?.s the petition requesting
fication x~ ill be riled in the Sou [hold
'fm~ n Clerk's Office. Main Road.
S*~uthold. New York and may then
be examined durin~ regtdar office
pctidon nltlst bc held by tile
ntuicu of ~uch hearing wdl be
published in the official town
da)s priot tO SLICh public hearing.
B. [u lieu .[ complying x~ith tile
by thc persons entitled to receive
such notice may be filed xti[h thc
C. Eaihtrc to comply ~ith thc
XIV Thc Bulk and Parking
Schedule Forming a part of Chapter
100 ut the Code of the Iox~n ut
Southuld is Scrub5 amended to
change thc front yard require-
taunts in the (' Light Induslrial
District from 200 feet m 50 feet.
XV. ~hi~ local law ~hall take
effect immediately.
Copies of ~aid proposed Local
l.a~ No. 2 - Iq75 are axailable for
Tmon Clerk's Office to anx inter
PLEASE TAKE FURTHER
NO liCE that a public hearing v. ils
rcspccl m said Local Law No. 2 -
lq75.x~ill be held at Iht Super-
visor s Office. lO South Sitter,
GrecnpoFt. New York on the
edhdayofMa5,19'5atT:JOo'dock
P.M.. at xxhich time and place all
opportunit) to be heard.
Dated: April ~, 1975
BYORDEROFTHE
SOUTHOLDTOWN 13hARD
ALFlERTW. RICHMOND,
TOWNCLERK
IT4 24
COUNTY OF SUFFOLK J, ss:
STATE OF NEW YORK j
Sherley Katz. being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER - MATTITUCK
WATCHMAN, a public newspaper printed at Southold,
in Suffolk County; and that the notice of which the
annexed is a printed copy, has been published in said
Long Island Zraveler-Mattituck Watchman once each
week for / weeks
successively, commencing on the ......... ~ ..........
day of
:-~::"/~- ~-~: ~.:.~.z.. ...... Z.. .... Ti~~.,. ............
Sworn to before me this .............~... ....... day of
LEGA'L NOTICE
i' '
LOCAI, IAW
tigUoUs prOPerty in
owned .and used by the o~ of
the premises for his persmud use,
provided that the land area
1em titan forty thmmmd (40,000-'-)
tid~ m o~ ~ Iii/} of t~e '~
IV of Ctmpteri.:iOO ot the C~de? i ~em that
rely ~ ow~ m,' bas any
.....mend~ to. ~u: ~.?':' - -'
,. Pet, mtted'::~ ,~t..~ . ~a~v?~~-= !o .tn ..
~ IV of Chapter lo0 of the other pm~y of the..petitioner.
hereby. ~mend~. · t.O' 're~ as ....
owner" means the owner, as
~oll'of the TOVn.d souttmid. The
~~-~ by' th~ ..-etion
~-~'.~,.~~ ~ (s) ~
~.~ ~'~'s ~. ~f of
~ ~ ~.~~ e~ ~ me
(~) :A s~t~t ~at ~e
· .~ ~.-to ,~ ~
of .~ld for a variance,
~~ ~ ~e ~~n. a~ a ~
(S)- -'~e Zone: ~triet
(4) A ~ sm~ment of ~e
(~).;~ ~i~ d ~e ~. . A.. m '~ ~
by '~e ~~er.
(~) A ~~ent ~t ~~ ~ve
(~) ~~ ~on'~ ~ ~
-m ~e ~~d To~ ~k's
~e, Ma~ ~d, ~hold,
New York, ~d may ~en ~
~m~ d~g re~ office.
(~) A smtemen~ thnt-a public
~g ~ ~ ~ such
~.~on mint ~ h~d by ~e
.~ of Apes ~ ~e To~ of
~~ld ~o~ the ~H~ m~t
~ ~ ~~; ~t ~e ~n m
~ ~ ~6ee ~ ad~, or
~ ~mtive, h~ ~e ~t
~ a~ ~d ~ ~ ~ ~
~;.~ a n~
~ ~ve (~) ~ ~ to s~
~h~. - . .~
vefi~ waivers of notice
~ ~ ~ ~ e~ at ~e
~e of ~ ~e
· a~lOt li~:-'*:~'.4W..~
· 'shall not ~e.~:-.~ ..... ...-,:
..: ~ (~o) feet. o[ any ~. -.,
~:.. ~~ x~A. of ~e
folloWS:
(2) Multiple dwellings not
exe~mdb~ .One. hundred twenty-
flve.O:~) feet' jn'~ ~"
foF aaa oec~ie4.. I~ M more
_thn fo.r (4) f~'- '
.... . ~ ~,. ~~~:~..,'
::-' '~ ~, U~.:~ ~' ?
. ~:.~,.:.-::.. '...":<::::/~.~':' :.' ..:
. ~~. u,:~':~,.~:::.' :.. -.
.~,r~.:......=:_ . ,
' '..'~' ~ .'J:'~:" ~."~
i '
. -
. pleted..wi.thi:n :,e .iqh.teen (1).
months from suelr oate, ' .... ... ~~_.---.' ~'. ~:.:,witltmfive
of the~ 'of.
South~d ? .:::~.'" .7'-- ........
· '-"- ',~. ::.-~' - ' .. ~ ~ s _. ~
S 10o-1~- NoUee' d. -.,:.::~.. ,~::~. ::.~~~.. =,
,.. ~, ~ -~,....~--,,-~ ...~+ - ..... ~-'~,'~
district dnnifieatJ~, in
- ~:meh
written notice l~~ ef-
'~ - · o~.. his
a&~nt, by eisa', c~
reSiste~ed mail/o'e~~~. ' .... .'- '~Sht to
· jacent thereto. In the. event that ~:'/Ibst~ of '-such
interest in any properW.~ii!~:: -,:~ne~~,.~ less
mediately adjaeeat to.-' ..4kc" such
property proposed to be cha~ed . '" ~" .... '
in zoning' district classiflcntion, B. Id/lieu of complying with. the
then wrRten, noUee shall nlm be
Siven to the owne~ of the
ln'opprt..y adjacent to such other-
~.~ ~ petitioner. For ~e
..~ of this seetion,'the words
"OW~"' OF "~ owns"
meens the owner as sho~m on the
current $outhold Town
-assessment roll. Th~ notice
required by this section shall be
~ by the' petit~ner, OF h~
agent,.-within five (~) days
of,:'.n"~ statement sna~
C. Failure to comply with the . filed-w~h' the' town elerk'~ the
m ~ bY the' Bo~. 'of Appeals; - information.. . - _
' ' XIi. '/'ne ' first' . .n~n~_nce ox (1)_ A'.' statement, mat the
· Section 100-14! H. of Article XIV pefl~ :pr opes ed to fde a
of Chapter 100 of the. Code of the petition with .the Soutbeid Town
Town of Soutbeld is hereby Clm'k requesting a Change of zone
amended to read as follows: classification.
..., H. Every buitding permit shall ./-2) A description of the
ex, ire if the work authorized has property which is the subject of '
not commenced within' twelve such petition. -
· . .
.......... .~ ...... ....--~_~.__ _
_._
provisions of this section, written
verified waivers of notice
executed bY the persons entitled
to receive Such notice may be
~ed~vith'the town clerk at the
time of ~ing.the.pefitioa.
C. Failure to comply with the
affect the validity of any action
with respect to such petition.
'X IV. The Bulk and Parkin~
Schedule forminS a part of
ChaPter 100 of the Code of' the
Town of'~ is hereby
amended to chanse the front yard
reqUirementS in the C Light
Industrial District from ~00 feet
to m' feet.
XV. This local law shall take
'effect immediately.
DATED: May ~0, 19F5
BY ORDER OF
jUDrrH T. BOKEN,
1TJ5 '
COUNTY OF SUFFOLK, l
STATE OF NEW YORK, ~ ss'
...................................... being duly Sworn,
scqrs that .... , is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper pubUshed at Greenport, in said
county: and that the n'otic~, of which the annexed is a printed
copy, h~s been published in the said Suffolk Weekly Times
once in each week, for
......... '~'-. · ·: .............. weeks
successively commencing on ~e ........ , :-.'. ..............
day of .... ~,7
~~ ~ .~s ............................
S~~ to ~fore me this ....
dayof ......... ~ 19..~J~J /
...... ........
........... k:~:~: '~J. :~' :~:;~' :+'~j7 9 ~4 .....
LEGAL NOTICE
NOTICE OF
ENACTMENT OF
LOCAL LAW
NOTICE is hereb.~ gixen that the
following Local Law. designated
as Local Law No. 3 of the year
IqYS was duly enacted at a
meefing of the Town Board of
the Town of Southold held on
the 30th da,,' of May. 1975. to
To'an of Southold
Local Law No. 3 of the year t975
A local lay. to amend Chapter
100 (Zoningl aY the Code al the
Town of Southold iii relation to
notice of change of zone: notice
of h~arings by the Board of
Appeals: the keeping and hans-
lng of animals; site plan approv-
al; the length of multiple dwell-
ingsg minimum floor area of
dwelling units; detached or
ground signs; display of mer-
chandise: uses in B-I Districts~
expiration of Build,rig permits:
and front yard set back in C
Districts.
Be it enacted by the Town
Board of the Town al Southold
as tbllows:
I Section 100-30 A. (2~ Icl of
Article Ill of Chapter 100 of the
Code of the Town of Southold is
hereby amended to read as
follows:
~c~ The keeping of not more
than tx~o horses and or ponies
owned and used by the owner of
the prentises for his personal
use, provided that the land area
devoted to such use shall not be
less than forty thousand ~40.000l
square feet.
II. Section 100-30C. tSl of
Article Ill of Chapter 100 of the
Code of the Town of Southold is
hereby amended to read as
follows:
ISI Horses and domestic ani-
mals other than household pets,
provided that such shall not be
housed within forty 140l feet of
any lot line. Housing for flocks
of more than twenty-five (25~
t'oM shall not be constructed
within fifty (50~ feet of any line.
IIi, Section 100-40A. of Article
IV of Chapter 100 of the Code of
the Town of Southold is hereby
amended to read as Inflows:
A. Permitted uses. subject to
site plan approval of the Plan-
ning Board m accordance with
Article X[ll hereof.
IV. Section 100-40 A. (2) of
Article [V of Chapter lO0 of the
Code of the Town of Southold is
hereby, untended to read as
follows:
(2) Multiple dwellings not
e~ceeding one hundred twenty-
five (125J feet iii length designed
for and occupied by not more
than four 14) families.
V. Article IV of Chapter 100 of
the Code of the Town of South-
old is hereby antended by add-
ing a ne',.' section thereto, to be
Section 100-42, to read as Iai-
'H00-42 Lix able floor area. tlon to ttte notice at such
Each dwelling unit in a mol- required by law, a written notice
tiple dwelling in the M Light containing the following informa-
Multiple Residence District shall tiao shall be sent by the person
have a livable floor area of not petitioning such Board, or his
less than eight hundred fifty agent, by either certified or
~8~0} square feet, except that a. I registered mail, to every au. net
one bedroom or studio dwelling of property immediately adjacent
unit shall have a livable floor
area al not less than six hundred
th00) square feet.
VI. Article V of Chapter 100 of
the Code of the Town of South-
old is bereb_~ amended by add-
ing a i~ew ~ection thereto, to be
Section 100-53, to read as Iai-
H00-53 Lixable Floor area.
Each dv, elling unit in a mul-
tiple dwelling in the M-I Gen-
eral Multiple Residence District
shah have a livable floor area of
not les~ than eight hundred fifty
'~8501 square feet, except that a
)ne bedroom or studio dwelling
~mit shall have a livable floor
xrea of not less than six hundred
~001 square feet.
VII. Section 100-60 C. 13) (al
of Article VI of Chapter 100 of
the Code of the Town of South-
old is tmreby amended by add-
ing a ne~ sentence at the end
Fltcreof to read as follows:
As used in this paragraph, the
word premises shall mean all
contiguous property iii common
o~ nership.
VIII. Section 100-63 of Article
VI of Chapter 100 of the Code of
the Town of Southold is hereby
axnended tn read as follows:
~100-h3 Uses confined to en-
closed buildings.
All use~ permitted in a B
District, including the display
and sale of merchandise, and
the storage of all property.
except Ifimg plants, shrubs or
trees, shall be confined to fully
enclosed buddings on the prem-
ises,
IX. Section 100-70 B. ti) of
Article VII of Chapter 100 of the
Code of the Town of Soufltold is
hereby amended to read as
follows:
fi) No motor vehicle sales,
used car lots. gasoline service or
repair shops or similar business-
es are to be located within three
hundred 13001 feet of a church,
public school, library, hospital,
orphanage or a rest home.
X. Section 100-70 B of Article
VII of Chapter 100 of the Code
of the lawn of Southold is
hereb3 amended by adding a
paragraph IS) to read as follows:
151 Cabinet shops, carpenter
~hops. electrical shops, plumb-
lng shops, furniture repair shops
and bicscle and motorcycle
shops.
×l. Article KIl of Chapter 100
of the Code of the Town of
Southold is hereby amended by
adding a nex~ section thereto, to
be section 100-125, to read as
follows:
i'100-125 Notice of hearing.
A. In all cases where the
Board of Appeals is required to
hold a public hearing, in addi-
thereto. In the event that any
petitioner owns or has any
interest in any property immedi-
ately adjacent to the property
which is the subject of such
petition, then written notice shall
also be given to the owners of
the propert_v adjacent to such
other property of the petitioner.
For the purpose of this section.
the words "owner" or "property
merit roll of the Town of South-
old, The notice required by this
section shall be mailed by the
petitioner, or his agent, within
five (5) days preceding the filing
of the petition in the town
clerk's office. Proof of mailing of
such notices in the form of a
sworn statement shall be filed
with the town clerk at the time
of filing of the petition, Such
notice shall contain the following
information:
(1) A statement that the
petitioner proposes to apply to
the Board of Appeals of the
Town of Southold for a variance.
special exception, special per-
mit, or other specified relief, as
the case may be.
{2} A description sufficient tn
identify the property v. lamh is'
the subject of the petition.
13) The zone district classifica-
tion of such property.
14l A detailed statement of the
relief sought by the petitioner.
(5) The provisions of the
zoning law applicable to the
relief sought by the petitioner.
(6) A statement that v. ithin
five i5) days such petition will
be filed in the Southold Town
Clerk's Office, Main Road.
Southold, New York. and may
then be examined during regular
IT1 A statement that a public
hearing with respect to such
petition nmst be held by the
Board of Appeals of the Town of
Southold before the relief sought
can be granted', that the person
to whom the notice is addressed.
or his representative, has the
right to appear and be heard at
such hearing: that a notice of
such hearing will be published
in the official Town newspaper
not less than five 15) days prior
to such public hearing.
B. In lieu of complying with
the provisions of this section.
x~ ritten verified waivers of notice
executed by the persons entitled
to receive such notice may be
filed with the tox~n clerk at the
time of filing the petition.
C. Failure to comply with the
provisions of this section shall
not affect the validity of any
action taken by the Board of
Appeals,
Xll. The first sentence of
Section 100-14l H. of Article
XIV of Chapter 100 of the Code
of the Town of Southold is
hereby amended to read as
follo~ s:
H. ~.very building permit shall
expire if Ihe work authorized has
1121 months after the date of
issuance, or has not been com-
pleted ~ithin eighteen 118l
months from such date.
XIII. Article XV of Chapter
100 of the Code al the Town of
Southold is hereby untended'by
fication.
(4) A statement that within
five IS) days the petition re-
questing such change in zone
district classification will be filed
in the Southold Town Clerk's
Office. Main Road, Southold,
New York and may then be
examined during regular office
hours.
tS) A statentent that a public
hearing with respect to such
petition must be held by the
Southold Town Board before
such change of zone can become
effective: that the person to
whom the notice is addressed, or
his representative, has the right
to appear and be heard at such
heardtg: that a notice of such
hearing will be published in the
official town newspaper not less
than ten (10) days prior to such
pnblic hearing.
B. In lieu of complying with
the proxisios of this section,
written verified waivers of notice
executed by the persons entitled
to receive such notice may be
filed with the town clerk at the
fime of filing the petition.
C. Failure to comply with the
provisions of this section shall
not affect the validity of any
petition.
XlV.Ihe Bulk altd Parking
Schednle forming a part of
Chapter 100 of the Code of the
Town of Southold is hereby
~ard requiremeuts in the C Light
Industrial District front 200 feet
to 50 feet.
XV. This local la~ shall take
effect immediately
DATED: May 30, 1975
BY ORDER OF THE
SOUTHOLD TOWN BOARD
JUDITH T. BOKEN.
TOWN CLERK
IT-6 5
adding a ne~ section thereto, to
he Section 100-152. to read as
follow~:
t100-152 Notice of proposed
change o¥ Zone Classification.
A. In the case of a petition
requesting a change in zoning
district classification, in addition
to the notice required by law. a
written notice containing the
following information shall be
,eot by the petitioner, or his
agent, b5 either certified or
registered mail. to every owner
of property immediately adjacent
thereto. In the event that any
petitioner owns or has any
interest in any property intmedi-
atefi adjacent to the property
proposed to be changed in
zoning district classification, then
written notice shall also be given
to Flte owners of the property
adiacent to such other property
of the petitioner. For the pur-
pose of thi, ~ection. the words
"o~ner" or "property owner"
tbe current Southold Town as-
sessment roll. The notice re-
quired by this section shall be
mailed by the petitioner, or his
agent, within five 15) days
preceding the filing of the peti-
tion in the town clerk's office.
Proof of mailing ol such notice
in the form of a s~orn statement
shall be filed with the town clerk
at the time of filing the petition.
Such notice ,hall contain the
following information:
~ll A statement that the
petitioner proposes to file a
pefitio~ with the Southold Town
Clerk requesting a change of
zone classification.
[21 A description of the prop-
erty which is the subject of such
petition.
131 Thc present zone district
classification of the propert5 and
the proposed zone district classi-
COUNTY OF SUFFOLg,, !
STATE OF NEW YORK, ~ ss'
?rupert C. ~orman
...................................... being duly Sworn.
says that
.... ~.~.~. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and ~hat tI~e notice, of which the annexed is u printed
copy, has been published in the s~id Suffolk Weekly Times
once in each week, ~or .~. One (14) . ...... weeks
successively commencing on the . .~.~.~.~,V.=~ozt~b .......
d ...... '~.,.~~. 75 '- '
ay of . ~ ......
Sworn to before me this
day of ......... .~..~.~.. I ,7..~/!
CARMINE G. BARI~A
.............
r-,~c..52 -4511672
· :' ',e.:l ~r.~ Suffolk Cou~t~,
.' ~.-. , ~'..~:res March :30, 1~77
NOTICE
PLEASE TAKE NOTICE that
proposed Local Law NO. ~-~975,
:A - Loeal, ... Law to-amend
Chapter 100 (Zoning) of the
Code of the Town of Southold
in relation to notice of
change of zone; notice of
hearings by the Board of
Appeals; the keeping and '~ildinp~en-the premises.
housing of animals.; . .sLte .~.~lx_..secti~ ,10~..7#._~._.~.(f~) of
multiple dwellings;
minimum floor, area of
dwelling mits ;' detached or
ground signs; .display of
merchandise; uses in B-I
Districts; expiration of .-
Building_.permits; and front
yard set hack in. C Districts.
was introduc6d' at a meeting of
the Town Board of the .Town of
Southold held on the ~th..day of
February, ,-W/5, .Said.:.'proponed
Lecal Law provides as foliows:.=_
1. 'Se~. tion 190-30 A,-.{2) (c) of!/-.
Article HI of Chapter. 100 of the
Code of the Town-of Southoid is
herebY amended to rea'd as'
follows:
(e) The keeping of nOt more
than two horses and-or ponies
owned and used by the owner of -
'=proVided- _that 'the 'land 'nrta the Code of the Town 0f Southold-
devoted to mn~ use shall not be -is hereby mended I~ ~ding a
square-tm., ' ,~:,,~/~ read ~~.:' ~·= ~-~. ':wins
H. 3eeai~ 100-30 C. (5) of · '~ .~oe of ~,/i'd ¥ sent by-tbm petit, .or, his'
Article tn of Chapter 100 Of the .: '~~esmm.- ~..~ the'_~ ! ~ mall, to' every owner
-.Code of 'the Town.of Southold 'is .-.:. ~ ~ is. ~requ~_'__ to :hold.. a
-hereby amended to read as. ~O--!!mri~,inadditiOn~u~ / of~:~operty, immediatel~ ad-
' - ~- thereto. In the event that.
. (5.) Horses and' domestic '... bYl .la~.~i~. ~writt_e,n' notice eon-
animals 'other . t~an household . .taining the.folloWing information 'itdmrmt in ..an~ ~ ira-
pets~ provided that such shah not
' be hOused within forty (40) feet of
.any lot line, "Housing for flocks of
more.than twenty-five (25) fowl
shah 'not be 'eonsm~ within-
fifty (~0) feet of any line. ..
IH. ~.~i. en. 100~10 &. of Article
IV of Chapter 100 ~sf .the Code of
the Town of. Southoid is hereby
amended to ~ as follows-
A. Pmmitted uses;' subject to
site plan ~al of the Planning
Board in accordance with Article
xm hereof.
IV.' Section 100-40 A. (2) of
' Arttele -IV of~ Chapter ~90 Of the
Code of the Town of Southold is
*hereby .amended to.read as
~ follOws.-
' (2) MUltiple dwellings not
~ exceeding one hundred twenty-
~ Five. (1~) feet-in length designed
~for""and occupied by not more
~ than f°ur (4)' fan, es.
~. V. ArtiCle IV'of Chapter 100 of
i the Code of the Town of Southold
~ is"hereby amended 'by adding a
new section thereto, to be Section
t~t0 read as follOWs:
~' ,-' s~.- Livable floor- area.-
~ 'Each' dwelling unit in .a
'~.muttiPle dwefling in the M Light
"Multiple Residence. DistriCt shah
i have 'a livable floor area of. not
~= le~.~-~t hundred fifty (1150)
!square'feet, except that a one
~ bedroom 'or studio, dwelling unit
'shall hav~ a livable floor area of
~not less' than six. hun~dred (600)
square'S.
.~ VI.-' Article V of ~hapter 100 of
~" the ~ of the Town of' Southold
, is '~ amended by adding a
.~ new ~ thereto, to be Section
, 'St~ .Livable floor.area.
Each dwelling-unit in a
~muitiple dwemng in the' M-1
'General .Multiple Residence
- District Shall have a livable'floor
. .
i area of-m~t .less than eight hun-
,tired 'fifty '(mO) square ~eet,
except-that a one bedroom or
istudio .dwelling unit shah have a
~-livable.flora' area of not less than
~ six'hundred (800) Square feet.
i, __VII. Section 100-~0C. (3) (a)~of
.~,.Arttele VI. of Chapter 10o of'the
-~ code of the .Town of Southold is
'. h _e~eby amended by adding a-new
senten~ at the end thereof to
~ rend as follows;
'-.~ eontigtmtm property, in common
,'- Ownership.'.
VXH.~ 100-63 of Article VI
'- nmendedto rend as follows-'
" $100.~ Uses eenfined to eh-
':~.~.~.AH~tme~ permitted in a B-
-'~-~Dist~et, ineludi~ the ~y
- ~'sale of merchandise, and the
i:~age of aU prop~y, except
'Shall be~ed to'fully enclosed
~ of the Town of Southold ~is
.hereb. y amended to .read as'
~'~",.(f) No motor vehicle sales,
mindcar lots, gasoline service or
repair Shops or similar
~s~nesses are to be iocated
;Wtth~ three hundred (300) feet of.
_
a..chmrc, h, .imblic school, library,
~,:~'otphanage or a rest
~/X.'Seeti0n 100-70 B. of Article
VHe~- Char 1~ of the Code of
tim.-'r~-of Southold is hereby
amended by .adding a .-new
paragraph. 4,hereto, to ~ 'be
i~ (5) ! o read as follows:
(5) Cabinet shops, carpenter
shops, eketl~eal, shops; plumb~
Shol~, furniUre repair shops and
bieyek' and motorcycle shops.
at,rely adjacentthet0 ...... .
· shall~'be sent by the.../MTson
agent, .by either eertified'-or
. re~istered, mafli to-ev~ owner tl~m.~~~ shall also be
-of pi~'6pertY immediately ad- ".~lvm' to....t!~.....awnm~ ',of.. the'
jaoent~ theret0.. =In the ev?~..,.~at ~- ndjmem~ to such other
r
n~.~elY. ~.. ~}aee~,t...
· ~, Which ! is '.th~i SUb~ of
o .wn~ means the o~ner as ~ in the town Clerk'S dflee- Proof.. of
· shah be mailed by the'petitioner, 'time of
orhis agent, within five (5) days ' .q0tiee ~ emtain the ~. ~ .
preceding the filing of the pet- = .inh, matim: .... .the
·-ition in'the town clerk's office .; ~.(1).;A .statement that.
Proof of mailing 'of such notices'
in the form of a sworn statement
shah be filed with the town clerk
at the time of filing of the
· petition. Such.notice shall contain
the following information:
(1) A statement that the pc-
titioner proposes to apply to the
Board of Appeals of the Town of
Southold for a variance, special
exception', special permit, or
'other specified relief, as the-ease'
may he. ~'
(9.) A. deseription sufficient to
identify the property which is the
subject .of the petition.
(3) The zone district
elassifieatio~of such. Property.
(4) A detailed statement of the
relief sought by d~e .petitioner.
(5) The provisions of the _zoning
law'applicable to therelief sought ·
by the petitioner.
(6) A statement that within five
(5) days such petition will be filed
· in' the SouthoM Town Clerk's
Office, Main Road, Southold,
New York, and may .then--be
examined during regular office
hours.
(?) A statement that a public
hearing with respect to such
petition must be tmid~ by the
Board of ~s of- the Town of
gouthold before the relief sought'
can be granted; that the person to
whom the notice is addressed, or
his representative~ has the right
to appear and be heard at such
_hearing; that a notice of sUCh
. hearing Will be published in'the
official Town newspaper not less
than five (5) days prior to-such
public hearing;
B. In lieu of complying with the
provisions of this section, written
verifie~! waivers of .notice
to receive such notice may be
filed with-the town clerk at the
time of filing the .petition.
C. Failure to comply with the
provisions of this section shah noL-
affect the validity of any action
taken by the Board of Appeals.
XIt. The first sentence, of
Section 100-141 H. of Artiele'Xiv
of Chapter 100 of the Code of the
Town of Southold 'is hereby
amended to read aS follows:
H. Every building permit shaH'
expire if the work authorized has
not commenced within ·twelve
(1~) months after the _date of
issuance,' or has_ not been com-
pleted within eighteen (18)
months from such date.
xtH. ArticleXV of Chapter i00
of' the '-Code of the Town. of-
Southold is hereby amended by
adding-a new section thereto, to
be Section. 100-152, to read as
follows:
S100-152 Notice of 'proposed
change Of Zone Classification.
A. In the ease of a petition
requesting a change in zoning
. dmsmeathm.
· (t) 'A' description of the
· , ~a-~ ~i. ~e-district
(4) A stntement that wi_thin five
· (s) da~th~ ~ ~qumt~ns
Main Ro~. ~-~OutimM, New Yark
duflnS rqdat omee...~.
(5) k ntntmmmnt that- a' ~
fective; that the permn to Where
appem' ~ be ~· m ~
hem'ln~; that a nottee of 'mw.h
~ ~-~-. _'_,.___~ ..... .-.
s. k ~. ~ ~ ~ ~e
v~~. W~~"' of ~e-
-'~.Mf~. -.. , -'
o'~P.~ ~~~~
BY~~~