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HomeMy WebLinkAboutRO Zoning Dist Amend 2002VALERIE SCOPAZ, AICP TOWN PLANNER P.O. Box 1179 Town Hall, 53095 Main Road Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Valerie.Scopaz~town.southold.ny.us RECEIVED OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD 8EP 5 2002 Memorandum Southold Town ClerJ To: Joshua Y. Horton, Supervisor and Town Board Members From: Valerie Scopaz, AICP, Town Planner Re: Proposed Local Laws in relation to Hamlet Business, General Business and Residential Office districts, Chapter 100, Zoning. Date: September 3, 2002 The Town Board referred the aforementioned amendments to the Planning Board and staff for review and comment. Preliminary comments were sent on August 13, 2002 in response to the public hearing notice. The comments that follow reflect additional concerns that have arisen from further study. The proposed amendment would permit (as of dght) the construction of single and two family dwelling units and accessory apartments within the Hamlet Business, General Business and Residential Office zoning districts as of right. the proposed amendments are adopted, the following will apply in the General Business district: 1) One-Family detached dwellings will be moved from a special exception by ZBA to a permitted use and will be exempt from site plan approval. 2) Two-Family dwellings will be a permitted use and will be exempt from site plan approval. 3) Accessory Apartments will be permitted within the principal structure subject to the following requirements: i. Apartment permit issued by Building Department. ii. Habitable floor area of at least 350 square feet. iii. Three apartments maximum in each structure. iv. Minimum of one off-street parking space per apartment. Site plan approval needed if construction or remodeling of apartment results in an increase in square footage. If the proposed amendments are adopted, the following will apply in the Residential Office district: 1) As a permitted use, two-family dwellings will no longer have to be owner occupied. 2) Apartments over business and professional offices will be a permitted accessory use by right. 3) Accessory Apartments will be permitted within the principal structure subject to the same requirements listed above. If the proposed amendments are adopted, the following will apply in the Hamlet Business district: 1) One-family detached and two-family dwellings will be permitted uses. 2) Town buildings and school, park, and fire districts buildings will be a permitted use. 3) Multiple dwellings, accessory apartments and apartments over businesses, store, and offices will be a permitted accessory use by right 4) Accessory Apartments will be permitted within the principal structure subject to the same requirements listed above. 5) Town houses will be eliminated from the list of permitted uses within Hamlet Business districts. As drafted, the amendments are not need to be carried through. Fishers Island is a unique situation that possibly should be exempt from these changes. The Board and staff will review this with Fishers Island representatives and report back. Townhouse heading would need to be deleted from the bulk schedule within the zoning districts from which those uses are being eliminated. ~ In the bulk schedule, minimum lot areas for B, RO, and HB should be stated. (VVe do not recommend a reduction in the current minimum required lot areas.) ~ The definition of Accessory Apartments has to be clarified to be internally consistent. The definition "Apartment" sets a 450 square foot minimum, while the proposed local law sets a 350 square foot minimum for "Accessory Apartments". Since the legislative intent of this proposed amendment was not stated, these subsequent comments are based on the following assumptions, which may or may not be correct. The purposes of the amendment are: to reintroduce sing/e-family and two-family dwelling units within the Genera/and Ham/et Business Zoning districts, as of light, and *~o to encourage the creation of accessory apartments within General and Hamlet Business and Residential Off/ce districts by removing Planning Board oversight of site plans where existing structures are renovated. o*.o To eliminate townhouses from Hamlet Business districts. A reading of the proposed amendment raises the following questions: Will a home occupation continue to be permitted within the principal dwelling in addition to the accessory apartment (s)? The Butk Schedule for the Hamlet and General Business districts and the Residential Office distdct does not indicate whether a principal dwelling with an accessory apartment will be considered a Single-Family, a Two-Family or a Multiple dwelling. Accordingly, it is not clear which set of bulk, area and parking schedules will apply. A separate column is needed for a single family dwelling with an accessory apartment, as well as for a two family dwelling. The proposed legislation does not indicate whether an accessory apartment is permitted within a two family house; nor whether each family is permitted an accessory apartment. The definition for an ACCESSORY APARTMENT states that it is a "dwelling unit created in a presently existing one-family dwelling pursuant to Section 100-31B (14)." The proposed amendments would create apartments that are not described by this definition. The definition for APARTMENT states that no such unit may contain less than 450 square feet. The proposed amendments call for a reduction in the size of ACCESSORY APARTMENTS of 100 square feet. The Code also defines an APARTMENT HOUSE (See below for definition), but it is not clear if it permits the use in any zoning district. 10. 11. 12. 13. 14. Neither APARTMENT nor the proposed amendments for ACCESSORY APARTMENTS define a maximum square footage for this type of dwelling unit. The definition for APARTMENT HOUSE states that it is a "building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments." Note that nothing is said about the form of ownership or rental. The definition for DWELLING, TWO FAMILY states that it is a "detached building containing two (2) dwelling units only. The definition for DWELLING, MULTIPLE provides for a "building or portion thereof containing three (3) or more dwelling units. DWELLING UNITS are defined as a" building or self-contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet..." The proposed amendments do not indicate how the creation of two or more accessory apartments within a structure will differ from an APARTMENT HOUSE as currently defined. The requirement of one additional parking space per apartment is felt to be too Iow. Two additional parking spaces per accessory apartment should be required. Further, the parking spaces should be located off-street, either on the premises or in a municipal parking lot located within 200 feet of the premises provided that sufficient parking exists within that lot for the additional use. This recommendation flows from written observations made by the Suffolk County Planning Commission based on problems that have resulted in other communities that introduced accessory apartments into the business districts without providing for adequate off-street parking. For instance, in addition to adding to road congestion and a reduction of parking for customers of the business districts, cars parked on the streets overnight hamper snow clearing and storm cleanup crews. The proposed amendment must address the location of the additional parking lest entire front yards be paved over for parking spaces. Currently, the code permits no fewer than four parking spaces within the front yard within residential zoning districts. Since these parking spaces would be created within business or residential office districts, and the spaces would impact the flow of traffic and street maintenance within the business areas of the town, perhaps the spaces should comply with the standards set forth in Section 250 Site Plan. Single family and two family homes should not be encouraged within HB and B since the town contains a limited amount of HB and B zoning and thus should reserve it for those uses. Each of these districts was designed for business uses. Permitting accessory apartments and multiple dwellings within the HB and B districts makes sense only if the size of these apartments and dwellings is restricted. The Residential Office district is perhaps the best suited to the creation of accessory apartments due to its transitional nature between business and residential districts. 15. The proposed amendment should be worded to prohibit more than one single- or two-family dwelling per lot. As noted in our earlier report, on proposed amendments to the Affordable Housing law, the Planning Board supports the creation of small apartments as part of the overall strategy of creating different housing types within hamlet centers at a mix of affordable prices. While the proposed amendment could be an effective tool to help achieve this type of structural and financial diversity, it requires more work. At the least, some size restrictions (and perhaps rental caps) should be imposed in order to ensure that this housing stock does not simply become diverted into more seasonal rental units. Given the Town's goal of maintaining a rural and diverse community, these amendments deserve a more comprehensive reworking in conjunction with the Affordable Housing Advisory Committee in order to ensure that a documented need is met. Cc: Planning Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOBA4ATION OFFICER Town HE1, 53095 MEn Road P,O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2002 Thomas Isles, Director of Planning Departmem of planmng County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted are proposed Local Laws In Relation to Zoning, Chapter 100, Article VII, Residential Office (RO) District; Article IX, Hamlet Business (HB) District; and General Business (B) District of the Code of the Town of Southold. Also enclosed is the Southold Town Planning Board's report. Please review and prepare an official report defining your department's recommendations with regard to this proposed local law and forward same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very tmly yours, · 3. Southold Town Clerk Enclosures cc: Town Board Town Attorney V. Scopaz G. Newman Comments made by Jay Applegate to Southold Town Board on August 13, 2002 re proposed changes to Town Code for RO, HB and B districts relating to accessory apartments: ~ My name is.J:a.y Applegate from Southo.[d and I am here this afternoon in my capacity as the chairman of the Southold Town Housing Committee, which was formed by Supervisor Horton in June of this year, to explore avenues of education, outreach and funding to address the urgent need for more affordable housing, primarily rental housing, in Southold Town. With this mandate in mind, our committee has reviewed the proposed changes to the Town Code as they relate to the creation of accessory apartment in the RO, HB and B zoned area in Southold Town. We have discussed them with the Supervisor and consulted with the Town Attorney for clarification on certain matters and encourage the Town Board to approve the changes as a first and available step toward immediately alleviating' the housing crls1s. We are also supportive of additional changes which would further address the problem and hope that additional changes may be considered too. Our only reservation and note of caution ~s the deletion of the owner- occupancy requirement in the RO zone as it relates to the Town's historic buildings, many of which are located in RO districts, as the Town Board has not yet adopted proper protective measures for those buildings. In anticipation of the passage of the proposed changes, our committee is creating an inventory of structures within the RO, HB and B zones which would qualify for modification to accommodate an accessory apartment ~n order to understand how many potential accessory apartments might be created as a result of the proposed changes, as we know the demand is great. The North Fork Housing Alliance received 180 ~nquiries ~n the first slx months of 2002 from people who were unable to find apartments which they could afford. Also in anticipation of the Board's approval of these changes, we have gathered information from the Building Department on application procedures, from the Assessor's office on the potential tax consequences of creating an accessory apartment and from lending institutions which provide capital to finance the creation of accessory apartments and are preparing a pamphlet to help educate those whose buildings would be eligible for conversion to accessory apartments. In addition, since its inception one or more of our committee members have met with representatives of the following organizations: Long Island Campaign for Affordable Rental Housing, The Long Island Community Foundation, the Long Island Housing Partnership, and Community Housing Innovations. In each case, it was our intent to learn about actions and experiences of other communities -~n" addressing their citizens housing needs. In summary, your actions today could begin the process of creating more affordable apartments for citizens of our Town. We strongly urge you to vote in favor of the proposed changes. Thank yOtl. of the ~ornanelt~., chaff a and Business, around to these areas not ,,affordable," as in price-controlled, it is expected that thc majo[ity of such dwellings would provide less-expensive housing. I11 all thr¢~e.~O¢~S, ~rCue:~e ments ia ~ ~rinctple st .... ~ b-' fi"~[ with a permit from the building department, iather tean b s ecial exception f~om the Zoning Y P - ': ~'~ ~ite nlan would Board of Appes~,?~. . r.. -.ithin the existing tou~flauon, t size would be reduced from 450 to s uare feet, and one off-street parking q' be ·.-From page 20, promoting rt3ixed use can Open ,~p hOUsing opt{bns and h~p re~ta~e bUSiness areas. iri HB, multi- and two-family dwellings would be allowe~ by right rather than special exception. In RO, dwO!lings with an accessory ~apartment would no i0ng~r fiave to ~ owner- OCCupied. · Town Board members seem favor- ably disposed to the proposed code changes, and a public hearing should be scheduled in the near future. 011¢' be tO ti) kex~p iff order of life that- thinking is to .board mem- ~ accepted that See Netea, page 32 John Nickles, Jr., Southold .... I'm pleased to be standing before this board today to offer support for the proposed legislation that would permit apartments (as a matter of right) within the Business, Hamlet Business and Residential Office zones. With an ever increasing demand for housing on the East End of Long Island, it is very important that the town recognize the relative short supply of reasonably priced homes and rental apartments that are available to the year round residents of Southold Town. Having a supply of homes and/or rental apartments that are within reach of our full time population is a major factor in preserving our rural quality of life. It is time to recognize that our young adults, our working residents and our retirees are an integral part of keeping Southold... Southold. I believe that what makes our town so unique is not just the beauty that exists of our rural landscape, but also the social and economic diversity of our human landscape. There are a number of other things that the town could do to recognize the needs of our year round population, our workfome and our economy. The town should look at the factors that have increased the cost of living as well as the cost of doing business in Southold and then decide to make some positive adjustments to our code and our policies. Indeed, providing these additional avenues for housing is a good start. But we hope that this is just a small first step (one of many) that the town believes it should take for the full time, retired and working residents of Southold Town. Thank you. WILLIAM WlCKHAM ERIC J BRESSLER ABIGAILA WlCKHAM LYNNE M OORDON JAN ET GEASA WICKHAM. WICKHAM 8,. BRESSLER, P.C 10315 MAIN ROAD. PO. BOX 1424 631-2~8 8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW ROAE) SUITE III MELVILLE, NEW YORK 11747 631 2499480 TELEFAX NO 631-~49 9484 August l3,2002 Town Board, Town of Southold Post Office Box 1 I79 53095 Main Road Southold, New York 11971 Re: Proposed Zoning Code Amendments for Accessory Apartments Gentlemen: While I commend your intention to ease the housing crisis for those of limited means, 1 strongly believe the proposed revisions before you tonight would create a disastrous effect on our hamlet centers without truly accomplishing their intended purposes. Specifically, you propose very small apartments, and up to three of them, per building. The currently permitted size of 450 sq, feet is small, and to reduce it further would create overcrowding. It would also not meet the need of families for housing - it's just too small. Further, you propose to remove, as I read the legislation, the jurisdiction of the Plmming Board for site plan review. It would seem imperative that planning considerations dictate a review of screening, parking, lighting, and perhaps architectural review. Moreover, the requirement of one parking space per unit is unrealistic. How many couples do you know that operate with one car? And where will their friends park? The businesses will not want street parking used, and we have already seen in the Pike Street, Mattituck, parking lot, for example, a large number of vehicles from nearby residential uses parking overnight and during the day which take up business customer space. The situation is manageable now, but our municipal Iots are not equipped to handle this proposed expansion. The biggest problem I see, however, is the lack of an owner-occupancy requirement. Coupled with the removal of the Planning Board review and other restrictions currently required by the Code, this creates a total lack of control. Our hamlet centers are now very pleasant places, and are considered by many as a nice place to live. However, many communities further West have seen a marked decline in their downtown areas when they were opened up to this type of housing density without an owner presence. I do not believe the owner of the building has to live there, but he should have a physical presence in the building, as the owner of the business, for instance. Your lawyers will have to carefully word that requirement to accommodate businesses operated as companies, not individuals, to include an o~vnership requirement of the business-operating company. operating company. However, I think the owner occupancy concept is critical, because many absentee landlords will not care what type of lifestyle their tenants follow or will not monitor closely the upkeep of the apartments and the building exteriors. We do not want to see our hamlets fall victim to overcrowding, litter, crime, and deterioration. I do not want to sound alarmist, because 1 do think some provision for apartments in this area is a good idea, but this legislation goes way too far. The proposal for the Residential-Office zone should be very carefully considered. These are usually the buffer areas on the outskirts of the hamlets, and often contain very nice, well appointed homes, mostly along the Main Road. They were designed to moderate between the hamlet business areas and the rural areas in between, by providing professional and other uses which would help maintain value while remaining compatible ecith the nearby business areas. To inundate these areas with high density apartment · housing would be a bad idea. In summary, the concept of increasing the housing stock by making accessory apartments available is a good one, but this proposal goes far afield in removing owner occupancy and permitting too many apartments per parcel, too small, and without the necessary restrictions and controls. Very truly yours, Abigail A. Wickhmn AAW/ 30/shdtnbrd cc: Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSK/, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Re: Date: ? Town Board / ~ ~/,/~, / Valerie Scopaz, AICP, Town Planner 1/. Z~/~"~) Local law changes to B, RO, and HB zoning dffstrict~. August 13, 2002 Following are the comments of the Planning Board and Staff regarding the proposed code changes to the Business, Residential Office, and Hamlet Business zoning districts. Our review is based on the assumption that the intent for the changes is to provide opportunities for the creation of different types of housing near hamlet business centers. General Business (B) If the proposed amendments are adopted, the following will apply: 1) One-Family detached dwellings will be moved from a special exception by ZBA to a permitted use and will be exempt from site plan approval. 2) Two-Family dwellings will be a permitted use and will be exempt from site plan approval. 3) Accessory Apartments will be permitted within the principal structure subject to the following requirements: i.Apartment permit issued by Building Department. ii. Habitable floor area of at least 350 square feet. iii. Three apartments maximum in each structure. iv. Minimum of one off street parking space per apartment. Site plan approval needed if construction or remodeling of apartment results in an increase in square footage. Residential Office (RO) If the proposed amendments are adopted, the following will apply: 1) As a permitted use, two-family dwellings will no longer have to be owner occupied. 2) Apartments over business and professional offices will be a permitted accessory use by right. 3) Accessory Apartments will be permitted within the principal structure subject to the same requirements listed above. Hamlet Business (HB) If the proposed amendments are adopted, the following will apply: 1) One-family detached and two-family dwellings will be permitted uses. 2) Town buildings and school, park, and fire districts buildings will be a · permitted use. · ....': ~) Multiple dwellings and townhouses will no longer be a permitted use by a ..... ' special exception. 4) Accessory apartments and apartments over businesses, store, and offices will be a permitted accessory use by right 5) Accessory apartments will be permitted within the principal structure subject to the same requirements listed above. Planning Department Comments: ~ Fishers Island is a unique situation that possibly should be exempt from these changes. The Board and staffwill review this with Fishers Island represeutatives and report back. ~= Multiple dwelling and townhouse headings need to be deleted from the bulk schedule. ~ In the bulk schedule, minimum lot areas for B, RO, and HB should be stated. We do not recommend a reduction in the current minimum required lot areas. ~ The definition of Accessory Apartments has to be clarified to be internally consistent. The definition "Apartment" sets a 450 square foot minimum, while the proposed local law sets a 350 square foot minimum for "Accessory Apartments". ~ A typographical change needs to be made in the HB Local Law at 100-90-A. Uses permitted "under Subsection A(1), A(2), and A(19)..." should now read "... A(1), A(2), and A(20)" or "A(1), A(2), and A(21)" depending on the intent to refer to "(20)Bed and Breakfasts" or to "(21)Multiple Dwellings". NOTICE OF PUBLIC HI~AIU,NG .~.~T~CE B HEREBY ~VE~ Ibm here ~ ~n ~t~ ~ ~ ~n ~nty, New York. on ~e 2nd ~y of ~ni~ to ~ hc~. LOCAl. LAW NO. ~2 Office (Re) Dis~ct of ~e C~ of ~ {Re) Diaffict [Ad~d 1-10-1989 by L.L 1~ by L.L. No. 15-1~9] nity f~ li~tcd no~sidcnfi~ uses (1) One-f~ly detached dwc~ (2) Oa~or ~cupicd Xwo-fam~y (b) Buildings, structures and u~s (3) Stu~ ~ of any kind whatso- owned or operated by fraternal orgalli- ~v~ ~ ~ be i~itted. zalioas aM ulilized for activities typi- § 100-72. Bulk. area and parking cally conducted by a fraternal organiza- tion, including but nos limited lo public No b~ilding of prel~a~z shall b~ used meeting places, charitable and fundrals- and no ~ ~t puff ~ ~hail be lng cvcflls, patriotic ob~tvanccs and e~,cted or altered in the Residential cat~ring for public and Inivate rune- Offw~ (RO) Dis~ict unh.as tbe same lions, conforms to thc Bulk Schedule and (c) Bed-and-breakfast uses aa se~ Patk~ and Loading Schedules incur- forth in and as ~gulat~d by § lO0- potated into ~ ~, with ~be same fa-ce aad effect aa if such regulations 31B(14). were s~ forth hotein ia (d) Professional OfficeL (e) Chufch~s or similar plae~s el ~S 100-73..~varabilitv. worship, parish houses, convents an~ If any ¢lau~. se~terwe, paragraph. monasteries. ~uctloo, o( part of ~ Local Law shat[ (f) Libraries, museums, art galleric~ be adjud~ by any coati of competetu .... · jufisdicaon to be invalid, thc judsn~tu ¢shibfl halls, arbsts/photographers stu- dios and dance studios, shall ~ effect tl~ vaUdity of this law as (g) Small business offices such as a whole (yt any part thel~of o~ct than insurance agencies, real estate ageflcics, tho pail so decided to be ueconstitulion- computer software services, finaacial al o~ invalM, planmn8 securities brokia's and like- § 100-74. Effectivedala. kind small business ~stablishments Ibis Local Law shall take effect inunndinloly upon ~ing with the excluding retail sales of any kind or Sucmtu~ of Stut~ as pl~vM~d .by law. naiure and limited ia overall floor space Sh. il~.4hmuSh mpl~eats of 3,000 square feet. B. U~s pern~itnd by specaal ~¢ep- %lnde~lille l~nts ins~on. BY ORDI~ROP ~ lion bl; the Board of Appeals. The fei- SOIYI'iiOLD 'l'OWlq BOARD el lowing uses are permitted ~s a exception by die Board of App~la he~r provided ~ sub~ to pl~ ~oval by die pl~ning THE TOWN OF 50UTHOLD. JULY 2,2002 STATE OF NEW YORK) )SS: ,o'~-/~!~-'~/~---- of Mattituck, in said county, being duly swam, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week for / weeks succe~ively, commencing on.~ the ! day of ,,/'/~'~'.5 7'" 20 ~,~-., / LAURA E. BONDARCHUK Notary Public, State of NewYork No 01 B06067958 Qualified in Suffolk County My Commission Expires Dec. 24, 20--~5'- LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July 2002 a Local Law entitled" Local Law in relation to Residential Office District in Chal)ter 100 of the Code of the Town of Southold" now, therefore, be it NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on the 13th day of August 2002 at 5:00 o.m. at which time all interested persons will be given an opportunity to be heard. The proposed "Local Law in relation to Residential Office District in Chal)ter 100 of the Code of the Town of Southold" and, which includes the following: LOCAL LAW NO. 2002 TOWN OF SOUTHOLD A Local Law in Relation to Zoning, Chapter 100, Article VII, Residential Office (Re) District of the Code of the Town of Southold is hereby amended as follows: ARTICLE VII, Residential Office (Re) District [Added 1-10-1989 by L,L, No. 1- 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28~1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No. 23-1989; 2-7-1995 by L.L. No. 3-1995; 10-19-1999 by L.L. No. 15- 1999] § 100-70. Purpose. The purpose of the Residential Office (Re) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goal(s) of well-planned, environmentally sensitive, balanced development, which the town has determined to be desirable. § 100-71. Use regulations, In the Residential Office (Re) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dxvelling on each lot. (2) Owner occupied Two-family dwellings. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (a) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events, patriotic observances and catering for public and private functions. (c) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14). (d) Professional offices. (e) Churches or similar places of worship, parish houses, convents and monasteries. (f) Libraries, museums, art galleries, exhibit halls, artists?photographers' studios and dance studios. (g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like-kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (1) Special exception uses as set forth in and regulated by § 100-31 B(-1-) (2'} through (7) of the Agricultural-Conservation District. (2) Funeral homes. (3) Apartmonts ma), be permitted ovor business and professional offices as regulated by § 100 91B(4)(a) through (f), inclusive. (4) (3) Restaurants, except fast-food or formula restaurants. (-5) (4~ Custom workshops, provided that they shall not be all or part ora commercial center. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet Density Residential District. (3) Apartments are permitted within the principal structure subject to the following requirements: i) ii) iii) iv) v) The Building Department issuin~ an accessory apartment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350) sauare feet. There shall be no more than three (3'} apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parkin~ space. Construction and/or remodeling of an existin~ structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in section 100-250 and Article XXV in general unless such construction or remodeling results in an increase of the square footage of the structure. D. Additional standards. All permitted structures as set forth in this article, except for single-family dwellings, shall be subject to the following: (1) No outdoor storage or display of any kind shall be permitted. (2) All permitted buildings and other structures shall be visually residential in character, the visible architectural features of which shall be consistent and compatible with the architectural styles of the existing structures in the immediate neighborhood. (3) Store fronts of any kind whatsoever shall not be permitted. § 100-72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full. EN 100-73. Severabilitv. If any clause, semence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 100-74. Effective date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 2, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON AUGUST 1, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Planning Board Code Committee Town Attorney Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the o)F~ day of (/~ ,2002, she affixed a notice of which the annexed printed notice is a tree cc/15y, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: August 13, 2002, 5:04 pm~ .... Local Law m relatmn to {general l~n~sme~s District in Chai)ter 100 of the Code of (~Elizabelrh A. Nevi134 Southold Town Clerk Sworn before me t~s o~ dayof ~ ,2002. LYNDA M. BOHN {3ualified in Suffolk Term Expires March 8, 20 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 24, 2002 Charles J. Voohris, CEP AICP Nelson, Pope & Voohris, LLC 572 Walt Whitman Road Melville, New York 11747-2188 Dear Mr. Voohris: The Southold Town Board adopted a resolution at their June 18, 2002 meeting to refer the proposed amendments to the Ro, HB, and B zoning districts to you for a SEQRA review. I am enclosing a copy of these amendments. Please send a proposal for the cost. Upon receipt of these amendments, please contact the Town Attorney, Geregory Yakaboski at 765-1939. If you have any questions, please call me at 765~ 1800. Please send the completed reports directly to my attention. Thank you. Very truly yours, Elizabeth A Neville Southold Town Clerk Enclosures (3) proposed code amendments cc: Town Board Town Attorney ARTICI.E Vll, Residential ON'lice (Re) District [Added 1989EN; amended 5-9-1989 by LL, No. 6-1989; l 1-28-~989 by I..L. No. 22-1989; 12- 12-1989 byL.L. No. 23-1989; 2-7-1995 byL.L. No. 3-1995; 10-19-1999 by L,L No. 15- ~ 100-70. Pu¢ose. The pmTose of the Residential Office (RO) District is to provide a transition area be~veen business areas and Now-density residential development along major roads which will provide oppo~unity for limited nonresidential uses in essentially residential ~eas while strongly encouraging the adaptive reuse of existing older residences, to prese~e the existing visual character of the town ~d to achieve the goal(s) ofwell-pla~ed, environmentally sensitive, balanced development, which the town has determined to be desirable. ~ t 00-7I. Use regulations. ~ the Residential Office (RO) District, no building or premises shall be used and no building or pa~ ora building shall be erected or altered which is a~anged, intended or des~ed to be used, in whole or in pa~, for any uses except the following: A. Pemfitted uses. (1) One-family detached dwellings~ exceed (2) , ~~ ~,o-hmily dwellings. (3) The following uses ~e pe~itted uses subject to site plan approval by the Plmming Board: (a) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts m~d fire districts. (b) Buildings, stmct~es and uses owned or operated by fraternal org~izations and utilized for activities t~ically conducted by a ~atemal organization, including but not limited to public meeting places, charitable ~d ~ndraising events, patriotic obse~ances md catering for public and private functions. (c) Bed-and-breakfast uses as set fo~h in and as re~lated by ~ 100-3 lB(14). (d) Professional offices. (e) Churches or similar places of worship, parish houses, convents and monasteries. (0 Libraries, museums, ~ galleries, exhibit halls, a~ists'/photo~aphers' studios and dance studios. (g) Small business offices such as insur~ce agencies, real estate agencies, computer so~e se~ices, financial pla~ing securities brokers and like-kind small business establishments excluding retail sales of ~y kind or nature and limited to overall floor space of 3,000 squ~e feet. B. Uses pe~itted by special exception by the Board of Appeals. The following uses are pe~itted as a special exception by the Bo~d of Appeals as hereina~er provided and subject to site plan approval by the Pla~ing Board~ provided that not more than one use shall be allowed for each 40,000 squ~e feet of lot ~ea: (1) Special exception uses as set forth in and regulated by ~ 100-3 [ Be) ~ tt~ough (7) of the Agdcultural-Consewation District. (2) Funeral homes. by ~ 100 91B(~)(a) throu~ (~, inclusive. (4) Restaur~ts, except fast-food or fo~ula restaur~ts. (5) Custom workshops, provided that tbey shall not be all or part ot'a commcrcizd center. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article >C,-K, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 1O0-31C(1) through (7) of thc Agricultural~Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) Accessory uses set forth in and regulated by § 100~42C(2) of the Hamlet Density Residential District. (3) Apartments are permitted within the principal structure subiect to the tbllowing requirements: i) ii) iii) iv) v) The Buildin~ Department issuin~ an accessory apartment permit. The habitable floor area of each apartment shall be at least tt~:ee hundred and fifty (350) square feet. There shall be no more than three (T) apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parkin~ space. Construction and/or remodelin~ of an existin~ structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in section 100-250 and Article XXV in ~eneral unless such construction or remodeling results in an increase of the square footage of the structure. D. Additional standards. All permitted structures as set forth in this article, except for single-family dwellings, shall be subject to the following: (1) No outdoor storage or display of any kind shall be pemfitted. (2) Ail permitted buildings and other structures shall be visually residential in character, the visible arclfitectural features of which shall be consistent and compatible with the architectural styles of the existing structures in the immediate neighborhood. (3) Store fronts of any kind whatsoever shall not be permitted. § 100-72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full. EN ARTICLE IX, Hamlet Business (H13) District [Added 1-10-1989 by IJ.L. No. 1-1989EN] § I00-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office amt sec'ice uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will suppo~ and enhance the retail development and provide a focus the hamlet area. ~ 100-91. Use regulations. h the HB District, no building or premises shall be used and no building or pa~ of a building shall be erected or altered which is a~anged, intended or desired to be used, in whole or in pa~, for ~y uses except the following: A. [~ended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7- 1995 by L.L. No. 3-1995] Pe~itted uses. The follo~ving are pe~itted uses and, except for those uses pe~itted under Subsectiou A(I), A(2) and A(19) hereof, are subject to site plan approval by the Pl~ing Board: ',n D~stfict. One-family detached dwelling. ~ .......... c~ Two-f~ily dwelling. Buildings, structures and uses owned or operated bythe Town of S~uthold, school districts, p~k districts and fire districts. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) B~s and fin~cial institutions. (6) Retail stores. (7) Restaurants, excluding fo~ula food and take-out restaur~ts. [Amended 5-16- 1994 by L.L. No. %1994] (8) Bakeshops (for on-premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, prokssional studios ~d travel agencies. (10) ~t, antique and auction galleries. (l 1) ~ists' ~d craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, ca, enter shops, electrical shops, plumbing shops, hmiture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Librades or museums. (18) Laundromats. (19) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14). (20) Multiple dwellings. B. Uses permitted by special exception by the Bom'd of Appeals. The £ollowmg uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § i00-3 lB(3) to (6) and (13) and (14) of the Agricultural-Conservation District. (3) Motel and hotel uses as set forth in ~d regulated by ~ 100-6 lB(4) of the Rosen Residential (~) District, except that minimum lot size shall be t~ee (3) acres. [~ended 7-31-1990 by L.L. No. 16-1990] (4) [~cnded 12 12 1989 by L.L. No. 23 1989] Ap~tments may be pe~itted over req~ ap~ment. No ap~ment shall b~ pe~ittcd over filling stations, store~ retailing fl~ablo or ~e producing goods, resta~ts or other businesses with kitchens or (450) squ~o fect~ but in no case more th~ s~v~n hm~dr~d fifty (750) square feet. Th~ inst~m~nt~ ~ing in flyer ofth~ town as, upon reco~cndation of the Town Attorney, the Board shall deto~ino to bo n~ess~, to ensur~ that: [1] T~~,~ v,~v ..... j crother;~* .... ** ' ,-,~ ...... rathe tenant or any other pany, except as paa of a sale of~o entire building in which ~e ap~ment is located. [2] Tho ap~ment is made available for ye~ round rental [3] Thc ap~mcnt is properly constructed, maintained ~d usM, ~d unapprovod uses ~e excludM therefrom. [4] ~y other condition deemed roasonabl~ and necossau, to ensure ~o immediate ~d long te~ success of tho ap~ment in helping to meet identified housing needs in the comm~ity is complied with. (5) Boarding ~or tourist homes as set forth ~d regulated by ~ 100-6 lB(5) of the Reso~ Residential (RR)District. [~ended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeti~g halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. (10)ENFlea markets. [Added 10-17-1995 by L.L. No. 21-1995] (11) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject la/id use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walkup window or door. (d) Exter/or signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof. EN (2) Apartments are permitted within the principal structure subject to the followin~ requirements: i) ii) iii) iv) v) The Buildin~ Department issuin.~ an accessory apartment permit. The habitable floor area of each al~artment shall be at least three hundred and ill'tv (350) scluare feet. There shall be no more than three (3) apartments created or maintained in any simile structure. Each apartment shall have at least one (13 offstreet parking space. Construction and/or remodelin~ of an existin~ structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in section 100-250 and Article XXV in Reneral unless such construction or remodeling results in an increase of the square footaae of the structure. § 100-92. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN § 100~93. (Reserved) ARTICLE X, General Business (B) District [Added 1-10-1989 by L.I ~. No. 1 - 1959t~N1 § 100-100. Purpose. The parpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside ol'the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need t'airly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The follo~ving uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-1995] (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from xvhich wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (c) It shall have retail sales on site. (12) One-family detached dwelling. (13) Two-family dwelling. B. Uses permitted by special exception by the Board of Appeals. The tbllowing uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimnm lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-1991] (3) Bcd-and-broakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of thc Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis olubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or sooial institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the follosving requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (g)ENNo gasoline service or repair shops or similar businesses are to be located within three hundred (300)feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B (12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the floxv of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that xvill permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry poxvder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) One family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7 13 1993 byL.L. No. 11 1993] (16) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping center site. (17) Flea markets. [Added 10-17-I995 by L.L. No. 21-1995] C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses arc permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-1994] (2)ENOpen storage of materials or equipment, provided that such storage shall be at least t~venty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. (3) A'0amnents are 13ermitted within the princil~al structure subject to the following requirements: i) ii) iii) iv) v) The Building Department issuing an accessory apartment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350) square feet. There shall be no more than three (3) apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parking space. Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in section 100-250 and Article XXV in general unless such construction or remodeling results in an increase of the square footage of the structure. § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN § 100-103. From yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least one hundred (100) feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 410 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute all necessary documents to retain the environmental firm of Nelson, Pope and Voorhis to conduct all aspects of the SEQRA review of the oroposed chances to the RO, HD and B zoning districts including determining the Type of Action for each project and the Environmental Assessment pursuant to the SEQRA rules and regulations. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOPcMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thibrk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To~ From: Re: Date: Councilman John Romanelli Town Clerk Betty Neville ~ RO, HB, & B SEQRA review by NHP 7/18/02 John: I just received this from Cathy at Nelson, Pope, & Voohris. They want someone to review it as quickly as possible to ascertain that they have done with it what you intended. Greg is out of the office and will not be back until Monday. I sent a copy over to his office. But, I thought you would like to read it being the person that initiated and wrote in the first place. Please put any comments you have in whting, or let me know and I will take care of it for you. ~UL-~-2002 15:02 $16 ~25 ~257 P.01/~8 FAX CO VER SHEET Betty Neville, Town Clerk C~ Phone: Fax: (631) 765-1800 (631) 765-6145 Kathryn J. Eiseman; AICP Date: July 18, 2002 Re: SEQR Review Proposed Code Amendments No. of Pages: 18 (Including Cover) RECEIVED JUL 1 8 2002 Seulhold Town Cleft I-Ii Betty, At~achcd are the EAF (Parts I and II) and draft Negative Declaration for your revicw. Please give n~ a call if you have any questions. Kathy TUL-i¢-2~L~2 425 1257 P. 02/1B SEOR Town of S~.hold Town E~ard State Envimr~mental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance This notice is issued pursuant tO Part 617 of the implementing regulations pertaining to Article 8 (State E~vi~nmer~t.a~ Quaiit~ Review ACt~ of the En,4ronment~l Consewation Law. The Town Board of the Town of Southold, as lead agency, has determined that the proposed action described below will not have a significant effect en the environment and a Draft Environmental Impact Statement will riot be prepared. Name Of Action: Amendments to: Article VII, Residential Office (RO) District; Article IX, Hamlet Business (HB) District; and Article X, General Business lB) Distinct of § 100 of the Southold Town Code. SEQR Status: Unlisted Conditioned Negative Declaration: No DescHption of Action: The Town of Southold proposes amendments to p~CJons of the Town Zoning Code to promote the construction of accessory apartments and other housing in the Re, NB and B Zoning Districts. The amendments are described in bdef below: The proposed amendments will authorize the construction of accessory apartments within a principal structure as an accessory use in the Re, HB and B Zeroing Districts, whereas cun'ently this use requires a special exception by the Board of Appeals and site plan approval by the Planning Board. The proposed amendments will also relax some of the requirements for accessory apartments. An accessory apartment permit will be required from the Building Department and no site plan approval wJlJ be necessary unless the overall size of the principal structure increases ;as a result of the construction, The amendments to the Hamlet Business (HB) District code will also add the following to the list of permitted uses: one-family detached dwelling; two4amily detached dwelling; buildings, structures and uses owned or operated by the Town of Southold school districts, park districts and fire districts; and multiple dwellings. The revisions are pdmadly to simplify the code since the current code allows each of these uses through references to uses listed in other sec'dons of the code. The only significant variations from the current code will be addition of multiple dweitings to the list of permitted uses (which currently requires special exception approval by the Board of Appeals) and the potential for more than one one-family detached dwelling per Int. The amendments to the General Business lB) Distdct code will also add one"family detached dwelling and two-family dwelling to the list of permitted uses and will not require site plan approval by the P~anning Board. The current code requires speciat exception approval by the Board of Appeals for one-family detached dwellings limited to one dwelling per lot and does not directly permit two-family dwellings. It is believed that the proposed amendments will result in an increase in affordable housing; an important goal of the Town Comprehensive Plan. SEQR Negative Declaration Page 2 Location*. The proposed amendments apply to all lands located in the IResidential Office (Re), Hamlet Business (HB) and General Business (B) zoning districts within the Town of Southold Reasons Supporting This Determination; (See 617.6(g) for requirements of this deterrnina~on) The proposed amendments to the Town cOde will not result in an impact to the resources of the Town as evidenced in the contents of the Long EAF Parts ~ and II. The proposed amendments will result in the relaxation of requirements for accessory apartments and other types of affordable housing; an important goal expressed in the Town Comprehensive Plan. The pmposecl action is (n cOnformance with the Town Master Plan which seeks to increase available housing for Iow and moderate income families_ If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. N/A For Further Information: Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southoid, NY 11971 Telephone: (516) 765-1931~ Contact Pemon: Telephone Number, Gregory Yeka~ski, Town Attorney 765-1889 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001; Department of Environmental Conservation Region One, Building 40, SUNY Campus, Stony Brook, NY 11790 Town of Southold Supervisor's Office Town of Southold Town Clerk Town of SOuthold Secretary tO the Planning Board To~m of Southold Zoning Boan:l of Al~peels Suffolk County Planning Commission 15:0~ 516, ,425 125'7 P.04/18 6'17.21 Appendix A . State Environmental Quahty R. eview FULL ENVIRONMENTAL ASSESSMENT FORM Purp. ose: The full F..AF is desig.med to help applicm'~ts and a~encies determine, in an orderly manneg, '.vhether a project or action may be sigAijfieant. The ques(pn o~ whether an action may be significant ts not always easy to answer. Frequ. entlv, there are a*l~ ets of a proiect that are subieotive or unmeasurable. It is also understood that those who determine sigml'}cance may 15ave little or no Tormal knowledge of the environment or may be technically expert in enVireranentaI analysis. In addition, many who have knowledge in one particular m'ea may not be aware of the broader concern affecting the question at' significance. The Full £AF is intended to provide a method whereby applicants and agencies can be assured that the determination p. rooess has been orderly comprehensive in nature, yet flexible re allow introduction n~brmafion to ~3t a prOject or action. Full EAF Components: The hi! EAF is comprised of three parrs. Part l: Provides objective data and intbrmation about a given proiecr and its ~ite. By identi~ajdng basic project data, it assisfs a reviewer in the analysis that takes place in'P~mrs 2 and 3. Part 2: Focuses on identifying the range of possible iml~acts that may occur fi.om a project or action. It provides ~uidance as to whether an impact is likely to"~e consideredsmall to mo,derate or whether it is a potentially-large impact. The form also identifies whether an impact can be mingated or reduced. Part 3:. lfany impact in Part 2 is identified as potentially-large then Part 3 is used to evaluate whether or not t~e impact ts actually mportant. DETEKNIINATION OF SIGNIFICANCE -TYPE 1 A_NB UNLISTED ACTIONS IdentiJ) the Porrions of E,4~ completed for this project: X Partl X Part2 Part3 Upon review et' the intbrmation recorded on this EAF (Parts I and 2 and 3 if approp_riate'L and any other supporting intbrmation, and considering both the magnitude and importance oF each impact, it is reasonably determined by the lead agency that: A. The project will no[result in any lar~qe and important impact(s) and therefore, is one which will -- not have a significant impact on the environment; therefore a negative declaration w il be prepared. B.Although the pro~ect could have a significant efl:~ct on the enviromnenL there will not be/~ -- sim'~ificant effect ~hr this Unlisted Actmn because the mitigation measures described in PART .~ have been required, therefbre a CONDITIONED negative de¢laration will he prepared.* C. '['he project may result in one or more large and important imeacts that may have a signilicam -- impact on the environment, theret'bre a pos,rive declaration will be prepar&L *A Conditioned Negative Declaration is or, ly valid tbr Unlisted Actions Code ,~mendments /'or the Town of Sq~thold RO, tIB& B Zoning Districts Name of Action Town Board, Town of $outhold Name o f Lead Agency Joshua Fl, Itorton ~'rint or Type Name of Responsible Officer in Lead Agency Town Suptt~,vi~or Title of Responsible Officer Signature of Responsible Officer in Lead Agency Charles J. Voorhis, NP& [5 LLC Signature of' Preparer If different fi.om responsible officer) arulv 10, 2002 Date PART I - PROJECT ENFORM. ATIO' Prepared by Project Sponsor NOTICE: Th~i,s document is designed Lo. assist in determ, ining wh.e, ther ~e ac~on, proposed re, ay have a significant ettect on me environment. ~'tease comptete tt~e eg~fre tbrm, rares A mrough E. answers to these questions will be considered as part of the a.l~plication rot app. mval and may be subject to thnher verification and public review. Provide any aaa~tionaI information you believe will 'be needed to complete Parts 2 and 3. It i~ expected that completion of the full EAF will be dcoen,d, ent on information currently available and will nor in~volve new studies, research or investigation. Ifintormarion requiring such additional work is unavailable, so indicate and specifi~ each instance. NAME OF ACTION Code Amendments for the Town of Southold RO, HB & B Zonine Districts LOCATION OF ACTION/lnclude Street Address, Mtmicipaiity and County) All RO, [lB & B Zoned land in Town NAME OF APPLICANT/SPONSOR T_~,w_n Board, Town of Southold ADDRESS Town Hall~ 53095/Wain Road; P.O. Box 1179 CITY/PO STATE Southold NY NAME OF OWNER, (I£ different) Same ADDRESS BUSINESS TELEPHONE (631) 765-1800 ZIP CODE 11791-0959 BUSINESS TELEPHONE CITY/PO STATE ZIP COD[~ DESCRAPTION OF ACTION Application is a Town Board-sponsored revision of three sections of Chapter 100 of the Town Zoning Code (Article Vii, Residential Office (RO) District; Article Z~, Hamlet Business (liB) District; and Article X, General Business (B) DistricO, The Town of Sautholtt proposes amendments to these portions of the Town Zoning Code to promote the construction of accessory apartments and other housing types in each of these districts. Please Complete ILaeh Question ~ indicate ~.A. if not applicable A. SITE DESCRIPTION Physical serdng of overall project, both developed and undeveloped areas. I. Present land use: X Urban Industrial X Commercial Kural (non-farm) Forest ___Other vacant lands ... Residential (Suburban) Agriculture 2, Total acreage of project area All RO, lib & B ~oned land in Town Approximate Acreage Presently Meadow or Brashland (Non-abnScultural Forested Agrlcul~ra{ (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or ddal as per Articles 24, 25 of ECL Water Sur'thce Area [ Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (lndica.te type) 3. What is predominm~t soft type(s) on project site'? N/A a. Soil drainage: XWell drained ..... % ofsite__Moderamly well drained~% of site drained ~% of site 2 After Comple~on __Poorly TLIL-le-2¢B2 15:04 516 425 1257 P.I3G/1L~ o. lz any agncmtural Iv ' :S ~nvolve~, how m~y acres of soil ~hrough 4 of ~e N~S _~nd Classification Syst~? ~acres, (Se~ .YC~ 370). 4, Are the~ b~drock ore,rapping on pro~ct ~lte,. Yes No N/A a. ~at is dep~ to bedrock? dn met) 5. Approximate percentage of ~roposed p~ject site ~ slopes: 0- ~ l 5% or ~eater 6, Is projca substanfiallvcontiguous to, or con~n a building, site or dispel, listed on the S~ate or the National ~egisters of Historic Places? Yes ~ No ~/~ 7. Is pr9ject subst~lv contiguous to a site listed on the Kegisler of National ~amml L~ndmarks? ~ xes ~ ~o ~ N/A ~. ~at is the dep~ of the water table'? ~(in fee0 Varies throughout the Town 9. Is site Located over a primary, pnnc~pal, or sole source aqmfer. X Yes No 10.Do hunting, fishing or shell fishing opportunities presently exist in the project area'? X Yes _ No Il,Does project site contain any species of plant or animal life that is identified as threatened or end~ngered'? N/.4 - Individual sites in lite area may contait~ threatened species Yes ~ No According to _ identify each species . I2.Are there any unique or unusual land tbrms on the l>rqiect site'? (i.e., cli~53 dunes other geological fbrmations) Yes X No Describe ]3.Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes ___No If yes, explain N/,'l 14,Does the present site include scenic views known to be important to the commun'ry ? __ Yes No 15. Streams within or contiguous to project area N/A a. Name at' Stream and name of River to which Jt is tributary 16,Lakes, ponds, wetland areas within or contiguous to project area: throughout Town. a. N~.me -. b- Size (In Acres). NZ4 - Isolated !getlands 17,Is the site served hy existing public utilitie~? __ Yes. No NZ4 a) If Yes, does sufficient capacity exist to allow connection? Yes __ No b) It' Yes, will improvements be necessary to allow connection'? Yes No ~ii_,., p~ rsuant to Agncukm'e and Markets Law. Article 18.is the site locare~d in an aericultural district cert' ',"~ u ' 25-AA, Section ~03 and 304? ..~ Yes _ No N/A 19.£s the site located in or substantially contiguous to a Critical Environmental Area designated pursuant toArtic[egoftheECL, and6NYCRK6iT? X Yes __No SGPA 20.Has the site ever been used for the disposal of solid or hazardous wastes'? Yes No (N/,4 - Site sp~£ific) B. PROJECT DESCRIPTION 2. Physical dim~tnsions and scale of project ~dl in dimensions as appropriate) N/A a~ Total cont/guon~ a;reage owned or controlled by project sponsor acres. ,411RO, HB & B zoned land in Town b. Project acreage to be developed N/A acres initially; N/A acres ultimately, c. Project acreage to remain undeveloped N/A acres. d, Length of project, in miles: N/A (if appropriate/ e, IT the project is an expansion, indicate percent of expansion proposed f, Nemberofoff-sl:reerparklngspacesexisting_ NZ4 proposed,,..~¥/A g. Maximum vehicular trips generated per hour N/A (upon completion of project)? 3 n~ It reSl~lenPial: NumI~' lid type of housing uEts: One F~ily '~ .. o Family Mutfiple F~ilyCondominim. Initially ~mately i. Dimensions (in feet) ofl~gest proposed s~c~re ~height ~ width; ~ leng~ N/A j, Line~ feet of ~ontage along a public ~oroughfar~ project will occupy is? N/A P.87718 2, How much natural material (i.e,, rock, earth, etc.) will be removed from the site? N/A tons/cubic yards. 3, Will disturbed areas be reclaimed? Yes No X N/A a. If yes, tbr what intended purpose is the site being reclaimed7 b, Will topsoil be stockpiled for reclamation? __ Yes ___ No c. Will upper subsoil be stockpiled for reclamation'? __ Yes No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed Dom site? N/.,I acres. 5. Will a.n,~, mature forest (over 100 years old) or other locally-important vegetation be removed by this project: .......... Yes _ No NZ4 6. Il:single phase project: Anticipated period of construction NZ, I months, (including demolition). 7 9. Number of jobs generated: during censn'uction __ 10.Number of jobs eliminated by this project 0 If multi-phased: N/A a, Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 __ month __ c. Approximate completion date o'f final phase__ month __ d. is phase l fiancfionally dependent on subsequent phases'? __ Will blasting occur during construction? _ Yes X_ No N//I year, (including demolition). year. Yes No ; after project is complete N/A i t, Will project require relocation of any projects or facilities?,__. Yes X No If yes, explain 12.Ls surface liquid waste disposal involved? Yes X No a, If yes, indicate type o f waste (sewage, industrial, etc,) and amount b. Name of water body into which effluent will be discharged 13.Is subsurface liquid waste disposal involved? ___ Yes X No Typ% 14. Will surtice area of an existing water body increase or decrease by proposal'? Yes Explain 15.ls project or any portion of project located in a 100 year flood plain? __ Yes No N/A X No lb,Will the project generate solid waste? _Yes X No a. If yes, what is the amount per month __ tons b. If yes, will an existing solid waste thcility be used'? __ Yes No c. If yeS, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill?__ Yes e. If yes, explain _ No IT,Will the project involve the disposal ot'sotidwaste'? Yes X No a. ir'yes, what is the anticipated rate o f disposal? tons/month. b. If yes, what is the anticipated site li~? .... years. 18.Wall project use herbm des or pesUcldes. Yes X No 19.Will project routinely produce odors (more than one hour per day)? Yes 20,Will project produce operating noise exceeding the local ambient noise levels?__ ,X No Yes X No 4 ~TUL-I~-~002 1~: 05 zl.wmprojectresmtmav'ncreasemenergyuSe? __Yes ,X,, No [£ yes, indicate type(s) _ 2~.[f water supply is from wells, md;cate pumping capacity N/A 23.Total anticipated water usage per day N/A gallons/day. gallons/minute. 24.Does project involve Local, State or Federal funding? If yes, expla]n 25.Approvals Required: Agency City, Town, Village Board / X/Yes / / No City, Town, VilL Plan. Board / / Yes / / No City, TownZBA / /Yes / /No Ci~,CoantyHealthDept. / /Yes / /No Other Local Agencies / / Yes / ? No OtherRegional Agencies / / Yes / / No State Agencies / /Yes ? / No FederalAgencies / / Yes / /No Yes X No T'~e Type of Approval Zoning Code Revisions Submittal Date Submittal Date Pending C. ZONING AND PLANNING INFORMATION I. Does proposed action involve a planning or zoning decision? ..<¥__ Yes No If yes, indicate decision required: X zoning amendment zoning variance specqal use permit subdivision__,sire plan new/revision of master plan .... resource management plan__o~her 2. What is the zoning classification(s) of the .site? Residential Office (RO) District; Hamlet Business (LIB) District; and-General Business (B) District 3. What is the maximum potential development of the site if developed as pon'nit,ed by the present zoning? N/,4 4. What is the proposed zoning of the site'?. Same 5. What is the maximum potential development of the site if developed as permitted by the proposed anti I1 ~rontn~ ~tstrtcr$. 6. is the proposed action consistent with th~ recommended uses in adopted local land use plans? _X Yes __ No 7, What &re the predominant land use(s) and zoning classifications within a l/4 raiie radius of proposed action? Various lat~d uses and zonine districts 8. Is rite proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ~ Yes No 9. If the proposed action is the subdivision of land, how many lots am proposed? N/A a. What is the minimum lot size proposed? 10.Will proposed action require any authoriza'fion(s') for the ton'nation of sewer or water districts? .. Yes X No' .Will the proposed action create a demand f-or any community provided serv/ces (recreation, education, police, fire protection.)? X Yes No (Upon increase in affordable housing) a If yes. is existing capacity sufficient to handle projected demand'! X Yes No 12. Will the proposed act/on result in the generation of traft]c significantly above present levels'? Yes ~ No a. lfyes, is the existing road nel:,,vork adequate to handle the additional trai~ic'?__ 'Yes 'No YdL-18~2002 15:05 516 425 1257 P.09718 D. IN1;OI*dMATIONAL D' ~ILS Attach any additional int,-,nation as may be needed to clarify your p, ,ct. If there are or may be any adverse impacts associated with your proposal, please discuss sucl/impacts and the measures which you propose to mitigate or avoid thcnn. E. VERIFICATION I cerfi~ that the information provided above is true to the best o£my knowledge. If the ae~fion is i~th.e. Coa.s,tpl.?.rea, and you are a state agency, complete the Coastal Form before proeeeding with tills assessment. Part 2 - RESPONSIBILITY OF LEAD AGENCY Project Impacts and Their Magnitude General Information (Read Carefully) In completing the form the reviewer should be guided by the question; Have my decisions and determina6ons been reasonable? The reviewer is not expected to be an exper~ environmental analyst. [deatifythg that an effect will be potentially large (column 2) does not mean that it is also necessarily significant. Any large ~mpact must be evaluated in PART 3 to determine sig~ficance. By identifying an impact in column 2 slmpiy asks that it be looked at fart_her, The Examples provided are m assist the reviewer by showing types of irapacts and wherever possible the ttxeshotd of ma~mde that would trigger a respo~e in col~n 2. T~ examples are generally appt~cab[e throu~out the State and tbr most sltuatio~. But, tbr ~y specific project or site tuber ex amples anger lower t~esholfls may be appropriate I%r a gotenfi~ L~ge Impact rating, Each project, on e,qch site, in each locality, w/Il vat'y. Therefore, the examples have been offered as guidance. They do not constitute an exhaustive list of' impacts and rkreshoI~ to answer each question, The nmnber of examples per question does not ~dicate the [mpomanee of each question. Insteuctions (Read carefully) a. Answer each of the 1.9 questions in PART 2, Answer Yes if there w~ll be any impact. b. Maybe answers should be considered as Yes answers. c. If answer/rig Yes to a question then check the appropriate box (column [ or 2) to indicate the potential size of the impact, If threshold impact equals or exceeds any exmnple provided, check colurrm 2. If impact will occur but threshold is lower than example, cheek column [, d. If m¥1ewer baa doubt about s/ce of the impact then consider the impact ~-s potentially Large and proceed to PAPT 3. e. If a potentially large impact or effect can be mitigated by a change in the project to a less thlm large magnitude, check the yes box in cohnm 3. A No response indicates that such a reduction is not possible. IMPAC'T ON LA. ND Will the proposed action resuh in a physical change to the project site? X Yes No IMPACT ON LAND Examples that would apply to Colurtm 1 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change (Enter Yes or No) Any consmaction on slopes of 15% or greater. (15 toot rise per 100 foot of length-), or where the general slope~ in the project ~rea exceed ! 0%. Construcd. on of land where the depth re the water table is tess than 3 feet. Construction of paved parking area tbr 1,0l)0 or more vehicles. Consmacfion on land where bedlock is exposed or generally within 3 feet at' exist~g bvound sued%ce. Cons~cton that will continue tbr more ~n one y~r or/nvol~e moffi t~n one p~ or ~mge, Cons~cuon in a desi~ated floodway. JUL-l~2~02 15:06 $16 ~25 1257 P,11/18 formations, etc.) ~ Yes _ __ No. List ~pecific land £orms: IMPACT ON WA?ER 3. Witl proposed actioc~ affect any water body deaignatad as protectect? (trader Articles tS. 24.25 of tko Enviromnental Conservation Law. ECL) X" Yes __ No. IMPACT ON WATER (Examples that would apply to column 2) 1 2 3 Small to Potential Can Impact Bc Moderate Large Mitigated By Impact Impact Project Change (Eater Yes or Developable ar~a of site contains a protected water body, Dredging more than 100 cubic yards of material fi.om channel ora Extension of utility distribution facilities th. rough a protected water body. o ed i C nstru on n a designated freshwater or tidal wetland. Increase in llotable water uae. X 4. WiHprogosedacrionaf£ectanynon-prometedexis£ingornewbodyo£wcter? __ Yes X A 10% increase or decrease in the surface area of any body of water or C onstrucfion ora body of water thal exceeds 10 acres pt' surface area. Please List O~er Impacts: 5. Will proposed action affect surface or ~oundwater quality? _ Yes X No No Proposed Action will require a discharge permit. Proposed Action ~equires uae of a source of water that does not have approval to serve proposed (project) action. Propoaed Aclio~ requires water supply fi.om wells with grea~r than 45 gallor~ per mlnttte pumping capacity. Construction or operation causing any contamination ora public water supply system. ~UL-18-2~02 15:06 (B~m@~ ~ would apCy ~o column 2) 516 425 1259 P.12/18 ~ 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change (Enter Yes or No) Proposed Action requiting a facility that would use water in excess of 20,000 gallons per day. Proposed Action w/Il likely cause siltation Or other discharge into an exist/ag body of water to ~e extent that there wilt be an obvious visual conl~-a~t to natu.ral conditions. Proposed Action will require the storag~ of petroleum products gmmer than 1,100 gallo ns. Proposed Acdo~ will allow residential uses in areas without water and/or sewer services. I/st other impacts: 6. Will proposed action alter drainage flow, patterns or surlhce water rtmoff? -- Proposed ActiOn would impede flood water flows, Provosed Action is likely to cause substantial ems/on. Proposed Action is incompatible with existing dralnpattems, Proposed Action will allow development in a designated floo6way, Yes ..X~ No, IMPACT ON AIR 7. Will proposed action affect air quality? __ Yea X.~ No. Proposed Action will induce 1,000 or more vehicle trips in ~iven hour. Proposed Action w/Il result in the incineration of more than I ton of re.se per hour, Proposed Action emission rate oeall contaminants will exceed 5 lb,5. Per hour or a heat source producing more tNm i0 million BTU's per IlOtlr, Proposed Action will allow an increase in the amounl of land committed to industrial use: Proposed Action will allow an increase i~ d~e density of industrial development in existing indus'trial ama~, Please List Other impacts: 9 ~UL-~8-2~2 ~S: 06 IMPACT ON PLANTS AN .NlM, ALS 8. Will Proposed Action affect any threatened or endangered species? __ Yes X Ne. IMPACT ON PLANTS AND ANIMALS (Examples that would apply to Column 2) 1 Small to Moderate Impact ]?,eduction of one or more species listed on the New York or Federal list. using the site, over or near site or'found on the site. Removal of any pm*ion of a critical or si~ificant wildlife habitat. Application of pesticide or ixerbieide over more than v,vice a year other than for agricultural purposes. Please list other Lmpacm: 9. Will Proposed Action substantially affect non4hmatened or endangered ~p¢cies? ___ Proposed Action would substantially interfere with any res dent or minatory fish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature rbrest foyer 100 years of age) or other locally important vegetation. 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change (Enter Yes or Yes X IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action at,'act a,=.n'iculmra[ land resources? Yes ~¥,, No IMPACT ON AGRICULTURAL LAND RESOURCES (Examples that would apply to Column 2) The Proposed Action would sever, cross through, or limit access to a field of agricultural land (includes cropland, hayfields, pasture. vineyard, orchard, etc. Consa'uction acuvky would excavate or compact ~.e sail profile of abm cultural land, 1 Sm, q to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change (Enter Yes or No) 10 JLfL-~ 2¢02 3.5:06 516 425 IMPACT ON AESTHETIc ZSOURCES OR COM3IUNITY CHARAC 11. Will proposed action affect aesthetic resources, or the character of the neighborhood or cormmmity? Yes X .NO IMPACT ON A~STHETIC RESOURCES OR COMMUNITY 1 2 CHARACTER Small to Potential (Examples that would apply to colmna 2) Moderate Large (~f Neces~a~ U~e ~he Misual EAF Addendum in Section 61723) Impact Impact Introduction of proposed land uses, projects or project components obviously different or in sharp contrast to ma-rent surrounding land use patterns or existing mammade additions to the landscape. Introducilon of proposed l~ad uses, projec~ m project components aa described in the above enample ~at will be v~dble to ~ers of aesthetic enjoyment or appreciation of~e appea~ce or ~s~etic q~i~es of ~ Introduction &project components that will result in the elimination or significant screerd.ng &scenic views known to be import.at to the area. IMPACT ON HISTORIC AND ARCHEOLOGICAL RESOURCES t2. Wilt Proposed Action impact any site or am~cture of kistoric, prehistoric or paleontoln~cal importance? Yes ,¥ No 1 2 IMPACT ON HISTORIC A~D ARCHEOLOGICAL Small to Potential RESOURCES Moderate Large (Examples that would apply to colmnn 2) Impact Impact Proposed Action occurring wholly or partially within or contiguous to any [acility or site listed or elJbdble for listing on the State or National Re~ster of l'fistofic places. Any impact to an archeolog/cal site or fossil bed located witkin the project site. Proposed. ActiOn will occur in an ama designated as Sensitive tbr archeologicul sites on the NYS Site Inventory. Please list other impacts: 3 Can Impact Be Mitigated By Project Change (Enter Yes or No) Can Impact Be Mitigated By Project Change (Enter Yes or No) 11 2UL ~8-2002 ~5:07 516 425 ~257 13, ~i~ Pr~sed Acti~n a~ec~ the quantity ~r qual~y ~f existiag ~r fumm ~pe~`~aces ~ recr~ati~na~ opportunities7 .... Yes X No MPACT ON OPEN SPACE AND RECREATION (Examples that would apply to column 2) 1 Small to Moderate Impact Potential Can Impact Be ~ Large Mitigated By Impact Project Change (Eater Yes or No) Tile permanent foreclosure of a furore recreational opportuxfity. A m~jor reduction or' an open space important to the community. IMPACT ON TRANSPORTATION I ¢, Will there he an effect to e~isting transportation systert~? ...... Yes X No IMPACT ON TRANSPORTATION (Examples that would apply ro coluran 2) l Small to Moderate Impact 2 3 Poteneial Can Impact Be Large Mitigated By Impact Project Change (Enter Yes or No) Alteration 0fp~sent patterns of movement of people and/or goods. Proposed Action will resort in severe traIEc prObtems IMPACT O1N EINERGY 15. Will proposed action affect the com~u~des' so.es of~el or ener~ supply'? ~ Yes ~X~ No IMPACT ON ENERGY (Examples that would appty to column 2) Proposed Action will cause a greater than 5% increase in any form of erie _rgy in municipality. Proposed Action will require the creadon or extension of an enera3, transmission Or supply system to serve more than 50 single ortwo t~amily residences. 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change (Enter Yes or No) 12 YdL-18-2~2 ~_5:07 5~.6 425 ~257 P. 16/18 IMPACT FROM NOISE, C RS, GLARE, VIBRATION. OR ELECTRI L DISTUI~ANCE £6. Will there be objectionable oclom, noise, glare, vibration or electrical distuxbance as a result of the Proposed Action?__ Yes ~ No IMPACT ON NOISE (Examples that would apply to column 2) 1 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Be Mitigated By Project Change (Enter Yes or No) Blasting within l,$00 feet pt~ a hospital, school or other sensitive t'aciliry~ Odors will occur routinely (mom than one hour per day), Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that wo~d aec as ~ noise Please list o~er impacts: IMPACT ON PUBLIC HEALTH AND (HAZARDS) SAFETY 17. Will Proposed Action affect public health and safi~ty? -- Yes ,X IMPACT ON PUBLIC HEALTH AND (HAZARDS) SAFETY (Examples that would apply to column 2) Proposed Action will cause a risk of explosion or release of hazardo~ substances (i.e. oil, pesticides, chemicals, ra~atiom eto.) in the event ut'accident oc upset conditions, or there will be a chronic low level discharge or emission. Proposed Action wil~ result in the burial of"hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive, irri~atin~ infectious, etc., including wastes that are solid, semi-solid, liquid or contain gases t, Storage thcilitias for one million pt move gallons of liquefied natural gas or other quids, Please list other impacts: 1 Small to Moderate Impact Potential Large Impact 3 Can Impact Be Mitigated By Prelect Change (Enter Yes or ~o) 13 lS. W~II Proposed Action affec~ the charscter of the existing Community? X~ x es __ No 1 2 IMPACT ON GROWTH 3aND CHARACTER OF COMMUNITY Small to Potential OR NEIGHBORHOOD Moderntc Large (Examples that would apply to colmnn 2) Impact Impact The population of the city, town or village in which the project is likely to grow by mote than 5% of resident human pop~lation, The municipal budgets/hr capital expenditures or operating services will increase by more than 5% per year as a r~sult ofthls project. Will involve any permanem fhcility pfc non-agricultural use on more than one acre in an agricultural disixict or remove more than 10 acres of ( pd me) agriculture[ lands from cultivation. Proposed Action VAIl replace or elhninate existing f~cilities, strucrttres or areas of kistodc importance to the community, Development will in induce an influx of a particular age group with special needs. Proposed Action will set an important precedent for l~'ure projects. Proposed Action will relocate [5 or more employees in one or more bushiesses. Proposed amendmenLs will result in an increaaa in tho number of J~eople residing in area,s zoned curreatt~ foe buMness' X 3 Can Impact Be Mitigated By Project Change (Enter Yes or No) IMPACT ON CRITICAL ENVIRONMENTAL AREAS 19, Will Proposed Action impact exceptional or unique clmmctefistics of critical envffomnental areas 'CEA) established pursuant to subdivision 6 NYCRR 6 t 7.14 (gl? __ Yes X No IMPACT ON CRITICAL ENVIRONMENTAL AREAS (Examples that would apply to column 2) Proposed action to locate within the CEA. Proposed action will result in a reduction of the resource. Proposed action will result in a reduction in d~e quality of the resource. Proposed action vail impact the use, function or anjoymem of the Other impacts: t 2 Small to Potential Moderate Large lmpnct Impact 3 Cna Impact Be Mitigated By Project Change (Enter Yea or Nol 14 J/JL-18-2~02 15:~? 516 ~25 1257 Either government or citizens of adjacent cormmamties have expressed Ol~l~OSirion or rejected th~ project or have not been contacted. Objecfio~ to the project from w/thin be community. P.lS/18 15 TOTAL P.1S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765~1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 24, 2002 Charles J. Voohris, CEP AICP Nelson, Pope & Voohris, LLC 572 Walt Whitman Road Melville, New York 11747-2188 Dear Mr. Voohris: The Southold Town Board adopted a resolution at their June 18, 2002 meeting to refer the proposed amendments to the Ro, HB, and B zoning districts to you for a SEQRA review. I am enclosing a copy of these amendments. Please send a proposal for the cost. Upon receipt of these amendments, please contact the Town Attorney, Geregory Yakaboski at 765-1939. If you have any questions, please call me at 765-1800. Please send the completed reports directly to my attention. Thank you. Very truly yours, Elizabeth A Neville Southold Town Clerk Enclosures (3) proposed code amendments cc: Town Board Town Attorney ARTICLE VII, Residential Of'rice (RO) District [Added 1-10-1989 by L.L. No. 1- 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No. 23-1989; 2-7-1995 by L.L. No. 3-1995; 10-19-1999 byL.L. No. 15- 1999] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goal(s) of well-planned, environmentally sensitive, balanced development, which the town has determined to be desirable. § 100-71. Use regulations. In the Residential Office (Re) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) Owner occupied two-family dwellings. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (a) Buildings, structures and uses owned or operated By the Town of Southold, school districts, park districts and fire districts. (b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for acti¥ities ts~pically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fnndraising events, patriotic observances and catering for public and private functions. (c) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14). (d) Professional offices. (e) Churches or similar places of worship, parish houses, convents and monasteries. (f) Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance studios. (g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like-kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (1) Special exception uses as set forth in and regulated by § 100-31 B(4) 2~ through (7) of the Agricultural-Conservation District. (2) Funeral homes. (3) Apartments may be permitted over business and professional offices as regulated by § 100 91B(4)(a) through (f), inclusive. (4) Restaurants, except fast-food or formula restaurants. (5) Custom workshops, provided that they shall not be all or part ora commercial center. C. Accessory uses. The following uses are permitted as accessory uscs and, except for residential accessory uses and signs, which are goverued by Article XX, are subject to site plan review: (1) Accessory' uses as set forth in and regulated by § 100-3IC(1) ttu:ough (7) of thc Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet Density Residential District. (3) Apartments are permitted within the principal structure subject to the following requirements: i) ii) iii) iv) v) The Building Department issuing an accessory apartment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350'/square feet. There shall be no more than three (3) apartments created or maintained in any single structure. Each apartment shall have at least one (l) off street parking space. Construction and/or remodeling of an existin~ structure to create an accessory apartment shall not tri~er the need for site plan approval set forth specifically in section 100-250 and Article XXV in general unless such construction or remodeling results in an increase of the square footage of the structure. D. Additional standards. All permitted structures as set forth in this article, except for single-family dwellings, shall be subject to the following: (1) No outdoor storage or display of any kind shall be permitted. (2) All permitted buildings and other structures shall be visually residential ~n character, the visible architectural features of which shall be consistent and compatible with the architectural styles of the existing structures in the immediate neighborhood. (3) Store fronts of any kind whatsoever shall not be permitted. § 100-72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full. EN ARTICLE IX, Hamlet Business (HB) DisWict [Added 1-10-1989 by L.L. No. I-t989EN] § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 100-9i. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7- 1995 by L.L. No. 3-I995] Permitted uses. The following are pemfitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100 3 lA(l) and (3) of the Agricultural Conservation District. One-family detached dwelling. (2) Any permitted uses as set forth in and as regulated by § 100 42A(2) of the Hamlet Residential District. Two-family dwelling. Buildings, structures and uses owned or ol~erated by the Town of Southold, school districts, l~ark districts and fire districts. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16- 1994 by L.L. No. 9-1994] (8) Bakeshops (for on-premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) An, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor), (17) Libraries or museums. (18) Laundromats. (19) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14). (20) Multivle dwellings. B. Uses permitted by special exception by fl~e Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and (13) and (14) of the Agricultural-Conservation District. (2) Multiple dwellings and toxvnhouscs. (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No. 16-1990] (4) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may be permitted over retail stores and business, professional and governmental offices, subject to the following requirements: (a) The explicit written approval of thc Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a ~'cater than average built in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not bo located on the first floor of thc building, and the apartment shall contain all ser¥iccs for safe and convenient habitation, meeting thc New York State Uniform Fire Prevention and Building Code and the Sanitary Code. (c) There shall be no more than three (3) apartments created or maintained in any single building. (d) Each apartment, or common hallway servicing two (2) or thrce (3) apartments, shall have a separate access to tho outside of thc building, which must be distinct from thc access to uses on the first floor. (e) Each apartment shall have at least one (1) on site off street parking space meeting the standards of this chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute anch agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of thc town as, upon recommendation of thc Town Attorney, thc Board shall determine to be necessary to ensure that: [ 1 ] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or an5' other party, except as part ora sale of thc entire building in which the apartment is located. [2] The apartment is made available for year round rental. [3 ] The apartment is properly constructed, maintained at~d used, and unapproved uses are excluded therefrom. [4] An)' other condition deemed reasonable and necessary to ensure the immediate and long term success of the apartment in helping to meet identified housing nccds in the community is complied with. (5) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. (10)ENFlea markets. [Added I0-17-1995 by L.L. No. 214995] (11) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part o£its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100~33 thereof. EN (2) Apartments are permitted within the principal structure subiect to the followin~ requirements: i) ii) iii) iv) v) The Buildin~ Department issuing an accessory apartment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350) square feet. There shall be no more than three (3) apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parkin~ space. Construction and/or remodelin~ of an existing structure to create an accessory apartment shall not tri~er the need for site l~lan approval set forth specifically in section 100-250 and Article XXV in ~eneral unless such construction or remodelin~ results in an increase of the square footaue of the structure. § 100-92. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule ~md Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN § 100-93. (Reserved) ARTICLE X, General Business (B) District [Added 1-10-1989 by L.L. No. 1-1989EN] § 100-100. Purpose. The purpose of the General Business (B) District is to provide ]tbr retail and wholesale commemial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in pan, for any uses except the following: A. [Amemted 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses pemlitted under Subsection A(I), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by § 100-91A(3) to (I9) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-1995] (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State/aw from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (c) It shall have retail sales on site. (12) One-family detached dwelling. (13) Two-family dwelling. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L,L. No. 19-1991] (3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and dri~rking fiacilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as chm~ge of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (g)ENNo gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet ora church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It slxall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which ~vill shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) One family detached dwellings, not to exceed one (I) dwelling on each lot. [Added 7 13 1993 byL.L. No. 11 1993] (16) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping center site. (i7) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995] C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-1994] (2)ENOpen storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. (3) Apartments are permitted within the principal structure subject to the following requirements: i) ii) iii) iv) v) The Building Department issuin~ an accessory al~artment pernfit. The habitable floor area of each at~artment shall be at least three hundred and fifty (350) square feet. There shall be no more than three {3) apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parking space. Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in section 100-250 and Article XXV in general unless such construction or remodeling resuhs in an increase of the square footage of the structure. § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-19951 A. Structures shall be set back at least one hundred (100) feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the fight-of-way. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFO~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 410 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Horton to execute all necessary documents to retain the environmental firm of Nelson, Pooe and Voorhis to conduct ali asoects of the SEORA review of the Orol0osed changes to the RO, HD and B zonin~ districts including determining the Type of Action for each project and the Environmental Assessment pursuant to the SEQRA rules and regulations. Elizabeth A. Neville Southoid Town Clerk