HomeMy WebLinkAboutTB-03/13/1973326
~ .... ~-~, SOUTEOLD TOWN BOARD MINUTES
Meeting of March 13, 1973
The Southold Town Board met at the office of Supervisor-Albert M.
Martocchia, 16 South Street, Greenport, New York, at 10:45 A.M.,
Tuesday, March 13, 1973, with the following present:
Su~rvisor Albert M. ~artQechia, COuncilman~Ja~es H.
Rich, Jr., Councilman James F. Homart, JusTice Martin
Suter, Justice Louis M. Dem~est, Town A~torney Robert
W. Tasker, Super~inte~dent~of Highways Raymond-C. Dean,
and Town Cle~k~ Albert~W..~Richmond.
Absent: Justice Francis T. Doyen.
Moved by Councilman Homan, seconded by Justice Demarest, it was
RESOLVED that General bills in the amount of $15,570.57, Fishers
Island Ferry District bills in the amount of $23,28~.84~Hi~hway
bills in the amount of $5,745~96, Special District bills in the
amount of $4,807.~4, and Capital Account bills in the amOunt of
$632.70 be and the same are hereby ordered pa~d. Payment to
Design Controls, Inc. in the amount of $490.40 fora radio~console
was. ordered held pending further investigation.
Vote of the Town Board: Ayes:.. Su~rvisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest, ......
Moved by Councilman Rich, seconded by Justice Demarest, ~it'was
RESOLVED~ that the following proposed amendments to the Building
Zone ordinance of the Town of Southold, together with the Building
Zone Maps forming a part thereof be and the~ same hereby~is-~referred
to the Southold Town Planning Board and the Suffolk County. Planning
Commissi~on for the'ir repor~t and recommendation~ in accorda~nce'with
the app.licabl~e prowisions~of law.
ZONING ORDINANCE
I. By amending Article III, Section 300B by repea~ling~ ~ubdivision
1~ thereof.
II. By amending Article III, Section 300C by adding a new subdivision
thereto to-be subdivis~ion.~.7 to ~read as~ follows:
7. Yard sales, attic sales, garage sales, auction
saleso~r similar type sales of personal property owned by
the occupant of thepremises and located thereon, subject
to the fgllowing requirements:
(a) Not more than one such sale shall be conducted
on any lot in any one calendar year.
(b) Adequate supervised parking facilities shall be
pr ovi ded.
(c) No signs, except one on-premises signo.$pt larger
than 3 feet by 4 feet in size, displayed for a period of not
longer than one week immediately prior to the day of such
sale, shall be permitted.
(d) That a permit be obtained therefor from the
Building Inspector upon the payment of a fee of $15.00.
III. By amending Article III, Section 300C, subdivision 5 to
read as follows:
5. Horses and domestic animals other than household pets
shall not be housed within 50 feet of any lot line. Housing
for flocks of more than 25 fowl shall not be constructed within
50 feet of any line.
IV. By amending Article III, Section 303, to read as follows:
SECTION 303 - ESTABLISt~ED FRONT YARD SETBACK - where
property in the vicinity is ~mproved with permanent dwellings
with a front yard area of less than that required by the
provisions of this ordinance, the front yard setback shall
be the average setback of the existing dwellings within 300
feet of the proposed dwelling, on the same side of the street,
within the same block, and the same use district.
~V. By amending Article II,I, Section 305,, subdivision (a) to read
as follows:
~(-a)~ When located in the front yard, along front, yar~d ~,lin~,
the same shall not exceed four (4) feet in height.
VI. BY-Dmend~ing Article III, Section 305 by repealing subdivision (d)
thereof.
.... ---.~tI'.~' By amending Article III by adding a new s~btion thereto, ~to be
. Sec~ioni~ 3~06 to read as follows:
- SE,CTION 306 SUBSTANDARD LOTS In the "A" District,
:the~_~ase of a lot-held in single and separate ownership on
~the :~.ffec,~ive date of this ordinance and thereafter with an
~ ~ area.,-and/or width of less than the requirements ~of this
ord~in.ance, a single f~mily dwelling may be constructed
~the~reon with side yards requirements reduced by :25%, provided
~ ~tha,t all other yard requirements are complied width. ~-
VIII. By amending Article Vi, Section 602, subdi~i~sion 7 to read
as follows:
7. Parking shall be provided in offstreet paved parking
areas which shall provide for one (1) parking space, three
:hundred fifty (350) square feet in area, for each one
hundred (100) square feet of sales floor area or office-floor
a-rea ~n each building.
IX, By amending Article XIV by adding a new section, to be section
1402 to read as follows:
SECTION 1402 CLUSTER DEVELOPMENT - The Planning
Board may approve Cluster Developments for one-family detached
dwellings in an A-Residential and Agricultural District accoid-
lng to procedure and requirements specified below. The purpose
of such development is to pr. ovide flexibility in the design
and development of land in such a way as to ~pmamo~e the .most
appr~opriate use of land to facilitate the adequate and
economical pro,i-sion of 'streets ~and utilities,--and :to preserve
the natural and scenic qualities of open space.
~'1.~,~ The maximum nurab-er o'f single-famity~ lots that may
be approved in a Cluster D.ewe!opment shall be computed by
~ s,ub~cting from, the total gross ,~area,.-a fixed~ per~e~ta~e~ of
20% of said area, and ~ividing the remaining 80% ~f the area
bye40,000 square feet~ · ~: ~- _ :- ~ . .
(a) - In computing the maximum 'nunf0e~r of l~ts,~that may
be he, created, -any ~lands which :are~subject to .flo~3ing or which
are occupied by public~utility ~aseme~,ts .in .su. ch a manner as
to:pr'even-t their: use a~d deve_l~pme~t, 3shall not .be considered
part of the total gross area. In a Cluster Development., lot
area,,, width; dept~, :front :yar-d; m~ar::yard, and' side yards
s~sll ~ot.be reduced- by more ~than 5C~/o of~::the minimum requi~,e-
me~ts set forth in the Bulk and Parking Schedule.
2. The area of a Cluster-Dev~l~opment sh~ll ,be in single
ownership or' under unified :co~n%rol. _ i~, ~ ,.
~' ~, .Prior to' the~ issuan'ce of a ~buildin-g ~p~rmi~t in a
~luster Development a ~Site. Piano,shall De~su~mitted ~to ~and
approved by the Planning Board in accordance with Article XIV
~-of-,tt~i,s ordinance and 'the foilowing~conditi-o~s:
(a) said site Plan shall include areas within which
structures.~may be loca'ted~'~the heiq'ht and spacings, of buildings,
.open spaces a-nd ~t~e'i~,~ lands'capinq;~' off-street,~open: and~ enclosed
(if? a,~y) parkin~ spa~ces-, :and 'streets,: driveways, 3:an~.~y_ other
physioat features relevant~ to' the proposed :plan,;-~ and ::.
~,-(b) ~-:~- sai.'~ Site .P. 1 an sba ll'::include_ a.. statement_ .setting
~forth-the nature of all proposed- modificatioris
zoning .provisions, an:d. ~::-,..:: -.. .: :- -
4 .., Nothing ,eon~tained in:~ this' ord-inanee shill_ reli~e.v.e~ the.,~owner
or'~hi,s agent, or the developer of a proposed .Cluster Develop-
ment from receivin-g~/.S~bd~i~ision Pla~ J~pprova!~ in a'ccordance
with the' Town~ Sub~ivisi~n~ Regulations. :. I~ appro~i, ng the Fina 1
' I~tat,~ festa Clu~ter Devel~pme~-t.~ :the.~ Planni~g-~oar:~.- may~.'~ modify the
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acreage requirement 7fo~ rec~ea~fo~ area~ as set fcrth;'in the Town's
rules governing subdivision review provided that the cQmmon land
dedicated meets all other requirements of the Town Bubdivislon
Regulations.
5. A Cluster Development shall be organized as one of the
following:
(1) A Homes Association approved by the Federal Housing Administration
for mortgage insurance as a "Planned-Unit Development", and the Town
Board; or (2) An~omes Association approved by the Town Attorney and
Town Board; or (3-,) Any other arrangements approved by th~ Town
Attorney and Town Board as s~tisfying the intent of this o'rdina~ce.
Whenever a Homes Association is proposed, the Town Board shall retain
the right to review and approve the articles of incorporation and
charter of said Homes Association, and to- requirerwhatever conditions
deemed necessary to insure that the intent and purpose of this
ordinance is carried out. In consideration of saLd approval, the
Town Board shall, in pa~t, require the Cluster Development to meet
the following conditions:
~(a) The Hcmes Assodiation shal% be establ~ished as an~
incorporate~ non'profit organization operating under recorded
-l~a~d' agreements thro~gh~ which eadh lot ow~eY (and '~y succeeding
owner) is automatically a member, and each l~t is automatically
subject to a charge for a proportionate share of the expenses for
the organizations activities.
(b) ~ftle"~to al~ common prO~perty shall be ~lac~d in the Homes
Associa%ionL or de£inite and acceptable assur.ance shall~be ~gzven that
it automatically will be so placed within a reasonable period of time.
(c) Each lot owner shall have equal voting rights in the:
Association and shall ha~e the right to the use an~d enjoyment of the
~ommon property.
(d) Once established, all responsibility for operation and
maintenance of the common land and facilities shall lie with the
Homes Association.
(e) Dedicatio~ of alt common areas shall be recorded directly
on the subdivision Plat, or by reference On the Plat to a dedication
in a separately recorded document. Resubdivision of such areas is
prohibited. The dedication shall:
(i) Save the title to the common property to the Homes
Association free of any cloud of implied public dedication; and
(ii) Commit the developer to convey the areas to the
Homes Association at an approved times; and
(iii) Grant easement of en3oyment over the area to the
lot owners; and
(iv) Give to the Homes Association the right to borrow
for improvements upon the security of the common areas; and'
(v) Give to it the right to suspend membership rights
for non-payment of assessments or~mnfraction of published rules.
6. Covenants shall be establ~ished, limiting all lots to one-
family use~and all common lands to open space uses. No structures
may be erecte~ 'on such common l~nds except as showK~on the approved
Site Plan. ~ .....
7. Each deed to each lot sold shall include by ref,er_ence all
recorded dectaratio~ and other restrictions (including assessments
and the provisiop for liens for non-payment~0~ such)-
8. The Homes Association shall ben'perpetual; shall purchase
insurance; pay taxes, specify in its charter and by-laws~an~annual
homeowner's fee; provision for assessments, and provide that all
such charges become a lien on each property in favor of said
Association% The Associatioh shall have the right to proceed in
accordance with all necessary legal action for the foreclosure
and enforcement of liens, and it shall also have the right to
commence action against any member for the collection of any unpaid
assessment in any court of competent jurisdiction.
9. The developer shall assume all responsibilities as
previously outlined for the Homes Association until a majority
of the dwelling sites are sold at which time the Homes Association
shall be automatically established.
10. Prior to Site Plan. approVals:the developer shall file with
the Town Board a performance bond to insure the proper installation
of all required improvements, and a maintenance bond to insure the
proper maintenance of all common lands until the Homes Association
is established. The amount and term of said bonds shall be
determined by the Planning Board, and the form, sufficiency,
manner of execution, and surety shall be approved by the Town
Board.
X. By amending the Bulk and Parking Schedule of said ordinance
applicable to "A" Residential Districts by repealing columns B
in said schedule.
XI, By'amending the Bulk and Parking Schedule of said ordinance
by increasing the lot width applicable to single family d~llings
in the "A" Residential Districts from 135 feet to 150 feet.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice ~mares~ust~oe ~eetSuter.
Meeting adjourned at 11:30 A.M.
Albert W. Richmond
Town C 1 erk