HomeMy WebLinkAboutLL-1999 #15 RECEIVED
NOV 19
Southold Town Clerf<
STATE: OF NEW YORK
[::)EPARTIVlENT OF STATE
4 I STATE STREET
ALBANY, NY I 223 I -000 I
November 10, 1999
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Soushold, Local Law 15, 1999, filed 10/29/99
The above referenced material was received and filed by this cff~ce as
indicaned. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MA~AGEi~ENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 M~in Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 28, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
~1 State Street
Albany, New York 12231
Re: Local Law Numbers 13, 14, 15, 16o F, 17 of 1999
Town of Southold. Suffolk County
Dear Sirs:
Enclosed please find the above local laws
your office. Thank you.
suitable
for filing in
Very truly yours,
Southold Town Clerk
cc: Town Attorney
· "'Local Law Filing
NEW YC~STATE DEPARTMENT OF STATE
41 ~I~VE STREET, ALBANy, NY 12231
('Use this fern to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
County
City of .............................. .S_ .o. ~ _t.h_ .o. ] .d. ..............................................
Town
Village
Local Law No .......... )__5_ .............. ofthe year 19-~9--
A local law _.i.0..-R-.e--I.a.t-jg-0---t-Q---A--m--e--0-ding _th..e..__U_se_s. _o_n__d CgnditJQn~_Qn._Uses.tor the
~_e_ _s)~.e. ~ _t~_a_ L. _o_ _:t~_c_ _e_, _(_ ~. _0. ),, _D_ _~_s..t.r_ ! _c_ _t _. .................................................
the
Be it enacted by the ............................. -~-?--w--LL--°--v-9-~-~ .........................................
~ of .................................... _S_.o.~_t_h._o.l.cj ........................................ as follows:
Town
Section 1) Legislative Intent and Purpose.
In order to achieve the goal(s) of well planned, environmentally sensitive
balanced development and to encourage the adaptive re-use of existing older
residences, to preserve the existing visual character of the Town, which we
determine to be desirable, while providing for a reasonable transition of uses
between existing and developing commercial areas and Iow density residential
development along major roads, we hereby find and determine that it is
necessary and desirable to modestly expand the permitted uses of the within
zoning classification, to those uses we deem to be compatible with existing
patterns of development, which are contemplated to meet our planning
objectives including, but not limited to, generating minimum traffic and other
impacts on the surrounding residential development and to be conducive to the
adaptive re-use of existing residential buildings in the subject neighborhoods.
Section 2. Chapter 100 entitled "Zoning" of the Town Code, ARTICLE VII,
Residential Office (Re) District is hereby amended as follows:
§ 100-70. Purpose.
The purpose of the Residential Office (Re) District is to provide a transition
area between business areas and Iow-density residential development along
major roads which will provide opportunity for limited nonresidential uses in
essentially residential areas while strongly encouraging the adaptive re-use of
existing older residences, to preserve the existing visual character of the Town
and achieve the goal(s) of well planned, environmentally sensitive balanced
development, which the Town has determined to be desirable.
§ 100-71. Use regulatior
In the Residential Office (RO) District, no building or premises shall be used and
no building or part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses except the
following:
A. Permitted uses.
(1)
lot.
One-family detached dwellings, not to exceed one (1) dwelling on each
(2) Owner occupied two-family dwelling.
(3) The following uses are permitted uses subject to the site plan approval by
the Planning Board:
a) Buildings, structures and uses owned or operated by the Town of
Southold, school districts, park districts and fire districts.
b) Buildings, structures and uses owned or operated by fraternal
organizations and utilized for activities typically conducted by a
fraternal organization, including but not limited to public meeting places,
charitable and fundraising events, patriotic observances and catering for
public and private functions.
c) Bed-and-breakfast uses as set forth in and as regulated by §100-
31 B(14).
d) Professional offices.
e) Churches or similar places of worship, parish houses, convents and
monasteries.
f) Libraries, museums, art galleries, exhibit halls, artists/photographers'
studios and dance studios.
g) Small business offices such as insurance agencies, real estate
agencies, computer software services, financial planning securities
brokers, and like kind small business establishments excluding retail
sales of any kind or nature, and limited to overall floor space of 3,000
square feet.
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of Appeals as
hereinafter provided and subject to site plan approval by the Planning Board,
provided that not more than one (1) use shall be allowed for each forty thousand
(40,000) square feet of lot area:
(1) Special exception uses as set forth in and regulated by § 100-31B(1)
through (7) of the Agricultural-Conservation District.
(la)
(2) Funeral homes.
(3) Apartments may be permitted over business and professional offices as
regulated by § 100-91B(4)(a) through (f), inclusive.
(4) Restaurants, except fast-food or formula restaurants.
(5) Custom workshop provided it shall not be all or part of a commercial
center.
C. Accessory uses. The following uses are permitted as accessory uses and,
except for residential accessory uses and signs, which are governed by Article
XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100~31C(1) through (7)
of the Agricultural-Conservation District and subject to the conditions set forth in
§ 100-33 thereof.
(2) Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet
Density Residential District.
(D) Additional Standards. All permitted structures as set forth in this Article,
except for single family dwellings, shall be subject to the following:
(1) No outdoor storage or display of any kind shall be permitted;
(2) All permitted buildings and other structures shall be visually residential in
character, the visible architectural features of which shall be consistent and
compatible with the architectural styles of the existing structures in the
immediate neighborhood.
(3) Store fronts of any kind whatsoever shall not be permitted.
§ 100-72. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Residential Office (RO) District unless the same
conforms to the Bulk Schedule and Parking and Loading Schedules incorporated
into this chapter, with the same force and effect as if such regulations were set
forth herein in full.
(lb)
II. Severability. If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of
State.
(lc)
(Complete the certltlcatio'fi'ln the paragraph that applle~ to the fllln~f this local
strike out that which Is not applicable.)
law and
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .............. _l_S_ ................. of 19-~9..
of the (~.t)yc)({~i~¥)~Town)(~l~lffa~} of ........................ _S_ p_ _u_ _t_h_ .o. ! _d_ ........................... was duly passed by the
............... -T--°--w--n---~-6-a-E-d- .............. on .Qg.t_.o..b.e._r__J..9. 19 9-c)-, in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Oillcer*.)
I hereby certify that the local law annexed hereto, designated as local law No ................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted on .................. 19----,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)Crown)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
to the people by reason of a (mandatory)(permissive) r~ferendum, and r~ceived the affirmative vote of a majority of
the qualified electors voting thereon at the (geueral)(special)(annual) election held on .................. 19-... , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was ~ed requesting
referendum.)
I hereby certify that the lOCal law annexed hereto, designated as local law No .................................... of 19 ......
of the (Coumy)(City)(Towu)(¥illage) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repaased after
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
permissive re~creudum ~nd ao valid petitiou requesting such m[erendum was 5lcd es of .................. 19.--- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the cldef executive officar ora county elected o'n a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor ors town where such officer is vested with the power to npprove or veto local laws or oFdinanes
(2)
5. (City local law concerning Char~er revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................ having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on ..................19----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home RuLe Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qt~alified electors of the towns of said courtty considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file ia this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner irt~
dicated in paragraph .......1 ..... , above.
Clerk of th~County legislative body, Ci~, Town or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: /d)/~?~
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STA'I~ OF ~ YORK
~otnvrv o~ SUFFOLK
I, the underaigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or ~ken for the enactment of the local law an~ '~'~
Gregory F. Yakaboski. E~q. Town Attnrnoy
X:~ of
Southold
O)
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTR.M/OF VITAL STATISTICS
NIARRL~GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOR1VL&TION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone {516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON OCTOBER 19. 1999:
WHEREAS. there was presented to the Town Board of the Town of
Southold, on the 28th day of September, 1999, A Local Law entitled, "A
Local Law in Relation to Amending the Uses and Conditions on Uses in the
Residential Office (RO) District, Chapter 100, Article VII of the Zoning
Code of the Town of Southold; and
WHEREAS, A public hearing was held on this Local Law on the 12th day of
October 1999, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS
the following Local Law:
LOCAL LAW NO. 15 OF 1999
Title: A Local Law to amend the uses and conditions on uses for the
Residential Office (RO) District
Enactment: Be it enacted by the Town Board of the Town of Southold as
follows:
Section 1) Legislative Intent and Purpose
In order to achieve the goal(s) of well planned, environmentally sensitive
balanced development and to encourage the adaptive re-use of existing older
residences, to preserve the existing visual character of the Town, which we
determine to be desirable, while providing for a reasonable transition of uses
between existing and developing commercial areas and Iow density residential
development along major roads, we hereby find and determine that it is
necessary and desirable to modestly expand the permitted uses of the within
zoning classification, to those uses we deem to be compatible with existing
patterns of development, which are contemplated to meet our planning
objectives including, but not limited to, generating minimum traffic and other
impacts on the surrouRding residential development and to be conducive to the
adaptive re-use of existing residential buildings in the subject neighborhoods.
Section 2. Chapter 100 entitled "Zoning" of the Town Code, ARTICLE VII,
Residential Office (RO) District is hereby amended as follows:
§ 100-70. Purpose.
The purpose of the Residential Office (RO) District is to provide a transition
area between business areas and Iow-density residential development along
major roads which will provide opportunity for limited nonresidential uses in
essentially residential areas while strongly encoura.qing the adaptive re-use of
existin~ older residences, to preserve the existing visual character of the Town
and achieve the goal(s) of well planned, environmentally sensitive balanced
development, which the Town has determined to be desirable.
§ 100-71. Use regulations.
In the Residential Office (RO) District, no building or premises shalr be used and
no building or part of a building shall be erected or altered which is arranged.
intended or designed to be used, in whole or in part. for any uses except the
following:
A. Permitted uses.
(1)
lot.
One-family detached dwellings, not to exceed one (1) dwelling on each
(2) Owner occupied two-family dwellinq.
(3) The following uses are permitted uses subiect to the site plan approval by
the Planning Board:
a) Buildings, structures and uses owned or operated by the Town of
Southold, school districts, park districts and fire districts.
b) Buildings, structures and uses owned or operated by fretemal
organizations and utilized for activities typically conducted by a
fraternal organization, including but not limited to public meeting places,
charitable and fundreising events, patriotic observances and catering for
public and pdvate functions.
c) Bed-arid-breakfast uses as set forth in and as regulated by §100-
31B(14).
d) Professional offices
e) Churches or similar places of worship, parish houses, convents and
.monasteries
f) Libraries, museums, art ,qalleriesI exhibit halls1 artists/photo,qraphers'
studios and dance studios.
,q) Small business offices such as insurance a,qenciesl real estate
agencies, computer software services, financial plannin,q secur ties
brokers, and like kind small business establishments excludinq retail
sales of any kind or nature, and limited to overall floor space of 3,000
square feet.
B Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of Appeals as
hereinafter provided and subject to site plan approval by the Planning Board,
provided that not more than one (1) use shall be allowed for each forty thousand
(40,000) square feet of lot area:
(1) Special exception uses as set forth in and regulated by § 100-31B(1)
through (7) of the Agricultural-Conservation District.
Funeral homes.
(~) (3~Apartments may be permitted over business and professional offices as
regulated by § 100-91B(4)(a)through (f), inclusive.
(4) Restaurants, except fast-food or formula restaurants.
(5} Custom workshop provided it shall not be all or part of a commercial
center.
C. Accessory uses. The following uses are permitted as accessory uses and,
except for residential accessory uses and signs, which are governed by Article
XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31 C(1 )
through (7) of the Agricultural-Conservation District and subject to the
conditions set forth in § 100-33 thereof.
(2) Accessory uses set forth in and regulated by § 100-42C(2) of the
Hamlet Density Residential District.
(D) Additional Standards. All permitted structures as set forth in this Article,
except for sin,qle family dwellinqs, shall be subject to the following
(1) No Outdoor storaqe or display of any kind shall be permitted;
(2) All permitted buildin,qs and other structures shall be visually residential
in character, the visible architectural features of which shall be consistent
and compatible with the architectural styles of the existinq structures in
the immediate nei,qhborhood.
(3) Store fronts of any kind whatsoever shall not be permitted.
§ 100-72. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Residential Office (RO) District unless the same
conforms to the Bulk Schedule and Parking and Loading Schedules incorporated
into this chapter, with the same force and effect as if such regulations were set
forth herein in full.
II. Severability. iT any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any
court of competent jurisdiction, any judgement made thereby shall not affect
the validity of this law as a whole or any part thereof other than the part or
provision so adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the
Secretary of State.
Underline represents additions.
Strikethrough represents deletions.
Southold Town Clerk
October 19, 1999
"PLANNING- BOARD M]EMBERS
BENNETT ORLOWSKI, JR.
Chaim~an
~NNETH L. EDWARDS
G~o~a mTc~ ~T~,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
October 8. 1999
PLANNING BOARD OFFICE
Elizabeth Neville. Town Clerk TOWN OF SOUTHOLD
Town Hall
Southold, NY 11971
RECEIVED
OCT 8 1999
:.~d Town Clc~rl~
Re: Proposed Amendments to the Zoning Code
Dear Mrs. Neville:
With regard to the four proposed laws to amend the Zoning Code. please find our review and
recommendations below:
RE:
Local Law to Amend
Section 100-243 Non-conforming buildings with nonconfornfing uses
The Plaaning Board's review of this draft legislation raised a few concerns. First. the wording
does not make clear that the 15 to 30 percent expansion, enlargement or new construction is a
one-time on15 event. We suggest that specific language be added to make this clear. Second. the
Board feels strongly that it should be able to waive elements of site plan requirements for ali
expansions, not just those in the 16 to 30 percent range. We suggest that Section A. 1) a) be
dropped and Section A. l) b) be rewritten to cover all expansions up to 30 %.
The Planning Board gencrall_v docs not endorse encouraging thc continuation of non.conforming
uses and buildings. However, in the final analysis, it supports this proposed legislation with the
suggested amendments a.s' noted above, for two masons. One is the context within which it is
being proposed: the proposed rezoning of business properties along CR 48. The other is the
requirement that expansion of the nonconforming structure and use be compatible with the
surrounding neighborhood and adequately buffered or landscaped.
Local Law to Amend
Section 100-13 Definitions
The Planning Board has no objections to the proposed introduction ofncw definitions for Private
Warehousiug and Public Warehousing. The definitions are clear as to intent.
Re.'
Local Law to Amend
Section 100-70 Residential Office
The Planning Board supports the proposed amendments to thc Re zoning district with the
following exceptions.
The two-family residence use should be permitted by Special Exception. not as
of right. Site plan should not be required.
Our recommendation is based on two observations.
First. the concerns that apply to the addition ora second residential use are
similar to those that apply to the addition of an apartment upstairs over an
established business in the RO district. There am certain circumstances under
which the addition of thc second dwelling unit cannot be accommodated for any
of a number of reasons, such as: insufficient minimum square footage per family.
lack of water or wastewatcr capacity. Further. the two-family use should not be
considered a single use of the property. The ZBA has a history of careful review
of such cascs and we fecl it should remain within their jurisdiction.
The language should specify a minimum of 40.000 square feet of land area in
order to apply for a Special Exception for a restaurant. Sites smaller than one
acre am not large enough to accommodate thc amount of parking and
landscaping required for a restaurant.
The term "stomfronts" should be defined so as to describe the design elements
involved: e.g. location of signage, window type. lighting, etc.. A clear definition
will reduce thc potential for misinterpretation and makc thc Building
Department's job easier. Such a definition might be worded as follows:
Storefront - Large picture glass window areas, display windows, front building
fagade emphasizing store name. signage, etc.
Re: Local Law to Amend Section 100-80 Limited Business
Thc Planning Board supports the proposed revisions to thc Limited Business district.
However, them are three observations on typographical errors that bear correction.
The first is that the wording of Section A. (1) should be modified by changing Subsection A (2)
(i) to read A (2) (9).
The second is that Subsection items A. ( 1 I) and (12) should be renumbered as
The third is that the wording in Section 100-82. Bulk area andparlang requirements, proposes
that the Planning Board "ma), grant a limited waiver from the applicable bulk requirement for
minimum lot size". However. in the absence of any criteria for limiting such a waiver, the
Planning Board would have no grounds for denying such a request. If the intent is to allow
nonconforming lots to be developed as of right for a permitted usc within the LB. the wording
should be that the "Planning Board will grant a limited wai~ er . ."
Sinc Iv.
Bennett Orlox~ski, Jr.
Chairman
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRL~GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOtLMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
SUPERVISOR & TOWN BOARD MEMBERS
FROM: BETTY NEVILLE, TOWN CLERK
RE:
OCTOBER 10, 1999 CONTINUATION OF PUBLIC HEARINGS ON
ZONING CODE AND ZONING MAP CHANGES
DATE: 10/18/99
Attached please find a portion of the minutes covering the October 1~, 1999
Continuation of Public Hearing on Proposed Zoning Code and Zoning Map
Changes. Carol Kaelin of the Town Attorney's Office is still working on
them and you will receive the completed copy as soon as she is finished.
SPECIAL MEETING
SOUTHOLD TOWN BOARD
OCTOBER 14, 1999
9:00 A.M.
CONTINUATION OF PUBLIC HEARING ON ALL LOCAL LAWS TO CHANGE
THE ZONING DISTRICT DESIGNATION.
Present:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
SUPERVISOR COCHRAN: I would like to open the Public Hearing on the
proposed zoning map changes on Route 48, Southold.
COUNCILWOMAN HUSSIE: ...how does that work?
SUPERVISOR COCHRAN: It's a Special Meeting. At the conclusion of the
hearing, we certainly could take it from...
COUNCILWOMAN HUSSIE: The point is, though, that this hearing is continued
because it was proposed that the code changes would have been adopted on
Tuesday and the people who are here to talk would be able to talk about their
property in relation to the new code changes - and we haven't done that.
SUPERVISOR COCHRAN: Well, then we can remember it from the day.
COUNCILWOMAN HUSSIE: And then we can vote?
SUPERVISOR COCHRAN: Yes.
Special Town Board Meeting - 10/14/99 - Pa,qe Three
COUNCILWOMAN HUSSIE: Yes.
SUPERVISOR COCHRAN: Yes.
TOWN CLERK NEVILLE: Resolution adopted.
SUPERVISOR COCHRAN: Now we will go to the main motion. Do we have a
copy of it so we can hear it again? Thank you.
John, do you want to start with the first one?
Let's go according to time, please - in the way they were presented on the
agenda - the last agenda. The first one is the Local Law in relation to the LB
District - changes in the LB District.
COUNCILMAN JOHN ROMANELLI: rm going to read the changes in the
proposed LB District and I'm going to start with the Purpose of the LB District.
The purpose of the Limited Business District is to provide an opportunity to
accommodate limited. Hold on - yes, George?
GEORGE PENNY: I believe that normally before resolutions are acted on,
residents are given a chance to...
SUPERVISOR COCHRAN: If you'd like.
GEORGE PENNY: I'm just recalling a procedure.
SUPERVISOR COCHRAN: Let's have it read first and then I will ask in relation
to this resolution.
GEORGE PENNY: Do you have an agenda?
SUPERVISOR COCHRAN: No. Would you like an agenda? We'll stop and we'll
print one.
GEORGE PENNY: If we had an agenda, we'd know what resolutions we want to
speak on.
SUPERVISOR COCHRAN: All right, then we'll recess. The Town Board is
recessed until an agenda is printed. Let's go do an agenda. By law, legally, we
don't have to do an agenda, George.
Special Town Board Meetin,q - 10/14/99 - Pa.qe Five
GEORGE PENNY: O.K. Thank you.
SUPERVISOR COCHRAN: Mr. Lizewski?
JOSEPH LIZEWSKI: I'd like to present the Board with some more petitions and
some more names.
SUPERVISOR COCHRAN: Thanks, Joe.
Legal Counsel has recommended we take the vote first and then we will
look at these petitions in relation to how it's submitted. Did you hear me? Did
you hear what I said? Legal Counsel has determined we can take the vote first
before we determine this. Would anyone else like to address the Town Board in
relation to the amendments to the Limited Business Zoning Code in the Town of
Southold?
DELORES PRINCIPI: Good morning. I'm Delores Principi and I have Limited
Business and I have submitted my family's petitions so I hope that's included in
the 20%. I brought it to your office last week - the three of them. I gave it to your
office.
SUPERVISOR COCHRAN: It's in the Change of Zone file. That's in relation to
the zoning map, is it not?
TOWN ATTORNEY YAKABOSKI: I believe so.
SUPERVISOR COCHRAN: This is in relation to the uses.
DELORES PRINCIPI: The uses. O.K. Question: what I'd like to know is if you
should for some reason - I hope that you don't change our parcel to R-80 - and
we have one acre - do we have to go through a variance? Can we put a house
on this? Are we restricted? What is going to happen to our parcels? My brother
has one acre. I have two and three-quarter acres and I would want to know how
you're going to handle this - if you're going to turn it into Residential?
SUPERVISOR COCHRAN: Gregory?
TOWN ATTORNEY YAKABOSKI: May I, Supervisor?
SUPERVISOR COCHRAN: Yes, you certainly may.
TOWN ATTORNEY YAKABOSKI: Ms. Principi?
Special Town Board Meetin,q - 10/14/99 - Pa,qe Seven
DELORES PRINCIPI: At one point in time, you were going to add to the Limited
Business - which I hope you leave my piece zoned as Limited Business - tennis
and golf? Is that so or did you retract that? It was in the paper that it was
discussed and said that you would leave it on there instead of Commercial
Industrial?
COUNCILMAN ROMANELLI: I'm sorry. I was reading something and didn't hear
your question.
DELORES PRINCIPI: At one of your meetings, I brought up that we are working
on a project to do miniature golf and, at that time, I was told that you could only
put it in a Commercial Industrial Zoning which I feel is not the best use for
children and adults, etc. You discussed it at one of your meetings here, and it
was in the paper as well, that you were going to add that use to Limited
Business. Is this still so or did you retract that?
COUNCILWOMAN HUSSIE: We haven't done that.
COUNCILMAN ROMANELLI: It's not added.
DELORES PRINCIPI: It's not added. Are you going to add it?
SUPERVISOR COCHRAN: Not at this time.
COUNCILMAN ROMANELLI: Not at this time.
COUNCILWOMAN HUSSIE: Not today.
DELORES PRINCIPI: Not today. I could go for a variance if my property stays
Limited Business to have that use added to it?
TOWN ATTORNEY YAKABOSKI: Yes, you could.
DELORES PRINClPI: Thank you again for your time.
SUPERVISOR COCHRAN: You're welcome. Would anyone else like to address
the Town Board in relation to the first resolution? If not, we'll have the vote. O.K.,
no, I'm going to do this the same way I do it at other Board meetings. Would
anyone else like to speak in relation to any of the other resolutions? Sir? This
gentleman first and then I'll take you.
HERBERT ADLER: I'm Herb Adler. I'm on the Landmark Commission and I'm
talking in relation to the RO...
Special Town Board Meetin.q - 10/14/99 - Pa,qe Nine
us in form terms that there will be no widening of the highway. This is something
that we will not stand for so they are going to be developing different traffic
patterns. For instance, they wanted to put six turning lanes in the Village of
Cutchogue alone which we fought against. We would like people to slow down
through the villages; not speed up the traffic. So, that's been our philosophy in
meeting with them and we're holding firm on that and working with the
Transportation Committee. No, it will be blacktopped. It will not be widened in
any respect.
HERBERT ADLER: Will they be eliminating parking on one side of the street?
SUPERVISOR COCHRAN: There was some they had proposed. I don't think
there's anything through here. Cutchogue is pretty much as it was. They pretty
much went with the Transportation Committee's recommendations. If you'd like
detailed information, we certainly will get it for you. We've kept an eye on that.
HERBERT ADLER: I appreciate that.
SUPERVISOR COCHRAN: May I just have a clarification - are you speaking on
behalf of the Landmark Committee or are you here as a private individual?
HERBERT ADLER: rm here as a private individual speaking as a member of the
Landmark Commission.
SUPERVISOR COCHRAN: But you're not speaking on behalf of the committee?
HERBERT ADLER: No, I'm not. I don't think it's fair to do that.
SUPERVISOR COCHRAN: O.K. Thank you, Herb.
HERBERT ADLER: In relation to library uses, I think we should have those uses
here and things like that but, again, there's limited access to the Landmark
District. I thought they should be allowed to do it in that area. I guess that's one
of the problems. I'm also worried about custom workshops. As I look at that, I
could have a shop that worked on cars - customizing cars. I don't see any
definition of custom workshops.
COUNCILMAN MOORE: That's a separate section of the Code - there's a
definition of custom workshop. There's a definition in the beginning of the Zoning
Code. VVhen that came out, we looking exactly at that very point.
HERBERT ADLER: It does exclude cars?
Special Town Board Meetin,q - 10/14/99 - Pa,qe Eleven
office building. What about that? Do new owners have the right to drastically
amend it or tear it down and put up a new building?
COUNCILMAN ROMANELLI: If they keep a residential office or an office in the
building, you can tear it down and rebuild it, sure. As long as they keep the use
similar to what Residential Office allows.
DR. URIST: What about a small workshop within what was just read?
TOWN ATTORNEY YAKABOSKI: A custom workshop is allowed in that zone as
a Special Exception.
DR. URIST: With the new zoning, I have patients - a lot of them who can't walk
or in wheelchairs or use walkers and canes - they can't walk too far. Will new
parking regulations impede on that aspect of my practice?
COUNCILMAN MOORE: Whatever your present situation is is what you will
have; it will stay the same. You exist and were there so it's not going to add a
burden on your operation.
DR. URIST: Thank you.
SUPERVISOR COCHRAN: You're welcome.
BARBARA SZCZOTKA: I'm Barbara Szcaotka. I have a couple questions. If you
are going to vote on this today, Mr. Murphy is not present and Ms. Evans is not
present...
SUPERVISOR COCHRAN: True.
BARBARA SZCZOTKA: Can I ask why? And shouldn't they be here?
SUPERVISOR COCHRAN: Everybody is responsible for themselves, number
one. Number two, there are times in our lives that there are conflicts. The
complete hearing is transcribed. They can read it as well as sit here and listen.
True, it's better to be here because you get the feel that goes along with the
written text. Mr. Murphy had a meeting he could not reschedule. He said he
would try to be here between 10:00-10:30 a.m. at the latest. Mrs. Evans has a
family and with the travel, she wasn't able to make connections so she wasn't
able to come over today, She doesn't always come over for Special Meetings.
Special Town Board Meetin,q - 10/14/99- Pa.qe Thirteen
COUNCILMAN MOORE: Light Industrial Zone. A heavier zone than Limited
Business Zone.
JODY ADAMS: How does a machine shop differ from this minimal auto repair
shop - what is it potentially creating? They're very near you incidentally so you
might be serious about this.
COUNCILWOMAN HUSSIE: We don't have a written definition of a machine
shop, per say, but if I can just interject my limited knowledge of that sort of thing,
I would think that it would be a business that makes small machine parts of
metal.
JODY ADAMS: Yes, like the one over on Route 48.
COUNCILWOMAN HUSSIE: Right, and that's a Machine Shop.
JODY ADAMS: I'm very concerned that Southold Town has no control
whatsoever on excessive auto emissions, on the disposal of various chemicals
from similar shops. I think that this type of machine shop could create these
problems. You can refer this to the Department of Health and take these things
away from you so you don't have to gain responsibility for it and yet the people
visiting here are going to begin to inhale this stuff and I wish you would think
about it and consider it.
SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the
Board in relation to any of the resolutions? Tyle~
TYLER CORNELL: I'm Tyler Cornell on behalf of Ruth Enterprises and the
Comell Family. I rushed down here today for, what I heard through the
grapevine, was another hearing on input from the public on the Cramer Study
and how it would affect our properties. Unfortunately, I haven't to make the
beginning of any of the meetings and never seen an agenda before for any of
these meetings.
SUPERVISOR COCHRAN: They've been here.
TYLER CORNELL: I believe that they've been here. I just haven't been able to
get down in time. As I look at the agenda, I see a number of resolutions to enact
the laws and I don't see any mention of the Cramer Study which is why I thought
I was down here. Although, it does look like everything of these resolutions of
laws to be enacted directly affect the Cramer Study. I was wondering why I don't
know about any of this stuff and I would like to request, considering we're
Special Town Board Meetin,q - 10/14/99 - Pa,qe Fifteen
comfortable in picking up the phone and calling the Town Clerk or the
Supervisor's Office. I just don't see the logistics of it.
TYLER CORNELL: Do you see the logistics of us trying to get down here?
SUPERVISOR COCHRAN: Yes, I do. I can appreciate that. I can.
COUNCILWOMAN HUSSIE: Mr. Cornell, if I may - part of this is part of what
appears to be a bit of confusion on motions that I made on Tuesday evening at
1:00. We were going to consider the four laws that are before you now. I moved
to table those - table the motion to enact those laws. The reason was that we
really hadn't discussed anything about the input that we had heard at the Public
Hearings. This morning we were reconvened for continuation of the hearings of
the 4th, 5th and 6th - the Cramer Study Zone Map Changes. As you recall, those
hearings were continued to this morning at 9:00, based on the fact that we would
know what the new code changes were going to be. And that's why we're here in
this position right now. Because those code changes have to be solidified - yea
or nay - before the people who are here with their various concerns can speak
knowledgeably about the impact that they might have.
TYLER CORNELL: Sure and I can understand that completely but at 12:00 I had
already missed two conference calls while I was here just to hear something like
that and the biggest reason that I come is to find out what the heck is going on
and when I have to get down here. I got here late because we're trying to set up
a job. I wasn't here at the beginning of it and it just seems to me that if that's
happening to me, it must be happening to a lot of people in the Town that this
directly affects and I wanted to get it on the record and ask the Town to, in the
future, find a better way to notify the people of their retirement funds being taken
away and things of that sort.
The second thing - and I wasn't going to talk about any of this but we've
got to do it - at least it's on the paper - was that I do have an agenda. I read the
policy and it kind of makes all my efforts seem worthless. If you read the policy it
says "At scheduled Town Board Meetings, the attending public is encouraged to
briefly address the Town Board relating to agenda resolutions prior to their
enactment...".
SUPERVISOR COCHRAN: That's what you're doing. We haven't done the vote
yet.
COUNCILWOMAN HUSSIE: There are times when we have resolutions on that
are definitely noncontroversial and then we do have some that are controversial
and there are many times when we get input from the public and some of the
points must be considered in which case we might not move the resolution.
Special Town Board Meetin,q -10/14/99 - Pa,qe Seventeen
sure that we really were complementing the hamlets and providing adequate
space for growth and continuation.
SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the
Town Board in relation to the resolutions? This is not the hearing yet. This is on
these changes. I'm going to take the gentleman in the back and then I'll take you
Mr. Meinke.
PETER HENNESSEY: I'm Peter Hennessey from Southold. I'm one of those
businesses that is in the 25% of LB that is not on for ... I have two warehouses
for a book company on Depot Lane and I'm about two weeks away from
approaching the Building Department to put up another warehouse. You people
have put a line through my business. Not only will I not be allowed to put up the
size of the warehouse that I want, I won't be able to put up any warehouse
according to what rm reading. Nor will I be able to buy other property that I can
build a warehouse on. VVhat am I supposed to do? Can you tell me that I have
nothing to worry about?
COUNCILMAN ROMANELLI: You can have a warehouse in an LB Zone.
PETER HENNESSEY: But it won't be LB. It will be LB to whatever you're
thinking about changing it to.
COUNCILMAN ROMANELLI: It's your property in particular that you're thinking
of?
PETER HENNESSEY: Correct.
COUNCILWOMAN HUSSIE: What is your property presently zoned?
PETER HENNESSEY:LB.
TOWN ATTORNEY YAKABOSKI: Correct. But if I understand correctly, you're
on Depot Lane?
PETER HENNESSEY:Correct.
TOWN ATTORNEY YAKABOSKI: I don't believe that there is a zoning map
change proposed for any area around Depot Lane.
COUNCILWOMAN HUSSIE: He's concerned about the uses in LB.
TOWN ATTORNEY YAKABOSKI: Correct but there are two things. The first
thing is that I don't think there are any zoning map changes and the second
Special Town Board MeetinR - 10/14/99 - PaRe Nineteen
PETER HENNESSEY: And then I won't have any problem puffing up another
warehouse?
COUNCILMAN ROMANELLI: On the property that you're on now.
COUNCILMAN MOORE: Assuming you meet what the Code requres presently -
I'm assuming that you could do that with whatever plans you have.
PETER HENNESSEY: These percentages of 15 and 30...
COUNCILMAN MOORE: Have no bearing on you. You'd still be conforming.
SUPERVISOR COCHRAN: Would you please spell your name and the name of
the business?
PETER HENNESSEY: Sure, Buccaneer Books and my last name is Hennessey.
TOWN ATTORNEY YAKABOSKI: Mr. Hennessey, look at number 12. Do you
see private warehousing? There's another law about the definition of private
warehousing.
COUNCILWOMAN HUSSIE: And the private warehousing proposed definition is
"A building used for the storage of goods and materials by the owner of the
goods and materials for the owner's own use...ex, off-site storage for operations
conducted by the owner at another location. No retail sales are permitted at a
private warehouse. This is not to include self-storage facilities". Those are the
public warehouses.
SUPERVISOR COCHRAN: You're fine.
PETER HENNESSEY: Thanks for your time.
SUPERVISOR COCHRAN: You're welcome. Thank you for coming in.
TOWN ATTORNEY YAKABOSKI: Mr. Hennessey, may I ask one question?
PETER HENNESSEY: Sure.
TOWN ATTORNEY YAKABOSKI: It's up to you completely - does that mean that
you are withdrawing your protest or not? It's up to you. I'm asking this because I
might have to do calculations later depending on what the Board votes.
PETER HENNESSEY: I don't agree with altering the Town Code.
Special Town Board Meetin.q - 10/14/99 - Pa,qe Twenty-One
GEORGE PENNY: O.K., thank you.
SUPERVISOR COCHRAN: You're welcome. Would anyone else like to address
the Town Board in relation to the resolutions? Jim?
JIM DINIZIO: You had a hearing the other on these four laws and took a lot of
information and a lot of comments. And rm wondering when did you meet to
discuss those comments as to whether or not you're going to change any of
these laws. And are these laws that (noise interference)...the other night?
COUNCILMAN ROMANELLI: They are the same laws that you looked at the
other night. We haven't taken those comments and changed anything based on
those comments.
SUPERVISOR COCHRAN: They are the same.
JIM DINIZlO: So, you haven't taken any of the comments and changed them
based on the those comments...(noise interference). You're saying to me now
that you haven't changed anything based on the information that the people
gave you. In other words, the law is the same even though you had the public
hearing, you took information and disregarding all of that because you feel that
these are the motions that should be voted on? Is that correct?
?: Yes.
JIM DINIZlO: Without regard to any of the comments?
COUNCILMAN ROMANELLI: We can't say that we're disregarding the
information.
JIM DINIZlO: You know, well, why have a hearing that you don't at least, at
some point in time as a Board, sit down and discuss the information that you
took in and perhaps formulate - that's why you have the hearing - because the
law is requiring to have comments from the public. And if I read this correctly,
you haven't changed the laws as they were written so you disregarded the
comments that the entire public has commented on...Am I correct, you haven't
discussed anything that you heard at that meeting? You just are going to vote on
those laws as they were presented to the public on that night?
SUPERVISOR COCHRAN: It has not been discussed as yet. Is that the answer
you want?
JIM DINIZlO: Yes.
Special Town Board Meeting - 10/14/99 - PaRe Twenty-three
SUPERVISOR COCHRAN: Thank you. Tyler?.
TYLER CORNELL: Thanks, Jim and Joe. That's kind of where I was going with
the way it was written for enactment. I really have two things that I want to say. I
don't feel like pushing you guys too hard or anything but I was just thinking about
the logistics as I just mentioned about getting the word out to people. If more
people had the word and everything had gone where it could be thought about
before they had the second hearing_It would probably be worth the taxpayers
money to look into that and get things rolling smoothly before they're pushed
through and the lawsuits arise. Dollar for dollar, rm sure that the lawyers will
outbid any logistics for their way to get notice out to the public. And concerning
the resolutions, when I was speaking before, Alice, you had mentioned before
that we couldn't have that hearing. I think it was you that mentioned it - that we
couldn't have the hearing for the Cramer Study until the hearing for these laws
and resolutions was had.
COUNCILWOMAN HUSSIE: It wasn't a matter of couldn't - it was a matter of the
request of the public to continue the hearings until they knew what the laws
were. They were objecting to talking about proposed laws.
TYLER CORNELL: Anyway, will the votes on the laws be taken before the vote
on the Cramer Study is taken.
COUNCILWOMAN HUSSIE: That's what we're supposed to be doing today.
TYLER CORNELL: Wouldn't that make the Cramer Study worthless, considering
it was done on previous zoning laws?
COUNCILMAN MOORE: No, because the Cramer Study included proposed
recommendations - it was a two prong study. The proposed recommendation
was for a zoning code to be considered since the time these proposals were
made to us and we've worked around through a series of work sessions and, in
conjunction with that, the specific set of recommendations as to zoning changes.
It was one, two - here are suggestions on both phases: the Code and property.
TYLER CORNELL: So, in other words, I just found out about these laws at the
hearing but Mr. Cramer knew about them months ago.
COUNCILMAN MOORE: These recommendations were all part of his proposal
which was recommendations to our Code change to be made to us back when it
first came out and was in his report.
TYLER CORNELL: How many pages is his report?
Special Town Board Meeting - 10/14/99 - Pa,qe Twenty-five
read in the publication of the laws and say I think it would be better this way or I
think it would be better that way. There's a bunch of opinions out there and it
does feel to us too that all the comment, at least one round of comment, should
marinate in the heads of the Town Board and be discussed and then be put into
potentially reworded laws. We all feel as though we're part of some sort of a
giant play here where everybody is asked to be part of the deliberations and
nothing every appears as a change effort. You hear hours and hours and hours
of opinions but you get the feeling that none of it was considered important
enough to become a new sentence in any one of these things that you're
working on. Maybe there's something about your procedures that I don't fully
understand but I do find it unsettling also. Thank you.
SUPERVISOR COCHRAN: Thank you, Mr. Meineke. No demonstrations, please.
Would anyone else like to address the Town Board? Mr. Foster?
ARTIE FOSTER: Good morning.
SUPERVISOR COCHRAN: Good morning.
ARTIE FOSTER: I'm Artie Foster. Item number 4 in reference to the
nonconforming with expansion - either 15 or 30% - whichever is determined and
it's my understanding that, if by law you can expand 15 or 30%, you still have to
go to the Planning Board?
COUNCILMAN MOORE: Beyond 15%. If you're going as far as 30, you're going
to the Planning Board.
ARTIE FOSTER: Fifteen is done...
COUNCILMAN MOORE: Without site plan.
SUPERVISOR COCHRAN: Without.
ARTIE FOSTER: Without site plan. From 15 to 30 - say 20%, you have to go to
the Planning Board for the site plan.
COUNCILMAN MOORE: Beyond 15.
ARTIE FOSTER: What determines that - the size of the lot; the size of the
building that you presently have in relation to -
COUNCILMAN MOORE: Expansion of the existing building - the existing
footprint.
Sp_.ecial Town Board Meeting - 10/14/99 - Pa.qe Twenty-seven
contractor's businesses or yards, but not limited to, building, plumbing and
electrical yards, telephone exchanges, antique and art and craft shop galleries.
Accessory uses that are added are outside storage of equipment, supplies and
materials associated with any of the normal operations of the principal use
provided that the storage is adequately screened from along the road frontage
and contiguous residential lots with natural vegetation, landscaping, fencing
and/or as shall be deemed appropriate by the Planning Board. We made some
changes in the bulk area and parking requirements. The Planning Board may
grant a limited waiver from the bulk schedule requirements from a lot size to a
minimum of 40,000 square feet where it can be clearly demonstrated that the
subject parcel has been held in single and separate ownership since 1989 or
earlier based on title, a survey prepared by a licensed surveyor describing the
subject premises and all contiguous property. This stays the same as the old law
was - structures shall be set back at least one hundred (100) feet from the right-
of-way. There shall be an exception to Subsection A if the adjacent parcels are
developed, in which the minimum front yard setback shall be average of the
setbacks of the neighboring parcels. A project shall be divided into separate
structures so that no single structure shall have any more than sixty (60) linear
feet of frontage on. one (1) street. The setbacks of multiple structures on a
parcel may vary, provided that the average setback of the structures meets the
setback requirements above and ail buildings are at least seventy-five (75) feet
from the right-of-way. And that's as the law states right now. That's it.
OCT 12
GRISWOLD
eERRY - GLOVER POST, NO. 803
SOUTHOLD~ NEW YORK
October 12, 1999
Southold Town Board
Town of Southold
Main Road, Southold, N.Y.
Dear ~{~mbers of ~'he Southold Town Board,
I am very concerned about your hearing tonight on the changes
on RO Zoning. Because of a conflict of meetings I am not able
to make the hearing, and discuss this with you tonight. At tonights
meeting the membership~representing a total of 380 members, and
being the largest Veterans organization, we are asking for the
hearing to b~ left open so we can voice our concerns.
Thank you for your always available co-operation.
Sincerely., ,
Robert W. Hopkins
Post Commander
October 12, 1999
SOUTHOLD FIRE DISTRICT
P.O. BOX 908, SOUTHOLD, N.Y. 11971
(516) 765-4305
FAX/516) 765-5076
Town Board
Town of Southold
Main Road
Southold, NY 11971
Re: Proposed Local Law Respecting the RO Zone
Dear Members of the Town Board:
It has recently come to our attention that the Southold Town Board is
considering an amendment to section 100-70 et seq. of the Southold Town Code,
concerning uses in the RO zone. This is to advise you that the Board of
Commissioners of the Southold Fire District strongly opposes the amendment
as proposed.
We reserve our most severe objection for that portion of the suggested
code which seeks to change fire district operated structures from "permitted
uses" (section 100-71(A)(2)) to "permitted uses subject to the site plan approval
by the Planning Board" (section 100-71 (A)(3)(a)).
The Southold Fire District is a sub-unit of the State of New York, with
autonomous powers granted by the State Constitution. The Town of Southold is
itself just such a sub-unit and possesses its own powers pursuant to state grant.
Nowhere in the laws of the State of New York does any authority exist for the
proposition that a Fire District is in any way subservient to, or subject to the
authority of, Town government.
If and when a Fire District decides to construct a facility of any kind it does
so upon its own authority and the power vested in it by the state law. While it is
true that a Fire District structure must comply with certain building, fire and
environmental codes that is because those requirements are imposed at the
state level.
Town of Southold
Re: RO Zone
October 12, 1999
New York State does not impose, and in fact does not recognize, any
requirement that a Fire District property comply with any local zoning ordinances.
The reason for this is simple. The entity of the Fire District was created by the
state for the purpose of providing fire protection for its residents. Accordingly,
decisions of the elected governing Board of Fire Commissioners cannot be
substituted for or second-guessed by the appointed functionaries of a separate
municipal entity.
It is the fervent hope of this Board that you will rethink the wording of this
proposed zoning amendment and delete the offensive language referred to
above. Frankly, wa are at pains to understand how this part of the proposal in
any way helps to bring about the "Legislative Intent and Purpose" stated in
section 1 of the Local Law. In any event, wa reiterate our strong objection and
look forward to continuing the fine working relationship we have usually enjoyed
with the Town of Southold.
Very truly yoursI
~"John Stankewicz
Chairman of the Board
Commissioner
Bill Sawicki
Commissioner
~~-,...._.~
Commissioner
1 2 1999
Statement from the Commissioners of the Southold Park District dated
October 12, 1999
The Commissioners of the Southold Park District would like to go on record in
opposition to A Local Law to amend the uses and conditions on uses for the Residential
Office (RO) District specifically the change from A2 to A3a and the addition of D-2 as it
pertains to the Southold Park District.
Even though the Park District has no properties in any residential office zones, due to
special legislation of New York State which makes the park district municipality a
separate government entity independent from Southold Town and not subject to zoning or
planning codes, only to building department codes, we feel that the change to the RO
zone law stating that park district functions and structures will now be subject to site plan
approval by the planning board, to be not only illegal, but also not in the best interests of
the functions ora park district.
The planning board should not override the acts of elected officials of an independent
government body such as a park district as the planning board's rules and regulations are
not designed for the purpose of park district functions.
As an example, in section D 2, it states that all permitted buildings and other structures
shall be visually residential in character, the visible architectural features of which shall
be consistent and compatible with the architectural styles of the existing structures in the
immediate neighborhood. Even though the Commissioners would try to make it as
attractive as possible, a bathroom outbuilding is a diffmult thing to make look like a
house.
By order of the Commissioners:
Michael P. Hagerman
Robert C. Cochran
John L. Conway
Linda D. Bertani, Secretary
STATE OF NEW YORK)
)SS:
COUNTY OF SUE, FOLK)
k.-'~[CL~ ~-. [k. J l'l~ i ~ of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, 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 regu-
larly published in said Newspaper once each
week for ~ weeks .~ccessively,
commen.cing- on the ~)0'~ day
/ ~-~ Principal Clerk
~t,,..~JQ.H N P. BRI$OTTI
~worrl_ Lo before mc~J~[]~r, RY pL,~,,~TATE OF NEW YORK
dayof 7~f~'f~ ~,~-' ~[~3~~t3~l~l~ TY
- ~ .--~ r'.~ALIFIEu IN SUFFOLK COUN ~
PUBLIC NOTICE IS HEREBY
GIVEN that the Town Board of the
Tow~ of Smithoid will hold a P~blic
at the _~,._~oid To~n Hall, 53095
· M n~ R~[, .~outhoid, N~w York ut
8.'{~ P.M., Tuesday, October 12,
'I'ttle: A Local Law to ar~nd
~he ~ Ofik~ (RD)
of the Zonln~ Code of the Town of
Southold Et~ciment:
I~ it enacted by th~ Town Bo~nt
~g~e Town of ~ as follows:
· ~otder to achieve the Soul(s) of
~ [planned, environmentoBy sensi-
balanced development and to
~ t~ nd~p~e re-use of
n~ okler residences, to pre-
, ~s the. existi.~ visual ctmracter of
~ m~., ,a~,provm~ for a r~a-
h~reb, find ired ~a'~Mne that it is
~l~nd ll~ pzn,~ittee u~ of the
u~ a~a to b~ comp~ble with
existing [mtt~m of development,
v~hietl ar0 ~itemplai~[ to meet ollr
pianni~ otgeetives incA~ding, but
traffic and other impacts o~ th~ sur-
ro~mtin~ residential development
and to ~ eooduclve to ~ s~.p~ive
re-us~ of ~ resid~tial build-
Chapter
entitl~i "Zoning" of the Town
Ofli~ (RD) District. is h~rcby
'l~ ~ of the Residential
Otti~ (P,O) Dist~ is to txovid~ a
tr~itio~ ~r~a b~tween bu~iaess
~ Ired Io~-{~msity residential
District, no building or premises
shall be used and no building or part
of a building shall be erected or
altered v, hich is arranged, intended
or designed to be used, in whole or
in part, for any uses except the fol-
lowing:
A, Permitted uses.
( l ) One-family detached
dwellings, not to exceed one (I)
dwelling on each lot.
'
dwegine.
[31 The followin~ uses are per-
aoproval by the-Plannin~ Boar~
organizations and util~ed for activi-
~icallv co~cd by a frater-
~public and private functions.
31B/14L
e} Churches or similar places of
~ monaster~
g~ a~d liked small business
overall floor space of 3.~ s~uare
~ption by the Board of Ap~als.
Ap~als as hereinafter provided and
Planning Board, provided that not
more than one (1} use shall be
(~,~) square feet of lot area:
(1) S~dal ex.priori u~s as set
· forth in and regulated by ~ I~-
31B(1) though (7) of the Agficul-
...........................
~ ~ Funeral homes.
(~) ~Apartments may be per-
fessional offices as regulated by §
100-91B(4)(a) through (fl. inclusive,
f51 Custom workshoo provided it
shag not be all or part of a eom-
C. Accessory uses. The following
and, except for residential accessory
uses and signs, which are governed
by Article XX, are subject to site
(1) Accessory uses as set
forth in and regulated by § 100-
31C(1) through (7) of the Agri-
cultural-Conservation District and
subject to the conditions set forth in
§ 100-33 thereof.
(2) Accessory uses set forth
in and regulated by § 100-42C(2) of
the Hamlet Density Resi-
IDI Additional Standards. Ail
this Article. exceot for single family
dwefiinas, shall be subject to the
}gwing:
Ilf No Outdoor storaee or dis-
olay of any kind shall be nermitI¢~;
(2l All t~ermitted buildin~ and
idential in charaeteL the visible
architectural features of which shall
be consistent and compatible with
the architectural styles of the exist-
neighborhood.
3'} Store fronts of any kind what-
soever shall not be oermitted,
§ 100-72. Bulk, area and parking
regulaflon~.
No huilding or premises shall be
used and no building or part thereof
shall be erected or altered in the
Residential Office (RD) District
Bulk Schedule and Parking and
Loadmg Schedules incorporated
set forth herein in full,
Copies of this Local Law ate
available in the Office of the Town
son desiring to be heard on the pro-
posed amendment should appear,
has the right to appear, at the time
and place above so specified. Any
person also has the right to submit
Town Clerk either prior to the pub-
lic hearing or at the public hearing.
Dated: 9/28/99
BY ORDER OF THE
TOWN BOARD OF THE
TOWN OF SOUTHOLD,
SOUTHOLD, NEW YORK
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
1988-ITS30