Loading...
HomeMy WebLinkAboutRevise Business Uses 1997IIECEIVED Mr. Edward Forrester/Code Enforcer Southold Town Hall Main Road Southold, NY 11971 550 Locust Lane Southold, NY 11971 March 23, 1998 To Mr. Forrester: Thank you for speaking with me today about the 7-11 lighting problem. As I mentioned to you, my front door faces north on Locust Lane and the floods light on 7-11 shine into my living roam. I spend most of my evenings in this room and the lights are very unpleasant. I also brought up the dangerous side entrance - which is hidden by a bush. On more than one occasion, I have almost had an accident. This is a constant danger to everyone and for safety reasons alone, this side entrance should be closed. If it weren't for the presence of7-11, our street would be relatively quiet. 7-11's customers should not be accessed into a neighborhood. A better place for 7-11 would be the Feather Hill Shopping Complex. Business would be contained in the Business District. There is plenty of parking and good truck access from behind. This location would be convenient for everyone - business people, shoppers, students and especially people coming on and off the Sunrise Bus and Railroad. It would be a welcoming terminal for visitors. Early morning or late night, travelers would be accommodated by a convenience store where newspapers, coffee, and telephone service are always available. Feather Hill is already well lit, architecturally cohesive and bordered by Route 25 and the railroad tracks. There are a lot of vacancies here that would benefit from this move. Tiffs is the yery district we want to encourage business in. Here, there is no danger of distm~bing a neighborhood, like they've been doing in Founder's Estates. While I think this is the best solution, I'm sure anyplace is better than where it is now. Some serious action should be taken at this time. Yours truly, Harry Mitchell STOP-Watch Cc: Town Board, Town Planner, ZBA, Code Committee MARK P. GAYNOR 1905 MARLENE LANE MAt~IlrtJCK, N. Y. 11952 298-9531 February 25,1998 Supervisor Cochrane and Town Board Southold Town Hall Southold,N.Y. Dear Jean and Fellow Board Members: Further to my recent letter about the proposed Mattituck 7-Eleven,and at the urging of several neighbors,I put to- gether the attached petition for your consideration. Although my signature-gathering time is limited,you'll note that,in just two days,thirty six folks "signed up". Everyone I talked to agreed on two things: l.Mattituck has no need for another 7-Eleven type estab- lishment.We already have an ample number of convenience type outlets,including Handy Pantry and numerous delicat- essens. A 7-Eleven,or similar outlet,could only make a /bad traffic situation along Route 25 worse. ~.A traffic light,strategically placed along the Bay Aven- ue - Factory Avenue stretch,is badly needed.The existing left turn lane arrangement is a marginal solution at best. Note: I have some hope,based on a discussion with Pat Acam- pora at Brian Murphy's fund raiser last summer,that she should be ready to push for such a traffic signal now,given the fact that she has now been successful in her quest for a full service traffic light on Route 25 in Aquebogue. You may wish to pursue this with her.Please keep me posted. By the way,one of my neighbors asked what ever happened to the study developed while Tom Wickham was Supervisor which entailed hamlet groups discussing the present needs of,and the future expectations of each hamlet.Can you shed any light on this? Jean,best wishes to you and to your entire Board. Keep up the good work! Sincerely, Mark P.Gaynor SUPERVISORS OFF TOVVN OF SOUTHOL FEBRUARY 1998 TO:SOUTHOLD TOWN BOARD SUBJECT: STOP PROPOSED MATTITUCK 7 ELEVEN THE UNDERSIGNED RESIDENTS OF MATTITUCK AND NEARBY COMMUNITIES STRONGLY URGE THE SOUTHOLD TOWN BOARD TO TAKE WHATSOEVER ACTION IS NECESSARY TO PREVENT A 7 ELEVEN OR SIMILAR BUSINESS FROM OPENING IN SPACE ADJACENT TO THE CITGO GAS STATION ON ROUTE 25 IN MATTITUCK. THE TRAFFIC SITUATION ALONG THAT STRETCH OF ROUTE 25 IS ALREADY QUITE HAZARDOUS WITHOUT ADDING AN ADDITIONAL TRAFFIC MAGNET SUCH AS A 7 ELEVEN WOULD REPRESENT. FURTHERMORE,WE URGE THE TOWN BOARD TO DO WHATEVER IT CAN TO HAVE A TRAFFIC LIGHT INSTALLED AT AN APPROPRIATE PLACE ALONG THIS STRETCH. DATE SIGNATURE ADDRESS DATE SIGNATURE ADDRESS RECEIVED 4 199 Soulhold Tow~n Cle~ $outhold Town ~oard Main Road Southold, New York 11971 Proposed Mattituck 7-eleven James H., & Fay V. Small 550 Aborn Lane Cutchogue, New York 11935 March 1, 1998 Dear Board Members; The proposal to open a 7-eleven store at the Citgo gas station next to the A&P in Mattituck is one that should be examined very seriously in light of the fact that this exact spot is already near the top of the list of the most dan- gerous sections in Southold Town. As it is now, one's life is at risk on entering and exiting the A&P lot as well as the roads which join the Maim Road in the Citgo area. We urge the Town Board to turn down a 7-eleven request to open a store on that site.  ours truly, ~ James & Fay Small cc: Editor, Suffolk Times RE IVED 4 1998 Locust Lane Southold, N. Y. 11971 March 2, 1998 Ms. Valede Scopaz and Code Committee Southold Town Hall Southold, New York, 11971 Dear Ms Scopaz and Code Committee: Thank you for taking the time to explain what has happened to us on Locust Lane. We only wish we'd had mom time for open discussion as we am concerned about what can be done to rectify the mistakes that have been made. As I said at the code meeting, every problem that's facing Southold town today, we are dealing with here on Locust Lane. 1. Ugly suburban sprawl a. Mullen Motors and Seven/Eleven b. Surburban architecture--flat roofs, plastic signs, glass showcase c. Macadam paving d. Chain-link fences e. No trees, grass, etc. 2. Environmental Problems a. Our trees are destroyed b. Macadam runoff into nearby creek c. Garbage litter of Slurpy Cups, beer bottles, plastic wrappers d. Noise car alarms, car repair--hydrolic lifts, car revving night deliveries--18 wheeler backup beeper, dropping ramp 3. Traffic a. excessive truck congestion b. test driving c. blind end dangerous ex'rting d. illegal parking, total road blockage during deliveries 4. Ughting a. Excessively bright wattage [Halogen] b. Angled directly on and toward neighbors and motorists All these disturbances are from two inapprropriately-located businesses. In spite of all this, ten years ago, Mullen Motors was allowed to expand a car lot west along scenic Rte. 25 and sou~, removing and demolishing homes in its path. Now, ten years later, they want to expand agein. There is never an end to Car Dealership expansion. Just look at Rte. 58 in Riverhead. But at least those dealerships are not destroying shops, homes and the hamlet stretch. At the meeting last Wednesday, I was not suggesting that we create a strip mall on Route 48, but we also don't want one on Route 25 either--especially blocking the entrance to Founders Landing Estates, Southold's oldest residential area. It seemed timely, while we are examining the codes for gas station/auto repair/convenience stores to mention the problems connected with Seven/Eleven and Mullen Motors. As the population and traffic increase, the situation in this area can only become worse and more unmanageable. Convenience stores should not be located in the hamlet competing with the nearby local delis and beverage stores. Farming and Fishing have ail but faded out. Must we jeopardize our Iocai small businesses with large chains such as Seven/Eleven? What's good for Seven/Eleven is not necessarily good for Southold town! rm sure the Emporium, Wayside Market, and Ughthouse Beverage would greatly benefit if Seven/Eleven was not competing with thom on the same street The truck traffic drawn by the presence of Seven/Eleven congests East Main Street and negatively impacts these local smail businesses. To draw trucks unnecessarily down into the hamlet, as these 2 businesses do, creates an unsafe and unpleasant village experience. People are not inclined to stop and shop in a truck-intensive environment. How can anyone enjoy the quaint village atmosphere when it is spoiled by heavy trucks and traffic? The Seven/Eleven on Locust Lane is frequented primarily by trucks of all sizes-- Highway Department trucks, fuel trucks, utility trucks, pick-up trucks, landscape trucks, car carriers, delivery trucks, 18 wheelers. These are the types of vehicles that congregate at Seven/Elevens. They even market a sandwich called "Truckstoppers"! (see enclosed) These workers take their breaks and then park on our roadsides, drive thru our neighborhood, down k) Founders Landing and the Town Harbor Dead End. We are tired of them using our streets and neighborhood as a playground and picnic area. One would think that the "No Parking" signs on Locust Lane read "Park and Ride" instead! All these scenarios were predicted and well documented in the 1982 opposition to Seven/Eleven led by Bill Albertson (see enclosed papers). If Southland Corp. has enough money to set up a another store in Mattituck, thoy certainly have the means to relocate the Locust Lane Seven/Eleven that was poorly situated from day one. For a possible solution, one need only to look at Southampton's handling of this identicai problem. It was successfully resolved by moving Seven/Eleven out of the Hamlet and away from residences. While you are reworking the Master Plan, we request for you to consider an aitemate location for this Locust Lane Seven/Eleven. Thank you very much. Sincerely, Jean Sanford S.T.O.P.--Watch c.c.: Southold Town Board, Z.B.A., Code Enforcement Southold, New York May 5, 1982 William Pell, Supervisor Town of Somthold Southold, New York Dear Bill, I guess bureaucracy is designed to create a confused view to the general public. Even on a local level it is hard to figure who has jurisdiction on applications such as the 7-11 store. The latest allegation is that the issue will end up back at the town board. If this be so I want you and the other board members to realize that there is a sizable number of voters opposed to any type of 24 hour service business unless that business is completely away from a residential zone. The death this week of Henry Clark brings to mind one of his last campaigns for office. He supported our zoning ordinance and stated that he was willing to be defeated on that issue alone. The whole thrust of that law and the people who supported it was to ~eep Southold from becom~in~ a mid-island carnival. I cann0t thi~ that a 7-11 is in keeping w~tn the in~ent of our zoning ordinance. ~ I strongly urge you and the other members of the board to do everything legally within your power to deter, stop or alter the application. By far the most objectionable aspects of a 7-11 are the 24 hour service gnd the kno~,~ problems caused by the sale of beer. It is alleged that they are not overly careful as to the age of their purchasers. It is a fact that one way or another that the beer ends up in the hands of the underaged. If ew~ry business in Southo!d caused the number of calls that the 7-11 has generated to the police the expense of town government would certainly esculate dramatic~ally. Thank you for whatever help you can give us. Very sincerely yours, ~illiam G. Albe~tson P.S. I just mailed similar letters to all town board members. tf possible do you know the next step in the progression to try' to stop this? If ultimately we fail I can see the beginning of a campaign for a noise ordinance, higher fines for littering etc. Southold, New York ~arch 22, 1982 Henry ~aynor, Chairman Southold To%~n Planning Board Southold, New York Dear Mr. Raynor, Eaclosed are 655 signatures Ea~thered this we~k of people in the Town of Southold who have voiced o~Dosition to a "7-Wl~v~n" lstDre in Southold. Enclosed,too, is the police report of disturbances occurlng on the premises oi' zne Greenport and Cutc~_og~e stores.  We call your attention to Artiple 13 - Site Plan;Approval, Section 100-i3~ "Objectives": ~he P!~araDin~ Board into e o n si d ~ a~tio~h~ ~p~b~ c conxort ~d conyen~en~ o! t~ in~ general ~d the residents o~ ~he ~mm~i~ ~h~o~hood mn p~tlcu~ Your office has advised us that tonight's Presubmission Meeting is ~ aoprooriate time to submit these petitions. ~e ~elcome your suggestions as to what further ~roc~dures aro necessary to express our objections. Please keep us informed about discussions on this matter. Respectfully, ,on: Barbara and ~illiam ....... the area ~t~t~G~SIrecatl, dra~.e~flow in that lo~tion ccmes fl-om the north side~e Main Road and "~ve~lly feeds in~%h_s_ pondered Horton Creek, t~r erring at least some~.of ~he ~ea eoc~s~d~by t~Koposed develo~e~How ~s ~i~ ~&em been resolve~ ~ ~ ~ Store: As ~ residen~of the Fo~ders Es~te a~a, ~would reco~d that the ~cel at the ~mer of bc~t ~e ~d ~ute 2~ be c~n~dere~ for use as a ~1 ~ofession~ or bu~ness office, much more in c~racter ~th the nearby mostly ~sidential a~a. The traffic problem is a main concern. 1) Hobart Road isa one-way stree~south from the Main Road for one block, so residents and ~,mmer traffic must use other streets to get out to the Main Rcad. ~) The alternatives for egress to the Main Road are: 9or__rage Place is a narrow stree~a dan~ierous sorne_r._~wi~w-it.h Locust Lane. is another n_aF~row~ t_~_~. Rresence of~a · 7-11 stor~ a--~--%~e--~rner opposlte Colonial C6rners will Town Harbor Road is the only other exit from Founders Estates. At present, both Hobart Road and Town Harbor Road are speedways for visitors at Founders Landing park. I~ ?-ll sto3~e~ig constructed on t~h_~ Main Road, we foresee a g_r~eatly increas~ed~amount of traffic .~in this area, as w~ll as ~an '.ln~c~ease~in debris thrown from cars__. We oppose the use of t~is property for a 7-11 store. ~ ~ ~ Southold ~iew York -~ ~ ~3c~ M. arch 30, 1982 Henry Raynor, Chairmm; Southold Tov~ Planning Board Dear ~lr. Raynor, Enclosed is a copy of our letter sent to ~fr. J. P. Thompson, President, The Southland Corporation, owners of the ?-Eleven (7-11) stores. As a steering committee of concerned citizens representing the 650 To~ship residents who signed a petition opposing the ?-1I store in Southold, we wish to emphasize the followin~ points for consideration when the ?-11 question comes to your attention: 1. General comoliance. Does the proposed 7-11 store comply with the stated purpose and general provisions of the Zoning Ordinance? Its fundamental purpose is to protect and promote "the public health, safety and welfare"and includes the following: 100-10 Furmoses C .... privacy for families D .... prevention and reduction of traffic congestion E .... maximum protection of residential areas G .... enhancement of the aopearance of the Town of Southold 1OO-11 Conflicts /~=-- A. "Where a provision...conflicts with...any other provision ...,the provision or requirement.which is more restrictive or L which establishes the hiKher standard shall govern." £-(ZONINC, Article I, General Provisions, p. 10005) 2. Traffic congestion. Will increased traffic on the state high- way from the entrance and exit of the proposed site, when com- bined with the traffic flow from Colonial Corners, result in traffic congestion and a safety problem? The approximately 22 feet width of Locust Lane could elminate that road as a viable entry and exit. ~ traffic count should ~. much more extensive, ~s~d~ streets_~ 3. Taxes. The suggestion that this business would generate $5000 to $6000 in prooerty taxes may not be the case. How much tax is presently paid and is the difference, if any, going to cover the cost of oolice vigilance? 4. Revenue orojections. In a locality where the majority of residents are Senior Citizens, who lead lives with more regular hours, are revenue projections for a third all-night store realistic7 There are already two ?-1~ stores about three miles to the east ar, d west of this proposed location. This type of retail store tends to take revenue out of town. Chain stores benefit the town only when price levels are generally lower than competitors. A professional office at this site might employ more than the six employees projected by ?-11 and at higher salaries. 5- Police investications. In other instances where ?-ils'exist, there have been a considerable number of disturbances causing investiFations by the police. Southold police report 41 calls for'~isturbances at the Greenport store and 17 calls at the Cutchogue store in 1981. A ?-Il in Southampton villa&~e is requesting a chou/ge of its 'location because of similar comDlaint~ b~ residents and businesses. ~ 6. Potential problems. All night establishments where beer is sold can become ap- undesirable gathering place. A national report cites an increase in drug use where electronic games are on the premises. The sale of porno~aDhlc literature and under the counter drug sales could occur, increasing the potential for lawlessness and vandalism in the area. 7. Litter. The premises themselves are often litter-strewn, as are the surrounding areas where paper, cans and bottles are often discarded. ..=gneral~tmosDhere. The commercialiDing architecture and rl~n~ neon lighA si_i21tLU~d~.n~t~h~.~_c~ th~e~n.~ra1 atmosphere of ~e f~rst E'~gff'~h"settlement ~f ::ew Y6r~{$[ ~'TS'~ri~sm-h~g-~-- value ~o a~I~s~nesses in the to~. ~hat effect would a "Coney Island" atmosphere have on ito ~hat effect would this eventually have on l~d values if the rural quality ~d historic environ- ment ~e diminished? 9. Transitional districts. Area integration would be Dreferrable at boundaries where a business zone adjoins the residential dis- trict. Transitional businesses and structures (such as a 9:00 5:OO business) bordering the residential sector would provide a more harmonious relationshio. In this case, can a 24 hour drive-in store be considered uD-o~cading the district (from B-1 to B),given the transitional context of the area? 10. Buildin~ reouirements. ~ill the orooosed building conform exactly to the set back requirements on all four sides? Will 25~ of the area be l~dscaDed? %~e urge you to consider these points in preserving the bj;~hest standards of the To~ of Southold in the interest of the public health, safety and welfare, which is a defensible public purDose. R,~oectfull~ Barbara Alber~son, for the Concerned Citizens Group Southold, fiew York March 30, 1982 Mr. j. y. mhompson, President The Southland Corporation 2828 Haskell Ave. Dallas, Texas ?5204 Dear ~r. Thompson, We have recently learned that The Southland Corporation is negotiating the purchase of a parcel of land in the town of Southold, LonF Island, New York, with the intention of locat- ing a ?-Eleven outlet there on a franchise basis. ~The Drooosed location ~ situat~ed among old~__bistoric homes__ a~d a s~ries ~f Colgn~%l~l~x--~&~S~ctures, which ~iv~e~ this sectf~n~_~f ~%-0~_~.~ a__~_cious, quiet, .~n. duu~ra~ char~. The additY~o~6-fa--~i~le'~en store tn t, hi s area of our tqwn ~s cer- At the ~arch 22 meeting of the Town Planning Board, a number of local residents protested the olacinM of another 7-Eleven store in Southold Township. There-are already'two 7-Eleven stores three to four miles away, one in Cutchogue and another in Greenport. Both these stores are controversal and pose a number of problems for the police. The majority of residents in $outhold are retired senior citizens and school enrollment has declined in recent years. A petition signed by several hundred Southold Township residents expressed disapproval for your type of store. (See attached copy of newspaper clioping covering this meeting). From a business standpoint, it seems highly improbable that a store in this location would generate enough sales to stay in business very long without community support. For eight or nine months of the year the oooulation decreases almost three- fold. Off-season traffic is very light, requiring your two existing stores to share their sales with the new store during this period. In addition, the history of chain stores in Southold Townshio has been rather unsuccessful in recent years and some have closed. ~e are bringin~these facts to your attention in the hope that you will reconsider placing a store on the corner of ~ain Road and Locust I ane. ~e suggest Zhat you would no doubt receive a much higher return per dollar of sales and per dollar invested elsewhere. Very truly yours/~ Albert H. S~one { rot the Concerned Citizens Group) Town Harbor Lane Southold, New York 11971 Julie Sanford Locust Lane Southold, NY 11971 Southold T.Board/Code Comm. Southold Town Hall Main Road Southold NY, 11971 Re: Public Hearing on Local Law to Revise Business Uses, HB District, Sec. 100-91B, Gasoline Service Stations & GB District, Sec. 100~101A, Auto Repair Shops To Southold Town Board & Code Committee, January 26, 1998 Contrary to recommendations to "liberalize" and "give latitude" to the business uses in our Hamlet Business District, I as a Locust Lane resident can tell you this is not a good idea. From first-hand experience, I know that the presence of a 24-hour convenience store and a use-intensive car dealership is reason enough to keep a tight rein on our Hamlet codes. These "liberal" uses in the Hamlet, near residences have already had serious ramifications. People should not be so quick to recommend "vibrancy" and "latitude" in places where they themselves don't have to live. We should all ask ourselves, 'Could I live happily next to this? Could I look at this on a daily basis? Does it adversely affect property values? Could I sleep at night and past 6:30 in the morning?" To make a decision without these considerations would be unconscionable. As we all know, there are pockets of General Business along our Hamlet Stretch. Southold's 7-Eleven was once a gas station. Mullen Motors was once a gas station too. So you see, inviting unregulated General Business into our Hamlet can lead to future problems, like the 7-Eleven and the Mullen Motors car dealership we live with today. For this reason, we should not loosen our codes, but rather tighten them. A new proposal is to allow Auto Repair Shops in General Business as a Permitted Use. Are we forgetting the use-intensive elements of automobile repair? I think an historic town such as Southold should care about the negative aspects of automotive operations. It should remain Special Exception, subject to Z.B.A. review as well as site plan review. It should never become a permitted use without Board review. Please take all of these things into account when you draw up the codes and give special consideration to the residents in this community. Sincerely, Julie Sanford cc: Ben Orlowski, Planning Board Valerie Scopaz, Town Planner Gerard Goehringer, ZBA Ed Forrester, Code Enforcement Southold Town Hall Southold Town Board Main Road Southold, N.Y. 11971 Jean A. Sanford Locust Lane Southold, N.Y. 11971 Re: Public Hearing on A Local Law to Revise 13usiness Uses, H13 District, Sec. 100-9lB, Gasoline Service Stations & GB District, Sec. 100~IOlA, Auto Repair Shops. To Southold Town Board, January 26. 1998 It has been said that the Eastern End of Long Island is one of the 10 most desirable places in the world to live. That makes it an awesome responsibility and top priority of our Town Officials to preserve this unique environment. We are not just anywhere U.S.A. We ask The Board to please not loosen any codes that protect the hamlet atmosphere, especially those regulating Gasoline Stations/Convenience stores and Auto Repair Shops. Automotive Repair and Gasoline Stations do not mix happily with Hamlet Business and Residential properties. Their location needs to be carefully monitored for the sake of the community. Noise, fumes, traffic flow and congestion, bright and late-night lighting, test driving destroy the integrity of a hamlet. These businesses, by their very nature, will always belong on the outskirts of town . . . not in the heart of the Hamlet and certainly not near Residential properties. We ask the Board that Auto Repair Shops be kept Special Exception-- subject to ZBA reviews- and not made a permitted use in General Business. The concern here is that Automotive Repair will continue to creep into Business-zoned pockets of the Hamlet near Residential Neighborhoods and create land-use disturbances. With regard to Automotive Repair, we have a major conflict in our Hamlet already. To avoid future destruction and disturbance, there must be strict controls over a~that is use-intensive. Any powers of review the Board holds, must not be relinquished. Gasoline Service Stations and Automotive Repair Shops should only be allowed in the General Business Use District, Section 100-10113 under Special Exception. Preserving the farm land is no more important than preserving our charming, welcoming, familiar Hamlet Districts. We do not only experience our town by looking at pretty vistas through car windows. We experience our town in our hamlets with its' historic landmark architecture. It is here, in our Hamlets, where we work and shop and interact with each other that we truly experience our town. When you drive up the island you will notice that the farms are all gone, but what has endured are the beautiful, old, historic hamlets . . . protected . . . and . . . preserved, Village greens, towering trees, shaded roads, early houses, shops, churches and graveyards are still there, undisturbed. The heavy use-intensive businesses are no where in sight. They are "somewhere else".., not mixed in the hamlet. A town must not destroy its' historic hamlets with inappropriate, use-intensive businesses. If there is going to he a traffic corridor on Route 48, titan Route 48 is the more logical place for these Automotive facilities and Convenience stores...not the hamlets. People passing through from the ferry would be better accommodated up there and it would also deter truck traffic away from our pedestrian-oriented Hamlet Districts. We have already lost too much. It is time to tighten our codes, not loosen them at the expense of our equally precious Hamlets. As you examine the codes of our town, please do not use the Hamlet as an alternative location for these use-intensive General Businesses Thank you for your consideration in this matter. Sincerely, Jean A. Sanford cc: Ben Orlowski--Ptannlng Board Valerie Scopaz--Town Planner Gerard Goehringer--ZBA Ed Forrester--Code Enforcement Southold T. Board/Code Comm. Southold Town Hall Main Road, Southold, NY 11971 Re: Public Hearing on A Local Law to Revise Business Uses, HB District, Section 100-91 B, Gasoline Service Stations & G B District, Section 100-101A Automotive Repair Shops. To Southold Town Board & Code Committee: January 27, 1998 We do not think the proposed changes to the Hamlet Business District for Gasoline Service Stations, Section 100-91B are a good idea. Our concerns lie not only in how this amendment will affect the look of our Hamlets, but what the heavy uses and accessory uses that are allowed to accompany Gasoline Service Stations will do fo our centers and neighborhoods. Convenience stores are a particular menace and are fast becoming synonymous with gas stations. In a December 4th article, (Wonton's Gone, Big Gulp's On the Way?, Traveler/Watchman) Planning Board members made the following statement: "in the past ten years, the convenience store-gas station combination has proliferated to the point where it has become difficult to locate a gas station that doesn't double as a convenience store...In fact, it has become so common that a convenience store is now considered an accessory use to a gas station, and may no longer require special permission from the ZBA." We find this alarming. Have the review standards at ',"own Hall dropped so much in the past 10 years that Town Officials would seriously consider streamlining applications for convenience store-gas stations? Do we really need any more? And do we really want them in our Hamlet Centers, under Section 100-91B, with all the problems that they pose? Convenience stores do not enhance the character of our Town. They generate noise, garbage and nightly traffic. The goods they sell are above market price and directly compete with Mom and Pop grocery stores, dells, beverage stores and restaurants. Since most convenience stores are franchises, they have little allegiance to local economies like ours. Instead, they funnel profits to a centralized National Headquarters, so more convenience stores can come to town, compete with local merchants and squeeze them out of the market. This is precisely what's happening in Southold Town with 7-Eleven. In a January 9th 1998 letter of transmittal to Southold Town Planning Board members, the Notaro Grupp Architects & Associates group writes: "Enclosed, you will find site plans and exterior elevations for 7-Eleven #32347, in Mattituck on Main Road and Factory Avenue for architectural review and site plan review." if 7-Eleven comes lo Mattituck, that will make store #4 in the Town of Southold. Do we really need another convenience store? The answer is NO and certainly not a franchise establishment like 7-Eleven for all the reasons just explained. Our delis and beverage stores are trying to make a go and all the while 7-Eleven is thriving and expanding. A recent promotional campaign for Party Platters (please see enclosed) shows how 7-Eleven targets our local market and with financial backing from its Dallas, Texas Headquarters, takes a chunk out our local economy. Now we discover, 7-Eleven is teaming up with Citgo to open a brand new convenience store-gas station in Mattituck. The convenience store as an "accessory use" is just one reason why the Hamlet Business District should not be liberalized under Section 100-91B to include Gasoline Service Stations. Another good reason to prevent gas stations from setting up shop in our Hamlet Centers is the "accessory use" of auto repair. Auto repair is unattractive and use intensive. The heavy equipment needed to conduct auto repair--hydrolic lifts, pneumatic air guns, electrica~ grinders etc.-- are very noisy. So too are the post repair examinations. The revving and idling of car engines to monitor performance and.., the vehicle test drive. It should be noted that these last 3 tests are often done outdoors. As for the vehicle test drive, it is usually conducted on the nearest residential street. Such activities can truly be disruptive to quiet neighborhoods and pose traffic hazards to busy Hamlet Centers. While we are on the subject ot auto repair, we ask the Board to please keep Auto Repair Shops Special Exception. Anything as use-intensive, noisy and potentially unattractive as Auto Repair needs a stricter guideline, not just a site plan review. Site plans are not binding anyway. People violate them all the time and then bring the old plans in for amendment. So long as they adhere to the lowest standards of their zoning category, businesses have little to fear when they don't comply with the site plan. To ensure that use-intensive businesses like Automotive Repair Shops do not behave in this manner, we ask for ZBA review as well as site plan review. When all the elements of a Gasoline Service Station are considered--the "accessory uses", the lack of aesthetics, noise, gas emissions, test driving or simply the flammable products of gas and oil-- the Hamlet Business District is not an appropriate location for gasoline stations. A far better district for activities such as these would be the use district gas stations have traditionally conducted business in-- the General Business District (Section 100-101B)...away from Hamlet Centers. To illustrate this point further, we have compiled a list of all the gasoline stations in Southold Town. According to the NYNEX Yellow Pages and Yellow Book for the North Fork directories, there are 17 service stations (please see enclosed list). Of these 17 stations, 14 are located in appropriate districts, outside Hamlet Centers. The other 3--Cutchogue Metro (now called Coastal), Mr. Roberts and Southold Automotive are in our Hamlets only because of preexisting conditions. While we recognize them as the exception-"[6' the rule, we do not want the exceptions becoming the rule. In fact, the problems posed by these hamlet gas stations may give the Board reason enough to reject the Hamlet proposal and simply uphold our current code-- General Business, Sec. 100-101B. For example, in 1991, Cutchogue Metro (now Coastal) constructed a building canopy in the hamlet of Cutchogue without an approved site plan or building permit. Bad enough on the outskirts of town, but in the hamlet center! Rather than make Metro dismantle the structure, the Town imposed a fine and allowed Metro to back-file all the appropriate papers that would {egitimize the canopy. Now we are stuck with an ugly, out of proportion, interior lit canopy in the middle of our Cutchogue hamlet. A very poor addition to our scenic center and a very poor precedent {o set for the Town. Since that time, a Mattituck gas station has followed suit building a similar canopy on Rt. 25 and a Laurel gas station has just applied to the ZBA asking permission to build the same unsightly structure. Mr. Roberts in Greenport poses a big problem too. Because it is located in the Hamlet Center and close to Residential Neighborhoods, this convenience store-gas station has become a teenage/youth hangout. Even on the coldest, darkest night you can see kids loitering in the parking lot and on the corner of 3rd Street. Rowdy gangs call out to passing cars, garbage and bottles are tossed on the street and drug activity is conducted by those milling about pretending to make phone calls. Mr. Roberts is an eyesore with no landscaping, ugly macadam and harsh bright lighting. Whether you are driving through town or just coming off the Shelter Island Ferry, it is the first thing that hits you as being out of keeping with the beautiful architecture and seaside atmosphere of Greenport. Southold Automotive has the same out of keeping feel when you drive through the center of town--especially at night. The lights that illuminate the pumps are so bright they hurt your eyes. Instead of attracting cars, the lights and bright orange signs actually make you look away. The modernization of this facility has ruined the country character of what was once an old time gas station. The internally lit signs and bright flood lights are totally unnecessary, especially Jn the hamlet. Shrill lighting and sleek modernization does as much to destroy the feel or our quiet rural setting as automotive repair and late night convenience stores. We do not need to encourage anymore Gasoline Service Stations in our Hamlet Centers next to residential property, community parks, historic points of interest, day care centers, churches, schools, libraries-all the things that distinguish our pedestrian centers. If anything, in the future, we will need more gas stations in the General Business District along Rt. 48 to service all the ferry traffic streaming along that corridor. The convenience store-gas station and auto repair-gas station would be perfect for travellers and truckers. Not every vehicle needs to swing into our hamlet center for coffee and gas-especially the oversized tractor-trailer-trucks. Let's keep them up on 48 and keep Rt. 25 congestion free. At the moment, there is only one gas station on Rt. 48 between Orient and Riverhead that offers gas-it's located in Peconic on the south side of the road. Somewhere along that stretch, there should be a gas station located on the north side! Again, please consider the integrity of our Hamlet Centers and Residential Neighborhoods and do not revise the zoning codes to allow Gasoline Service Stations in our Hamlet Business District under Section 100-91B. The General Business District with Special Exception is the more appropriate location for Gasoline Stations and Auto Repair Shops. For the general welfare of Southo~d Town, we ask the Town Board, Planning Board and Zoning Board of Appeals to uphold the General Business Use District, Section 100-101B as the only use district and section for Gasloine Service Stations and Automotive Repair Shops. Sen Orlowski--P~ ~--IP, Sorard Soohrin~or--~E¢ Forrostor--Co~ Southold Town Service Stations List compiled from the NYNEX Yellow Pages 1997-98 & Yellow Book for the North Fork 1996-97 AMAC Inc. 7400 Main Road, Laurel Amerada Hess Corp. 11100 Rt. 25, Mattituck Metro (renamed Coastal) Main Road, Cutchogue Cutchogue Cutchogue Service Station Main Road, Cutchogue Dinizio Service Center Inc. Rt 48 & Wickham Ave., Mattituck East End Petroleum Corp. Factory Ave. & Main Road, Mattituck Eli-Jay Mobile of Peconic 32400 Middle Rd, Peconic Empire Service Station 1100 Rt. 25 Greenport Carpluk's Service Center Inc. Main Rd & Bayview Rd, Southold Lou's Service Station Sound Ave & Pacific St, Mattituck Mr. Roberts 300 Front Street, Greenport Nassau Point Service Station Main Street, Cutchogue )j(Southold Automotive Corp. Main Road & Youngs Ave., Southold Ocean Service Mini Mart Main Road, Cutchogue Spano's Greenport Service Station 1100 Main Street, Greenport Wheeler's Garage North Road Rt. 48, Southold Willow Hill Automotive 45845 Rt. 48, Southold REa~IVED FEB 1 8 1998 Smlll~d Town ~ FEB-03 98 FROM:ECC NURSIN6 RE::BVED 718-368-4867 T0:5i6 765 i883 Febmary3,1998 .Ms., Elizabeth Neville, Town Clerk $6uthold Town Hall :Shuthold, New York 11971 ']~e. ar tVL~. Neville, ~i I am writing to state my obje~ion to the Citgo request for a u~e ~ are~ variance on }Cain .~ad, Soathold. I am an argo reaidont residing in the hamlet of Southold. I wish my objection to b~a formaJ part of the public heating on Revising Business Uses and Zoning for such. ! believe tl~:proposcd revision and vanaaco request by C~tgo would be d~sruptive and damaging to the 'li'e~ith and welfare of all reddents. It nmy well rosult in a loss of property valuo~, and would d~tely inc. reasc noise, pollution, and J~fety of area residents. The existing Southold Town Code ~llows neighbors the opportunity to be heard when existing businesses nook to obtain a vnfiance in terms of use. A~ you are aware, ail of the neighbors on Mechanic Street and IViech~nic Street East have voiced similar objections ns mine. Pleaae take the~e ~.rious issues into a~c0unt in your deliberations. Yours truly, :Mechnnic Street East Uthold, N~w York 11971 ATTORNEY AFFIRMATION DRAFT LOCAL I~%W TO REVISE BUSINESS USES CODE COMMITTEE OF THE TOWN OF SOUTHOLD January 28, 1998 TO THE CODE COMMITTEE OF THE SOUTHOLD, HON. WILLIAM MOORE, CHAIRMAN, AND THE TOWN BOARD OF THE TOWN OF SOUTHOLD: I, ADAM B. GROSSMAN, ESQ. HEREBY AFFIRM THE FOLLOWING UNDER PENALTY OF PERJURY: 1. I am an attorney duly admitted to practice law in the State of New York, having an office at 120 Court Street, Riverhead, New York. 2. I, along with CAROLYN A. ZENK, ESQ., am the attorney for several residents of the Town of Southold including Melanie and Julie Sanford and many others who are part of an group of concerned residents who call themselves STOP WATCH. 3. I submit this attorney affirmation, which has the same force and effect as an affidavit, in opposition to the Draft Local Law to Revise Business Uses within the Town of Southold. 4. My clients retained myself and Ms. Zenk in September, 1997, to represent them in connection with their opposition to the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen for a zone change. 5. I am now submitting this affirmation because my clients have brought to my attention the Draft Local Law to Revise Business Uses in the Town of Southold, and it is my belief that if this Draft Local Law is adopted as proposed, it will have a detrimental effect on my clients and many residents of the Town of Southold. 6. I respectfully bring to this Committee's attention Section 5 of the Draft Local Law to Revise Business Uses. Under Section 5 of the Draft Local Law (Use regulations) Hamlet Business District (HB) is hereby amended as follows: (B) Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval bv the Planninq Board. (13) Parking Lot (15) Terminal/Bus or Truck 7. My understanding of this provision as applied to the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen for a zone change in order to build a parking lot to expand their existing car dealership is that the Mullens could obtain the relief currently requested by a zone change instead by special exception by the Southold Town Board of Appeals as a specifically permitted special exception subject to site plan approval by the Planning Board. 8. My review of the Draft Local Law to Revise Business Uses leads me to conclude that, if adopted, the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen for a zone change, could be summarily withdrawn by the applicants. After withdrawing said application, Richard F. Mullen III and William H. Mullen could, as the owners of real property designated in part "Hamlet Business Zone", request a special exception permit from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board to expand their existing car dealership by adding parking lots and/or a bus/truck terminal at the premises where it is desigated Hamlet Business Zone, such as at the current site of Colonial Corners. 9. Southold Town, not unlike many other Towns on Long Island, has had difficulty with areas zoned "Business Uses" which are directly adjacent to areas zoned "Residential'~. As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses, along with the traffic congestion, noise, and late night activities which often cause disruptions on a daily basis. These residents also on occasion suffer a loss of property values, and in some cases their location makes it nearly impossible for them to sell their residential homes due to the neighboring businesses. This is most certainly the case with many members of STOP WATCH who have had to persevere as Mullen Motors has obtained permission for expansion upon expansion of their existing car dealership which is directly adjacent to a residential community. 10. Southold Town, in dealing with Zoning issues, adopted a Zoning Code which tries to deal with these issues by allowing neighboring property owners to have a say whenever an adjacent business seeks to obtain a variance or zone change to alter or expand their existing business use. The existing Southold Town Code allows neighbors the opportunity to be heard when existing businesses seek to expand in a way that requires board approvals. 11. Relaxation for certain Business Uses in the Southold Town Code would not just affect the Mullen application. Owners of properties zoned Hamlet Business or General Business would no longer have to obtain a variance or zone change to commence or expand a long list of business uses under the revised Code even if expansion of their business uses could have a detrimental effect on neighboring residential property owners, on traffic flow, and even if said use would in fact undermine the rural character of a particular community. 12. In the Summary of the Long EAF for the Proposed Ordinance, it states: "...The primary changes to the Code involve a reduction in the number of uses within the limited business zoning district, and an increase in the number of uses permitted outright within the Hamlet Business zoning district. The net effect of these changes on the Town should be beneficial, and include improved traffic flow and protection of the special character of the town .... " 13. In fact, in many instances the result of adoption of the Draft Local Law to Revise Business Uses would, in my opinion, do just the opposite of what is intended as specified in the Summary of the Long EAF. While language is used to describe this Draft Local Law such as "streamlining the application process" (See Section 2.0 of the Long EAF), in effect what this change would do is relax business uses within Southold Town to the detriment of the rural character of Southold, increase traffic congestion in many instances, and stifle concerned residents such as my clients from having an opportunity to express their concerns over such Business Uses, particularly when said uses are adjacent to residential communities. Further, if a particular business use is specifically permitted under the revised zoning code, any board receiving such an application would be hard pressed to deny the application even if it would have a detrimental impact upon the rural character of a particular community. 14. My concern about the negative impact this Draft Local Law to Revise Business Uses is in no way limited to my clients. If adopted, this Draft Local Law has the potential to undermine the intent of the Town Code throughout Southold Town by adding a huge list of Business Uses adjacent to residential communities, thereby creating traffic hazards and endangering pedestrians, and in effect undermining the careful planning of Southold Town by eliminating careful review of applications which pose significant environmental impacts on their surrounding neighbors and communities. 15. It is always important to have clarity in Zoning Codes. Therefore, I applaud attempts by Southold Town to clarify and improve the Southold Town Zoning Code. If in fact I believed that were the result of adoption of this Draft law, I would recommend it's adoption. But I believe this Draft Local Law goes much too far in relaxing Business Uses, and contradicts the intention of the Southold Town Zoning Code. Southold Town should encourage harmony between businesses and neighboring residents, not foster a process to allow expansion of businesses at residents. 16. I hope this committee will long term impact of this Draft local the expense of neighboring seriously consider that the law in many instances may be to threaten, not preserve, the rural character of the Town of Southold, and will in fact undermine the existing Code provisions which allow Southold Town to carefully consider the many impacts of proposed expansions of Business Uses throughout Southold Town. The existing system allows government to carefully consider these applications. 17. I therefore strongly urge this committee to reject this Draft Local Law for the reasons outlined above. Dated: Riverhead, New York January 28, 1998 ~DAM B. GROSSF~N, ESQ. Attorney for STOP WATCH, Melanie and Julie Sanford P.O. Box 155 120 Court Street Riverhead, NY 11901 (516) 727-4200 JAN 2 9 1990 DP~T ~OCAT. LJ~_N 'TO REVTSE BUST~ESS USES CODE COMMITTEE OF THE TOWN OF SOUTHOLD ATTORNEY AFFIP~MATION January 28, 1998 TO THE CODE COMMITTEE OF THE SOUTHOLD, HON. WILLIAM MOORE, CHAIRMAN, AND THE TOWN BOARD OF THE TOWN OF SOUTHOLD: I, ADAM B. GROSSMAN, ESQ. HEREBY AFFIRM THE FOLLOWING UNDER PENALTY OF PERJURY: 1. I am an attorney duly admitted to practice law in the State of New York, having an office at 120 Court Street, Riverhead, New York. 2. I, along with CAROLYN A. ZEN/q, ESQ., am the attorney for several residents of the Town of Southold including Melanie and Julie Sanford and many others who are part of an group of concerned residents who call themselves STOP WATCH. 3. I submit this attorney affirmation, which has the same force and effect as an affidavit, in opposition to the Draft Local Law to Revise Business Uses within the Town of Southold. 4. My clients retained myself and Ms. Zenk in September, 1997, to represent them in connection with their opposition to the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen for a zone change. 5. I am now submitting this affirmation because my clients have brought to my attention the Draft Local Law to Revise Business Uses in the Town of Southold, and it is my belief that if this Draft Local Law is adopted as proposed, it will have a detrimental effect on my clients and many residents of the Town of Southold. 6. I respectfully bring to this Committee's attention Section 5 of the Draft Local Law to Revise Business Uses. Under Section 5 of the Draft Local Law (Use regulations) Hamlet Business District (HB) is hereby amended as follows: (B) Uses permitted bv special exception by the Board of ADDeals. The followinq uses are permitted as a special exceDtion bv the Board of ADDeals as hereinafter provided, subject to site Dlan approval by the Planninq Board. (13) Parking Lot (15) Terminal/Bus or Truck 7. My understanding of this provision as applied to the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen for a zone change in order to build a parking lot to expand their existing car dealership is that the Mullens could obtain the relief currently requested by a zone change instead by special exception by the Southold Town Board of Appeals as a specifically permitted special exception subject to site plan approval by the Planning Board. 8. My review of the Draft Local Law to Revise Business Uses leads me to conclude that, if adopted, the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen for a zone change, could be summarily withdrawn by the applicants. After withdrawing said application, Richard F. Mullen III and William H. Mullen could, as the owners of real property designated in part "Hamlet Business Zone", request a special exception permit from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board to expand their existing car dealership by adding parking lots and/or a bus/truck terminal at the premises where it is desigated Hamlet Business Zone, such as at the current site of Colonial Corners. 9. Southold Town, not unlike many other Towns on Long Island, has had difficulty with areas zoned "Business Uses" which are directly adjacent to areas zoned "Residential". As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses, along with the traffic congestion, noise, and late night activities which often cause disruptions on a daily basis. These residents also on occasion suffer a loss of property values~ and in some cases their location makes it nearly impossible for them to sell their residential homes due to the neighboring businesses. This is most certainly the case with many members of STOP WATCH who have had to persevere as Mullen Motors has obtained permission for expansion upon expansion of their existing car dealership which is directly adjacent to a residential community. 10. Southold Town, Zoning Code which tries neighboring property owners business seeks to obtain a in dealing with Zoning issues, adopted a to deal with these issues by allowing to have a say whenever an adjacent variance or zone change to alter or expand their existing business use. The existing Southold Town Code allows neighbors the opportunity to be heard when existing businesses seek to expand in a way that requires board approvals. 11. Relaxation for certain Business Uses in the Southold Town Code would not just affect the Mullen application. Owners of properties zoned Hamlet Business or General Business would no longer have to obtain a variance or zone change to commence or expand a long list of business uses under the revised Code even if expansion of their business uses could have a detrimental effect on neighboring residential property owners, on traffic flow, and even if said use would in fact undermine the rural character of a particular community. 12. In the Summary of the Long EAF for the Proposed Ordinance, it states: "...The primary changes to the Code involve a reduction in the number of uses within the limited business zoning district, and an increase in the number of uses permitted outright within the Hamlet Business zoning district. The net effect of these changes on the Town should be beneficial, and include improved traffic flow and protection of the special character of the town .... " 13. In fact, in many instances the result of adoption of the Draft Local Law to Revise Business Uses would, in my opinion, do just the opposite of what is intended as specified in the Summary of the Long EAF. While language is used to describe this Draft Local Law such as "streamlining the application process" (See Section 2.0 of the Long EAF), in effect what this change would do is relax business uses within Southold Town to the detriment of the rural character of Southold, increase traffic congestion in many instances, and stifle concerned residents such as my clients from having an opportunity to express their concerns over such Business Uses, particularly when said uses are adjacent to residential communities. Further, if a particular business use is specifically permitted under the revised zoning code, any board receiving such an application would be hard pressed to deny the application even if it would have a detrimental impact upon the rural character of a particular community. 14. My concern about the negative impact this Draft Local Law to Revise Business Uses is in no way limited to my clients. If adopted, this Draft Local Law has the potential to undermine the intent of the Town Code throughout Southold Town by adding a huge list of Business Uses adjacent to residential communities, thereby creating traffic hazards and endangering pedestrians, and in effect undermining the careful planning of Southold Town by eliminating careful review of applications which pose significant environmental impacts on their surrounding neighbors and communities. 15. It is always important to have clarity in Zoning Codes. Therefore, I applaud attempts by Southold Town to clarify and improve the Southold Town Zoning Code. If in fact I believed that were the result of adoption of this Draft law, I would recommend it's adoption. But I believe this Draft Local Law goes much too far in relaxing Business Uses, and contradicts the intention of the Southold Town Zoning Code. Southold Town should encourage harmony between businesses and neighboring residents, not foster a process to allow expansion of residents. 16. I hope this businesses at the expense of neighboring committee will seriously consider that the long term impact of this Draft local law in many instances may be to threaten, not preserve, the rural character of the Town of Southold, and will in fact undermine the existing Code provisions which allow Southold Town to carefully consider the many impacts of proposed expansions of Business Uses throughout Southold Town. The existing system allows government to carefully consider these applications. 17. I therefore strongly urge this committee to reject this Draft Local Law for the reasons outlined above. Dated: Riverhead, New York January 28, 1998 AM B. GROSSMAN, ESQ. Attorney for STOP WATCH, Melanie and Julie Sanford P.O. Box 155 120 Court Street Riverhead, NY 11901 (516) 727-4200 JAN 2 January ~, 1995 Southold Town Board Southold Town Hall PO Box ~179 Southold, NY ~971 Re: Proposed Local Law to Revise Hamlet Business for Gasoline Service Station Use Dear Southold Town Board, We are not in support of the proposed changes to the Hamlet Business Zone, Section I00-91B with regard to gasoline service stations. As homeowners on Mechanic Street, we are opposed to this zoning code amendment as well as the Southold Automotive Corp. (Citgo) application to expand their facility. Their application to expand was denied last year by the zoning Board of Appeals for the following reasons: "...under Article XXIV, Section 100-243A , a nonconforming building with a nonconforming use shall not be enlarged, reconstructed or structurally altered unless the use of the building is changed to a conforming use. The preexisting building is located in the Hamlet Business District and is not a permitted use in this district. The side and rear yard setbacks do not conform to the required 10 ft. side and 25 ft. rear yard..." with all these nonconformities, we do not think Citgo should be granted a variance. The Town Board should uphold the original taw outlined in Section ~00-~01R which allows for gas stations only in general business zones under special exception. Amending our local law to permit gasoline service stations in Hamlet Business (Section 100-91B) would be a mistake. We are very concerned about the look of Main Street and the intrusion of Citgo into our neighborhood. Everyday, we hear noise from automotive repair. The lighting at night is very harsh and there's more of it, since the change from "Mobil." to "Citgo". Workers use Mechanic St. and Mechanic St. East to test out their cars and the property behind the shop is strewn with old cars, garbage receptacles and tow trucks. All these activities, discarded cars and equipment are too close to our homes already. There exists no buffer zone and our property values are being adversely affected. Afteralt, this is the Hamlet/Residential zone. There are very few gas stations that enjoy the "plum" location enjoyed by Southold Citgo. The advantage Citgo has over all gas stations is location-- in the middle of our picturesque town! We would not like to see this sort of thing "springing up" all over Southold Town. Gas stations serve a function, but they do nothing to make our town beautiful and can be very bothersome to the neighborhoods they are next to. With the introduction of Multiple/row/town/attached/ dwellings to our hamlet business district, we see how gas stations--if allowed under Section ?00-91B--may conflict with the interests of yet more residents. We should not be encouraging more gas stations in our historic centers or promoting nonconforming expansions with inadequate setbacks. With regard to gasoline service stations, please do not amend our local law to include Hamlet Business Use District Section 100-91B. We ask the Town Board--for the sake of town residents and the beauty of our hamlets--to only uphold General Business Use District, Section 100-10lB, the ~riginal law. Yours truly, Plannin~ Board--Chairman Zoning Board of Appeals--Chairman Gerard Goehringer ~}~ January 24, ~uthold To~ Board tou;thold Town Hall ~C i~!o~ 1179 Southold, N.Y. 1197! Proposed local law to revise hamlet business for gasolineservice station use. Dear Southold Town Board: We are not in support of the proposed changes to ~e Hamlet Business Zone, Section 100-9lB with regard to gasoline service stations. It has come to our attention that Southold Automotive,on the corner of You~gs Avenue and Main Road,has applied for a zoning variance to expand their station. We are homeowners on the north side of Mechanics St. East. Our property is adjacent to the Clothes Pub p~ing lot where SouthQld Automotive, in the past, has parked their tow truck and wrecked vehicles. These vehicles have remained there for extended periods of time. Periodically, we have had to ask them to move these vehicles because there were so many of them that they were pushing into our hedge and therefore, onto our property. If they are allowed to. expand, will there be even less parking avail- able on their ovm property and so they will infringe even more on the Clothes Pub parking lot? Will there be increased harsh lighting, noise and fumes as well? We are very concerned about the intrusion of the gasoline station activi- ties and associated vehicles into our neighborhood. There is no bu£fer zone between the Hamlet/Business Zoue and the Residential Zone, We ask~ the Town Board, for the sake of the quality of life in our neighborhood~$o not amend or revise our local law with regard to gaso- lin st tions. Yours Truly,~~ Mr.&Mrs. George C. Hoff~ger ~ 8~ Mechanics St. E. Southold, N.Y. 11971 cc:Town Plarnaer .... Valerie Scopaz Planning Board ..... Bennett Orlowski Building Inspector/Code ..... Edward Forrester January 22, 1998, pages 2 Ms. Elizabeth Neville, Town Clerk Southold Town Hall Southold, New York 11971 Dear Ms. Neville, Enclosed, please find a copy of a letter I sent to the Zoning Board of Appeals in opposition to the Southold Citgo request for a zoning variance. I understand there is a public hearing to revise local business uses and that section 100-91B of our Hamlet Business District might be altered to favor gasoline stations. I believe our zoning code should remain the way it is. Gas stations should only be allowed in our General Business District under Section 100-101B, the way it has always been. At this time, please forward my concerns to the Southold Town Board, Planning Board and kindly make my letter part of the permanent record. Very truly yours, Lynne Richards 185 Mechanic St. E. Southold, NY 11971 c.c.: Southold Town Board Ben Orlowski, Planning Board November 12, 1997 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town HaH Southold, New York 11971 Dear Mr. Goehringer: It has come to my attention that the Citgo garage on the corner of Youngs Avenue and Main Road has applied for a zoning variance to expand southward. I live on the northern side of Mechanic St. E. and my property line backs up to a parking lot that continually contains cars belonging to this garage all year long. There have been abandoned old cars, trucks, tow vehicles, dumpsters, etc. occupying this space all the time. I have been a quiet neighbor for over eleven years. I am writing to you today to voice my deep concerns over any future expansion that would be considered. In my opinion this would be a non conforming building with a non conforming use. I object to this and any harsh lighting, more noise, and gas exhaust fumes that would be detrimental to the quality of life of our neighborhood. There is no buffer zone. I do not fee! that this is fair. Our property values are being adversely affected. Very truly~vours, Lynne Richards 185 Mechanic St. E. Southold, NY 11971 NYT-~RTS & LEISURE January 23, 1998 Fax:765-1823 2 pages Ms. Elizabeth Neville, Town Clerk Southold Town Hall Southold, New York Dear Ms. Neville, Enclosed, please find a letter objecting to the Citgo request for a use and area variance near my neighborhood and in Southold's hamlet. With regard to the public hearing on Revising Business Uses, I wish to formally voice my objection to altowing gasoline stations with auto repair to be permitted in our Hamlet Business district, Section 100-91B. Please keep the codes as they are now. Gasoline service stations should only be allowed in General Business districts as stated under Section 100-101B. Please forward my concerns to the Southold Town Board, Planning Board, Zoning Board o4 Appeals and make my letter part of the permanent Hearing record. Yours..tc-uty, Olive l~vans 140 Mechanic St. Southold, N.Y. 11971 SL: GkqG QU: OLEVAN-CUL HJ: 004.53/0034 BY: OLEVAN;01/25,16:42 OP: OLEV~q;0!/25,17:50 NOTE: GAR3~GE LETTER FM FG: xcu OLEVAN ;01/25,16:42 PRINTED: 17:55 25-JAN-95 $outhold Town Board Main Street Southotd, N.Y. 11971 Jan. 25, 1998 1% is disturbing even to consider the possibility that the Hamlet/ Residential zoning area in which my house is located may be changed to accommodate the Citgo garage interests. You know the prac[ical reasons for the objections of myself and others concerned: Adverse effect on property values; noise; air quality; use of quiet neighborhood s%reets on which small children live to test drive the cars, otc. But there is a larger issue involved, knd ~hat is sprawl. Every expansion, every new structure means incremental change in the ambiance of the North Fork as a whole. ! know this. You know this. ~d all the people who love The North Fork know this. Sometimes there is something known as the greater good, which transcends personal or business interests. Thank you for your consideration of my appeal to keep the ~oning code as it is now. Sincerely, Olive Evans 140 East Mechanic Street Southold, N.Y. 11971 (END) Southold Town Board Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Proposed Local Law to Revise Hamlet Business for Gasoline Service Station Use ~ Dear Southold Town Board, We are not in support of the proposed changes to the Hamlet Business Zone, Section ~00-91B with regard to gasoline service stations. As homeowners on Mechanic Street, we are opposed to this zoning code amendment as well as the Southold Automotive Corp. (Citgo) application to expand their facility. Their application to expand was denied last year by the Zoning Board of Appeals for the following reasons: ...under Article XXIV, Section 100-243A , a nonconforming building with a nonconforming use shall not be enlarged, reconstructed or structurally altered unless the use of the building is changed to a conforming use. The preexisting building is located in the Hamlet Business District and is not a permitted use in this district. The side and rear yard setbacks do not conform to the required 10 ft. side and 25 ft. rear yard..." with all these nonconformities, we do not think Citgo should be granted a variance. The Town Board should uphold the original law outlined in Section 100-10~B which allows for gas stations only in general business zones under special exception. Amending our local law to permit gasoline service stations in Hamlet Business (Section 100-9~B) would be a mistake. We are very concerned about the look of Main Street and the intrusion of Citgo into our neighk~Drhood. Everyday, we hear noise from automotive repair. The lighting at night is very harsh and there's more of it, since the change from "Mobil." to "Citgo". Workers use Mechanic St. and Mechanic St. East to test out their cars and the property ~hind the shop is strewn with old cars, garbage receptacles and tow trucks. All these activities, discarded cars and equipment are too close to our homes already. There exists no buffer zone and our property values are being adversely affected. Afterall, this is the Hamlet/Residential zone. There are very few gas stations that enjoy the "plum" location enjoyed by Southold Citgo. The advantage Citgo has over all gas stations is location-- in the middle of our picturesque town! We would not like to see this sort of thing "springing up" all over Southold Town. Gas stations serve a function, but they do nothing to make our town beautiful and can be very bothersome to the neighborhoods they are next to. With the introduction of Multiple/row/town/attached/ dwellings to our hamlet business district, we see how gas stations--if allowed under Section 100-9~B--may conflict with the interests of yet more residents. We should not be encouraging more gas stations in our historic centers or promoting nonconforming expansions with inadsquate setbacks. With regard to gasoline service stations, please do not amend our local law to include Hamlet Business Use District Section 100-91B. We ask the Town Board--for the sake of town residents and the beauty of our hamlets--to only uphold General Business Use District, Section ~00-101B, the original law. Yours truly, ~ .,,,.,x,~ /q. ...6; ~o ,~ · ~ : . .: ,, Planning Board--Chairman Bennett Orlowski Building Inspector/Code--Edward Forrester Zoning Board of Appeals--Chairman Gerard Goehringer January 24, 17[~ ~outhold To%.~m Board Sou;thold Tov~ Hall PC ~o~ 1179 Southold, N.Y. 11971 Re: Proposed local law to revise hamlet business for gasolineservice station use. Dear Southold Town Board: We are not in support of the proposed changes to ~e Hamlet Business Zone, Section lO0-91B with regard to gasoline service stations. It has come to our attention that Southold Automotive,on the corner of You~gs Avenue and Hain Road,has applied for a zoning variance to expand their station. We are homeowners on the north side of Mechanics St. East. Our property is adjacent to the Clothes Pub pam~Eing lot where Southald Automotive, in the past, has parked their tow truck and wrecked vehicles. Dhese vehicles have remained there for extended periods of time. Periodically, we have had to ask them to move these vehicles because there were so many of them that they were pushing into our hedge and therefore, onto our property. If they are allowed to expand, will there be even less parking avail- able on their o~m property and so they will infringe even more on the Clothes Pub parking lot? Will there be increased harsh lighting, noise and fumes as well? ;?e are very concerned about the intrusion of_the gasoline station activi- ties ~_~ associated vehicles into our nel~-~?~qood. Ther~' '~ ~ l~' a~ ~-~ ~er ~ zone betv:een the Hamlet/Business ~o~-~ ~u~i the Residential Zone. ?.~e ask:~: the Town Board, for the sake of the quality of life in our neighborhood~ ~o not amend or revise our local law with regard to gaso- line stations. /~ ., ~ Yours Truly,~ ~ 85 ~.~echanics .~t. w .~outhold, N.Y. 11971 cc: To~,vn Planner .... Va!erie $copaz Planning Board ..... Bennett Orlowski Building Inspector/Code ..... Edward Forrester January 22, 1998, JAN 2 '~ Iown Cler~ 5uu[n01a pages 2 P.01 Ms, Elizabeth Neville, Town Clerk $outhold Town Hall Southold, New York 11971 Dear Ms. Neville, Enclosed, please find a copy of a letter I sent to the Zoning Board of Appeals in opposition to the Southold Citgo request for a zoning variance. I understand there is a public hearing to revise local business uses and that section 100-91B of our Hamlet Business District might be altered to favor gasoline stations. I believe our zoning code should remain the way it is. Gas stations should only be allowed in our General Business District under Section 100-101B, the way it has always been. At this time, please forward my concerns to the Southold Town Board, Planning Board and kindly make my letter part of the permanent record. Very truly yours, Lynne Richards 185 Mechanic St. E. Southold, NY 11971 c.c.: Southold Town Board Ben Orlowski, Planning Board November 12, 1997 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town HaH Southold; New York 11971 Dear Mr. Goehringer: It has come to my attention that the Citgo garage on the corner of Yonngs Avenue and Main Road has applied for a zoning variance to expand southward. I live on the northern side of Mechanic St. E. and my property line backs up to a parking lot that continually contoins cars belonging to this garage all year long. There have been abandoned old cars, trucks, tow vehicles, dumpsters, etc. occupying this space all the time. I have been a quiet neigh'bor for over eleven years. I am writing to you today to voice my deep concerns over any future expansion that would be considered. In my opinion this would be a non conforming building with a non conforming use. I object to this and any harsh lighting, more noise, and gas exhaust fumes that would be detrimental to the quality of life of our neighborhood. There is no buffer zone. I do not feel that this is fair. Our property values are being adversely ~ffected. 185 Mechanic St. E- Southold, NY 11971 TOTRL P.02 PLANNING BOARD M~MB~qS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G, WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 25, 1997 Judith T. Terry, Town Clerk Southold Town Hall Main Rd. Southold, NY 11971 5 199 Re: Proposec~ Local Law to Revise Business Uses Dear Mrs. Terry: On November 24th the Planning Board reviewed the above-noted legislation and voted to recommend its adoption by the Town Board. However, at the same time, we strongly recommend after this law is adopted that re-consideration be given to revising the format in which the proposed Local Law is written. To w/t, the references to other sections of the Zoning Code either should be eliminated and substituted with the actual text, or should be made more specific by referring to the applicable sub-sections, e.g....as set forth and restricted by Sec. 100-31 A. (1) or Sec. 100-31 C. (5) instead of just Sec. 100~31 A. The Board prefers the inclusion of the actual text over a reference in order to make the Zoning Code more "user-friendly" to the general public. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Odowski, Jr. Chairman i~C~:iVED DEC 1 6 199/ ~ To~,n Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUN%Y EXEOUtlVE December 15, 1997 Town Clerk Town of Southold Applicant: Zoning Action: Pubic Hearing Date: S.C.P.D. File No.: Town of Southold Amendments to Section 100-81, 9I & 101 of the Town Code. 12/23/97 SD-97-19 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Adminislxafive Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of l'lam}ing S/s (3erald (3. Ncwmm~ Chief Planner GGN:ce SOUTHOLD AUTOMOTIVE 54360 MAIN STREET SOUTHOLD, NEW YORK 11971 Supervisor Jean Cochran, and Southold Town Board Southold Town Hall Southold, New York 11971 Re: Public Hearing on Local Law to Revise Business Uses Honorable Jean Cochran and Town Board: We are in support of the proposed changes to the Hamlet Business Zoning Use District Section 100.91 ( B ) with regard to the Gasoline Service Station use. Our Gas station has been located on the Main Road since prior to Zoning, and was thereafter recognized in the former Business (B) zoning. When the Town modified the zoning districts this use was omitted fi.om the Hamlet Business district. This omission has caused my family great hardship because any modernization of my building requires a complicated and expensive use variance. The state and federal regulations are constantly changing, and most recently the New York State Inspection requirements, have put me out of the business of providing a service to my customers. If the Zoning Board does not approve my application, my business will be significantly affected and two generations of a family business will suffer. I am before the Zoning Board of Appeals, but this process can be simplified if you amend the Zoning Code to include the existing gas station in Hamlet Business zoning. Please consider cleaning up the zoning code with regard to Gas Stations. The zoning code has outlined certain conditions to the Gas Station use which are operating restrictions and are not appropriate conditions to zoning uses. The State and Federal regulations are constantly changing and already impose controls on the individual businesses. Please simplify the application process and encourage our reinvestment and improvement to our existing local business. SOUTHOLD AUTOMOTIVE 54360 MAIN STREET SOUTHOLD, NEW YORK 11971 Supervisor Jean Cochran, and Southold Town Board Southold Town Hall Southold, New York 11971 Re: Public Hearing on Local Law to Revise Business Uses Honorable Jean Cochran and Town Board: We are in support of the proposed changes to the Hamlet Business Zoning Use District Section 100.91 ( B ) with regard to the Gasoline Service Station use. Our Gas station has been located on the Main Road since prior to Zoning, and was thereafter recognized in the former Business (B) zoning. When the Town modified the zoning districts this use was omitted from the Hamlet Business district. This omission has caused my family great hardship because any modernization of my building requires a complicated and expensive use variance. The state and federal regulations are constantly changing, and most recently the New York State Inspection requirements, have put me out of the business of providing a service to my customers. If the Zoning Board does not approve my application, my business will be significantly affected and two generations of a family business will suffer. I am before the Zoning Board of Appeals, but this process can be simplified if you amend the Zoning Code to include the existing gas station in Hamlet Business zoning. Please consider cleaning up the zoning code with regard to Gas Stations. The zoning code has outlined certain conditions to the Gas Station use which are operating restrictions and are not appropriate conditions to zoning uses. The State and Federal regulations are constantly changing and already impose controls on the individual businesses. Please simplify the application process and encourage our reinvestment and improvement to our existing local business. 5~Edwln & D~on~ DEC 1 6 199t DEpAFTD4ENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK CO~5N'TY EXECUTIVE December 15, 1997 Town Clerk Town of Southold Applicant: Zoning Action: Pubic Hearing Date: S.C.P.D. File No.: Town of Southold Amendments to Section 100-81, 91 & 101 of the Town Code. 12/23/97 SD-97-19 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GON:cc APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Coll£ns George Horn~ng MEMO BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 f~h~d Tow. TO: Supervisor Jean Coch~an and Members of the Town Board FROM: Jerry Goehringer, Chairman, Zoning Board of Appeals DATE: December 12, 1997 RE; DI~ft Locsl Law Business Use Change,s* This memo is sent in order that the Town Boara Members may consider ZBA members' comments and possibly modify the areas noted before the local Paw is voted upon. Thank you. Attachment *Based on Town Attorney's 12/5 draft. Final Form as Per Discussions at ZBA Meeting 12/11/97 Section 100-81 LIMITED BUSINESS A. 2-a. B & B use should be listed under 100-81BA since the conditions outlined are customarily the function of a special exception permit (rather than a site plan review). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals as hereinafter provided, and except for two-family dwellings, bed and breakfasts and accessory apartments, are subject to site plan approval by the Planning Board. 100-81B-1: Add word 'Accessory' before "Apartment" for the reason there are two definitions in zoning code and Accessory Apartment has a different definition than Apartment. (Present code does not require site plan for Accessory Apartment Use in residential zone). Section 100-91 HAMLET BUSINESS A 2 (a). Apartments. Should be listed under 100-9lB, to be included in uses permitted by Special Exception since the conditions outlined are customarily the function of a special exception permit review rather than a site plan review. A-6. Listed as a permitted use: Remove underlined words: this special permit" and "The Board of Appeals." "for B. Added underlined words .... Uses permitted by special exception. The following uses are permitted as special exception by the Board of Appeals as hereinafter provided, and except for two-family dwellings, bed and breakfast, and accessory apartments, and apartments over retail stores, are subject to site plan approval by the Planning Board .... Section 100-101 - GENERAL BUSINESS B ZONE A 2 (a) and (g). Should be listed under 100-81B for special excep- tion review since the conditions outlined are customarily the func- tion of a special exception permit rather than a site plan review. B. Added underlined words. Uses permitted by special exception. The following uses are permitted as special exception by the Board of Appeals as hereinafter provided, and except for one-family dwelling, bed and breakfasts, accessory apartments, and apartments over retail stores, are subject to site plan approval by the Planning Board .... Remove B-12. Places of worship and religious institution. The latter is permitted at A-2-cc without special exception requirement. Remove B-13 or A-l-b. Schools and school district uses respectively. The latter is permitted at A-l-b without special exception. Add B-21. Accessory Apartments as per 100-31. (d) Restaurants, except drive in restaurants. (o) Personal service stores and shops, including barbcrshops, beauty parlors, professional studios and travel agencies. ~),~,,~.~o,%\t~, ~ Bed-and-breakfasi uses as set forth in and as reoulated by .~ ¢,~- ~o 100-31. (b) Repair shops for household, business or personal appliances, including cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops =nd motorcycle shops, landscaping and other service businesses. (c) Garden Materials, Wholesale or retail sale and accessory storacle and display materials and plants, includinCl nursery operations, provided that the outdoor storacle or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three f3) feet of the i~ropert,/line. (d/ Professional and business offices. Wineries which meet the followincl standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Lon(~ Island (:rapes is produced and sold. [21 WinerieS'shall have retail sales on site. Wholesale and warehousinQ. 2. Section 100-81.B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 aridlY're subject to site plan approval by the Planning Board: f ~ (1) Any special exception use as set forth in and regulated by § 100 31B of thc AgricuJtural Conservation District, except that wineries are not required to be in connection with a vineyard, and except bcd and breakfasts. (1 ftApartment, One (1) accessory, in an existin(~ one-family dwellina, subject to the restrictions in 5100-31. (2) Beach clubs, tennis clubs, country clubs, aolf clubs, public aolf courses and annual membership clubs catedna exclusively to members and their auests and accessory plaYarounds, beaches, swimmina pools, tennis courts, recreational buildinas and maintenance buildinas, subject to the restrictions in ¢1100-31. (3) Cemeteries where accessory to a place of worship only. ('4) Dwellina, two-family, not to exceed one ('1) such dwellinCl on each lot. (5) Historical socie~'. (6) Nursery schools. (7) Places of worship, includina parish houses (but exctudin(~ a rectory or Darsonaae. which shall conform to the re(iuirements for a one-family dwellin(~), subject to the restrictions in 6100-31. (8~ Private elementary or hi(Ih schools, colle(Ies and other educational institutions, subject to the restrictions in 5100-31. (9) Public utility riqhts-of-wav as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in 8100-31. Stables and ddin(i academies. (,11 ) Veterinarian's offices and animal hosl3itals, subiect to the restrictions in c~100-31. 3. Section 100-81. C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessor,/uses. The followin(I uses are permitted as accesson/ uses and, except for residential accessory uses and si(Ins, which are aoverned bv Article XX, are subiect to site plan review: (1) Any acccssory usc as sot forth in and regulated by §100 31C (1) through (8) and (10) of Agricultural Conservation District, and subjcct to thc conditions set forth in §100 33 thoroof. (31 There shall be no more than three (3) apartments created or maintained in any sin(~le buildinq. (4) Each apartment, or common hallway servicinq two (2) or three (3) apartments, shall have a separate access to the outside of the buildin.q, which must be distinct from the access to uses on the first floor. (5) 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. (6) Only the owner of the buildina in which it is proposed to locate the~Qartment(s) may a001~ff~'~this soecial permit~Th~. Board of~) ~___.~[als~hall reauire that su"ch applicant execut-~ such - aqreements, contracts, easements, covenants, deed restrictions or other legal instruments runnin.q in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to. ensure that: [al The apartment, or any proprietary or other interest therein, will net be sold to the tenant or any other pad. y, except as part of a sale of the entire building in which the apartment is located. [bi The apartment is made available for year-round rental. Ici The apartment is propedy constructed, maintained and used, and unapproved uses are excluded therefrom. Id] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helpinq to meet identified housinq needs in the community is complied with. lb) Art, antique and auction qalleries. (c) Auditoriums or meeting halls. rd) Bakeshoos ffor on-oremises retail sale). Banks and financial institutions. ffl Boardinohouses and toudst homes as set forth and re~3ulated by Section 100-61B of the Resort Residential fRR) District. (aa) Retail stores. (bb) Theaters or cinemas (other than outdoor). (cc) Workshoos, Artists' and craftsmen's. (dd~ Workshops, Custom. 5. Section 100-91.B (Use regulations) Hamlet Business (HB) Distdct is hereby amended as follows: * B. Uses 13ermitted bv special exception bv the Board of Ai2peals. The followinq uses are permitted as a special exception bv the .. Board of Appeals as hereinafter providedysubiect to site plan approva~ by the Plannincl Board: ,, ¢~,~z ~¢t -f, ,- (1) Any special exception uso set forth in and as regulated by §100 31B(3) to (6) and (13) and ('I 4) of the Agricultural CcnsePzation Distr!ct. (2) Nursery schools. (3) Philanthropic, eleemosynary or religious institution~, health care, continuing care and lifo facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the restrictions set forth in §100 ('1) Multiple dwellings and townhouscs. (1 } Accessory apartment (one) in an existina one-family dwellina as set forth in 5100-31. (2) Annual membership club. (3) Commercial Recreation facility. (4) Ddnkina establishments. (5) Funeral homes. f6~ Flea markets. (7) Garaqes. Public. as set forth in and as reclulated by 5100-101B. 7. Section 100-101.A General Business District (B) (Use regulations) is hereby amended as follows: A. Permitted uses. 1. Any pcrmittcd use set forth in and regulated by §100 31A(2) and (3) of tho Agricultural Conservation District. 2. Any permitted usc set forth in and rcgulatod by §100 91A(3) to (19) of the Hamlet Business District. ~(l~phe followinq are permitted uses without site plan approval by lanninc~ Board'.' fa) Aqricultural operations and accessory uses thereto uses as set forth in and as re(~ulated by ~100-31. ob)sBUildinqs. structures an, d uses owned or operated by the Town outholcl¢'~ool districts, pa~k districts and fire districts. J21 The followincl uses are permitted uses and are subject to site plan approval by the Planninq Board: Pa/Apartments over retail stores & offices as requlated under §100-91. fbi Art, antiaue and auction qalleries. Auditoriums or meetinq halls. Auto repair shop. (el Bakeshoes (for on-premises retail sale/. (f~ Banks and financial institutions. Bed-and-breakfast uses as set forth in and as requlated by 00-31B. (hi Boardin(~houses and tourist homes as set forth and requlated by 6100-61Bf5) of the Resort Residential fRR) District.. Business. professional and qovemmental offices. regulations) (aa) Nursery school. (bb) Personal service stores and shoos, includinc~ barbershops.beaub/parlors, professional studios and travel aaencies. ~s~ (~ Philanthro~3ic, eleemosynary stitutions. (dd) Repair shops for household, b'bsines's or personal appliances, includin(~ cabinet shoos, can3enter shoos, electrical shops, plumbinq shops, furniture repair shops and bicycle and motorcycle shops. (ee) Restaurants, excludina formul~ food and take-out restaurants. (iff Retail stores. fqg) Telephone exchanqes. (hh) Theaters or cinemas (other than outdoor). (ii) Transportation services private, inctudinq qaraqe and maintenance facilities. (ii/Wholesale businesses, warehouses and buildin(~ matedal storaee and sale, but exctudincl storaqe of coal. coke, fuel oil or iunk. /kk) Wholesale/retail beveraqe distribution. (Ill Winedes as set forth and requlated bv 6100-81, (mm) Workshops, Artists' and craftsmen's. (nn) Workshops. Custom. 8. Section 100-101.B General Business (B) Distdct (Use is hereby amended as follows: hh~lses permitted bv special exception by the Board of AD[~eats. e followincl uses are permitted as a special exception by the Board of Appeals. as hereinafter provided,,~ubiect to site plan approval by the P~annin(~ BoarcI: rd) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensinq 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 extinQuisher. (f) No customer shall be permitted to dispense c~asoline unless he shall possess a valid motor vehicle operator's license. There shall be no latch-open device on any self-service dispensin(~ nozzle, (10) Laboratories, Research, desian or development, provided that any manufacturinq shall be limited to prototypes and products for testinq. f11) Parkinq lot. (,,},~' '%'(~2~'~Places of worship, includin(~ parish houses (but excludin(~ a · 'r-eot'pry or parsoneqe, which shall conform to the requirements for a o~e-family dwelling), subject to the restrictions in 6100-31. ~l~cPrivate elementary or hi(~h schools, colleqes and other ational institutions, subject to the restrictions in 6100-3t. (14) Public utility dahts..of-wav as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ~100-31. (15) One-family detached dwellin(~s, not to exceed one (1) dwellina on each lot. (16) Restaurants, Formula food located within a shoppinQ center in this zone. subject to the followinq requirements: fa) There must be sufficient parkinq as provided for bv the Article XIX. Parkinq and Loadinq Areas, of this chapter, and such parkinq area shall be available within the shoppinQ center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. There shall be no counter servinq outdoor traffic via a drive-in, drive~throuoh, drive-up, drive-by or a walkup window or door. (d~ Exterior siqnaqe shall conform in all respects to Article XX, Si(3ns, of this chapter and, further, may not be lit from within. (e) Advertisements, includin(i trademark Ioaos, may not be affixed, painted or olued onto the windows of the business or onto any exterior structure, includino waste disposal receptacles and fla(is. (f~ The siQnaqe must conform to the existinq color theme and sianaae style of the shoppina center. ((i) The existinq exterior architectural style of the shoppina center buildin(i may not be altered or modified in any way to accommodate the proposed use. The use must be located within the shoppina center's main primary buildin(i complex and may not be located within a sin(ilo freestandina structure within the shoppin(i center site. (17~ Restaurants, Take-out. provided that eatin(i 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 freestandinq structure is forty thousand f40,000') s(iuare feet. (18) Terminal/bus or truck. fl 9) Transportation service. Private. includinq clarac~e and maintenance facilities. f20) Vetennarian's offices and animal hospitals, subject [o the restrictions in 6100-31. 9. Section 'tOO-'tQ1.C General Business (8) (Use regulatfons) is hereby amended as follows: C. Accesson/uses. The followinq uses are permitted as accessonf uses and. except for residential acoessorv uses and si(Ins, which are aoverned by Article XX, are subject to site plan review: (1) Acoessory uscs sct forth in and as rogulatod by §100 31C(1) through (8) and (10) of the Agricultural conscrvation District, SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Town of Southold Town Board Address: Town Hall, 53095 Main Road Southold, New York 11971 Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Draft Local Law to Revise Business Uses Town of Southold, New York SEQR Status: Type I Action [6 NYCRR Part 617.12(12)] Project Description: The proposed action is an amendment to the Southold Town Code, which would amend the sections of the Town Code which regulate the uses allowed in the Hamlet Business, General Business and Limited Business zones. The intention is to revise the Zoning Ordinance to better meet stated Town land use goals as reflected in the 1985 Master Plan Update and 1994 Stewardship Task Force Recommendations, as well as in the stated purpose of each zoning district contained within the current Code. The proposed revisions also seek to regulate additional business uses which were not addressed under the original Code. Other changes are intended to streamline the application process for some uses which are considered desirable within specific zoning districts. The Master Plan and Task Force Reports emphasize the need to maintain the rural and historic quality of the Town by concentrating commercial development within the existing hamlets along the NYS Route 25 corridor. The goal is to create lively, tourist oriented hamlets along NYS Route 25, while SC Route 48, which runs parallel to NYS Route 25, would be maintained as a rural highway carrying the majority of through traffic. Most of the Limited Business zoned property within the Town is located along SC Route 48 and rural portions of NYS Route 25, while the General Business and Hamlet Business zoned properties are located primarily along NYS Route 25, with a large area of B zoning on SC Route 48 in Southold. The draft law would revise the allowed uses within the three business zoning categories to reduce the intensity of development within the LB zone, while encouraging more appropriate development throughout all three zoning districts. Reasons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6 NYCRR Part 617.7(c), the Long Environmental Assessment Form Parts I, II and III, and the following specific reasons: In comparing the proposed action with SEQR Criteria for Determining Significance, it is noted that the action will not change, destroy or impair air, water or natural/open space resources, or historic/archaeological resources in the Town of Southold. The action will not significantly increase traffic volumes, solid waste generation or impact on population patterns, noise levels, or the use of energy. The proposed action will not create a hazard to human health. The Draft Law is intended to better regulate ongoing development within the Town, but is not expected to result in significant growth inducing impacts. Development will be more actively directed toward the hamlet centers. Mitigation of potential impacts from new development within the hamlet centers will continue to be possible on a site and use specific basis. In addition, development under the revised ordinance is preferable to further intrusion of commercial uses into the remaining rural areas of the Town. In order to maintain the rural quality of the Town between the hamlets, the revised ordinance directs commercial development to the existing centers along the NYS Route 25 corridor. Concentration of new development within the hamlet centers has the potential to increase traffic impacts within the existing centers. The intention is to allow efficient traffic flow between the hamlet centers along SC Route 48, while creating a pedestrian oriented, village atmosphere within the hamlets. Parking lots have been added as a Special Exception use to the Hamlet Business zone, and multiple uses should be available by foot within the hamlet centers. Thus, although limited growth is expected to occur within the hamlets, overall traffic impacts should not be significant. The proposed ordinance does not supersede existing regulations which govern the environmental review process, and individual applications will be subject to separate review under applicable legislation. This might include, but is not limited to, the State Environmental Quality Review Act and both Town and State wetland ordinances. As noted, these regulations will provide protection of resources on a site-specific basis in addition to the general recommendations contained within the Draft Ordinance. For Further Information: Contact Person: Ms. Judith Terry Town Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Southold Town Trustees Southold Town Zoning Board of Appeals Southold Town Building Department Sufl'olk County Department of Planning Southold Town Clerk's Bulletin Board PUBLIC HEARING SOUTHOLD TOWN BOARD DECEMBER 23, 1997 5:00 P.M. ON A PROPOSED "LOCAL LAW TO REVISE BUSINESS USES". Present: Supervisor Jean W. Cochran Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Absent: Councilwoman Alice J. Hussie SUPERVISOR COCHRAN: Councilman Townsend is reading the public notice. COUNCILMAN TOWNSEND: "Publlc Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of October, 1997, a Local Law entitled, "A Local Law to Revise Business Uses". 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, 53095 Main Road, Southold, New York, on the 23rd day of December, 1997, at 5:00 p.m., at which time all interested persons will be heard. This proposed "Local Law to Revise Business Uses" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permitted use as set forth in and regulated by § 100 31A of the Agricultural Conservation District except wineries, which shall bc as set forth in Subsection A(2)(i) bclow. (1) The followinq uses are permitted uses without site plan ao~roval by the P~annin~ Board: pg 2 - PH (al Aqricultural ooerations and accessory uses thereto as set forth in and requlated by 6100-31. (bi Buildinqs, structures and uses owned or operated by the Town of Southold. school districts, park districts and fire districts. (c) Dwellinqs. one-family detached, not to exceed one (1) dwelling. on each lot. ¢2~ The followinq uses are permitted uses subiect to site Dian_ approval by the Planninq Board: (a) Retail businesses complemantar,/to tho rural and historic character of tho surrounding arc, a, limited to thc following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [4] Libraries or museums. (c) Funeral homes. (d) Restaurants, except drive in restaurants. (a) Personal sar'vice stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (a') Bed-and-breakfast uses as set forth in and as requlated by ~ 100-31. (b) Repair shops for household, business or personal appliances, including cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops and motorcycle shops, landscaping and other service businesses. lc) Garden Material~. Wholesale or retail sale and accessory storaoe and display materials and plants, inctudincl nursery operations, provided that the outdoor storaqe or dislalav of plants and materials does not obstruct pedestrian flow or vehicular traffic._ and does not occur within three (31 feet of the eroper-~v line. (d) Professional and business offices. pg 3 - PH (e) Wineries which meet the followinq standards: [I] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily LonQ Island Qrapes is produced and sold. f2] Wineries shall have retail sales on site. (f) _W_~h~olesale and warehousinq. 2. Section 100-81.B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) Any spocial exception usc as set forth in and rogulatcd by § 100 ~I-8~of tho Agricultural Conservation District, except that wineries are not required to bo in connection with a vineyard, and except bcd and breakfasts. (1) Apartment, One ('1) accessory, in an existinq one-family dwellinq, subiect to the restrictions in ~100-31. (2) Beach clubs, tennis clubs, country clubs, qolf clubs, public qoff courses.and annual membership clubs caterinq exclusively to members and their quests and accessory playqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinc~s, subiect to the restrictions in 5100-31. (3) Cemeteries where accessory to a place of worship only. (4) Dwellinq, two-family, not to exceed one fl) such dwellinq on each lot. (5) Historical society. f6} Nursery schools. (7) Places of worship, includinq parish houses (but excludinQ a rectory or parsonac]e, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in 6100-31, pg ~ - PH (8) Private elementary or hiah schools, colleaes and other educational institutions, subiect to the restrictions in ~100-31. (91 Public utility riclhts-of-wav as well as structures and other installations necessary to se,we areas within the town. subiect to the restrictions in 6100-31. (10) Stables and ridinq academies. (11) Veterinarian's offices and animal hospitals, subiect to the restrictions in ~I00-31. 3. Section 100-81.C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followina uses are permitted as accessory uses and, except for residential accessorv uses and siqns, which are aoverned bv Article XX. are subiect to site plan review: (1) Any accessory use as set forth in and regulated by §100 31C (1) through (8) and (10) of Agricultural Cansorvation District, and subjoot to thc conditions sot forth in {}100 33 thc=roof. (1) Any customary structures or uses which are customarily incidental to the principal use. except those prohibited by this chapter. (2) Boat dockina facilities for the dockina, moorina or accommodation of noncommercial boats, as set forth in and restricted by ~100-31. (3) Garden house, toolhouse, storaae buildina, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for aain. subiect to the restrictions in ~100-31. (4~ Home occupation as set fodh in and restricted by ~ 100-31. (5) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housina for flocks of more than twenty-five (25) fowl shall not be constructed within fifty f50) feet of any line. pg 5 - PH regulations) lC) Garaqes, Private, provided, however, that not more than two f2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8) The storacie of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use. subiect to the restrictionsin §100-31. (91 Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine atasses, decanters, items for the storaqe and display of wine, books on winemakinq and the reqion and nonspecific items bearinq the insiclnia of the winery. Wineries ma,/not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for ~rivate use by the employees. 4. Section 100-91.A Hamlet Business District (HB) (Use is hereby amended as follows: A. Permitted uses. (1) Any permitted use set forth in and regulated by §100 31 (A) and (3) of the Agricultural Conscrvation District. (2) Any permitted uses as set forth in and as regulated by §100 42A(2) of the Hamlet Residential District. (1) The followincl are oermitted uses without site plan approval by the Planninc~ Board: Bed-and-breakfast uses as set forth in and as reclulated by §'100-31. (bi Buildinqs. structures and used owned of operated by the Town of Southold. school districts, park districts and fire districts. (cl Dwellinq,one-family detached, not to exceed (1) dwellinq on each lot. (d) Dwellinq, two-family. pg 6 - PH ('2) The followinq are permitted uses subiect to site plan approval by the PlanninD Board: (a) Apartments mav be permitted over retail stores and business, professional and (~ovemmental offices, subiect to the followinc~ requirements: (1) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desiqn, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over fillinq stations, stores retailina flammable or fume-producinq qoods, restaurants or other businesses with kitchens or other facilities producinQ intense heat or any other establishment which the Fire Prevention Inspector determines to Dose a c~mater-than-averaoe built-in fire risk. (2) 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 be tocated on the first floor of the buitdinq, and the apartment shall contain all services for safe and convenient habitation, meetina the New York State Uniform Fire Prevention and Buildina Code and the Sanitary Code. ('3) Them shall be no more than three (3) apartments created or maintained in any sinqle buildina. (4) Each apartment, or common hallway servicinq two ('2) or three ('3) apartments, shall have a separate access to the outside of the buildinq, which must be distinct from the access to uses on the first floor. (5) Each apartment shall have at least one ('1) on-site off-street parkinq space meetinc! the standards of this chapter, conveniently located for access to the apartment. ('6) Only the owner of the buildincl 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 such aareements, contracts, easements, covenants, deed restrictions or other leqal instruments runninq in favor of the town as. upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: pg 7 - PH Iai The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party except as part of a sale 9_f_the entire buildinQ in which the apartment is located. [bi The apartment is made available for year-round rental. Ici The~partment is I~rooerlv constructed, maintained and used, and unapproved uses are excluded therefrom. L~] Any other condition deemed reasonable and necessary to .e~ns~u_r~ the immediate and Ion(~-term success of the a~)artment in hetpina to meet identified housinc needs in the community is complied with. (bi Art. antique and auction qalleries. (~) _Auditoriums or meetinq halls. (dl Bakeshops (for on-premises retail sale/. (el Banks and financial institutions. (fl Boardinqhouses and tourist homes as set forth and requlated by Section 100-61B of the Resort Residential (RR~ District. (el Bus or train stations. (h) Business, professional and c~overnmental offices. ¢i) Health care, continuin~ care and life care facilities, but exctudinc~ facilities for the treatment of all types of druq addiction, subiect to the requirements of 5100-31. (i} Conference facility. (k} Day care (primary). 1.(!)_~ry cleaninq store. (m) Farmer's market. (n) Fitness and exercise studios. ¢o) Fraternal or social institutional offices or meetincl halls. pg 8 - PH (p) Garden materials, wholesale/retail sales. (el) Church/house of worship. (r) Historical society. ~s) ibrari~s £t} Laundromats. (u) Museum= (v) Nurserv school. (wi Philanthropic, eleemosynary or reliclious institutions. (x) Personal service stores and shoos, includincl barbershops. beauty parlors, professional studios and travel a(~encies. (y) Repair shops for household, business or cersonal appliances. includina cabinet shops, carpenter shops, electrical shops. ~)tumbinq shoos, furniture repair shops and bicycle shops.r~nd motorcycle -~'""- (z) Restaurants, excludinq formula food and take-out restaurants. (aa) Retail stores. fbb) Theaters or cinemas (other than outdoor). (cc) Workshops. Artists' and craftsmen's. (dd) Workshops, Custom. 5. Section 100-91.B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followina uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Plan_ninq Board: (1) Any spccial exception usc set forth in and as rogulatod by §100 31B(3) to (6) and (13) and (14) of tho Agricultural Conservation ....... t. pg 9 - PH (2) Nurso~ =chools. (3) Philanthropic, elccmosynary or religious institutions, hcalth ~arc, continuing carc 3nd life facilities, but cxcluding facilitios for thc treatmcnt of all typcs of drug addiction, subject to the rcstrictions set forth in §1 O0 31. (!~ M'.~l!i,o!e ~,vollings and townhouses. ~(l_)._~c~e~_s~orv apartment (one/in an existinQ one-family dwellina as _s.~t f_o__rth in~§100-31. (23 Annual membership club. f3~ Commercial Recreation facilitv. (4) DrinkinQ establishments. (5} Funeral homes. (6~ Flea markets. ('73 GaraQes. Public. as set forth in and as reQulated by 6100-101B. (8~ Gasoline service station as set forth in and as requlated bv ~100-101B. f9) Motel and hotel uses as set forth in and requlated by .~ 100- 61B(4) of the Resort Residential (RR~ District, except that minimum lot size shall be three (3) acres. (10't Private elementary or hic~h schools, collecles, and other educational institutions subiect to the restrictions set forth in 6100- 31. (11} Public utility riQhts of way as well as structures and other installatio0s necessary to serve areas within the town as set forth in ~100-31. (12~ Multipielrowltownlattached dwe{linqs. (13~ Parkinq ~ot. (14} Restaurants, takeout and formula food, subject to the followinq reqdirements: pg lO - PH (al Adequate parkino shall be provided in accordance with that reouired by Article XIX. Parkinq and Loadinq Areas. of this chapter. All parkinq spaces shall be located within reasonable walkinq distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parkinq may be used to satisfy this requirement. The adequacy of municipal parkinq shall be determined by the Planninq Board as part of its site clan review procedure by conductinq a parkinq survey of the capacity of the existinc~ municipal parkinq area to accommodate the projected increase in usaqe due to the introduction of the subiect land use. (bi An assessment of the potential traffic impacts of the proposed use must accompany the )onp environmental assessment form. The appropriate mitiqation measures must be incorporated into the site Dian. (c} There shall be no counter servincl outdoor traffic via a drive-in, drive-throuah, drive-up, drive-by or walkup window or door. fd~ Exterior siqnacle shall conform in all respects to Article XX. Sions. of this chapter and, further, may not be lit from within. (el Advertisements, includinc~ trademark Ioqos, may not be affixed, painted or qlued onto the windows of the business or onto any exterior structures, includinq waste disposal receptacles and flaqs. fl') The physical desic!n, includinq color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildinc!s, public spaces and uses in the particular location. (15) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and sians, which are subiect to Article XX. are subiect to site plan review: (1) Accessory uses as set forth in and rcgulatod by § 100 310(1 ) through (7) of tho Agricultural Conserv2tio~ DistFict, and subjoct to the conditions sot forth in § 100 33 thc, roof. pg 11 - PH (1) Any customary structures or uses which are customarily incidental to the principal use. except those prohibited bv this chapter. f2) Garden house, toolhouse, storaae buildinq, playhouse, wadind pool, swimminq pool or tennis court incidental to the residential useof the premises and not operated for qain as set forth in ~100- 31. (3/Home occupation, includina home professional office and home business office as set forth in ~100-31. (4} Off-street parkinq spaces accessory to uses on the premises. Not more than four f4/off-street parkinq spaces shall be permitted within the minimum front yard. (5) Private clarac~es: provided, however, that not more than t~o (2/ passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (6) The storaqe of either a boat or travel trailer owned and used bv the owner or occupant of the eremises on which such boat or travel trailer is stored, for his personal use as set forth in ~100-31, 7. Section 100-101.A General Business District lB) (Use regulations) is hereby amended as follows: A. Permitted uses. 1. Any pcrmittod usc, set forth in and regulated by §100 31A(2) and (3) of tho Agricultural Conscrvation District. 2. Any permittcd uso sot forth in and regulated by 5100 91A(3) to (19) of tho Hamlct Business District. (1) The followinq are permitted uses without site elan approval by the Plannino Board: (al Aqricultural operations and accessory uses thereto uses as set forth in and as requlated by 6100-31. lb) Buildinqs. structures and uses owned or operated by the Town of Southold, school districts. Dark districts and fire districts. (2) The followinq uses are permitted uses and are subiect to site plan approval by the Planninq Board: pg 12 - PH fa) Apartments over retail stores & offices as rec~ulated under §100-91. (bi Art. anticlue and auction qalleries. (c/ Auditoriums or meetincl halls. (d/Auto repair shoD. fei Bakesho[~s (for on-premises retail sale/. ff~ Banks and financial institutions. (c~) Bed-and-breakfast uses as set forth in and as rec!ulated by §100-31B (hi Boardinahouses and tourist homes as set forth and reeulated by 6100-61B(5t of the Resort Residential (RR) District.. (ii Business. professional and clovernmental offices. (ii Buildinq, electrical and plumbincl contractors' businesses or yards. (k~ Bus or train stations. (1'~ Cold storaqe plants, bakinq and other food processinq and packaqinc! plants that are not offensive, obnoxious or detrimental to neiclhborinc~ uses by reason of dust. smoke, vibration, noise, odor or effluent. (m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleanincl store. (q) Farmer's market. (r) Food caterinq. (s) Fraternal/Social institution or meetinq hall (non-~)rofit). pg 13 - PH (ti Funeral homes. [_u) Garden Materials. Wholesale or retail sale and accessory storaqe and display of supplies and ptants, indudinq nurser',/ oeerations, provided that the outdoor stora(~e or display of plants and materials does not obstruct pedestrian flow or vehicular traffic ~r~d !~o._o. :~ r~¢( oo~_ur within three (3) feet of the property line. (_v.) H.._gealth care, continuinq care and life care facilities, but exdudinq }'acilities for the treatment of all types of druq addiction, sub~_ct to the .requirements of 5100-31. _~) ~Hj s~Lor_i _cat Society. (x) Laundromats. (y) Libraries fz) Museums. (aa) Nursery school. (bb) Persgnal service stores and shops, includinq barbershoQs.beautv parlors, professional studios and travel a,qencies. (cc) Philanthropic, eleemosynary or retiqious institutions. (dd) Repair shops for household, business or personal appliances, includincl cabinet shops, carpenter shops, electrical shoes, plumbina shops, furniture repair shops and bicycle and motorcycle shops. fee) Restaurants, excludine formula food and take--out restaurants. (fF) Retail stores. (qQ) Telephone exchanQes. (hh) Theaters or cinemas (other than outdoor). (ii) Transportation services private, inctudin~ (~aracle and maintenance facilities. pg lU,- PH fii) Wholesale businesses, warehouses and buildincl material storaqe and sale, but excludina storaae of coal. coke. fuel oil or iuqk. (kk/Wholesale/retail beveraae distribution. ([~) Wineries as set forth and requlated by (mm/Workshops. Artists' and craftsmen's. (nn) Workshops, Custom. 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: B. Uses permitted by special exception by the Board of Aopeats. The foltowinc~ uses are permitted as a seecial exception by the Board of Appeals. as hereinafter provided, subiect to site plan approval by the Planninq Board: (1) Any special exception usc as sot forth in and regulated by § 100 31B(2) to (12), except wineries are not required to bc in connection with a vineyard. (3) Bcd and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100 31B(1 '1) 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. (25) Stables and riding academies. .(.1 ) Beach clubs, tennis clubs, countn/clubs, qolf clubs, public qolf courses and annual membership clubs caterina exclusively to members and their quests and accessory plavqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in 6100-31. (2~ Car wash. (3~ Cemeteries where accessory to a place of worship onN. Commercial recreation facilities, fully enclosed. pg 15 - PH (5/Ddnkina establishments. (6~ Ftea markets. (7/Hotel or motel uses as set forth in and reaulated by ~ 100- 6tB(4~ of the Resort Residential (RR/District. except that the minimum lot size shall be three f3) acres. (8/Gasoline service stations. Public qaraQes. Car dealerships ncw and uscd motor vehicle lots, Vehicle rental, including thc salc of rocreation vohicles and trailers and boat salcs, and accesson/ repair facilities, all subiect to the followinq requirements: (al Entrance and exit driveways shall have an unrestricted width of not tess than twelve (12) feet and not more than thirty (30) feet and shall be located not tess than ten (10) feet from any property tine and shall be so laid out as to avoid the necessity of any vehicle backina out across any public riaht-of-way. fbi Vehicle lifts or pits. dismantled automobiles, boats and vehicles and all pads or supplies shall be located within a buildinq. (c) All service or repair of motor vehicles, other than such minor servicinq as chanae of tires or sale of aasoline or oil, shall be conducted in a buildinq. (d~ The storaqe of c!asoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five f35) feet from any property line other than the street line. (el No qasoline or fuel pumps or tanks shall be located less than fifteen f15~ feet from any street or property line. fl3 No qasoline service or repair shops or similar businesses are to be located within three hundred (300~ feet of a church, public school, library, hospital, orphanaqe or rest home. f9) Gasoline service stations, Partial self-service, subiect to all of the provisions of 6100-101Bf8) herein and the followinq additional requirements: pg 16 - PH (a) Each partial self-service qasoline facility shall have a (~ualified attendant on duty whenever the station is open for business. It shall be the duty of the c!ualified attendant to control and operate both the console reeulatinq the flow of qasoline to the dispensinq equipment thereafter to be operated bv the customer at the setf- service pump island and the dispensinq equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the clualified attendant. A control shall be provided which will shut off the flow of qasoline to the dispensinq equipment at the self-service pump island whenever the aualified attendant is absent from the control console for any reason whatever, includinq when he is operatinq the dispensinq equipment on the other pump islands. (c) The console requlatinq the flow of qasoline to the remote dispensinq ecluipment thereafter operated bv the customer at the self-service pump island shall be situated in such a manner as to qive the clualified attendant controtlinq said console an unobstructed view of the operation of said remote disDensin(~ equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensin~ 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 dr,/ powder release which will act as an automatic fire extineuisher. (f) No customer shall be permitted to disoense qasoline unless he shall possess a valid motor vehicle operator's license. (q) There shall be no latch-open device on any self-service dispensinq nozzle. (10/Laboratories. Research. desicln or development, provided that any manufacturinq shall be limited to prototwes and products for testJnq. (11'~ Parkinq lot. pg 17 - PH (12) Places cf worship, includin~ padsh houses (but excludin~ a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in ~100-31. (13) Private elementar~ or hiah schools, colleqes and other educational institutions, subject to the restrictions in ~i100-31. (14) Public utility riqhts-of-wav as well as structures and other installations necessary to serve areas within the town. subiect to the restrictions in 5100-31. (15) One-family detached dwellinqs, not to exceed one (1) dwellinq on each lot. (16) Restaurants. Formula food located within a shoooinq center in this zone. subiect to the followinq requirements: (al 'Fnere must be sufficient parkinq as provided for by the Article XIX, Parkina and LoadinCl Areas. of this chapter, and such parkinq area shall be available within the shopoind center site to accommodate the use. (bi The operation of the establishment shall not create traffic problems. There shall be no counter servinq outdoor traffic via a drive-in, drive-throuclh, drive-up, drive-by or a walkup window or door. Exterior siqnaqe shall conform in all respects to Article XX, Siqns. of this chapter and, further, may not be lit from within. (el Advertisements, includina trademark Ioqos. may not be affixed, painted or qlued onto the windows of the business or onto any exterior structure, inctudina waste disposal receptacles and flaqs. (f~ The siqnaqe must conform to the existinq color theme and siqnaoe style of the shoppinq center. (q) The existincl exterior architectural style of the shoppinq center buildinq may not be altered or modified in any way to accommodate the proposed use. The use must be located within the shoopinq center's main primary buildinq complex and may not be located within a sinqle freestandin~l structure within the shoppinq center site. pg 1~ - PH (17) Restaurants, Take--out. provided that eatinq on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desiqnated and propedy maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40,000) square feet. (18) Terminal/bus or truck. (19) Transportation service, Private, indudinq qaracle and maintenance facilities. (20) Veterinarian's offices and animal hospitals, subject to the restrictions in ~100-31. 9. Section 100-101.C General Business (8) (Use regulations) is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are qoverned by Article XX. are subiect to site plan review: (1) Accosso¢/uses sst forth in and as regulated by §t00 31(;(t) through (8) 2nd (10) of the Agrioultural 6onscrvatien District, subject to the conditions set foFtl~ in §t00 3;~ thoreof. (1 ~ Any customary structures or uses which are customarily incidental to the principal use. oxcept those prohibitod by this (2) Boat dockinq facilities for the dockinq, moorinq or accommodation of noncommercial boats, subiect to the restrictions in ~100-31. (3) Garaqes. Private. provided, however, that not more than two (2) passeneer automobile spaces in such c~araoes may be leased to persons not resident on the premises. (4~ Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool. swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain. subject to the restrictions in ~ 100-31. (5) Home occupation as restricted in ¢~100-31, pg 19 - PH (6) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five ¢25~ fowl shall not be constructed within fifty (50) feet of any line. (7~ Off-street oarkinq spaces accessory to uses on the premises. Not more then four (4~ off-street parkinq spaces shall be permitted within the minimum front yard. (81 Open storaee of materials or equipment, provided that such storaqe shall be at teast twenty-five f25'~ feet from any lot line. not be more than six f6) feet hi(Ih and be suitably screened by a solid fence or other suitable means of at least six f6~ feet in heidht. (9)The storaoe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his ~ersonal use, subiect to the restrictions of ,q100-31. (1 O) Wineries may have an accessory qiff shoo on the premises which may sell items accessory to wine. such as corkscrews, wine olasses, decanters, items for the storaqe and display of wine. books on winemakinq and the rec~ion and nonspecific items bearinq the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facili~ for private use by the employees. II. This Local Law shall take effect upon the filing with the Secretary of State. Underline represents additions Strlkethrough represents deletions Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: December 9, 1997. Judith T. Terry, Southold Town Clerk." We have notice that this was published in the Suffolk Times. It was on the Bulletin Board. We have a response from the local Planning Board recommending some changes, and from the Zoning Board of Appeals. Also from the County there is a notice of local determination, and we have a copy of Negative Dec, and a copy of our report from our environment consultant. That's basically it. Basically the environmental consultant indicated no adverse impact. SUPERVISOR COCHRAN: Is there anyone who would like to address the Board on the Local Law to Revise Business Uses"? Yes, sir ED TOYNES, JR.: My name is Ed Toynes, Jr., and I own and operate, co-owner, of the Southold Automotive. That is the service about pg 20 - PH 2,000 feet due east of us here. To the Honorable Jean Cochran and the Town Board of Southold, we are in support of proposed changes of the Hamlet Business Zoning uses, District Section 100.91.B with regards to gasoline service stations. Our gasoline service station has been located on the Main Road of Southold since prior to zoning, and therefore is recognized as a former business B zone. When the Town modified the zoning and districts of uses, they omitted us from the hamlet district. This omission has caused my family great hardship, because of the modification of my building in regards to the complicated and expensive use variances. The State and Federal regulations are possibly changing, and most recently the New York State Inspection requirements could put me out of the business providing a service to the community. I stopped doing New York State inspections yesterday eight o~clock in the morning. Been doing them for twelve years. If the Zoning Board does not approve our application our business will be significantly affected, and a two generation family business will suffer. I am before the Zoning Board of Appeals, but this process can be simplified if we amend the Zoning Code to include the existing gasoline stations in the hamlet business zoned. Please consider cleaning up the Zoning Code with regard to gasoline stations. The Zoning Code is outlined to contain conditions to the gasoline stations, which are operating in restrictions. The State, and Federal Regulations are constantly changing, and already oppose controls on the individual businesses. Please, simplify the application process, and encourage improvements to the existing local businesses. It's signed, Edward Tonyes, Jr, and my brother, Don. He's not here today. SUPERVISOR COCHRAN: Thank you for your comments. Anyone else like to address the Town Board on this Local Law? MELANIE SANFORD: Melanie Sanford, Southold. I saw a piece in the Traveler, that caught my eye in regard to our Hamlet businesses, in particular the three that are clustered on Main Street at Hobart Road. You have the video store. You got Shelly's Place, and the L(ghthouse Beverage. All three of them apparently are for sale, or have gone out of business, and there was a remark in the paper saying, no one is really sure whether or not the trend reflects a lack of parking or heavy traffic in the area. Being a resident in that area I will attest to the fact that there is a lot of heavy traffic, a lot of heavy trucking, beverage trucks, whatnot, that led to congestion. As far as the lack of parking I was a member of that video store. I did frequent it, and I have to say that part of the reason it went out of business is because the selection really didn't keep pace. It was poor after some time, so I kind of discontinued going there, but I never really found the parking to be a problem. People kind of just stopped in, picked up a video, and then left. It wasn't long term parking. People just kind of went, and left. As far as the bar on the corner, I think that kind of sort of has been a problem ever since it opened. Because of where it is situated there has been some trouble with the residents there in that area. I know it is under litigation. I don't know if that is still true. Is that still under litigation at this time? TOWN ATTORNEY DOWD: They are appealing that decision. pcj 21 - PH MELANIE SANFORD: They are appealing it? It is still being litigated then? So, there is still an ongoing court case then? Okay. I know there was a problem with the garbage, and there was a problem with late night traffic, and there was a problem with loud vans. So, It didn't come as a surprise to me, that the business is up for sale, although we certainly don~t want to lose it, don~t want to lose the building themselves. There is a big trucking problem, the heavy trucks just in that area there, so I am in agreement there. As far as the business itself, if you look up the street there is no question as to why they are probably having trouble because they are in direct competition with 7-11, which is a 2t~ hour all night beverage headquarters. I mean you can get beer. You can get soda. You can get juice. You can get mixers, and you can get all the snack food, that go along with that. In the hopes of keeping business in the hamlet, in liberalizing the hamlet business uses, I hope that it does benefit the local businessman, but if being liberal as to the point where things like 7-11 are coming in, then I think there is a real danger, and 7-11, it is in my neighborhood. As I said it"s a seven day menace, twenty-four hours a day, and it is things like that put the local businessman in jeopardy. I don~t know if you have seen the recent flyer, but there is a promo 7-11 all new, never been done before, they are promoting party stops this year for all of your New Years, and party selections. I see this being designed in direct competition with our local dells, our local catering people. I have worked in restaurants a lot all my life, and I know this can really clobber local restaurateurs. Again, we are talking about franchise. We are talking about a company that really has very little allegiance to the local people. They turn a buck. If they make money it goes back to corporate headquarters, and what happens is they open another 7-11. It doesn"t go into sustaining the local economy, and my fears here again is that I know that there is a proposal for another convenience store in Mattituck. Do we really need another convenience store in the Town of Southold? Is it going to get to the point where we are going to have a convenience store in Mattituck, and a 7-11 in Mattituck, Cutchogue, Southold, Greenport, Orient? I am concerned, so liberalizing the uses is going to revitalize the town, and that is a good thing, because I would hate to see all these little shops be lost. They are right in the middle of our hamlet. They are quaint, but I can see why they are having trouble, and I just hope that will be taken into consideration. As far as the 7-11 I don't know if you are aware of it, she met with Southland, I just want to ask Supervisor Cochran did they mention any time that they were going to have a commercial campaign for party products. SUPERVISOR COCHRAN: No. MELANIE SANFORD: Because this is new this year. SUPERVISOR COCHRAN: I am just seeing it for the first time.(tape change) MELANIE SANFORD: Was there reasons that they gave why they put the surveillance cameras up? SUPERVISOR COCHRAN: Just a security measure. MELANIE SANFORD: How many are there? pg 22 - PH SUPERVISOR COCHRAN: I have no idea. MELANIE SANFORD: I think there may be two, but I don~t know exactly how they angle. One I think is to the parking lot, and the other one I don~t know whether people in the neighborhood are being monitored. I don~t know whether people coming and going on Locust Lane are being video taped. SUPERVISOR COCHRAN: I have no idea. MELANIE SANFORD: But that I think it is an invasion of privacy. I think general businesses as they are described, that goes along with it. There is high noise infractions, and there is the tendency for invasions of privacy, because of all the traffic, and people they invite, and I think that these video cameras are another intrusion, and I think we should try to keep things hamlet, and I am very concerned about that. I am very concerned about more convenience stores coming to the town, because of the direct competition they have with our small businessmen. So, those are basically my concerns, and lastly, I came across a table in the Planning Department. It was done in 1991~, and I believe Bob Kassner compiled the project. Maybe there are other people that worked on it. It is excellent. It is an excellent table of uses, and it is condensed version of every thing that is in our Code Book. I find the Code Book very difficult to read. With effort I can read it, but I have been to Town Hall a number of times, and I have spoken to different people in different departments, and I have asked them, can you help me with a book, and they are like, well, I'll try, but I am really not sure how to read it, or I would rather you dldnlt. I would rather you talked to the Town Planner, and these are Town employees, and if they are having a hard time reading the Code Book you can imagine that laypeople donlt know what is going on in the book itself, but this table was good, and I was hoping that once you revise all the business uses, if you could make a 1998 version of it, it would be such a help. I have spoken to Valarie Scopaz, and she said, this is about 85% to 90% accurate, but she said, Melanie, it still a very good guide, so I just wanted to put that out that whoever worked on this if they could do it again, because it really is proponent of democracy. It is really quite a good table. Thank you very much. SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board on the law to revise business uses? TOM WICKHAM: Tom Wickham from Cutchogue. I would llke to outline three reasons why I think this law should be enacted. Basically there are many other reasons, but the three key reasons that I think justify. First of all, when the Master Plan was prepared for the Town Board ten years ago there were clear distinctions between hamlet business and general business, but in the process of passing that Master Plan they got pushed, almost merged. There is very little distinction between those two zoning districts now. What this proposal will do, if enacted, will pull it apart, and provide real distinction between those hamlet business, and the business zones. The second reason that I think justifies it is the track that over the years more and more rights, that, we, owners of property can avail of in this town, can only be gotten through Special Exception. This law would provide rights as of right, uses as of right for people who pg 23 - PH hold hamlet business regular business properties, and I think that they would clarify the situation, would be make it cheaper, easier, and more straight forward, also less bureaucracy in Town Hall for those people, who own property who want clear-cut know what they can do with that property, rather than having to get a rejection from the Building Department, go to the Zoning Board, get a Special Exception. This will clear away a lot of that underbrush. Thirdly, the proposals in this law would enable the Town to keep a much clearer control, and clearer landscapes along Route 48, and provide for more of the hamlet center development that we have been talking about for a long time for the purposes of keeping the quality of the town the way we want it. This law will be a small step in the right direction. The proposals in this law have been with the Board for more than two years now. It's been with you for long time, not exactly the language it is in now, but the proposals have been there for a long time. It is really a tribute to Joe Townsend, who has carried the ball on this for a long time, and I urge the Board to adopt it. SUPERVISOR COCHRAN: Thank you. Is there anyone else who would like to address the Town Board on the Law to Revise Business Uses? ROBERT LEONARD: My name is Robert Leonard. I represent S & L Irrigation. We have been anxiously pursuing property within the town for quite some time now, so we can set up our shop a little bit more permanently. We have recently made an offer on a light business piece on Lt8, which is as I understand it as a landscape service oriented business, would be stricken from the zone. As a traffic hazard I don't see how our business would affect that in any way shape or form, as we may have fifty customers a year stop in to our actual place of business. As it is written up now, and as I understand it now, we would not be able to occupy the building that we presently have an offer on. I am here this evening to, I guess if you are understanding, I don't know who the question should be directed to, but.. COUNCILMAN TOWNSEND: Landscaping has been deleted from Light Business Uses. There are several things that should be considered. I think I know the area you are talking about. In that area there was some zoning changes made several years ago. Originally that whole area was LB, and then somebody stuck a huge parcel of B in the middle of it, where the car dealership is, which made it sort of problematic. Why do you have the most intense B zone next to the least intense B zone? What I think has to happen if this law is passed is that we have to look at where these zones are. There are a few that because of some spot zoning, that was done a few years ago, that should be changed. As far as the Light B zone it was the intent of the committee that studied it, they were probably not anticipating the kind of thing you are talking about, installing of irrigation. If you are listed as a landscaper it is. I think the committee was thinking, and everybody that was one it can correct me if I am wrong, they are thinking of earth moving, and major changes. ROBERT LEONARD: i have gone round and round with the Building Department, as well as the Zoning Board, and you know, both of which pretty much told us that we are in that classification. pg 2q - PH COUNCILMAN TOWNSEND: There are properties that are located in the residential zones along that road, that are in your business you are talking about. They are listed as nurseries and stuff. ROBERT LEONARD: That is another part of my question. There are more irrigation companies in the town, three of which work off of agricultural land, but we have been told point blank, no way are we going to be allowed to do that. So, minimum zoning now is LB, and now you are saying, no, we can not be in LB. I have looked over the way it has been rewritten, and I don~t see where you have put us in. Where are we categorized now, if you take us out of LB? COUNCILMAN TOWNSEND: I think it is the LI and LIO. ROBERT LEONARD: Which is basically placing us out of your town totally, and shutting us out, which, you know, how do you justify allowing three companies to work off of Ag? Were they grandfathered in, or were they not? Now you are saying, we already have an offer in, and we can't now buy this building, and you are going to shove us into Industrial. It is kind of touchy for my situation. COUNCILMAN TOWNSEND: As I say, what the concern was the heavy.. ROBERT LEONARD: Maybe you will give a little thought to us there, okay? We are the little guys, and we are just trying to make it in this town. Thanks for your time. SUPERVISOR COCHRAN: Thank you, sir. Anyone else like to address the Town Board? MELANIE SANFORD: The former speaker makes a very good point, and while we all liberalize everything in the Hamlet center, and eliminating things on Route q8 and all about. My concern is where are we going to go with all these businesses? We want to keep the ones at the center. We want to keep the string of little cluster hamlet businesses that have got for sale signs in the windows in our hamlet center. I just hope that liberalizing the uses is not going to destroy our local architecture, and is not going to be inviting things that are totally inappropriate, totally inappropriate, and when you say that you want to have more night vitality I can understand Greenport has always been a night spot. There is lots of bars. There is lots of clubs. There is Claudio~s, but every hamlet has a distinct character to it, and in Southold our night spots are 7-11, which is a disaster, and a bar, which is currently for sale, and in litigation. I don~t know whether we should be inviting the same kind of problems. Do we really want to revisit those same kind of problems? When you say night vitality could you explain that a little bit to me. COUNCILMAN TOWNSEND: This is not going to effect the operating hours of businesses. Unfortunately 7-11 probably has been addressed many times in the past. You know, how do you keep all night businesses from, you know, effecting your.. MELANIE SANFORD: You canlt allow any more in. pg 25 - PH COUNCILMAN TOWNSEND: We could change the law, I guess, but I think it has been addressed legally, and I think because they exist all over. I don't know the situation, but it is a different issue. It is not related to this. MELANIE SANFORD: As I said, you just don~t know what is going to happen. I mean, we are competing with the local delis. I mean, who knows by next summer maybe they will have chairs and tables outside and umbrellas competing with the restaurants. COUNCILMAN TOWNSEND: The problem is, I think in my opinion it would be the worse thing to do to move 7-11 out on a strip somewhere, allow them in a zone where they could effectively draw business away from those local delis. Let me finish what you asked me. When I told you night vitality, I am not talking about people up making noise all night. I am talking about having people actually live in the business area, a mixed use. People may live in an apartment there. People that are still on the street after five o'clock. I am not talking about allowing uses like 7-11. I agree with you. I think that is not a good thing for the community to have all night business hours. I mean, we don't allow restaurants and bars to stay open all night. That is not an issue here. This law, rightly or wrongly, does not address that, the operation of businesses like 7-11. What it does do is try to keep that sort of thing from happening on the outskirts of town, and drawing the blood out of the hamlet districts. MELANIE SANFORD: I would almost think that the opposite is true, though, because the people that frequent 7-11, they are all-nlght truckers, there are people that are coming from the ferry, and then swing into the hamlet, with dangerously oversized trucks. They are the ones that are frequenting the place. You've got the teenagers, all the kids that are underage, that are creating a racket. One of the reasons they put the surveillance camera up is because, you know, the police are saturated with like 7-11 telephone calls. It's just a general menace, and I almost think that if you are going to make Route u~8 this major artery, this major thoroughfare were truckers..big heavy trucking, I mean, you have described general business, industrial development outside of the hamlet, center business areas, generally on major highways. Characterlst[cs include heavy trucking and noise. This is the kind of activities that are going on at the end of Locust Lane in 7-11. I almost think that Southampton got it right by sticking it out there. COUNCILMAN TOWNSEND: I don't want to get into a discussion. We are supposed to hear, and your points are well taken. That particular issue is not addressed in this ordinance. 7-11's operating hours are not addressed in this ordinance. If you wanted to create an ordinance that would only allow all night businesses in the general business area, that sounds like an interesting idea. All night businesses would be restricted to general business areas where there is a lot of traffic, and so forth. Sounds like a good idea. We didn't address that issue, and it is not in this ordinance, and really shouldn't be a part of this discussion. MELANIE SANFORD: Well, it should, because we are talking about the characteristics of our hamlet centers, too. We are talking about light business in hamlet, and general business, and I would like to have a clear pg 26 o PH vision of what these all mean, because what these uses are also going to do is going to change the look, or it is going to impact the look, or it is going to impact the look of our centers, and I am concerned about our historic buildings. I am concerned about the look of the center, and I don't think that the look of the hamlet center should come at the expense of eliminating things to the point where the hamlet center has to shoulder all the burden, and I just hope that is considered. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? TOM MCCARTHY: Good evening, Tom McCarthy, McCarthy Management in Southold. I own some general business property, and also, am aware of some of the things that the Town is trying to do. My concerns with the permitted uses that are going to be pulled out of zones, specifically the limited business zones, and what that is going to do to the people that own that property right now. It is going to create to a degree of non-conforming uses from the uses that are currently allowed in that zone, which establishes a more stringent criteria for the existing business owners of existing property owners, that they don~t have to deal with at the moment. I don~t know if the entire business community that has zoned property really realizes what the new set of rules is going to do to them, even though they are currently operating today, and enjoying their existing zoning, there are a whole set of different rules that they are going to forced to be applied to them, if they want to expand, if they want change their use within the buildings, or the properties, that they have right now. I think that is something that really deserves careful consideration by the Board. I am sorry I came in a little late to the meeting, but I have another concern with service businesses, and landscape businesses, and if they are being pulled out of the LB District, where exactly are they allowed to go? I am really looking for some clarification. Where does the Town specifically endorse these businesses that were specifically endorsed in the LB Zone that don't seem to be addressed by this document? SUPERVISOR COCHRAN: Okay, thank you. Anyone else llke to address the Town Board? (No response.) If not, I close the hearing. Judith T. Terry Southold Town Clerk ~ L/~GAL~E _ NOTICE OF PUBI2C itEAR1NG ON I~ L~W PU~I.,IC NOTIC~ I~ ~BY th~ ~ ~ of ~ ~ of ~ ~ ~y of ~, 1~, a ~ ~ Um~. N~m~O~ Yo~ ~ ~ ~ ~y ~, ~ U~~ ~ ~ is ~y ~ ~ ~ ~bt~ ~ ~31. ohope, inoluding barborshopc,, b~muty parlors, pr o f.x~oional at udior, and twav fa) Bed-and breakfast uses as set forth in and as regulated by 1~100-31. ~b) Repair shops for houc~hold, offices. lot. (5) Historical society. (6) Nursery schools, (7) Places of worship, including w~[ as structures and other in- stallations necessarv to within the town, subject to the restric- (10) Stables and tiding academies. (il) Veterinarian's offices and ani- tions in 8100-31. 3. Section 100-81.C Limited Business District (LB) (Use regulations) is hereby amended as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are aovemed by Article >CK. are subject to site nlan r~vjcw: (1) .~j a~ory u~ a~ n~t forth in and r~g. ulat~d by ~lD0 31C through (8) and (10) of Acriouhural {5) Horses and domestic animals (7) Off-street parking spaces (.) A~ny po~=ahtod uae cot forth in ~ . I . .il00 31(A) and (3) (,,g) An) ~ 'tt~ ur, oB ~ ~ forth uses without sit~ ~lsn approval by the Planning Board2 (a) Bed-and-b~akfast uses ~ ~1 Southold, sch~l districts, park dls- (c) Dwellinm one-family detached. ~ot to exceed ~0 dwelline on each {d) Dwelling. ~o4amily. (2) The foll~ine are pe~itted (a) A~artmenm may be pemined (1 ~ The explicit written approval of shall be obtained for the design, l~a- tion. access and other safety-related elements of ¢ve~ such apaHment. NO kitchens or othe~ ~cilifies pr~uc~g ment which th~ Fir¢ Prevention Inspector datelines to pose a ~ ~e habi~l~ fl~r ~ea of each dred fifty (450) ~uam feet. but in no not be Iomted on the flint floor of the ~il~ing, and lh~ ~Bment ~hafi York Stat¢ Unifom Fire Prevention Cod~. {3) ~e~e shall be ~o more than thre~ O) apanm~l~ c~aled o~ main- tained in any si~l~ building. {4) ~ch ~ent. or common hallway ~micin$ ~o ~) or three (3) a~ to the ou~de of the building. which must b~ distinct from the (5) Each ap~ent shall have le~t one (1) on-~ off-street ~arking apa~ me,ting ~ standards of this (6) Only the ~r of the buildine in which il ~ p~d to locme the a~a~ment(s) may ~ly for this c~l pcmit, ~e ~ of Ap~als shall ~qui~ t~t such applicant axe- other letal instruments mnnine mendatlon of the T~ A~omev. the la] ~e a~a~ent, or any prietam or other interest therein, will See L~al~, next page e r gals... (continUed fr6rn previous Page~ ~a~y. exccnt as ~0~ a sale of the entire haildi~ j~ which thc aDa]i- [b] Thc ~*mtent is made avail- [c~ T~e~i~tment is pfope~v ¢,,~vnd usaa ~ cxdndnd there- [dj Any ~)ther condition deq~ncd of ~ha ~'"Lb, he~P~S to meet ~u.~ is c6~.;~'twlt.q. (D ~ and tooris~ ~o~ ~ ~t ~ ~ ~1~ ~ B~n~. ~l~ and ~ Ufa ~ ~t ezcl~i~ of d~ ~ ~ to th~ ~uimm~ ~31. ~) ~ ~ "~ whole- ~)'~ ~ ~i~. ~) ~ ~ .~ a.~ ~.' ~N~.~ ~ and m ~¢~'. -.- ...- ,: ~ ,.. :_~, g~ ~ ~) in (~ ~ ~.~t ~h th (~) Mmel ~ ~1 ~s forth in and rcgulatnd by §1~- 61B(4) of th, Resort Reqid~ntlal (~R,) District. except that minimum lot siz~ shall t~ ~r~e O) acids.. fl0) Private ,b.ment~v or schools, colleges, and othar ~4~,. Gafiolml in~qtitutioos sub~ect t~ thc restrictions set forth Jn (11) Public utility rights of w~¥ as within thc town as set forth Jn ISloo- (Z~) Multip]e/row/town/attachnd 04) Rasmma~ts. *at.~out and for- mula food, subicct to the foll(wd~ (~,) Adequate parkin8 shall 5c nfo- vided in acoonl&nc~ with that reouired by Afficle XlX. Perkir~ and in reasonable walkin~ distance of the site or three hundred f~0O.) feet. whichever is less. The improvcmem or develoomeM of municipal parkhlg may bc used to sMisf~ this ment, Tha adoq~a~ of municipal oarking shall bc determined by the Plannin~ Board as ~ of/ts ~ite plan mv~cw procedure by conducgng a ~srkin~ surw¥ of the c,~aci~v of the accommodate tl~ pm~ected increase in usa~ du~ to the introduction of ~) Aa s~.,qn~nt of the potential traffic impacts of the proposed 1~ Irfo~t accomos~v - the long eh- appropriate mRiPJtion measures _elan. ~ There shall ha Bo Couriter ~p* outdom' Ual~c via a chive-in. walkup window or doo~ (4) Exterior ~-,~e shatt confom in ail respects to .~usicle XY.. muctur~, includlq, waste all,meal (',0 Tha I~y~ design inclw~;ng the pm'ticul~r ~15) Tom~iml?ous or truck. 6. Section 100.~I.C (Use insula- tions) Hamlet Business (HB) District is eR,' fegt~lVl~ ky $10031C(1) ik~gk (~/) o[' tha A~.¥dtofr2 to th~ mincipa~ use. exccl~ thane pro- I~ibitnd by thi~ el~a~ler. 12~ Garden house, mothoosc. ~or- ,~) Hom~ ~tion. in¢ludi*~ ~ pmfessiomd Or,Cc and ~tomc Business Dismct (B) (Usc regulations) is he.by amended as follows: A, Permitted uses, 1. A~y !n....i,~d *ici ~*t ~ S ~ t-4 r~u]~ by ll~ 31A(~ (1) ~c followin8 a~ c~:' ' fa) ~rieultural o~rati~ ~ (~ Auto repair f~ ~ardin~ou~s and tourist al~-61B~) of tha Rc~n R~id~fial ~ Di~tri~. (m) C~m~ ~ h~li- (n) ~feren~ fa~li~. (o) ~v ~ ~). (~ F~cr's m~anS hall ~OO-~fi~ (t) F~ f~ G~n Ma~d~h WhoE~le throe ~) feet of thc pm~ line, ~) N~ ~h~l, ~) po~pal ~i~ a~cs and I~) P~ic. cl~m~yna~ (gal) ~ir ~o~ for ho~hold, b~ine~ or ~nal' applhnce~- ~) Re~su~ ~clu~ for- ~ ~ten ~ ~ ~o~cr O0 ~fi~ ~i~s p~- (~ Wholesale/Fc~il ~vera;c. OD Wi~es u ~ foflh nd ~;u- b~d by ~ Wor~hons. ~ism' and ~ Wor~o~. Cm~ STATE OF NEW. ) SS: ~) I|H il f ~"")of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME~, a Weekly Newspaper, published 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 printed copy, has been regular* ly published__ in said Newspaper once each week for ~ weeks sqccessively, ~omrnencing on the/~ day of }N~.~... 19~Z Principal Clerk Business (B) District (Usc regulations) is halcby amended as follows: B. Uses permitted by special excision by thc Board of The fdlthwinn uses arc p~rmitted as a special exception bv thc Board of Appeals. as hereinafter provided. su~cct to Site plan ~l~rOVal by the fi) At~ a~isial smt~tiOA flit ~crtk h ~nd F~&t*s-'-d by ~ ZOO Chapter 8~ Ttufiot &nd ~milsr (j) ~ach clubs, tennig clubs. ~un~ clu~. Bolt clu~ ~blic ~olf cou~ and annual mem~h~ clu~ ~tcB~ e~u~ to m~- oley~unde. ~has. swimmi~ buildin~ and m~Btefl~n~ su~e~ to thc ~stfi~io~ in ~}) ~mcte~as whc~ ~ a pla~ of wo~ ~, · ~) Dfinkln~ ~blishmcn~. (7) Hotel or m~l ~s ~ ~t fo~ in and ~gulat~ ~ t1~61~4) the ~n Resi~m~l ~ Distfi~. ex,pt &at ~e minimum lot sh~l ~ th~ ~) ~s. (8) Ga~line ~i~ stations. [~t~ ~ ~ than ~n 00) f~t ~lic ~t-of-~y. {~ ~ ~i~ ~ ~ir O~ motor vi~ ~ cha~ of t~ or ~le of th~ ~y-fi~ ~) fcct ~m ~}) HO ~a~llnc or ~el pu~s or shoos or similar busthcsscs are to ha ~ted within t~vee hundred 0OO) feet of a chu~h, public s~l. I~. ~iml o~sn~ or ~t ho~. O) Ga~llne ~i~ stolons. t~ ~islo~ of SI~101~ he~- th and thc followi~ additional line fadli~ sh~ll b~ve a ~lified ~m~d ~ ~ ~er at ~e ~lf- ~i~ p~ id~d ~d the dis- ~nsi~ equ~mmt on the other A ~n~l ~all ~ ~d wh~ · c dish,ina cq~nt ~ ~ ~lf- ~i~ m,~ [~ w~ t~ ~n~l ~ ~ ~v ~n w~t- wcr, ~dnd~ w~n hc ~ ~mti~ tha dis~psi~ equiomcnt oo thc oacr p~ islam. fl~ of ~line to &e ~m~ di~ SuO a ~ner ~ m give ~c q~i~d ~t~ ~ of the ~i~ of ~id m~ di~8 ~u~nt, (d) ~ ~lf-~i~ pumo ~land · ~1 have ~mls oo ~1 pu~ ~t will ~it on~ when a m~ ad ac s~ for als pu~ is (c) ~e ~lf~wia pu~ · ~ ~ ~ ~ ~ act~adc ~-pm~ia s~mm in thc fora of ~ ~ ~m ~ ~r ~1~ w~ w~l ~ ~ ~ au~t- ~ ~ e~n~ish~ to dis~ ~i~ ~ ~v ~lf-~i~ di~he (10) ~tato~o~ R~seatch. ~s~n or ~l~enL p~ to t~ ~iMm~ f~ a ~e-hmi~ in 61~31: (13) ~te clcmcn~ or ~h~ls. ~1~ re~fi~ions ~ ~I~31. ~14) ~blic utili~ (continu~ from previous page) well ss structures and other in- stallations ne~saray to ~¢ ar~as within the t~n. subject to th~ ~stfi~ona in ~1~31. fl~) One*family detached dwclli~, not to ex.ed one (1) dwelling on e~ lot. (I6) Ros~u~ts. Fo~ula food located wit~ a shopping ~nter in Ibis ~. su~ to the following lng ~ ~id~ br by the ~icJe ~. Parking ~d ~adin$ Areas. of t~ls chap~, a~ such par~ng a~a shall ~ evail~l¢ wi~in the shop- ~Jn$ ~nter site to a~ommodate ~e {bi ~e o~mtion of the estab- {c) %gm ~l be au counter t~c existing color theme and si~Ina~¢ style of the shouDine center, (gl The existina exterior archi- tectural style of the shoreline center buildimz may not be altered or mod- ified in any way to accommodate the oroposed use. th) The usc must bc located with- in thc shopping center's main prima- ry building complex and may not be located within a sinele freestanding structure within the shot>Ding center (17) Restaurants. Take-out. pro- vid©d that eafinR on the premises of the take-out restaurant shall be per- mitred only inside the structure or in press specifically desitmated and t)roperlv maintained outside of the is forty thousand (40.000) square (18) Terminal/bus or truck. (19) T~ansportatlon service. (20) Veterinarian's offices and restrictions in t100-31. Business (B) (Use regulations) is here- by amended as follows: ond sn ~eguhtcd by ilO0 ~IC(1) through (S) ~nd (lO) ~f tho (~) A~y customary structures or ~o~ p~i~itod by thio ohaplc, (2) Boat dockin~ la,lilies for the [3) Garages. Plival¢. provided. ~owever. that not mo~ lhan ~o (2) (4) Garden house, toolhouse. in ~1~-31. that such animals shall not be Ihan ~ntv-five (25) fowl shall not be mnatm~d within fifty (50) feet of ~v line. fT) Off-street par~ing spaces within h,..,,inimum front yard. (8) Op¢n storage of materials or c9,uipmcnt, provided that such stoa- age shall he at least twenty-five feel from any lot line. not be more than six (61 feet high and be suitabty screened by a solid fence or other suitable means of at least six (6~ feet in heitht. (9) The storalle of either a boat Oi' travel trailer owned and used by the owner or occupant of the oremi~s on which such boat or travel trailer is stored, for his personal use. sub- leo to the restrictions of 1~100-31. (10) Wineries may have an cessorv air shop on the premises which may sell items accessory to wine. such as corkscrews. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, being duly sworn, says she affixed a notice of Town Clerk of the Town of Southold, New York, that on the 10th day of December 1997, which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk Count,/, New York, to wit: Town Clerk's Bulletin Board, Southold Towt~ Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Public Hearing on "A Local Law to Revise Business Uses, 5:00 p.m., Tuesday, December 23, 1997, Southold Town Hall. Sworn to before me this 10th day of December, 1997. ota r/~y 'Publi/~c~ JOYCE M. WILKINS Nota~, Public, State of New Yo~ No. 4952246, Suffolk County Term Expires June 12, 19J~ Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of October, 1997, a Local Law entitled, "A I-o~al Law to Revise Business Uses". 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, 53095 Main Road, Southold, New York, on the 23rd da), of December, 1997, at 5;00 p.m., at which time all interested persons will be heard. This proposed "Local Law to Revise Business Uses" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows:. A. Permitted uses (1) Any permitted use as set forth in and regulated by § 100 31A of the Agricultural Conservation District except wineries, which shall bo as set forth in Subsection A(2)(i) below. (1) The followinq uses are permitted uses without site plan approval by the Plannin~ Board: (a) Aqricultural operations and accessory uses thereto as set forth in and requlated by ~100-31. (b) Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellings, one-family detached, not to exceed one (1) dwellinq on each lot. (2) The followinq uses are oermitted uses subiect to site plan approval by the Planninq Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to tho following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [4] Libraries or museums. (c) Funeral homes. (d) Restaurants, except drive in restaurants. (e) Personal sorvioe stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. fa) Bed-and-breakfast uses as set forth in and as requlated by ~ 100-31. Page 2 - LL te .vise Business Uses regulations) (b) Ropair shops for hou~ohold, business or porconal applianoec, including cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops and motorcycle shops, landscaping and othor service businesses. (c) Garden Materials, Wholesal~ or retail sale and accessory storacle and display materials and plants, includincl nursery operations, provided that the outdoor storacle 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. Id/Professional and business offices. (e) Wineries which meet the followincl standards: [1 ] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Loncl Island qrapes is produced and sold. [2] Wineries shall have retail sales on site. Wholesale and warehousincl. 2. Section 100-81.B Limited Business District (LB) (Use is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) Any special exception usc as set forth in and regulated by § 100 31B of tho Agricultural Consorvation District, except that wineries are not roquired to bc in connection with a vineyard, and except bed and broakfasts. Apartment, One (1) accessory, in an existincl one-family dwellincl, subject to the restrictions in ~100-31. (2) Beach clubs, tennis clubs, country clubs, clolf clubs, public qolf courses and annual membership clubs caterincl exclusively to members and their cluests and accessory playclrounds, beaches, swimmincl pools, tennis courts, recreational buildincls and maintenance buildincls, subject to the restrictions in ~100-31. (3) Cemeteries where accessory to a place of worship only. (4) Dwellincl, two-family, not to exceed one (1) such dwellincl on each lot. (5) Historical society. Nursery schools. (7) Places of worship, includincl parish houses (but excludinq a rectory or parsonacle, which shall conform to the requirements for a one-family dwetlin¢O, subiect to the restrictions in ~100-31. (8) Private elementary or hiqh schools, collecles and other educational institutions, subject to the restrictions in ~100-31. (9) Public utility riqhts--of-way as well as structures and other installations necessary to serve areas within the town, subject to the restrictions in ¢d00-31. Page 3 - L.L tr ~vise Business Uses (10) Stables and ridinq academies. (11 ) Veterinarian's offices and animal hospitals, subiect to the restrictions in ~100-31. 3. Section 100-81 .C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followincl uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are qoverned by Article XX, are subiect to site plan review: (1) Any accessory use as set forth in and regulated by §100 31C (1) through (8) and (10) of Agricultural Conservation District, and subject to the conditions set forth in §100 33 thercof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Boat dockinq facilities for the dockinq, moorinq or accommodation of noncommercial boats, as set forth in and restricted by ~100-31. f3) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in §100-31. (4) Home occupation as set forth in and restricted by ¢~ 100-31. (5) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five fowl shall not be constructed within fifty (50) feet of any line. (6) Garacles, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictionsin §100-31. (9) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine. such as corkscrews, wine glasses, decanters, items for the storaqe and display of wine, books on winemakinq and the re.qion and nonspecific items bearinq the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 4. Section 100-91.A Hamlet Business District (HB) (Use regulations) is hereby amended as follows: A. Permitted uses. Page 4 - LL ,~evise Business Uses (1) Any permitted use set forth in and regulated by §100 31(A) and (3) of the Agricultural Conservation District. (2) Any permitted uses as set forth in and as regulated by §100 42A(2) of the Hamlet Residential District. (1) The followinq are permitted uses without site plan approval by the Planninq Board: ('a) Bed-and-breakfast uses as set forth in and as requlated by §100-31. (b) Buildinqs, structures and us~ed owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellinq,one-family detached, not to exceed (1) dwellinq on each lot. (d) Dwellinq, two-family. (2) The followinq are permitted uses subiect to site plan approval by the Planninq Board: fa) Apartments may be permitted over retail stores and business, professional and qovernmental offices, subiect to the followinq requirements: (1) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desiqn, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over fillinq stations, stores retailinq flammable or fume-producinq qoods, restaurants or other businesses with kitchens or other facilities producinq intense heat or any other establishment which the Fire Prevention ~nspector determines to pose a qreater-than-averaqe built-in fire risk. (2) 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 be located on the first floor of the buildinq, and the apartment shall contain all services for safe and convenient habitation, meetinq the New York State Uniform Fire Prevention and Buildinq Code and the Sanitary Code. (3) There shall be no more than three (3) apartments created or maintained in any sinqle buildinq. (4) Each apartment, or common hallway servicinq two (2) or three (3) apartments, shall have a separate access to the outside of the buildina, which must be distinct from the access to uses on the first floor. ('5) Each apartment shall have at least one (1) on-site off-street parkinq space meetinq the standards of this chapter, conveniently located for access to the apartment. ('6) Only the owner of the buildinq 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 such aqreements, contracts, easements, covenants, deed restrictions or other leqal instruments runnincl in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: Page 5 - LL ,~evise Business Uses [al The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire buildinc~ in which the apartment is located. lb1 The al~artment is made available for year-round rental. Ici The apartment is properly constructed, maintained and used, and unapproved uses are exctuded therefrom. Id] Any other condition deemed reasonable and necessary to ensure the immediate and Ionq-term success of the apartment in helpinq to meet identified housinq needs in the community is complied with. lb) Art, antique and auction qalleries. lc) Auditoriums or meetinq halls. (d/ Bakeshops ffor on-premises retail sale/. (e) Banks and financial institutions. (f) Boardinqhouses and tourist homes as set forth and reoulated by Section 100-61B of the Resort Residential (RR) District. (.fl) Bus or train stations. (hi Business, professional and qovernmental offices. (ii Health care, continuinq care and life care facilities, but excludincl facilities for the treatment of all types of druq addiction, subject to the requirements of ~100-31. ('i) Conference facility. (k) Day care (primary). (I) Dry cteanincl store. (mi Farmer's market. (n) Fitness and exercise studios. (o) Fraternal or social institutional offices or meetina halls. (pt Garden materials, wholesale/retail sales. (q) Church/house of wors/~ip. (r) Historical society. (s) Libraries. (t) Laundromats. (u/Museum. (vt Nursery school. ('w) Philanthropic, eleemosynary or reliqious institutions, (x) Personal service stores and shops, includinq barbershops, beauty parlors, professional studios and travel aclencies. Page 6 - LL t,~ ~vise Business Uses (v) Repair shops for household, business or personal appliances, includinq cabinet shops, carpenter shops, electrical shops. shops ..... plumbinq shops, furniture repair shops and bicycle motorcycle (z) Restaurants, excludinq formula food and take-out restaurants. (aa) Retail stores. (bb) Theaters or cinemas (other than outdoor). (cc) Workshops, Artists' and craftsmen's. (dd) Workshops, Custom. 5. Section 100-91 .B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exception by the Board of. Appeals. The followinq uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subiect to site plan approval by the Planninq Board: (1) Any special exception uso set forth in and as regulated by §100 31B(3) to (6) and (13) and (14) of the Agricultural Conservation (2) Nursery schools. (3) Philanthropic, eleemosynary or religious institutions, health care, continuing care and lifo facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the restrictions set forth in §100 31. (4) Multiple dwellings and townhouses. (1) Accessory apartment (one) in an existinq one-family dwellinq as set forth in (2) Annual membership club. (3) Commercial Recreation facility. (4) Drinkinq establishments. (5) Funeral homes. (6) Flea markets. (7) Garacles, Public. as set forth in and as reaulated by 5100-101B. (8) Gasoline service station as set forth in and as requlated by .~100-101B. (9) Motel and hotel uses as set forth in and renu ated by .~ 100- 61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. (10) Private elementary or hiqh schools, colle.qes, and other educational institutions subiect to the restrictions set forth in ¢~100- 31. (11 ) Public utility riqhts of way as well as structures and other installations necessary to serve areas within the town as set forth n .~100-31 Page 7 - LL to ~ /ise Business 112) Multiplelrowltownlattached dwellinas. (13) Parkinq lot. f14) Restaurants. takeout and formula food, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XlX, Parkinq and Loadinq Areas, of this chapter. Ail parkinq spaces shall be located within reasonable walkinq distance of the site or three hundred f300) 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 parkinq survey of the capacity of the existing municipal parking area to accommodate the proiected increase in usaqe due to the introduction of the subiect land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitiqation measures must be incorporated into the site plan. lc) 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 siqnaqe shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. re) Advertisements, including trademark loges, may not I~e affixed, painted or qlued onto the windows of the business or onto any exterior structures, includin~ waste disposal receptacles and flags. (fl 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 buildinqs, public spaces and uses in the particular location. (15) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are subiect to Article XX, are subiect 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. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool, swimming pool or tennis court incidental to the residential useof the premises and not operated for clain as set forth in ~100- 31. (3) Home occupation, includinq home professional office and home business office as set forth in ~100-31. Page 8 - LL to ,vise Business Uses regulations) (4) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkincl spaces shall be permitted within the minimum front yard. (5) Private qaraqes; provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (6) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in ~100-31. 7. Section 100-101.A General Business District (B) (Use is hereby amended as follows: A. Permitted uses. 1. Any permitted use sot forth in and regulated by §100 31A(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. (1) The followinq are permitted uses without site plan approval by the Planninq Board: ('a) Aqricultural operations and accessory uses thereto uses as set forth in and as requlated by ~100-31. (b) 8uildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (2) The followinq uses are permitted uses and are subiect to site plan approval by the Planninq Board: (a) Apartments over retail stores & offices as requlated under §100-91. (b) Art. antique and auction qalleries. (c) Auditoriums or meetinq halls. (d) Auto repair shop. (e) Bakeshops ffor on-premises retail sale). (f) Banks and financial institutions. (.q) Bed-and-breakfast uses as set forth in and as requlated by ~100-31B. (h) Boardinqhouses and tourist homes as set forth and regulated by ¢~100-61B(5) of the Resort Residential (RR) District.. (i) Business, professional and qovernmental offices. (i) Buildinq, electrical and plumbinq contractors' businesses or yards. fk) Bus or train stations. (I) Cold storaqe plants, bakinq and other food processinq and packaqinq plants that are not offensive, obnoxious or detrimental to neiqhborinq uses by reason of dust, smoke, vibration, noise, odor or effluent. Page 9 - LL to ~vise Business Uses (m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleaninq store. (q) Farmer's market. (r) Food caterinq. (s) Fraternal/Social institution or meetinq hall/non-profit). (t) Funeral homes. (u) Garden Materials. Wholesale or retail sale and accessory storaqe and display of supplies and plants, includinq nursery operations, provided that the outdoor storaqe 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. (v) Health care, continuinq care and life care facilities, but excludinq facilities for the treatment of all types of druq addiction, subiect to the requirements of ¢~100-31. (w) Historical Society. (x) Laundromats. (v) Libraries fz) Museums. (aa) Nursery school. fbb) Personal service stores and shops, includinq barbershops,beauty parlors, professional studios and travel a,qencies. fcc) Philanthropic, eleemosynary or reliaious institutions. (dd) Repair shops for household, business or personal appliances, includinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle and motorcycle shops. (ee) Restaurants, excludinq formula food and take-out restaurants. (fi) Retail stores. fqa) Telephone exchanaes. fhh) Theaters or cinemas (other than outdoor). (ii) Transportation services private, includina aarac~e and maintenance facilities. fii) Wholesale businesses, warehouses and buildinq material storaae and sale, but excludina storaae of coal, coke. fuel oil or junk. fkk) Wholesale/retail beveraqe distribution. Page 10 - LL tc .evise Business Uses regulations) (11) Wineries as set forth and requlated by ~100-81. (mm) Workshops, Artists' and craftsmen's. Workshops, Custom. 8. Section 100-101.B General Business (B) District (Use is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planninq Board: (1) Any special exception use as set forth in and regulated by § 100 31B(2) to (12), except wineries are not required to bo in connection with a vineyard. (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100 31B(14) of tho 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. (25) Stables and riding academies. (1) Beach dubs, tennis clubs, country clubs, qolf clubs, public qolf courses and annual membership clubs caterina exclusively to members and their quests and accessory playqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in ~100-31. Car wash. Cemeteries where accessory to a place of worship only. (4) Commercial recreation facilities, fully enclosed. f5) Drinkinq establishments. (6) Flea markets. (7) Hotel or motel uses as set forth in and requlated by ~, 100- 61B(4) of the Resort Residential fRR/District, except that the minimum lot size shall be three (3) acres. (8) Gasoline service stations, Public qaraqes, Car dealerships new and used motor vehicle lots, Vehicle rental, including the sale of recreation vehicles and trailers and boat sales, and accessory repair facilities, all subiect to the followinq requirements: fa) 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 backinq out across any public riqht--of-wav. (bi Vehicle lifts or bits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a buildinq. (c) All service or repair of motor vehicles, other than such minor servicinq as chanqe of tires or sale of qasoline or oil, shall be conducted in a buildinQ. Page 11 - LL t ~evise Business Uses (d) The storaqe of qasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five (35) feet from any property line other than the street line. (e) No qasoline or fuel pumps or tanks shall be located less than fifteen f15) feet from any street or property line. ff) No qasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanaqe or rest home. (9) Gasoline service stations, Partial self-service, subiect to all of the provisions of ~100-101B(8) herein and the followinq additional requirements: (a) Each partial self-service qasoline 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 requlatinq the flow of qasoline to the dispensinq equipment thereafter to be operated by the customer at the self- service pump island and the dispensinq equipment on the other pump islands. lb) 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 qasoline to the dispensinq equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, includinq when he is operatinq the dispensinq equipment on the other pump islands. lc) The console requlatinq the flow of qasoline to the remote dispensinq equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to .qive the qualified attendant controllinq said console an unobstructed view of the operation of said remote dispensinq equipment. ('d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensinq 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 extinquisher. (f) No customer shall be permitted to dispense qasoline unless he shall possess a valid motor vehicle operator's license. ('q) There shall be no latch-open device on any self-service dispensinq rhozzle. (10) Laboratories, Research, desiqn or development, provided that any manufacturinq shall be limited to prototypes and products for testinq. (11 ) Parkinq lot. (12) Places of worship, includinq parish houses (but exdudinq a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in .~100-31. (13) Private elementary or hiqh schools, colleqes and other educational institutions, subiect to the restrictions in ~100-31~ Page 12 - LL to .,vise Business Uses (14) Public utility riqhts-of-wav as well as structures and other installations necessary to serve areas within the town. subiect to the restrictions in ~100-31. fl 5) One-family detached dwellinqs, not to exceed one (1) dwellinq on each lot. (16) Restaurants, Formula food located within a shoppinq center in this zone, subject to the followinq requirements: (a) There must be sufficient parkinq as provided for by the Article XIX, Parkinq and Loadinq Areas, of this chapter, and such parkincl area shall be available within the shopping center site to accommodate the use. lb) The operation of the establishment shall not create traffic problems. There shall be no counter servinq outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or a walkup window or door. (d) Exterior signacle shall conform in all respects to Article XX, Siqns, of this chapter and, further, may not be lit from within. (e) Advertisements, includinq trademark loges, may not be affixed, painted or qlued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flaqs. (f) The signaqe must conform to the existing color theme and siqnaae style of the shoppinq center. lq) The existing exterior architectural style of the shopping center buildinq may not be altered or modified in any way to accommodate the ~roposed use. The use must be located within the shoppinq center's main primary buildina complex and may not be located within a sinqle freestandinq structure within the shoppinq center site. (17) Restaurants, Take-out, provided that eatinq on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desiqnated and properly maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40,000) square feet. (18) Terminal/bus or truck. (19) Transportation service, Private, includinq qaraqe and maintenance facilities. (20) Veterinarian's offices and animal hospitals1 subject to the restrictions in ~100-31. 9. Section 100-101 .C General Business (B) (Use regulations) is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are qoverned 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 tho Agricultural conservation District, subject to tho conditions set forth in 5100 33-thereof. Page 13 - LL to .,vise Business Uses (1) Anv customary structures or uses which are customarily incidental to the principal use. except those prohibited by this (2) Boat dockinq facilities for the dockinq, moorinq or accommodation of noncommercial boats, subiect to the restrictions in ¢~100-31. (3) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to Dersons not resident on the premises. (4) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subject to the restrictions in ~100-31. (5) Home occupation as restricted in .~100-31. (6) Horses and domestic animals other than household pets. provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8) Open storaqe of materials or equipment, provided that such storaqe shall be at least twenty-five (25) feet from any lot line. not be more than six (6) feet hiqh and be suitably screened by a solid fence or other suitable means of at least six (6) feet in heiqht. (9)The storacle of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the restrictions of §100-31. (10) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakinq and the reqion and nonspecific items bearin~ the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. II. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions Copies of this Local Law are available in the Office of the Town Clerk to any inte*ested persons during business hours. Dated: December 9, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 14 - LL t¢ evise Business Uses PLEASE PUBLISH ON DECEMBER AFFIDAVIT OF PUBLICA-~'ION TO HALL, PO BOX 1179, SOUTHOLD, NY Copies to the following: The Suffolk Times Town Board Members Town Attorney Sout!lold Town Planning Board Southold Towp Board of Appeals Southold Town Buildin~ Department Town Clerk's Bulletin Board 18, 1997, AND JUDITH TERRY, I~971. FORWARD ONE (l) TOWN CLERK, TOWN JUDITH T. TERRY TOWN C LElq, K REGISTRAR OF VITAL STATISTICS · M--~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, 5outhold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Sour.old Enclosures cc: Suffolk County Department of Planning/ Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of' Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department  ___'"<"' Signature Title JUDITH T. TERRY TOWN CLEi%K 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enctosed self-addressed, stamped envelope. Thank you. Judith T. Terz// Southold Town Clerk Enclosures cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport / Town of Shelter Island/ Town of Riverhead Town of' Southampton Southoid Town Planning Board Southold Town Board of Appeals Southold Town Building Department Title JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures cc; Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Date JUDITH T. TEP. RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FI~EEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of 5outhold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures cc: Suffolk County Department of Plannin.9~ Long island State Park Commission ~'~ Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Title Date JUDITH T. TEB. RY TOWN CLEP. K 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the anctosed self-addressed, stamped envelope. Thank you. Southold To// Judith 'F.wTnert~lerk Enclosures cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport/ Town of Shelter Island Town of Riverhead Town of' Southampton Southold Town Planning Board Southold Town Board of Appeals Southo/d Town Building Department ~ S~gnature JUDITH T. TERRY TOWN CLEP. K 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 (516) 766-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures cc: Suffolk County Department of Planning Long island State Park Commission Village of Greenport Town of Shelter Island Town of .Riverhead . / Town of Southampton *' Southold Town Planning Board Southold Town Board of Appeals Southoid Town Building Department Judith T. Ter},/y Southold Town Clerk Signature Title~ JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southoid, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of RiverheadV' Town of' Southampton Southold Town Planning Board Southold Town Board of Appeals 5outhold Town Building Department /~ Title uate JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTH©LD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of' Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department~/ Si~lna~tu re , Date JUDrrl~ T. TE~RY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI,ERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southoid, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures CC: Suffolk County Department of Planning Long island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appealsw Southold Town Building Department Signature · ~EC I O ~C~ Title ~-~ ~ Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 5:00 p.m., Tuesday, December 23, 1997, on a "Local Law to Revise Business Uses", a copy of which is enclosed herewith. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Enclosures cc: Suffolk County Department of Planning~.~. Long Island State Park Commission/~g~' Village of Greenport ~ . Town of Shelter Island~.~ · Town of Riverhead)/~e~' Town of' Southampton' ,~-~ · ,~ Southold Town Planning Board~. Southold Town Board of Appeals/~. Southold Town Building Oepartment~(~ Signature Title Date JUDITH T. TEP~R¥ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X New Zoning Ordinance Amendment of Zoning Cod~ Amendment of Zoning Map (Change of Zone) Location of affected land: Entire Town of Southold Suffolk County Tax Map No.: Within 500 feet of: The boundary of any village or town X The boundary of any existing or proposed county, state or federal park. X The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. X The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. X The existing or proposed boundary of any other county, state or federally owned land. X The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. X Airport COMMENTS: Proposed "Local Law to Revise Business Uses" attached hereto. Date: December 10, 1997 Judith T. Terry(-/' Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 9. 1997: WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of October, 1997, a Local Law entitled, "A Local Law to Revise Business Uses"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and responses; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 p.m., Tuesday, December 23, 1997, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: LOCAL LAW NO. - 1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81 .A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permitted uso as sot forth in and regulated by § 100 31A of the Agricultural Consolation District except wineries, whioh shall be as sot forth in Sub~.%,ction ^(2)(i) below. (1 / The followinq uses are permitted uses without site plan approval by the Planninq Board: fa) Aqricultural operations and accessory uses thereto as set forth in and requlated by ~100-31. lb) Buildinc~s, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. fo) Dwellinqs, one-family detached, not to exceed one (1) dwellinq on each lot. (2) The followinq uses are permitted uses subject to site plan approval by the Plannin.q Board: (al-Retail businesses complementary to tho rural and his 6har~aeter-ef the surrou~ding-area~-IimitesLto the-.fellew~,ng: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [4] Libraries or-museums. (d) Restaurants, except drive in restaurants. (.o)4~ersonaPsecvico st4~os and shops, including bar4aer~elae, beauty-f~aHer~-, p~efe$$ienaPstudios ~nd4r-avePageneiee. fa) Bed-and-breakfast uses as set forth in and as requlated by ¢i 100-31. (b)4~-epair shops for household, business or personal applia~:~,e~, icm=Juel~g cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops-a,r~l motorcycle shops, landscaping and other service businesses. (c) Garden Materials, Wholesale or retail sale and accessory storaqe and display materials and plants, includinq nursery operations, provided that the outdoor storacle 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. rd) Professional and business offices. (e) Wineries which meet the followinq standards: [1 ] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily LonQ Island qrapes is produced and sold. [2] Wineries shall have retail sales on site. Wholesale and warehousinq. 2. Section 100-81.B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) AAy-speeiaPexeectien use as set forth in and regulatod by § 100 31B of the Agricultural Conservation District, oxcopt that wineries are not required to be in connection with a vineyard, and e~:,elat~e(t-an d b r~-~akfa~s. (1) Apartment, One (1) accessory, in an existinq one-family dwelling, subiect to the restrictions in ¢~100-31. (2) Beach clubs, tennis clubs, country clubs, qolf clubs, public qolf courses and annual membership clubs caterinq exclusively to members and their ~3uests and accessory playqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in ~100-31. Cemeteries where accessory to a place of worship only. (4) Dwellinq, two-family, not to exceed one (1) such dwellinq on each lot. Historical society. (6) Nursery schools. f7) Places of worship, includinq parish houses (but excluding a rectory or parsonacle, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in ~100-31. (8) Private elementary or hiqh schools, colleqes and other educational institutions, subiect to the restrictions in ~100-31. f9) Public utility riqhts-of-way as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in .~100-31. (10) Stables and ridinq academies. (11 } Veterinarian's offices and animal hospitals, subiect to the restrictions in c~100-31. 3. Section 100-81 .C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followina uses are permitted as accessory uses and, except for residential accessory uses and sians, which are qoverned by Article XX, are subject to site plan review: ( 1 ) Any accessory use as set forth in and regulated..,~"' ~ ", nnw 3 ! G (4-)-thr-eu~Jh-(8) and (! 0)-ef Agricultural Con¢ervat4ec~Distriet,-and subject-te~he-c=,enditiens-set~ferth4n § 100 33 thereef: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Boat docking facilities for the dockinq, mooring or accommodation of noncommercial boats, as set forth in and restricted by ¢~100-31. (3) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in 6100-31. (4) Home occupation as set forth in and restricted by .~ 100-31. (5) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (6) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qaracles may be leased to persons not resident on the premises. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictionsin §100-31. (9) Wineries may have an accessory cliff shop on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakin¢~ and the reqion and nonspecific items bearinq the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 4. Section 100-91.A Hamlet Business District (HB) (Use regulations) is hereby amended as follows: A Permitted uses. (1) Any perrnitted-.use~et forth in and regulated by § 100 3 I(A) a,,'4d (3~ef~he Ag ric=,ultural-Gen se rvatien-Distri6t. (2) Any permitted uses as set forth in and as regulated by §100 42A(2) of the Hamlet Residential District. (1) The followin¢l are permitted uses without site plan approval by the Planninq Board: (a) Bed-and-breakfast uses as set forth in and as reaulated by §100-31. (b) Buildinqs, structures and used owned or operated by the Town of Southold, school districts, park districts and fire districts. lc) Dwellinq,one-family detached, not to exceed (1) dwellinq on each lot. rd) Dwellinq, two-family. (2) The followinq are permitted uses subiect to site plan approval by the Planninq Board: (a) Apartments may be permitted over retail stores and business, professional and qovernmental offices, subject to the followinq requirements: (11 The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desiqn, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over fillin(~ stations, stores retailinq flammable or fume-producinq qoods, restaurants or other businesses with kitchens or other facilities producinq intense heat or any other establishment which the Fire Prevention Inspector determines to pose a qreater-than-averaqe built-in fire risk. (2) 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 f750) square feet. The apartment shall not be located on the first floor of the buildinq, and the apartment shall contain all services for safe and convenient habitation, meetinq the New York State Uniform Fire Prevention and Buildinq Code and the Sanitary Code (3~ There shall be no more than three (3) apartments created or maintained in any sinclle buildinq. (4) Each apartment, or common hallway servicinq two (2) or three (3) apartments, shall have a separate access to the outside of the buildinq, which must be distinct from the access to uses on the first floor. (5} Each apartment shall have at least one (1) on-site off-street parkinq space meetina the standards of this chapter, conveniently located for access to the apartment. (6} Only the owner of the buildinq 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 such a~reements, contracts, easements, covenants, deed restrictions or other leqal instruments runninq in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [al The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire buildinq in which the apartment is located. [bl The apartment is made available for year-round rental. Icl The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. [d] Any other condition deemed reasonable and necessary to ensure the immediate and Ion~-term success of the apartment in helpinq to meet identified housina needs in the community is complied with. (b) Art, antique and auction qalleries. (c) Auditoriums or meetincl halls. Bakeshops ('for on-premises retail sale). Banks and financial institutions. ff) Boardinqhouses and tourist homes as set forth and requlated by Section 100-61B of the Resort Residential (RR) District. (q) Bus or train stations. (h) Business, professional and qovernmental offices. (i) Health care, continuinq care and life care facilities, but excludin~ facilities for the treatment of all types of druq addiction, subiect to the requirements of ~100-31. fi) Conference facility. (k) Day care (primary). fl) Dry cleaninq store. fm) Farmer's market. (n) Fitness and exercise studios. fo) Fraternal or social institutional offices or meetinq halls. (p) Garden materials, wholesale/retail sales. lq) Church/house of worship. fr) Historical society. (s) Libraries. (t) Laundromats. (u) Museum. (v) Nursery school. (w) Philanthropic, eleemosynary or reliqious institutions. (x) Personal service stores and shops, includinq barbershops, beauty parlors, professional studios and travel aqencies. (v) Repair shops for household, business or personal appliances, includinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle shops.an~l motor-eyre (z) Restaurants, excludinq formula food and take~out restaurants. ../ ('aa) Retail stores. (bb) Theaters or cinemas (other than outdoor). (cc) Workshops. Adists' and craftsmen's. (dd) Workshops. Custom. 5. Section 100-91 .B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Plannin(l Board: (4) Any special oxception use set forth in and as rcgul3ted by §100 31B(3) to (6) and (13) and (1-1) of the Agricultural Consorvatio~ Oistr~. (2) Nursery schools. (3) Philanthropic, eloemosynary or religious institutions, health ~inuing caro and life facilities, but excluding f~ci!itiee for tho treatment of ail types of drug addictio~, subject to the restrictions sot forth in §100 31. (,1) Multiple dwelli~gs and townheuees. (1) Accessory apartment (one)in an existinq one-family dwellinq as set forth in ~100-31. (2) Annual membership club. (3~ Commercial Recreation facility. (4) DrinkinCl establishments. (5) Funeral homes. (6) Flea markets. (7) Garaqes, Public, as set forth in and as requlated by ~100-10t B. (8) Gasoline service station as set fodh in and as requlated by ~100-101 B. (9) Motel and hotel uses as set forth in and reClulated by ~ 100- 61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three f3) acres. (10) Private elementary or hiqh schools, colleges, and other educational institutions subject to the restrictions set forth in ~100- 31. fl 1) Public utility riqhts of way as well as structures and other installations necessary to serve areas within the town as set fodh in .~100-31. (12) Multiple/row/town/attached dwellinqs. (13) Parkinq lot. (14) Restaurants. takeout and formula food, subiect to the followinq requirements: (a) Adequate parkinq shall be provided in accordance with that required by Article XIX, Parkinq and Loadinq Areas, of this chapter. All parkinq spaces shall be located within reasonable walkin¢~ distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parkincl may be used to satisfy this requirement. The adequacy of municipal parkinq shall be determined by the Planninq Board as part of its site plan review procedure by conductinq a parkinq survey of the capacity of the existinq municipal parkinq area to accommodate the proiected increase in usaqe due to the introduction of the subiect land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the lonq environmental assessment form. The appropriate mitiqation measures must be incorporated into the site plan. There shall be no counter servinq outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or walkup window or door. (d) Exterior siqnaqe shall conform in all respects to Article XX, Siqns. of this chapter and, further, may not be lit from within. (e) Advedisements, includin.q trademark Ioqos, may not be affixed, Bainted or Qlued onto the windows of the business or onto any exterior structures, includinq waste disposal receptacles and flac~s. (f~ The physical desiqn, includinq color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildinqs, public spaces and uses in the particular location. (15) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are subiect to Article XX, are subiect to site plan review: (1) Aocessory uses as set forth in and regulated by § 100 31 C(1 ) through (7) of tho Agricultural Conservation District, and subjeet-te- the conditions set forth in § 100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Garden house, toolhouse, storaqe buildin.q, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential useof the premises and not operated for qain as set forth in ~100- 31. (3) Home occupation, includinq home professional office and home business office as set forth in ¢~100-31. (4) Off-street parkin~l spaces accessory to uses on the premises. Not more than four f4) off-street parkinq spaces shall be permitted within the minimum front yard. Private qaraqes: provided, however, that not more than two Bassenqer automobile spaces in such qaraqes may be leased to -Bersons not resident on the premises. (6) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in ~100-31. IO 7. Section 100-101 .A General Business District (B) (Use regulations) is hereby amended as follows: A. Permitted uses. 1. A~y permitted use set fodh in r~nd regulated by §100 31A(2) 3nd (3) of the Agric=ultural-Conse~vatien Distr4~. 2. Any permitted use set forth in and regulated by §100 91A(3) to (19) of the Hamlet Business District. (1) The rollowinq are permitted uses without site plan approval by the Planninq Board: (a) Aqricultural operations and accessory uses thereto uses as set forth in and as requlated by .~100-31. (b) Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (2) The followinq uses are permitted uses and are subject to site plan approval by the Planninq Board: (a) Apartments over retail stores & offices as requlated under §100-91. (b) Art. antique and auction qalleries. (c) Auditoriums or meeting halls. (d) Auto repair shop. (e) Bakeshops (for on-premises retail sale). (f} Banks and financial institutions. (q} Bed-and-breakfast uses as set forth in and as ref:lulated by ~100-31B. (h) Boardinqhouses and tourist homes as set forth and requlated by ~100-61B(5) of the Resort Residential (RR) District.. (i) Business, professional and qovernmental offices. II (i) Building, electrical and plumbin~l contractors' businesses or yards. (k) Bus or train stations. (I) Cold storaqe plants, bakinq and other food processinq and packaqinq plants that are not offensive, obnoxious or detrimental to neiqhborinq uses by reason of dust, smoke, vibration, noise, odor or effluent. '(m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleaninq store. (q) Farmer's market. (r) Food caterinq. (s) Fraternal/Social institution or meetinq hall (non-profit). (t) Funeral homes. (u) Garden Materials, Wholesale or retail sale and accessory storaqe and display of supplies and plants, includinq nursery operations, provided that the outdoor storaqe 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. (v) Health care, continuinq care and life care facilities, but excludinq facilities for the treatment of all types of druq addiction, subject to the requirements of ~100-31. (w) Historical Society. (x) Laundromats. (y) Libraries (z) Museums. regulations) (aa) Nursery school. (bb) Personal service stores and shops, includinq barbershops,beauty parlors, professional studios and travel agencies. (cc) Philanthropic, eleemosynary or reliqious institutions. (dd) Repair shops for household, business or personal appliances, indudinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle and motorcycle shops. (ee) Restaurants, excludinq formula' food and take-out restaurants. (fi) Retail stores. (q¢~) Telephone exchanqes. (hh) Theaters or cinemas (other than outdoor). (ii) Transpodation services private, inctudinq qarage and maintenance facilities. (ii) Wholesale businesses, warehouses and buildinq material storaqe and sale, but excludinq storaae of coal, coke, fuel oil or junk. (kk) Wholesale/retail beveraqe distribution. '(11) Wineries as set fodh and requlated by 6100-81. (mm) Workshops, Artists' and craftsmen's. (nn) Workshops, Custom. 8. Section 100-101.B General Business (B) District (Use is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subiect to site plan approval by the Plannincl Board: (1) Any special exception use as set fecth in and regulate¢lay-~j ! 00 3! B(2) to (12), oxoept wineries are not required to be in 6er~ne6tie~-w~ir~eyar(l. (3) Bed and breakfast enterprises or boarding and/or tourist hemee ae-set.-fedh-ir~-an~l-¢egulate~l-by § 10(;;) 3 ! B( 14 ) ~4he~r4cultucal~ Gense~vation District, e~(6ept-that~q,o siteflgl~n 3plgreval-is-¢e~luired. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. ,,o~ S~ables-and riding academiee. (1) Beach clubs, tennis clubs, country clubs, ¢~olf clubs, public golf courses and annual membership clubs caterin¢l exclusively to members and their quests and accessory playgrounds, beaches, swimminq pools, tennis couds, recreational buildinqs and maintenance buildings, subiect to the restrictions in ~100-31. (2} Car wash. (3) Cemeteries where accessory to a place of worship only. (4) Commercial recreation facilities, fully enclosed. (5) Drinkinq establishments. (6) Flea markets. (7} Hotel or motel uses as set forth in and requlated by 6 100- 61B(4} of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. (8~ Gasoline service stations, Public ~araqes, Car dealerships now and used motor vehicle lots, Vehicle rental, including the sale ef~e6reation vehicles and trailers and boat sales, and accessory repair facilities, all subiect to the followina 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 backinq out across any public riqht-of-way. (b) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (c) All service or repair of motor vehicles, other than such minor servicinq as change of tires or sale of gasoline or oil, shall be conducted in a building. (d) The storage of qasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five (35) feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (f) No 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. (9) Gasoline service stations, Partial self-service, subiect to all of the provisions of ~100-101B(8) 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 requlating the flow of qasoline to the dispensing equipment thereafter to be operated by the customer at the self- service pump island and the dispensinq 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. lc) The console requlatin.q the flow of aasoline to the remote dispensinq equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to aive the aualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. 15 rd) The self-service pump island shall have controls on atl pumps that will permit said pumps to operate only when a dispensinq 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 bv an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinquisher. (f) No customer shall be permitted to dispense qasoline unless he shall possess a valid motor vehicle operator's license. (q) There shall be no latch-open device on any self-service dispensinq nozzle. (10) Laboratories, Research, design or development, provided that any manufacturinq shall be limited to prototypes and products for testin.q. (11) Parkinq lot. (12) Places of worship, includinq parish houses (but excludina a rectory or parsonaqe, which shall conform to the requirements for a one4amilv dwellinq), subject to the restrictions in ~100-31. (13) Private elementary or hiqh schools, colleqes and other educational institutions, subject to the restrictions in ~100-31. (14) Public utility riahts-of-way as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ~100-31. (15) One-family detached dwellinqs, not to exceed one (1 } dwellinq on each lot. (16) Restaurants, Formula food located within a shoppinq center in this zone, subiect to the followinq requirements: (a) There must be sufficient parkinq as provided for by the Article XIX, Parkinq and Loadinq Areas, of this chapter, and such parkina area shall be available within the shoppinq center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. 16 (c) There shall be no counter serving outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or a walkup window or door. (d) Exterior siqna~e shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, includinq trademark Ioqos, may not be affixed, painted or ¢~lued onto the windows of the business or onto any exterior structure, includinCl waste disposal receptacles and flaqs. (f) The siqnaqe must conform to the existin~ color theme and siqnaqe style of the shoppinq center. (q) The existinq exterior architectural style of the shoppinq center buildinq may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shoppinq center's main primary buildinq complex and may not be located within a sinqle freestandinq structure within the shoppinq center site. (17) Restaurants, Take-out, provided that eatincl on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desiclnated and properly maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40,000) square feet. (18) Terminal/bus or truck. (19) Transportation service, Private, includinq qaraqe and maintenance facilities. (20) Veterinarian's offices and animal hospitals, subiect to the restrictions in ~100-31. 9. Section 100-101 .C General Business (B) (Use regulations) is hereby amen~led as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are qoverned by Article XX, are subiect to site plan review: (1) Accessory uses set forth in and as regulated by §100 31-G(~) through (8) and (10) of the Agricultural conservation District, sul~e~t to the~en~litiens set-ferthAn §~90 33~theCeef. (1) Any customary structures or uses which are customarily incidental to the principal use. except those proh~v this (2) Boat dockin~ facilities for the dockinq, moorin~ or accommodation of noncommercial boats, subiect to the restrictions in c~100-31. (3) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such ~araqes may be leased to persons not resident on the premises. (4) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool. swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in 6100-31. (5) Home occupation as restricted in §100-31. (6) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8) Open storaqe of materials or equipment, provided that such storaqe shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet hiqh and be suitably screened by a solid fence or other suitable means of at least six (6) feet in heiqht. f9)The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictions of §100-31. (10) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storaqe and display of wine, books on winemakinq and the reqion and nonspecific items bearinq the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use bv the employees. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions REVISBU2. DOC Judith T~ Terry ~/ Southold Town Clerk December 10. 1997 LOCAL LAW NO. - 1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permittcd use as set forth in and regulated by § 100 31A of tho Agricultural Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (1) The followinq uses are permitted uses without site plan approval by the P~anninq Board: (a) Aqricultural operations and accessory uses thereto as set forth in and regulated by ¢~100-31. (b) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellinqs, one-family detached, not to exceed one (1) dwellinq on each lot. (2) The followinq uses are permitted uses subject to site plan approval by the Plannin~ Board: (a) Retail businesses complementary to the rural and historic character of the surrounding arc-a, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and maohine shops. Id] Libraries or museums. (c) Funeral homes. (d) Restaurants, except dri¥c in restaurants. (e) I~ersonal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (al Bed-and-breakfast uses as set forth in and as requlated by .~ 100-31. (b) Repair shops for household, business or personal appliances, including cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops 3nd motorcycle shops, landscaping and other service businesses. (c) Garden Materials. Wholesale or retail sale and accessory storaqe and display materials and plants, includincl nursery operations, provided that the outdoor storacle or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the properly line. Professional and business offices. (e) Wineries which meet the followinq standards: [11 Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Lonq Island arapes is produced and sold. Wineries shall have retail sales on site. Wholesale and warehousinq. 2. Section 100-81 .B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) Any special exception use as sot forth in and regulated by § 100 31B of the Agricultural Conservation District, except that wineries are not required to bc in connection with a vineyard, and except bed and breakfasts. (1) Apartment, One (1/accessory, in an existina one-family dwellina, subiect to the restrictions in .~100-31. (2) Beach clubs, tennis clubs, country clubs1 qolf clubs, public qolf courses and annual membership clubs caterinq exclusively to members and their quests and accessory playqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinas, subject to the restrictions in ~100-31. (3) Cemeteries where accessory to a place of worship only. (4) Dwellinq, two-family, not to exceed one (1) such dwellinq on each lot. (5) Historical society. (6) Nursery schools. (7) Places of worship, indudinq parish houses fbut excludinq a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq), subject to the restrictions in ~100-31. ('8) Private elementary or hiqh schools, colleqes and other educational institutions, subiect to the restrictions in ~100~31. (9) Public utilitv riqhts-of-wa¥ as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ~100-31. (10) Stables and ridinq academies. (11 ) Veterinarian's offices and animal hospitals, subiect to the restrictions in ¢~100-31. 3. Section 100-81 .C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are qoverned by Article XX, are subiect to site plan review: (1) Any accessory use as set forth in and regulated by §100 31C (1) through (8) and (10) of Agricultural Consorvation District, and subject to the conditions set forth in §100 33 theroof. {'1 ) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited bv this chapter. (2) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, as set forth in and restricted by ~100-31. (3) Garden house, toolhouse, storaqe building, playhouse, wadinq pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the restrictions in ~100-31. Home occupation as se[ forth in and restricted by ¢~ 100-31. (5) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. lC) Garaqes, Private, provided, however, that not more than two (2) passenger automobile spaces in such qara(~es may be leased to persons not resident on the premises. (7) Off-street parkincl spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (8) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use. subiect to the restrictionsin ,~100-31. (9) Wineries may have an accessory aift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemakinq and the region and nonspecific items bearinq the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 4. Section 100-91 .A Hamlet Business District (HB) (Use regulations) is hereby amended as follows: A. Permitted uses. (1) Any permitted uso set forth in and regulated by §100 31(A) and (3) of the Agricultural Conservation District. (2) Any permitted uses as set forth in and as regulated by §100 42A(2) of the Hamlet Residential District. (1) The followinq are permitted uses without site plan approval by the Planninq Board: (al Bed-and-breakfast uses as set forth in and as requlated by §100-31. (b) Buildinqs, structures and used owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellinq, one-family detached, not to exceed fl) dwelling on each lot. (d) Dwellinq, two-family. (2) The followinq are permitted uses subject to site plan approval by the Planninq Board: (a) Apartments may be permitted over retail stores and business, professional and qovemmental offices, subject to the followinq requirements: (1 / The explicit written approval of the Town Fire Prevention Inspector shaJl be obtained for the desiqn, location, access and other safetv-related elements of even/such apartment. No apartment shall be permitted over filling stations, stores retailinq flammable or fume-producing qoods, restaurants or other businesses with kitchens or other facilities producincj intense heat or any other establishment which the Fire Prevention Inspector determines to pose a qreater-than-averaqe built-in fire risk. (2) 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 be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meetinq the New York State Uniform Fire Prevention and Buildinq Code and the Sanitar~ Code. (3) There shall be no more than three (3) apartments created or maintained in any sinqle buildinq. (4) Each apartment, or common hallway servicinq two (2) or three (3) apartments, shall have a separate access to the outside of the buildinq, which must be distinct from the access to uses on the first floor. (5) Each apartment shall have at least one (1) on-site off~street parkinq space meetinq the standards of this chapter, conveniently located for access to the apartment. f6) Only the owner of the buJldinq 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 such aclreements, contracts, easements, covenants, deed restrictions or other leqal instruments runninq in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: Iai The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire buildinq in which the apartment is located. The apartment is made available for year-round rental. Ici The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. rd] Any other condition deemed reasonable and necessary to ensure the immediate and Iona-term success of the apartment in helpinq to meet identified housinq needs in the community is complied with. (bt Art, antique and auction qalleries. Auditoriums or meetinq halls. (d/ Bakeshops (for on-premises retail sale). Banks and financial institutions. (fi Boardinqhouses and tourist homes as set forth and requlated by Section 100-618 of the Resort Residential (RR/District. lq) Bus or train stations. (h) Business, professional and Qovernmental offices. (i) Health care, continuinq care and life care facilities, but excludinq facilities for the treatment of all types of druq addiction, subject to the requirements of ~100-31. fi) Conference facility. (k) Day care fprimary). (I) Dry cleaninq store. fro) Farmer's market. fn) Fitness and exercise studios. (o) Fraternal or social institutional offices or meetinq halls. fp) Garden materials, wholesale/retail sales. (q) Church/house of worship. fr) Historical society. rs) Libraries. ft) Laundromats. fu) Museum. fv) Nursery school. fw) Philanthropic, eleemosynary or reliqious institutions. (x) Personal service stores and shops, includinq barbershops, beauty parlors, professional studios and travel aqencies. (VI Repair shops for household, business or 0ersonal appliances, includinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle shops.and rnotorcyclo shops. (z) Restaurants, excludinq formula food and take-out restaurants. ('aa) Retail stores. (bb) Theaters or cinemas (other than outdoor). (cc) Workshops, Artists' and craftsmen's. (dd) Workshops, Custom. 5. Section 100-91 .B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subiect to site plan approval bv the Planninq Board: (1) Any spccial exception use set forth in and as regulated by §100 31B(3) to (6) and (13) and (14) of the Agricultural Conservation (2) Nursery schools. (3) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the restrictions set forth in §100 31. (4) Multiple dwellings and townhouses. (1) Accessory apartment (one) in an existinq one-family dwellinq as set forth in §100-31. (2) Annual membership club. (3) Commercial Recreation facility. f4) Drinkinq establishments. (5) Funeral homes. (6) Flea markets. (7) Garaqes, Public, as set forth in and as reclulated by §100-101 Gasoline service station as set forth in and as requlated by 00-101 B. (9) Motel and hotel uses as set forth in and requlated by 6 100- 61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. (10) Private elementary or hiqh schools, colleges, and other educational institutions subject to the restrictions set forth in c~100- 31. (11 ) Public utility riqhts of way as well as structures and other installations necessary to serve areas within the town as set forth in 6100-31. ('12) Multiple/row/town/attached dwellinqs ('13) Parkinq lot. (14) Restaurants, takeout and formula food, subject to the followinq requirements: fa) Adequate parkinq shall be provided in accordance with that required by Article XlX, Parkinq and Loadinq Areas, of this chapter. All parkinq spaces shall be located within reasonable walkinq distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parkinq may be used to satisfy this requirement. The adequacy of municipal parkinq shall be determined by the Pfanninq Board as part of its site plan review procedure by conductinq a parkinq survey of the capacity of the existinq municipal parkinq area to accommodate the proiected increase in usaqe due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the tonq environmental assessment form. The appropriate mitiqation measures must be incorporated into the site plan. (c) There shall be no counter servinq outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or walkup window or door. (d) Exterior siqnaqe shall conform in all respects to Article XX, Siqns, of this chapter and, further, may not be lit from within. (e) Advertisements, includinq trademark Ioqos, may not be affixed, painted or qlued onto the windows of the business or onto any exterior structures, includinq waste disposal receptacles and flaqs. (f') The physical desiqn, includinq color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildinqs, public spaces and uses in the particular location. (15) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are subject to Article XX, are subiect to site plan review: (1) Accessory uses as set forth in and regulated by § 100 31 C(1 ) through (7) of the Agricultural Conservation District, and subject to the conditions set forth in § 100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool. swimminq pool or tennis court incidental to the residential useof the premises and not operated for qain as set forth in ~100- 31. (3) Home occupation, includinq home professional office and home business office as set forth in ~100-31. f4) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (5) Private qaraqes; provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (6) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in ¢~100-31. 10 7. Section 100-101 .A General Business District (B) (Use regulations) is hereby amended as follows: A. Permitted uses. 1. Any permitted uso set forth in and regulated by §100 31A(2) and (3) of the Agricultural Conservation District. 2. Any permitted use sot forth in and regulated by §100 91A(3) to (19) of the Hamlet Business District. (1 t The followinq are permitted uses without site plan approval by the Planninq Board: (a) Aqricultural operations and accessory uses thereto uses as set forth in and as reaulated by 5100-31. lb) Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (2) The followina uses are permitted uses and are subiect to site plan approval by the Planninq Board: fa) Apartments over retail stores & offices as requlated under §100-91. (b) Art, antique and auction qalleries. (c/ Auditoriums or meetinCl hails. rd) Auto repair shop. re) Bakeshops (for on-premises retail sale). (fl Banks and financial institutions. (q) Bed-and-breakfast uses as set forth in and as requlated by ~100-31B. (h) Boardinqhouses and tourist homes as set forth and requlated by .~100-61B(5) of the Resort Residential (RR) District.. (il Business, professional and qovemmental offices. (ii Buildin¢l, electrical and plumbinq contractors' businesses or yards. (k) Bus or train stations. (I) Cold storaqe plants, bakincl and other food processinq and packaqincl plants that are not offensive, obnoxious or detrimental to neiqhborinq uses by reason of dust, smoke, vibration, noise, odor or effluent. (m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleaninq store. (q) Farmer's market. (r) Food caterinq. (s) Fraternal/Social institution or meetinq hall (non-profit). (t) Funeral homes. (u) Garden Materials, Wholesale or retail sale and accessory storaqe and display of supplies and plants, includinq 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. (vi Health care, continuinq care and life care facilities, but excludinq facilities for the treatment of all types of druq addiction, subject to the requirements of 6100-31. (w) Historical Society. (x/Laundromats. (y/ Libraries (z) Museums. 12 (aa) Nursery school. (bb) Personal service stores and shops, includinq barbershopslbeautv parlors1 professional studios and travel a,qencies. (cc) Philanthropic, eleemosynary or reliaious institutions. (dd) Repair shops for household, business or personal appliances, indudinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle and motorcycle shops. (ee) Restaurants, excludinq formula food and t;~ke-out restaurants. (fi) Retail stores. ('qq) Telephone exchanqes. (hh) Theaters or cinemas (other than outdoor). (ii) Transportation services private, includinq qaraqe and maintenance facilities, (ii) Wholesale businesses, warehouses and buildinq material storaqe and sale, but excludin~ storaqe of coal, coke, fuel oil or iunk. (kk) Wholesale/retail beveraqe distribution. (11) Wineries as set forth and requlated by ~100-81. (mm) Workshops, Artists' and craftsmen's. (nn) Workshops, Custom. 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appea~s. as hereinafter provided, subiect to site plan approval by the Planninq Board: (1) Any special exccption uso as set forth in and regulated by § 100 31B(2) to (12), except wineries are not required to be in connection with a vineyard. (3) Bed and breakfast enterprises or boarding and/or tourist homos as set forth in and regulated by § 100 31B(14) of tho ^gricultura( 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. (25) Stables and riding academies. (1/Beach clubs, tennis clubs, country clubs, qolf clubs, public qolf courses and annual membership clubs caterinq exclusively to members and their quests and accessory playqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in ~100-31. (2/Car wash. (3) Cemeteries where accessory to a place of worship only. (4) Commercial recreation facilities, fully enclosed. (5) Drinkinq establishments. (6) Flea markets. (7) Hotel or motel uses as set forth in and requlated by .~ 100- 61B(4} of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. (8) Gasoline service stations, Public qaraqes, Car dealerships now and used motor vehicle lots, Vehicle rental, including the sale of recreation vehicles and trailers and boat sales, and accessory repair facilities, all subiect to the followinq requirements: fa) 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 backinq out across any public riqht-of-way. 14 lb) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a buildinq. (c) All service or repair of motor vehicles, other than such minor servicinq as chanqe of tires or sale of qasoline or oil, shall be conducted in a buildinq. (d) The storaqe of qasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five f35) feet from any property line other than the street line. (el No qasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. ff) No qasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanaqe or rest home. f9) Gasoline service stations, Partial self-service, subject to all of the provisions of ~100-101 B(8) herein and the followinq additional requirements: fa) Each partial self-service qasoline 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 requlatinq the flow of qasoline to the dispensinq equipment thereafter to be operated by the customer at the self- service pump island and the dispensinq equipment on the other pump islands. (bt 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 qasoline to the dispensinq 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 operatinq the dispensinq equipment on the other pump islands. (c) The console requlatinq the flow of qasoline to the remote dispensinq equipment thereafter operated bv the customer at the self-service pump island shall be situated in such a manner as to qive the qualified attendant controllinq said console an unobstructed view of the operation of said remote dispensinq equipment. (d) The self-service Pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensincl 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 dp/ powder release which will act as an automatic fire extinquisher. (f-) No customer shall be permitted to dispense clasoline unless he shall possess a valid motor vehicle operator's license. There shall be no latch-open device on any self-service dispensinq nozzle. (10) Laboratories, Research, desiqn or development, provided that any manufacturinq shall be limited to prototypes and products for testinq. (11 ) Parkinq lot. (12) Places of worship, includinq parish houses (but excludinq a rectory or parsonaqe, which shall conform to the recluirements for a one-family dwellinq), subject to the restrictions in 6¢ 00-31. (13) Private elementary or hiqh schools, collecles and other educational institutions, subject to the restrictions in ~100-31. fl 4) Public utility riclhts-of-wa¥ as well as structures and other installations necessary to serve areas within the town, subject to the restrictions in ~100-31. (15) One-family detached dwellincls, not to exceed one (1) dwellinq on each lot. (16) Restaurants, Formula food located within a shoppincl center in this zone, subject to the followincl recluirements: (a) There must be sufficient parkincl as provided for bv the Article XIX, Parkinq and Loadinq Areas, of this chapter, and such parkinq area shall be available within the shoppincl center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. lc) There shall be no counter servinq outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or a walkup window or door. Exterior siqnaqe shall conform in all respects to Article XX, Siqns, of this chapter and, further, may not be lit from within. (e) Advertisements, includinq trademark Ioaos, may not be affixed, painted or qlued onto the windows of the business or onto any exterior structure, includinq waste disposal receptacles and flags. The siqnaqe must conform to the existina color theme and siqnaqe style of the shoppinq center. (q) The existin~ exterior architectural style of the shoppinq center buildinq may not be altered or modified in any way to accommodate the proposed use. The use must be located within the shoppinq center's main primary buildina complex and may not be located within a sinqte freestandinc! structure within the shoppinq center site. (17) Restaurants, Take-out, provided that eatinq on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desiqnated and properly maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40,000) square feet. (18') Terminal/bus or truck. t'19) Transportation service. Private, includinq qaraqe and maintenance facilities. (20) Veterinarian's offices and animal hospitals, subiect to the restrictions in ¢~100-31. 9. Section 100-101.C General Business (B) (Use regulations) is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are qovemed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as rcgulated by §100 31 C(1 ) through (8) and (10) of the Agricultural conservation District, 17 subject to the conditions set forth in §100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use. except those prohibited by this (2`) Boat dockinq facilities for the dockinq, moorinq or accommodation of noncommercial boats, subject to the restrictions in 6100-31. (3) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qara<3es may be leased to persons not resident on the premises. (4~ Garden house, toolhouse, storaqe buildinq, playhouse, wadin~ pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in ¢i100-31. (5`) Home occupation as restricted in .~100-31. (6) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50') feet of any line. (7`) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8`) Open storaqe of materials or equipment, provided that such storaqe shall be at least twenty-five (25`) feet from any lot line, not be more than six (6) feet hiqh and be suitably screened by a solid fence or other suitable means of at least six f6) feet in heiqht. (9)The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the restrictions of §100-31. (10) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakinq and the reqion and nonspecific items bearinq the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. II. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions REVISBU2.DOC 12/5/97 Part III Environmental Assessment Form (EAF) for a Draft Local Law to Revise Business Uses Town of Southold, New York N&P Project No. 97311 December 1997 Part III Environmental Assessment Form (EAF) for a Draft Local Law to Revise Business Uses Town of Southold, New York N&P Project No. 97311 December 1997 Local Law to Revise Business Uses Long EAF, Part 3 Part III Environmental Assessment Form (EAF) Draft Local Law to Revise Business Uses Town of Southold, New York Prepared by: Town of Southold Town Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 (516) 427-5665 Contact: Charles J. Voorhis, CEP, AICP ii Local Law to Revise Business Uses Long EAF, Part 3 Part HI Environmental Assessment Form (EAF) Draft Local Law to Revise Business Uses Town of Southold, New York TABLE OF CONTENTS 1.0 INTRODUCTION P~el 2.0 PURPOSE OF THE PROPOSED ORDINANCE P~c2 3.0 SETTING AND IMPACTS 3.1 Land Use 3.2 Traffic Resources 3.3 Cultural Resources 3.4 Economic Considerations P~e5 P~e5 P~e8 P~e9 P~e9 4.0 SUMMARY Page 11 APPENDICES Page 12 iii Local Law to Revise Business Uses Long EAF, Part 3 Part IH Environmental Assessment Form (EAF) Draft Local Law to Revise Business Uses Town of Southold, New York 1.0 ~TRODUCTION This document is a Long Environmental Assessment Form, Part 3, prepared for the Town of Southold Town Board, and is intended to provide documentation to aid in the assessment of the potential impacts ora proposed Draft Local Law to Revise Business Uses. This law is a proposed amendment to the Southold Town Code, and would amend the sections of the Town Code which regulate the uses allowed in the Hamlet Business, General Business and Limited Business zones. The intention is to revise the Zoning Ordinance to better meet stated Town land use goals as reflected in the 1985 Master Plan Update and 1994 Stewardship Task Force Recommendations, as well as in the stated purpose of each zoning district contained within the current Code. The proposed revisions also seek to regulate additional business uses which were not addressed under the original Code. Other changes are intended to streamline the application process for some uses which are considered desirable within specific zoning districts. The proposed law is attached as Appendix A of this document. Both the Town Master Plan Update and the Stewardship Task Force Recommendations call for business growth to be concentrated in the hamlet centers within the Town. The outlying areas, particularly the lands along SC Route 48, are recommended for residential and agricultural uses with limited business development. The present Town Code defines three business zoning districts, including the General Business district (B), the Hamlet Business district (I-lB), and the Limited Business district (LB). These districts were defined within a 1989 revision to the Town Code, which was also intended to better meet the goals of the Town Master Plan Update. The majority of business uses are encouraged in the Hamlet Business district, with more land- intensive business uses within the General Business district, and low-intensity and recreational business uses within the Limited Business district. The currently proposed local law would retain these zoning categories, but redefines the allowed uses within each zone, particularly within the LB district. In addition, types of uses which were not included anywhere within the original Code have been added to the appropriate zoning category. This Long Environmental Assessment Form is intended to aid in assessing the potential environmental impacts of the proposed law. Page 1 Local Law to Revise Business Uses Long EAF, Pert 3 2.0 PURPOSE OF THE PROPOSED ORDINANCE The draft ordinance is intended to revise the existing zoning Code to better meet the recommendations of the Town Master Plan and Stewardship Task Force Report. These reports emphasize the need to maintain the rural and historic quality of the Town by concentrating commercial development within the existing hamlets along the NYS Route 25 corridor. The goal is to create lively, tourist oriented hamlets along NYS Route 25, while SC Route 48, which runs parallel to NYS Route 25, would be maintained as a rural highway carrying the majority of through traffic. Most of the Limited Business zoned property within the Town is located along SC Route 48 and rural portions of NYS Route 25, while the General Business and Hamlet Business zoned properties are located primarily along NYS Route 25, with a large orb zoning on SC Route 48 in Southold. The draft law would revise the allowed uses within the three business zoning categories to reduce the intensity of development within the LB zone, while encouraging more tourist-oriented development throughout all three zoning districts. The primary revisions involve changes to the uses allowed within the Limited Business districtnor changes to the uses allowed within the General and Hamlet Business zones. The proposed revisions also include addition of some uses, like fitness facilities and day care, which were not previously addressed by the Code. Other changes would the modify the type of approval required for some uses, streamlining the application process. Much of the draft Code is a restatement of the language present in the existing Code, which cross-references between sections, utilizing the Agricultural district (AD) and Hamlet Density Residential (HI)) sections for a basal list of allowed uses. The revised Code contains a full list of the permitted uses for each zoning category, and will greatly improve clarity over the existing Code. The following text will discuss the changes to the allowed uses within each of the business zoning categories. The proposed draft ordinance will retain the purpose of each zoning category as stated in the current Code. These purposes were first outlined within the 1989 revision to the Code, which was also revised to better meet the Town's land use goals as stated in the Master Plan Update. According to the existing Town Code, the purpose of the Limited Business (LB) zoning district is tO: "provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from the surrounding uses. The ,~d,'litianal uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area." The need to limit commercial development outside of the hamlet centers was recognized in both the Master Plan and Stewardship Task Force Report. General retail uses are excluded from these areas under the existing Code, but the draft ordinance revises the allowed uses within the LB zoning district to better fulfill this goal. Several uses which were previously allowed within the Page 2 Local Law to Revise Business Uses Long EAF, Part 3 zone have been omitted, and would be redirected to the General or Hamlet Business zones. These include uses which might be considered incongruent with the rural areas of the Town or which would be expected to generate significant traffic, including antique and craft shops, custom workshops and machine shops, libraries, museums, funeral homes, restaurants, personal service shops, many types of repair shops, philanthropic, eleemosynary or religious institutions such as health care, continuing care and life care facilities. Children's recreational camps and farm labor camps have also been removed from the list of permitted uses within the LB zoning district, but will continue to be permitted within the Agricultural zoning district. Child care and yard sales/auctions would also be omitted as allowed accessory uses within the district, child care facilities would now be a permitted use under the new day care category within all three business zones. Nursery schools, which provide an educational program in addition to child care, would be allowed by Special Exception within the LB zoning district, as is the case under the existing Code. The LB zone may also still be used for lighter business uses such as offices, warehousing and wholesale operations, nursery operations, wineries and bed and breakfast establishments, as well as for single family development and agricultural uses. The Stewardship Task Force Report recommends that the Code be revised to encourage bed and breakfast operations within the Town, in order to promote tourism while maintaining the historic character of the Town. The Report suggests that the original Code is too restrictive, as it requires both site plan approval from the Planning Board and a Special Exception from the Zoning Board of Appeals. The revised Code would require only site plan approval for bed and breakfasts in all three business zoning districts. The existing Code states that the intended purpose of the Hamlet Business (I-IB) zone is to: "provide for business development in the hamlet central business areas, including retail, office and service uses, public and semi-public uses, as well as hotel and motel and multi, family residential development that will support the retail development and provide a focus for the hamlet area." The allowed uses within the I-lB district have been only slightly revised, although some uses which were not previously treated in the Code have been added. In addition, some desirable uses which were previously permitted only by Special Exception would now be allowed outright under the draft ordinance. Most of the uses not previously treated in the Code were added to reflect relatively recent types of businesses or to encourage tourism. These include fitness and exercise facilities, day care facilities, farmers markets, and conference facilities. The Stewardship Task Force Report specifically suggested creation of a farmers market within the Town in order to attract tourists. Some public uses which help contribute to the sense of place within the hamlets have also been added within the proposed Code or would now be permitted without a Special Exception. These uses include historical societies, houses of worship, fraternal organizations, nursery schools, and eleemosynary and religious institutions, including life care facilities for senior citizens. In addition, bed and breakfast establishments, boarding/tourist homes and accessory apartments over retail stores would no longer require Special Exception, which should promote use of the hamlet centers, particularly at night. Finally, common business uses were added or Page Local Law to Revise Business Uses Long EAF, Part ~3 would no longer require a Special Exception, including dry cleaning stores, funeral homes, and sale of garden materials. Certain other uses were added to the Hamlet Business zne, but would be allowed only with a Special Exception, in order to address noise, traffic and other impacts on a case by case basis. These uses are commonly found in hamlet centers, and include parking lots, bus or truck terminals, gasoline service stations, and commercial recreational facilities. Both single family and multifamily residential development will continue to be permitted within the HB zone, although Special Exception approval would be required for multifamily and attached dwellings, as is the case under the existing Code. The only uses omitted under the proposed Code which were previously permitted within the I-IB zone are motorcycle repair shops. Some accessory uses which are inappropriate within a hamlet center would also be omitted from the revised law, including individual boat docking facilities, keeping of horses and other livestock, and yard sales/auctions. Child care was omitted as an accessory use, although both nursery schools and day care are now included within the list of permitted uses. The purpose of the General Business district (B) as stated in the original Code is to: "provide for retail and wholesale commercial 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." Revisions to the allowed uses within the B zoning district involve inclusion of a greater variety of commercial businesses such as day care facilities, farmers markets, conference facilities, and food catering. In addition, several commercial uses which previously required a Special Exception from the Zoning Board of Appeals will now be permitted outright, including auto repair shops, dry cleaning stores, commercial recreational facilities, and transportation services. Community uses such as historical society, nursery school, fraternal meeting hall, health care/life care facilities, and eleemosynary/religious institutions have been added or will no longer require a Special Exception. Boarding/tourist homes, bed and breakfasts, and apartments over retail uses will also now be permitted without Special Exception to encourage tourism and expand residential options within the Town. Other uses which might be inappropriate in an intensive commercial setting or which are preferred in other zoning districts were omitted from the list of allowed uses within the zone. These include multifamily residential development, stables and riding academies, RV and boat sales, farm labor camps, and children's recreational camps. Single family development would continue to be allowed by Special Exception, as is the case under the existing zoning ordinance. Child care and yard sales/auctions have been omitted from the list of allowed accessory uses, but both day care and nursery schools are included as permitted uses, as is discussed above. As in the HB zone, parking lots, gasoline service stations and bus/truck terminals will be allowed by Special Exception. Page 4 Local Law to Revise Business Uses Long ES, F, Pnrt 3 3.0 SETTING AND IMPACTS The Town of Southold is a rural township with a mix of agricultural areas and small rural hamlets, and encompasses approximately 54 square miles. The Town occupies a peninsula approximately 21 miles in length, and includes several off-shore islands. The maximum width of the peninsula is approximately 5 miles. Two primary arteries, NYS Route 25 and SC Route 48, run east/west through the Town, although only NYS Route 25 reaches the tip of the peninsula at Orient Point. The historical hamlex centers are located along NYS Route 25, while the lands along SC Route 48 are primarily agricultural. There is relatively little commercial and industrial development within the Town. The bulk of commercial development is located within the hamlet centers, although there are other isolated areas of commercial development along both roadways, as well as on the western end of Fisher's Island. The primary impacts from the implementation of the proposed ordinance are expected to be related to land use, aesthetics and traffic. The revised law will not preclude development, and commercial development will continue to be allowed within all three zones. The intensity of land use may be decreased slightly under the revised ordinance, particularly within the LB zoning district, but setbacks, parking requirements, and other zoning regulations will not be altered. Some newly permitted uses, such as dry cleaning facilities or funeral homes, may have the potential for impacts to natural resources due to chemical usage or other factors, however, these uses were already allowed within other districts and can be regulated on a case-by-case basis as well as by health and environmental agencies. Waste discharges are regulated under the Suffolk County Sanitary Code, and can be only indirectly addressed through a zoning ordinance. Thus, the draft law is not expected to offer any substantial change in the protection of natural resources within the Town. Protection of both natural and cultural resources will continue to be offered through the State Environmental Quality Review Act in conjunction with other environmental laws such as the Suffolk County Sanitary Code, and is generally based upon site specific review. Thus, this section will focus primarily on land use and traffic impacts. 3.1 Land Use The land use goals of the Town are expressed within the Town Code, as well as within the Stewardship Task Force Report and the Town Master Plan Update. Both reports recommend that new commercial development be concentrated within the existing hamlets, with the intent of encouraging active, pedestrian oriented village centers while maintaining the rural atmosphere of the outlying areas. The Task Force Report suggests that the blurting of the distinction between the hamlet and countryside within the Town be avoided as a priority. Other recommendations within the Task Force Report which are relevant to the draft ordinance were aimed at promoting tourism and preserving the historic character of the hamlets. The Town Code outlines three commercial zoning designations: Limited Business (LB), Hamlet Business (HB), and General Business (B). Almost all of the I-lB zoned lands are Page 5 Local Law to Revise Business Uses Long EAF, Part ;3 located at the center of the existing hamlets, while both the LB and B zoned lands are primarily along NYS Route 25 and SC Route 48, outside of the hamlet centers. Most of the business zoned lands along SC Route 48 are concentrated to the north of the hamlet of Southold, while areas of LB and B business zoning can be found along most of NYS Route 25, with the exception of the easternmost portion of the Town. The Master Plan recommends that in general, retail commercial uses and service business be located only in the HB zoning district, and that the B zoning district be reserved for intensive uses which would be inappropriate in the hamlet centers. The Plan Update also recommends that expansion of strip development along the two highway corridors be discouraged, as this type of development may weaken the existing commercial centers while contributing to traffic congestion and undermining the visual character of the Town. The proposed local law attempts to bring the Zoning Code into closer alignment with the goals and objectives of the comprehensive Master Plan and Stewardship Task Force Report, as well as with the stated purpose of the three zoning districts as outlined within the 1989 revision to the Town Code. The primary changes proposed within the draf~ ordinance are to the allowed uses within the LB zoning district. The allowed uses within the HB and B districts would remain largely unaltered, although the type of approval required has been changed for some uses. The following text will discuss the proposed changes to the proposed Code in more detail. Several more intensive land uses have been removed from the list of permitted uses within the LB zoning district under the proposed Code. This will help reduce the intrusion of commercial development into rural portions of the Town, particularly along the highway corridors. Uses which have been eliminated from list of permitted uses include antique and craft shops, custom workshops and machine shops, libraries, museums, funeral homes, restaurants, personal service shops, many types of repair shops, philanthropic, eleemosynary or religious institutions such as health care, continuing care and life care facilities. Most of these uses are highly visible or generate high levels of traffic, while some, such as libraries and museums, would be preferred within the I-lB district because they contribute to a "sense of place" with a hamlet. The uses which will continue to be allowed within the zone, such as offices, plant nurseries, wholesale and warehousing, recreational uses, stables, and veterinarians offices, are more consistent with the rural and historically agricultural base of the town. Bed and Breakfasts would no longer require Special Exception approval, which should help encourage preservation of older homes and promote tourism with minimal impacts. Thus, the proposed revision will help further the goal of reducing commercial intrusion within the rural areas of the Town. The proposed local law would not eliminate currently permitted uses from the HB zone, with the exception of motorcycle repair shops, although additional uses which might contribute to the vitality of the hamlet centers have been added or will no longer require a Special Exception approval. These uses include places of worship, funeral homes, fraternal halls, historical societies, day care, nursery schools, libraries, museums, and fitness facilities, as well as additional residential uses such as townhouses, adult life care Page 6 Local Law to Revise Business Uses Long EAF, Part 3 facilities, and apartments over stores. The Stewardship Task Force Report realizes the need to encourage tourism within the Town, and thus, the proposed Code would be revised to allow conference facilities and farmers markets, and Special Exception approval would no longer be required for bed and breakfasts and boarding/tourist homes within the district. None of these uses are expected to be inconsistent with the existing character of the hamlet centers. Although the proposed changes in the HB zoning district may encourage growth within the hamlets, this growth should be consistent with existing land use patterns. There are four uses which will be added under the proposed Code which have the potential for land use conflicts, particularly in the more historic portions of the Town. These include commercial recreational facilities, parking lots, automobile service stations and truck/bus terminals, all of which will require Special Exception approval. These types of uses are necessary within a vital hamlet center, but appropriate location and site design must be carefully considered to minimize potential conflicts. Some accessory uses which are inappropriate within a hamlet center would also be omitted from the revised law, including individual boat docking facilities, keeping of horses and other livestock, and yard sales/auctions. The proposed revisions to the General Business district portion of the Code are minor, and primarily involve addition of uses not included within the original Code, such as day care facilities, farmers markets, conference facilities, and food catering. In addition, auto repair shops, dry cleaning stores, commercial recreation facilities, and transportation services would no longer require Special Exception approval. Some uses which might be inappropriate in an intensive commercial setting have been omitted, including multifamily residential development and stables and riding academies. Neither the existing nor the proposed Code insure that the B zoning district will be utilized only for more intensive land uses, and the potential for strip commercial development along the major roadways remains under the amended Code. Such development has been occurring along SC Route 48 in recent years. Although much of the land within the HB and B zoning districts is already developed, the proposed Code could be strengthened to insure that in-filling and reuse of developed sites is congruent with the goal of concentrating most commercial uses within the hamlet centers. Many of the uses allowed within the B zoning district would be preferred within the lib zoning district, as they would aid in strengthening the hamlet centers. These include most types of retail uses, as well as public facilities such as houses of worship, bed and breakfasts, and fraternal halls. The revisions to the B zoning district are not expected to result in significant land use impacts, but the proposed amendment of Town Code could be further strengthened by aloowing some uses only within the FIB zoning district. In summary, the proposed Code should have a beneficial impact on land use within the Town, and is more in keeping with the Town's stated land use goals. More intensive land uses have been removed from the list of permitted uses within the LB zoning district, and Page 7 Local Law to Revise Business Use~ Long EAF, Part several desirable uses will now be encouraged within the I-lB zone through inclusion within the list of permitted uses or removal of the requirement for Special Exception approval. In particular, tourist oriented businesses such as bed and breakfasts and farmers markets are encouraged. These changes should help contribute to the vitality of the hamlet centers while minimizing commercial intrusion into the rural portions of the Town. There is remaining LB and B zoning along SC Route 48, and the Town Board may also wish to consider other actions to help minimize the potential for commercial strip development in these areas. Possible actions include rezonings of' some of these areas to residential/agricultural uses as suggested in the Stewardship Task Force Report or further restrictions on the uses allowed within the B zoning district to allow only those uses which are inappropriate within the HB zoning district. 3.2 Traffic One of the intentions of the proposed zoning ordinance is to minimize traffic congestion within the Town. Both the Master Plan Update and Stewardship Task Force Report recommend that SC Route 48 be utilized for through traffic, with only minimal development, and that new commercial development would be preferred within the existing hamlet centers along NYS Route 25, where traffic that moves more slowly. The reports both recommend that strip development be discouraged along both Routes 25 and 48, in order to minimize traffic impacts and redirect commercial development toward the hamlet centers. The existing Code indicates that the LB zoning district is intended for uses with low traffic generation. The draft ordinance would further restrict the allowed uses within the zone by eliminating high traffic generating uses from the LB zoning district, including retail, restaurant and service uses. This will further minimize traffic impacts along SC Route 48 and NYS Route 25 outside of the hamlet centers. Traffic intensive, B business uses will remain along both arteries, however, much of the B lands within the Town are already developed. As the proposed ordinance does not increase the number of B zoned properties within the Town, it is not anticipated that traffic generation from in-filling within the B zoning district will be significant. Furthermore, such in-filling would occur with or without the proposed revisions to the ordinance, and the newly allowed uses are not expected to generate higher traffic than the uses permitted under the existing Code. The proposed Code redirects most commercial uses toward the hamlet centers, with the intention of creating a pedestrian oriented, village atmosphere. The intention is to allow smooth traffic flow between the hamlet centers, particularly along SC Route 48, with multiple uses available by foot within the hamlet centers. Thus, although growth may occur within the hamlets, traffic should not increase significantly. In order to accommodate the increased traffic, parking lots have been added as a Special Exception use to the Hamlet Business zone, where the density and small size of commercial uses generally require off-site parking. Page 8 Local Law to Revise Business Uses Long EAF, Part 3 In summary, the proposed revision to the Town Code is not expected to result in a significant change in generation of traffic within the Town. Traffic would be expected to increase within the Town whether or not the proposed revisions are approved, and the proposed ordinance seeks to minimize impacts by eliminating uses with high traffic generation from the LB zoning district and by concentrating commercial development within pedestrian oriented hamlet centers. Rezoning of the B zoned parcels along SC Route 48 for residential or agricultural uses as suggested in the Stewardship Task Force Report would further reduce traffic impacts along this major artery; however, this is beyond the scope of the Code revisions contemplated under this action and would require other initiatives. 3.3 Cultural Resources Preservation of the aesthetic and historic character of the Town was recognized as a primary goal within both the Town Master Plan Update and the Stewardship Task Force Report. The proposed revisions to the ordinance should further this goal by encouraging commercial development within the hamlet centers and maintaining the rural areas along SC Route 48. Thus, the overall impact on cultural resources, including aesthetic and historical resources would be positive. As was discussed above, some of the uses which will be added within the HB district have the potential for land use conflicts, including commercial recreational facilities, parking lots, automobile service stations and truck/bus terminals, as well as some types of retail uses; however, these uses can be evaluated on a case-by-case basis under review for a Special Exception. The location and site design must be carefully considered to minimize potential conflicts, particularly within the more picturesque, historic hamlets or residential transition areas. The use of architectural review, innovative site design and historic preservation are all crucial in promoting growth within the hamlets while maintaining the special quality of the Town. These issues are discussed in some detail within the Stewardship Task Force Report, and should be implemented whether or not the proposed ordinance is approved. 3.4 Economic Considerations The proposed local law achieves a balance between encouraging business uses in the Town while directing those uses to the areas which are traditionally and geographically best able to accommodate them. There are no uses which have been entirely omitted fi.om the Code, and several new uses which were not previously addressed within the Code have been included. In addition, the application process for some uses has been simplified, as Special Exception approval would no longer be required. Several of the proposed changes to the Code are intended to help support sustainable tourism within the Town and to bring increased vitality to the hamlet centers. The law adds residential uses within the HB zoning district, including apartments over commercial Page 9 Local Law to Revise Busines~ U~e~ Long EAF, Part ~3 uses and multifaimily dwellings. Conference facilities, catering operations and farmers markets have been added as new uses within one or more zones, and bed and breakfasts and boarding/tourist homes would no longer require Special Exception approval. Other uses added to the Code reflect the increased societal demands for these services, such as child care and exercise facilities, or uses which help contribute to a sense of place within the FIB districts, such as libraries, and places of worship. The number of permitted uses within the Limited Business zone has been reduced to minimize commercial intrusion into the rural portions of the Town, and the remaining uses should be help preserve these areas while supporting the tourist industry. In general, the net impact of the proposed ordinance on the local economy should be beneficial, as it will allow growth while preserving the special character of the Town which makes it attractive to both local residents and tourists. While some types of business will be more restricted in locating within the Town, others will benefit from the proposed revisions. Page 10 Local Law to Revise Business Uses Long EAF, Part ~3 4.0 SUMMARY In summary, the proposed local law will allow development of the Hamlet Business, General Business and Limited Business zoning districts while better conforming to the hamlet center concept set forth both in the Town Master Plan Update and Stewardship Task Force Recommendations Report. Much of the language of the ordinance is a formal restatement 6fthe existing Code, and is intended to improve the clarity of the Town Code which currently utilizes a system of cross referencing between zones. The primary changes to the Code involve a reduction in the number of uses within the Limited Business zoning district, and an increase in the number of uses permitted outright within the Hamlet Business zoning district. Uses not treated under the existing Code have also been added to both the General Business and Hamlet Business zoning districts. The net effect of these changes on the Town should be beneficial, and include improved traffic flow and protection of the special character of the Town. New development will continue to be reviewed on a site specific basis to ensure that any substantial environmental impacts are mitigated. Page 11 Locnl Lnw to Revise Business Uses Long EAF, Part 3 APPENDIX A PROPOSED ORDINANCE Page 12 LOCAL LAW NO, ~ - 1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permitted use as set forth in and regulated by § 100 31A of thc Agricultural Conservation District except wineries, which shall bc as set forth in Subsection A(2)(i) below. (1 ~ The followin(3 uses are permitted uses without site plan approval bv the Plannin(~ Board: (al Aqricultural operations and accessorv uses thereto as set forth in and reoulated bv 5100-31. (bi Buildin(as. structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (c') Dwellinqs. one-family detached, not to exceed one (1 ~ dwellinq on each lot. (2~ The followincl uses are permitted uses subiect to site Dian aDproval by the Plannincl Board: (a) Retail businesses complementary to thc rural and historic character of the surrounding area, limited to thc following: [1] Antique, art and craft shops and gallerics. [2] Custom wod~shcps and machine shops. [4] Libraries or museums. (c) Funeral homes. regulations) (d) Restaurants, except drive in restaurants. (o) I~ersonal scr',,ice stores and shops, including barbershops, beauty p,~rlors, professional studios and travel agencies. (a) Bed-and-breakfast uses as set forth in and as rec~ulated by ~ 100-31. (b) Repair shops for household, business or personal appliances, including cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops motorcycle shops, lands~ping and other senzice businesses. (c) Garden Materials, VVholesale or retail sale and accessory storaQe and disl21av materials and plants, includincl nurser,/ operations, provided that the outdoor storaQe or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three f3) feet of the property line. (d) Professional and business offices. Wineries w~ich meet the followina standards: rl] Wineries shall be a farm winer,/licensed under New York State law from which wine made from primarily Lon(3 Island clral~es is [~roduced and sold. [2] Wineries shall have retail sales on site. Wholesale and warehousina. 2. Section 100-81.B Limited Business District (LB) (Use is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) Any special exception usc as sst forth in and rcgulatcd by § 100 31B of thc Agricultural Conscr,/ation District, except that wineries arc not rcquircd to bc in conncction with a vincyard, and except bed '~nd breakfasts. (1 ~ Apartment. One (1) accessory, in an existinq one-family dwellinq, subiect to the restrictions in 5100-31. (2~ Beach clubs, tennis clubs, country clubs. (~olf clubs, public qolf courses and annual membership clubs caterincl exclusively to members and their quests and accessory plavqrounds, beaches. swimminq pools, tennis courts, recreational buildinQs and maintenance buildinqs, subiect to the restrictions in ¢i100-31. Cemeteries where accessory to a place of worship only. (4) Dwellinq, two-family, not to exceed one (1) such dwetlina on each lot. (5~ Historical society. (61 Nursery schools. (7} Places of worship, includinQ parish houses fbut excludincl a rectory or parsonaqe, which shall conform to the requirements for a one-family dwelline), subiect to the restrictions in r~100-31. (8~ Private elementary or hiqh schools, colleaes and other educational institutions, subiect to the restrictions in .~100-31. (9) Public utility riqhts-of-wav as well as structures and other installations necessary to serve areas within the town. subiect to the restrictions in 5100-31. (10~ Stables and ddinq academies. (11 ) Veterinarian's offices and animal hospitals, subiect to the restrictions in 5100-31. 3. Section 100--81.C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followinq uses are oermitted as accessory uses and. except for residential accessory uses and sions, which are aovemed by Article XX. are subject to site plan review: (1) Any occossory uso as sst forth in and rcgulatod by §100 31C (I) [hrough (8) and (10) of Agricultural Consorvation District, and subject to tho conditicns set forth in §'~00 33 thcrcof. regulations) (11 Any customary structures or uses which are customarily incidental to the principal use. except those prohibited by this chapter. (2) Boat dockina facilities for the dockinq, moorinq or' accommodation of noncommercial boats, as set forth in and restricted by 5100-31. (3~ Garden house, toolhouse, storaae buildina, playhouse, wadinq pool. swimmin~l pool or tennis court incidental to the residential use of the premises and not operated for aain, subject to the restrictions in 6100-31. (4~ Home occupation as set forth in and restricted by ~ 100-31. (5~ Horses and domestic animals other than household pets. provided that such animals shall not be housed within forty feet of any lot line. Housina for flocks of more than twenty-five (25') fowl shall not be constructed within fifty f50') feet of any line. f6~ Garaqes. Private. provided, however, that not more than two passenqer auto'mobile spaces in such qaraaes may be leased to persons not resident on the premises. f7) Off-street oarkina spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (81 The storaqe of either a boat or travel trailer owned and used bv the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use. subiect to the restrictionsin ,~ 100-31. f9~ Wineries may have an accessory aift shoo on the premises which may sell items accessory to wine, such as corkscrews, wine alasses, decanters, items for the storacle and display of wine. books on winemakina and the reclion and nonspecific items bearina the insiania of the winery. Wineries may not have a commercial kitchen as an accessory use but mav have a noncommercial kitchen facility for odvate use bv the employees. 4. Section 100-91.A Hamlet Business District (HB) (Use is hereby amended as follows: A. Permitted uses. (1) Any permittcd usc sot forth in and regulated by §100 31(A) and (3) of tho Agricultural Conservation District. (2) Any permitted uses as set forth in and as regulated by §100 '12A(2) of the Hamlet Residential District. (1 ~ The followinq are permitted uses without site plan approval by the Plannincl Board: Bed-and-breakfast uses as set forth in and as requlated by §100-31. (bi Buildinas. structures and used owned or operated by the Town of Southold. school districts, park districts and fire districts. (c~ Dwellina.one-famil¥ detached, not to exceed (1) dwelline on each lot. (dl Dwetlincl. two-family. (2) The followin'cl are permitted uses subiect to site elan approval by the Planninq Board: fa) Apartments may be permitted over retail stores and business, grofessional and qovemmental offices, subiect to the followincl rec!uirements: (1 / The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desiqn, location, access and other safety-related elements of ever,/such apartment. No apartment shall be permitted over fillinQ stations, stores retailinq flammable or fume-croducin~l cloods, restaurants or other businesses with kitchens or other facilities oroducine intense heat or any other establishment which the Fire Prevention Inspector determines to pose a clreater-than-averaqe built-in fire risk. (2~ The habitable floor area of each a~artment shall be at least four hundred fifty (450~ souare feet. but in no case more than seven hundred fiftv f750) souare feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meetinq the New York Slate Uniform Fire Prevention and Buildina Code and the Sanitary Code. f3) There shall be no more than three (3) apartments created or maintained in any sinqte buildinq. f4) Each apartment, or common hallway servicina two (2) or three (3) apartments, shall have a separate access to the outside of the buildino, which must be distinct from the access to uses on the first floor. f5) Each apartment shall have at least one ('1 ~ on-site off-street parkinq space meetinq the standards of this chapter, conveniently located for access to the apartment. f61 Only the owner of the buildinq in which it is proposed to rocate the apartment(s) may apply for this special permit. The Board of Apceals shall require that such applicant execute such aqreements, contracts, easements, covenants, deed restrictions or other leqal instruments runninq in favor of the town as. upon recommendation of the Town Attorney, the Board shall determine to be necessanf to ensure that:: raj The aoartme¢t, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire buildinq in which the apartment is located. [bi The aoartment is made available for year-round rental. lc] The apartment is oropedv constructed, maintained and used. and unaporoved uses are excluded therefrom. Id] Any other condition deemed reasonable and necessary to ensure the immediate and lone-term success of the apartment in helpinq to meet identified housinq needs in the community is comolied with. Art, antique and auction qalledes. Auditoriums or meetinq halls. (d~ Bakeshops (for on-premises retail sale). Banks and financial institutions. (t3 8oardinqhouses and tourist homes. Bus or train stations. (h) Business. professional and qovemmental offices. fi) Health care, continuina care and life care facilities, but excludina facilities for the treatment of all types of druq addiction, subiect to the requirements of 6100-31. (i) Conference facility. (k/Day care fprimarv/. (1') Dr,/cleanincl store. fro/Farmer's market. (hi Fitness and exercise studios. fo/Fraternal or social institutional offices or meetinq halls. (pi Funeral homes. ((3/Garden materials, wholesale/retail sales. (ri Church/house of worship. (si Historical society. (ti Libraries. ful Laundromats. (vi Museum. (wi Nursery school. (xl Philanthropic. eleemosynary or retiaious institutions. (vi Personal service stores and shoos, inctudina barbershops. beauty parlors, professional studios and travel aaencies. (z~ Repair shoos for household, business or oersonat appliances. indudina cabinet shoos, carpenter shoos, electrical shoos. glumbin(~ shoos, furniture recair shoos and bicvcle shoos.and mctcroyde (aa/Restaurants. excludinq formula food and take-out restaurants. (bb) Retail stores. (cci Theaters or cinemas tother than outdoor). (dd) Workshops, Artists' and craftsmen's. (eel Workshops. Custom. 5. Section 100-91.B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exceotion by the Board of A;2oeals. The followinq uses are permitted as a s~ecial exceotion by the Board of Al~oeals as hereinafter provided, subject to site elan aperoval by the Plannin(~ Board: (1) Any special exception use set forth in and as rogulatcd by §100 31B(3) to (6) and (13) and (14) of the Agrfcultural Conscrvation District. (2) Nursen/schools. (3) Philanthropic, clccmosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all typcs of drug addiction, subject to the restrictions set forth in §100 31. ('1) Multiple dwellings and townhouses. (1 ~ Accessory apartment (one) in an existincl one-family dwetlincl as set forth in 6100-31. (21 Annual membership club. (31 8oardinq and/or tourist homes as set forth and requlated by §100-61B(5) of the Resort Residential (RR~ District. (4~ Commercial Recreation facility. (5~ Drinkina establishments. (6~ Funeral homes. Flea markets. f8) Garaqes. Public. as set forth in and as requlated by 5100-101B. (9) Gasoline service station as set forth in and as requlated by 5100-101 B. fl0) Motel and hotel uses as set forth in and requlated bv ~ 100- 61B(4) of the Resort Residential (RR} District, exceot that minimum lot size shall be three f3) acres. fl 1 ) Private elementary or hi(Ih schools, collec~es, and other educational institutions subject to the restrictions set forth in 6100- 31~ (12) Public utilit,¢ riqhts of way as well as structures and other installations necessary to serve areas within the town as set forth in 5100-31. (13) Multiple/row/town/attached dwellinqs. (14) Parkinq I°t~ fl 5) Restaurants. takeout and formula food. subiect to the followinq requirements: (a) Adeauate parkinq shall be provided in accordance with that reouired by Article XlX. Parkinc] and Loadinq Areas, of this chapter. All i~arkinq spaces shall be located within reasonable walkinq distance of the site or three hundred (300~ feet, whichever is less. The improvement or development of municipal oarkinq ma,/be used to satisfy this requirement. The ade(~uacv of municipal parkinq shall be determined by the Planninq Board as part of its site clan review procedure by conductinq a parkinq survey of the capacity of the existinq municipal parkinq area to accommodate the projected increase in usaqe due to the introduction of the subiect land use. fbi An assessment of the potential traffic impacts of the orooosed use must accompany the Ionq environmental assessment form. The aooroDriate mitiqation measures must be incoroorated into the site Dian. (ct There shall be no counter servincl outdoor traffic via a drive-in, drive-,throuoh, drive-u~ drive-bv or walkuD window or door. (d~ Exterior si~naqe shall conform in all respects to Article XX, Sit, ns, of this chapter and. further, may not be lit from within. (el Advertisements. includina trademark loqos, ma,/not be affixed, painted or cilued onto the windows of the business or onto any exterior structures, includina waste disposal receptacles and flaas. (t") The physical desian, indudincl color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildinas, public spaces and uses in the particular location. (16~ Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The followina uses are permitted as accessory uses and. except for residential accessory uses and sians, which are subiect to Article XX. are subject to site plan review: ('I) Accossory uscs as set forth in and regulatcd by § 100 31 C(1) through (7) of the Agricultural Conservation District, and subject to thc conditions sot forth in § 100 33 thereof. (1 ~ Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2~ Garden house, toolhouse, storaqe buildinq, playhouse, wadina pool. swimmina pool or tennis court incidental to the residential useof the premises and not operated for aain as set forth in ~100- 31. (3~ Home occupation, includina home professional office and home business office as set forth in ~100-31. (4} Off-street parkinq spaces accessory to uses on the premises. Not more than four ¢4) off-street i~arkinq spaces shall be permitted within the minimum front vard. Private aaracIes: provided, however, that not more than two oassenQer automobile spaces in such qarac~es may be leased to persons not resident on the premises. regulations) (61 The storaQe of either a boat or travel trailer owned and used bv the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in 6100-31. 7. Section 100-101.A General Business District (B) (Use is hereby amended as follows: A. Permitted uses. 1. Any pcrmitted uso set forth in and rcgulated by §100 31A(2) and (3) of thc Agricultural Conservation District. 2. Any pcrmittod use sot forth in and rogul.4tod by §100 91A(3) to (19) of tho Hamtct Business District,. fl~ The followinq are permitted uses without site plan approval bv the Planninq Board: (a) AQricultural operations and accessory uses thereto uses as set forth in and as reclulated bv 5100-31. (b) Buildinqs. structures and uses owned or operated bv the Town of Southold. school districts, park districts and fire districts. (2/The following uses are permitted uses and are subiect to site plan approval by the Plannincl Board: (al Apartments over retail stores & offices as requlated under §100-91. fbi Art. antique and auction aalleries. (c'~ Auditoriums or meetincl halls. Cd/Auto repair shoo. (el Bakeshops (for on-premises retail sale~. (t3 Banks and financial institutions. fa) Bed-and-breakfast uses as set forth in and ss reoulated by §100-31B (hi Boardinahouses and tourist homes as set forth and rec~ulated by 5100-61Bf5) of the Resort Residential (RR) District.. fi~ Business, professional and Qovernmental offices. (i} BuildinQ, electrical and plumbinq contractors' businesses or yards. (k) Bus or train stations. (I/Cold storacle plants, bakin(~ and other food processina and ~)ackaain~ plants that are not offensive, obnoxious or detrimental to neiqhbodnq uses bv reason of dust. smoke, vibration, noise, odor or effluent. (m) Commercial Recreation facility, fullv enclosed. (n) Conference facility. (o) Day Care fPdmary~. (p) Dr,/cleaninb store. (q) Farmer's market. (r) Food caterin<~. (s) Fraternal/Social institution or meetinc~ hall (non-profit). (t) Funeral homes. (u~ Garden Materials. Wholesale or retail sale and accessory stora(~e and disl~lav of supplies and plants, inctudin(~ nursery operations, provided that the outdoor stora(~e or display of olants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3~ feet of the property line. (vl Health care. continuincl care and life care facilities, but excludinq facilities for the treatment of all types of drucl addiction. subiect to the reauirements of 6100-31. fw/Historical Societv. (xt Laundromats. (¥) Libraries (z) Museums. faa) Nurser,/school. (bb) Personal service stores and shoos, indudina barbershops,beauty parlors, professional studios and travel aqencies. fcc) Philanthropic. eleemosynary or reliqious institutions. (dd) Repair shoos for household, business or personal appliances. includinq cabinet shops, carpenter shops, electrical shops, Blumbina shops, furniture repair shops and bicycle and motorcycle shops. (eel Restaurants, exdudinq formula food and take-out restaurants. fff) Retail stores. (ga) Telephone exchanaes. fhh) Theaters or cinemas (other than outdoor). (iii Train or bus stations. Cji} Transportation services. (kk) Wholesale businesses, warehouses and buildina material storaae and sale. but exctudina storaae of coal. coke. fuel oil or junk. (11~ Wholesale/retail beverage distribution. (mm) Wineries as set forth and regulated bv 6100--81. (nn) Workshops. Artists' and craftsmen's. (oo/Workshops. Custom. 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: B. Uses permitted by special exception by the Board of Aceeals. The followinc! uses are permitted as a special exception by the Board of Appeals. as hereinafter provided, subject to site clan approval by the PtanninQ Board: (1) Any special exception uso as sot forth in and regulated by § 100 31B(2) to (12), except wineries are not required to be in connection with a vineyard. (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100 31 B(14) of the Agricultural Conservation District, except that no site plan approval is required. ('I) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (25) Stables and riding academies. (1) Beach clubs, tennis clubs, countn/clubs, qolf clubs, public clolf courses and annual membership clubs caterin(3 exclusivelv to members and their Quests and accessory plays!rounds, beaches. swimminq opel§, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in c~100-31. (2) Car wash. (31 Cemeteries where accessorv to a place of worship onlv. (4~ Commercial recreation facilities, full,/enclosed. (5~ Drinkinq establishments. (6) Flea markets. (7~ Hotel or motel uses as set forth in and re~3ulated by ~ 100- 61 Bf4~ of the Resort Residential (RR~ District. exceot that the minimum lot size shall be three (3/acres. (8~ Gasoline service stations. Public (~arac~es. Car dealerships ncw and uscd motor vehicle lots, Vehicle rental, including thc sale of recreation vehicles and trailers and boat sales, and accessory repair facilities, all subject to the followinq requirements: (al Entrance and exit driveways shall have an unrestricted width of not less than b,velve f12/feet and not more than thirty (303 feet and shall be located not ~ess than ten (10~ feet from an,,, property line and shall be so laid out as to avoid the necessity of any vehicle backin(3 out across any public riqht--of-wav. (b) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all ~arts or supplies shall be located within a buildincl. (cl All service or re~air of motor vehicles, other than such minor servicinq as chanqe of tires or sale of qasoline or oil, shall be conducted in a buildinq. (d/The storaae of aasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five (35) feet from any property line other than the street line. (el No qasoline or fuel pumps or tanks shall be located less than fifteen (15~ feet from any street or property line. (t3 No ~asoline service or repair shops or similar businesses are to be located within three hundred f300') feet of a church. I~ublic school, library, hospital, or~hanaqe or rest home. (9~ Gasoline service stations. Partial self-service, subject to all of the provisions of ~i100-101B(8~ herein and the followinq additional rec~uirements: (al 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 requlatinq the flow of c~asoline to the dispensinq equipment thereafter to be operated by the customer at the self- service pump island and the disoensinq ecluioment on the other pump islands. (bi Gasoline shall at no time be dispensed without the direct supervision of the clualified attendant. A control shall be provided which will shut off the flow of qasoline to the dispensinq equipment at the self-service ~ump island whenever the qualified attendant is absent from the control console for any reason whatever, inctudinq when he is ooeratin(: the dis~ensinq equipment on the other 0umo islands. (c) The console reaulatinq the flow of c~asoiine to the remote discensinc~ eouiDment thereafter operated by the customer at the self-service oumu island shall be situated in such a manner as to qive the qualified attendant controllinq said console an unobstructed view of the operation of said remote dispensinq equipment. (d~ The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensinq nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (el The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of powder release which will act as an automatic fire extinquisher. (f~ No customer shall be permitted to dispense qasoline unless he shall possess a valid motor vehicle operator's license. There shall be no latch-open device on any self-service disoensinc! nozzle. (10) Laboratories. Research. desitin or development, provided that any manufacturinq shall be limited to prototypes and products for testinq. (11 ) Nursery schools. (12~ Parkinq lot. (13~ Placas of worship, includinq parish houses fbut excludinq a rectory or oarsonaqe, which shall conform to the requirements for a one-familv dwellinq), subiect to the restrictions in ~100-31. (14) Private elementary or hiqh schools, colleqes and other educational institutions, subiect to the restrictions in ~100-31. (15') Public utility d(~hts--of-wav as well as structures and other installations necessary to serve areas within the town. subject to the restrictions in ~i100-31. (16) One-familv detached dweilinqs, not to exceed one (1~ dwellinq on ~ach lot. (17~ Restaurants. Formula food located within a shoocinQ center in this zone. subject to the followinq requirements: (a) There must be sufficient parkinG as provided for by the Article XtX. ParkinG and Loadina Areas, of this chapter, and such parkina area shall be available within the shoppinG center site to accommodate the use. lb) 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-ua, drive-by or a walkuo window or door. (d) Exterior siGnaqe shall conform in all respects to Article XX, Siclns. of this chapter and, further, may not be lit from within. (e) Advertisements, includinG trademark Ioqos. may not be affixed, painted or cllued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flaGS. The siGnaGe must conform to the existinc] color theme and sic]na(]e style of the shoPpinG center. (G) The existing] exterior architectural style of the shoppin(~ center building may not be altered or modified in any way to accommodate the proposed use. (hi 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. (181 Restaurants, Take-out, 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) sGuare feet. (19) Terminal/bus or truck. (20~ Transportation service, Private, including qaraGe and maintenance facilities. (211 Veterinarian's offices and animal hosoitals, subiect to the restrictions in 6100-31. 9. Section 100-101.C General Business (B) (Use regulations)is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and. except for residential accessory uses and sians, which are aovemed by Article XX. are subiect to site plan review: (1) Accessory uses sot forth in and as regulated by §100 31 C(1 ) through (8) and (101 of the Agricultural sonscrvation District, subject to the conditions set forth in §100 33 thercof. (11 Any customary structures or uses which are customarily incidental to the principal use. except those I~rohibitod by this ch=pier. (2) Boat dockinq facilities for the dockinq, moodnq or accommodation of noncommercial boats, subject to the restrictions in 6100-31. (3/Garaaes. Private. provided, however, that not more than mo passenaer automobile spaces in such qara<~es may be leased to persons not resident on the premises. (4/Garden house, toolhouse, storaae buildinq, playhouse, wadinq pool. swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain. subject to the restrictions in ¢i100-31. (5/Home occupation as restricted in ~100-31. (6/Horses and domestic animals other than household pets. Brovided that such animals shall not be housed within forb/ feet of any lot line. Housinq for flocks of more than twenty-five fowl shall not be constructed within fifty ¢50'~ feet of any line. (7`) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4') off-street oarkina s~aces shall be permitted within the minimum front yard. f81 Open storaae of materials or equipment, provided that such storaqe shall be at least twenty-five f25`) feet from any lot line. not be more than six f61 feet hiqh and be suitably screened by a solid fence or other suitable means of at [east six f6`) feet in heiqht. (9~The storaqe of either a boat or travel trailer owned and used bv the owner or occuoant of the premises on which such boat or travel hg trailer is stored, for his personal use, subject to the restrictions of §100-31. flO~ Wineries may have an accessory cliff shoo on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine. books on winemakincl and the reqion and nonspecific items bearincl the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. II. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions REVISSU2. DOC 10/30/97 Law to Revise Business Uses Long EAF, Part 3 APPENDIX B LONG EAF, PARTS 1 AND 2 14-16-2 (2/87)-7e 617.21 SEQR AppendixA . _ State Environmental Quahty Review FULL ENVIRONMENTAL ASSESSMENT FORM P,url~,nse: Thq ~11 EA)5.. is desi,gne4 tg,.help a~plieants, and,ag.encjes detem)ine, in an orderly manner, w, nemer a project or ach, on may? ?,~gmneam. ~ne qu,est~on 9r wn. emer an .a.eno.n may be significant is not mways easy to answer, vrequenuy~ mere.are .asl~.e~ts ora project mat .are subjective or unmensureable. It is also. underitood that .those w. h9 q.etermme slgnllle~le~ may have htr.lc or no fo..nm, mi knowledge of the ,envar,or~, ent. or may ~e ,teelm~eally expe~ ,m enwronn~,e.n,'tal,analys~s. In ad,rio.n, mgn. y who have ~9)o.w.~eage m one pamcmar area may not oe aware or me oroaner concern attectmg me question of s~gmficance. deteT~me, fu~! EAF is inte?ded, to pro,de, a method ,wher. eby. applicants and_agencies can be ~ssured that the · tram.anon l~rocess nas oeen.omeny, comprehensive m nature, yet tleyable to allow intxoduetion of informatxon to at a project or action. Full EAF Components: The full EAF is comprised of three parts. Pa.rt 1: Provides obicetive data and information about a given proieet and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in'Parts 2 and 3. Part.2,: Foc.u, ses on id?nti,fyi~.,g the range o. f. p,o.,ssi,hie, i~, pacts .tl~?t m, ay oq..eur from. a project.or.action. It prov~a.e~.gmnanc~ as to wnemer an nnp.ac~ ~$.llgely to ~ conS..laere(l small to moderate or wl~et~er it is a potenUalFy-large anpact. The form also ~dent~fies ivhether an umpact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact ~s actually important. DETERMINATION OF SIGNIFICANCE - TYPE 1 AND UNLISTED ACTIONS Identify the Portions of EAF completed for this project: X Part 1 X Part 2 Part 3 Upon review of the information recorded on this EAF (Parts. 1 and 2 and 3 if approl~riate), and any other supportin~ information, and considering both the magnitude and importance o/r-each impact, it is reasonabl~ determined by the lead agency that: X A. Tl).,e, proj.ect will not result in any larg~ and important impact(s) and, therefore, is on.e which win not have a signincant impact on me environment, theref6re a negative declaration will be prepared. __ B. Al. othough~e p~j~et, cx?,l,d, hav. e 9 signi,fieant eff. e, ct on. the e. nvironment, there will not be a sig- mneant ex~ect x. or tins wnnsted Action oecanse me nutagataon measures described in PART'3 have been reqmred, therefore a CONDITIONED negative declaration will be prepared.* __ C..The proje~,may result in one. or ~more large. .and imp. ortant impacts that may have a significant impact on me environment, mererore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Dra[t Local Law To Revise Business Uses Name of Action Town of $outhold Name of Lead Agency Jean W. Cochran Print or Type Name of Responsible Officer in Lead Agency Town Supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer If different from responsible Officer) Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document, is design_e~, to assist i0 detg, rmini~,g .whethe.r th~ ~t!pn pro, posed.may hav9 a.sig- nificant effect on the en~ronment. Please complete .me.ent~re roma, ~arts A mrougn ~..~3s. wets to mese questions will be considered as_ p.a~, of the,~applica, Bon~ for .approval, ,an.d ma~v, ,be subject to fur, j3er verification and public review. Provme any aamuona~ m~ormaUon you eeneve vau oe needed to complete Parts 2 and 3. It is expected that eom. pletion of th, e full EAF..wil!.be de, l~e0. ~nt o~.informatjqn curre,ntly ,a,v..m.'lably and,will not involve new stumes, resea~en or .~lVe~lgallon. 1i I~IO1Tl~[1OO requl~ulg SUCh a~ll[lOOal WOrK I$ unavailable, so indicate ahd specify each instance. NAME OF ACTION Draft Local Law to Revise Business Uses LOCATION OF ACTION (Include Street Address, Municipality and County) Town of Southold (will apply to properties throughout the Town) NAME OF APPLICANT/SPONSOR Town of Southold ADDRESS Town Hall, 53095 Main Road, Box 1179 CITY/PO Southold NAME OF OWNER (If different) BUSINESS TELEPHONE (516) 765-1889 STATE ZIP CODE NY 11971 BUSINESS TELEPHONE ADDP.ESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Revision of Town Zonim~Code to modify uses allowed within the three Business zoning districta See Long FAF, Part 3far further descrtptt n. Please Comolete Each Question - Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: Urban Industrial Commercial Residential (Suburban) Rural (non-farm) Forest Agriculture X_~Othcr Rural Township with allricultural areas and small commercial centers 2. Total acreage of project area: N/A acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural(Includesorchards,cropland, pasture,etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, each or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION Mostly Haven-Riverhead Association 3. What is predominant soil type(s) on project site? a. Soil drainage: X Well drained __% of site __Moderately well drained % of site Poor drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcropping on project site? Yes X No a. What is depth to bedrock?- 600-900' (in feet) 2 5. Approximate percentage of proposed project site with slopes: 0-10% % 10-15% % 15% or'greater % 6. Is project substantialJy_.contigu,,o, us t,,oq or contain, a building,,,site, or district, listed on the State or the Natiofial Registers of Historic maces. Yes ~o N/A 7. Is project substantially confi4guous to a si,tq listed on the Reeister of National Natural Landmarks? Y es ~o Some lisFed sites in Town 8. What is the depth ofthe water table? Oft.-50£a (infect) 9. Is site located over a primary, principal, or sole source aquifer? 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 endangered? X Yes No According to Identify each species Some sites may contain rare s~ecies, but unlikely due to locations on malor thoroughfares. 12.Are there any umque or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Yes No Describe Some sites mav contain unusual features, unliltell~ 13.Is the project site presently used by the community or neighborhood as an open space or recreation area? X Yes No If yes, explain Some sites serve as oven space areas 14.Does the present site include scenic views known to be important to the community? X Yes No 15.Streams within or contiguous to project area: PeconicRiver & Tributaries a. Name of Stream and name of River to which it is tributary 16.Lakes, ponds, wetland areas within or contiguous to project 3)'ca: , a. Name Several within Town b. Size (In Acres) 17.1s the site served by existing public utilities? Yes No N/A a) If Yes, does sufficient capacity exist to allow connection? Yes No b) If Yes, will improvements be necessary to allow connection? Yes No 18.1s the site located in an agricultural district certified pursuant .to Agriculture and Markets Law, Article 25-AA, Section 303 and 3-04? Yes No Agricultural Districts Present in Town 19.Is the site located in or substantially contij~guous to a Critical Environme,n~t~l, Area desi . .gg,~.. ,.pursuant to Article 8 of the ECL, and 6 NYCRlt. 617. Yes No CEA s present w~tn~n lown 20.Has the site ever been used for the disposal of solid or haTardous wastes? Yes No N/A B. PROJECT DESCRIFI'ION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) N/A a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length ofproject, inmiles: (ifappropriate) e. If the project is an expansion, indicate percent of expansion proposed % £ Number of off-street parking spaces existing .;proposed__ g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure __ height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? fL 2. How much natural material (i.e., rock, ~,.r~ ctc;),will be removed from site? N/A tons/cubic yards. l~Ilntrnaljot' most 3. Will disturbed areas bo reclaimed? Yes No X N/A a. If yes, for what intended purpose is the site being reclaimed? 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 co,v.ers) will be removed from site? * acres. · Minimal for most sites, rnanj{ alrea-~'-d~..eloped 5. Wil. l ~anTv mature _fo. rest (over 1.0,0 y,e~r, s, ,old,) or other locally-iinportant vegetation be removed by this project. Yes rqo unligety 6. If single phase project: Anticipated period of construction N/A months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date ofcommencemeat phase 1 __ month __ c. Approximate completion date of final phase __ month __ d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? Yes 9. Number of jobs generated: during construction N/A 10.Number of jobs eliminated by this project none year, (including demolition). year. Yes No X No ; after project is complete __ 11.Will project require relocation of any projects or facilities? If yes, explain Yes X No 12.Is surface liquid waste disposal involved? Yes X No a. If yes, indicate type of waste (sewage, industrial, etc.) and amoum b. Name of water body into which effluent will be discharged 13.Is subsurface liquid waste disposal involved? X Yes__ No Type Sanitary 14.Will surface area of an existing water body increase or decrease by proposal? Explain Yes X No 15.~ project or .a_p. y p~rtio.n o. fproject located in a 100 year fl .ocS1. p!ain? Yes X No Portions of the i own are withtn jtooaplam tocation of LB, HB, GB within these ar~s is unliliely. 16.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 facility 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 No e. If yes, explain 17.Will the project involve the disposal of solid waste? Yes X No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18.Will project use herbicides or pesticides? 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 21.Will project result m an increase in energy use? X Yes__ If yes, indicate type(s) electricity- 22. If water supply is from wells, indicate pumping capacity 23.Total anticipated ~vater usage per day N/A 24. Does project involve Local, State or Federal funding? If yes, explain 4 No N/A gallons/minute. gallons/day. __ Yes X No 25.Approvals Required: City, Town, Village Board X Yes __ No City, Town, Village Planning Board Yes __ No City, Town Zoning Board __ Yes __ No City, County Health Deparmaent Yes No Other Local Agencies __ Yes __ No Other Regional Agencies __ Yes __ No State Agencies __ Yes __ No Federal Agencies __ Yes __ No Type Approval of Ordinance Submittal Date C. ZONING AND PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? X Yes No If yes, indicate decision required: X zoning amendment zoning variance special use permit subdivision site plan new/revision of master plan resource management pl~other 2. What is the zoning classification(s) of the site? N/A 3. What is the maximum potential development of the site if developed as permitted by the present zoning?. N/A 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed z°ffmg ?N/A 6. Is the proposed action consistent with thc recommended uses in adopted local land use plans? X Yes No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? N/A 8. Is the proposed action compatible wi~ adjoining/surrounding land uses within a 1/4 mile? X Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? N/A 10.Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes X No 11.Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Yes X No a. If yes, is existing capacity sufficient to handle projected demand? Yes No 12.Will the proposed action result in the generation of traffic significantly above present levels? Yes X No Traffic expected to increase with or without proposed change a. If yes, is the existing road network adequate to handle the additional traffic? Yes No D. INFORMATIONAL DETAILS A.ttach any additional information as may be needed to clarify yourDroject. If there are or may be any aclverse khpacts ~sociated wi.~your proposal, please discuss sucl~ impacts and the measures which you propose to mmgate or avola mem. E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibilily of Lead Agency General Information (Read Carefully) · in completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate l~or a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, wiil vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer '/'es it there will be any Impact. b. Maybe answers should be considered as Yes answers. c, if answering Yes to a question then check the appropriate box {column I or 2) to indicate the potential size of the impact. If Impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold Is lower than example, check column 1. d. Ideniifying that an Impact will be polentlally large (column 2) does not mean that it Is also necessarily significant. Any large impact must be evaluated Jn PART 3 to determine significance. Identifying an Impact In column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the Impact aa potentially large and proceed to PART 3. f. If a potentially large ~mpact checked in column 2 can be mitigated by change(s) ~n the project to a smell to moderate Impact, also check the Yes box In column 3. A No response indicates that such e reduction Is not possible. This must be explained in Part 3. ¥ :"/If..~-~D ~,5~ o ,,,,~,,~..5 OM ;~Mb ~~ Small to Potential ~ ~ M~derate Large ~o~ .~,- =-~ IMPACT O~ LA~D~ /~ ~~nact . ~ ~,~ ~, ~ r Impact ~. wm ~h. pro.o~ea a~,o. ~.~u~,~g. ~o ~h~ pro~.c~ ~.~e. Examples that would apply to column ~ Any construction on slopes of 15% or ~reater, (15 foot rise per 100 O ~ ~Yes ~No foot of {en~th), or whole the general slopes in the pro,oct area exceed 10%. Construction on land where the depth to the water table is ~ess than ~ ~ ~Yes ~No 3 feet. Construction of paved parking area for 1,000 or more vehicles. ~ ~ ~Yes ~No Construction on land where bedrock is exposed or generally within ~ ~ ~Yes ~No 3 feet of existing 8round surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 ~ ~ ~Yes ~No tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary ~andfill. ~ ~ ~Yes ~No Construction in a designated floodway. ~ ~ ~Yes ~No Other impacts 3 Can Impact Be Mitigated By Project Change 2. Will there be an effect to any unique or unusual land forms found on the site,~ (Le., cliffs, dunes, geological formations, e~c.)l~O [~YES ·Specitic land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL] OYES Examples that wou~d apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel at a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 1 Small Ia Moderate Impact [] [] [] [] [] 2 Potential Large Impact [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [~]Yes r-INa F-lYes []No I-'lYes []No FqYes []No [~Yes []No 4. Will proposed action affect any non-protected existing or new body of water? I~10 I'-Iy E $ Examples that would apply to column 2 · A 10% increase ar decrease in the surface area of any body of water or more than a 10 acre increase ar decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: F1yes []No []Yes r-'iNa []Yes []No 5. Will Proposed Action affect surface or groundwater quality or quantity~ I~O OYES Examples that would apply to column .2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. * Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action wil~ require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Pr•posed Action locates commercial and/or industrial uses which may require new ar expansion of existing waste treatment and/ar storage facilities. · Other impacts: [] [] [] [] [] [] [] [] I-lYes ElNa OYes FiN• OYes []Yes f-IH• []Yes f-IN• OYes ~]No I-lYes J~No F'lYes [~No f-lYes OYes l-iN• OYes •No []Yes []No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ~10 OYES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 )--lYes ON• · Proposed Action may cause substantial erosion, · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway, · Other impacts: 1 Small to Moderate Impact 2 Potential Large impact 3 Can Impact Be Mitigated By Project Change [] [] []Yes []No [] [] []Yes []No [] [] I'-]Yes []No [] [] []Yes []No IMPACT ON AIR 7. Will proposed action affect air quality) 't~NO OYES Examples that would apply to column 2 · Proposed Action wi}l induce 1,000 or more vehic]e trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: [] [] []Yes [~No [] [] []Yes []No [] [] ~]Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species[' 'J~No OYES Examples that would apply to column 2 · Reduction 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 portion of a critical or significant wildlife habitat. · Applica{ion of pesticide or herbicide more than twice a year, other than for agricultural purposes. · •(her impacts: [] [] []Yes []No [] [] []Yes []No [] 0 []Yes []No [] [] OYes ON• 9. Will Proposed Action substantially affect non-threatened or non-endangered species[' j~lO F'IYE S Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requites the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10, Will the Proposed Action affect agricultural land resources~' ~NO OYES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land {includes cropland, hayfields, pasture, vineyard, orchard, etc.) [] [] OYes [~]No E] [] OYes ON• [] OYes •No 1 2 Small to Potential Moderate Large Impact Impact · Construction activity would excavate or compact the soil profile of [] agricultural land · The proposed action would irreversibly convert more than 10 acres [] of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural [] land management systems [e,g.. subsurface drain lines, outlet ditches. strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: [] 3 Can Impact Re Mitigated By Project Change []Yes [-~No OYes I-]No [Yes [~]No I-lyes []No IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ,'-INO 'I~fYES (If necessary, use the Visual FAF Addendum in Section 617.20, Appendix B.) ~k~l'~lClf~J.. 11~(3gC.~-~ ,~Jgi:;~T~'t~ IAi Examples that would apply to column 2 '~g.~t,J~/7'lO~J,"~/...4-*o~'4L~ · Proposed land uses, or project components obviously different from [] [] or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of [] [] aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant [] [] screening of scenic views known to be important to the area. · Other impacts: [] [~] 4//,; [~¥es ~]No []Yes C'INo [=]Yes []No f-lyes [No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES '12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [-INO ~;]YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic nlaces~..~°~4~ ff'~ ~.~__~O~. TI~'~ ~ ~ ~ · Any impact to an ~c~gic~tossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: / [] [~Yes []No [] []Yes [No [~] CIYes []Ho [] []Yes [No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ~'qO · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: [] [] []Yes []No [] [] []Yes []No [] [] I-lYes []No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617,14(g) ? '~NO List the environmental characteristics that caused the designation of the CEA I 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Se Mitigated By Project Change Examples that would apply to column 2 · Proposed Action to locate within the CEA? [] [] · Proposed Action will result in a reduction in the quantity of the resource? [] [] · Proposed Action will result in a reduction in the quality of the resource? [] [] · Proposed Action will impact the use, function or enjoyment of the [] [] resource? · Other impacts: [] [] E~Yes I'-INo E~Yes I'~No E3¥es r~No [-] Yes ~]No [~Yes []No IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [:]NO ]~YE5 Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods, · Proposed Action wi]l result in major traffic problems. · Other impacts: [~),Yes I'-I No []Yes )'-)No (:]Yes r-INo IMPACT ON ENERGY 16 Will proposed action Mfect the commonity's sources of fuel or energy supply? E}NO Examples that would apply to column · Proposed Action will cause a greater than 5% increase in the use of .,~ any form of energy in the municipality. · Proposed Action will require the creation or extension of all energy [] transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or ir, dustrial use · Other impacts: __ [~]Yes [~]No [~Yes E~Yes' []No 10 1 2 3 NOISE AND ODOR IMPACTS Small to Potential Can Impact Be 17. Will there be objectionable odors, noise, or vibration as a result Moderate Large Mitigated By of the Proposed Action[' '[~NO OYES Impact Impact Proiect Change Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive [] [] FiYes E)No facility. · Odors will occur routinely (more than one hour per day). [] [] I-lYes [:]No · Proposed Action will produce operating noise exceeding the local [] [] []Yes E]No ambient noise levels for noise outside of structures. · Proposed Action wilt remove natural barriers that would act as a [] [] []Yes []No noise screen. · Other impacts: [] [] [~Yes {~No IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety~ ~o ayES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous [] substances (Le. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any [] form (i.e, toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural [] 8as or other flammable liquids. · Proposed action may result in the excavation or other disturbance [] within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: [] , [] []Yes []No [] I-lYes •No [] []Yes []No [] []Yes I-IN0 [] []Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will pr•posed action affect the character of the existing community? ON• RES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this proiect. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. * Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts:"~D~/,/~--~'~T',.~ /,'~J /'~,~"FT't~'~,~__ ~oiq'~A~-.~' [] []Yes []No [] []Yes []No [] i'-~Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] OYes ON• [] OYes []No o. ~s here, or is there likely tO De, pUOliC controversy re ated to potentia~ adverse environmenta~ Jmpacts;~ ~10 OYES I! any action In Part 2 Is Identified as a potential large Impact or il you cannot determine the magnitude of Impact, proceed to Part 3 11 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 25, 1997 Judith T. Terry, Town Clerk Southold Town Hall Main Rd. Southold, NY 11971 f~OV ~ 5 ~997 Re: Proposed Local Law to Revise Business Uses Dear Mrs. Terry: On November 24th the Planning Board reviewed the above-noted legislation and voted to recommend its adoption by the Town Board. However, at the same time, we strongly recommend after this law is adopted that re-consideration be given to revising the format in which the proposed Local Law is written. To wit, the references to other sections of the Zoning Code either should be eliminated and substituted with the actual text, or should be made more specific by referring to the applicable sub-sections, e.g....as set forth and restricted by Sec. 100-31 A. (1) or Sec. 100-31 C. (5) instead of just Sec. 100-31 A. The Board prefers the inclusion of the actual text over a reference in order to make the Zoning Code more "user-friendly" to the general public. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CT,~,RK TOWN OF SOUTHOLD October 29, 1997 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is proposed Local Law entitled, "A Local Law to Revise Business Uses". Please prepare an official report defining the Planning Board's recommendations with regard to this proposed Local Law and forward same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachment cc: Board of Appeals JUDITH T. TERRY TOWN CLEH~ REGISTRAR OF VITAL STATISTICS M2J~RIAGE OFFICER RECORDS .YL&NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X New Zoning Ordinance Amendment of Zoning Cod~ Amendment of Zoning Map (Change of Zone) Location of affected land: Entire Town of Southold Suffolk County Tax Map No.: Within 500 feet of: X X X X X X The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. X Airport COMMENTS: Attached hereto is aA Local Law to Revise Business Uses" Date: October 29, 1997 Judith T. Terr~ Southold Town Clerk JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 30, 1997 Charles Voorhis, CEP, AICP Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Dear Mr. Voorhis: Transmitted herewith is a certified resolution of the Southold, adopted on October 28, 1997, engaging your services to provide Environmental Review Services with regard to the proposed "Local Law to Revise Business Uses", a copy of which is also enclosed. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TEI~RY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 28, 1997: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope & Voorhis, LLC, at a cost not to exceed $1,165.50, to provide Environmental Review Services to the Town of Southold with regard to a proposed "Local Law to Revise Business Uses". / Judith T. Terry (_/ Southold Town Clerk October 29, 1997 JUDITH T. TERRY TOWN CLERK HEGISTRA~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 28, 1997: ¥1/HEREAS, there has been presented to the Town Board of the Town of Southold, on the 28th day of October, 1997, a Local Law entitled, "A Local Law to Revise Business Uses"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. This Local Law reads as follows: LOCAL LAW NO. - 1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permitted use as set forth in and rcgulatod by § 100 31A of the Agricultural Conscrvation District exocpt wincries, which shall be as set forth in Subscction A(2)(i) below. (1) The followinq uses are permitted uses without site 121an approval by the P~anninq Board: (a) A(:ricultural operations and accessory uses thereto as set forth in and rec~ulated by ¢~100-31. (bi Buildinqs. structures and uses owned or ol2erated by the Town of Southold. school districts, oark districts and fire districts. lc) Dwellincls. one-family detached, not to exceed one f% dwellinq on each lot. (21 The followinq uses are permitted uses subject to site Dian aDl~roval by the Plannincl Board: la) Retail businesses complementary to thc rural and histodc character of the surrounding area, limited to tho following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [,1] Libraries or museums. lc) Funeral homes. (d) Restaurants, except drive in restaurants. (e) Personal service stores and shops, includir, g barbershops, beauty parlors, professional studios and travel sgoncics. la) Bed-and-breakfast uses as set forth in and as reclulated by ~ 100-31. lb) Repair shops for household, busincss or personal appliances, including cabinet shops, Carpenter shops, elec~adcal shops, plumbing shops, furniture repair shops and bicycle shops a,",d motorcycle shops, landscaping and other service businesses. lc) Garden Materials. Wholesale or retail sale and accessory storaqe and display materials and plants, includinq nursery operations, provided that the outdoor storacle or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the orooer'W line. (d~ Professional and business offices. (e} Wineries widish meet the followincl standards: [11 Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Lone Island clra~2es is produced and sold. [21 Wineries shall have retail sales on site. (fl Wholesale and warehousinq. 2. Section 100-81 .B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100 31 B of tho Agricultural Conscrvation District, except that wineries are not required to bc in connection with a vineyard, and except bed and breakfasts. (1) Apartment, One fl ) accessory, in an existinq one-family dwellinq, subiect to the restrictions in 5100-31. (2) Beach clubs, tennis clubs, country clubs, qolf clubs, public qolf courses and annual membership clubs caterina exclusively to members and their quests and accessory playqrounds, beaches, swimmincl pools, tennis courts, recreational buildinqs and maintenance buildinas, subiect to the restrictions in 5100-31. Cemeteries where accessory to a place of worship only. (4} Dwellinq, two-family, not to exceed one (1) such dwellinq on each lot. ¢5) Historical society. (6) Nursery schools. (7) P!aces of worship, inctudinq parish houses (but excludinq a rector,/or ~2arsonac~e. which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in 5100-31. (8) Private elementary or hiqh schools, collecles and other educational institutions, subject to the restrictions in ~100-31. (9) Public utilib,, riqhts-of-way as well as structures and other installations necessary to serve areas within the town. subiect to the restrictions in ~100-31. (10~ Stables and ridinq academies. (111 Veterinarian's offices and animal hospitals, subject to the restrictions in ~'I00-31. 3. Section 100-81 .C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and. excaot for residential accessory uses and sians, which are ~overned by Article XX. are subiect to site elan review: (1) Any accessory usc as sct forth in and regulated by §100 31C (1) through (8) and (10) of Agricultural Conscr,zation District, and subjcct to thc conditions set forth in §100 33 thereof. fl ) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. ('2) Boat dockinq facilities for the dockinq, moorincl or accommodation of noncommercial boats, as set forth in and restricted by 5100~31. (3/Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool. swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in ~100-31. (4) Home occupation as set forth in and restricted by ~ 100-31. (5') Horses and domestic animals other than household pets, Brovided that such animals shall not be housed within forty (40~ feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (6~ Garaqes. Private. provided, however, that not more than two passenqer autdmobile spaces in such qaraqes may be leased to Bersons not resident on the premises. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4~ off-street parkinq spaces shall be permitted within the minimum front yard. (8/The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the restrictionsin §100-31. (9~ Wineries may have an accessory qift shop on the premises which may sell items accessory to wine. such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakinc! and the reqion and nonspecific items bearinq the insic!nia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 4. Section 100-91 .A Hamlet Business District (HB) (Use regulations) is hereby amended as follows: A. Permitted uses. (1) Any permitted use set forth in and regulated by §100 31 (A) and (3) of the Agricultural Conservation District. (2) Any permittcd uses as set forth in and as regulated by §100 42A(2) of the Hamlet Residential District. (1) The followinq are permitted uses without site plan approval by the Planninq Board: (a) Bed-and-breakfast uses as set forth in and as requlated by §100-31. lb) Buildinqs, structures and used owned or operated by the Town of Southold, school districts, park districts and fire districts. lc) Dwellinq,one-family detached, not to exceed (1) dwellin¢ on each lot. rd) Dwellina, two-family. (2) The followin'q are permitted uses subject to site plan approval by the Planninq Board: (a) Apartments may be permitted over retail stores and business, professional and qovernmental offices, subiect to the followin¢l requirements: (1) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desiqn, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over fillinq stations, stores retailinq flammable or fume-producinq ~oods, restaurants or other businesses with kitchens or other facilities producinq intense heat or any other establishment which the Fire Prevention Inspector determines to pose a qreater-than-averaqe built-in fire risk. (2) The habitable floor area of each apartment shall be at least four hundred fifty f450) square feet, but in no case more than seven hundred fifty (750~ square feet. The apartment shall not be located on the first floor of the buildinq, and the apartment shall contain all services for safe and convenient habitation, meetinq the New York State Uniform Fire Prevention and Buildinq Code and the Sanitary Code. (3) There shall be no more than three (3) apartments created or maintained in any sinqle buildinq. (4) Each apartment, or common hallway servicina two (2) or three (3) apartments, shall have a separate access to the outside of the buildina, which must be distinct from the access to uses on the first floor~ (5) Each apartment shall have at least one (1) on-site off-street parkine space meetin~ the standards of this chapter, conveniently located for access to the apartment. (6) Only the owner of the buildinq 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 such a~reements, contracts, easements, covenants, deed restrictions or other legal instruments runnin~ in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that:: Iai The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire buildine in which the apartment is located. [bi The apartment is made available for year-round rental. [c] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. Id] Any other condition deemed reasonable and necessary to ensure the immediate and Ion~-term success of the apartment in helpinc~ to meet identified housinq needs in the community is complied with. Art, antique and auction qalleries. Auditoriums or meetine halls. Bakeshops (for on-premises retail sale). Banks and financial institutions. (f) Boardinqhouses and tourist homes. Bus or train stations. (h) Business, professional and qovernmental offices. (ii Health care, continuinq care and life care facilitiesl but excludinq facilities for the treatment of all types of druq addiction, subiect to the re<:luirements of ~100-31. fi) Conference facility. (k~ Day care (primarv~, ('1) Dry cleanincl store. (m) Farmer's market. (n) Fitness and exercise studios. fo) Fraternal or social institutional offices or meetinq halls. (p) Funeral homes. lq} Garden materials, wholesale/retail sales. (r) Church/house of worship. (si Historical society. (t) Libraries. (u) Laundromats. (v) Museum. (w) Nursery school. (x) Philanthropic. eleemosynary or reliqious institutions. fY) Personal service stores and shops, includinq barbershops, beauty parlors, professional studios and travel aqencies. (z) Repair shops for household, business or personal appliances, includinq cabinet shops, carpenter shops, electrical shops1 plumbinq shops, furniture repair shops and bicycle shops.=~d motorcycle shops. faa) Restaurants, excludinq formula food and take-out restaurants, fbb) Retail stores. (cc) Theaters or cinemas (other than outdoor). (dd) Workshops, Artists' and craftsmen's. fee) Workshops, Custom. 5. Section 100-91 .B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subiect to site plan approval by the Ptanninq Board: (1) Any special exception use sot forth in and as regulated by §100 31B(3) to (6) and (13) and (14) of the Agricultural Conservation n;~+.;.-+ (2) Nursery schools. (3) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the restrictions set forth in §100 31. (.1) Multiple dwellings and townhouses. (1) Accessory apartment (one) in an existina one-family dwellinq as set forth in 5100-31. (2) Annual membership club. (31 Boardinq and/or tourist homes as set forth and requlated by ~100-61B(5) of the Resort Residential (RR) District. (4) Commercial Recreation facility. (5) Drinkinq establishments. (6) Funeral homes. (7) Flea markets. (8) Garaqes, Public, as set forth in and as requlated bv ~100-101B. (9) Gasoline service station as set forth in and as requlated by ~100-101B. (10) Motel and hotel uses as set forth in and requlated by ~ 100- 61Bf4} of the Resort Residential fRR) District, except that minimum lot size shall be three (3) acres. (11 ) Private elementary or hiqh schools, colleqes, and other educational institutions subject to the restrictions set forth in .~100- 31. (12) Public utility riqhts of way as well as structures and other installations necessary to serve areas within the town as set forth in Cd 00-31. (13) Multiple/row/town/attached dweHinqs. (14) Parkinq Iot~ (15) Restaurants. takeout and formula food, subiect to the followinq requirements: (a) Adequate parkinq shall be provided in accordance with that required by Article XlX, Parkinq and Loadinq Areas, of this chapter. All parkinq spaces shall be located within reasonable walkinq distance of the site or three hundred (300) feet. whichever is less. The improvement or development of municipal parkin¢l may be used to satisfy this requirement. The adequacy of municipal parkinq shall be determined by the Planninq Board as part of its site plan review procedure by conductinq a parkinq survey of the capacity of the existinq municipal parkinq area to accommodate the projected increase in usaqe due to the introduction of the subiect land use. (b) An assessment of the potential traffic impacts of the proposed use must accompanv the !onq environmental assessment form. The appropriate mitiqation measures must be incorporated into the site plan. (c) There shall be no counter servinq outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or walkup window or door. Exterior siqnaqe shall conform in all respects to Article XX, Siqns, of this chapter and, further, may not be lit from within. re) Advertisements, includinq trademark Ioqos, may not be affixed, painted or qlued onto the windows of the business or onto any exterior structures, includinq waste disposal receptacles and flacls. (f) The physical desiqn, includin~ color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildinqs, public spaces and uses in the particular location. (16) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are subject to Article XX, are subiect to site plan review: (1) Accessory uses as set forth in and rogulatod by § 100 31 C(1 ) through (7) of tho Agricultural Conservation District, and subjcct to the conditions sot forth in § 100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Garden house, toolhouse, storaae buildinq, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential useof the premises and not operated for qain as set forth in ¢~100- 31. (3) Home occupation, includinq home professional office and home business off"ice as set forth in ¢¢00-31. (4) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (5) Private aaraqes; provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. 1o regulations) (6) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in §100-31. 7. Section 100-101 .A General Business District (B) (Use is hereby amended as follows: A. Permitted uses. 1. Any permitted use set forth in and regulated by §100 31A(2) and (3) of the Agricultural Conservation District. 2. Any permitted uso set forth in and regulated by §100 gIA(3) to (19) of the Hamlet Business District. (1) The followinq are permitted uses without site plan approval by the Planninq Board: (a) Aqricultural operations and accessory uses thereto uses as set forth in and as requlated by .~100-31. (b) Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (2) The followinq uses are permitted uses and are subiect to site plan approval by the Planninq Board: (a) Apartments over retail stores & offices as requlated under ~100-91. (b) Art, antique and auction qalleries. (c) Auditoriums or meetinq halls. (d) Auto repair shop. (e} Bakeshops (for on-premises retail sale). ff} Banks and financial institutions. lq) Bed-and-breakfast uses as set forth in and as requlated by ~100-31B. 11 (h) Boardinqhouses and tourist homes as set forth and reClulated by ~100-61B(5) of the Resort Residential (RR) District.. (i) Business, professional and ¢:lovernmental offices. fi) Buildinq, electrical and ~lumbinq contractors' businesses or yards. (k) Bus or train stations. (I) Cold storaqe plants, bakinq and other food processinq and packaqinq plants that are not offensive, obnoxious or detrimental to neiqhborinq uses by reason of dust, smoke, vibration, noise, odor or effluent. (m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleanin~l store. (q) Farmer's market. (r) Food caterinq. (s) Fraternal/Social institution or meetinq hall (non-profit). (t) Funeral homes. (u) Garden Materials, Wholesale or retail sale and accessory storaqe and display of supplies and plants, includinq nursery operations, provided that the outdoor storaqe 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. (v) Health care, continuinq care and life care facilities, but excludinq facilities for the treatment of all types of druq addiction, subiect to the requirements of 6100-31. (w) Historical Society. (x) Laundromats. (v) Libraries (z) Museums. (aa) Nursery school. (bb) Personal service stores and shops, includinq barbershops,beauty parlors, professional studios and travel agencies. ('cc) Philanthropic, eleemosynary or reliQious institutions. ('dd) Repair shops for household, business or personal appliances, includinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle and motorcycle shops. tee) Restaurants, excludinq formula food and take-out restaurants. ('fi) Retail stores. (qq) Telephone exchancles. (hh) Theaters or cinemas tother than outdoorl. (ii) Train or bus stations. (ii) Transportation services. (kk) Wholesale businesses, warehouses and building; material storaqe and sate, but excludinq storaqe of coal. coke, fuel oil or iunk. till Wholesale/retail beveraqe distribution. /mm) Wineries as set forth and requlated by 6100-81. ('nh) Workshops, Artists' and craftsmen's. (oo) Workshops. Custom. 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: B. Uses permitted bv special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subiect to site plan approval by the Planninq Board: (1) Any special exception use as set forth in and regulated by § 100 31B(2) to (12), except wineries are not rcquircd to be in connection with a vineyard. (3) Bcd 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. (25) Stables and riding academies. (11 Beach clubs, tennis clubs, country clubs, qolf clubs, public qolf courses and annual membership dubs caterinq exclusively to members and their quests and accessory playqrounds, beaches, swimminq pool~, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in ~100-31. (2) Car wash. (3) Cemeteries where accessory to a place of worship only. (4') Commercial recreation facilities, fully enclosed. (5) Drinkinq establishments. (6) Flea markets. (7) Hotel or motel uses as set forth in and requlated by ~ 100- 61B(4') of the Resort Residential (RR') District, except that the minimum lot size shall be three (3') acres. (8) Gasoline service stations, Public qaraqes, Car dealerships new and used motor vehicle lots, Vehicle rental, including tho sale of recreation vehicles and trailers and boat sales, and accessory repair facilities, all subiect to the followinq requirements: fa) 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 ~aid out as to avoid the necessity of any vehicle backinq out across any public riqht-of-way. (b) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a buildinq. (c) All service or repair of motor vehicles, other than such minor servicinq as chancle of tires or sale of qasoline or oil, shall be conducted in a building. (d) The storaqe of qasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five (35) feet from any property line other than the street line. (e) No qasotine or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (fl No qasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanaqe or rest home. (9) Gasoline service stations, Partial self-service, subiect to all of the provisions of ~100-101B(8) herein and the followinq additional requirements: (al Each partial self-service ¢lasoline 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 requlatinq the flow of qasoline to the disl2ensinq equipment thereafter to be operated by the customer at the self- service pump island and the dispensinq 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 qasoline to the dispensinq ecluipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, inctudinq when he is operatincl the dispensinq equipment on the other pump islands. lc) The console requlatinq the flow of qasoline to the remote dispensinq equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to 15 Clive the qualified attendant controllinq said console an unobstructed view of the operation of said remote dispensinq equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensinq nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (el The self-service pump island shall be protected bv an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinCluisher. (f) No customer shall be permitted to dispense qasoline unless he shall possess a valid motor vehicle operator's license. There shall be no latch-open device on any self-service dispensinq nozzle. (10) Laboratories, Research, desiqn or development, provided that any manufacturinq shall be limited to prototypes and products for testinq. (11 ) Nursery schools. (12) Parkinq lot. (13) Places of worship, includin(:l parish houses (but excludinq a rectory or parsonaCle, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in ~100-31. (14) Private elementary or hiqh schools, colleqes and other educational institutions, subiect to the restrictions in ~100-31. (15) Public utility riClhts-of-way as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ~100-31. (16~ One-family detached dwellinCls, not to exceed one (1 ~ dwellinCl on ~ach lot. (17) Restaurants, Formula food located within a shoppmq center in this zone, subject to the followinCl requirements: ]6 (a) There must be sufficient parkincl as provided for by the Article XIX, Parkincl and Loadincl Areas, of this chapter, and such parkinq area shall be available within the shoppincl center site to accommodate the use. ('b) The operation of the establishment shall not create traffic problems. There shall be no counter servincl outdoor traffic via a drive-in, ddve-throuclh, drive-up, ddve-bv or a wa[kup window or door. (d) Exterior siclnaqe shall conform in all respects to Article XX, Siclns, of this chapter and, further, may not be lit from within. re) Advertisements, includinq trademark Ioaos, may not be affixed, painted or Cllued onto the windows of the business or onto any exterior structure, includinq waste disposal receptacles and flaqs. The siqnacle must conform to the existincl color theme and siqnacle style of the shoppincl center. fq~ The existin~ exterior architectural style of the shoppinq center buildinq may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shoppinq center's main primary buildinq complex and may not be located within a sinclle freestandincl structure within the shoppinq center site. (18) Restaurants, Take-out, provided that eatincl on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desiclnated and properly maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40.000) scluare feet. (19) Terminal/bus or truck. (20) Transportation service, Private, includincl qaracle and maintenance facilities. (21) Veterinarian's offices and animal hospitals, subject to the restrictions in ~100-31. 9. Section 100-101.C General Business (B) (Use regulations) is hereby amended as follows: 17 C. Accessory uses. The followina uses are permitted as accessory uses and, except for residential accessory uses and sians, which are aoverned by Article XX, are subject to site plan review: (1) Accessory uses oct forth in and as regulated by §100 31C(1) through (8) and (10) of the Agricultural conservation Dictrict, subjoct to the conditions set forth in §100 33 thoroof. (1) Any customary structures or uses which are customarily incidental to the principal use. except those prohibited by this chr'pt~r. (2) Boat dockinq facilities for the dockinq, moorinq or accommodation of noncommercial boats, subject to the restrictions in ¢i100-31. (3) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (4) Garden ho~se, toolhouse, storaqe buildinq, playhouse, wadinq pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for Gain, subiect to the restrictions in §100-31. (5) Home occupation as restricted in 5100-31. (6) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street Parking spaces shall be permitted within the minimum front yard. (8) Open storaqe of materials or equipment, provided that such storaqe shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet hiqh and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. (9)The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictions of §100-31. (10) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakinq and the reqion and nonspecific items bearin.q the insiclnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. II. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions REVISBU2.DOC 10/30197 Judith T. Terry (/ Southold Town Clerk October 29. 1997 19 LOCAL LAW NO. - 1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permitted use as set forth in and regulated by § 100 31A of thc Agricultural Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (1 } The followinq uses are permitted uses without site plan approval by the Plannincl Board: fa) Aqricultural operations and accessory uses thereto as set forth in and requlated by ~100-31. (bi Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellinc~s, one-family detached, not to exceed one (1) dwellinq on each lot. (2) The followinq uses are permitted uses subject to site plan approval by the PlanninQ Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and cr~ft shops and galleries. [2] Custom workshops and machine shops. [4] Libraries or museums. (c) Funeral homes. (d) Restaurants, except drive in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (a) Bed-and-breakfast uses as set forth in and as regulated by ~ 100-31. (b) Repair shops for household, business or personal appliances, including cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops and motorcycle shops, landscaping and other service businesses. (c) Garden Materials, Wholesale or retail sale and accessory storage and display materials and plants, including nursery operations, provided that the outdoor stora~3e 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. Professional and business offices. Wineries wl~ich meet the followinq standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island qrapes is produced and sold. [2] Wineries shall have retail sales on site. Wholesale and warehousinq. 2. Section 100-81.B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 are subject to site plan approval by the P~anning Board: (1) Any special exception uso as sot forth in and regulated by § 100 31B of thc Agricultural Conservation District, except that wineries are not required to bo in connection with a vineyard, and except bcd and breakfasts. Apartment, One (1) accessory, in an existinq one-family dwellinq, subiect to the restrictions in ¢~100-31. (2) Beach clubs, tennis clubs, country clubs, qolf clubs, public ~lolf courses and annual membership clubs caterinq exclusively to members and their ¢~uests and accessory play(~rounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in ~100-31. (3) Cemeteries where accessory to a place of worship only. (4) Dwellinq, two-family, not to exceed one ('1) such dwellinq on each lot. (5) Historical society. (6) Nursery schools. (7) Places of worship, indudinq parish houses (but excludinq a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq), subject to the restrictions in 6100-31. (8) Private elementary or hitch schools, colleqes and other educational institutions, subiect to the restrictions in ~100-31. f9) Public utility riqhts-of-way as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ¢~100-31~ (10} Stables and ridinq academies. (11) Veterinarian's offices and animal hospitals, subject to the restrictions in ~100-31. 3. Section 100-81 ,C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and siclns, which are qoverned by Article XX, are subject to site plan review: (1) Any accessory use as sot forth in and rogulated by §100 31C (1) through (8) and (10) of Agricultural Conservation District, and subjoct to the oonditions set forth in §100 33 theroof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. ('2) Boat dockinq facilities for the dockinq, moorinq or accommodation of noncommercial boats, as set forth in and restricted by ¢~100-31. ('3) Garden house, toolhouse, storaqe buildinq, playhouse, wadinq pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subject to the restrictions in ¢i100-31. (4) Home occupation as set forth in and restricted by .~ 100-31. (5) Horses and domestic animals other than household oets, provided that such animals shall not be housed within forty ('40) feet of any lot line. Housinq for flocks of more than twenty-five (25~ fowl shall not be constructed within fifty ('50) feet of any line. (6) Garaqes, Private, provided, however, that not more than two passenqer autdmobile spaces in such qaraqes may be leased to persons not resident on the premises. (7) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkincl spaces shall be permitted within the minimum front yard. (8) The storaae of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictionsin §100-31. (9) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakin~ and the reqion and nonspecific items bearinq the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 4. Section 100-91.A Hamlet Business District (HB) (Use regulations) is hereby amended as follows: A. Permitted uses. 4 (1) Any pcrmitted use set forth in and regulated by §100 31(A) and (3) of the Agricultural Conservation District. (2) Any pcrmittod uses as set forth in and as regulated by §100 42A(2) of the Hamlet Residential District. (1) The followinq are permitted uses without site plan approval by the Planninq Board: fa) Bed-and-breakfast uses as set forth in and as requlated by §100-31. lb) Buildinqs, structures and used owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellinq,one-family detached, not to exceed (1) dwellinq on each lot. (d) Dwellinq, two-family. (2) The followin'q are permitted uses subject to site plan approval bv the Planninq Board: (a) Apartments may be permitted over retail stores and business, professional and qovernmental offices, subject to the foliowinq requirements: (1 ~ The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desiqn, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over fillinq stations, stores retailinq flammable or fume-producinq qoods, restaurants or other businesses with kitchens or other facilities producinq intense heat or any other establishment which the Fire Prevention Inspector determines to pose a qreater-than-averaqe built-in fire risk. (2) 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 be located on the first floor of the buildinq, and the apartment shall contain all services for safe and convenient habitation, meetinq the New York State Uniform Fire Prevention and Buildinq Code and the Sanitary Code. (3) There shall be no more than three (3) apartments created or maintained in any sinqle buildinq. (4~ Each apartment, or common hallway servicinq two (2) or three (3) apartments, shall have a separate access to the outside of the buildinq, which must be distinct from the access to uses on the first floor. rS) Each apartment shall have at least one (1) on-site off-street parkin(~ space meetinq the standards of'this chapter, conveniently located for access to the apartment. (6) Only the owner of the buildinq in which it is proposed to locate the apartmentfs) may apply for this special permit. The Board of Appeals shall require that such aoplicant execute such aareements, contracts, easements, covenants, deed restrictions or other le~lal instruments runninq in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that:: Iai The apartment, or any proprietary or other interest therein, will not be sold to tl~e tenant or any other party, except as part of a sale of the entire buildinq in which the apartment is located. The apartment is made available for year-round rental. [c] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. Id] Any other condition deemed reasonable and necassary to ensure the immediate and Iona-term success of the apartment in hetpinq to meet identified housinq needs in the community is complied with. lb) Art, antique and auction qalleries. (c/ Auditoriums or meetino halls. (d) Bakeshops flor on-premises retail sale). Banks and financial institutions. (f) Boardinghouses and tourist homes. Bus or train stations. (h) Business, professional and qovernmental offices. (i) Health care, continuinq care and life care facilitiesl but excludin~l facilities for the treatment of all types of drum addiction, subiect to the requirements of 6100-31. (ii Conference facility. (k) Day care Cprimarv). (ii Drv cleaninq store. (m) Farmer's market. (n) Fitness and exercise studios. (o) Fraternal or social institutional offices or meetinq halls. fp) Funeral homes. (q/Garden materials, wholesale/retail sales, (ri Church/house of worship. (s) Historical society. (ti Libraries. (u) Laundromats. (v) Museum. (wi Nurser,/school. (x) Philanthropic, eleemosynary or relieious institutions. (y/ Personal service stores and shops, inctudin~ barbershops, beauty oadors, professional studios and travel aqencies. (z) Repair shops for household, business or personal appliances, includinq cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle shops.2nd motorcycle shops. faa) Restaurants, excludinq formula food and take-out restaurants. (bb} Retail stores. (cc) Theaters or cinemas ('other than outdoor). (dd) Workshops, Artists' and craftsmen's. (ee) Workshops, Custom. 5. Section 100-91.B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subiect to site plan approval by the Planninq Board: (1) Any special exception use set forth in and as regulated by §100 31B(3) to (6) and (13) and (14) of the Agricultural Conservation District. (2) Nursery schools. (3) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all typos of drug addiction, subject to the restrictions set forth in §100 31. (4) Multiple dwellings and townhouses. (1 ~ Accessory apartment (one/in an existinq one-family dwellinq as set forth in §100-31. (2) Annual membership club. (3) Boardinq and/or tourist homes as set forth and reclulated by ~100-61B(5) of the Resort Residential fRR) District. (4) Commercial Recreation facility. (51 Drinkinq establishments. (6) Funeral homes. (7) Flea markets (8) Garaqes, Public, as set forth in and as regulated by ~100-101B. (9) Gasoline service station as set forth in and as requlated by .6100-101B. (10) Motel and hotel uses as set forth in and requlated by .~ 100- 61B(4) of the Resort Residential fRR) District, except that minimum lot size shall be three (3) acres. (11) Private elementary or hiqh schools, colle(3es, and other educational institutions subiect to the restrictions set forth in ~100- 31. (12) Public utility riqhts of way as well as structures and other installations necessary to serve areas within the town as set forth in ~100-31. (13) Multiple/row/town/attached dwellings. (14) Parkinq Iot~ (15) Restaurants, takeout and formula food, subject to the followincl requirements: (a) Adequate parkinq shall be provided in accordance with that required by Article XlX, Parkinq and Loadinq Areas, of this chapter. All parkinq spaces shall be located within reasonable walkinq distance of the site or three hundred f300) feet. whichever is less. The improvement or development of municipal parkinq may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Plannin(~ Board as part of its site plan review procedure by conductinq a parkinq survey of the capacity of the existinq municipal parkinq area to accommodate the p_roiected increase in usaqe due to the introduction of the subiect land use. (bi An assessment of the potential traffic impacts of the proposed use must accompany the Ionq environmental assessment form. The appropriate miticlation measures must be incorporated into the site plan. (c) There shall be no counter servinq outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or walkup window or door. (d) Exterior siqnaae shall conform in all respects to Article XX, Siqns, of this chapter and, further, may not be lit from within. (e) Advertisements, includinq trademark Ioqos, may not be affixed, painted or qlued onto the windows of the business or onto any exterior structures, includinq waste disposal receptacles and flaas. (fi The physical desitin, includinq color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildinqs, public spaces and uses in the particular location. f16) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The followina uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are subject to Article XX. are subiect to site plan review: (1) Accessory uses as set forth in and regulated by § 100 31C(1 ) through (7) of thc Agricultural Conservation District, and subjoot to thc conditions sot forth in § 100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Garden house, toolhouse, storaae buildinq, playhouse, wadinq pool, swimmina pool or tennis court incidental to the residential useof the premises and not operated for aain as set forth in ~100- 31. (3~ Home occupation, indudina home 0rofessional office and home business office as set forth in (4) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard, f5) Private qaraqes; provided, however, that not more than two (2) passenqer automobile spaces in such qaraaes may be leased to persons not resident on the premises. I0 regulations) (6} The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in §100-31. 7. Section 100-101 .A General Business District (B) (Use is hereby amended as follows: A. Permitted uses. 1. Any permitted use set forth in and regulated by §100 31A(2) and (3) of thc Agricultural Conservation District. 2. Any permitted use set forth in and regulated by §100 91^(3) to (19) of tho Hamlet Business District. (1 / The followinq are permitted uses without site plan approval by the Planninq Board: (a) Aqricultural operations and accessory uses thereto uses as set forth in and as requlated by ~100-31. (bi Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (2) The followinq uses are permitted uses and are subiect to site plan approval by the Planninq Board: fa) Apartments over retail stores & offices as requlated under §100-91. (bi Art, antique and auction qalleries. lc) Auditoriums or meetinq halls. (d) Auto repair shop. (e} Bakeshops (for on-premises retail sale}. (f) Banks and financial institutions. (¢1} Bed-and-breakfast uses as set forth in and as requlated by §100-31B. (h) Boardinqhouses and tourist homes as set forth and requlated by ~100-61B(5) of the Resort Residential (RR) District.. (ii Business, professional and ~overnmental offices. (i) Buildinq, electrical and plumbinq contractors' businesses or yards. (k) Bus or train stations. (II Cold storage plants, bakinq and other food processinq and packaqinq plants that are not offensive, obnoxious or detrimental to neiqhborinq uses by reason of dust, smoke, vibration, noise, odor or effluent. (m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleaning store. (q) Farmer's market. (r) Food caterinq. (s) Fraternal/Social institution or meetinq hall (non-profit)l (t) Funeral homes. (u) Garden Materials, Wholesale or retail sale and accessory storaqe and display of supplies and plants1 includinq nursery operations, provided that the outdoor storaqe 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. (v) Health care, continuinq care and life care facilities, but exdudina facilities for the treatment of all types of druq addiction, subject to the requirements of ~100-31. (w) Historical Society. (x) Laundromats. 12 (V) Libraries (z) Museums. (aa) Nursery school. (bb) Personal service stores and shops, includinq barbershops,beauty parlors, professional studios and travel aqencies. (cc) Philanthropic, eleemosynary or reliqious institutions. (dd) Repair shops for household, business or personal appliances, includina cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicvcte and motorcycle shops. (ee) Restaurants. excludinq formula food and take-out restaurants. (fi) Retail stores. (qq) Telephone exchanaes. (hh) Theaters or cinemas (other than outdoor). (ii) Train or bus stations. (ii) Transportation services. (kk) Wholesale businesses, warehouses and buildinq material storacle and sale, but excludinq storaqe of coal, coke, fuel oil or iunk. (ll'~ Wholesale/retail beveraqe distribution. (mm) Wineries as set forth and requlated by 6100-81. (nnl Workshops, Artists' and craftsmen's. (oo) Workshops. Custom. 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subiect to site plan approva~ by the P~anninq Board: (1) Any special exception use as sot forth in and regulated by § 100 31B(2) to (12), exoopt wineries are not required to be in connection with a vineyard. (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100 31B(14) of tho Agricultural Conservation District, oxoept that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (25) Stables and riding academies. (1) Beach clubs, tennis clubs, country clubs, qolf clubs, public qolf courses and annual membership clubs caterinq exclusively to members and their ~uests and accessory playqrounds, beaches, swimminq pools, tennis courts, recreational buildinqs and maintenance buildinqs, subiect to the restrictions in 6100-31. Car wash. Cemeteries where accessory to a ~lace of worship only. (4) Commercial recreation facilities, fully enclosed. f5) Drinkinq establishments. (6) Flea markets. (7) Hotel or motel uses as set forth in and requlated by ~ 100- 61B(4~ of the Resort Residential (RR~ District. except that the minimum lot size shall be three (3) acres. (8) Gasoline service stations, Public qaraaes. Car dealerships new and used motor vehicle tots, Vehicle rental, including tho sale of recreation vehicles and trailers and boat sales, and accessory repair facilities, all subiect to the foltowinq requirements: (al Entrance and exit driveways shall have an unrestricted width of not less than twelve (121 feet and not more than thirty (30) feet and 14- shall be located not less than ten (10) feet from any l~ropert¥ line and shall be so laid out as to avoid the necessity of any vehicle backinq out across any public riqht-of-wav. (bi Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a buildinq. lc) All service or repair of motor vehicles, other than such minor servicinc~ as chancle of tires or sale of qasoline or oil, shall be conducted in a buildinq. (d/The storaqe of qasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five (35) feet from any property tine other than the street line. (el No clasoline or fuel pumps or tanks shall be located less than fifteen (15/feet from any street or property line, (fl No qasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanaqe or rest home. (9) Gasoline service stations, Partial self-service, subject to all of the provisions of ~100-101 B(8/herein and the followinq additional requirements: (al Each partial self-service qasoline 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 reclulatinq the flow of qasoline to the dispensinq equipment thereafter to be operated by the customer at the self- service pump island and the dispensinq equipment on the other pump islands. lb) 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 qasoline to the dispensinq equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, includinq when he is operatinq the dispensinq equipment on the other pump islands. lc/The console requlatinq the flow of Qasoiine to the remote dispensinq equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to ~ive the qualified attendant controllinq said console an unobstructed view of the operation of said remote dispensinq equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensinq nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (el 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 extincluisher. (fl No customer shall be permitted to dispense clasoline unless he shall possess a valid motor vehicle operator's license. There shall be no latci'~-open device on any self-service dispensincl nozzle. (10/Laboratories, Research, desiqn or development, provided that any manufacturinq shall be limited to prototypes and products for testin,q. (11 ) Nursery schools. (12) Parkinq lot. (13) Places of worship, includinq parish houses (but excludincl a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq/, subject to the restrictions in ~100-31. (14) Private elementary or hiclh schools, collecles and other educational institutions, subiect to the restrictions in .~100-31. (15~ Public utility riqhts--of-way as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ~100-31. (16) One-family detached dwellinqs, not to exceed one (1) dwellina on ~ach lot. (17/Restaurants, Formula food located within a shoppinq center in this zone, subiect to the followincl recluirements: 16 (a) There must be sufficient parkinq as provided for by the Article XlX. Parkinq and Loadinq Areas, of this chapter, and such parkinq area shall be available within the shoppinq center site to accommodate the use. lb) The operation of the establishment shall not create traffic problems. (c) There shall be no counter servinQ outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a walkup window or door. Exterior siqnaqe shall conform in all respects to Article XX, Siqn$, of this chapter and, further, may not be lit from within. (e) Advertisements, includinq trademark Ioqos, may not be affixed, painted or (~lued onto the windows of the business or onto any extedor structure, includinq waste disposal receptacles and flaqs. The siclnaqe must conform to the existincl color theme and siqnaqe style of the shoppinq center. (ql The existing exterior architectural style of the shoppinq center buildinq may not be altered or modified in any way to accommodate the proposed use. (hi The use must be located within the shoppinq center's main primary buildinq complex and may not be located within a sinqle freestandinq structure within the shol2pinq center site. (18) Restaurants, Take-out, provided that eatinq on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desidnated and properly maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40,0001 square feet. (19) Terminal/bus or truck. (20/Transportation service, Private, includinq qaraqe and maintenance facilities. (21) Veterinarian's offices and animal hospitals, subiect to the restrictions in 6100-31. 9. Section 100-101.C General Business (B) (Use regulations) is hereby amended as follows: I? C. Accessory uses. The followin~ uses are permitted as accessory uses and, except for residential accessory uses and sit, ns, which are qoverned by Article XX, are subiect to site plan review: (1) Accessory uses set forth in and as rogulated by §100 31C(1) through (8) and (10) of the Agricultural conservation District, subjoct to tho oonditions set forth in §100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use. exccpt those prohibited by this f2} Boat dockina facilities for the dockinq, moorina or accommodation of noncommercial boats, subject to the restrictions in ~100-31. (3) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qaraqes may be leased to persons not resident on the premises. (4) Garden hou'se, toolhouse, storaae buildinq, playhouse, wadinq pool, swimmina pool or tennis court incidental to the residential use of the premises and not operated for qain, subject to the restrictions in 6100-31. (5) Home occupation as restricted in ~100-31. (6) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housinq for flocks of more than twenty-five (25) fowl shall not be constructed within fifty rS0) feet of any line. (7) Off-street parkina spaces accessory to uses on the premises. Not more than four (4) off-street parkinq spaces shall be permitted within the minimum front yard. (8) Open stora<3e of materials or eauipment, provided that such storaqe shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet hiqh and be suitably screened by a solid fence or other suitable means of at least six ~6) feet in heiaht. (9)The storac~e of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictions of §100-31. (1 O) Wineries may have an accessory ¢lift shop on the premises which may sell items accessory to wine, such as corkscrews, wine qlasses, decanters, items for the storaqe and display of wine, books on winemakinq and the reqion and nonspecific items bearinq the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. II. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions REVISBU2.DOC 10130/97 0CT-21-1997 ~:50 ~LSON & POPE,LI_P 51~ ~2'7 5620 P,01/01 From:. Date: NELSON, I~01~ &.VOORH'~, i. LC -*~-BY FAX ONLY - ONE (1) PAGE P~'sounel ' Hourly I~ Hours Sub~ Env. A,~lyst 78.00 I 78.00 2 Ear. Analyst 78.00 2 156.00 3 Prlucipal 135.00 1.5 202.50 ¢ Euv. Analy~ 7g.00 2 156.00 5 . Pri~il~l 135.00 2 270.00 Ear. Analyst 78.00 · 6 468.00 6 . PI~eipal 135.00 0.5 67.50 EnV. Ar~y~t 78.00 2 156.00 Pr~l:~' Full EAI: Parts I and II B~igw Tu~ 1 ~1~ ~ci~ ~ ~ of ' ~ ~11~ To~ ~ ~~r ~by Miaus 25% nmai~,~al.dis~tmt $1,554.00 1,165.50 We ar~ able ~o comrn~ce ~his pruj~m as socu mm ~wjmri~i- Pk~,~ advi.~ how you wish us ~m ' proc~ and feel fi~ ;0 call if you have aw/quc~om. 10/22/97 To: Town Board and Town Attorney From: Joe Townsend Re: Questions raised at 10/14 Town Board Meeting concerning change of bus. use legislation I talked to Building Inspector, Gary Fish, regarding the two points brought up by Alice Hussie at the last Town Board work session. Firstly, he knows of no limitation imposed by the NY Building code on the number of apartments over commercial space. However, if there are more than two, the fire safety requirements(i.e, fire walls, etc.) become more rigorous. He also could not think of any restrictions requiring a service attendent to be present at a gasoline service station. Therefore, if it is the Board's desire to change these two provisions, it can be done. This language existed in the code prior to the P&Z committee's review and it was not discussed at any meetings to my knowledge. LAURY L. DOWD TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: RE: Town Board Laury L. Dowd, Town Attorney October 22, 1997 Local Law on Business Uses I have revised the local law to put the uses in alphabetical order (to locate more easily) and to be sure that uses are cross referenced with restrictions listed earlier in the code. I did not opt to reiterate the restrictions in full at every location. Councilmember Townsend indicates that the Building Department did not have any problem with the code as it currently exists with respect to apartments over stores and gas stations, so I have left those sections unchanged. In some places, I have revised the wording of the use to make it easier to find. For example, artists workshops and custom workshops are now called "Workshops, artists" and "Workshops, custom". On pages 7, 9 and 14 I have made notes about other uses which seem redundant or unclear. Please suggest improvements. In a separate item, Nelson, Pope and Voorhis have submitted an estimate for performing the SEQRA review of these changes. LOCAL LAW NO. - 1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Section 100-81.A Limited Business District (LB) (Use regulations) is hereby amended as follows: A. Permitted uses (1) Any permitted use as set forth in and regulated by § 100 31A of the Agricultural Conservation District except wineries, which shall bo as set forth in Subsection A(2)(i) bolow. (1) The followin¢l uses are permitted uses without site plan approval by the Plannin~ Board: (a) A~ricultural operations and accessory uses thereto as set forth in and requlated by .~100-31. (b) Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Dwellinqs, one-family detached, not to exceed one (1) dwellinq on each lot. (2) The followinq uses are permitted uses subiect to site plan approval by the Planninq Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [z~] Libraries or museums. (c) Funeral homes. (d) Restaurants, except drive in restaurants. (e) Personal service stores and shops, including barborshops, beauty parlors, professional studios and travel agencies. (c) Repair shops for household, business or personal appliances, including cabinet shops, Carpenter shops, electrica~ shops, plumbing shops, furniture repair shops and bicycle shops~=q~l motorcycle shops, landscaping and other service businesses. (a) Bed-and-breakfast uses as set forth in and as requlated by ~ 100~31. (b) Garden Materials, Wholesale or retail sale and accessory storaqe and display materials and plants, includin¢~ nursery operations, provided that the outdoor storable 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. Professional and business offices. (d) Retail uses supplemental to the service business establishment. (e) Wineries which meet the foilowin¢l standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Lon.q Island ¢lrapes is produced and sold. [2] Wineries shall have retail sales on site. (f) Wholesale and warehousing. 2. Section 100-81 .B Limited Business District (LB) (Use regulations) is hereby amended as follows: 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 are subject to site plan approval by the Planning Board: (1) Any spocial exception use as sot forth in and regulated by § 100 31B of the Agricultural Conservation District, except that winories are not requirod to be in connection with a vineyard, and except bed and breakfasts. (1) Apartment, One (1) accessory, in an existinq one-family dwellin.q, subiect to the restrictions in ~100-31. (2) Beach clubs, tennis clubs, country clubs, .qolf clubs, public qolf courses and annual membership clubs catering exclusively to members and their quests and accessory playqrounds, beaches, swimmin¢l pools, tennis courts, recreational buildinCls and maintenance buildinqs, subiect to the restrictions in ~,100-31. (3/Cemeteries where accessorv to a place of worship only. (4) Dwellin¢l, two-family, not to exceed one (1) such dwellin~ on each ~ot. (5) Historical society. (6) Nursery schools. (7) Places of worship1 includin¢l parish houses (but exciudinq a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in .~100-31. (8/Private elementary or hi,qh schools, colleqes and other educational institutions, subject to the restrictions in ¢~100-31. (9/Public utility riclhts-of-wav as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in ~100-31. (10) Stables and ridinq academies. (11 ) Veterinarian's offices and animal hospitals, subiect to the restrictions in ,~100~31. 3. Section 100-81 .C Limited Business District (LB) (Use regulations is hereby amended as follows: C. Accessory uses. The followin~ uses are permitted as accessory uses and, except for residential accessory uses and signs, which are qoverned bv Article XX, are subiect to site plan review: (1) Any accessory use as set forth in and rogulated by §100 31C (1) through (8) and (10) of Agricultural Conservation District, and · h .... ,4;~i .....~ ~,-,,-~h i,q, '~'~00 3~ ~h .... ~ (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited bv this chapter. (2) Boat dockinq facilities for the dockinq, mooring or accommodation of noncommercial boats, as set forth in and restricted by ~100-31. (3) Garden house, toolhouse, storaqe building, playhouse, wadinq pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in ~100-31. (4) Home occupation as set forth in and restricted by .~ 100-31. (5) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty feet of any lot line. Housing for flocks of more than twentvofive fowl shall not be constructed within fifty (50) feet of any line. (6) Garaqes, Private, provided, however, that not more than two (2) passenqer automobile spaces in such qarages may be leased to persons not resident on the premises· (7) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. f8) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictionsin §100-31. (9) Wineries may have an accessory qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 4. Section 100-91 .A Hamlet Business District (HB) (Use regulations) is hereby amended as follows: A. Permitted uses. (1) Any pormitted use set forth in and regulated by §100 31 lA) and (3) of the Agricultural Conservation District. (2) Any pormitted usos as sot forth in and as regulatod by §100 42A(2) of the Hamlot Residontial District. (1) The followinq are permitted uses without site plan approval by the Planninq Board: la) Bed-and~breakfast uses as set forth in and as requlated by §100-31. lb) Buildinqs, structures and used owned or operated by the Town of Southold, school districts, park districts and fire districts. lc) Dwellinp,one-family detached, not to exceed (1) dwellinq on each lot. (d) Dwelling, two-family. (2) The followinq are permitted uses and, are subiect to site plan approval by the Plannin.q Board: (a~) Apartments ma,/be permitted over retail stores and business, professional and ¢lovernmental offices, subiect to the followinq requirements: (1) The explicit written approval of the 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 greater-than-average built-in fire risk. (2) 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 be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. (3) There shall be no more than three (3) apartments created or maintained in any single building. (4) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. (5) 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. (6) 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 such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [al The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [bi The apartment is made available for year-round rental. Ici The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. Id] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. (b) Art, antique and auction qalleries. (c) Auditoriums or meetin¢l halls. ('d) Bakeshops ffor on-premises retail sale). Banks and financial institutions. (fi Boardinqhouses and tourist homes. (q/Bus or train stations. (h) Business, professional and qovernmental offices. (i) Church/House of worship. (is this necessary, since (w) below allows religious institutions?) (i) Conference facility. (k) Day care (primary). (I) Dry cleanin~ store. (m) Farmer's market. (n) Fitness & exercise. Is this a problem as a permitted use, since commercial recreational facility's definition refers to health clubs, but require a special exception? (o) Fraternal or social institutional offices or meetinq halls. P/Funeral home. (q) Garden materials, wholesale/retail sales. (r) Historical society. (s) Libraries, (t) Laundromats. fu) Museum. (v) Nursery school. (w) Philanthropic, eleemosynary or reliqious institutions, health care, continuinq care and life care facilities, but excludinq facilities for the treatment of all types of dru¢l addiction, subiect to the requirements of ~100-31. ('x) Personal service stores and shops, includinq barbershops, beauty parlors, professional studios and travel agencies, (y) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicvcle shops.3nd motorcycle shoi~s. (z) Restaurants, excludin.q formula food and take-out restaurants. (aa) Retail stores. (bb) Theaters or cinemas tother than outdoor). (cc) Workshops, Artists' and craftsmen's. (dd) Workshops, Custom. 5. Section 100-91.B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: 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, subiect to site plan approval by the Planninq Board: (1) Any special exception use set forth in and as rogutated by §100 31B(3) to (6) and (13) and (14) of the Agricultural Conservation Distri~. (2) Nursery schools. (3) Philanthropic, eleomosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the restrictions set forth in §100 31. (4) Multiple dwollings and townhouses. (1) Accessory apartment (one) in an existing one-family dwelling as set forth in .~100o31. (2) Annual membership club (3) Boarding and/or tourist homes as set forth and regulated by .~100-61B(5) of the Resort Residential (RR) District. (4) Commercial Recreation facility. (5) Drinkin~ establishments. (6~ Funera~ homes. (7) Flea markets. (8) Garacles, Public, as set forth in and as reciulated by §100-101B. (9) Gasoline service station as set forth in and as rec~ulated by .~100-101B. (10) Motel and hotel uses as set forth in and regulated by .~ 100- 6113(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. (11 ~ Private elementary or hiqh schools, co~ec~es, and other educational institutions subiect to the restrictions set forth in §100-31. (12) Public utility ric~hts of way as well as structures and other installations necessary to serve areas within the town as set forth in ~100-31. (13) Multiple/row/town/attached dwellinqs. (14) Parkinq lot (any need to say public or private?). (15) Restaurants, takeout and formula food, subject to the followinq requirements: (al 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 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 loges, 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. (16) Terminal/bus or truck. 6. Section 100.91.C (Use regulations) Hamlet Business (HB) District is hereby amended as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and siqns, which are subject to Article XX, are subiect to site plan review: (1) Accessory uses as set forth in and regulated by § 100 31 C(1 ) through (7) of the Agricultural Conservation District, and subject to tho conditions set forth in § 100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Garden house, toolhouse, storaqe building, playhouse, wadin.q pool, swimminq pool or tennis court incidental to the residential useof the premises and not operated for ~ain as set forth in ~100- ~1. (3) Home occupation, includin~ home professional office and home business office as set forth in .~100-31. IO regulations) (4) Off-street parkin¢l spaces accessorv to uses on the premises. Not more than four (4) off-street parkin¢~ spaces shall be permitted within the minimum front yard. (5) Private claraqes; provided, however, that not more than two (2) passenger automobile spaces in such ¢~araqes may be leased to persons not resident on the premises. (6) The storaqe of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in ~100-31. 7. Section 100-101 .A General Business District (B) (Use is hereby amended as follows: A. Permitted uses. 1. Any permitted use set forth in and regulated by §100 31A(2) and (3) of tho Agricultural Conservation District. 2. Any permitted use sot forth in and regulated by §100 91A(3) to (19) of the Hamlet Business District. (1) The followin~ are permitted uses without site plan approval by the Plannin~ Board: (a) A~ricultural operations and accessory uses thereto uses as set forth in and as requlated by .6100-31. (b) Buildinqs, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (2~ The followinq uses are permitted uses and are subiect to site plan approval by the Plannin~ Board: Apartments over retail stores & offices as requlated under ~100-91. (b) Art, antique and auction ~alleries. (c) Auditoriums or meetin¢l halls. Auto repair shop. ('e) Bakeshops (for on-premises retail sale). (f) Banks and financial institutions. f~l) Bed-and-breakfast uses as set forth in and as requlated by .~100-31B. (h) Boardinqhouses and tourist homes as set forth and rec~ulated by .~100-61B(5) of the Resort Residential (RR) District.. (i) Business, professional and qovernmental offices. (i) Building, electrical and plumbin~ contractors' businesses or yards. (k) Bus or train stations. (I) Cold storage plants, bakinq and other food processinq and packaqin¢l plants that are not offensive, obnoxious or detrimental to neiqhborinq uses by reason of dust, smoke, vibration, noise, odor or effluent. (m) Commercial Recreation facility, fully enclosed. (n) Conference facility. (o) Day Care (Primary). (p) Dry cleaninq store. (q) Farmer's market. (r) Food catering. (s) Fraternal/Social institution or meetin¢l hall (non-profit). (t) Funeral homes. (u) Garden Materials, Wholesale or retail sale and accessory storaqe and display of supplies and plants, includinq nursery operations, provided that the outdoor storaqe 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. (v) Historical Society. (wi Laundromats. (x) Libraries (v) Museums. (z) Nursery school. ('aa) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (bb) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life care facilities, but excluding facilities for the treatment of a~l types of drug addiction, subiect to the requirements of ¢~100-31. (cc) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbinq shops, furniture repair shops and bicycle and motorcycle shops. (dd} Restaurants, excluding formula food and take-out restaurants. (ee) Retail stores. (fi) Telephone exchanges. (qg) Theaters or cinemas (other than outdoor). (hh) Train or bus stations. (ii) Transportation services. ('ii) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or )unk. (11) Wholesale/retail beverage distribution. (mm) Wineries as set forth and regulated bv ~100-81. (nn) Workshops, Artists' and craftsmen's. (oo) Workshops, Custom. ]3 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: 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 Plannincl 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. (3) Bed and breakfast enterprises or boarding and/or tourist homos as set forth in and regulated by § 100 31 B(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 tho Town Code. (25) Stables and riding academies. Automobile laundries. How about: catlJ, ng ~ash? (2) Beach clubs, tennis clubs, country clubs1 golf clubs, public golf courses and annual membership clubs caterinq exclusively to members and their guests and accessory playqrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildinqs, subiect to the restrictions in ¢~100-31. (3) Cemeteries where accessory to a place of worship only. (4) Commercial recreation facilities, fully enclosed. (5) Drinking establishments. (6~ Flea markets. (7) Hotel or motel uses as set forth in and regulated by .~ 100- 61B('4) of the Resort Residential fRR) District, except that the minimum lot size shall be three f3) acres. (8) Gasoline service stations, Public garages, Car dealerships new and used motor vehicle lots, Vehicle rental, including the sa~e ef recreation vehicles and trailers and beat sales, and accessory repair facilities, all subject to the followinQ 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) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (c) 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. (d) The storage of gasoline or flammable oils in bulk shall be stored in approved containers and not less than thirty-five (35) feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (f) No 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. (9) Gasoline service stations, Partial self-service, subject to all of the provisions of ~ 100-101Bf12) herein and the followinq 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 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 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 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. (10) Laboratories, Research, desiQn or development, provided that any manufacturinq shall be limited to prototypes and products for testing. (11 ) Nursery schools. (12) Parkinq lot. Do we have to mpell out if public or private? (13) Places of worship, includinq parish houses (but excludin~ a rectory or parsonaqe, which shall conform to the requirements for a one-family dwellinq), subiect to the restrictions in ~100-31. (14) Private elementary or hiah schools, colleges and other educational institutions, subiect to the restrictions in ~100-31. (15) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subiect to the restrictions in .~100-31. (16) One-family detached dwellings, not to exceed one (1) dwellinq on each lot. (17) Restaurants, Formula food located within a shoppinq center in this zone, subject to the followinq requirements: la) 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. lb) The operation of the establishment shall not create traffic problems. lc) 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 sha~ conform in a~ respects to Article XX, Signs, of this chapter and, further, may not be ~it from within. (e) Advertisements, including trademark Iogos, 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. (18) Restaurants, Take-out, provided that eatinq on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically desiQnated and propedv maintained outside of the structure and where the minimum lot size for a freestandinq structure is forty thousand (40,000) square feet. (19) Terminal/bus or truck. (20} Transportation service, Private, includinq ¢~araqe and maintenance facilities. (21) Veterinarian's offices and animal hospitals, subiect to the restrictions in ~100-31. 9, Section 100-101,C General Business (B) (Use regulations) is hereby amended as follows: C. Accessory uses. The followinq uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subiect to site plan review: (1) Accessory usgs 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. (1) Any customary structures or uses which are customarily incidental to the principal use, except thosc prohibited by this (2) Boat docking facilities for the docking, moorinq or accommodation of noncommercial boats, subiect to the restrictions in §100-31. (3) Garages, Private, provided, however, that not more than two (2) passenger automobile spaces in such garaqes may be leased to persons not resident on the premises. (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimminq pool or tennis court incidental to the residential use of the premises and not operated for qain, subiect to the restrictions in ~100-31. (5) Home occupation as restricted in .~100-31. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty f40) feet of any lot line. Housing for flocks of more than twenty-five ('25) fowl shall not be constructed within fifty (50) feet of any line. (6) Off-street parkinq spaces accessory to uses on the premises. Not more than four (4) off-street parkin~ spaces shall be permitted within the minimum front yard. (10) Open storage of materials or equipment, provided that such storaqe shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet hiqh and be suitably screened by a solid fence or other suitable means of at least six f6) feet in he ¢lht. (71 The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subiect to the restrictions of §100-31. f9) Wineries may have an accessory Qift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storac~e and display of wine, books on winemakinq and the reqion and nonspecific items bearina the insiqnia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. This local law shall take effect upon the filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions REVISBU2.DOC 9/2~J97 LOCAL LAW NO. -1997 A Local Law to Revise Business Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) is hereby amended as follows: 1. Sectdon 100-81.A Limited Business District (LB) (Use is hereby amended as follows: A. Permitted uses (~,) Any pcrmitte~ uso as :ct forth in and rogul:.tcd by § ".00 3':A cf tho ,a~r!cultur~J Conscrzcticn Oistr~ct 2xccpt wincrics, which sh~.ll bo :s :ct fomh :m Subsection A(2)(i) bclow. ( I ) The following uses are permitted uses without site plan a~:prcvat by the P!anning Board: (a) One--family me(ached dwellings, not to exceed one (i) dwelling on eec,~ lot (b) Agricultural operations and accessory uses thereto. (c) Buildings. structures and uses owned or opera[ed by (he Town of Scuthold. scmcol districts, par~ distri~s and fire distn~s. (d) Wineries. (2) The following uses are permitted uses subject, to [he' site pian apprcvat by the P!anning Board: (a) Re'.:'ii bus:messes .~cmplcmentar/to :he rural :nd 3~3r"c;ar of thc ;urroumding area. :im~tcd to ',he "ollcwimc~: !2] ¢_s;cm wor:(s;'oos Omc m2c,~ino :a! Whciesa~e :r 'e'.ait sale and accesser,/stcrage and ¢,is~,iay cf ~'ercen me[er'sis end ,~lan~s. :nc:using ~urser/ocereuons. 3rovJcec :ha[ :~e :u[cocr s~orage CF zisclav 3f 2iaF,'[s imm ,ffl, e[epals regulations) regulations) does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. [d] Libraries or museums. (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive in restaurants. (eFPersonat service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (c) Repair shops for household, business or personal appliances, inc!uding cabinet shops, Carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops and motorcycle shops, Iandscaping and other service businesses. (d) Wholesale and warehousing. (e) Retail uses supplemental ~to the servtce business establishment. ~ (f) Wineries which meet the following standards: [! ] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. [2] Wineries shall obtain site plan approval. [3] Wineries shall have retail sales on site. (g) Bed-and-breakfast uses as set forth in and as regulated by § 100-31. 2. Section 100-81 .B Limited Business District (LB) (Use hereby amended as follows: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Bcard of Appeals as hereinafter provided and are subiect to site plan approval by the Planning Board: (1) Any special exception use as sot forth in and regulated by § ~r~n '~ ~ of tho Agricultural C~n.,orv .... ........... ~e-not ~equ~red ,o bc in connection with a ' vlno~,~, except bed and breakfasts, i (1) Two-family dwellings not 1~o exceed one (1) such dwelling on each lot. (2) Places of worship, includihg parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the restrictions in §100-31. (3) Private elementary or higt~ schools, colleges and other educational institutions, subject to the restrictions in §100-31. (4) Nursery schools. (5) Public utility rights-of-wayl as well as structures and other installations necessary to serve areas within the town, sublect to the restrictions in §100-31. (6) Beach clubs, tennis clubsi country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches. swimming pools, tennis courts, recreational buildings and matmenance buildings, subject to the restrictions in §100-31 (7! Veterinarian's offices and animal hospitals, subject to the restrictions ~n §100-31 (8) Cemeteries where accessory to aotace of worshic Only (9) Stables and riding academies. (I01 One (1) accesson/apartment in an exisUng one-family dweiling, subject to the restrictions in §100-31 Historical society. 3 Sec:Ion I00-81 .C Limited Business District: LB/(Use regulations is hereby amended as follows: C Accesscnz ,Jses. The following uses are cermltted as accesson/ uses and. exceo~ for residential accessory, ..ses and signs ,vnlcn are governed 3y ,Anic',e XX. are sub!edt :o si[e 3~an rev~e,,v (1) Any accessory use as sot forth in and regulated by §100 31C (1) through (8) and (10) of Agricultural Conservation District, and subject to the conditions sot forth in §100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Home occupation as restricted in § 100.31. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the restrictions in §100-31. (4) Garden house, toolhouse, storage building, playhouse, wading pool. swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the restrictions in §100-31. (5) Private garages: provided, however, that not more than two (2) passenger automoPile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occucant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the restrictions in §100-31. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot tine. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any tine. ,9) Wineries may ~ave an accessory gift shop on the premises wni6;~ may sell items accessory to wine. such as corkscrews, wine glasses, decanters, items for the storage and display of wine. books on winema~mg and the region and nonspecific items bearing ;he rns~gma of the winery. Wineries may ,~o~ have a commercial kito,~en ~s ~n sccessory use but may have a noncommercial kitchen fac',iity cot or,vale use by ~he emoioyees regulations) 4 Section 100-91.A Hamlet Business District (HB) (Use is hereby amended as follows: A. Permitted uses. (1) Any permitted use set forth in and regulatod by §100 31(A) and (3) of the Agricultural Conservation District. (2) Any permitted uses as sot forth in and as rogulatod by §100 42%&(2) of the Hamlet Rosidontiat District. (1/The followinq are permitted uses without site plan alaoroval by the Planninq Board: (a) One-family detached dwelling, not to exceed (1) dwelling on each lot. (b) Buildings, structures and used owned or operated by the Town of Southold, school districts, park districts and fire districts. (c) Two-family dwelling. (d) Bed-and-breakfast uses as set forth in and as regulated by §100-31B(14). f2/The followinq are oermitted uses and. are subiect to site plan a~oroval bv the P!annino Board: (a) Boardinghouses and tourist homes. (b) Business. professional and governmental offices. (c) Banks and financial institutions. (d) Retail stores. (e) Restaurants. excluding formula food and take-out restaurants. ill Bakes,hops (for on-premises retail sale). (g) Personal so.ice stores and shops, including barbershops, beau~ parlors, professional studios and travel agencies. ',hi Ar~. ~nticue and auction galleries. (i) Artists' and craftsmen's workshops. (j) Auditoriums or meeting halls. (k) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle shops.3nd motorcycle (I) Custom workshops. (m) Bus or train stations. (n) Theaters or cinemas (other than outdoor). (o) Libraries or museums. (p) Laundromats. (o) Fitness & exercise. (ri Dav care fprimary). {s) Historical soc;etv. (t) DF/cleanino store. (u/ Farmer's market. (vl Church/House of worship. (wi Fraternal or social institutional offices or meetinq halls. fx) Library (yt Museum. (,_, Nursery school. ¢aa) PhiJaPt~rooic. eJeemosynarv or reliaious restitutions heaith ,:are. contmumo care and life care facilities, bu[ 9xcludino facilities for the trea[ment of all tvoes of druq addiction, subject To the reou rements of ~100-31 (bbt Apartments may be perrr itted over retail stores and business, 9rofessional and oovernmental offices, subiect to the followinq requirements: (1) The explicit written approval of the 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 greater-than-average built-in fire risk. (2) The habitaPle 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 be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. (3) There shall d,e no more than three (3) apartments created or maintained in any single building. (4) Each apartment, or common hallway servicing ~o (2) or three (3) apartments, snail have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor (5) 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. (6) Only the owner of the building in which it is =rooosed to locate the apartment(s) may apply for this s~ecial permit. The Board of Appeals shall require that such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal ~nstruments running in favor of the town as. upon recommendauon of the Town Attorney. '.he Board snail determine to 3e necessan/:o ensure that: !al The apartment, or any proprietary or other merest *here~n. ,vdl not be soid ~o :~e tenant or any other party, excect as oar~ of a sale of the entire su~ioing ~n wRIC,'q ti~e aBas. mom ;s coated. lb] The apartment is made available for year-round rental. lc] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. Id] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. Art qallerv. (dd) Conference facility. (ee) Funeral home. (ff~ Garden materials, wholesale/retail sales 5. Section 100-91 .B (Use regulations) Hamlet Business (HB) District is hereby amended as follows: 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: (I) Any special exception uso set forth in and as regulated by ,§'t 00 31B(3) ~o (6) and (13) and (ld) of;,he Agra"' '~* ......... .... ~ Conservation m;¢~'-;"+ (1) Private elementary or high schools, colleges, and other educational institutions subject to the restrictions set forth in §100- 31. (2) Nursery schools. (3) Philanthrooic. 31ccmosynary or religious institutions, health c.:ro. ,:ontinuing :are and life facilities, but excluding facilities for tho treatment of ail typos of drug addiction, subjcct to the restrictions :et forth in .§100 31 ~'2} Public ul[iiity rignts of way as well as structures and other installations necessary to serve areas within the town as set forth ~n ~iC0-31 (3) One (1) accessory apartment in an existing one-family dwelling as set forth in §100-31. (4) Mc!tip!s~twe~lings and townhousos. (4) 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. (5) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. (6) Drinking establishments. (7) Public garages. (8) Funeral homes. (9) Flea markets. (10) Takeout and formuta food restaurants, subject to the foilowing requirements: (a) Adequate parking shall be provided in accordance with that required by Article X[X, Parking and Loading Areas. of this chapter. All parking spaces shall be located within reasonal21e 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 land use, (b) An assessment of the potential traffic impacts of the proposed use must accompany the tong environmental assessment form. The appropriate mitigation measures must be incorporated into the s~te plan. (c) There shall be no counter servtng outdoor traffic via a drive-in. drive-through, drive-up, drive-by or walkup window or door. (d) Exterior signage shall conform in ail respect~s :o Article XX. Signs, of th~s chapter and. further, may r*ot Ce !it from (e) Advertisements, including trademark Iogos, 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. Annual membership club. (12/Terminal/bus or truck. Gasoline service station. (14) Commercial Recreation facility. (15'~ Parkinc! lot. ( 16~ Multiple/row/town/attached dwellinc!s. 6. Section 100.91 C (Use regulations) Hamlet Business (HB) District is herePy amended as follows: C. 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 3tan review: (1) ,.~.csossor,/uses as sot forth in and ;oguiated by § !00 31 C(1) thrcugn (7) of the Agricultural Conservation District. -*nd subjoct to tho :onditions sot fcrth in § 100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use. except those ~rohibited by this chapter (2) Home occupation, including home professional office and home business office as set forth in §100-31. (3) Garden house, toolhouse, storage building, playhouse, wading pool. swimming pool or tennis court ~ncioental to the residential use of the premises and not operated for gain as set forth n §100-31 (4) Private garages: provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (5) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (6) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use as set forth in §t00-3'1. 7. Section 100-101 .A General Business District (B) (Use regulations) is hereby amended as follows: A. Permitted uses. '~. Any permitted use sot forth in and regulated by §100 3!A(2) and (3) of tho Agricultur31 Conservation District. 2. Any permitted use set forth in and regulated by §100 g!A(3) to (19) of tho Hamlet Business District. (1 / The followino are :~ermitted uses without site elan ac~oroval bv the Plannino Boaro: (a) Agricultural operations and accessory uses thereto as prescribed in §100-31. (b) Buddings. structures and uses owned or operated by the Town of Southold. school districts, park districts and fire districts. (2) The following uses are permitted uses and are subject to site plan approval by the Planning Board: (a) 8oardinghouses and tourist homes. (b) Business. professional and governmental offices. !c) Banks and financial institutions. (d) Retail stores ~e) Restaurants. excluding formula food and taKe-out res;aurants. (f) Bakeshops (for on-premises retail sale). (g) Personal sen/ice stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (h) Art, antique and auction galleries (i) Artists' and craftsmen's workshops. (j) Auditoriums or meeting halls. (k) 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. (I) Custom workshops~ (m) Bus or train stations. (n) Theaters or cinemas (other than outdcor). (o) Libraries or museums. (p) Laundromats (q) Bed-and~breakfast uses as set forth ~n and as regulated by §100-318 (r) Wholesale businesses, warehouses and building material storage and sale. but excluding storage of coal, coke. fuel oil or iunk. (s) Building, electrical and plumbing contractors' businesses or yards. (t) Cold storage plants, baking and other food processing and packaging plants !hat are not offensive, ounoxious or detrimental to neighboring uses ~y reason of dust, smoke, vibraUon, r~oise, odor or effluent. (u) Wholesale or retail sale and accessory, storage and ,display of garden materials, suoplies and plants, ~nc~uding nursery o[:erations, prowoed that the outdoor storage or disolay of c~ants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (v) Wholesale/retail beverage distribution. (w) Funeral homes. (x) Train or bus stations. (y) Telephone exchanges. (z) Wineries which meet the following standards: (1) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (2) It shall obtain site plan approval. (3) It shall have retail sales on site. (aa) Farmer's market. (bb) Auto reoa~r shoo. (cc) Fitness & Exercise club. (dd) Day Care (Primarvl. (ee) Historical Society. (fi) Dry cleaninc! store. (gg) Food catennq. (hh) Fraternal/Social institution or meetinq hall mon-orofit/. (ii) Nursery school. (jj) Phdanthrooic. eleemosvnarv or religious insututions, health care continu~nq care and life care facilities, but excluding: -'aciiities for the treatment of ail b/Des of druo addiction, sublect to ;he requirements of ~,100-31. (kk) Aoartments over retail stores & offices as tabulated ur'der ~100-91. (11) Conference facility. (mm) Commercial Recreation facility. (nn) Transoortation services. (oo) Wholesale warehouse. (pp) Custom workshop. 8. Section 100-101.B General Business (B) District (Use regulations) is hereby amended as follows: 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 Pfanning Board: (1) Any special exception usc as set forth in and regulated by § 100 318(2) to (1£), except winches are not required to be in connect[on with a v~noyard. (2) Hotel or motel uses as set forth in and regulated by § 100- 618(4) of the Resort Residential (RR) District. except that the minimum lot size snail be three (3) acres. (3) Bcd ,~nd breakfast 3nterpriscs or bo,arding and/or tourist homes as sot for:,h in and regutatcd by § 100 31 B(1,1) of the Agricultural Conscr'zaticn District, except that no site plan approval is required. (d) Tourist camps :s regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research. design or development laboratories, provided that any manufactunng shall be limited to prototypes and products for testing. 6) Fully encJosed commercial recreation facilities, including but not limited to (enn~s clubs, skating rinks, paddle tennis, handball and squash facilities, dance h~atls, billiard parlors, bowling alleys, '~eatth seas and cluDs and uses normally accesser'/and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) 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. (8) Drinking establishments. (9) Automobile laundries. (10) Public garages, gasoline service stations, car dealerships ,qc;'.' and uscd motor vohic!e lots, vehicle rental, including tho sale of rccroation vehicles and trailers and boat sales, and 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 snail be so laid out as to avoid the necessity of any vehicle backing out across any pubiic right-of-way (b) Vehicte lifts or pits. dismantled automobiles, boats and vetaicies and ail pads or supplies shall be located within a building. (c) All service or repair of motor vehicles, other than such minor serv~c',ng as change of tires or sale of gasoline or oil, shall be conducted in a building. (d) T'ne storage of gasoline or flammable oils (n bulk shatl be stored in approved containers and not less than thirty-five (35) feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (f} No gasoline service or repair shops or similar businesses are to 'De located within three hundred (300) feet of a church, public sc,heel, library, hospital, orphanage or rest home. (13) Partial se!f-service gasoline service stations, subje~ to all of the provis~ons of § 100-101 B(12) herein and the following additional requ~reme,qts: (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 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 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 gasotine 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 ali pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch fcr this pump is manually operated. (e) The self-sen/ice 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. (0 No customer shall be permitted to dispense gasoline unless l~e shall possess a valid motor vehicte operator's license. (g) There shall c~e no latch-open device on any self-service dispensing nozzie. (14) Private transoorta~ion service, ~nctuding garage and maintenance faciiit~es. (15) One-family detached dwellings, not to exceed one ~1) dwelling on each lot. (16) 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 ~vithin 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 Fit from within. (e) Advertisements. including trademark Iogos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. The signage must conform to the existing color theme and s~gnage 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 s~ngle freestanding structure within the shopping center site. (17) Flea markets. (I 8) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a cne-famity dwelling), suDiect to the restrictions in §100-31 ~19) Private eiementary or high schools, colleges and other educational institutions, sub]ect to the restrictions ~n §100-31 Nursery schools (21) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to the restrictions in §100-31. (22) Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the restrictions in §100-31. (23) Veterinarian's offices and animal hospitals, subject to the restrictions in §100-31. (24) Cemeteries where accessory to a place of worship only. (25) Stabtos and riding academies. (26~ Parkinq lot. (27) Terminal/bus or truck. 9 Section 100-101.C General Business (8) (Use regulations)is hereby amended as follows: 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 set forth in and as rcgulatcd by §100 31C(1) ',brough (8) and (10) of the Agricultural conservation District, subject to tho conditions set forth in §100 33 thereof. (1) Any customary structures or uses which are customarily incidental to the principal use. 3xccpt those prohibited by this chapter. (2) Home occupation as restricted in §100-31. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to (he restrictions in §100-31. (4) Garden house, toolhouse, storage budding, playhouse, wading pool. swimming pool or tennis court ~nc~dentai to the residential use ti. of the premises and not operated for gain, subject to the restrictions in §100~31. (5) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the restrictions of §100-31. (8) Horses and domestic animats other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine. books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. (10) Open 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. This local law shall take effect upon the filing with the Secretary of State. Underline represents additions Strikethrougn represents deletions REVISBU2.DOC SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Town of Southold Town Board Address: Date: Town Hall, 53095 Main Road Southold, New York 11971 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Draf~ Local Law to Revise Business Uses Town of Southold, New York SEQR Status: Type I Action [6 NYCRR Part 61T 12(12)] Project Description: The proposed action is an amendment to the Southold Town Code, which would amend the sections of the Town Code which regulate the uses allowed in the Hamlet Business, General Business and Limited Business zones. The intention is to revise the Zoning Ordinance to better meet stated Town land use goals as reflected in the 1985 Master Plan Update and 1994 Stewardship Task Force Recommendations, as well as in the stated purpose of each zoning district contained within the current Code. The proposed revisions also seek to regulate additional business uses which were not addressed under the original Code. Other changes are intended to streamline the application process for some uses which are considered desirable within specific zoning districts. The Master Plan and Task Force Reports emphasize the need to maintain the rural and historic quality of the Town by concentrating commercial development within the existing hamlets along the NYS Route 25 corridor. The goal is to create lively, tourist oriented hamlets along NYS Route 25, while SC Route 48, which runs parallel to NYS Route 25, would be maintained as a rural highway carrying the majority of through traffic. Most of the Limited Business zoned property within the Town is located along SC Route 48 and rural portions of NYS Route 25, while the General Business and Hamlet Business zoned properties are located primarily along NYS Route 25, with a large area orb zoning on SC Route 48 in Southold. The draft law would revise the allowed uses within the three business zoning categories to reduce the intensity of development within the LB zone, while encouraging more appropriate development throughout all three zoning districts. Reasons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6 NYCRR Part 617.7(c), the Long Environmental Assessment Form Pans I, II and III, and the following specific reasons: In comparing the proposed action with SEQR Criteria for Determining Significance, it is noted that the action will not change, destroy or impair air, water or natural/open space resources, or historic&rchaeological resources in the Town of Southold. The action will not significantly increase traffic volumes, solid waste generation or impact on population patterns, noise levels, or the use of energy. The proposed action will not create a hazard to human health. The Draft Law- is intended to better regulate ongoing development within the Town, but is not expected to result in significant growth inducing impacts. Development will be more actively directed toward the hamlet centers. Mitigation of potential impacts from new development within the hamlet centers will continue to be possible on a site and use specific basis. In addition, development under the revised ordinance is preferable to further intrusion of commercial uses into the remaining rural areas of the Town. In order to maintain the rural quality of the Town between the hamlets, the revised ordinance directs commercial development to the existing centers along the NYS Route 25 corridor. Concentration of new development within the hamlet centers has the potential to increase traffic impacts within the existing centers. The intention is to allow efficient traffic flow between the hamlet centers along SC Route 48, while creating a pedestrian oriented, village atmosphere within the hamlets. Parking lots have been added as a Special Exception use to the Hamlet Business zone, and multiple uses should be available by foot within the hamlet centers. Thus, although limited growth is expected to occur within the hamlets, overall traffic impacts should not be significant. The proposed ordinance does not supersede existing regulations which govern the environmental review process, and individual applications will be subject to separate review under applicable legislation. This might include, but is not limited to, the State Environmental Quality Review Act and both Town and State wetland ordinances. As noted, these regulations will provide protection of resources on a site-specific basis in addition to the general recommendations contained within the Draft Ordinance. For Further Information: Contact Person: Ms. Judith Terry Town Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Copies of this Notice Sent to: Commissioner-Departmem of Environmental Conservation Regional Office-New York State the Department of Environmemal Conservation Southold Town Trustees Southold Town Zoning Board of Appeals Southold Town Building Department Suffolk County Department of Planning Southold Town Clerk's Bulletin Board