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HomeMy WebLinkAboutAdoption of Zoning - 1957SOUTHOLD, L.I., N ZONINC~ COMMISSION MEMBERS John Wicl~h*m, Chairm, an Serge Doyen, Jr. Rober~ W. C~ill[spie, Jr. Harold R. Reeve Charles V~n Duzer August 3, 1956 The Honorable Norman Kllpp, Oupervisor Town of ~outhold, and i~mbers of the ~outhold Town board Greenport, New York Ge nt leme n ~' The Southold Town ~oning Co~zaission, appointed by the oouthold Town Board on Earch 15th, 1955, respectfully submits this, its final report and recommendations as follows: The Co~tission met sixteen times between March 15, 1955 and July 31, 1956. After the organization meeting it was decided that in order to protect the welfare of the town it would be advisable to adopt Rules and Regulations for the Sub-division of Land as soon as possible, and with the creation of a Planning Board all efforts were turned in that direction for th~ first few meetings. Subse- quently work was commenced on zoning problems, the work done by the Planning Board being very helpful in indicating concentrations of population, industry, business and agriculture. It was felt wise for each member to study the large scale tax maps of his particular area, and, as a result of this, to make recommendations for the most logical areas to be zoned and the location of non-conforming uses. At later meetings these maps were gone over in detail by all of the Co~-~nission and reoo~mnendations made. In order to provide the maximum in protection for our town with the least possible restriction and red tape, it was thought best to have only tl~ree zones in the town, n~ely, residential and agricul- tural, business, and industrial. The Co~mmission was extremely for- tunate i~ having at its disposal the cervices of Otto ~. Van Tuyl, licensed engineer and surveyor, whose knowledge of the entire area was of great valm~e and whom we engaged as our map-maker. The proposed ordinance is specifically written for Oouthold Town. At the same time the ordinances of many other towns and mu- nicipalities in this and other states were studied and provided valuable background material. In this regard the wisdom and ex- perience of ~o John l~uddeman, professional engineer and consultant to the Conm~ission was of the greatest service. In fact we and the entire town are deeply indebte8 to him for the time and self-effac- ing effort he has contributed. The Honorable Norman Klipp P~.ge 2 August 3, 1956 ~4~n the proposed ordinance and map met the approval of the entire Co~mnission, a series of three public hearings was held as follows: July 24, 1956 at Nattituck High School at 8 July 25, 1956 at Southold High School at 8 P.E. July 27, 1956 at Fishers Island School at 2 P.M. The attendance at each hearing was as follows: Mattituck, 60 persons; ~outhold, 185 persons; Fishers Island, 50 persons. Iu general, the Nattituck he,ring tended to explore the ordinance, and in Louthold the majority of those presant seemed interested in the map, while at Fishers Island both the map and the ordinance were the subject of comment and suggestion. At no one of these hearings was any state- ment made by any person in opposition to the zoning of Soutbold Town. For your information, the clerk's notes of the hearings and all of the minutes of the meeUngs of the Commission are on file the Town Clerk's office. Total expenses of the Commission to date of July 10, 1956, were U760.~8, to which must be added the costs of the hearings, making of the map, printing of the proposed ordinance and costs sub- sequent to the hearir~gs, statements for which have not yet been pre- sented. As a result of t~%e hearings several minor chanjes were made in both the ordinance and the map, the revised copies of which con- stitute a part of this final report. In the opinion of the Com- mission the proposed ordinance and map bear a direct relationship to a comprehensive plan for the future development of the town of Southold. , The Commission also recomm~ends that in order to haVe all seg- ments of the town economy work in harmony in connection with ~his Zoning Ordinance and all matters pertaining to it, that the three large sections of the economy, agriculture, business, and su~m~er residents, be represented on the Board of Appeals, and it is sug- gested that one of the members represent the sum3ner residents, one business, and two agriculture, and that one of the members be from Fishers Island. The Conmission feels it has fulfilled its obliga- tion in preparing the map and the ordinance and in holding the hear- ings, and takes pleasure in presenting its final report and recom- mendations to the Town Board for its consideration and action. Sincerely yours, Se c~t ary-Tr~.~sure r ZONINg- COMMISSION MEMBERS John W;c~ham. Cha;rman Serge Doyen, Jr. Harold R. Reeve Augus~ 3, 19~6 TO T}~ I,'~,~ERS OF THE SOUTHOLD TO~iN BOARD: At a meeting of the Zoning Commission on July 31st, 1956, and as a result of two requests,following the hearings, for a separate agricultural zone, we studied the possibility of dividing the pro- posed "A" Residential and Agricultural District. It was the feeling of the Zoning Commission that we did not have sufficient facts at our disposal to warrant a decision. It was therefore decided to make the following reco~nendation to the $outhold Town Board: that sometime in the future the ~outhold Town Planning Board be commissioned to make a survey of agriculture in the town with the advisability of amending the Zoning Ordinance, if it is adopted, to include a separate agricultural district. Sincerely yours, Se tar -Treasurer ~ember Moved b~J~stlce Henry A. Clark Socond~y Justice Ralph W. Tuthill RESOLBTION WEEREA~, the Town Board of the Town of Southold, in the interest of community welfare, is considering the adoption of a zoning ordinance, and WHEREA~, the Zoning Commission here$ofore appointed by the Town Boa~d of the Town of $outhold has filed with the Town Board its final report and ms~, NOW, THEREFORE, be it RESOLVED, that a public hearing on the proposed building zone ordinance be held at Southold High School, Southold, Buffolk County, New York on August 31st, 1956 at 8:00 o'clock (Daylight Saving Time) in the evening of said day, at which time parties in interest and citizens shall have an opportunity to be heard; and be it fumther RESOLVED, that the Supervisor be and he hereby is instructed to proceed with the requirements of the Town Law in providing the necessary and proper publication of notice of the time a~d place of the hearing; and be it further RE~OLVED, that the Town Board express its grateful appreciation to the members of the Zoning Commission for the exhaustive and self- sacrificing work performed by them in accomplishing theL~ work as members of the Zoning Commission; and be it further RESOLVED, that the Town Board of the Town of Southold express its undying gratitude to John Me Muddeman, without ~hose unselfish services the final report of the Zoning Commission would not have been accomplished in such satisfactory ma~nere ~ LF~AL NOTICg i NOTICE OF PUBLIC HEARING Notlce ~ hereby given tha~ ~he ~ ~uthold Town Zon~g Commission 'wR1 hold ~hree public he,rheas the prop~d Building Zone Ordin- ance ~ foflows: .~ttituck ~Eh ~hool, ~-~ .~ttttuck, N. Y. J~ ~4, 1956 at 8 P. M. ~uthold High School, Southold, N. Y. J~y 25, ~6 at ~ P. M. ~shers ~nd School, ~hers ~land, N. Y. July 2~, 1958, at 2 P. M. All perao~ interested in any In the pro~d Building Zone Or- dnance may appear bef~ the Co--ion to be hear~ ~t the :above t~es and plies. ~%is not,ce is advertised in cord~c~ ~ith the Town L~w and under au%hority of the Sou~hold To~ ~d ~ of March 15, 1955. ~ted July 11, 1956 John Wlc~am, Chairlna~ ~h~les ~anDuzer, Secretary ~rge ~yen, 3r. ~ W. Gfll~s~e, Jr. STATE OF NEW YORK, ~ ss: COUi~TY OF SUFFOLK, s&ys that ..... ~ ....... is ~nter ~d Pub~sher of the ~UFFOLK TI~ES, a newspaper published at Greenpo~, ~ said county; and that the no~ice, of which the annexed is a prated co~y, has been published ~ the s~d Suffo~ Times once in each week, for ...................................... ~ ................................. weeks successively commencing on the ...... ~~~ ............. of ....... ........................... .... . ~;.~ ~ ................. ~wom to before me thi~.,,..~..~'Xtk~,. ~ .... ~ ................ ~ ~3~., i . 9TANLE¥ S. CORWllt Notary P,bllc. State of New Y~ No. 52-5,~261S0 Suff~l~ Cou~t? ~TO~IC~ OF pUBLIC Notice is hereby given that the ~ttltuck H~h ~h~l, ~he ~ro~sed B~ld~ ~ne ~din~ce authority of the ~ut~old Town ~ard Dated: J~y 11, 1956. COUNTY OF SUFFOLK ~ STATE OF NEW YORK~ ss. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- ~'"'f~"~L~'" weeks man once each week for .. ..~.,., . successivery, commencing on the ...... /.....d.~. ......... ' ............. day ...~.,~-.~.~.: ...... 19...?..( , ...... Sworn to before me this ...... ..~..~? .......... day of ...... Notary Public ' / SOUTHOLD, L.I., N.¥. ZONING COMMISSION MEMBERS Jo,hn W~cLham, Che;rman Se~e Doyen, Jr. Roberf W. Gill~sple, Jr. Harold R. Reeve Charles Van Duzer July 11, 1956 The Town Clerk T~wn of ~outhold Southold, L.I., N.Y. Dear Sir, Please be advised that the attached digest represents the preliminary report of the Zoniug Commission to the Town Board In accordance with the provision that such report must be filed prior to the public hearings which are now scheduled for July 24, 25,and 27. J~ :A Very truly yours, ChA rman DIGEST OF PROPOSED BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD, N.Y. As authorized by the Town Board of Southold Town, N.Y. and by the Town Law of the State of New York, the Zoning Commission will ~rop®se at public hearings in the Town, at Mattituck, Southold, and Fishers Island, an Ordinance establishing districts and boundaries so as to pro- mote the health, safety, morals and general welfare of the Town wit~ consideration to tl~e most desirable use for which the land may be adap- ted, the conservation of property values, and the direction of building development in accordance with the best interests of the Town. For the purpose of this Ordinance, tn. Town of Bouthold, not in- cluding the Incorporated Village of Greenport, is divided in the follow- ing three classes of districts - "A" Residential and Agricultural, "B" Business, and "C" Industrial, the boundaries of which are shown on ,PrODOsed the/Building Zone map or maps which will be presented at the public hearings. "A" District shall include 1-family dwellings and accessory build- ings, agricultural farms and accessory buildings, churches, schools, parks, country clubs, etc. "B" District shall include ~-family and multiple dwellings as hotels and boarding houses, offices, places of -~,eement, garages and service stations, docks, boat yards, etc. together with accessory build- ings. This District shall also include all the uses of "A" District including single family dwellings and agriculture~ "C" District shall include fertilizer manufacturing, oyster plants, .~.. sand and gravel screening and cement block operations, and "B" uses will be allowed in this District also. etc., but "A" The minimum size lot in "A" District shall be 100' front and 125t depth unless there are special circumstances. The house may not occupy more than 25 per cent of the lot area, and the set back should be 36' from the street line, and the side yards be a total of 25' with neither side less th-n 10re In order to assu~e development of the Town in the above-mentioned orderly way, construction of dwellings, business or industry, will re- quire a building permit for whic~ a nominal fee will be charged. An Appeals Board will be set up to consider cases where there is a differ- ence of opinion or hsmdship, and in the course of time and the develop- ment of the Town, the Ordinance may be amended if necessary in the manner prescribed by the laww of the State. SOUTHOLD TOWN CLERK'S OFFICE STATE OF NEW YORK, ) )SS:- COUNTY OF SUFFOLK, RALPH P. BOOTH, being duly sworn, deposes and says that lie resides at Southold, in the Town of Southold, county ef Smffolk and State of New York; that he is the Town Clerk of the Town of Southold; that on the llth day of April, 1957, he posted a eopy of the attached BUILDING ZONE ORDINANCE, together with the Map, an the sigmboard maintained by him pursuant te Town Law in the S®uthold Town Clerk's 0ffioe at S®uthold, New York; that such posting by him was dame pmrsuant te ~he provg~M~ ~f tAa Towm Law and pursuamt to ~he l~esolutien of the Southold Town Beard adoptimg a Bulldlng Zewe Ordlnanee om April 9, 1557. (L.S. ) Subsorihed amd sworn to before me this llt~ day of April, 1957. Notary Publlo. PUBLISHERS' CERTIFICATE Town of Southold, N. Y. lie hearing wily ~e held blt the Soutltold.' I~__gh ~1~ool, Oaklawn ~.F:~, entitled ,.~ulla4n~Zone State of Connecticut, t ss. New London. County of New London~ On this.____~_~_~_day of ...... ):!I:7.LI.~--f-' ..................... A. D. 19~ ~ personally appeared before the undersigned, a Notary Public, within and for said County and State, .... 7:e_:~iAF_~__ _ _g_ _._ _ _c_ _o_ _1_ _b_y_ _-_A_ _s_ ~_ l_ ~.~ ~ nZ _Ae~e~l ...... ..................................... of THE DAY, a daily evening newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath~ that the Order of Notice in the case of __9_~__&__P_riP_9_~DJ__to~lm ......... .a t~e copy of which is hereunto annexed, was published its issues of days of___~=~ ............ A. D. 19~6. S~bscribed and sworn to before me this ..... ~ ....... day of.__._~[mu~g ............ A. D. 19~S. Notary Pnblic. PUBLISH ERS' CERTIFiCATE Town of 8outhold, N. Y. lic hearing wIl~ ~ held by the sal~OTown oi I~llnlold. as recom- tile ~onin~ Comml~st~.,n State of Connecticut, t ss. New London. County of New London, A. D. 19~6, personally appeared before the undersigned, a Notary Public, within and for said County and State, _l_'v!~.D___g?~¢_r ........................ of THE DAY, a daily evening newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the ease of ordinance is hereunto annexed, was published in said newspaper in its issues of the___!U_th__amd__2khh_ .......................... ?/ Subscribed and sworn to before me this ...... ~_.h_ ..... Notary Public. I~OARD ADOPTING A ~BUTLD~ ZONE _0 RDINAN~E. WHE~EAS. all the matters and things req~lred to be done by the Town' Law of the State of New York in order that the Town ~oard of the Town of Southold, Suffolk County, State of New York, aay avail itaelf of the power~ conferred by said law have been luly complied with, NOW T~,;~Oll~,-~ '"~rd of the Town of $outhold, ..... ~, .... York,-by virtue of the authority in it by ~aw invested, hereby_~_rdatns and enacts the following ORDINANCE: Section 1 Section 101~ The Town Cl~k of the Town of Southold is hereby authorized ~nd directed to enter this Building Zone Ordinance in the ~lnutes of the Town Board, to publish a copy thereof (exclusive OMC e the Building Zone Map~incorporated herein)/in the Long Island ~raveler~Mattituck Watchman and in the Suffolk Tim~s~ to post a ~opy the~oT ~oge~he~with ~he map on the signboard maintained ~ ~-~ '-- and to file in his office hi--- pursuant ~ -~.. This o~dinanee mhall take e~fect ten days after such publication ~nd posting. ~ .... -- 1957 BY 0~ER 0F ~E BOU~0LD T0~ ~ARD, R.ALPH p. B00T~, Town Clerk STATE OF NEW YORK, ] " ? SS: COUNTY OF SUFFOLK, he g duly Sworn, says that ...~... is ~nter ~d Pub~she.r of the SUFFOLK TIMES, a newspaper published at Greenpo~, ~ said county; and that the notice, of which the annexed is a p~ted copy, has been publ~n the s~d Suffo~ Times once in each week, f~r ..........~~ ............................................................. weeks successively commenc~g on the .~ ....... ..~...~~:~.~~ ........... ~o~ ............... ~~...~,~~ ~'~t~,,~;[~t o~ u~'~ .............................. R~iding . . -- - ,.. THE SUFFOLK TIMES) FRIDAY, AUGUST 17, 1956 Page Three - .4..__ .__ .........-. ,"I - ._--~----- ~ - ,.."---~ LEGhL NOTICE t LEGAL NOTICE - "''''''''' " "---~._'" --=~-*"'.. - ,. -------- ---~-~'..---.-~'" -~._~ .--~---~ NOOICF4 OJ! lIEAJtING . two C2J faxtuUeI. , " from a,g ve, uired on eaolit'Gweet front, or l'na be ¡ erect~d, altered, or used, and no lot or varnish ma.nuf~\cture. that all use, height and yard require- NOTICE IS IiER.EBY GIVEN that a ~_DWELLING--MtJLTIPLE··A I street layout, actua.lly on tl,1e ground, ¿ecrel:lSed as ø. .cíal exception b ,y the premIses except for agriculture may be 24 Paper and pulp manufacture. m(~llts have' bet'll complied with. pUblic hearing will be held by UK> Town buUding or portion, thereof, de¡iI:t1ed variea trom 1¡þe street layout as shown B d f AP1)~i '1" he ' ft J I used for any trade, industry or business 25 Petroleum rpfil1ing. SEC,.·..1'rON 70'1--All pt.'rmit fees ~md , ". ! tbr (3)' in ps the designation oar 0 .' <..) rcmfì' er pro- th 1 be dj di t d bli' . < Board of the Town of Southold, Suffolk for or occupied as a home or e~ on the fjOn g ma,. 11 vided . " ; ~t las en a u ca e it PU C 26 ,Potash works. I fees for (~ert1ficatcs of occnpancy shall County, N~w York, at Southolrl High or more !amU1el or hOUlenol.d8, living ¡shown on the ~pped street& aha . .f1,,"A" nUIsance by a court,.o:, record. 27-Rollil1g mill. be establi.~hed by the '1'0\"11 Board. SChool, O'.t.ldawn AyenuC, SOuthold. in Independently of eacl1 other. lapply in.such Q. way Ð.S to ca.rry out SE~~,N~.tial SIDE ;:ARDS, S~?::ON 402- ,n . HEIGHT~ ,In 28-Rubbel' or gutta perella manufac- SEiO'l'ION 705 :1<"'01' each Application the Town of SOuthold, COunty of sur- 10,- OARAOE-PRIVA"l'E-A building {the r~ intent änd purposes of this In the A C'è':-:\n la~d AgrIcultural ¡the B Business DiStrIct, no buildmg ture. ,0r Appeal to the Board of Appeals as folk. and state of New York, on the used for the storage of one (1) or IDQ1"e OrClIn~ for the particular area in District, ..,the:r&~:i1'è{ ,)ß tw,o (2) Bide ihereaf~er erected or altered shall ex- 29-Salt work..~. . 'hereinnftt'r provided, there shall be a 31st day of August, 1956, at 3:00 o'clock gasoline or other pOwer driven vehiclœ quootiol'lJ yards, one (~è{t. ~.a<:h sIde of the coed fifty (50) feet. _ 30-Sauerkraut mlumfaoture fee of fifteen dollars ($15.00) accom- ' (EOOT) in the evening of :w.ld. duy. 1n owned and 'll.~d by the owner or ten..' SEO".t'ION 204-Where a. dÛitr!ot bullding's. thø;,~._~, _fi~~egl'e~ate of both! ßEC'rION 400 ,"B" BUILDING 31· Shoe blacking or stove poiish 111.an- pal1ying the Application or Appea1. the matt.cr of the adop;tion of a pro- lmt of the lot on which it is erected, ¡bOUnda.ry una divides a lot in a single sides to be ~~>~:~~~ aJ'd to (25) feet and AREA . ~n the "B" Business District. ~facture. I . SE("TION 70U-All pennas shall ex- posed zoning ordinance ".>! the saJd aIle! tor the stora¡c of not exceed.1ng îownerablp at the time of passage of no one (1)\'A;f:;:;"~'" be less than no bulld~ng shan be erected or altered 32 Smelting. pJre in one (1) year of issuance thereof, '1'ùwn of Southold, aß recommended to two (2) additional vehlclel (not tr'llCks) Ithi& Ordina.nce, the Board of Appeals, ten UO) 1'00_:1,.£ in lor used m whole or in part as a dwell- 33=-80ap manufacturc. ;the renewal ¡fee to be one baIt (%) the said Town Board hy the ZOning owned or used by others. fu hereinafter provided, may permit PROVIDdI;'t"':,~;,,; ~d se~le ease Of a I ing to exceed seventy (70) percent of 34·- Stqckyards or slaughter hOUBCS the original tee. Commis.,'úon of and for naid Town en- ll--GARAGE.. PUBLIc.. -A bUllding. the less rootricted use to extend to the lot held in A, ,- ".:" -. ,t arate owner-, the lot area. . (except as a special exception by the SECTION 707· For each proposed titled "Building Zone Ordinance of the other than a prIvate gar~e, used for! whole or any part Of such lot. ship at !he ~;"%~~;~', ~e~aie of this Or: SEO~?~ 404-flB" FRONT YARD- Board of Appeals as hercil1a.fter pro- ~ change of the Ordinance or change of Tov,'n o! Southold," a copy of which housing or care of !u,oline or other ARnc.x.£ Dr I dinance, of &'i'¡'~~"¡k:lf at han one hun In the n Business District. the re- vided). the Zoning Map as provid{~d by Section All ps.rtles in interest and cIt~ns vehicles are equipped for operation, re-- DWrlcí ~ twelve tho'WI ....~ . ,1 d und~ed (12,500) ¡ twenty-five (25) feet. 36-Structura.1 steel or pipe 'W'Ork.c;. I there shall be ~ fee of twenty-five 001- will be heard by the Town. Boa:rd at p.a.ired or kept for remuneration, hire SEOTION 300-In the "A" Jtealden- teet. a ~'ij;" ~'.:' wellmg may be j SECTION 405 Where property in 37 SUlphuric, nitric or hydrochloric 1ars ($25.00) accompanying the petition. the public hearing to be held as a.!ore- or sale. tial and Al1'ioulturnJ. District. no bulld- bUilt thereon;:1, J ",ld~ yards reduced the vicinity is partly built up with acid manufacture. i ART«:IJE VIII " said. 12 HO'I'EL--A bullding occupied as i~ 'Or prert1ißes shall be used and no tï!ty (50) per, " q de~l1en further re- . permänent buildings and an' average 38--Sugar refuling. Bcmrd of Appea.Js . PROPOSED I the more or less temporary ab1dln¡ building shall be herea.fter erected or duced as & fJ' ", s h~~;ion by the set.b~k line has been esta.blished, no 39 "Tar distillation or manufacture. SECTION: 800 The Town Board TOWN OF SOUTH OLD ,with 01' without mee,18 and in which I thllS Ordinance, except for one (1) or vided. ,. ¡~ " . fShall project beyond the line of the ufacture, sisting of five (5) members as provided SUfFOLK COUNTY NEW YORK . there are more than ten (10) rooms ¡more otthe fot1òwing usea: I SECTIONsL '~fi ~EAR YARD- average setback ~"established. 41 Tallow, grease or lard manufac-1bY the Town Law. An ordIna.nce classi!~ r lat lusua.llY occupied slngly And no p1'O- l-C>ne (1) family dwell1nJs. In the ·'A":, · i<JJ <111d Agricultur- SE~~;r 406- B REAR YARD- tura. SECTION 801-A ~'he Board of Ap- and restricting the bel~h:" n~ber n::: {vision made for oooking in any In- 2-Churches, øchooIs. UbrariN. al District, ", ." all, be a il"ear yard In the B Business District, if a build- 42 Tanning, curing or fSWrage of ,peals, may, in a specific case after pub- stœ1es, s1æ o! buUdln and other d1vidual apartment. 3," ,Non-commercial parks, plø.y- having a. ',. ~. depth of twenty- ing is used in whole or in 1>art as a rawhides or skins. lic notice a.nd hea.ring, and subject to stnJ. t th ~ fIt th t 12A ·AUTOUDaILE a 'grounds athle1ïi.c fields bathing five (25) ¡feeti~;,; .:r. dwe11ing. there shall be a rear yard 43-Tobacco (chewing) manufacture a.ppropriate conditions and safegu.a.rds c ;::œ, :ooÞ~cen 1 e t ods ad lAND ALL <:Y:I:':aER JUNK: Y lbeäches' bathhouses or bo~thouses PROVIDED~ d 111 case of a lot having a. minimum depth o.f fifteen or treatment, detonnil1e and vary the application oi. ~ i tl' d ty r ~~ Ithe storage ot old wOOd, paper, clothlnurseries greenhouses a,nd truck ¡ard- at the eftectl'Ø . o. this Ordinance, the CMe such building is over forty (40) 45-Yeast plant. harmony with their general pur~ ~:n~uroca a:~ ~d ~: ~eu in: or meta-I, including old automobiles, lening (d~ not Include farms for the ,h9.ving a tot~ : ~f l~ss than one ¡feet ,high, the depth of the rear yard And in general those uses which ~and intent as foUoWs: < g , . ee ., trucks, equi1}ment, machinery, fixtures !raising or breedIng of duc1t3) hundred (1001 .~.t /JIngle ¡family ¡shall be increased five (5) feet for are authorized M a spedal exception! B. VARIANCE POWERS. (MAT- dustry, re&denœ änd other purposes, ¡and appliances not UMble as orginal1y I 5-ClubS, fraternity houses and golf dwe1l1ng may, pt thereon with a each ten (1O) feet or fraction· therof by the Board of Appeals as hereinafter !TERS OF APPEAL TO THE BOARD (proYlded thät such regulations shanidesigned; and aJso including any por-, urses except where the principal ac_lrear yard. of 1· n twenty-fIve (25) ,which the buildillg' exceeds forty (40) provided 'OF APPEALS) apply to and aftect only such part of h ld to bile trucks ¡co · ' I h'·· I I 'f t in height SECTÍ If , I . tiona of sue 0 au mo 8 , UvUles are carried on as a busineß6. feet, w en au·;. . ,~s 3, spec a ex- ee. ON 501, , C' REAR YARD Where there are practical difIicul- the ~ outside the l1m.its of änY in- ¡equipment or machinery as are or may 6 Railway passenger stations. ¡ ception by th' ,d of Appeals as I SECTION 407 "B" DE1'{SITY or In the "C'· Industrial District. if a I ties- or unnecessary hardships in ,the oorpomted village), establiJShing the. be sold as and for junk or salvage. 7 ,AoooS$Ory bUildings, inclttd.iag one hereinafter pro . and PROVIDED, POPULATION In the "Bit Business building is used in whole or in ¡part as 'way of carrying out the strict Letter of ~undar:teß of districts for sald pur.. ¡ liJ LOT Land oooupied or to be 00- (1) private gara.¡-.e, when lOcated not turther that in.~ a:~,~aJl the rear ,District, no building shall hereaftt\r be a d~el1ing, ~ere sha.ll be a rear Yard 'thesè. regulations, the Board of. Ap~ þœe.s 80 as to promote the health, sMe- 'cuPied by a. buUdina- >Q.Ud it3 acces.tary ¡less than tlfty (50) feet' from the front yard be less th 11 ,n (15) feet. ¡ erected or altered to accommodate or havmg a mmnnum depth of fifty (50) 'shall have the power to vary or modify ~¿,,::o~~:Ol~e~~l r::::::bl:! oo~~ ¡bUildings tos..ether with sueh open 110t line or '9, private gara.ge within or SECTION 3 9-'~,-,'¡ACCESSORY make provisions for more than twenty feet. ¡the application of such regulations so 'd ti th thin to th spooes a.s are required under this Or- !attached to the dwe1ling. 'BUILDINGs-., thÓ:~' Residential (20) families on one (1) acre of ground SECTION 502-COMMERCIAL AD-that the spirit of the Ordinance shail m era on among 0 er gs e d' d h in its in' a1 front ' . - ".C . ti a1 be f I t d k bl f hi h th 1 d ma.nce an . av g pr Clp - 8 Uses customarily incidental to any and AgrlcuH al ~i t, accessory or more than a propor on num r 0 VERTISING BOARDS- In the "0" In- : be observed, pUblic safety and welfare ~ :: d~ t ~ ~e a or ~ :d . t ~ ~ age upon a public street or officiall~ of the above uses when located on the buildings mailoccupj:!. y (40) !per- families on a fractional part of any dustrial District, commercial advertis- secured and substantial justice done. () ~ ~{~li~ ~ tP ;' e 1\.þproved plÐ.ce. game lot' and not involvIng the oon- cent of the required ".. C'.. yard up to acre of land, based on the require-I iug boards shall not exceed six (6) feet I C. SPECIAL POWERS AND RULES pc ar au a y or 'Oar ICU ar use OT CORNER-A 1 t ituated at . ;,;.'!ì[ - , ad bo "" . -of a district the co'nserv~tion ot 1'0 _ ¡ 14 L - 0 S ¡duct of a separate business. This shan an average llelght of,,:".:,' en (18) feet. ments as outlm a ve. high by ten (10) feet long, the bottom, (MATTERS OF ORIGINAL JURIS- erty values ~nd the direction of :ull~- , the junction of two (2) or more streets., be understood to include the profes- The yar~ area al1o.::~% b! such ~- ¡ SECTION 408 COMMEROIAL ~~ of which shall be at least three (3) DICTION AND BY APPLICA'ITON TO ing development in a.ccordtulce with a! 15' -LQT-INTERIOR.-A, lot other 91-onal office or studio of ~ doctor, cessory bUJldings sh " ~:,. mcluded m VERTISIN~ ~OARDS ". In the B feet from the ground and 8? placed. as THE BOAIID OF APPEAI.ß) , well oomddered plan a.nd aJSO to estab- than a comer lot. dentist, teooher, artist, archItect, en- computing ,the percet1J'J. Aif of lot area !3UBiness DlStl'lct. commercial advertia- to be at lea.it five (5) feet dIstant from i (I) Whenever a use, or ,the location lish penaltIes for violation of these 16-LOT-THROUGH-- An interiar lotgineer, musician, lawyer, ma~trate or to J&e bUilt upon,_:i~fPROVIDED ~g boards shall not exceed six (6) feet all street and property lines, thereof, is permitted only If the Board regulationß as prescribed by the sta- having frontage on two (2) streets. practitioner of a similar char~ter or furtl1êr tha.t no buil'..~c~iaf any kind hIgh b.y ten (10) ¡feet long, the bottom SECTION 503 "0" F~NT YARD- of Appeals shall ~ppl'ove thereof, the btta. ¡ 17, LOT LINES-The lines bounding rooms u.sed f,or home occupatIons 1n- or nature .shall be" _,,;Ywithin three: of wrnch shall be at least three (3) In the "0" Industrial DIstrict, the re- t Board of Appeals may, In a apeclflc TABLE OF CO .a lot ßS defined herein. ,eluding dressmaking, millinery or 8im!- (3) feet of any lot l',,~~ri ¡feet from the ground and so placed as quired front yard s~laIl be at least case :and 'a~ter notice and public !hear... Sbori Title _ Section' 18 -NON ... CONFORMING USE A Iar handicrafts,' PROVIDED the oftice, t SECTION 310-0Fl¡t~": . ¡P ARK- to be at least five (5) feet distant from thirty (30) feet, provIded further that lng, authorIze such perm.1s.c;ive use and Article. 1 Definlt1ôns. 100 building or prexniEres oooupied by a us~ studio or occupational rooma are 10- :!NG AREA, In "A"~::~~ dentia.Ì and all street and property lines. where property is bounded. on any ,side ,its, location within the district in which Art1c1e 11 DlBtrlcts 200 that døes not confo~m with the r~ ca.ted in a dwelling in which the prac.. . Agricultural Di6tricts,ff¡ ~":~&u11ding shall, SECTION 4{).g _uB" SIZE 01" LOT-, by a railroad right-of-way or on a rear, thl8 Ordinance specifies the permissive Art1cl.a m "An Reß1dential and ~latoim of the use dlSwt in which It titioner resides or in a building accoo- tbe hereafter erecte«* altered 01' AREA ~n the "B" Business District'l1ine by a railroad right-of-way, there use may be located, subject, however to Agrlcu1f;ura.1 District 300 ,is situated. . oory thereto, and PROVIDED further, added to in excess of :'ii (50) percent no bulldmg shall be erected or altered' shall be a setbRlCk along the entire the following: A.rUcle IV "B" Business District 400 19 SETBACK Œ'he minimum hOfl- na goods are publicly displayed on the ~ 'Of its area prior to "k ..' adoptian of on a lot 'Of an area less than seventy- length of such railroad right-of-way! (a) Before such ,approval shall be A.:tt1cle V "C" Industrial Dlstrict 500 zontal distance between the street or prem.1seß and no sign or advertisement this Ordinance, unl'~~iot less than ;five hundred (7,500) square feet or or private right-of-way of at least given, the Board of Appeals shall de- Article VI Tourist Camps, 08.mp lot line (front, side, or real', as the is shown other than a sign. not larger ~ one (1) parking Spltc}' i- each family upon ~ lot having a frontage of less thirty (30) feet. . termine: Oottageð and Trailers 600 case may be) of the building 'Or any than two (2) square feet in total area, I unit therein shall be': _'~V1ded for. For than fIfty (50) feet. " SECTION 504 "C" SIZE OF LOT-! (1) That the use will not prevent Art.iclð VII Appllcations and Pe.r- projection, thereof. excludIng steps, bearing on1y the name and occupation I all places of public ':<'~:. ay including SECTION 410 ' OFF - STREET I AREA --In the flO" Industrial District, the orderly an~ reasonable UBÐ of ttd- mits 700 dþen terraces, and bay 'Windows not (words only) Of the practitioner. lauditòriums, churches~'·":, slmllar pub- P~R~ING AREA ' In fiB" BU6inessno building shall be erected or altered jB;Cent propertIes or of properties in Arft'Cle VIII Board ot Appeals 800 projecting more than five (5) fee.t. _ 9-The sale at reta.ll 01 farm garden . lie gathering places e.(fIIl, there shall DIstrICt, no building shall be hereafter on a lot of an area less than twelve adjacent use districts; Article IX Amendments 900 20-8TORY ,That portion of a build ,or nurse.ry products produced on the. be provided not less tbÎI~~e (1) pa.rk- erected, or altered or added to in ex- thousand five hundr~ (12,500) square! (2) 'I"h:at the use will not prevent Arl1cle X General Prov:l.sions 1000 ling included between the surface of ¡premiges or of animals raised. on the ing space for each sev.'" permanent cess oi fifty (50) percent of its area feet or upon a lot WIth f\ trontage of tbe orderly and renso'nable UBe of per- w::EIEREAS; all the matters and any floor and the lurface of the .floor premiseß. One (1) adverti.si:ng' sign or seats in such build.:nr for each prior to the adoption of ti;is Ordhlance, less than one hundred (100) feet. !mitted or Legally established uses in things requ.ired to be done by the Town next above it or if there be no ;floor !signs not exceeding twenty-four (24;)' part of the t<:>tal a.II't~ithin such unless a niinimum provJSion for off- SECTION 505 OFF - STREET the district wherein the proposed use 13 La.wof the Sú.te of New York in order B.bove it, then th~ space between it and square teet in total area. advertising building or structure '~~~I or may be street park.i~g shan be made as follo,:,s: tPARKI~G AJ:'tEA¡ In the "0" Indus- ,to be located or o.f permitted or legally tbat the Town Board of the Town of {the ceiling ~xt above it. , 'the sale of farm ga.rden or nursery made available for s :" ~(7) perman-I (a) HospItals One (1) parkmg' trial District, no building shal~ be establishes uses m adjacent use clis- SOuthold, Su.ffolk Oounty, state of New 21-8TORY A aoory under a products produced on the p:::-em1ses or ent or temporary Be ." -~;:trhe formula space for every four (4) beds. ! hereafter erected or altered or added tricts; York, may avail itself ot' the powers ga,ble, hip or gambrel roof, the wall of animals raised on the premises. for ,providing an alllate parkihg: {b) Theatres-One (1) Parking space tb in e:x;cess of fifty <5?) :perce~t of !~ (3) That the safety, the health, tlut ootderred by said ls.w have been duly plates of which, on at leMt two (2) l0-0ne (1) real estate sign not area is an area of thrall1mdred thirty- fDr every (7~ seats. I area prior to the adoptIon of thJS Ordl- . welfare, the comfort, the co~venience oompU.ed wIth. ! oppOeite exterior walls, are nDt more larger than twelve (12) square feet in four (334) square feet . required mo- I (c) Dwelmgs One (1) parking. nance, un1ess Q minimum provision for or 'the order of the Town wlll not b& NOW - RE, the Town .Board than two (2) feet above tht finished, area on anyone (1) or more lots, ad- tor vehIcle unit . 1J;::t . I space for every dwelling unit. ~ oft -street parking shall be made as adversely affected by the proposed U5G of ti:1e Town of aouthold, SUffolk Coun- floor of such story. 1vertising the sale or letting .of only It' I :1,· :~.'c""-'~ t (d) Hotels, One (1) parking sptWe follows: ( and its location; and . ty, state o£ New York, by VirtUe ot 22-STRUCTURE-Anything construc- j the premises on which it is mamtained , to A ~.; s ',;;: for every two (2) rooms. (a) All buildIngs where the gr9und· (4) That the UBe wlll be in har- hereby ords.lm and enacts the follow- quires a more or lem perma.nent 10- ,ftont yard distance and not less than ist r :oniI .... 13 Business such as auditoriums, ch1ll'Ches and for I (2,500) square feet One (1) parking purposes and intent of this Ordina.nce. ing o1'd1.nance. cation on the soll, or attached to some- ten (10) feet from each side line. D ric, no u d ng - :; emlses shall similar uses One (1) parking space space fôr each t'W'O hundred (200) I (b) III making Buch detennina.tioB, SECI'ION 1" ,This ord.1n8.nce shall be thl..ng having a. pet'nl8I1ent loc9.tion on ¡ When the .a.dvertitshtg s1gn is for ihe ~~Bed, a~~ no bUi~d.. ¡ hall be here- for each seven (7) pennanent seats or : square feet of building area or fraction the :sœr~ of Appeals shall also give known and may be cited as "The the oolL ,purpose of seijing or leasing of acreage, a is r eree ~ed or ath~r; Un1esa other- an area equivalent to seven (7) :per- ,thereof in eXcess of two thousand five corunderatIon, among other things, BUlldlng ZOne Ordinance of the Town UO'I'UR.AL UTERATIONS or the se1llng Of lots in a subdivision, w e provl in.? _~ dlnance, ex- manent seats. hundred (2,500) square feet. ,to:' " York.ø of a building, rmch as bearing wal18, of not more than twenty-four (24) lowing ases.. . ,¡~;:~ living quarters are providèd over the One (1) parking space for each seven and probable development o! USC6 bL ARTICLE I 'columns. beams or girders.' squAre feet, will. be permitted on each 1-Qne. (1) famIly 0< " (2) family first floor, an additional space shall be (7) permanent seats or an area. ec¡uiv- the district and the peculiar suitltbillty SEOTION' l00--Def.initlons--Por the \ M-Y ARD-An open space on the flve hundred. (500) feet to one thou.s- ~wel:r;:,;, ~'I;tltj¡ple .' _<' ily dwelIinga provided for each office 0'1' for each alent to seven (7) permanent seats. of such district for the location of any P'UI'¡)OJe o! t.h1f¡ Ordtna.ncð oetta.in same lot with .. b\tildln¡. unoccupied and (1000) feet ot frontage O'n the pro '.. a" I~~.e . ts as are out- dwelling unit. I (0) All structures where offices are of such pennWsive u.sea; t:.enn& ø.nd worda are, hM'ewtth. dElfine<1. 'A.nd uMœtructed from the ground up.- highway or highways on which the lined in A It ;~,; :al ,and Agricul- (g) All other business bulldings provided over the first floor ' An ad-· (2)· The conservation of property M foUows: ward exœpt IS otherwise provided ¡property frontts, PROVIDED saId mgn turaJ District ,<mpl1ed With). where the ground floor area. is in ex- dltlonal parking space aha.ll be pra- values and the encouragement of i2ha WordIJ tUJed in the present tense m- heroin. is Bet back not I:ss than the front :yard u ~t AU permit .: "C3 aø outlined in ceæ ot two thoumwd. five ~undred vided for each office. most appropriate. uses of land; chtde the 1't1ture, the singulAr number! .25-FRONT YARD-The required restrictions reqUlred and not less than A residential .'" ~AgriculturaJ. Dls.. (2,500) square feet One (1) parking The formula for providing an ade-I (3) The e:tTect that the location of fne1u.d.ts tbð plural and the plural the open space extending along the street ten (10) teet from each side line and I trlc:~?Þ .' space for each two hundred (200) qm,.te parking area i6 an area of three the pro'poBed use may have upon the slngular, the word ubuilc1.in1" 1ncludðs line of any street on which the lot the bottom of sign be placed not less S. ~otels,. ; ., ~ot{)l lôdges, square feet of bUilding area or frac- hundred thirty-four (334) square feet creation or undue increase of vehicular the word "structure", the word "lot" abuts. than three (3) feet above the ground. boardmg houtreS . ~ ~8m1l1a.r eatablish- tion thereof in excess oi two thousand per required motor vehicle unit. ! tr¡:µTlc congestion on public streets or inc100eIJ the word "plot" and the word' 26-RJl:AR YARD-The required open If the property should have a frontage ments, (' , fIve hundred (2,500) square teet. I ARTICLE 'VI ¡highways; "shall" is mandatory And not d1r~tory {space extending along the rear lot line of lC83 the.n five hundred (500) teet, ,( Hospitals '.~ mc.s, other than The formula for providing an a.de-: Tomist Camps, Camp Cottages (4) The availability of adequate and 1 Y BUILDING . A· (If.ot a. street line) throughout the the øign permitted shall have än area ¡ those for infect ~>4 .1' contuglous d1&- quate parking area. is an areø. of three and Tra.fIers proper pUblic or private facilities for , bu11di:ng, øubordina:œ to the main bulld- whole width of the lot. of not more than twelve (12) square, eases, or inSant'f : menta.l hundred thirty-four (S34) squa.re feet .' SECTION 600 ,. PERMITS RE- I the treatment, removal or discharg-e custoIWJrllY Inc1dental to thœe of the spQœ extending along the side lot lines apply. , 5-01Tiœs,. .. .~, "inal1cial lnstitu-. ARTICLE V tabhshed, maintained or operated in (whether liquid, soUd, gaseoUB or oth.er- main bulld1ng. from the front yard to the rear yard. SECTION 301 'IA" HgrOHT -In tions, telephönOi1i!§, " ph, gM or elec- "C" Induøtrlal Dlstrlet any district, nor shall any tent, tent- wise) that may be caused or created ,2 AN ACRE " " An l\.Ct'e as e,ppUc- 28--SIZE OP LOT-AREA The area. the uN' Residential and AgriculturlÙ¡ trI~~~eS8. :·.l I SECTION 500--In the "0" Indwstria1 ho~se, c~mp-cottage, hotl6e-car or by or as a result of the UBC; able t;o this Ordinance shall refer to of a lot shall be the total area mea.s- District. no building, herea.ftæ erec-· 7. .PIae ea.,. D.lstrict. all bulldings ø.nd pJ:eII1lses. ex- traIler, to be used or oecupied as a! (?) Whether the use, or materials the 1An.d exclusive of street areM. ured intdda all of its boundaries. ted or altered. shall exceed thirty-five lea of ~~ent. cept M otherwise provided in this place for living, sleeping or eating, inCIdental thereto, or produced there- 3 BOARDING AND TOURIST ARTICLE II (35) root or three (3) stories. , 8 Restauran~~t.ery shops, con- Ordinance, may be used tor any U$e whether charge 15 or is not made, be by, may give off obnoxious gases. odora, HOUSES. A building other thß.n a hotel Diatriw. ' Except public or semi-public buUd- ~~~tlonery or ~~fr!~ìJ.m shops or fac-. except the following: erected or placed therein, unless au.. . smoke or soot; where lOOging, with or without meals. SECTION 200-USE DISTRICT fuga may be- erected to a height not ie8. . éif:Jf[';.- . I-Abattoirs (except M a. specl&l ex.. thorized by the Town Board 'Pursuant. (6) Whether the use will cause dls- ;tor aix or more persons 1a furnishad. REGULATION8- For M1e pu.rpœe of exceeding fifty (50) feet when set back 9 Public ga1!lIrJlr automobile ser- ception by the B08J;d of Appeals as to the provisions 'Of the Tra.iler Camp turbing emissions of electrical dia- for compeI18a.t1on. . this ord1nance. the Town of Bouthold, an additional six (6) inches on aU vice stationl'J~::'Jf,proV,rd RS a spec- hereinarter p.rovided). Ordinance da-ted Jun~ 30, 1953.' I charges, dust, light, vibration or nDise; 4, BUILDING. A structure having outside Of the Incorporated Villages, sides for each foot such buildings ex- ia1 excltption ~),'dè;;BOI'U d of Appeals 2· Acetylene gas manufacture or gaa SECTION 604-Article VI shall not (7) Whether the operations in pur- a roof supported by wa.lls and when is hereby divided into thr~ (3) cl.uses ceoo the heIght of thirty-:flve (35) feet. as hereinafter ~d, manufacture from coal, coke, petroleum be deemed to apply to the temporary ~uance of the use wiH C1\use undue sepan.ted by a ¡party wall without of districts whIch shall be designated SECTION 302 ·~·A" BUILDING 10--Storage h.; stables, express, or from any other product or the stor- or seaeonal camp of any unit nf the mterference with the orderly enjoyment openlnga, it shall be deemed a aeparate as follows: AREA""In the flA" Residential and ?arting or ha.Fice(j or t'ltations, age thereof. Boy 6coutð of America or the Girl by the public at parking or of recrea.- 5 ,BUILDING AREA .' , 'I11e aggre_ TURAL DISTRICTS &rea shall not exceed twenty-five (25) and Bäle ot coal'IP;;1It,1ildlng materials. 4 Ammoni.a, bleBJChlng powder or ganizatlons under the leadership pro- posed by the Town or by other com- gate ot tb.ð muimum horizontal croaa HB" BUSINP.ss DISTRICTS percent ot the total lot sn-ea.. ll-NewBpaper QJtP or job pri.1Üing, chlorine manufacture. 11ded b1 said Ol'ganlmtlons respec- petent Governmental agency; section area or the blfildlngs on a lot, "0" INDUSTRIAL pI8TR1CT8 SECTION 303-"A" SIZE 011 LOT-' book binderieÐ. .~~eø. dry eleanIng 5 Arøentl.l. Uvely. , (8) To the necessity for bituminoua exclt1ding cornices. eaves. gutters or SECTION 201 rrhe boundaries of AREA -In tho "A" Re81dent1aJ and, or dyeing, unð9g et}tabl1shmente. ($ AøphAlt rnanufMtm:e. ARTICLE VII surfaced spa.ce for purposes o.f otf- cb1m.neys projecting not more than said d.istricts are. hereby estabUsheã Agricultural DiBtrlct, no buildlni shall ¡ l~reameq,c"..r or cheese 7 BJ&at furna.ee. ,Appllaø.Uons and Permits street parking or vehicles incidental etgh~ U8) Inches, steps, one (1) t as Shown upon the Bußding Zone Maps be erected or aJ.tered on a lot of' an making, milk " . ;?;b%~ or díMiributlnlf &-Oement, lime, gyp6U.D:1. ur plutcr mroTION 700. It ~ be the duty to the use, ~d whether such space :is to . h b wind t hi h ptU1 and w1ú h With äJl arœ less th8Jl twelve thO'llB\1Uld fiVð stQt1ons..¡ '¡'~'Ç of PUÚI mJ.nufa.cture. ,of the BuUding Il1SPCCtor, or such per- reasonably adequa.te and appropr1a.t, s ry open pore ea, &y OWS, no W' c a.ccom y c , . t 13-8h ! .. ,--$::,. bers I Ð-Ooke' son as des1gIlßtéd b th T BGftrd d be extending *hr'ough more tluul one (1) notations, references and 01tl.er mAtter hundred. (12,500> square t~t. or upon. oþS or ~tenJ, plum, ovenø. ¡and h 13 her Y e own . ,an can furnished by the OWDa" story And not rajootin more thAn, shown thereon are hereb declared a. lot haTing a trontage ot leis tbM blac.k8mitha, UP~en, olectrlc1l.ns, I 1 atoriea. ¡ e ebT given the power IU1d of the plot sought to be used wit.hút fl (8) f t ~l 1 g nd terra t be t f this' 1. if th one hundred (100) feet. · t.inmnltbl, t>aPØ '.ngers, p&1ntcrs" 11 P1øtlllation of bon.. authority to enforce the provisions of or adjB;Cent to the plot wherein the ve _ oe , con ell a ces. 0 pM',O , AS e, SECTION 304-"A!' PRONT YARD- t&l1oflJ, dr~~; n:úlUnN1 Ihop, 1~ Dwellings, all type'll. thk¡ ordinance. use stmn be had: (;; BUILDING HEIGHT " The Ter- :mAtters ..~ t~ga ~ i= hb7 efnsaJdIl1 the "A" BetJldentia.1 and ~r1cu1- øhoemakerl, jeq~t watch and clock 13--BxplosivOl, mMufaeWre or nor... SECTION 701" 'The BulldiDg Inspec.. (9) Whether 9. hazard ~ Ufe 11m. ticle distance measured from the eurb map were 1 r er. t ù t~'·' tor ßhall require that th lie t pert , SECTION 202-l'fo bulldlng shan be' tttral District, tho reqUired front 1ard m era, OJ) 'á,.~' ì mUsical or øc1e-ntu1o ~e. . e app a ion or pro y becaU86 of fire, f1ood, level to the highest poin' of the roof _ shall be at least thirty-five (35) feet instrumenta,., lttirnttJs and ather 14 !Pat r.ender1ng. lor a buUdini permit and tho accom- erosion or panic may be created by surftWe¡ if a fIat roof, to th,e deck line erected, altered or t1IJðd. and no prem from the ¡street line. . trades or ~~'G. imllar grade. 15 Perlili2Jer manufacture. 1JQJ1ylng ~lot plan shall contain &11 thð reason or as a result of the use, or of a. roof. and to the mðän 1lres shall be used tor any other th1U1 a. SECTION 305--Where ro in 14-00mmarer.:~doc~B piers, ferrT 18-PkeworkB manufacture. information necessary to' eJ:lAble him by the struetures to be used therefor, ~eight level between eAves and ridges purpose pe~tted in the zone in which the Ticfnlt is artJ mJ:t ~y with BlJ.ps. tan:y ng. ' 'Üna' stationø, 17-Qa,roo.ce, offal or dead antmllJs, to ~rta.ln whether the proposed or by -the inacceælbility of the prop- for So gable, hip or gambrel roof PR0- such buildmg or premises ig looated. manent y bUlldin s Yand an ~v e boot yards, b't:1Ih.~ .rWttnd tennlna18. reduction or dumþi~ (except M .. bulldmg oompl1e. with the provliions erty or structures th.efeon for the C011- . VIDED thAt chimneys, øpires, towers, SECTION 203-The boundaries be- J::"tb6.0k line at mo~ or leSl than t~ 15 A:n.1 man ";<.~~ , fabricating, 8PðCial exception by the Böard or Ap.. of -U;ia Ordinance. venient entry and operatoin of tire aet elentor penthouses, tanks and BImular tween districts arb, unless otherwise five (35) feet hAs been e&tab1.1Bhed, no treating, convert.fi:ll~:'. iSt1!ng, alterIng peals u hereinAfter provided) . SE.CTION 702 No bUilding permit other emergency apparatus or by the projections shaH not be mehlded in indicated, either street linðt, ra.ilroad (ill fte red lte eel or Mð£mbl1ng in ,I.. tlon with tho 13-Glue. size or gelatinð man'd.ac- ~ll be lMued until the Building In- undue concentration or assemblage of , , . f h 1in xte ded bull ngs herea l' eree or a. r , ," ec te h rtift d th the height. For building set back fram Dghts-o -wa1 or we cs en. shall r~ ect be ond the Jine of the aforesaid permit 1\nd which iJ! ture, . s}>t:c r as ~e e at the proposed persons upon such plot; the street line and where EO curb ex- or lines parallel thereto 'Or bounda.rIeB 1> j Y t blished a neœsaary inelden : d aecesoory to 19-G'lIDVOwde.r manufaot1Jt'!e Dr sto;r- building or ßdditlon complies with nJl (10) Whether the use or the atmo jsts. the height ma;( be measureå from 9~ subdivisiOIlS. ~ere figures are,av;~~I~~:-:':S: of a. .~mer the preparation of ¡{ "11'9 to be fíQld 1\ge.,~ bile . an th~~~~~~ Or~ina~~e. turea to be used. ther~for, will ca~ .~~~, . ',,,i,:" '.,~ . ~4;..~'. ,....':. ",' ~~.' .",' :·"éÍi~!.'·~"'"' """,'. .~"-" :1,._.. '.' .,,:~ ~1!J~~.1tð;.;;" ~'·~,'Q'f'm~.~~a1'llY on the seø or t.o the 191\ Antomo d$ ~ Q~' mil" to t1ilð~~n wm Þo ~.... II!.Ji1, ~Q.m~;Ø~~~.,~~.~ "c'''f~'''~ ,-......~X;'ë><-"è~'f,~ '~'.~f'Í't>;?j'J5~c,'¡¡;~~·t~,,..c,, ,-·è" ;""¡iftf'~'~b "f:XItiiia~¡~; ~of~brd1nancè. ~ ~t :mrdþerfon:nID¡¡ vi' a. 8~rvio prlmMily for other junk yal' ~ .: th P me Gtng'ðf wOt'k øtJn~m~Qf POpgtfðn; . ".a:~.;'~~ ~e~~~~;:'.~, ~~. ~;w~-~: 'thø ~eßt 1lnê $of¡ Q¡ahallbö requ1réd; aame to be on f1 line resIdents of the nelgh1x( ood. 20 O~lc1oth or lmoleum. manufacture. !O1' " e erection or äd~ltiOllß t:o a.U r~s1- (11). Wh~~ thê plot li\1'ea 1$ 4mf- e\1piede;¡rolÚ8ive1y þY ~e (1). 1a~~ ; .' .', .. '. .' ~ . _.~teð. When _ the with tM aTemg~ setback linß8 Q'n both 16 Aoooowry 11M on~. he æme Jot 21-011ed. rubber or leather manu!a.c-, :lenec, bu.aineBi ar:d mdUßtl'lal build- ficient, a.ppropriatlt and adequate :for S D'. G-'.J:'WO :PAMJ:L"Y"¡& 1cHmtlon (),f a~œ bounð4t1."y line stroots produced to a point of 1nter- ith and customa.:lIy 1né t 1 to ture. mgs. Ae~€&.<;()1"Y bUIld!ngs including all the use and the reasonably antidpated ~$d or 6eml-dt'iro~ is not otherwise determined. it shaU 800t1tm änd it no average setback. hM of the above Þerl~itte<\ "en a any 22-Ore reductIon. types of farm huildîng..c; except migrant operation and expansion thereof; ~ d~ for m: ~4~Wll"'é1y by be determined by the scale .of the mAP beén .tabJ.ls.11eð. then ä front jnrd.. SEO'IIION 401. -No 8~ may be 23---~nt, 011, shellac, turpentine or camps do not require a pernùt proY1de6i (Continued on page 4) , ~ , t~ . %t ~~ ,. .. " .. . . " '-~<AU 'l'.ffm S't1'JTOLK TIMES n,m" ,.. GU " -'. ,¿:..~\..}~~ ST 24 1956 P T , ," ,..". ..' , ... _ - - J age en - . ~ -" '"" ," ; (COntInued from. page 9) In the "AU Rèsidential anC1 Agr1c~ jShaI1 project ~nd. the 1111e of the :-: ~ or ~~;i;"'" g num· SECTION 800 . The Town Bonrd guards as outlined, authorize the, gra.nt- motor vehi~les and no gasoline vending . al District, there shall be a ~ea.r yard average setback JO" ,ac 8. _~~~~../ tnan shaU appoint a Board of Appeals can- ing of a permit. ßtation shall be ere<:ted or aJtered and grounds, athletic fields, bathing hav1ng ~ minimum depth of twenty_, In S~~~N 4OB-"B Dm Y: 41 Tallow, grege 'f~ll utao- sisting of five (5) members as provided (a) Where a district boundary 11ne di- used within two hundred (200) feet of beaches, . bathhouses or boathouses. five (25) teet. in e B BWd.n.eIM DJstriót, If a. ture. ~~~~:¡tØ"i: stora e by the Town Law. vtdes a lot which is proved to the satis- any premises used for a pUblic school, 4 A~lcultural farms, poultry farms, PROVIDED <MuLt, in case ot a lot d:el~ used in who1ð or in plU't as ø. 42-Tanning, curlnl~;~;~"",j;: g of SECTION 801-A The Board Of Ap- faction ot the Board of Appeals to have publ1e library, chU1'ch. hospltal or or- nu:serIes, greenhouses and truck gard.. held 1n slngle and separate ownerabip havin ng, there 8ha1l be a l6ar yard rawhides or s1dnø. .;c:;~:¿~ Q.nufa.c peals. may, in ß specific case a.fter pub- been in sing~e and separate ownership phanage. mlSmg or breeding of duc1œ) hävIng a total depth of less than one the CM: ;u~ROV!DJtt) fUrther. that, ~ or treatment. ., .~';~ . ':' a.ppropriate conditions and sa.fegua.rds, and the total area of which lot has PLAOES No public parking place 5 Clubs. fraternity houses and golt hundred (100) feet, a. aing1e tarnilyl1eet hI h h buildhtg is over forty (41) 44--Vinegar J.t1Ø.ð); . IlL 'f detannlne and val1' the application of not been diminished or increased since shall be conducted in a.ny district ex- courses, except where the principal ac- dwelling may be built thereon With a.' shall ~' i~e depth of the rear yard 45-Yeut pl~t. Fi'i1z' . iu&eö h the regulations herein established m such date, the less restricted use may cept as a 6pemal exception by th& tivities are carried on as a business. trear ~d of less than twenty-fiVé (25) each ten (1~~e~~ five (6) teet for And in. general , ..' '.. exe: JCh harm~ny with their ~enera.1 purpose be adjusted to extend to the whole or Board of Appeals. 6 Railway passenger stations. feet, when authoriZed as a special ex.. which the b\tildi ~~ traction therof are ø.uthorlœd as a ,;i" ¡herein~f~n and mtent as folloWs. any part of such lot but not more than SECTION 1006--0n any corner lot, (1) private garage, when located not 'hereinafter provided and PROVIDED J SECTION 407 uB" DENSITY OF pr: N 501,. '(Ø"'~' ',' YARD- ¿:R~~; APPEAL TO THE BOARD line of the use distrlct in which saId be erected or altered, and no hedge, less than ¡fifty (50) feet from the front '¡further that in no case ma.ll the .rear POPULATION In the fI ,. ~" . . .." ~·trict, if ALa). lot is loc.ated.. tree, shrub, or other growth shall be lot line or So private garage within or' yard be less than fifteen (15) feet. IDistrict nobulld1nrr shall ~ Business In the 0 Iud ;:' . in p t a Where there are practical difl'1ðUl- (ob) If the less restrlcted use shall maintained which may cause danger attached to the dw 111 I t d' ~ ' eréQ.fter be building is used In VI ill' . f ar 88 ties or unnecessary hardships in the be extended ten (10) feet or more to' traffic on a street by obscuring the 8 Uses customaril e ;~d t 1 SECTION 3Q9-IIA"" ~CCESSORY i~ e or altered td a.econunodate or a. dwe-11ing, there~. '.' rear yard wa.yof carrying out the strict letter of within a residential use dL.'itrict, a view, minimum of twenty (20) feet. of the above uses y c en a to anY,BUILDINGS-In the A Residential J e provIsions for more than twenty haVing a mi11imU1n," ,1lfty (50) these regulations, the Board of Appeals permanent open space for a rear and SECTION 1007 " - NON-CONFORM- t;a1Ile lot and no when located on the ¡and Agricultural D1str1ct, acceB80ry i (20) families on one (1) acre ot ground feet. ;è'~ . sha11 have the power to vary or modify side yard of not less than ten (10) ING USES-The lawful use oJ a. build- d t f t t involving the oon-,bul1dings may occ1.ij>Y 10rty (4() per.. ,or more than a. proportional number of SECTION 602-C ...... .' IAL AD_ the application of such regulations so feet shall be provided for and maln- lng eXisting on the effective date of ~c u::. ~ separa e business. ThJs Shall. cent of the required rear yard up to I fam1Ues on a f~!.Wtional part; of any VERTISING 130 ';L:~ {e "0" In- J that the spirit of the Ordinance shall: tained within the lot area as so ex- this Ordinance, or authorized by a elonal d~;;ood to include the profes-, an average height of eighteen (18) feet., acre 01 land. based on the require- dustrial District, 00 .~~ "advertis- be observed, public safety and welfare tended. Also' in such event, if the less building permit issued prior thereto. n ce or studio of a doctor, The yard area allowed by such a.c- ments as outlined above. ing boards shall nO~.·;i¡)X (6) feet secured and substantial justice done. restricted use be extended more than may be continued although stIch use d~ tist, teacher, artist, architect, en- ¡cessory bulldú1gs shall be included in I SECTION 40S-00MMEROIAL AD- high by ten (10) fèltt,:?i.\ lthe bottom C. SPECIAL POWERS AND RULES. ¡ ten (10) ¡feet, the said minimum rear does not conform with the provisions g l' ee:, musician, lawyer, magistrate or: computing the percentage of lot area VERTISING BOARDS In the liB" of which shall bé I!Ji' three (3) CMA'ITERS OF ORIGINAL JURIS.. ~ and side yards shall be increased by ,of this Ordinance and such use may be p actItioner Of. a similar character or to be built upon and PROVIDED Business District, commercial advertis- feet from the groUt\l¿ .! plaCed asDIOTION AND BY APPLIOATION TO one (1) foot for each additional ten extended throughout the btúlding law- = ~~:r home oc.cupations in-. further that no building of any kind ing bpards shall not 6Xceed six (6) feet to be at least five (~t~~ 'r tant from TIŒ BOARD OF APPEALS). I (10) feet of such exten.sion. fully acquired previous to the st~id date. g aking, millmery or aim!- or nature shall be bUilt Within three high by ten (10) ¡feet long, the bottom all street and pro~' (I) Whenever a. use, or the location' SECTION 802 The Board of Ap- A non-conforming use of a buiJding lar handicrafts, P~OVIDED the office,' (3) feet o! any lot line. . of which shall be at least three (3) SECTION 503-"0" " YARD- thereof, is permitted only if the Board peals shall make rules as to the man- ,may be changed to a use of the sa.me studio or occupatlOnal rooms are .10- SEOTION310-0W-STREETPARK- feet from the ~d Iß.1ld ao placed as In the "0" Ind~1;~,; ~ct, the re- ,of Appeals shall <approve thereof, the ner o.f fUing appeals or applications ;or higher classification according to c~~ed in a dwe1llng in which the pr!W- ING ARE In IIAIf Residential and to be at lea.st five (5) feet distant from quired front yard,==~ ; at lea.st I Board of Appeals may. in a specific for special exceptions or variances. ; the provisions or thl,> Ordinanee. ltitroner. resides or in a building RCCes- Agricultural Districts, no building shall aU street and property lines. thirty (30) feet, pro\t,,,, ' ther that ¡ case and after notice and pUblic ihear- 1 SECTION 803 Upon the filing with I Whenever a districb Bhall herea.fter be sory thereto, and PROVIDED further, 'be hereaiter erected or altered or SECTION 409-;;-1f~" SIZE OF LOT- where property is bø _, any side ling, aut?orize Buch -permissive use and the Board of Appeals of an appeal or: changed, any then existing non-oon- no g~ds are pUblicly displayed on the I added to in excess of fifty (50) percent AREA In the B Business District, by a railroad right-ot-. .~ Ol~ a rea.r ; it6 locatIon within the district in which. of an applicatIon for special exception \ forming use of a building in such prenuses and no sign or advertisement !of its area. prior to the adoption of ¡no building shall be erected or altered line by a rä1lroad rill!, ~. ay, there ¡this Ordinance specifies the permissive or variance, the Board of Appeals shall j changed district may be continued or :is .~hown other than a sign not larger I this ordinance, tl11lesð not less than: on a lot of an area less than seventy- shall be a setback ,e.1 ,~~ entire; use ma.y be located. subject, however to' ~1x a time and place for a pu\i)Uc hear- changed to a use O! a. similar or higher than two (2) square feet in total area, ,one (1) parking 6Pace tQr each ¡family five ~undred (7.600) square feet or length 01 such l'allroa' : t~of..way the following: mg thereon and shall give noUce there- classification, provIded all other regu- bearing only the name and occupation nn1t tbereht B:hal1 be provided kJr~ Pol' upon a lot haVini a tron~~ 9f leu .or. priva.te ~t-Qf-W .' ~'o.t least I .(a) Before such approva.l shaU be of as follows: . ~lations governing the new use a.re com- O The sale at ~etail of farm garden I auditoriums, churches and similar pUb--1 SECTION 410 OFF.. .., STREET SECTION 504-"C" s~zm'.¡ "',:;;"~' QT.. termine: ,in accordance with the ToWn Law. f mg ~se 'Of the build!ng has been dif¡- t>rn:u-sery products produced on the llic gathering places erected. there shaU: PARKING AREA: In B' Busine&S AREA In the flC" Indust~"LN rict, I (1) That the use will. not prevent ARTICLE IX. contmue~for a perIod 0: more than prenuses or of animals raised on the!be provided not less than one (1) park-I District, no building sball be hereafter no building shäU be erected -", ,;;~, red 'Ule orderly and reasonable use of ad- Amendments !,two ,yeaI~, or changed to a higher pl'em.Ú)es. One (1) advertising sign or ling space .for each seven (7) pemanent I erected, or altered or added to in ex- on a lot of an. area less ....,\ lve jacent properties ar of properties :In I SECTION 900-The Town Board classlf.icatlOn, 0: to a ,conforming use, sigD1$ not exceeding twenty-four (24) I seats In su¢h build1ngs or for each I cess 01. fifty (50) percent of its s.:rea. thousand five h'lmdl'ed. <12,5_. ': ". '. are' adjacent USe districts; I upon its 0vr;t motion or by petition anything in, thIS S~c,tlOn to ihe con- ihe sale- of farm garden or nursery þuilding or structure as is or may be UltIess 11 minimum provision for, oft- less than one !hundred (l00)' ~ . the orderly and reasonable use of pe:r_ plement, change, modify or repeal this :fornung use of .such btuldmg shall no products produced on the pzemises or ' made t\vaUable for seven ('1) perman- street pa.rk1ng shall be maåe as tollows: SECTION 505 . OFF _:, ..,.¿ mitted or legally established uses in Ordinance including the Zoning Map, longer be permltted ,unless a variance of animals raised on the prem.ise8. lent or temporary seats. The formula. (4) Hospitals one.. (1) ps.:rIdng PARKING AREA In the ( ,,~ ,. r US- (the district wherein the proposed usefu by proceeding in the ,following manner: to such non-c-onformmg UBe shall first IG-One (1) rea.1 estaie sign not for providing an adequate parking apace for every four (4) 'I:)edf. tr1âl District, .no building {",::~beto be loca.ted or of permitted or legally SECTION 901 The Town Board by have been granted by the Board of Wier than twelve (12) square feet in 'area is an area of three hundred thkty_ ~b) Theatres-one (1) ParJdng spaee hereafter erected or altered _ ',ped 'establishes uses in adjacent ,use djs.. Resolut~on adopted at a stated meeting, Appeals. area on anyone (1) or more 10ttJ, ad- \ four (334) t>quare feet per required mo.. ¡for every (7) seats. to in excess of fifty (50) per ]It its tricts;.· shall fIX the time a.ndpla.ce of a SEOTIO~ 1008 TIDAL LANDS- ve.rtising the sale or letting of only tor veh1c1e unit.' (c) .DwelUngs One (1) parking arM prior to the adoption of ,.. __,.41·' (3) That the safety the health the public hearing on the. proposed a.mend- . When the tidal lands are not shown as the premises on which it 18 maintained TICL . space for eveT:1 dweUing 'W),it. na~, unless a. minimum pro ~ . ~;- " t~ ~ welfa e the mf rt 'th n en1ence ment and cause nÐtlce thereof to be v.oned on the Zoning (Map, they shall and set back not 1es8 than the required . AJt BIV (d) Hø'teIs ' ~ (1) parking space off-street pärIdng shall be,?;.,~~~~ âa'. r ~ 'order ~o t~e TO~ ~~ not be given as fonow~: be 7<'nsidered to l1e within th? ",A:' kont yard and not less than. HJr Business Dlatrld tor every two (2) roo~ follows: ~i'~f;~,; , 10 f , (a) By pubhshing a notice thereof ¡ J.tefndential and Agricultural DistrICt but ten (to) feet !rom each side line. SECTION 400-In the "B" Buaineaal (e) AU places of pubUc Gsøembly (a) All buildingà where uã.Jm(1 ad~~~l~ aff:t~ by d the proposed use once a. week tor two (2) successive no structure erected therein shall be When the advertising' a1gn Is for ihe' Dist:r1ct, DO building or prern1ses 8ha11 ,SUCh as agditoriwus, Cb~es ancl for floor area. is two thOU6Q.ud flVe1~~,,,"" . ..,.. i an( 4) T~: ~~.:: ill be :In har- weeks in two' (2) Newspapers Of gen- ¡ erected upon such la.ncls owned by the purpose of selling or leasing of acreage, be used, and no building shall be here- . øittû1Ar UJiJeS one (1) PMk',ing space (2,500) square feet One (1l"":~~_ ~ . ' , , w era1 circulation published in the Town.¡ Town o! Southold except upon the ap.. or th~ sell1ng ot Jots in a subdlviBion, ¡ after erected or altered unless other- Itor each seven (7) permanent aeats or space for oach two hu,'. 'f",JIÞò> mony with nd a~~ ~n;oi~ thc:rd=.neral (b) The notices shall state the 10· prova1 of the Board of Town Trustees. cne (1) reål eat&te sign, having ø.n &rea I wise provided in thta Ord1.nJœco. ex- ~an area. equivalent to sevèn (7) per.. squø.œ teet of building area 0:'% ,~c:",.. ~n.Ip~~e: a kin n 0 h d termln ts:e. cation and general nature of the pro- SECTION 1009 VALIDITY Should ()f not more than twenty-four (24) ,CðPt tor one (1) 01:' more of the f01- manent seats.. thereof In excess of two th,,_:': fM . n ma g 8U~ el . a. 11, posed amendment. any section or provision oJ th.iß or- square feet, will be perml~ted on e&dh loWing URI: ( ) All ati1"ootures w~ olI1çeø or, hundred (3,600) square teet. ,'t~;c the ~r~ of Appea s sha.l also give (c) The Town Board. before adver- dinance be declared by a court of five hundred (500) feet to one thous..' l-one (1) family or t'W'O (2) fam11y Uvi11g quarters é.re p1'Qv1.ded OVèr the (b) AU pla.ces of puNic o'c,~=",·. f:~eratli)-n. among other tb1n.gs, tisi11g for public hesring, shall, in a I competent jurisdiction to be invalid, and (1000) teet o.f tcontage oil the~dwel1inga; muItJ,p1e famUy dwellings tlrst floor, an additiQna.l ~ á1W1 be One' (1) parking space for'''~~~ . written request, instruct the Town such decisions shall not effect the val- hi¡hway or blghways on wbfuh the (pro'rlded àU ~mentB as are out- provided fqr each offiCe or for each (7) perm.ânent seats or e.n 8._ "~Jlllífv" (1) The character of the exlsting Planning Board to prepare an official tdity of the ordinance as a whole or property fronts, PROVIDED said sign lined in "AU Beø1dentlàl and Agr1cu1- dwelling \tn1t. .. alent Ì() seven ('1) permanei1t{~ M'" and probable development ~ uses m report defining the co'nditions de- any other part thereof. 18 set ba.ck. not less than the front yard tural District ø.re oomp11ed with). (g) AU other bU8iness buU~s (c) AU structures 'Where -"N-:~,:,':ate. the district Iß.1ld the peculiar suitabiUty scribed in b. petition and determine the SEOI'ION 1010 INTrERPRETATION, restrictions required and not less than :I., AU permitted. ~ as outlined in where the ground !Ioor area is in ex.. provided. over the firSt floor ..'!:..<b ad.., of BUCÞ. district for the location of any area so affected with their recommen- PURPOSE AND CONF'LIC'I\ In inter- !ten (10) feet from each sIde Une anct 41..'" :raWentJal and Agrlcultur&l DùJ.. cess of twó thQusand 11'Y'1t ditlonal pa.rking :space shall~:'i pro- of such ~rm1ssi.ve, uses; dation. preting and applying the provisions o! the bottom of sign be ~ ÞOt J.ea(trict. .. . (2,500) square feet· one (1) parting vide<! fo'r ea'Ch (iff-ioo. .j~~ (2) The conserva.tion of property SECTION 902 In case, however, of this ,Ordìnanœ, they shaU be held to than three (3) feet above the ground. 3 Hotels, moteJa, motor kX1gcs. øpaoe for each two hundred (200) Tb.e torm.ulä f,<>r provldíng'~ ~.' ide- values and t~e encouragement of the a protest against such change, signed be the minimum requiremnM for the If the property should have a froata¡e boarding houses and s1m11a.r eata.blish- square feet ot bulld1ng area or frac- ~ patkittg e.rea is an ¡re :~.~Yt:bree .most approprIa.te uses of land; by the owners ot twenty (20) percent 'promotion of the health, safety, morals the- 81gn pennitted .shai1 have- an wea 4r-Hospltals and d1n1cs1 ot'bðt than five hundred (2,500) square feet. per .' .. ' motor vehicle· ·the proposed use may have upon ~e included. in such proposed change, or 'is not intended. by this Ordinance to In- of not m.ore than twelve (12~ .squuelthose for infectious o,r contagio'U cHI- The tormulØ. for proViding an. &de- ,AB,TlULE VI~'\\). creation or un~ue increase .Of veh1cular ot that immediately adjacent thereto, 'terfere with or abrogate or annUl any feet and the same :Sha.1l. eases, or insanity or mental ~J qate parking 8.t'1ea. is ifUl s.:rea of three ~ 'Catttps,Camp c,¥';;::~ I traffic CO~gestlOn on publIc streets or extending one hundred (100) feet I,. Town Building COde, 0.1' any rules and apply. .,or Uquor or drug addicts. hundred thirty-four (334) square teet ¡ani 'Tra.Uers ¡;t,~ lkighways, \ therefrom, or of that directly opposite regulations adopted or 1s5ued there- SECTION 301 ,,"A" waGRT--Jn1 5--01rlces, Þanks, t1na.nc1a1 1natitu.. per required motor vehicle unit. BÐJCr.r.'ION'600 p. ;, ~".' u..1 (4) The a.yailabi11ty of adequate and libereto, extending one hundred (100) lunde&, or the rules and regulations of the Lé A" Re&identl1ù a.nd. a1 ttOllS. telephone, teleJmp.h, g.u or e1eo- ARTICLE V NE) 'tourist camp s _~~. es.. proper publ1c or private facUlties for I feet from the street frontage of such the Department Q'[ Health ot the Coun- D1atri~t, no. bUf.1d1ng~ <er..ec- tric bus!neu. "0" Industrial BWrid t1a.b1üšbed. ma.intained or oPDM 111. the treatment, removal or dWcharge. opposite land, such amendment shall ty of S,uffolk, and not in conflict with. ted or altered, Bha.1l exceed ~tlve 6-Btorea. SEO'I'XON 500-rn the "c" Induatr.ta!1 ay '.ßisttldt, :nor shall any :'\~ tent- Qt sewage, refuse or other 'Cffluent not become effective except by the any of the provisions of this Ordin- .(35) feet or three (3) ~. '1 P1aceø of amusement. District, aU buildings and prem.i.see, eX- b4Juße, .camp-cottage, houstDr or (whether liquid. solid, gaseous or other- tavora.b1e vote of at least four (4) ance; PROVIDED, bowever, that Except pub1.1c or semi-public bufid- 8-Reltaurants, bakery Bhopa, con- eept as otherwise provided. in this 'tr'a.Uer, to'be used or occuR" 'N a wise) tha.t may be caused or created members of the Town Boa.:d. where this Ordinance imposes a greater mgs may be erected. to .a he1Øht not fectlonery or lee cream shops or fac- Ord1na.nce, may be used for a.D,J' use StJ;ace jor living, sleeping OJ.i~.g,ting, by or as a result of the use; I SECTION 903-At a PUblIC Hearing, ¡ restriction upon the use of buildings or' exœed1ng fUty (50) feet when. set back tories. except the foUow1ng-: Whefherèha.rge is or is not ~, be (5) Whether the use, or materials, full opportunity to be heard shan be premises or upon the height of the an -additional aix on 1nche8 on aU 9 PubUc prages or auton:aob11e I"" 1 Aba.ttoirs (except as a special a- erected ;or placed therein, utIJ8 au- incidental thereto. or produced there- given to any citizen and all parties {n bul1ding, or requires 1a.rger open Bpace8 sides :for each foot øudø. ex.. vice sta.tlons when approved. as a spec.. ceptktn by the Board of Appula .. thœizedby the Town Board l;àTsuant by, may give off obnoxious gases. odors, interest. than are imposed or required by such ceed the hetgbt of th1rtJ...tWe (B5) feet. lal exceptk)n by the Board of ÃþþðtJItðr prOV1ded.). to _ c .'. ,of ,ijl~ 'frrJré.r oø.tnp smoke or øoot¡ ARTICLE X Ordinance. rules and regulatfoDB, the ,," ... alU hel'emli\fter 'þt'O'Videt1. 2 .Acetylene gas manuta.ctU1"& «' þS , ce dated Juni!O, ~5\., I (6) Wheth~ the use wID cause dls- General Pro1'isions provisions oJ this Ordinance shall oon- ~~~Nthe 3~A" ~t1a1 and lO--Btorage hoU8'eS, &tables, eXþ1'ef1lJ, XlWl~acture from coal, coke. petM1eum SECTION 604-:-.t\1'tic1~Y¡1 sþ;ïùl not turbing emissiOns of electrical di8-. SECTION 1000-In a Residential and trol. Agri ultural District, the total buildin ¡carting or hauling offices or stations, or from any other product or the $tor- be deemed to applY to ¡temporary charges, dust, light, vibration or noise, Agricultural DistrIct where a. lot abuts 'SECTION 1011 REMEDIES I c sh 11 t xceed t en.ty-fi (25~ lee manufuturlng, Ya:rds for ~e; age thereof. ~r:seQSOnal camp 'Of ,'C it of the (7) Whether the operations in pur- on a parkway, the lot Bhall be con-. any buildin t t ~ n case area a no e w ve and &ale ot coal and building mater1a1s. 3 Acid manufacture. Bøy .scouts of AnleriÓ\:' the Girl lmance .of the use will C1\use undue side:red to front and have a front yard con t g or B ruc ure s erected. AREA In th "An Rea1d tial ànd book. ,binderies, laundritB, dry cleaning. chlorine manufacture. . gfUliZations under the :':':y . shi:p pro- by the public o.f parking or of recrea.- I and where the bUl1ding accords with any b~ilding t tor ma !ned, or . ultural D~ trl t, b~ shall or dyeing, undertaking estabUabments. 6 ,Arsenal. ~etl by saki organl "8'~" m;pec- Uonal facillt1œ, it existing, or if pro'- this sect!0n, a private accessory ga.ra.ge in i laU ' ~ rr~. ure or land i.eJ used Agnc 18 c no 11~rea.mery. butter or chee6e 6 Asphalt manufacture. tlvely.,dc posed by the Town or b1 other com- may be mcorporated in the building or v 0 on 0 18 Ordinance, or of be erected or altered on a lot of an making, milk bottling or distributing 7 Blast furnAce ARTICLE : :.:í~ petent Governmental agency; attached thereto regardless of distance any regulations made pumuant thereto, area. less than twelve ~ousand 11ve ¡ statlol1ß. B-Oement, lime: gypsum or p!uter ..Applications and ~ ':" t£ I (8) To the necessity fo-rbItuminous trom streets. ! in addition to other. rem&di~ provided hundred (12,500) square fœt,or upon¡ 13-Shops for -ca.rpente1'8, plumbers, .'! pa.r1s manufacture. SECTION 700. It sh8¡l.I~i":' the duty surfaced B~ace for purposes of eft-I SECTION 1001 - Notwithstanding by ~w, any approprIate actIOn or pro- >' a lot having a trontage of less ,than bJack8m1t.hs, upholstererr8, electricians, 9-Coke ovens. G'f the BuiIding :tnspect.<>.·~,~".::, such per- street parkmg of vehicles incidentll ¡ any other provisions of this Ordinance c~~dm~ whether by legal process or one hundred Uot;? ,:eet~ (tinsmiths, paper ~ers, palnterø, 10- Crematories. Soll as designated by thl¡;",:wll Board, to the use, i&lld whether such 8Pß.ce 18190'11 a.utomobile or other junk yards In 0 erWlSe, may be instituted, ?r taken 8ECTI;>~ S04:--' A and y~ tailors, dressmakers, millinery shop, 11 D1stmati~n of bones. and 'he is hereby given .'þower and reasonably adequate and appropriate, existence and in effect at the date ot ~ pr~yel1t such unlawful erecho~. con- In the. A ResIdential Agr shoemakers. jewelers, watch and cIock 12 Dwel1ings, all t}1>ðS.' tWthorityto enforce ~~ØOVisiol1B of and can be furnished by the owner this ordinance shall within the ex-, ,8 ~uc Ion. r€C?nstruction, alteratIon, re- tura! Dwtrict, the :req,m::e.d !ront yard ma.kers, opticians, musioal or scientit1c 1S. ,Explosives, manufacture or aror- this Ordinance. <',ék of the. plot Bought to be used within piration ot 3 yeara from same provide pall': C~I~Vel"6lOIl, maintenance or use, shall be at least thirty five (35,) teetjinstrumcnts, pet animals and other age. SEOTION701~ The ~.g Inspec- or adjacent to. the plot wherein tl1e suitable screening in the form of t;o1id iOt.I estI am, correct or abut Buch vi~- ¡from the street line. " . trades '01' use& of a, similar grade. 14 ' æ"at rendering. tor shall require that Ut Jpllcation use shall be had; î fencing or hedges completely around a. :o~, to prevent the occupancy o~ Bald SEo-r:r~f ~05-~r~~£)perty i: I 14. COmmercial docks, piers, terry 15 Pertilizer manufacture, for a building' permit Qltte accom- (9) Whether a hazard to life, limb the periphery of the area. used for such bUll~mg, si;ructure or land or to 'pre- the ViCIDl y par y up 'W Slips, 'ferry houae.s, ;fishing stations, 16 ¥ire works manufacture. pa.ny1ng ~1'dt ,plan shall M11in all the or property because of tire, flopd, storage purposes, and the type of fence ven a~y legal act. conduct, busmcss. permanent b~i1dingS ,~d -: a'V~~e :boat yards, bus station.q and terminals., 17-Garbage, offal or dead al11ttuk. :informatIon :necessary 1I\1!Ìt1ablc him erosion or panic may.· be creat~d by or hedge Bhz~.ll be sUbject to the ap- or S~~~~l or a~lt such premises. B?~baCk}lne a more or ess An y ¡ 15- Any rœnu!acturing, fabricating, reduction or dumping (except M A !to ascertain W.hether"7~~· proposed reason or as a result Of the use, or proval of the Planning Board. I ON 101", PENAL!IES For flV.e (3D) :feet has been established, no treating, converting, finishlng, altering special exception by the Board o.f Ap..lbu1ldlng compliCfi Witb lilT rovisions by the structures ~ be used therefor, SECTION 1002 ' Notwithstanding a~l~ and cve~y viol,atioT). of the pro- builcllngs. . hereaft.er erected or altered. <>r assembling in connection with the peals as hereinafter provided) . ! of thla Ordinance. . ~;t~~< P or by the inacceSSIbility or the prop- any other provisions of this ordinance, VISIOns of thIS Ordll1ance. tl~e owner, shall proJcct beyond tbe =ed01. the aforesaid pe~tted USeB and which is 18 Glue, size or gelatine manufac- \ SECTION '702-No }t'~;"~~ g permit erty or structures there-on for the con- any sIgn or commercial billboard hli ex- ?cI:eral a~ent: or contractor 01 ,~ b~1ild- average setback so estabi . ¡ a necessary incident and acceMOry to ture. [mall be issued unfñl ~I~! 'á:. {cling 1n- venicnt entry and operatoìn of fire and istence at the e:tIective date oJ this Or- ~nt~ or plemlses, v:here such vIOlations SEc-r::0N 306-In ~e o~ ~h corne: the preparation ot artIcles to be sold 19-Gunpowder manufacture or sOOr- speet,or has certif1et1 ;tba,;í~-',"% proposed other emergency apparatus or by the dlnance in, a. Residential and Agricul.. ,m~et1 ~eel1 c?,ltlmltted or ~hall exist. lot of lecord at ~e tune .0 e PMd primarily on the prem1seø or to the age. lbW1ding or addition co.li \vith all undue concentration or assemblage of tural Distnct, shall, at the expiration an 1~ .gelleI,~1 3gent, archItect, build- sage of this. Or~ma.nce, d. front Yl~r performing of a service primarily tor 19A Automobile wrecking a.nd all the provWons of this ..7;:':'-", Ice, persons upon such plot; . ; of five (5) years from such date, be ~r, c~n \actor or ,any other person who . s:mll be reqUlre~, same to be .on a ne residents .of the neighborhood. other junk yards. SECTION 703-A pe~t .11 be re- (0) Whether the me, or the struc- discontinued. The ~ard .of Appeals B:~~.sWI~g y com~mts, takes parD or as.. stre?ts produced to a point t~f ~~ther with and customarUy incidental to any 21-oiled, rubber or leather manufac- for the erection or OOdi.Jj~ alll'esi- an overcrowding of land 1)1' undue con- as a special exceptIOn as herein pro.. 11 ~tams .any bml?lIlg or premIses in sectIon and if no average se 'lJac"", as of the above permitted. :lieS. "re. . dence, business and,'- ,·'Iit: 1 buiId- ccntration of population; I vided. W 1 c 1 6.11:Y such vIolation 8llall exist, be~n . e~tabllshed then a front yard: SEÇI'10N 401. No building' may be ~. ore reduction. lings. AcceMory bul1dit'1fl~uding all (11) Whether th~ plot area Is 8uf- ¡ SECTION 1003 The PlannIng Board S~l)~:~, be gui~ty .of a ~l~emeanor. Each thlrty-flve (35) feet deep, shall be 1'e t d lte-red used d 1 t or 23-Pa.1nt oil shellac turpentine or types of tarm bui1d~>'""¡;~ i ant ticicl1t, appropriate and adequate tor shall study the application of this Or- w~ek s contmued vIOlatIOn shall con- quired on each street front, ?f m~y be e~:~~s ~xce t f:r a.gr1~~~u:~ be varniBh ~nu¡acture. · I camps do not r.equi1"èt\~-";-r!f';,~ . ~~o~~ded the use and the reasonably anticipated dinance and shall, from time to time, S",tltute .a separate ad~itional violation. decreased as a special exce~tlOn by th: ~"iCd for any [;.adc, industry or bU8i~ess I 24 Paper and pulp manufacture. ¡that all use. he1ght',~¡;;M::~ ~eqUire- f operation and expansion thereof; and recommend to the Town Bo'ard sue}), ~U~l~ f1l1e~.:r penaltu2S shall be col.. Board of Appeals as l1eremafter pro ,that has been adjudicated. a pUblic 25-Petroleum refining. ,ments have been CQ~:'. _~,,::Ciw1tl1, (12) Whether the me to, be opers.ted . changQ,S in the Ordinance and in the b~ I:W.11S I e fines are now collected vided. tl H ¡ nuisance by a court of record. 26-Potash works. SECTION 7M-.AU:'~ I fees and is unreasonably near to a church, I boundaries oJ the various districts as Dat . SECTION 3~7 A SIDE YARDS- ¡SECTION 402 liB" HEIGHT In 27 Rolling mUl. tees for cert1tiea.tel ~:tl~","43'''iIT,,, ncy shall achool, theatre, recreational area or! it shall deem advisable to further pro- B' :edci August 9th, 1956. In the "A" Re81dential and AgrIcultural the liB" Business District no building 28-Rubber or gutta percha manufac- be established by tl'tI'l, C'oS1%_,:' Board. other pJace of public assembly. mote the health, safety, morals or the y or er of the Southold Town Board District, there shall be two (2) ~We hereafter erected or t\lte;oo. shall ex.. tura. SECTION '705-For..,~"'''',*''~t.pp1icatlon (c) T~e Board of Appœ.ls shalt, in general welfare of the community. ¡ Ralph P. Booth yar~. one (1) on each side of he ceed fift (50) feet. 2fJ.......SAlt works. or ,^:ppeal to the BO '~; '¿"'''. peals as authorlzing such: perm1BSive USeB. 1m- SECTIO~ 1OO3a. All labor camps Town Clerk. ' buildings, the total aggregate of both SEar/ON 403-flB" :BUILDING 30--Sauerkraut manufacture heremafter provided, .... .'. i,J:.all be a. pose such condItions and safeguards where provISion is made ~or the hous- " sides to be ty;enty-five (25) teet and. AREA In the liB" BusIness DistrIct 31 Shoe blacking or stove poÎiBh man- f~e of fifteen dolla.1"$"::,.. .'. %?) accom- as it may deem appropriate. necessary ing and feeding of transIent help rc- -.. - , ~---- - ,... -, - no one (1) rode yard t<> be less tha.n b ildj h II be . t d It cÍ U!acture. panying the Applicati :,·.ppeal. or desirable to preserve and protect gardless of the number t.o be accom- Boron ten (0) feet wide. ¡no Ud .ng 8n a1 . ereanè e or ad erlel 31) o.....olt1na SECTION 706-All -'i\. ~'lall ex- the spirit and objectives of this Or- modated, shall first meet all require- Boron whose m t ·d 1 k VIDED th t ~... th ase of a. or use ill w: 0 e or ill p as a we - ~....... -00' .2 0:» i t f . t· 1 F ,os W'l e y nown (PRO . a, UJ. e c . in to exceed sevent (70) ercent of 33-Soap manufacture. pire in Qne (1) year of -;,,, ' thereof, d nan~e. men 0 exlS mg aw. arm labor borax, can be alloyed with steel in lot hªld .in smgle and separate owner- g t y p 34--Stqckyards or sla.ughter houses the renewal tee to be ~ all (~) (II) When, lnlts Judgment, the publ1c camps on farms shall not be located Compound is ordinary househ Id B?ipat the effective' date Qf this or-, the 10 area.404---",B" mON'I' YARD--- (except as a. special exception by the the original fee. convenience Ql1d welfare and justice' nearer to any other residence than to min~e quaniities to supplem~nt 0 or ." d:x.~~. ~!~-::~~ot~ =.~x:~ r!~g;:r.~1!nWllfieØ ]j1j~.'tib:é to&.· . '. f)f AppeâLt Q berf:fln~tðr pro... SECTION '707 . For eac reposed will be §Pþrt9,U~;V; se.rY'~íL Jm.Q:,»ro:" "t~e reside~e ot the employ~r except S?bstItute for more critical mate. 'tw~v; fnousand :five hunðied (12~OO> quired 'f~ont 'Yt.\rd Shø.U be .ø.t least vided). chanr e ot the orcUnance or . . ge of videð. that' the lê1âJ1y Uta;bn.mæ (W ~ a ßP~M Ø0f>P'tl.on by tlie Board rlal,S. .. feet. .a. single fattilly dwe11J.í:1.g' may bð twenty.f1ve (25) :teet. 35--Stone nilll ör quarry. the Zoning Map as provided b. ct10n pernùtted use ot neIghbor~oöd proper.. oX APpeals. The locätion of any other . , built thereon With ßlde Yß.t'ds rednood SECTION 405-Where property in 38-Structuräl steel or pi po W'OrkB. .902 Q! Article IX of thw· ~ nce, ty and adjacent use distrlctð will not labor camp or camps nöt on farms shall Bot Wea~er B.obby ¡fUty (00) percent and when fur~her re.. the 'Vicl:nit.y 18 partly built up with BIT SulþhUrlc, nitrio tir hYdrochloric there sha.11 be a. fee of twenty, dol- be substantially or pennanently in- be Bubject to the approval of the Zon- In Atlanta, pOlICe taWed up some duced ~ a. spoola.l exceptIon' by the permanent buildings and M average acid manufacture. laxB ($25.00) accompanying thfJ~:~ition. j"Ured, the Bonrd of Appeals may, Q,fter ing Board of Appeals. of the effects of. a tenw~ay heat Board of Appeals as hereinafter pro- setback line has been eøtabl1ßhed, no as-Sugar refining. Alt'l'roLE vIU:;l: public notice and hearing and subject SECTION l004-In an! district, no wave, found that wIfe beatIngs were vIded.. buildings hereafter erecte4. or alrered 39 Tar d1stillation or manufacture. :Boa.rd of Appu.II': to appraprlate conditions and safe- Public Garage for more than three (3) up 700 per cent. , . "~~~-=-~"'" , ,.'-","~~=.,,%-:: j ~ , THE SUFFOLK TIMES, FRIDAY, AUGUST 31, 1956, ' '~, ' , . Page Three NOTICE IS HEREBY GIVEN that a two (2) families. ' measured from a given line. Where the thirty-five (35) feet deep, shall be re- erected, altered, or used, and no lot or 23 P r? :ed~c Ion. . ings. A~cessory buildings 'including all pUblic hearing will be' held by the Town 9 DWELLIN~MUi.TIPLE A street layout, actually on the ground, I quired 'On each street front, or may be premises excèpt for agri'culture may be ' ~m, 011, shellac, turpentme or types of farm buildings except migrant . Board of the Town of Southold, Suffolk building or portIon:, thereof, designed varies from the street layout as shown decreased as a sp~ial eX~eption by the used for any trade, industry or business V;;ll1~ m.anu~ctur~. camps do not require a permit provided County, New York, at Southold High for or occupied as a home for three (3) on the wning maps, the desigµation Board. of Appeals, as 'hereinafter pro- that has been adjudicated a pUblic 25 P afe~ an PUI~ manufacture. that all use, height 'and yard 1'equire- School, Oaklawn Avenue, Southold, in or more families or households, living shown on the mapped streets shall vided. nuisance by a court of record 26 Petroheum refimng.. ments have been complied with 't '1 "I,A" 8I . 0 as works ' . the Town of Southold, County of Suf- independently of each other. .. apply, in ~uch 'a. way as to carry ou SECTION S~ " .~ DE Y~RDS SECTION 402 "B" HEIGHT In 27 Rollin mill . SECTION ,~O4. All permit fees and ¡fç.lk and state of New Yor~ on the 10 GARAGE-PRIVATE A building the real mtent and purposes of this In the "A" ResIdential and Agrrcultural the "B" Business District, no building 28 R b g '. fees for ,certIfICates of occupancy shall . 31st day of August, 1956, at 8:00 o'clock used for the storage of one (1) or more Ordinance for the particular area in District, there ßh~J be two (2) side¡hereafter erected or alt~red shall ex- t ub er or gutta peIcha manufac- be established by the Town Board. (EDST) in the evening o~ Said day, in gasoline 0'1' other ;power µ,riven vehicles questicm. , . ya:d~, one (1). o~\ each side of the I ceed fifty (50) feet. :e'salt wo'rks .SECTION 705 For ea.ch Application the matter of the adoptl'On of a pro- owned and used by the owner or ten- SECTION 204.-Where a distnct J buildings, the tot~~: aggregate of both I SECTION 403 "B" :BUILDING 30 s' OJ: Appeal to the Board of Appeals as posed zoning ordinance of the said ant of the; lot on Which it is' erected, boundary line divid~s a lo~ in a single sides to be t~ent b~~/ve (25) feet and AREA In the "B" BusineSB. DiBtrict, 31 s~~:r~rau~ manufacture.. hereinafter provided, there shall be a Town ~f Southold, ,as recommended to and for the storage of not exceeding ownersh1,? at the tIme of passage of no one, (1), S1d~~'\1 to be less than no bUilding shall be erected or altered ufacture ackmg or stove polISh man- fee ~f fifteen dol1ars ($15.00) accom- the s~Id. Town Board by. the Zoning two (2) additional vehicles (not trucks) this Or~mance, the Board of Appeals, ten (10) feet WId~~~ or úsed in whole or in part as a dwell- 32 sm~ltin panymg the Application or Appeal. <?<>mnussl~n ,of and for sa:d Town, en- owned or used by others. . as heremaft:r provide~, may permit PROVIDED ,tf.æn the case' of a .ing to exceed seventy (70) percent oJ 33 Soa m;~ufa " SECTION 706-All p,ermits shall ex- tItled "Buildmg Zone Ordll1ance of ~e ll-,-GARAGE -. PUBLIC A building¡the less restrlCted use to ,extend to the lot held in sing[~~~d separate owner- the lot area. ä4-St~k ards o:ture.. , pl1'e in one (1) year of Issuance thereof, TQ~n Of ~uthol~," a copy of which other than a. pnvate garage, used for whole or any part of such lot. ship at the eff~.¥~ date of this Or- SECTION 404.-"B" FRONT YARD- (exce t 'asYa ecial slaUgh~er houses the re?-~wal .fee to be one hQlf (¥.:) ordinance ~s h~re~after set ;forth. housing ~r oare ?f gasoline or other ARTICLE m ¡ dinance, of a wiUfess than one hun- In the "B", BusineSB District the re- Board of A:m exce~tIOn by the the orlgmal fee. ,AU. partIes m mterest and citizens po,,:er drIven v~cles, or where such "A" Residential a~d Agricultural 'dred (100) feet ~J¡"'an area less than quired f,ront yard shall be' at ; least videdL pp as heremafter pro- SEGTION 707 ,For eMh p.roposed will be heard ~y the Town Board at ve~Icles are eqmpped for oper8:tion, ~e- DistrIct '. twelve thousand~~¡,;.", hUndred <12,500) twenty-five (25) feet. 35-Stone mill or change of the ordmanc.e or change of th~ ,public hearmg to be held as afore- paIred or kept for remuneratIon, hire SECTION gOO-In the uA" Re~siden- feet, a single f =~: 'I. dwelling may be SECTION 405 ,Where pro ert in 36 structural ste~~~~· , the Zoning Map as provlded by Section saId. ¡ or sale. .. . tial and Agr~cultural District, no build- built thereon 'W'~<::~ Ide yards reduced, the vicinity' is partly built ~ ~ith 37" SuI huric nitric pIpe works. 9()2 of Article IX of this Ordinance, PROPOSED 12 HOTEL-A b~Ilding OCCUPled as in~ o.'r ~reffilSes shall be used and no fifty (50) percen'\JlÌ When. further re- permanent buildings and an ~verage acid ma~ufact~e. or hydrochloric there shall be a fee of ~wentY-five, ~ol- TOWN OF SOUTHOLD j place of mdividua1s WhO, are lodging altered unless otherwise provided in Board of AP~.:,,(~;~1"~ heremafter pro-/ buildings hereafter erected or altered 39-Tar distil1atio~ or 'manufacture. ARTICLE VIII SUFFOLK COUNTY, NEW YORK with or without mea1B and in whichlthis Ordinance, except Îor one (1) or vided. ",4'&"'(" shall project beyond the line of the 4O-Tar roofing or waterproOfln¡¡ man- Board of Appeals d t . tin th h· ht 1..~ f there are more than ten (10) rooms 'more of ·the following uses: SECTION 3 ,,;;.fi¡¡Îi_ REAR YARD- average setback so .o.c.tabl~~hed Ufacture SECTION 800 Th an res rIe g e elg ,nuIDut:r 0 11 0 d . I d _ . "" - Ikfti " I d . "'0,> lJ) . . e Town Board starles, size o.f buildings~nd other U:>~a y oceuple smg! an no pro lOne (1) family d,,:ellinf?s. In t~e A R~'ll an AgrIcultur- SECTION 406 "B" REAR YARD- 41 Tallow, grease or lard manufac- shall appoint a Board of Appeals con- An di I ·f· g . u1 t· g VISIon made for cookmg in any 1n7", 2-Churches, schools, llbrarles. al DIStrict, tU c\,,l~,, be a rear yard In the liB" BusI'ne"''' Dist~ct lOf a build tu"e sisting of five (5) b , or nance c aSSI ym , reg am. '1 _ _ ;-'$"~~"";~~'¡: de th ' , ..... :U, -... . mem ers as provided structures, th~ percen~age of lot that ~~1uaA;~~~:Ì.E . WRECKING r~un~n C0:l::;.:~~al fie~:ks, baf:: i~av~;5)a'¡f t:~:"·,í p of twenty-Img.is used ~. whole or in ~art as a 42--Tanning, .curirig or st<>rage of by the Town Law. may be occUpIed, the SIze of yards and AND ALL J YARD g .' ,g i ve ee, ;?J' ~; ¡haVlllg a mmnnum depth of fifteen rawhides or skins. SECTION 801-A The Board of Ap.. other open spaces, the d~nsity of popu- . UNK S- beaches" bathhouses or boathouseB. 'PROVIDED._ ;m Caße of a. lOt dwelling, there shall þe a rear yard 43 Tobacco (!Chewing) manufacture peals, may, in a specific case after pub- lation, the location. and use of build- Lathn~S·toOCraCgUPieOdf OOlrdtowoobde oCCaUePried.ctofth°r 4. Agi,nculturnhal farmsJ/PdoutltrYkfarmsd'held in single aiL ,.para~e ownership (15) feet. PROVIDED further that, in or "treatment. lie notice and hearing, and subject to . , . e e "nurser es ee ouses an ruc ar.. . ,'. .' . , dustry, resIdenc~' and, other purposes, trucJŒ equipment machinery Œixture~ . ,g b d' c f d ~ ms 0 e having a total d~~ ,of l~ss than one feet high, the depth of the rear yard 45 Yeast plant. j determme and vary the application of (provided _that such regulations shall and a~pliancesn~t usable as 'OrginallY ra:mðh~:S ~::t~it h.:se~ and olf !hundred (100) ~ : a mngle i~mily shall be increased five ,(5) feet for And i~ general those uses which the regulati:>ns he::ein established in the town oU~ldethe .limits .of.any Ill- tions of such old automobiles trucks, tivitiesare carried on as a businoos. rear yard of ~ess, ~ twenty f1~e (25) Whic~ the.bUlldmg exceeds forty (40) ¡by the ]3oardof Appeals as hereinafter (a,nd mtent as follo'wg: ~; OOl':Porat,ed Vln~e),. establis11i?gthe -equipment or machinery'as are or may 6 Railwa.y passenger stations. " feet,. when autho· :'8.S a. sp~mal ex- feet m heIght.' I provided. B. VARIANCE POWERS. (MAT- Ix.),lilldarles ()f~trlc~ fa!, ,s~~d.pur- be sold as and for junko:r Salv~ge." 7 Accessory buildings, includin one I ceptIon by the+ .,~:Of Appeals as SECTION 407 "B" DENSITY OF I SECTION 501 "0" R~ YARD- TERS OF APPEAL TO THE BOARD ' \poses so as to promote the health, sa£e- 13' LOT Land occup'ed or to be nI'O_ J{l) . t h '1 t dg t ¡hereinafter proVld ~.~. PROVIDED POPULATION In the· "B" Buslliess ,In the' "C"-'Industrial District· if à 01" A,PPEALS), '. do' 1... d 1 If f th ' . 1 V\J p1'lva e garage, w en oca e no if th th t ' =' h II th " . , . ' . , . ' Wh . , 'IIY, mora~ an gen~ra we are 0 e cupied by a building a.nd its accesSÇ>ry less than ¡fifty (50) feet from the front I ur er a m no c';. , a .' e rear Dlstr~ct, no buildmg shall hereafter be bUlldm~ is used m whole or in part as. ere there are pra~tlC~l ~icuI- ~own ~f SQuthold ~~th reas?nable con- buildingS together with such open lot line or a private garage within or I yard be less than ,;1.,' ¡;¡¡ (l5~ feet. 1 erected or. ~ltered to' accommodate or fa dwellmg, ~~~re shall be a rear yard, tIes or unn~ceBsary hards~ps m the Slderatlo~, among other ~ngs to the spaces as are required' 'under this' 01'- attached to the dweUing SEC~ION 309 ,". ,\ACC~SORY make provIsIons for more than twenty having a mmlmum depth of fifty (50) way of carrymg out the strIct letter of most deSIT~bl~ use for which the land dinance and having itS prirlcipal :fròi1t- 8' Uses customarily incidental to .any BUILDIN.GS In the, "';~' ResIdential (20) families on one (1) acre of. groWld I feet. . these regulations, the Board of Appeals of e~ch di~t1'lc~. may ~ a,d~ted, the age upon a 'public street or ():fficially of the above uses when located on the an? AgrICultural D. !t, ,accessory, or n:~re than a proportional number of I !SECTION' 502 COM:M:EROIAL AD-! shall ha~e the power to vary or modify peculi~r ~U1tabllity ,for partIcular use :approved place. I " same lot and not involving the con- bUIldings may oc.cupy ~L:: (40) per- famll1es on a fractional part of any VERTISING BOARDS In the "c" In-I the appl1ca~i~n of such regulations so of a dIStrIct" the cons~rva~ion of pr?p- 14. LOT-CORNER---'A lot situated at duct of ~ separate business. This shall cent of the r~qUIred .:~:yard up to I acre of land: based on the require-' dustrial District, commercial advertis- I that the SPITlt of, the Ordinance shall ~rty values and t~e dll'ectlOn of b.Ulld- the jWlction of two (2) or more streets. be uri'derstood to include the profes- an average heIght of e.. :g~n (18) feet. ments as outlmed above. I ing boards shall not exceed six (6) feet I be .observed, publIc sa!ety. an~ welfare mg devel?pment m accorda..'1ce WIth. a 15' LOT-INTERIO&--:-A: lot, other sional o:ffice or studio of a doctor, The yar~ ~rea allow py such a?- SECTION 408 COMMERCIAL AD-·: high by ten, (10) feet long, the bottom secured and substantIal JustIce done. ~ll consld~red plan ~nd ~o, to estab- than a corner lot. dentist, teacher, artiBt, architect, en- cessory. h'UIldmgs shal¥ è,' included m 1 VE~TISING BOARDS In the liB": of which' shall be at least three (3) I C. SPECIAL POWERS AND RULES. lish p~naltles for V~ol.atIOn o;fthese 16 LOT-THROUGH An interior lot gineer, musician, lawyer, magistrate or computmg. the percen .: of lot area ¡~USllleSS District, commercia~ advertiB-' feet from the ground and so placed as (MATrERS OF ORIGINAL JURIS- regulatIOns as presc1'lbed by the sta- having frontage op two (2) streets. ,pra-ctitioner of a ,similar character or to be bUIlt upon.~;~:PROVID~lr:g boards shall not exceed SIX (6) feet ~to be at least five (5) feet distant from DICTION AND BY APPLICATION TO tutes' '" 17 LOT LINES-The lines bounding roomgused ~¡- home occupations in- f~ther that no bUlld', ~~~~ ~y kmd¡hlgh ~y ten (10) feet long~ the bottom all street and property lines. ' 'THE BO~ OF APPEALS). ,~ABLE OF CONTENTS a lot -as defined herein. eluding dressmaking, millinery or simi- at nature shall be ~ .,' .'\Ì~~W1thm three ,of which shall be at least three (3) ~ SEOTION 503 "c" FRONT 'YARD , (1) ~heneve: a use, or .the location Sh~d TItle ,.: Section 18 NON f _ CONFORMING USE A lar handicrafts, PROVIDED the o:ffice, (3) feet o;f any lot 11 <I' ~~et from the gro"lli1d and so placed as In the HC,. Industrial District, the re- I thereof, IS permItted only if the Board ArtIcle 1 DefmItIOns 100 building or premises occupied by a use studio ór occupational rooms are 10- SECTION 310 OFF\ '~,;, PARK-' be at least five (5) feet distant from I quired front yard shall be at least of Ap.peals shall a.pprove thereof, the ~cle 11 ~iS,~ricts. .; , . 200 that does not 'Confo'rm with the regu- cated ,in a dwelling in Which the prac- IN~ AREA ~n ~'A",,· ;" eIi~ial and I all street and property lines., thirty (30) feet, provided further that! Board of APpeals. may, in a. specific ArtIcle ill A, ResIdential and lations of the use district in which it titioner resides or in a building acces- AgrICultural DIstrIcts, : ,'"',:ùildmg shall SECTION 409 HB" SIZE OF LOT- where property is boWlded on any side :ase :and tB.~ter notice and pUblic !hear- . Agricultural District 300 is situated. . sory 'thereto and PROVIDED further be hereafter erected _", -:;:" altered or AREA In the "B" Business District,! by a railroad right-of-way or on a rear · mg, aut?orlze s~ch permissive use and Art~cle TV" ':~" Busn:ess District 400 19-5~ACK The minimum hori- no go.ods:a~~ pUblicly displayed on th; added to in ex~ess of ,~~~:(50) percent¡no building shall be erected or altered hine þy ~ ra.ilroad right-o!-w~y, there its.locati?n within tI:e district in which Art~cle V C :ü:dustnal District 500 wntal dIstance between the street \ or preIIiJ.S~s a.nd no sign or advertisement~f. its ar.ea prIOr to 1'~. adoption of o~ a lot of an area less than seventy- I shall be a setback along the entire l th18 Ordmance specifies the permissiV~ ArtIcle VI TourISt camp~, Camp lot line . (front, side, or. rear, a.s the is shown other than a sign not larger thIS Ordma~ce, unle '" '.¡cpt less th~n I fIve hundred (.7,500) square feet or length of such railroad right-of-way UM filáY ,~ l~a.ted, subject, however to . Cottages. an~ TraIlers 600 c~e may, be) of ,the building or any than two (2) square feet in total 'area, one (1) parking space ~)~:'~ach family upon ~ lot havmg a frontage of less or private right-of-way of ¡ at least the followmg. ,J ArtIcle vr: ApplIcatIOns and Per- projection, thereof, excluding steps, bea;ring only the name and occupation unit therein shall. be pl(ftdect. for. Forl'than fIfty (50) feet. , thirty (30) feet. (a) Befo're such approval shan ·bè . nuts ' . 700 open terraces, and bay windows not (words only) ,of the practitioner. ,all ?la~es of publIc, a~~y Including, SECTION 410 OFF.. STREET SECTION 504--"C" SIZE OF LOT- give~, the Board of Appeals shall de- Art~clevm Board of Appeals 800 projecting more than five (5) feet. . 9 The sale ,at retail of farm garden ~udltonums, churches '~Yh,;!Sllnilar plÌb-IP~RKING AREA, In "B" Business AREA In the "0" Industrial District, termrne: . Art~cle IX Amendments· ,900 20 STORY That portion of a build- or nursery products produced: on the lie gath.ering ~la~es eref~, there Shall/DIStrict, no building shall be hereafter no building shall be erected or altered (1) That the use will not prevent , ,ArtICle X General Provisions 1000 ing included ,betw~en the sW'iace of premises or of animåls raised on the ?e provIded not less th~~e (1) park- erected, or altered or added to in ex- on a lot of an -area less than twelve I the orderly I and reasonable use of a.~- ~E~S, aU the rnatte:s and any floor ~d, the surface of the .floor p:-emises. One (1) advertising sign or mg space .for each ~e~e k;~~~) ì?ermanent ce~s of fifty (50), percen~ of its area thousand five hundre~ (12,500) square ì ja~ent properti:s .01' .Of properties ill ' t~gs requITed to be done by the To~ next above It or if there be no .floor SIgns not exceeding twenty-four (24) seats in such buildmg¡\,or for each pnor to the adoptIOn of thIS Ordinance, feet or upon a lot wIth a frontage of adjacent USe distncts, Law of t~e state of New York in order above ~t, then the space between it and square t:eet in total area adverti8inglpa~t of the total arei.lWithin such (unless a z::rinimum provision for ofÏ- less than one hundred (¡OO) feet. (2) That the use, will not prevent that the Town Board of the Town of the c€'iling next above it. the sale of farm garden, or nursery! building or structure a.i~ or may be street parking shall be made as follows: SECTION 505 OFF - STREET th~ orderly and reasonable use of per- Southold, Su:ffo~ <;J0unty, state of New 21-6TORY -HALF A story under a products' produced on the p,t'erriises or made available for sevtJt;t7) perman-/ (a) Hospitals One (1) parking PARKING AREA In the "c" Indus- I Inltted ~r legall~ established uses in York,. may ava~ Itself Qf the lXIwers. gable, hip or.. gambrel roof, the. wall of animals raised on the premises. ent or t~~porary sea.J<!l'he formula: space for every four (4) beds. trial District, no ,building shal~ be the distrIct wherem the proposed use is NOW THEREFORE, the Town Board .than two (2) feet above the finished.area on anyone (1) or ore lots ad- ,four (334) square feet p,."equ1red mo- (c) Dwellings One (1) parking area prior to the adoption of this Ordi- ItrICts, ty, state O.f N~W .York, by Vll'tu~ of I ,2~TRUCTURE-Anyth1ng construc- the premises on which it is maintained ARTICLE Îj. ' (d) Hotels One (1) parking space off-street parking shall be made as w~lfare, the comfort, the co~venience the authonty III It by law invested, j ted 'Or erected, the use of which re- and set back not less than the reqÙired' . {'B" Business ~''trict for every two (2) rooms. ' ,follows:. ,or the order of the Town will not be mg ordinance. " ' :catlon on the soil, or attached to some- ten (0) feet from each side line. ' District, no building or~,:" etn!8es shalI such ,as auditoriums, churches .and for floor area is two thousand five hWldred ¡ and Its locatIOn, and . kn~~ ~nd maY:be cIted as 'The \ the soil~ , purpose of ~ellmg or leasing of acreage, a~ter erec~ed o~ alt~~1Unless other- for each sev~n (7) permanent seats ,or I space for each two hundred (200) tmony with a~d PIOmote. the general 'Building Zone Ordmance of, the, Town I 23 STRUCTURAL ALTERATIONS or the selling of lots fii a subdivision, WISe provIded m thiS ,~dinance, ex- an area eqUIvalent to seven (7) per- square feet of building area or fraction purposes and I~tent of this Or~inance. of S,?uth'old, Suffolk County, New ,Any change in the supporting members lone (1) real estate sign, having a.n area cept for one (1) or mø~ of the fol- manent seats., . Ithereof in excess of two thousand five (b) In makmg such deternunati?n, York. " ,. of a building,' such, as bearing :walls, of not more than twenty-four (24) lowing uses: / ' ' (f) All structures where o:fficeš or hundred (2,500) square .feet. the ~ard of Appeals shall also gIve ARTICLE I I, columns,' beams or girders. , " ~ua.re feet, will be permitted on each' ,l-Qne (1? family or 'fro (2) family living quarters are provided over the r (b) All places of public assembly cO~lderation, among other things, .. . SECTION 10~ Definitions--.rFor the ¡ 24. YARI).-An 'open space, on , tb,e fIve. hundred, (500) feet, to one thous- dwell~ngs: ':~\1ltiple 0:' Uy dwellings flrst .floor, an additional space shall be' One (1) parking space for each seven to. . terms and.words are, herewith, defined ,and unobstructed from the ground up- hig~way or hIghways on which the lined m. HA." ~iqenttal nd Agricul- dwel1mg unit.' alent to seven (7) permanent seats. ,and pro~able developmer:t o,f uses in as follows. IW,al'd except as otherwise provided ?roperty fronts, PROVIDED said sign tural DIstnct -are 'Comp, 'with>' (g) All other business buildings (e) All structures where offices are the distn~t ~d th~ pecul1ar suitability Words used in the present tense in- herein.·' , ' IS Bet back not less than the front yard 2 All perlÍ1Îtted USes.; S outlined in where the groWld floor area is in ex- fprOVided over the first floor An ad- .of.such dlstnctfor the. location of any ~'Cludes the plural and ~e plural tlieopen space extending along the street· ten (10) feet from each side line and trict. , ' , . , , (2,500) square feet One (1) parking t vided fo'r each office. ( , (2) ,The conservatIOn of property smgular, tï;.e word "building" includes,:line of any street on which the . lot 'the bottom of sign be placed not less 3 Hotels,,' motè~,' motor 1:o'dges, space for each two hWldred (200) The forz:tula for providing an ade- ¡values and t~e encouragement of the ~e word structure", the word "lot"iabuts.' , . ,than tl1ree (3) feet above the ground. boarding h uses an~ similar establish-,square feet of building area or frac- quate parking area Is an area of three ,most approprIate uses of land; mcludesthe word "plott> and the, word t 26 REAR YARD-The required open If the þro'perty should have:8, frontage menta. ' . tion thereof in exèess of two' thousa.IÍd hundred thirty-four (334) square feet! (3) The effect that the location of "shall" is mandatory and not directory. I sp~ce extending .along the rear lot line <?f less than five hundred (500) feet, , 4. Hospi ,ls and clinitS, other than five hundred (2,500) square feet. per required motor vehicle Wlit. \ the J?ro'posed use :nay have upon the ~ '~CCESSORY BUILDING A (not a street line) throughout the the s-ign permitted shall have an area those for i*ectiou' 'or contagio'us dis- The formula for providing an ade- ARTICLE VI crea~IOn or un~ue Increase of vehicular , mg on ~ l~t ~nd used for purposes 27 SIDE YARD-The required open. feet and the. same restrictions shall or liquor 0 drug Æddicts, . hUndred, thirtY-four (334) ¡quare feet and Trailers highways;. . ' cus~omarily IncIdenta.1 to those of the !space extending along the side lot lines ,apply. fi-;-O:ffice bankl1inancial 1nstitu- per reqmred motor vehicle unit. SECTION 600 ' PERMITS RE- (4) The a.yailabI1ity of adequate and mam building. _ 'from the front yard to the rear yard. SECTION 301 uN' Hf!."'IGRT In tioms, telep one,· tetltaPh, ga.'3 or el8O-1 ARTICLE V QUIRED-No tourist camp :shall be e8- proper pUblIC or private facilities for able to thIS or?mance snaIl refer to, of 8. lot shall be the total area meas- Distnct, no building, hereafter erec- 6-Stores.) 'k~ SE?TION 5()().......:.In the ..C', Industrial any dLStrict, nor shall any tent, tent- 10f sewage: ~efuse, or other 'effluent the land exclusIV~ 'Of street åreas. ' ¡ ured inside all of its ooWldaries. ted or altered, shall exceed thirty-fiTe 7 Places of a.rnuS~ent. DîstrIct, all buildings S¡Ild premises, ex- : house, camp-cottage, house~car or ¡ (~hether lIquid, sohd, gaseous or other- .3 BOARDI~G . ANI) TOURIST ARTICLE n ! (35) feet or three (3) stories. , 8. Restaura~ts, ,œ"ry shops, con-· cep~ as otherwise provided in this; trailer, to be used or occupied as a! wISe) that may be caused or created HOUSES. A bUI1~g other. than a hotel Districts " , . Except public or semi-pubUc build- fec~IOnery or Ice ~~ shops or fac- Ordmance, may be used for· any use place, for living, sleeping or eating, ¡bY or as a result of the use; wher~ lodging, wIth. or WI~hout meals, I SECTION ,200-USE DISTRICT (ll~gS ~ay be erected to a height not torles. , ,.~;~f except the following: I whether charge is or, is not made, be ' (~) Whether the ~se, or materials for SIX or mo~e persons 18 furnished REGULATIONS For the purpose of /exceedlllg fifty (50) feet when set back .9 Publ1c garage~ (jr~;ìautomobile ser- 1 Abattoirs (except as a speéial ex- erec~d or placed therein, unless au- I inCIdental. thereto, ox produced there- for compensatlOn. , this Ordinance, the Tl?wn of Southotd,: an additional s~x (6) inches on all VIce stations When,j8;I?toved as a spec- ¡cept~on by the ,Board' of Appeals as thonzed by the Town Board pursuant I by, may gIve 0:r obnoxious gases, odors, 4. BUILDING A structure having ,outside of the' Incqrporated Villages,:sides for ~h foot such buildings ex- ial exception by m~\~ard of Appeals heremafter prOVIded), to t?-e provisions of the Trailer Camp ¡smoke or soot, a roof &upported by walls and whe.n ¡is hereby divided into thXee (3) classes :ceed the heIght of thirty-five (35) feet. as hereinafter Pro~i~tï, I 2 Acetylene gas manufacture or gas Ordmance dated June 30, 1953. , (6~ Whet~er. the use Will ~ause dfs- sepa:r:ated, by a ~arty wall without J of districts which' shall be designated I . SECTION 302 "A" BUILDING 10-Stor~e hOU$~~ ,~ttablea, express" manufacture from coal, coke, petroleum; SECTION 604--Article VI shàIl not, turbmg emlSsI~ns o~ electrIcal <lis- op~m:n~' it shall be deemed a separate I as follows: ,AREA In the ¡{A" Residential and carting or hauling, 'Øl.ces or stations, íor from any other product or the stor- Se de.emed to a.pply to the temporary: charges, dust, lIght, V1bra~on or noise; building. I U A" R~I? . AND AGRIOUL- .A:gricultura.l District, the total building ice' manufactur1ng,:~ds for storage age thereof., ; or !Seasonal camp of any unit of the I (7) Whether the op~ratlons .in pur- , 5 BUI~ING ,AREA ' The aggre- I TURAL DISTRICTS area shall not exceed twenty-five (25) and sale of coal andíMilding materials. 3-Acid manufacture. (Boy Scout.s of America or the Girl ~uance of th~ use wIll cause undue gate of the maxnnum .h~rizontal cross "B" BUSINESS DISTRICTS, percent of the total lo't JU"ea. ! 11 Newspaper Offi~ or job prirÌting, 4. Ammonia, bleaching powder ~ Scouts of America or other such 01'- mterference wIth the ~rderly enjoyment sectior: area Of the bUlldmgs on a lot, ,~C" INDUSTRIAL DISTRICTS', SECTION 303-uA" SIZE OF LOT_book binderies, laurlØî~ dry cleaning ¡ chlorine manufacture. ganizations under the leadership pro- by the pUblic o.f park~n~ or of :ecrea~ eXcludmg cor~ic~, eaves, gutters or SECTION 201 Tl4e boundaries of AREA In the itA" Residential and or dyeing, undert~ establishments. I 5-Arsenal. ! Vided' by said organizatioDB respeG-' tional facilities, if eXIStlllg, or if pro- , chimneys proJ~ll')g not more tho said districts a.re,hereby established Agricultural District, no building shall l~eamery, bUilt or cheese 6 Asphalt manufacture. ,tive1y. ¡posed by the Town or by other, com- eighteen (18) mches, st&ps, one (1) as shown upon the Building ZOne, Maps be erected or altered on a lot of an makmg, milk bottI~;' or distributing '1 Blast furnace. petent Governmental agency; - story ~pen porches, ,bay windows, ~ot ; which accompany and which, with, all area less than twelve thousand five stations. . .j..'f.'., .' '8-C~ment, lime, gypsum 0'1' laster ARTICLE VII ! (8) To the neceSBity for bituminous extendmg thro'Ugh more than one '(lJ notatfons, references a.nd other matter hundred (l~,500) square feet, or upon; 13 :Shops for c~xiters plumbers, of pa.ns manufacture., P Applications and Permits s.urfaced ~ce for p~rposes at' off- . story and not proj~ting more than shown thereon are, hereby, declared at lot having a frontage of 1esB than' black~miths, uPhOi8rwrèrs, 'electricians, 9-Coke ovens. SECTI~N 700. It shall be the duty ¡street parkmg of vehIcles inciden~ five (5) feet, balconIes and terraces. to be part of this Or({inance as if the one hundred (100) feet. tinsrmths, paper'~1in ers painters 10 -Crematories.' of the BUIlding Inspector, or such per- to the use, and whether such space 18 . 6-B~ING HEIGHT - The ver- matters. and tWngs set forth by said SECTION 304.-uA" FRONT YARD- tailors, dressrnak ~~,\\ ~uhtery shop: 11 Distillation of bones. son as designated by the Town Boa.rd, reasonably adequ~te a.nd approþr1a.te tlCle distance measured from the curb map woce a11 fully described herein. In the . "A" Residential and Agricu1- shoemakers, jewe1eriliwatch and clock 12 DWellings, all types. ' and h~ 1.5 hereby ,glftn the po.wer and, and CRn be furmshed by the owner level to the highest point of the roof SECTION 202 No building shall be tura.l Dwtrict, the required front yard ~akers, opticians, '\tical or scientüic 13 Explosives, manufa.ctuJ:e¡ or stor- au~onty to enforœ the. provisions of of the plot sou,ght to be used within surface, if a fIat roof, to the deck line erected, altered or used, and no prem- shall be at least thirty-five (3~) feet Instruments, pet~ls a.nd other ag,e. ' this Ordinance. . . or adjacent to ~e plot wherein ~ .of a mansard. roof, and to' 'the mean ,tses shall be used for any other than a from the street line. trades or uses o!~þnar grade. 14. Fat rendertng. i3EOTION 70.1 The BUildmg ~~- use shall be had, . height level between ea.ves and ridges 'purpose permitted in the zone in wþich SEC:~~N ~05-Where property in l,4-00mmercial' <\1Œ.s, piers, ferry 15 F~rtilizer manufacture. 10r ßhall r~qUl1'e that the applisatIon (9) Whether a hazard to life, limb for a gable, hip or gambrel roof PRO- such building or premises is located. theVIClll1ty IS partly built up with slIps, f€Try hou~B¡¡ff:ishing stations, 16 Fire works manufacture. for a buildmg per~t and the accom- or ?Toperty b~cause of fi1'e, flood, VIDED that chimneys, spires, towers, SECTION 203 The boundaries 00- permane~t buildings and an average boat yards, bus sta.~~ and 'terminals: 17-G:arbage, of1'al 01) dead 8.~, ~ying ?lot plan shall c~ntain all t~e erOSIOn or panIC may be created by elevator penthouses, tanks and ,simu1ar tween districts a.re, unless otherwise s~tback line o! more or less than thirty 15 .AnY manuf.ac.. 'n , fabricating, red~ctlOn or dumping (except as a! lru!ormatlOn necessary '. to enable hIm reason or as a result of the use, or projections shall not be included in indicated, either street I1nes, railroad fIve (35) feet has been established, no treatmg, converting, ~ ~ ishing, altering specIal excep~ion. by the Board œ: Ap- t;>. ~certain whet~er the proposed by the str~ctures' ~. ~e used therefor, the height. For building set back from rights-of-way or such lines extended buildings, hereafter erected or altered, or assembling, in co'~ 'ction with the peals as her:1D.after pro~ed). ,. o~ild~g co~plies WIth the provisions or by the maccesslbillty of the prop- the street line and where no curb ex- or lines parallel thereto or bOWldaries shall ¡project beyond the line of the aforesaid permitted and'which is 18-Glue, SIze or gelatme lIlanUfac_ sthlS Ordmance.. . ert~ or structures thereon for the con- '.. ßt$,the J;1elgÞ.t.,I1tªY~þ.em?~w.:e.d1rQmaL__8.!lbdivißic;ms.._~erß~....figW'e.s.._, ar~v.~a.g~,,_,setbaek; ~ ,~tablished. .', .,~..,neceS§ary ~QideI1t.~._ d aCcessory to t1.!.r:e. .' ,.-,. ,. ''1 c..-'o..:., ~c;;::u 702-:r:.:0 bUildir:g. perm1t vement entry and operatoin Qf fire and 'thè, average elevation of t:h.eground shown on the ,zon.mg maps ,between a SECTION 306 In case of a corner the preparatIOn Qf ar les to be s01d 19-Gunpowder manufacture, ut ,8tår- etL untiLthe...J3J.¡ilding'wIn,. .other.-::ro:p.er~"ap;ð1t. h¡y!~, '.-.. 's'\tt];'.oundmg :the building. . ~ . " ',stree-t and a disttict bo~cfury lm'e, they lot of, r~coi-d at the time. of the pas_ primarily on the pre or to the age. ~c~r has cert~ed that the pr~posed undue conc,entration or assernblage of . ,'7 ÐWÈL~G;:-ONE.., FAYILìY A inµicate that the district boundary line sage. òf this. Ordinance, a front yard performing of a servic" rlmarily for 19A ~utomobi1e wrecking, and all bUlldmg ,01: add1tion. compl!es wIth all p~sons uPo~ such plot; , detached building .designed for or 00- runs parallel to the street line at a shall be reqmred; same to be on a line residents of the nei hbÒ ,P od. 1ther Junk yards. . ~he provIsIOns of this O~dm~nce. ÜO) Whether the use, or me struc- , cupi~d exclt1sively by one (1) family. :listance, as so indicatéd. When 'the wi~h the average setback lines on both 16 Aècessor use g on ,.: 0 me 20 Oilcloth, or linoleum manurac ~ECTI?N '103 A permIt ~ll be re- tures to be used therefor, w:Ul cause , ,8 DWELLING, 'J:WO FAMILY A Ideation of a. district boundary line streets· produced to a Innint of in.¡.... _ 'th d Y .', he sa lot 21 O'led bb 1 th iure. qUll'ed pnor to the co'rrlmencmg of work an overcrowding of land or undue con- , .,' , . . ...,~ ~r WI an customarily mOIdental to an"!: I, ru er or ea er DlaIu,l:f°.n ti dd·t· to 11 ' ... detached -or ,semi-detached bullping js not otherwise determined it shall section and if no average setback hasf the be ' .) t _ . -...- for the erec on ora 1 IOns a reSl- ,~ ' . ,. \.. I' 0 a ve permitted ~. ure., 'dence, busmess and industrial build- (Continued on page 4) ; . . . , THE SUFFOLK '?~;,I FRIDAY, AUGUS,T 24, 1956 .-,'c_ _. ~~,- ~ - ,$" .... ......._---~ ___;""~_k="~..,,,""_ __ "'_ .0-"- ., _, , LEGAL,NOTICE LEl.'t~ NOTItE LEGAL NOTICE ~ NOTICE OF DAlt.ING for six or &.person:! is :furnished SECTION 2QO-USE DISTRICT ~ I NOTIOE IS ~y OIVEN thät Q for compe~ ' REGULATIONS For the purpose of ), ¡ public h~inS will be held by the Town 4 BUILn_ ..... A structure having this Ordinance, the Town of Southold, ',' Board of the Town of 6outhold, Suf!olk It roof BUP_, by walls and. when outside of the Incorporated Vi1li!,ges, ,County" New York, at Southold H1gh lsoeparated bØi,!party wall WIthout is hereby divided into three (3) classes \ School, Oälds.wn Avenue, Southold, in lopenings, it III be deemêd a separate of districts which shall be designated. ! the Town of&>uthold,' OoUl1ty of But- ¡ bUllding..¡ii; . as followB: ! folk and St.ate ot :New York, Q~ the I f),-.æUILD:" ;~;...åREA - IJ'he aggre- "A" RESIDENTIAL AND AGRICUL- \311t day of August, 1966, a,t 8:00 o clock ¡gate Of the' . .~.. m horizontal cross TURAL DISTRICTS I (D:OOT) in the evening of said da,y, 1n ¡section area.i~.'{;:"e build~s on a lot, "B" BUSINESS DISTRICTS ; the ntat.ter Of the adoption of a pro- . excluding C'~"\.i ea.ves, gutters or "C" INDUSTRIAL DISTRICTS pos.ed mnin¡ ordinance of the said' chimneys .,;ê:'::""~ not more than ~ECTION 201 The boundaries of Town ''Of aouthold, .as recommended to ! eighte\:n (1; :,þes, steps, one (1) saId districts are, hereby established the ø.ld Town Board by the Zon1ng! story onEn x: 'iJ'fes, bay windows, not as sho'wn upon the BUilding Zone Maps OOmm~lon of and for said Town, en-: extending t"'" ;", more than one (1, which accompQ.ny and which, with all ¡ ~ titled "Building ZOne oqiinanee of the I story and .~"rojecting more than notations, references and other matter ¡ S', Town of Southold," a copy of which five (5) fe l~!'contes and terraces. shown ~hereon are, hereby, declared I ~ ordinance ûs hereinafter set forth. I 6-BUILD,"",~iŒIGHT The ver- to be part of th!B Ordinance, as if the ¡ ~ All partiea in interest and citizens, ticle (listall ",%, urGd from the curb matters and thmgs set forth by said: ,~ will be heard by the T<>wn Board at' level to the".' '<:;6t point of the roof map were all fuIly described herein. I the public hearing to be h~d M eJ'ore- '8urfa££:, if a~'i.,roof, to th,e deck line I SECTION 202 No building shall be I ~ Mid. , 'of a mans'" ~ ~ I, and to the ~ean I ereded, altered or used, and no prem-¡ PROPOSED !height level ~:._ ,¡tren eaves and ndges ,ise5 shall be :Wed for any othe: tha~ a _ B ILDING ZONE OR.QINANc~¡'for a gable'.~~,3r¡: gambrel roof PRO- !purpose ,permItted in ~e zone m WhICh! U 0, F SOUTH OLD t VIDED tha~}~. neys, ßpires, towers, such bmlding or premIses Is lo~ated. ¡II TOWN 'elevator lien' '" ", tanks and simular' SECTION 203 The boundarIes be-. SUFFOLK COUNTY, NEW YORK j projection:;;h "~: not be included in I tween districts are, unless otherwise 1 . An ordln~e cla.s81fy1ng', regulating the height. ,,¡.. ,," ding set back from f indicated, either street lines, railroad I and restricting the h~ number ot the streit 11'''',(1. where no curb ex-1 rights-of-way or such lines extended! stories, a1æ of buildings and other' 1st..". the ]Wi.;::' ~" y be measured from ~ or lines ~rallel theretD or ,boundaries I structurel, the percentage of lot that the ewer¡lire ,~c· 'tl'On of the ground of subdlvlSions. Where fIgures are' mAY be occupied. the size of yards and surroUlHIÍlW I' 'building. !shown on the zoning maps between a! other 'Open $pacel, the density of poPU-! 7 ,.D\VEL·,¡" NE FAMILY A fstreet and a district boundary linç, they! lation, the l'OOationand use of bulld-' detoohul bl: designed for or oc- I indicate that the district boundary line! tugs, itruCtures and land 'tor trade, in- cupicd .';(f'}.' by one (1) family. J ~ns parallel to .the street line at a! dustry, remdeooe and other purposes, 8 DWF:L. TWO FAMILY A, dIStance as 00 Indicated. When the I (provided that such regulations shall detadwtl or;; -detached builPing ! lo'cat1on' o.f a district boundary line / a.pply to and affect only such part of designeel for ,": upied exclusively by I is not otherwise determined, it Shall; t.hð 4ìown outs1de the limits of e.ny in... two (2) faU;1'" I be determined by the scale of the map i oorporated vll1age), establJAhlng the 1 9Dln ,.",' 'f'-MUï..TIPLE ' A measured from a given line. Where thei boundarles of districts for said pur- buildir 'iorpol'tilm, thereof, designed ,street layout. actually on the ground,! poses 00 as to promote the health, Bafe- lor or 'F~; le,d, :1.5 ¡~ home for three (3) , varic,g from the street layout as shown! ty, morals and general weltare of the or m ',tDmll1e:; or households, living on the zoning maps, the designation ¡ -r:0wn of Southold with reasonable con- ,indev '~".tlY of ('üell other. : shown. on the mapped street.s shall i ¡ sIderation, among other things to the ¡ 10-. '...:::. GE"PRIVATE-:A building apply In such a way as to carry out! i most desirable tt..<;O for which the land used ,¡""~¡r'~ 8torage \]f one (1) or more the real intent and purposes 'Of this! ¡ of ea.ch (~istrlct, may be ttd~~ted, the gasoli '''I';¡~~;:~ other POw('r driven vehicles ord:nance for the particular area in; ¡ peculIar 15uitabil1ty for partwular use <ownel: :,~ twed by the owner or ten- question. I ! of a district, the co~nservation of prop- ant o!?Z'~'>:': lot on which it is erected, I SECTION 2M-Where a district I 1 erty values and the direction of build- ¡ a.nd fÎI!Le Htorage of not exceeding boundary line divides a Jot in a single! ¡ lng development in accordance with a, two (tj .~:i~~~,~; timml vehicles (not trucks) ownership at the time of passage of I ! wEll considered plan and [~1S() to estab- 'ownea\..~ eel hy othu·s. this Ordinan<Je, the Board of Appeals, I : lish penalties for violation oJ these! ll-t1.":C:,>;GE _ PUBr~IC A building as hereinafter provided, may permit; ¡ regulations as prescribed by the sta- other"" a private garage, used for the less restricted use to extend to the i ; tute-B. ~., ~ ¡ ho~J):~,. care, (?f gns()1ine Or other I whole or any part of such lot. { _ : TABIÆ OF CONTENTS Jpower..n \,('melcH, or where such ARTICIÆ III I j Short Title . Section vehle1~~;f, equipped for opcr~tioIl, ~e- HAlf Residential a~d Agricultural I'., : Article 1 Defmitions 100 paired,,~~i:ept for remuneratIon, hIre DistrIct , ~~ : Article 11 Districœ 200 or BîÛe.)~'! SECTION 300-In tJIe "A" Residen- i S:~ ¡ Article III "A" Reside~tial and ¡ 12-B/~,ª', -A building occupied as ~ial and Agricultural District, no bulld-! ~ ! , Agricultural DIstrict 300 the mø1i;é~f'Or Je:m temporary abiding m~ or premit,es shaH be used ,and no!,,~ ! Art~cle IV.. .:~" Busl~esg District 400 Plaoe~'''dividuals who are lOdging bUllding SIlal: he ,he~e~fter er~cted or í ~~ ¡ Art~cJe V C I~dustrlal District 500 with' '011"J'Ihout mealrô and ill which al~~red ~mles,) otl:envlSe provIded in t ~~ . ArtIcle VI TOUIist Camps, Camp there ~~m.ore than ten no) rooms thIS Ordmance, except for 011e (1) or! '\ ! Cottages and Trailers 600 usuaUy.J.Pie<l singly and 110 pro- more of tho following Use3: ~~ ¡ Article VI,I Applications and Per- 'vision <:,~~' fur cooJ:ing in ,any in- I-One (1) fmnily d\~û1lings. ~~ ; , mIts 700 dividuâJ¡il!artmcnt. 2-Chul'ches, Sdl~o13, lIbraries. ~~ ; Article VIII Board ot Appeals 800, 12A ' ~'!II9J\IÜBIIL¡¡; \VH.ECKING 3.."--Non-cbmmcrcml park5, play- : \ '! Article IX Amendments 900 AND AB,%iilOTHER JUNK YARDS- ,~- ' , I ~~ : Article X Gel1(~ral Provisions 1000 Land ðcilìed or to be occupiccl for ',' ,,¡ ~S : W.H, ERI;';AS all the matters and the stOr. of old v:ood, Impel', cloth (Contmued on page 10) ! ~ì : things required to be done by t~e Town or me ~~Jbwlmli!lg old Hutomobiles, ,= ,.,. _"<~ ~__ " ! ~S , ¡ La,..' of the Stale of New York In order truckS; .!neut, machinery, fixtures ¡ "I~ ': ~~a.t U;e -r:0wn Board of t~; Town of and a.p~~es ]lot ~t;j[lble, [J¡ orginally ,--'~."",.,~-~ '._~_._=-,-,,~ '. ~- ~ , ì ~~ ¡ ,~mtho.d, Sufl'ol~ County, S~,\te of New. design.edlrilhci at;!) mc!udmg any 1)01'- 4 i ,\1) ; conkrred by sEud Jaw have been duly equipm:"j)r ¡wu:hiw'J'j' ~!s are or may! I '~'i, ;emnpU¡:d 'with. ;be soldi').nd for juuk tHo nalvage,: ."",' '.', , ¡ i !~ ! NOW Tl-I, EREFOHE the Town Board! 13-LO'J';~è and m:enpied or to be oe-j NO'l'IC'~ 1" IU'j''',n'''' CI\'I'1".: , i:~ : 0.: th~e,'~own of SoUtl;Ol.d, SUffO:k COUll- . cUJ;>ied ~¥!. buDdin/,' l1:1d its accessory that aJ~Y P€~:'uu l;l"~~'t:¡~-iOj¡Í'; P1tl~ ; ¡ ~{ ,,, ; tj'. St,he of New "£Olk, by 'Virtue of bUlldinlEt'ztio'·cLhcl" wIth such open '¡'''f;' 1£,1. "1· r , .~. "t' " ,,' t".ir i "'.., h n" " tl M,'t . it b I { t d " ,'\','.. L. ,,' ..14, UI ~..lV lib ddY "A,'£Ât,,,>, .! f.,".: , ¡...~ ~' '. .L" ~:~' l,"'}~'Y 111 ,~. ~'1W Jnvcs e , s~aees'f\iS'·y...e rLfj¡¡jl'~'d Ul~(k}' tlu:; 01"- aSÌ!es or c1irt of any {rUI1 WI ¡W,; 'I"'~ " nerdJ.)' oHtuns and enðd." the follow- dmance ~_ ]1~lVJt1~; Its pl'1nelpal Il'Ont- ?"phl'" I" f¡ h,~y,:"" C'," ":"J.'.n I~ 1· ,. 'II \ " d' ,~ tHI.U¡" U ¡}U''\!''J ,... .'H,I",\".Jh ,.I ~. ~.: m2 o~l' -' mance. t' " age UP01lf1l p¡¡bJic street or ofIicially Uw '1oW11 w. ;:;umlh"U v.w tit . ¡ ,,~ ",; .::¡EC1ION 1--··11118 ordmance shall be approv~'~"'ce, " '.11,'1'" >·rp~.,(}', ""')1", b',' ',. ,. '.'.. ,',Le,....! ¡ '\ , 1'. I "'é.!î\I~ Á w d ......,L ,nuU <. J"h ;cdJ' pt..Chn,H, I ~ " 'kr;{}\',:n ana may, be cited as 'The 11 L ;>:¡'(~O¡"'J't;'R-^ lot c:it,n·,t,od "t ,..'. l"":g'l''''C: tu ., "'V' "'II· .[" "~ l'j"1' ¡.:.~ ;,s., \ I ' "'-_ . ,¡",,\,l.~_.! "'....,!b f,~_....'--!~... -~u t<lo ...,5r ." h _'.'_ ~~ <, "",,' i\ ~ a î. ~.~ VÁ v' _--~¡;, -, """ ~~_ '" ~'.' ....~'" 'Y=o~ A_^ ~A '!.e4 ,-J "., [," I· I:nHdln;3 Zone Ordinance of the Town tIle juu"""'c'c,,\ ¡'t' 'I "'f) ("). 01' l"{~II'(' et'l' '>1,,1'.<: , .'" 'J'l' l¡{:~'cr).'" ,. r'l'(l¡'~'\i' i'n' f- >'H "" ¡ ~A ~,. : \J -'-v__ - J .. - _.L.. ,£.Jo. ~ . ..;, 1..-~ ,-,'.pt! .....;L¿ '\ .....C'4..)\ b,\;¡¡')- _L~l:;, (,!..t! r Vf,:"~'''' ! ,,'I!! .'.. ,uf Southold, SuíIolk County, New 15 LO':fj "TUUOlL.~-A lot other' hiek or V¡'llkinf~ on ;'ny I-ildf'\vaJk ¡ ':~ ;, ! York," "'. . than a cc:f " rIot,. " or rid~ug a b1:~.relü on any rmu! I ~ , I iH....'IICLE I ,lR_T'O'1'., 'PC\TI0'f!-,-,"11 l';rn"I"uI' lor .... "HI",,,',11" 1'1 thn 1""",,' Ut '~ \I' -. 0... O!O,;' _£.-....,..- '"' ~-~_ i:~... t.......,.....t..... U \..0.1. ~,.¡..."'~<'-"~" 1.-...,¡¡, ... '" -J.¿\J '\..1' ,it: ¡..t. .i \~ ¡ SEC'I'ION 10~-Defil~itionSFor t~e l1avinI','Í\\Qitit :ô on two (2) stn:oets. f..;ou, t!wld ¡T í 1".... ; purpo:;e of tIns Ordll1an~e, certam 17-\'O'1''L1 ~\~'i--The ) jnes bounding, ',~ ,,' "' . ~ ,,'. '.' ~~ , : terms and 'Nords are, herewIth defined a .'ot '1" (11'1'1' ~ '1 ,.,..,,' , All PUdH1ij ,u e fu bHitUn dd'l 1 ~~ . i '" \Ie ,.~ h, lL~ cIn. 11' , t ¡ y, , ,--". '1£;' )'t~ '""1:"'> ';j!f>< '!"':>~,,'¡,., '.',. 'f:.] \.t:" (11' -'1 ~'1 I ~. ¡ as follmn;: 18-T"0N -l NTïlOR1\tI"~,Tr' unE_.l\, LcO) o~ t{J ·::h.,:, H '''1.. .:JL, (n u..1y 'lic" ¡ '\;~ : ~"... 3.'-';~ ..I, '.l. 11.'" _"T ¡::;.... }"""i~l~ 'Y.~-ít J''t , <i',\lj°f;' (~'"" r't1-"p' lr"rU{ ()f- t ,,, 't1¡r(,.,(l" l'''r'd ill thfi present tens'" in b' ,- ,q' . J " 1.....<.: .ok '.! !I,;,.., II d.',. ..LA'i " '1, " h ó'¡' .1.' ....,- ",.. v - UllCill]n' 1)1' L\" " ,C': (JC"ttl'lP(I )'17 '!, tJ,:n i " .. . . ¡ ", lb.,.,." oJ t, J '. J L .".... I ,}',')1"('T'("'I" (, ". ' '",,,. 0"(>1' i '." ~ . :('1'1"" tYle 'f'ltlI1'e the sI'r\ð'ular Ill'mber tl t 1 "".è%r«P'" . '1 ,¡ 1,),,,.1.1,.,, .'U ..¡It".">-) ".- dL. I~ ,¡ , . ....,.'. , '" '"to · '}"" ( oC" 1]1]Q.", "'1'111 \"1'"11 t In 1'('n11 I . '1, ',"",,' 'I ¡¡.,\o ' d - ' '~_~:,._;;'~> _..~J", t'V L ''''-'......-1.;.J - o"'jJ(\(''J C~'11-".,f~q(~~\ t"1nt!~~)1J,r ~~<->'f1iq~'r~q~,- !~, · ¡induQf;S the plmal and the plural the I t"r" If ·]l....T"': 'l".t.'. " ",," ., ¡ .j.,~ ~ 'J,uJ",t" ,11"""" ,! ~",.L",,,,,,H·U 1.."- , ¡ , a 01.1., L t. "1';;".. (is llCt 11.. \.h.cn It. ì . ÎI" ';"'"1 '" U" ,,-'''' 1)',¡"IÜ' t'pay"" 1 ,,'i, "ic"""'lY"''' tl"/', "'''I'd "bUl'ldl'TI""" l'l'lnludes' .j l' ·'>¡t1;'" n ,...V .",1.1,_ 1. n!AJ ",IrA', ,..11 I'L · ~:";œ¿J :-¡~. .:t.., ~...- \'V'\.T ç:, v IS "1 1"-) (-\. 1 '::,!1'i,/':, ~ , .- & . ., ~ ~ · d ,J ;....1'- ',t-..o -O,;"-"i§¡gC ¡ , i~4¡,-1·\,""'TH'"''' "'1't fLrr~ "1~"~H---l ~"~1 ~"f"n1 1-\ . if' ; t'1P V'Ol'd ""tru"tul"e" tl1" V· _I "I t" ' '".." . ' ~ ' . , '~'; ~AA,~ L ,,' <A,I¡ 1.t d~~. II ,; £ I, L "C',;'. ,tL' f I ..'*' , ¡ " . ,J... ' ,!... ~OH 0 W-~":.;l'.L¡,j',j;~P!B he 111111UnUm 11u1'1- . ¡I..' ." j IIICl"('c" tl1" n'o"'d "IJlot" and th d ,. ".¿,.~~ . , iJhl. II ':.," ...{.~ t; w .. < e wor zontul O!~:¡ ;;n_Jjetwecn the street or,' "j ...-; - II ";.~han" ," Inanc]r'tory "nd not dl'rectol"y 1 t 1- ,.··)rt~;~ 1 ~ "·11" 1" F· I·I'! "1' ,'In', ",.." " "'''''J ¡ "..t, I *P ,h~ L ..0.' n· . O~ 111(~ {jlt~~;~'J.(e, or rear, as tl1e ~ ~~ ~ i~'o"J J },,' tH..,~'~ itj.~. t.:t j..Cl!(~H.,- 11,; 1 ACCESSORY BUILDING A )""'. ~ í f·' t· ~" 0'1' I ","" f'{'" ! \ä · _,,..,. ~ ~ - - ",""c'" " . ,. , . ~ .. '" ".~ -; F'.. . , \ _ ~ < ,c.. - ... @;i! ~ <~A-.J '~'h ;. ' _. case I1l;"ì'y ì;(::l&;~~.tllO htllldll1f:f or al1Y.~~ ,~;~o {,~,lJl.h;t~1~itj_ it! ¡~':<',j?iU.tJJJiJ'j ;t...",.,~ I bU.lld'r~'''' "'¡'nOl'''' l"¡at" to tll" In' 'n b ill 'j . ¡,~,.. , l' ,. '\1' PT,' .,~ ,n '1' ,(,11 u.'" I . 'I ,.\ P" , ' 'I 'I.. ¡ " j "-Qt iJ ;t J~ '\--'. ~ - ç' \; al ~ (' - IJl'{)]eC :lnn" ~OOf, CXCltl(iing~ GLCIJS, ¡ I, \,- !Ú.-",_ ~~ ".,L t :;'1 "".,.;.<, \", J .!' ,, \'.' "d~ jJ?~'_'L_' J~ If,r , ",,1) , : m?~ on a 1r~t ~nd used for purposes OlH.m tl'l'l';L)(lf1:~,.d bay windows not;, be l~Horced agam'.;t all ["'i ¡:, ¡:: i "'~ : customa~ily H1CIdental to those of the prOjU~~i,l~',L.,~;'~than f!ve (?) fee.t. ; convlcte"~. f I ~~ : main bUIlding, ! 20--S [(¡Ie' ......at portIon 01 a bmld- : . ¡ \~ ¡ 2--AN A?RE ". ' An acre as applia- ing inclIHlill.w:fBtwecn the surface of. }tuiiH¡íUJ¡ ~'h"~ '¿, , I ~~ ¡able to tins Ordmance shall refer to any nOD)' :11J,{f;,~ surface oì the floor ¡ 'j¡'f,"ì.H ,;I¡}U'Ii", ,:, ! ~'\, ¡the land exclusive of street areas. ncxt aliUvi' l'IJ.mr if there b{> no ,floor '.if r UJ.:!H'.':.~';: I )~ ! ~-:<:AHDI~G. AND 'l'OURIsrr above ~t: U¡!'l1~&gpace between it and 'fowl! or ;'."",,' I ~~ ¡ HOUSE.S, A bmldmg other t~1ml a hotel the ef'll]];:: n~ above it., 1'\ 'h 1 d ' 't1tA¥' I · Ií! 'W' .ere 0 gmg, with or without meals, 21..-,S'TORY -~F A stOry under a i "'2M ,_........,_,~"".gn~'"'' # , J "4'", . , #" ,gable, hip OL'·'¡lYnbrel roof, the wall ¡. , ,_."'__.,_~ '"~,~."_='" ~=_"....___~,~~~g , . plate:; of v'll!.~ 011 at least two (2); , : OPlJOfJHf' [';;1o_.1" walls, are not more I " ! than hvo ¡ 2) :.t above the; finished I '. ; ! floor of :;iHl1.ìI'bôry. ( !. I 22~STnUU~E- Anythingconstruc-, : : tcd or eJï'ct~;.<t1the use of which re- \ ! quire:¡ a more.,.o1' less permanent 10- ' I 1 . _ ~. ..i J ca.tion on 1 n0 ..i, or attached to some- "". thing' ~lavj) [j;¡¡~p )rnlanent location on ¡the sm].i" 2:~-S'TnUC~AL ALT~RATIONS-I ! Any Cha~lg~ Ul,~ supportmg members ~ lof a. bUlldlnfl~m1ch as bearing walls, I columl1!i, b(·aq., o.r girders. I t 24 ' Y AHD-Ã'tl ,ÆÞpel1 space on the same lot with e.' building, unoccupied . and tlIlobl;tructßd' from the ground tlp- ! ward except '-as otherwise provided herein. 25-FI:.¡,oNT ~A;RD-The required open space e:xte~r along the street I' line of any ~e!t on which the lot abuts. '.' If 26-REAR Y~The required open apace e:xtendlgt Mong the rear lot line (not a. f;tree~ lIne) throughout the whole Widt11",. the lot. s==j~~~;h;;rc::~t :: GREE: from the'bn t yard to the rear yard." 28-SIZJIi'OII' LOT-.A1ì:EA The area 125 Front St. DK PARTY :e: :ft~l~/~~ ~~~~eas- OPEN 1HURSD, ~partment was Harry Geehreng II M ARTICLE IX :owmM .. r _ . LL__l.iL I - -""0 -- - .. 'iI'....,_ ....11.LAI g V J: JJ V... ~~~J-.."~~ l-e.:~:; .~~~'!~.!C~!~_~~~'~ .}~!:~~W\~·~~~~~~~~,~~~."'~'···~··_ŸJ~r "T: ::.2:; ~UlT~~1 r"l . 1\ ...., r ,', ,. "'_"'~'. . ."r_ . 1 ...-. _ ABOtJT $55.200 nOcNAT11l) LEGAL NOTICE , LEGAL NOTICE :¡.;. L. I,. IIQSPlTAL :ON DR. DONALI) CUR1tn~ DAY í authorizing Ðu(~h perm1SSive meB, hn-SECTION lOO3a. ' All 1a.bor eämps 1 ~~ such conditions and safe¡uard8 where provision is made for the, hoUS- (Continued from page IJ ! t\.'\. it may deem appropriate, necetk~ mg and feeding of transient help re- I .'-~ .....,."..,. ~. ~ ,()f desirable to preserve and prot~t 'iardl~ of the number ~ be ßCCOm- r..Ú'. ]""'verctt Tuthill, fonner super- UH~ spirit and obJt~ctives ot tl1i3 Or.. modated, shall first J:11e~t a.U require.. \·'Ümr, ga.vü an address em the hl;;- dim:mce. IDent 01' ex15tin¡ law. Farm ,labor tory of Dr. Curri(~'s . to an \Vh€'n, in its 1udgment, the public camps on !axnu slutll not be loca.ted eUnll11~~ Shclh:1' !bland. Mr. 'ruthill was eouvenitnce and wù1f~U'f ~nd juat1ce nearer to any other rel$idenc~ than to !ollo\,,"t:d ~)y Dr. ¡)caul Dicfenbaeher. will be :mb5tantiall:;l serv~d, and pro- the residence of the employer ,except ;:.ecretary üi tho 1<;astern Long Is= vidrc! that the legally c-stablL!hed or as a. special exception by the. Board land A.¡;¡Sl)(Üutlon, who de1ivt'n:d a permitted U1!>!: of neighborhOOd. proper- 01 Appeal$ The locat1on of any other . spe('(~h pn:pared by Dr. Arthur tÿ' and adjacent use, distrícm will not labor camp or camps not on fa.rms shall LimmlZ(: lor the Ji~al}tern rÁ>'n¡.,~ Is-' be ~ubstantially or '})ermanently 1n- be subject to the' fLpproval ot the ZOn- land Hospital. l'vrr. John Piccozzl, 'ured, the Board ot Appeals may, &ttðr lug Board of Appeala. president or tlu; Shelter Island public notice and hearing and ßUbj6'ct SEOTION l004-In any district, no Lion..') Club, pr(~Bt'nted Mrs. Currie to appropr1a.t-e conditions and øUe- Public Garage for more th,n three (3) with a. suitably inscribed silver tray guards as outlined, authorize the grant- mot~r vehicles and no ¡asoline vending from the people of Shelter Islr:md. lug of B permit. 5tatlon shall be erected. or altered and Supervisor Griffing then announe- (~\) Wher<~ a díst~ict boundary line di- uøcd within two hundred (200) feet of m,:l thü amount of money raised for' vldes a. Jot which Is proved to the øatts- any pre:m.iße$ used for ft publlc school, the Dr. Donald li1. Currie Cornnu'ln-' faction of the Board of Appeals to futve public llbrary, clJ.w:chí hospital or or- örative Fund. At the time of the been in ßingIe ßnd separat.e ownership phanage. presentation the m110ullt was $t>4,- at the effective date of thb~ Ordinance. SECTION 1005 PUBLIC PARKING J 600.00 but tho fund has now reach- ! and the total area o.f which Jot has PLACES-No public parking place. eel over th(~ $55.000.00 mark. !not been diminißhed or increased tinea shall be conducted in any district ex" At the- cnd of tl1c program Dr. ',mch date, the less restricted use may cept :as a.. special exception by the Curri('!- ft:spondcd with a brief me)-, be adju5tcd to extend t.o the whole or ¡Board of Appeals. dE'st speedl in wl1i<:11. 11e said, U'ro anvpart.of such lot but not more than ¡ SECTION 1006 On any corner lot, the nu:mbers of tho Shelter Island fifty (50) feet beyond the bOundary 'no wft11, fence or other structure shall Lions Club who sponsored this Una of the use district in which said be erected or. altered, and no. hedge, {:Æl{~br3tíon ; to (~\"cry mother and lot is Ioo;at-ed. tree, shrub, or other growth shall be child who crone here today; to, <b) It the less restricted use shall maintained which may cause danger everyone who contributed to the be extended ten (10) feet or more ¡to traffic on a street by obscuring the ho..<;P!tal fUl1~~ n(> matter how little, within a residentia.l use district, a ¡VieW, minimum of twenty (20) feet. I gl've thanks from the bottom of permanent Qpen space for a rear and. SECTION 1007 NON~CONFORM- my hearf::' , , side yard of not less than ten (10) ¡ING USES-The lawful use ot a. build- . !~medlatel~ afte: the, cererr:o= feet shal~ be provided for and main- iin~ existing on the effective date of 11:e5 the spectators .tttended a P1~ tained wIthin the lot area :as so ex- ¡this Ordinance, or authorized by a ~I~ 5upp~r. on the schO(}l at~llet~c tended. Also in such event, if the less :building permit issued prior thereto, fle~d. Aft,cr the ~upper Dr. Currle restrict-ed use be extended more than may be continued although such use t:t.n:ew out the fl!s~. ball for the ten (10) feet, the sa.id minimum rea.r ¡ does not conform wlt~ the provisions Llt~le L~agUe exhIb1tlOn g~:nîe b~- and side j'ards &hall be increased by lof this Ordinance and such use mq"y be t,\.¡een S.\.g II.arbor and Shc1t~r 18- one (1) :foot for each additional ten ,extended throughout tÌlß building law.. Jand. , 'rhe fmal SCOff: of th~ game no) feet ot BUch extensIon. ' tful1y aCQuired previom to the said da.te. WM 9 to 7 in f~ vox: of Sa!, ~:¡lrbol':. b"'ECTION 802""~The Board of AP-: A non-oonforroing use of a building Dr. tU::d ~{rs. Currie. attcl:.dt"d the peals shall make rules as to the man- ,:may be changed to a wre of the same :recep~lOn .£U~d dance 1~ th.Cll' l~ontor ner of Wing appeals or applications' or higher classification according to that even~nb at the, Oard!nc:rs ~~y for spedal exceptions or variances. ¡ the prov1..')lon~ of this Ordinance. co~ntry c.lttb." :Vher~ they 0.;1'1 ved . SECTION 803-Upon the filing with Whenever a dlStrict shall herea!ter be Mrs. C~lrrle was presented with a the Board of Appeals f 1 changed, any then existing non-con- bouquet by Mrs. EUiott Dickerson of an appIi t· l' f 0 ~~ appea ti ortorming use of a building in such . ,1 '1 d '. ~ C1 b ca 10 1 or spec a excep, on '.. for tIle She tel' Is an L1C>ns u. or variance tl 130 1 f A ù h 11 changed dlStrlCt may be continued or Th H . 'ru . dd' i" ,Ie ar< 0 pp.ea s s a ere 'Was a ...~, 1 we lUg ann - ii t" d I! bU h changed to a use of a similar or higher ~ . , '. x a une an p ace or a pu c ear- .. verbary '< ca~c.. In }~onor II' of .r~r. :In? lug thereon and shall give notice there- cl~lflCatIon, provided aU other regu.. Mrs. CurrIe S 25th .mIU\' ers.lr~, 01' ! 11 ,. ì latIOns governing the new use are com.. which wa..<; Sunday, August 12th.¡ (~~y owsblish' ti th ! plied with. Whenever a non-conform- 1v~r. G. Roy Lucas, secretary, pre- in :ccorda~~ Wit:~h: ~'Wc: La:t~o !ing use of the building haa 'been dis- sented Dr. ~rrie with an hono~- ARTICLE IX ¡continued :01' a period ot more than ary me.:mbel'ship in the She~ter Is- Amendments : two years, or changed to a higher land Lions Club. Festivities ended SECTION 900-Th' To :B ard c1W5Bification, or to a conforming' U5e at 1'30 ¡ e wn 0 ' ' . '.. " .., ,,,. upon its own motion or by petition ,anything in this 8ec~ion to th~ con- I.ú'\RGE BAR...~ A~"D FARM ¡may, :from time to time, amend, 8U1>-; tmry natwlthstand~, the oon-oon- æQu~tm\'T DESTItOYED ¡p1ement, change, modify Q1' repool this :forming use of Buch building shall no IN SPE(,'TACULAR ¡'''IRE I Ordin&nce including the Zoning Map, longer be permitted unless a varlance . " Iby proceeding in the following manner: ¡to such non-oonforming use shall first (Continued from page 1) I SECTION 901· -The Town Board by,ha.ve been granted by the Board of __." ~._~ ~RMolutlon adopted at a stated meeting Appeals. Baturday was indeed .a. busy day shall lix the time and pl.a.ce of a SECTION 1008 TIDAL for Chief Robert Whit.e ot the public hearing on the pl"OpOlJed' amend.. When the tidal 1a.ncls are not shown as Greenport Fire Department, .for in ment and œuse notice thereof to be zoned on the Zoning Map, they shall addition to directing the battle given as folIows: lbe considered to 119 within the "AH against the flames on saturday (a) By pubUshing a notice thereof J Residential and Ag:ricultural Di3trict but morning, at about 1:00 p. m. in thè once a week for two (2) mcceøsiTe no structuré erected thEn;:ein sba.11 be afternoon he was called out on a weeb In two (2) New&þàpenl of gen- erected upon such lands owned by tb8 still alarm in the residence of Mrs. eral cireulation published in the Town. Town ~ Southold except upon the Ø1p- Fay Marshall on Bay Avnue. BeV..! (b) The notices sh.a.U state the 10- provaJ. df the Board of Town Tnusteas. era! pans on the electric: stove in cation and general nature of the pro- SEOI'ION lOO9-VALIDITY-8hould th~ k1tchen were giving off clouds posed amendment. t any section or provision of th1ø Or.. o! dense smoke. Mrs. Marshall was! M) The Town Board, belore MVel'- d1Iw1ce be decIared by a court of not a.t home at the tlma and Chief t!s1ng tor public heartne', 8ba1l, in a competent jurlsdict10n to be invalid, White, assisted by other members Written request, 1nstruct the Town such dooisloIUI Bball not e.trect the val.. of the department, took out the Planning Boo.rd to prepare an ofrfcl4l ·ldity of the Ordinänce as a whol, or screens in the kitchen windows report defining the cdnditions de.. any other part thereof. and threw the cooking utensiL,> out øcr1bed in .. petition a.nd determIne the SEc.n;¡ON 1010 INI'r.ER.PR.mTATXatf, doors. There wa..<> no damage.- &rea so affected with their rooommen- PURPOSE AND OONFLICT, In in_.. Both the East Marlon and Orient' dation. preting and applying the provisions o! Fire Departments responded in' SECTION 002-In case, however, of this Ordinance, they shall be held to case their services were needed. a ,rotest against such cl1a.nge, signed be the min1mum requiremnta tor the " , " ..". " ; .by the owners at twenty (20) percent promotion of 'the hea.lth, safety, moraIs' 'f\''ELL K....~..IOWN ARTIST TO or more, either ot the area. ot land or the general welfare or the Town. It HOLD F..xHŒlTION AT OLD included in such proposed change, or is not intended by t1ús OrdinMOO to in.. ~H()()~ UOUS,E IN ORIENT; 'of that immediately adjacent thereto, ter.rere with or abrogate or annUl any . " extending one hundred (100) .feet, Town Building Code, or any rules and ' (contlnuM from page 1) therefrom, or of tha.t d.iroctty opposite (regulations adopted, or issued thß1'te- ~ . ., _" thereto, extending one hundred (100)' under, or the rules end regulations of\&! as~.nstant art dlr?Ctor at Gr05Set teet from the street frontf4še of such !the Department of Health of the Ooun-. i a~? Dunlap, 1?ubl1S~ers, where she opposite land, such amendment shau;ty of Sutrolk, a.nd not in oonfllct witi]; dm. book desIgn, l11ustratiOll a.nd not beoo1ne efrectlve except by the ~any of the provisions of thm ~""'¡ it' call1gra~hy. She ~<j at present free- .favorable vote of at least four (4) lance; PROVIDED, however, .'£1;1 !ancíng .111 that nerd, and also gtve£~ members of the Town Board. ¡Where this Ordinance 1m];)Ose.s It '..,~: .". mstructlOI1 ~n painting either pri- SECTION 903 At a public Bearing" restriction upon the use of bundtnll~C.:-èJ0, ,,' vately or 111 groups. Sile has :full opportunity to be heard mall be/ prernißes or upon the heig:ht of II' t~ught at Parsons SChool of De- given to any cItizen and aU parties In bUlIding, or requires larger open .".ý,Jj¡,' sIgn; .at Bel:m;~t~ol~e~e, MiHbrODk, ,1ntere8t. ¡than are im:J;>08ed or required b7 .""".,~.;;...,.' . N. Y., a.n,d ..t.t Su~lms College, Bris-' A.RTICLE X Ordin~nce, rulœ and rerulatÎótiIP:' ~ol, V~., a:ld, has conducted paint..! General ProvlsloM ¡provbnoxllJ 01 this Ordinance Ii1df[.'i"' , :' lng classes at the !víontcla.lr Art· SECTION l()()()"""'In a. Residential and. troI. ,~¡¡;, ,.,' ., Museum.. ", . . Agricultural Disttict where a lot abut."J I S~ON 10U R1tMED~.i~0~' .~~ The exhIbit may be vIewed 011 on a parkway, the lot shall be con- j any buIlding or structure Ia";:":' ,,,:I satUl:~ay: Sunday.. 'I'uesd3;y a,nd sldered to front and have a front yard ¡co~tructed, reconstructed, d ,;:~':;':; ',' ,III rrylUI:':Ida.y from tNO untIl fIve on the street and also on the parkway þa.1Ied, converted or m~:i;'[C, ,." I'i[i o clock. 'all.d v.llere the buildirlg accords with any building, structure or _1~~~~, ' ,: ,li~ " . , ' '., ,thIS section, It private accewrory' ga.rnge in violation of thùti?,\~,~:;t.'1;!.¡¡¡;~" ~~: ~~:[ . ., f1io(Jd Clotting I may be incorporated in the building or· any regulatiolUJ made :p '. ,?~'~: ~l~~:'1¡ii~ {H Scwnt¡f¡(~ n'sea~eh hr!!; Rho'\vn that 'attached thereto regardlea..~ of distance in addition to other remtll!}¡~'k'\Ì;\\';$~'? .'~., the hlpr)l'<;: c'rH-nd ,} . , . 1: t by 1 ' ".,"' q ..[ '. ": "t... .iht.¡"h nWl: ,UHllSn1 18 { rom ß reet.1!!. ' . aw. any appropria.te ,"·%[CI%,t"k'[,~l'-itJi.,,¡,&fu[:,. ',," dcfH:¡~(::~ .~~ff{>ct('.d h~' .vanous kinds I SEG'ìtf·IC.lN 1001 _ Notwithstanding 'Ce('din~ whether by l"~"i!ji~.~';;i~;~i,i' of 5;.(",5. dottmg t:me ,may be any ötÌwr prov1.,>lons of thL! OrdInance otherWIse, may be lnIt1[,'i"t"")¡;i"'i%'WC,;"d!! . ie~gtnened. .~n~l ~lecdm.g time pro.. 'all automobile or other junk yards in to pre:vent such unlawttat~¡i~?";"'~'ìfÌii;~l~;i'~'Ci$~i'~:' to.,...fe;.l. . TI~?, l~ excec{~mgly imp or- ! cxist('mc(~ and in effr~ct at the date of structum, recon.8truct1œ1:",.:i'~""',!"¡i'::~. D.. In surolca opera.tIons. tl i d' h 11 i 'P'tir e . 'qè,,;;; .' '. "....' í 1 B or Inan~1 saw thin the ex- · , ollvel'ßlOn, mì'Ûn'·"·";";i''';~~;¡;c;,¿;cc;' . ,.", ,', " "..',.. ,_ ." "..~ __, " ; pimt1ol1 of 3 years from same provide to re3train, correct or :;'~:;~":¿\,:;¡¡~;,,;;~, . ;' suitable scrcrming in the form of golid laUon. to prevent the ,¡i"ç;~n@i¡~\¡1%,,(t~t!~.. 1'..., .. .. 'O'" 11 .. · .. ... 'II T ,. ... · . .. " .. .. '" 'O. ;f. I h d buUd'r t t ;" ".,;, ". .,;IIl!'.d: , cne ng or e ges completely around 1 19, sruc ure or _..:i',; II ' the periphery of the area u..~ed for such vent any iUegal oot, ~'~\;~"'~'0i"i{¡;~ I a nos ' storage purposœ, and the type of fence or use in or about su.r"p;¡·'t~~~1¥i'ë';0''F~::;'" or hodge shaH be subject to the ap.'¡ SECTION 1012· l'.ti;:T~¿:~~"i:;~ 80 I proval of the Planning Boord. ¡ 1i!.11Y tU1d every violà'filit;~;.Z'.\,\'ii"";;¡; ~r UGHT - SOLD ' SECTION 1002· Notwithatanding vision.'3 or th1l or~ì~~"¿~~\\\1kjßii¡¡Z.~ s.ny 6ign or commercial 'b1Ilboard In ex- ¡ lng or premise4, W~I.ltP)\\\~"', (1.. RENTED _ TUNED.. MOVED ':istenœ at the effective da.te of this Or- : have been COmmittm.I~~;"if~~~ons dinancc in a Residential nnd Agricul- ìanð the ¡enera1 8i~~,.~{'h"'$"';:;~,,~, . .. .. , . tural District, shall, at the .expiration ¡ er, ~ntractor or any ~?:;}'~~:~;i~" GriffIn s MUSIC Store of five. an years from such date, 'bei,knowmgly COmmlts'~î.f'?:1Who , d1scontmued. The Board of AppeaIs6isf;.,Q in MY truch.'\ ":"i~~ti'or ,as- . ,,' ' ' . 14 as a special exception as herein pro- w1:uc1} any such væ' i\"~%:'n'~ in ""_~. . U -1 L .1 .J.A R J ... .. .. III ... LI" .1 IU II ... I]] .f h 11 be wit - - -"·~~b?;:~·\-",}:,·1IIIì exist vided 8 a g y of ø. ,. "'.' ,.';',., ",.'" ' , ...~.; c , , , , -' " ,."",,..~ 'H 8EÔT.rON l003~ ~The PlannIng Board I wC(!k's continUedvMí\?[:,¡;~)~~~:~:~r. Each LEGAL NOTICE shall study the application of this Or- JsUtute a aeparate 'i"i~'f:{';:;;';iJ;~l1 con- .' . d1nance and sha.U, :from time to time, Such fineg or ~.:r'i:,; "VloIation. (Contm.ued from page 3) recommend to the Town Board suçh lectoCd as Uke tm..i?*;;{I¡~, be col- (12) Wh th the to be opera-tad cl:1.m:l¡ ,in tb 0rd1n d by la.w'h¡¡¡""""""IB~1lected . e er use ' . ,N' & ~ an in the f ':'i1\~~:J¡1rt';?¡\" i ' is unreasonably near tel a church. boundf.UiM at' the nt1o'lJ1l dfBtrictð u, Dated; A~t 9tl1j>;.~ii§i1iit~'?~i': " ... ' other place of public a.ssembly. 1mote the health, safety. morals or the~I'IÎlr~' wn Board (c) The Board qf Appea1B shan, in general welfare of the Cômmunlty. '~Q1:~~õth, .-- COUNTY OF SUFFOLK f STATE OF NEW YORK 5$. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk' County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch· man once each week for ..(f)~....(/i4., wee '1 . successively, commencing on the ........../.1.........,.......... ~~; '!; ~ 57 day of ., ........,.., 19,...... , ,'~" ...,.þ~.~>.,,'~ç...t;,./{:,::/i.~.~....., -g.j~' f' , ; '~1~ . :'¡i" >.- Ú Sworn to before me this ....,/.7....,.... day of .,.~,......19ª7, ;')- ..........lMA.....~......... Notary Public l" I,,~ _ ,~.[1El: PA~'NE ~..,~. y r~ .::: Si:,,!J cf r~ew York ,~',:;,_. i} 10 0:.1.-fú/: C:'J..~y riù 5J.· '1' --) C " . - ~ - ,.u... ommlss:on Ex.pires r..1ar,;:h 3D, 195$ " Jt' ....~ '. '~....' - ','~ .' . j I (Continued from Page 12) dina'~ d· ..' :.,. .'. '.. . .' . : .. .. . .' ..., . .... '. :ce.a:µ shall, from tIme to time-" , . operatIon andexpansI~:m thereof; and recomme~d ~. the Town Board such Such fmes',or -~~naltIes shall be col- · '(12). Whether the. use to, be.QPe.rate.d Changes. In· ~hèOrdinance. and in the. ~ec;ed as· lIke.' fmes are.' now collected is . unreasonably near. to a.' church, ~oundanes -of the various districts 'as yaw. .! :school, . theatre, . recr,eational 'area or ..It Shall deem: advisable to fu:rther pro- The Town Clerk of th· . .other. place of pubhc assembly. ". . mote the health, safety, morals or the Southold' is hereby authori:edTOW~d~= . (c) The Board oJ . Appeals shall,.. in generàlwe1fare.. of the community. . rected to enter this B' 'ld: an. 1 ;$\,uthorizingsucI: .permIssiveuses, im-:-: .' SECTIO~ :1003~. .ÄI1 labor camps dinance in the minu~~ :g t~one Or- :~,.uch conditions a~d safeguards, where proV1SI~mIs made for the hous- ,Board. to publ!sha COpyfhei."of T~,:~ ' .t.i. it ~y deem appropriate, necessary ¡mg and feedmg of transIent help re-, ~lusive of the Bunding . Zone M~ ! :~r. des~able. . to .prese.rye.and.. protect ¡ gardless. of. ;the number to. be. acoom~ . rncorporated herein once in the Lo~p i t1;e spirltand objectIves of this Or-! mQd~ted" sha~l ~first meet. all require- Isla~d Traveler-Mattituck Watchma~: ¡~mance._. . .... .... ,ment 'Of eXIStmg law. Farm labor andm the SufIollt Times, to post a co ì " (II)~en,initsjudgment, the pu~1ic camps on farms shall ~ot be located t~H~reof together wíth the map' on t~~ i ~o,nvenlence'an~ we1fare~ndJUstlceµ~~r ~o any other re.sJ,denc~ t~antq mgnboard maintained 'by him pursuant ¡ 'will. be substantIally served, and pro-! the resIdence of th? employer except. .to .:row~ Law, and to file in his offtce II · 'Tided. that the leg~llY' established or. as a ~pecial exceptIO~ by the Board ~fildavlts <?f such publication and ·post ¡permltted use of neIghbol'h'Oodproper-, o,~.AI?pe~ls. The location of any other mg.. . . ty. and ~dj~ent use districts will nòti labor c~mþ or camps not on farms shall . Thisordinànce ~hall take effectt . _. be sUbstantIally . . or . permanentlyin-! be subJ~t to the ,approval of the Zon-:-.. days ,ßfter.. such' publication and', os~~ jUred, the Board of Appeals maY, after. .ing . Board of Appea1$. , '. ' ¡ ing. . . . . p .. ....public. ~otiC~ and he~r~g·.and· sUbject! . .'SEpTION 1004. ill' . any. district, nÔ\ Dat~dAPriÍ9, 1957. .' , ..... .to ...appraprla¥.. conditIons and . safe_JPubhc Garage for IIloretha?- thre~ .<3) ¡BY ORDER OF THE .' '.' . . · guards~outlined,authOrize~he.grant-:\!~o~r.,!ehicl:s .~~?o ge.sHohn~.ve~~g· TO~.·BOARD, . .~VT~OLD,. Jng ofa permit. .' .., statlOnshall-beerected or altered and . . · .... (a) Where a district·boundå.rYlinedl_usedwithin twohtmdred (200) feet "9fl RALHP P. BOOTH, . "vides à lot. which is proved to. thesatis-any premises used for at publicschool.t . Town Clerk' . :. ". 'faction olthe-,B()ardofAppeals to have ,public .library,. church, hospitaler Qr- ..bØeninsingleandsepa¡tate<)wnersh¡p ;phanage., .-' ..' ........ .... ". . . .'. .... .... at the' e:ffective date otthÌs Ordiñån'Cè, . . SECTION 1005 ·.PUBLIC PARKINq- ,. '. 'ãnd . the.total . area.. .·of .. wh,icb' lot· hasi PLACES-No '. . . public '. parking '. place . ". .X1ot been diminished . or . increased' since I shall be.' conducted. in any' distri~t. ex..; .' '..8Uchdåt.e~..theJesst:restricteduse may. cept as .a..wedal exception by ,the 'béadjUStedto extendto'the.,whQle; or t·BOardof~P~Is." . 'i' i"-" .' · any part of such lot but n'Ot more' than. ··SECTION 1.' ". any. comer.. lot, I ,flfty(50) feet beyond the boundary! no wall, fence or other structure shall · Une of the' use . district' in !hich saidi be erected. or altered,. and no hedge, '. lot . is .located. ..' . .' .' , tre:, shrub, or other ,growth shall be . (b) . If . the less.' restricted use shan. mamtained which may cause danøer be extended ten, (10) feet òr more !t~' traffi~ on astreet by obscuring the within a residential.' use. district, '. a Vlew,mmimumof twenty (~O) feet. '.,1 þermaiÙmtopenspaeefor â re'arand . SECTION 1007 .. .. NON-CONFORM- · side . yard of not . less . than' ten: (IO) í ~G U~~ThelaWfUI use ot a build- !e~t . shal~.. .~. . ,provided for. andmain-¡' m~.eXlStl.ng on the effecti,:,e date of tamedwlthm the. lot area asso.ex_rt~.Ordinanc~,?raUthOrized by a tended. Also' in such event, if the less ¡bUIldmg pe~t '1SSUed . prior thereto, restricted . use be extended more. than! may be contmued although such use ten (10) .feet, the said minimurh rear does .not c?nform with the !pro~i~ns and side yards shall be increased by I of. thIS Ordmance and such ~~ may be one (1) foot for each additiona1"ten extended~o'Ugho~t the bUildi~ law- · (10) . feet of. such' extension. .' '.. . I fully. acqUlI'ed p~evlous to the saId date. . ..' SECTION 802 The Board ofAp- A non-conformmguse of abuilding peals shall make' rules as to· the man-I may. ~e Changed, to a., use of th: same ner of filing appeals or applications! or . hIgher; ~lassificatIon ~cording to · for special exceptions or variances.. I the .proV1Slo~ ~'f this Ordinance. . .' SECTION 803 . Upon the f~ing with' Whenever a. dlStnct sh~ll herea.fter be the Boardo'f Appeals of an appeal or changed, any>then,eXlSting.. ~on-con- .... of an appli~ation for special excepti~n\forming,use .of a bullding.m . such . or variance, the Board of Appeals shall c1].anged distrIct may be continued or fix a time and place for a publiê''heâr_Changedt? a· use· of a similar o:thigher ing thereon and shall give notice there- . classificatIon, provided all other· regu-. of as follows: .' , . . ¡lations governing ,the new use are com... '. (a) By publishing a notice the~eof?lJed~th.Whene~e: a non-~onform:\ . in accordance with the To'WnLaw.' .. llJ.g. USPl o'f . the b\uldlng has beendis~ . . ARTICLE IX . '" ¡continUed ,for a period of mo!e tha.n:, , Amenðmentø . .' !two'"yeaI:~; ···or changed . toa . . higher SEOTION gOO-The Town BoardclaSSlf.icatIOn, 0: to ~ conforming use, up,?n its own motion . or by petitionanythmg.. ~ this Section. to· the con- may, from time to time, tt,Ìnend, sup_tra~ notwlthstandinlg,; the non-co~- . ;plement, change, modifY"Orrepealthisformmg use of such building, shall no .'. Ordinance. includiñg the" Zoning . Map, longer be:permittedm¡1ess·a variance 't?y proceeding ,in the!ol1owing manner: tosuch.non,:,conforming us~ sba~l first SECTION 901 Tbe Tp'Wn Board by have been granted' by th~ Board of · Resolution adopted at a stated meeting . . ¿ppeaIs., . ". . · shall fix the timè' and' pl~ of.. a'" SECTION 1008 ',' . . TIDAL LANDs-:;. ..' public hearing on . the.. proposed al11ðnd-. When the tidal lands. are. not shown as ...' ment . :and cause notice. thereof to be' zoned. on ,the Zoning tMap,they shall .... .... .·.....·.g;lven as .f()I1ows: . 'J:' . .~. . , ',. beconsid~r~ to lie within the "An . .... (a). ." 'By pUbllshing" aÍJ.~tice .' thereOf J~esidential and Agricultural District but · ()n<~ea . week for two .'(2) successive ,no ,structure erected therein shall· be weekSirt,two". (2).Newspapersofgen.-¡ er~ted~ upon sµch . lands' o:wnec;l ¡by· the. · . eralcirculation published in'. the Town.' Town 6;f Southoldexcept upon ·theap- . · . .. ·(b)r.rhe noticessþall state the 10- provaloftheBoard of Town Trustees. . cation,an~,gen~ra.Lnat1lre'. of.; ,thß;x>t(h,L ..·S~CTION,?-OO9 ··.·y~DIDITy·. Should, poseci.a¡nendment.· .... "".1 &,?y.sectionor proViSiono.fdthis Or-, · .'" (c) 'The Town"" Board, before ådver':' ,.dmance,bedeclar..ed, by. a court of. tlsmgfofpubUchearing,shall, in a 'compete~t. jurisdicti'On to be invalid, .~~itten, request,. instruct ·the Town ~u.ch ß~lsIOns . shall not effect,the val- · .' Planning Board to prepare an offici~l, Id¡ty of the·' 0fdinance . as ,. . whole . Q:r, rep.ort.d,:fining. the. cp'nditions d~..":;.8.IlY ~tÞeJ,';P!t!t_~t.~e&.eofö. '.~' .'} :;r~! .sçrlbed·.ln a'petitlonand determine the' '. SEOTION1010 INTERPRETATION; area. so affected . with their' reéommen- . P~POSE AND CONFLICT In inter":: . dation. > ." .... . "";êr',,' .' '. ;,pr~tmgand.applYing th,e;:provi~onsQ! · . ..........u SECTION ;9~~f'Ii1 cåSe4 .'. h<>W'ßver, of· :.th¡,~ Qr4h;~~~;,~tß~Y, s~alt be,fleIq 'to, · '.' .... a protest agaihst. sùch.èhaIìge~ . sigÓ.ed;J?e ." tþ;e .mj11lmþlID~e.qt14fr~nts,~ºt,;:theJ '. ........ by the. owners. o.ftwenty· . (20) pércent ,promotIOn of the health,šafety;íÌiorals · . cr-more, either of'. the area of land ?r the general welfare of the Town. It .' . included.in such.prQPosedcha:nge, or IS notint~ndedbY this Ordinance toin- of that. immediately . adjacent thereto,' terfere' wIth or abrogate' or' .annùl any' · extending one hundred (100), feet TOWIl Building Code, or any rules and t .. . therefrom, or of that.' direct1y opposite. regulations ad'Oþted. or issued there- i · thereto, 'extending ·one·· hundred (100): under, or the rules and regulations of . feet from' the . street' frontage of such' the Department 'O'f Health of 'the Coun- opposite land, such amendment shall· ty of. Suffolk, and' not iri' conflict· with · . not become' effective except by the any .of the' provisioµs . of this-. OrdW- ! favorable vote of' at least four (4). ance, , PROVIDED, however, that I members of the.. Town. Board. . . .' '.1 where ~his prdinanœ imposes a greater ¡ SECTION 903 At a public Hearing, restri~tlonupon:' the use of buildings or · tull . opportunity' to . be heard shall be pre~s or" upon the height of . the I ,givento any citizen and all parties in buildmg, or requires larger open spaces interest. . '. .., . . '. . . . .' ..' . '.' ¡thax: are imposed or required by such, . ARTICLE X. I Ordl~~nce, rules andregÙla.tions,' the I , GeneralProvlslons ì proVISIOns of this Ordinance shall con- SECTION 1000 In a Residential and" trol. ,.. . · Agricultural District whére. a lot 'abuts J SECnON 1011 REMEDIES-In case on . a parkway,' the"lot shall be con.. . any building or. . structure . is erected, '. sidered to front and have a front yard, cox:structed; reconstructed, altered, re- í on the street and also' on the parkway p8J.red, converted or maintained, or . and where' the building. accords ,with any building, structure or land is used this section, a private accessory garage in vi'Olation of this Ordinance, or of may be incorporated in the building or' ap.yregulationsmade pursuant thereto attached tl1ereto regardless of distance in addition to other remedíes provided . from streets.-' by l~w, ~ny.a.þpropriate laction or pro- . SECTION 1001 Notwithstanding ceedmg whether by legal process 'or at:y other provisions of this Ordinance otherw~, may be instituted, or taken all automobile or other' junk yards in· to prevent such unlawful erection, oon- existenpe and iri effect' .at the daté of s~ction,_ reconstruction, alteration, re- · this ordinance shall within the ex-' paIr, conversion, maintenance or use piratioiI of 3 years from' same provide to restrain, correct or abut such viO~ suitable screening in the form of solid latlon, to prevent the occupancy of said ¡fencing or hedges completely around' building, structure or land or to' pre- the periphery of the area used for such vent any megal act, conduct, business . 'storage purposes, and the type of fence or use in or about such premises or hedge. shall· be subject to the ap-' . SECTION 1012 PENALTIES' For proval of th€ Planning BOard. any and every violation of the pro- SECTION 1002 . Notwithstanding visions of this Ordinance,tha owner; any other provisions' ot thfs . Ordinance, . geveral agent, or contractor o'f a. bulld- · . any sign 'Or commercial billboard in .ex- ing' or premises, where such viqlations · . istence at the etfective date Qf this Or- have been committed or· shall exist - ". ,'" -" - - ' ~ - - - -. ' - " ' ·.·....dinaD.ee.·..tñ..~......~\jl~:A~I~~~þ~.~~~~~~"<~elle:rM..~~ent 8st~l1i~eçt, :bulId- .8.1. DiStrict,ãnall,.e.\i",~ec~~i¥â.1!1Û~:0F-t';J:~~~~Jt~~~Ì'~'9~'~~.\.~ii1i~¿;D.~èj:w . . " O· f····flve···· (5)" yea;·..... fro' ~""" ~.' d'· ;¡;';;;:'" .....:.::....'kh'...._....""'......mid"'.:.::.;~...~··,·,:í,;'"'~,····'"~¡,i,4.r'~··"é.,G.~'. · .... ..' '.' . .' :..~> '.u.Lsuçu.. a;.,ç, uc,''''.....=-:o...:r''''''I.I;U.U.oI._;,·.~es·pw.,..''~f··iiS.fi' · '. dlscontiIlued.The Boa.rd 'ofÄ'Ppew:f siSts iIla.:ny,such·vihlatio:p: oitcwb:.o · . . may" . however, '..permItS .its cont1n1länœ' rha~tåirisð.:p:ýbuil~·. or1)r~D:ûSes tn. asaspecl.a.l exceptionu herein prO- . wÍilch &11ý.suchvi()lat1onSha1l~t, vIded. ... '. .... . . '.. . shall be guilty ot.a misdemeanor. Each , SECTION 1,003'. The PIanntIIg Board. week's· continued violation .shan·· con- · 8lW1stad,y the application of . this Or_'stttute·a. sepårate additional violation. . . . - " . ,- - ",". , - " COUNTY OF SUFFOLK I STATE OF NEW YORK ss. I I I Frederick C. Hawkins, being duly sworn, says that I , \ he is the owner and publisher of THE LONG ISLAND I TRAVELER - MATTITUCK WATCHMAN, a public news- , paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ..;;:z:.~.c.:3~. weeks successively, commencing on the ........../6....~............ day of .....~............. 19..Q..6 . .....0,~:':.f.~.~.~·...{.C~6.::~£'::::7:......... c.J" 3/ Sworn to before me this ........................ day of .....~..,.........19.~.~ " -~ " // ............ú.~........~............ Notary Public ¡, '. . , ADELE PAYNE Noto_rv Public, Stote of He.. Tort '. Re~rdrt1;- WI Suffolk Coun . .*52-3041000 ty CommissIon Expires Morch 30. IV!. 7 ,~' " .:.. . ). ~' , t I ~, ~ ,. j ~:~.;'.; . ~ :(d' ¡[~ , I I I I , I I , . , , , , , . . I , , , . I I , , . powder ...._-~,-~.!_- ..,.----- -. ,'" ., . .' .. - .:.-: -'. .' -. '~~;~' ." -,). . ' , ~1~:, " ?N::'~ ,'''ti~,~"erinìt)_Wïu be re..." "," ,',' ,,',',' " , discontinued. The ,Board Of~PP~lma~tains any buil~ing. or premiS:~i: ~,,~¡:~,pnor,';,i"r:oo~enCUlt: of 'Work:l (10) Whether the use, or t~estruc- may, however, permits its cont~.n..ua.nee:~WhlCh any, such Vlol~tl0n shall h, :];~tne er€C~})~,æ~ItIons to all r€Si~/:{tures to 00 used therefor, wIll cause as a special exc~ption as herem pro"',tShall be gUlI~y of a ~_emeanor.Eac J 'Ig~~ ',' bus· ;'~;("~:~~' md~trial buUd...'yan: overcroW'Ò.ingof 1'aI~d()'r undue con- I vided., , ' ' ','".,~W~€k's contmued vlOl~t70n, sh~l1 ~~.' j'f'~s do n().~\~~~, ,a permIt pr0Y1.ded!itiQlent~appropriateand adeq~~e for dina,nce' and shaH, from time. to tiIne,¡ lected as hke fmes are no ," " : 'î*;~; all USe~\\,elght,~d. yard . reqUlre-:th~ use and, the reasonably anti'Clþated recommend to the Town Board such by law. , " ,,~~ION?~~~;,permlt fees and .,.,:, ' (lØ) Whether the, use to be operated ~oundaries of th~ varIOUS distrIcts as ~ By order of the SOU~hOld T~ooth,' . ;l~Bfor ~€rtl:f:lcate~~Î,occupancy ~U ¡'is ,'" unreasonably near, td' a ,church, ì It shall deem adVIsable to further pro-¡ Ralph ~~rk, ' ~i establIShedby' .~~ ,Town Board; '" schOOl theatre recreational 'area or mote the health, safety, morals or the Town C .' .-.' :,...:"'...., ",{';':.,' 7. .', ".'" _, .¡p:ECTION7.05-For:':each Application' other place of, pUblic assembly. general welfare of the community. <'" .... .' '·'t··, .' . ." , ;dA:ppeal tôthe BdäJ;d-of Appeals as ,(c) r.rhe Board o,f Appeals shall, in SECTION 1003a. All labor camps 'P~1l1after p~vided¡:'thete shall be a, authorizing suèh permissive uses, im-I where provision is made for the ho'us- " ¡?~f fìftee~qpp.~ ($15,00) accom-pos~ such conditions a~d' safeguardS I ing and feeding of transient help re- "¡~tymg the ApplicatIon or Appea1. , as It may deem approprIate, necessary gardless of the number to be accom- , C'rION706-All1pernrlts, shall ,ex.. or ,desirable to ¡preserve and pro'teet! modated, shall first meet all. require-' 'Æ; in one (1) year of issuance thereof, the, spirit and objectives, of this Or- ment of existing law. Farm labor :"'ê renewal¡fee to be one half Ph) dinance. ' , , ' ' " I camps on farms shall not be located original tee. ' ", (II) When, in its judgment, the public nearer to any other residence than to ECTION '107 For' each . Proposed! (}~nVeni€nce and welfare and justice I the reside~ce of th? employer except nge of the', Ordinanœor change of I' -vv:il1' be substantially served, ~nd pro- as a specIal exceptIO~ by the Board ~ e ZOning Måpas provided 'þySection ,Vldeci that the' leg~lly est~blished or Io.f Appeals. The locatIon of any other; , of Article IX of this' ordinance, ,perm.itted ~e of nelgh~r~ood p:oper- ,labor c~mp or camps not on farms shall, · ere shan bea fee of twenty..tlve dol-, ty ~d adJa~e~t use dIstrIcts WIll ~ot, ~e sl\bJect to the approval of the Zon- S ($25,00) accompanying the petition. .,beSfJ-bstantmlly ,or permanently In- mg Board of Appeals. " I , , ". .' , ' " ','" , ~~. t.he Board of Appeals may, s:ter 8~OTION 10M-In any dIStrIct, no. ARTICLE ¡VBI ' , . pµbttÇ notice and hearing and subject I PUQhc Garage for more than three (3) , ~. SECTIO lJoardof Appeals ' , ' , ,~.''þpropriate oonditio~s, and safe- I mo~r vehicles and no gasoline vending : aU 'a ~ ,aoo ," The ,TOwn" Boaz;d ," ". '" .. . as outlined, authorIze the grant- I statIOn . sh~ll be erected or aJter.ed and tin PPoUlt a, Board of Appea1s~- . jng of a permit. used WIthin two hundred (200) feet of " ,.., g of five. (5) members asproVlded .,',(a)l'Where is.. district boundary line di- any ¡premises used for a public school; rthe Town~aw. '.',' ',,'.',." ,1.vid~P.lot which is proved to the satiS-/PUbliC library, church, hospital or or- ,.SECTION 801-A The Board, of AI>'" ¡, faction of the Board of Appeals to have phanage, ' ,!eals, I?ay, ins specific case after pUb"- '})èenÌn single and separate oWnership SECTION 1005 PUBLIC PARKING .~' notI~e andh~~ing, and subject to tat the effective date of this Ordinance, PLACES, No public parking. place prop~late conditIOns andsafegu.a.rd$, ! andtihe total area of which lot has shall be conducted in any district ex- tennme and vary the application of" Jnot '~n diminished or increased since I cept as a special exception by the ;. " regulationshe:ein established, m" \ßuch.~date, the less restrlcted use may Board of Appeals. r "m~ny wi~theIr general purpose "be aÇtjµsted to extend to the whole or SECTION 1006 On any corner lot, " d mtent åS folloWs: ' ',,' .,' ,",".'8J1y plirt of such lot but not more than :no wall, fence or other structure shall iB. V ARIANOE " PO\VERS.' (MAT-' , .,., fiftyf50) feet. beyond the' boundary be erected or altered, and no hedge, . ' OF APPEAL TO THE, BOARD· 'line' of. the use district in which said ¡ tree,. shrub, or other growth shall be' /F APPEALS). " ".. :" ¡lot is located. , I~aintai~ed which may cause .danger ,Where there' are practIcal difflcul-" (þJ ,'If the less restricted use shall I to traffIC on a street by obscurmg the ;es' or unnecessary hardsmps' in ¡f¡b.e 'béex.tended ten (10) feet or more. i view, minimum of twenty (20) feet. ,ayof carrying out the strict letter of " within a residential use district, a SECTION lû07 NON-CONFORM- . ,ese regulations, th~ Board of APpe~.. permaIl~nt open space for a rear and. ~G U~~S The lawful use. of a build- fall ha~e the power to vary or modifr side '~d of not less than ten (10) mg eXlstmg on the effectIve date of e apPlIcatiQ.t¡;;.Of such regulations so " feets.n be provided for and main- this Ordinance, or authorized by a' ,.,t the spiritpf the Ordinance sha.ll ,tained\vithin the lot area as so ex-I building permit issued prior thereto, ,,,observed,þûbIic safety and welfare 'I tended. Also' in such event, if the less' may be continued although such use ,ured and,' substantial justice done. ,'/ restricted use be. extended more than does .not c?nform with the !provisions I ¡ C. SPECIAL POWERS AND RULEf>. " ¡ ten (10) feet, the said minimum rear of trus ordm~nce and such ~~ may be , ,,'. 'ITERs ..OF" ORIGINAL JURIS- j and side yards shall be increased bY, extended throughout the building law- }IOTION AND BY APPLICATION,TO . ¡ one "(1)'.. foot for each additional ten I fully acquired previous to the said date. , BOARD OF APPEALS). '.' 1(10) f~t of such extension. A non-conforming use of a building , ereof, is permitted only if the Boord t peals shIi,Il make rules as to the man- or higher. ~laSsifi?ation. accord~ng to 'l Appeals shall approve thereof, the ! ner QÎ,.¡filing appeals or applications the prov1SIOns of this Ordinance. oard of Appeals, may, in a. sPeci:fiè; for sp~ exceptions or variances. I Whenever a district sh.all. hereatter be ~., e and a~ter notIce an~ ~ubhchear- ¡ 'S~.9N 803 Upon the filing with ¡ chan?ed, any then ex~tI~g r:on-con- ., g, aut~onz~ s~ch per~~lve.:'lße ~q" ¡ the' ~ of Appeals of an appeal or I forrmng u,se ,of a bUIlding ,In such c .loc.atl?n WIthin the distrIct ill whicJ"~J' of an application for special exception, changed d1Strlct may be contmued or .'18 OrdmaneesPecifies. the permissivtr~¡ orvari~, the Board of Appeals shall ¡ chan~~d t? a use o! a similar or rugher ,. e may ~ located, subject, however txf·¡ fix a tinî.ê and place for a public hear- cl~lfICatlOn, proVided all other regu- ., e fOllowmg:" , " ring thereìn and shall give not.ice there~ la~IOns ?overmng the ne~ use are com- e (a) Before such approval shall be ' of 80S fö1lbws: . ,plIed wIth. Whenever a non-conform- ¡iver:' t~e Board of Appeals &hall de-', ,'(a), 4 'Publishing a notice thereof I ing ~se or the bUi1~~ng has been dis- : rmme, '. , inacco:dlnce with the Town Law. contmued for a openod of more than .' (1) That the use will not pre'Vent 4)1 ARTICLE IX two, y,ear~, or changed to a, higher e orderly and reasonable use of 00-, ..;:~~~¡¡ Amendments, classIfIcatIOn, or to a conformmg use, , ,cent properties or of propertiesmSECT.i.(¡iN 900-The:' Town Board anything in this Section to the con- ,'djacent USe districts; '. ,. 'upon i~}:"own motion: or by petition ¡ trm~ natwithstandinlg,. t~e non-eon- ',(2) That the use will not prevent! may,frøiå time to' time, amend, sup- formIng, use of ,such buildmg sh~ no ,.e orderly andreasonab:e use. of ~- ple;men~\¡'~nge, modify or repeal this longer be :permItted ~ess a varra~ce tted or legally establ1Shed uses m Ordinaneê including the Zoning Map, I to such non-conformmg UEe shall flISt " e district wha-ein the ~ropoSed use is by proceeding in the ~onowing manner: ¡ ha ve been granted by the Board of be located or of penmtted or legally SECTION 901 The ToWn Board bY! Appeals. s~abIishes USes in adjacent use dis- Resolution adopted at a stated meeting SECTIO~ 1008 TIDAL ICts; shall fix the time and pl8ice of a ~hen the tIdal lar:ds are not shown as (3) That the safety, the' healt~, the public hearing 'On 'the proposed amend- I zoned o~ thezo~ iMap, they ~, ,elfare, the comfort, the convemence m~nt ånd " "œe notice thereof to be! 00 ~nsI?-er,ed to ~e within. th~ A · r tlie ordet:'~:f the Town will not be given as fol.;; s: I ResIdentIal and AgrIcultural. DlStnct but ,.dversely affrcted by the propOsed use. (a) By P';.lishing a notice thereof I no structure erected therem shall 00 nd its locafon; and once a W ,.ttor two (2) successive I erected upon such lands owned by the (4) T~~t ~e, use will be in har- weeks in t ';1(2)' Newspapers Of gen-I Town o.f SOuthold except upon the a.p- ony Wltn and promote the, general l' ul t";' ' bl' hed' th Town' proval of the Board of Town Trustees. '¡ era- CITC a ; pu IS ill e " urposes andUntent of this Ordinance. (b) The; :ìtif h 11 t te the 10- SECTION 1009-V ALIDITY Should' 'l ~ ..., ces s a s a I t· . . f this Or I ' (b) In making such det.ennination t· d .'.. ~;f a1 tur f the pro any see Ion or ,proVISIOn 0, ' - ; ,~. ,! ca Ion an ' ,. , na eo" - , ! .' e :soar~ 011 Appeals shall also .give posed ame':;': t. ' dmance oo~. d~cl~r~d by a ~urt .Of' ',' nsIderabon, among other things ) Th ,'C B d bef ad r-I competent JurlSdlction to be mvalid, I · ,,' , ( C e, ' oar, ore ve h d .. h II t ff t th 1 ".', '. "~',.' , . SUC€CISIOns s a no e ec e va - ; ".' , tising for P;,. hearing, shall, ill a· 'd't f th Ordi hI. . ; (1) The ctia.racter of the existing . . .. ''',', ' . t t th T wn I I Y 0 e nance as a W Q e or " wntten req, ",; ,IDS rue . e " 0 .. d probable/development OÎ uses in Planning Bo .:to prepare an official any other part thereof. ' ! .. e district and the p€culiar slÚtability reoort de£": 'g" the cOnditions de- SECTION 1010 IN1I'ERPRErr'A~ON, I 'f h d- , ·ct f th 1 t· f . .' ",. ' '. PURPOSE AND CONFLICT In mter- ." sue ISUL ,or e oca IOn 0 any scribed in a;,<,tion and determme the.. , . . f such pern.ùssive uses; area so affecB with their re<)om:men- pr~tmg ~nd applymg the proVISIOns o.f ,(2) The conservation of propert:r -..'. , ' thIS Ordn:-a~ce, they S~ll be held to ost appropriate uses of land, a protest ag~ such change, sIgned th' 1 lf f th 'I1 It ' (3) Th ff 't th t th I t·· '"",." , t or e genera we are 0 e own. ' e eec . a ,e oca ,Ion 01 by the own,et!ot twenty (20) percen is not intended by this Ordinance to m- e proposed use may have upon the or more, eltR of the area of land t 'f -th b t nnUl rea~ion or un~ue increa.se .of vehicular included. in ~'~ropo~ed change, or ;~~eB:~d;: ~~~:~: :y arules :~ rafflc congestion on public streets or I of thatlm~tely adJacent thereto, gul t' . ad: pte.d or issued the _. . h' h d (100) feet re a IOns 0 re · g ways; T' " . I extending O~ti undre lunder, or the rules and regulations of · (4) The a:a.IlablIit~ of ad~~a~e and ¡ therefrom, or~It, that ,directly opposite (the Department of Health of the Coun- roper p~bl1C ',. or prIvate fa.cil~tIes for I there~{), exte?g one hundred (100) ty of Suffolk, and not in conflict with.! '_ e tT~atmellt, removal or discharge I feet I.rom th61ørreet frontage of such any of the provisions of this Ordin- I se\\age; ~ef1lSe. or ot4ereffiuent ¡ opposIte land'i¡~~C~ amendment shall ance; PROVIDED, however, that I ,whether l1qUld, solId, gæeoUS or other- I not beCOme~ectlve except by the. where this Ordinance imposes a greater: ' . e) that may be caused or creat-ed : favorable vo1fjOf at least four (4) restriction upon the use of buildings or I y or a~ a r~t of the use; . 'members of ~~Town Boa:d. . premises or upon the height of the ¡ · ,(5) Whether the use, or materials sECTION ~At a publ1c Heanng, I building, or requires larger open spaces' " cidental. thereto, or .produced ther€~ full opportum~ to be heard sh~U ?e ~ than are impüsed or required by such i ,y, may gIve off obnoxIOus gases, adorE, given to anY~i~nand all partIes m Ordinance, rules and regulations, the: , oke or soot; " . . interest. é proVisions a¡ this Ordinance shall con':' I (6) Whet~æ: the use will cause dis- ,TIOLE .X trol. urbing emISSIons of, electrical dis- Gcuez..a.I ProV1Sio~ , ' SECTION 1011 REMEDIES In case harges. dust, light, vibration or noise; SECTION l~In a. ResIdential and any blÚlding or structure is erected, (1'> 'Whether ~e operations in pur- ..<\.:,tJ"'I'icultura1 DiStrict where a lot a~~ts constructed, reconstructed, altered, re-- uance of the' u.se will Cf!.U8e undue on a parkway, ,the lot shall be ... paired converted or maintained, or, terference. with the 'Orderly enjoyment sidered to front and ~ve a front yard any b~ilding, structure or land is used y the publIC Qf parking or of recrea- on the stræ:ha.nd ~ on the ~k~~ in violation of this Ordinance, or of , .' .,. . .. .' e e bull accor W1 ,iona1 lacílIuoo. if eXlStmg, Qr if pro- and wh:r ding any regulations made pursuant thereto" "ed b';; the Town. or by other com- thiS sectlOn, a private accessory cikarage in addition to other remedies provided! ~ '. mn tal . be inco~ted in the bull g or . ., etent Crt)ief en agency; mas, . tance by law, any approprIate action or pro- urfacec. ~~ace, for p~rpos~ ~ off- from str N 1001 Notwithstanding otherwise, may be mstituted, ~r taken I ueet par,JDg of veJncles mmdentaJ SE<J'I'IO rovJ8iong of this OrdirMU1Ce to prevent such unlawful ereçtI":,, con-, '{) the use. and Whether such space 15 any other ~ile or th junk. rds in I struction, reconstruction. alteration, re.. . 'nd can be furnished by the O~~I e~!rt.eDce. ce shall within the ex- to restrain, correct or abut such Vl~- "~ f the plot sought to be used mtbJJl th1S .or~ years from same provide lation, to prevent the occupancy o~ sald..: 'r ~djacent. to the plot wherein the pirat10n ~creening in the form of solid building, structure or ,land or to .pre- 5:€ sha11 be had; " .,' sui~ble or hedges completely around vent ~y illegal act, conduct,. bUSlIleSS: (9) ,\\1"nether a hazard t.o life, ]llI1V fencmg. herY of the area used for such or use ill 'Or about such premISes. I r property ~cause of fire, flood, tb.e ~rl~ urPoSes, and 1bhe type of fence SECTION 1012; ~ENAL~ Fo~ . rosion or pazuc may be created by stOrage P sh911be subject to the ap- any and eve~ VIolatIon of the pro , "s-on or 8S a resuIt Of the use, or or hedge tl1e P . Board visions .of this Ordina.nce, ~e owner, ;~th~ strllctures to be used therefor, pr0V;;:ON 1002 Notwithstanding I general agen.t, or contractorhor.'a ~:d- . bv rhe inaccessibility of the prop- S provisions of this . ee, ing or prenusas, where suc ~~ xisn: I r . -' , ' , . other . . ·tted or s e , ' ". tv or structures thereon. for ~e con: anY'. n oJ: cOmmercial billboard m ex- have been comnu ent architect, buUd-1 'e~ier:t eDtTY and oþeI'a.tom of flre ana ~ f)ig at tl1e e:trective date o;f this Qr- .and the general ag y ~ther 'Person who; , the'r' Emergency apparatus or by the lStence iI1 ~ Residential and AgricuI- er, ~ntractor or an takes part or as- ' ,d~€ concentration orassembJage of din:f~i5trict, shall, at the ex¡piration I ~0W1l1?'lY co~~~ violation or who e~s(J~ upon ,sUCh plot; tur' 'ye (5) YetU'S- ftoin such date, be &1Sts m. 1\11.1 , (Continued on Page 7) of fi ~ , , , . I , , @ COUNTY OF SUFFOLK I STATE OF NEW YORK 55. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ...~..!3) weeks successively, commencing on the ......./.6....~..,.......... do, of "~"'mm. 19,,£,6 .............ä:f.~~.~>{,C4.~~-::{~.~.:~..... - ..d Sworn to before me this .......31.......... day of ..:'~..r......... 19,.¿¡~ .........æÆA...~........ Notary PUblic ADELE PAYNE , Notary Public, Stat. at New York Residrng in Suffolk County #52·3041000 7 Commission Expires March 30, 195. \ , ... . ,performing of Q serVlce prImarllY lor 19A AutolWiie wremnng ana au ~~liTl~~ 1m! A pennlt Wíll ,bê'-re~ residents of the neighborhood., other jUnk ya.r~. \ ' qUlred pnor to the comm.encing of work 16 A sory use on the same lot 20-0ilcloth or 'linoleum manufacture., for the erection or additions to ãIl resi- with a:;ScustomarilY incidenta1 to any 21-Qi1ed, rubJjþr or lea.ther manufac- I ~ence, business a~d, îndu~trial ,bulld- of the above permitted ~s. I ture..p i mgs. Accessory bUlldmgs mcludmg a.ll . . be 22 Ore reduòf¡ion. Î types of farm buildings except migrant SECTION 401. No b:il~g n:~~t or 23 Paint, aU:: shellac, turpentine or camps do not require a permit provided erect~, alter~ ;r use .' ~~ure may be varnish manufacture. ¡ that ,all use, height and yard require- prenuses excetp dor, adgrlCtU busm' ess 24. Paper and pulp manufacture. ments have been complied with. used for any ra e, m us ry or 2 . th t has· been adjudicated a public 5 Petroleutn· l'efì.ning. SECTION 704-All permit fees and ~ nce by a court of record. i 26 Potash ;WIgrks. ; fees for certificates of occupancy shaH nUIsa " ., 27 Rolling mill. ,be established by the Town Board. SECTION 402 B HEIGHT In 28 Rubber ðr gutta percha manufa.c- ¡ . . . . " the "B" Business District, nn building ture. '7 SEOTION 705 For each ApplIcatIOn . ' ':tì .;;;;1~ ted dlStrlct yards, one (1) 0' each sIde of the h it rected or altered shall ex- . ,¡: -. ,or Appe?-l to the Board of Appeals as tne Bald Town Board by the Zoning ant of 11 e l~t on which it)~ erec. 'boundary l1ne diVides a lot in a single buildings, the tot ~ aggregate of both erea. er e ; 29 Salt Wor~ hereinafter provided, there shall be a OOmmission of and for said Town, en- I anq for' th~ storage of not:¿,exeeeding ownership at the time of passage of sides to be twent ¡(five (25) feet and ceed fifty (50) feet."", ¡ 30 sauerkr~ût~ manufacture.. fee of fifteen dollars ($15.00) accom- titled «Building .Zone Ordinanœ '01 ~e.l two (2) additional vehicles (~ot trucks) this Ordinance, the Board of Appeals,' no one (1) side !trd to be less than SECTION 4~" B BUII..?~G 31 ~hoe bl~g or stove polISh man-, panying the Application or Appeal. Town Of SOuthold/' a copy of WhICh owned or used by others. ' as hereinafter provided, may permit ten (lID feet wide~ AREA. In the B Business DIStrICt, ufacture. . reSECTION 706-AlI ' ermits shall ex- ordinance ~ h7rei~ter set ìÍort~., l1-'-GARAGE -. PUBLIC ~1i building the less restricted use to' extend to the! PROVIDED iliš¡f, in the case of a !no build~ng shall be, erected or altere~ 32 SmeltmBl , pire in one (1) ear OfPissuance thereof All partIes In mterest a~d Ç1t1Ze~s _,~ther than a prIvate garag~; :used for whole or any part of such lot. ! lot held in single ~:nd separate owner- ?r used m whole or In part as a dwell 33 Soap Inar-macture. the renewal f'!e to be one half (1h) will be heard by the Town Board at housing or oare of gasolin!i or tither ARTICL' -0 III I h· t th ff ,ill, e d t 'f the Or mg to exceed seventy (70) percent of 34--S~ckYailaR or slaughter houses th .. 1 f . . '. , $',' ,n S I a e e ec a e 0 IS - ~.,...,. . . ' e ongma ee. said. ' , . vehicles are eqUipped for oper.a.tion, re- '^'~.: t$trict ' f e I SECTION 404-"B" FRONT YARD-'- Board of Ap as herem after pro- SECTION 707 '!fur each proposed . "ired or kept for remune1111$íon hire ~ . 1 dred (100) feet or~ ", f an area less than In the "B" Business District, the l'e- vided). change of the Ordmance or change of BUIL.DING ZONE ORDINANCe l~HQTEL-A building ô"lcupied as ~J.al.and AgrI~~ltural DIStrIct7 no ,build- .fe~t7 a smgle f~~Y. dwellmg may be twenty-five (25) feet. ! 36 StructUr' steel or pipe works. 1902 oj; ArtIcle IX of this Ordinance, TOWN OF SOUTHOLD t1'1.é ,p¡¡;pre or less tempor£ abiding Ing 'Or -preIIl.ig~~ s~all be used a.nd no ~uilt thereon W1t~ sIde yards reduced I SECTION 405 Where property . in 3? Sulphuri4, nitric 'Or hydrochloric there shall be a fee of ~wentY-:flve, ~Ol- SUFFOL.K COU NIT NEW YORK' p1ace ,~~ Ù}dividuals who $!te lodging, building shal~ œ ~ere~fter er~cted ~r I fIfty (50) percent ,~d when. further re- the vicinity is partly built up WIth aCId manuf~ftre. lars ($25.00) accompanymg the petItIOn. . . '. . . f With' Ðr. without meals nlt]¡:~ which alter~ ~ess ot11erwIse proVIded in åuced as a spec!! excep~lOn by the permanent buildings and an~ average 38-Sugar r~ng. ARTICLE VllI ,and restri.ctlllg the heIght, ,number of I usuij.II:\T;.¡..pccupied singly ânlJ'.Ðo pro- more of the foU01ymg uses.. Vlded. ~, " I bu~ldings hereafter erected or altered 40 Tar roofiþg or waterproofing man- SECTIOl'{ 800 The Town Board stqries, .SlZe o.f buil~gs and other! vision íÍlade for cooking ."any" in- ¡ lOne (1) faftíÐ,y d~e1lin~s. I SEcn:~~~ 3~ :. REAR ~ARD- shall project beyond the line of the ufacture. ~ I shall appoint a Board of Appeals con.. structures, the percenta.ge of lot that dividual apartment. JI:: i 2., Church~, SC~.~~ls, l1brarles. J In the A ReSl ' lal and Agrlcultur- .average setback so established. · 41 Tallow, grease or lard manufac- sisting of five (5) members as provided may be occupied. the'size of yards ~n.d, 12~ A:IrrOMOBgDE :" G 3 N~n-commer~lal . parks, Pl~y-., al I?istrict, ~h~re t~' all be a rear yard, SECTION 406 liB" REAR. YAR?- ture. '. i by the Town Law. , 18,tion, bhe looation~ und uae of ;'bu1Ìç.- Land occupied or to be dciUpied for beaches,. bathhouses or boathouses. ' fIve (25) teet. '1: _ I ing is used in whole or in ~art as a rawhides or s1tins. peals, may, in a specific case after pub,.;. 111gs, 8truct~res and land for trade" in.- the storage of «?ld wood, PIPer, cloth ~A.gncultural farms, poultry farms: PR?VIJ?ED t1J.Ij, :in case of a lot dwelling, there shall be a rear yard 43-Tobaccot (chewing) manufacture lie notice and hearing, and subject to d.ustt~, resIdence and oth~ purposes, or metal, including old at;Jtomobiles, nu~serIes, greenh~uses and truck gard held In sI¡lg~e an1~ separa~e ownership haVing a minimum deptñ ~f fif~n or tr~tment.1 appropriate conditions and safeguards, a¡pply to and affect only such part of ~I and annliances not usable ø; orginally raISmg or breedtmg.tOf hdUCkS) d If havmg a total de15th of less than one the case such building IS over forty (40) 45 Yeast pl~t: . the regulations' herem' establI'shed ~n ' , - . . - . ~ '. '-.'. Clubs fra ernl ouses an 0 ~."., .'. _ _... the :town ou~de, ~he hmits· of any In I qeslgned; and a.lso mcludini': 'anY por- 5 , thY th .. 1 g ¡ hundred (100) t"t, a smgle tamily feet hIgh, the depth of the rear yard And in ¡feneral those uses Which harmony with their general purpose 'oo1'!Porated village)" estâb1ishing the tions of such old automobiÍ~s trucks, co~~es, excep ": ere e prmc1p~ ac- ,-dwelling may be luilt thereon with a shall be increased. ·five (5) feet for are authoriZêil 98 a special exception' and intent as folloWs' boundaries Af diStricts for said Pur- , '. ',~.; tivltles 'are carrIed on as a busIness. I d f' 1 ,j'¿ t t . t· th f;¡ , ,_ v '. eqUIpment or machInery as ~e or may. - . ¡rear yar: 0 ess ~an wen y..flve (25) each ten (10) feet or frac Ion ero by the Boardì~f Appeals as hereinafter B. VARIANCE POWERS. (MAT- pOSes so as to promote the health7 sMe- be sold as and for junk or :i;alvage. I 6 Railway pas~en~er s~a,tlo~. I feet, when authorJfed as a. special ex-: which the building exceeds forty (40) provided [ I TERS OF APPEAL TO THE BOARD ty" moraJs and gen~ral welf~re - of the 13---LOT Land occu.pied oi~~to be oc-. 7· A~ceSSOry bUIldIngs, mcluding ()ne ception by the .ard of Appeals as feet in height. SECTioN 601 "c" REAR YARD 'OF APPEALS), Town of Southold WIth rea;sonabl~ con- cupied by a building and itJ~8íCce880ry (1) prIvateiftgaraoge'fwht efn locathtedf nott hereinafter provicÃd and PROVIDED SECTION 407 "B" DEl'fSITY OF In the "0" Indlistrial District if a I Where there are Prar>tI'cal difil'cul fd ti nth thiIlg >J.... . th ,of less than ¡f y (5) ee rom e ron ' .~!a' . 'v- 8 e~ on, ,am~ng er sINe I buildings ·together with such open. . t .th' further that In ~ case shall the rear POPULATION In the liB" Busmess building is usèd in whole or in part as ties or unnecessary hardships in the most d-esirable use"for which the land I, . " '. lot lIne or a pnva e garage WI m or d be 1 th 4~ f'it ( .. . . t be ' . I sJ?aq:e~ BoB are r~~UIr~d U~d~ thiS Or- attached to the dwe11ín . ' yar ess ~ I een 15) feet. 1 Dlstnct, no bUIldmg ~all hereaf er ' a d~ellmg, tlíere shall be a rear yard way of carrying out the strict letter of of C:ch ~~i~~I::na~ be a~~ed, ,the .dmance and haVl~g Its pnnC"tpal front-, 8 Uses customarily inc~dental to any I SECTION 3~ceA" ACCESSORY erected or, ~ltered to accommodate or havmg a minimum depth of fifty (50) I these regulations, the Board of Appeals .pe, ~r ~ a i I, ~ or par Ie ar use! age ppo~ a. public street ?r officially f the above uses when located on the BUILDINGS In ~~he "A" Ræidential make provIsIOns for more than twenty feet. I shall have tIfe power to vary or modify of a àlStnct, the.ßo'nserva~ion of pr<>p- appro:!~ place. 10 me lot and not involvin the con- and Agricultural~': District, accessory (20) families on one (1), acre of ground SECTION 502---COMMERCIAL AD- the. application of such regulations so èrty values and t~e directIon o! 'build- 14-']J(!)T-CORNER-A lot situated at·: t f a se ate business g This shall bUildings may o~µpy forty (40) per- or more than a proportIonal number of VERTISING BOARDS In the "c" Iri- that the spirit of the Ordinance shan '~ cons~:e fQ' ~~ t~1SO f~:n' :. 15 E~-:ENTERIO~A lot other sionaÍ office or studio of a doctor,' an average height ~f eighteen (18) feet.. acre 'Of land: based on the require- lr:g boards sha.ll not e:xceed SIX (6) feet, secured and substantial justice done. - ;Pt~~ns 1: . . r~ ~C;:dlO: ihe s:~! tn~ 3, comer lot. ! dentist, teacher, artist,. architect, en- The yard area ,!lloWed by such ac- ments as outlined above, high ~y ten (10) feet long, the bottom' O. SPECIAL POWERS AND RULES. , havU!g fro~tage on two (2) streets.! t't'on r of a similar character or' computing the peï¡centage of lot area VERTISING BOARDS ,In the B feet from the:,gfound and so placed as DICTION AND BY APPLICATION TO . ' TABLE OF CONTENTS 17 LOT ¥N.E&---Th~ lines bo!!nding prac I I ed for hom occupations in- to be built upo$. and PROVIDED Business District, commercial advertis- to be at least 'five (5) feet distant from THE BOARD OF APPEALS). Short Title _ , Section a lot 'BoS defined herein. ! r~:s u:ess' aking %minery or simi- ! further that no ¡Ì1ilding of any kind ing boards shall not exceed six (6) feet an street and: property lines.' I (1) Whenever a use, or the location 1üticl~ 1 ~lnitions 100 18 NO~ - CONFORMIl'fG USE ·A ~: :~d'craf: PRÒvIDED the office or nature shan bti- built within three high by ten (10) ;feet long, the bottom SECTION 503 "c" FRONT YARD- thereof, is permitted only if the Board , Artiicle 1'1 ~~!ricts. ~ . 200 búiklipg ~r premises occU~i~d by a use: studio 0; occu~ational rooms are lo~ (3) feet o.f any lQî line. j of which shall be. at least three (3) In, the "0" IIidus~ial District, the re- of App~als shall approve thereof, the " ,)I!j¡~~ }qL:.~~ J~~;i.~~l: ,and tala~ does 'not conform :nt~ the .reg~- cated in a dweIling in which the prac- SECTION·31 "J -STREET PARK- feet from the ground ~nd s? placed as qU.Ired front f yard S~all. be at least Board of Appeals. may, in a. specific " :":~fé -IV" ;Slt~,~, ,~,;.¡DISt~lct 400 18 sItuatem- - . . . , . sory thereto, and PROVIDED 'further,' Airicultural Districts, no building shall all street and prDJ?e:,ty lme~. . where ~ropertrY.,is bounded on any side ~ng, aut~lOrize such permissive use and .~cl~ V C. I~dUS~ 81 D~rIct 500 19....,.,sETBACK: The mmunum horl- no goods are publicly displayed on the be hereafter erected or altered or I SEÇTION 409u :: SI~E OF .~- ~y a rallroad.i"lght-o:-way or on a rear Its,locatI?n within t~e district in which Mticle VI TOurISt Cam~t 08.mp zontal distance ~tween the street or premises and no sign or advertisement added to in excess Iof fifty (50) percent AREA, ~n the B Bus:ness DIstrIct, lme by a raI~oad rIght-of-wa!, th~re thIS Ordmance specifies the permissive '. Cott~es; an~ TraUers 600 lot llge: (front, sIde, or rear, as the is shown other than a sign not larger or its area prior ito the ado tion of no ,bUIldmg shall be ereclted or altered shall be a setback along the entIre use may be located, subje.ct, however to' .Artilcle VI!- A:PP!lcatlons "ana Ji!er- case., ~:aw ~) of the bUi1d~g or any than two (2) square feet in tota.l area, ¡ this Ordinance, uhless not 1;88 than o~ a lot of an area less than seventy- lengt~ of suc.h railroad right-of-way the fol1owing: , ,mlts ,., !loo., ~mJ:~~tIQ~: thereof, excludmg - steps, bearing only the name and occupation lone (1) parking ~ace for each family .fIve hundred (7,500) square feet or or, prIvate rfght-of-way of at least ,(a) Before such approval shall be J\ttiicte VIII Board of AP'})eals 3 8GØ'J ø~s; 'te~~e8, and bay. windows not (words only) of the practitioner. I unit therein shan' r'd d f Fa upon a lot havmg a frontage of less thIrty (30) feet. gIven, the Board of Appeals shall de- Atti1~~ IX Amendments ,-, .. 900 ,~i~bmg:~Jþ1.ope ~e.n five (5) feet. r . _, .' e p OVI e,. or. . r than fifty (50) feet. SECTION 504. cec" SIZE OF LOT- termine: A.t,trele: ~ General !PrO~i~ ]¡QOO~, 2~~~ TOOt portion of a build- 9. Whe sale at retall of farm garden all ~la~es of publi assembl! ~ncludmg SECTION 410 OFF _ STREET AREA In the tiC" Industriai District, I (1) That the use will not prevent ~E.A':S, all 1Jie_ matte!,s", and¡.iÐ.¡f:'îjiclUdêfl -between the" surface of 'Or n~sery produc~ prod~ced on the, ~~di:~=, c~= as a~ddsI:,ilar p~~; PARKING AREA In "B" Business no building shall be erected or altered the orderly and reasonable use of ad- thlij~~~Nuir-ed to be done, by: ~'g:~-QWn ,any floor arid the surface pf, the 1100r prem~ses ~ of t~Im;ls ~~~ed ~n the! be ;rOVided gn:t Iih :~~ eo~e (~~e s r~- I District, no building shan be hereafter on a lot of a:a area less than twelve. jacent proper'ties or of properties in Lâw: (if "the state of New ~():rJt. ;an oiiier_' next abQve it or if there .be no floor :premIses. e 1 a ver ISIng SIgn or 1 . :f. ÎÌí . pa erected, or altered. or added to in ex- thousand five hundred (12 500) square adjacent use districts' ' ~~t 'the ~~wn,. Board ~f the Tö\vn of i aböve it, ,then the space between it and signs n~t tex~ee~gl twenty-four . (~4) J ~~:~~ce or ~~,,~: l~~en (7) p~rmanen~ I cess o.f fifty (50)' percent of its area feet or upon a lot with a' frontage of' (2) That the use 'will not prevent aø~thol~,.x SW:fG.1K CôuntYJ! Sta.~, of New the cÐiIiþ:g next above it. \ ~ ~~are i' ee f!Ill to a area advertlsmg, part o~ ::c tÓì.' mgs or.~ each prior to the adoption 01 this Ordin~ce, less than one hundred (100) feet. 'the orderly and reaso'nable use of per- York, may' avail itselt o.f the· pqwers 21 STORY-HALF A story: under a e sa e 0 farm garden or nursery. b 'ld' e ..:~¡ area WI suc unless a minimum provision for off- SECTION 505 OFF _ STREET mitted or legally established uses in ,,:~~:ÞIie? wltñ. . , . plates of whi~h, on at least two (2) of ammals raISed on the pre~es. ent or tem e,'~' seven perman-¡ (a) Hospitals One (1) $)arking tr.ia1 Distric$- no building shal~ be to be located or of permitted or legally . - ~;pW,,~, REl the Town ~rd opposite exterior walls, aI;e not mÇ>re' 1Q-..:One (1) reat estate SIgn not f '..po """ seats. The form~a space for every four (4) beds. hereafter ere~ed or altered or added establ~hes uses in adjacent use dis- .&~ . be To~ of SOutho!~, SUffolk Oo~- :than tWÐ (2)" feèl ,.a,böv~~£ filiiSbed 1arg~l than twelve (12) squa~~ feet in 1'a~r ~rOVldmg . ,adequate par.kmg I Cb) Theatres-One (1) Pax king space to in e~~~ _~,îifty (50) percent of its tricts; . _' tYI state ;of New York; by virtue ål' floor of' suCh storY.~" I are'a an anyone .(1) or more 'lets, ad-: 1 f ~a 1 an area 0 ee hundre.d thIrty- ,for every (7) seats. . area prior to 'tñI adoption of this Ordi- I (3) That the safety, the health, the the authority in it by law invested'l 22 STRUCTURE Anyth1i1gconstrùc:" vertising the sale or letting of only, tour (33~) Squa;~"~ et per required mO-j (c) Dwellings One (1) parking nance, unleSs.~minimum provision for welfare, the comfort, the convenience hereby ordains and enacts thè follow... ted or erected, the use ~; which re- the premises ~m which it is mainœÌned or vehicle umt¡;,~, . space for every dwelling unit. off-street patÌdng shall be made as' or the order of the Town will not be in~ ordinance. ., I quires - a more or less pet~a.nent 10- '3nd set back .not less than th.e required t "B" ~<~ LE IY . Cd) Hotels One (1) parking space fol,lows: . adveTsely affected by the proposed use ~EOTION 1 ThIS ord~ançe shall be cation on the soil, or attacI?:'èd to some- front yard dis~ance and ~ot ~ess than' SECTIÒ 4 ~ess Dls~rl~t . for every two (2) rooms. (a) All buittdIngs where the ground and its location; and ' mown and may .be cIted as "The ..thing having a permanent¡~~ocation on ten (10) feet from each sIde lme. . t ' t N ,n ~e B .Busmess I (e) AIl places of pUblic asse.mbly floor area is two thousand five hundred '(4) That the use will be in har- " .~ulldU1g Zone Ordinance of ,the ,Town the so'il. :~:i . 1 When the advertising sign is for ihe ~su:~~' :d :Ü~;'f¡J,g .or premls.es shall such as auditoriums, churches and for (2,500) square:feet One (1) parking mony with a~d promote the general . pro Soutpold, S~ffolk' County, New! 23 STRUCTURAL AL~ATIONS. purpose of selling or leasing of acreage,! aft 'ted. '~~dm~ Sb~n be ~~re- similar uses One (1) parking space space for ea:eh two hundred (200) purposes and intent of this Ordinance. , ¥Ö~k!' Any change in ,the support. members or the selling of lots in a subdivision,! Wiser erec'd d o~ .'th~re 0 ~ .ess 0 er- for -each seven (7) permanent seats or square feet of bUilding area or fraction ¡ (b) In making such determination, d"', ' ,ARTICLE. I; ,'Of a building, such as ~~ing walls, one (1) real estate sign, having an a.rea ~ cep~ ¡rOvln,€ (~ IS .r ma~ce, ex- an area equivalent to seven (7) per- thereof in excess of two thousand five the Board of Appeals shall also give i~, "SECTION l{)~Def1~tions-:-Fòr t~e colqIrins, beams or girder~:~. " of not more than twenty-four (24) lowin orus~~ :1 r mOle of he fol- manent seats. " hundred (2,500) aquare feet. ',consideration, among other things, " ~",pqrpose o.f this Ordman~e, cer~aIn I 24. YARD-:-An ope?, SP~ on ~he square feet, will be permUted on each I 1 ~ne l' f ' ' . I. ~¡f) All structures wh~re offices or (b) All places of public assembly to: . . ' terms and words are, herewIth, defmed same lot wIth a bUlldmg(èt;\Uloccupled five hundred (500) feet to one thous- dwellin s' (~Ult~ Y 01 t,;o (2) fa~ly hvmg quarters are proVIded over the One (1) parkil'lg spaee for each seven' (1) The, character of the eXIstmg .as follows: . !and unobstructed from thE{~g!oUnd uþ- and (1000) feet oJ frontage 'On the ¡ ( 'dgìi 11 . e famIly dwellmgs first +loor, an additional space shall be (7) permanent seats or an area equiv- and probable development of uses in Words used in .the present tense m- I ward except -as otherwi~~" provided highway or highways on which the ~ rPr':l. e ce,a" re~em~nts as are .out- provided for each office or for each alent to seven (7) permanent seats. the district and the peculiar suitability clude the future, the singular number herein. ~~,'" ¡property fronts, PROVIDED said sign! tme 1 ;. tA. t ReS~entIal .and ~grICul- dwelling unit. (c) All structures where offices are of such district for the location of any includes the :plural and the plural the 25 FRONT' YARD Thè'" " required is set back no't less than the front yard Iura 18 rIC . are¡ complIed wIth). I (g) All other business buildings provided over the first floor An ad- of such permissive uses' singular, the word "building" includes lopen space extending alo¡{m~bh.e st~eet restrictions required and not less than I "A~' Al1.fer;n;te~ uses ~s outlined .in where the ground floor area is in ex- ditional parkingiili!space shall be pro- (2) The -conservati01~ of property Includes the word plot and . the word abuts. ,'f ,. . j the bottom of sIgn be placed not less 3 : (2,500) square feet One (1) parking The formula for proVldmg an ade- most approprIate uses of land; "shall" is mand~tory andnot direCtory. 26 REAR YARD-The r.oo open than three (3) feet above the ground. I b :J0tels, 1l10œls,. ~ot~r lo'd~es, . space for each two hundred (200) quate parking area is :an area of three I (3) The effect that the location of . building, subÇ)rdinate'to the, main build- ¡ (not a street line) thr.l1Qut ,the of less than five, hundred (500) ¡feet, m:n Hos itals ~ ~ ,. tion ther,eof in exce:;¡s of two thousand per required motor vehicle unit. ! creation or undue increase of vehicular tng on ~ lOot .~nd used for purposes whole width of the lot. t : the sign permitted shall have an area. thos f p. ~n cl~lCS, ot~er th~n five hundred (27500) square feet. 1 . ARTICLE VI j traffic congestion on pUblic streets or main building. space extending along the ~~~ lot lines feet and the same restrictions shall eas~~, 01: msanity:.: or .mental diseases, quate parking area is an area of three and Trailers (4) The 'availability of adequate and 2 AN AGRE An acre as applic- from the front yard to tl1~,{rear yard. app!y. or lqUO~ or drug! add:cts.. , , I hundred thirty-four (334) square føet SECTION 600 PERMITS RE-' proper public or private facilities for the land exclusIve. o'f street areas. - lof ,a lot shan be the tota~!~èa mèas- the HAJJ Residential and Agricultural t. b e. ephone, ~1leg1 aph, gas or elec- ARTICLE V tabl1shed, mamtamed or operated in 01 sewage, refuse or other effluent 3 BOARDING AND TOURIST jured inside all of its bou~iaries. ¡ District, no building, ,hereafter erec- T~~mess. . ~, "e" Industrial District any district, nor shall any tent, ~ent- (whether liquid, solid, gaseous 01' other- HOUSES, A building other than a hotel ARTICLE II :.~( : ! ted or altered, shall excee~ thirty-five - 7 .PI Tes. ¡ SECTION 500-In the "0" -Industrial ho~se, camp-cottage, house-car or wise) that may be caused or created where lodging, with or without meals,. Districts ::~; (35) feet or three (3) stories. 8 R aces of a~usement. District, all buildings and premises, ex- traIler, to ~e, used or occupied as a by or as a result of the use; for six or more persons is furnished SECTION 200 USE ;~~];8TRICT Except pUblic or semi-public build- f t' estaura~ts, bakery shops, con- I cept as otherwise provided in th'is place for lIvmg, sleeping or eating, i (5) Whether the use, or materials for compensation. ',REGULATIONS· For the\ l§urpose of ings may be erected to a height not ~ t ec, IOnery or ICe, þream shops or fac-. Ordinance, may be used for any use whether charge is or is not made, be incidental thereto, or produced there- 4-BUILDING A structure having' this Ordinance, the Town,~":,SOUthold,: exceeding fi,fty (50) feet when set back j o~le~ .J . except the fallowing: erec~ed or placed therein, unless au...' by, may give off obnoxious gases, odors, a roof supported by walls and when outside Of the Incorpora1!è~ iV''illages, an additional six (6) inches on aU I ' ub~1C g~agêS or automobIle ser- 1 Abattoirs (except as ,a speci~l ex- thoTlzed bY, t~e ~own Board pursuant smoke or soot; separated by a' ¡party wall without \ is h.ereby divided into thrttW) classes 'sides for each foot such buildings ex- I :rIce statIo,ns When approved as a spec- ception by the Board of Appeals as. to the proVlBlOns of the Trailer Camp: (6) Whether the use will cause dis- openings, it shall be deemed a separate t of districts which shall ~rdesignatéd ceecl the height of thirty-five (35) feet.! Ial exce~tlOn by ~le, Board of Appeals hereinafter provided). Ordinance dated June 30, 1953. ¡ turbing emissions q,f electrical dÌB- building. as follows: - ~,~~ SECTION 302 "A!7 BUILDING' as heremafter p~vIded, I 2 Acetylene gas manufacture or gas SECTION 60~Article VI shall not charges, dust, light, vibration or noise; gate of the maximum horizontal cross TURAL DISTRICTS ¡Ai;,;;, AgricultUl'-a1 District, th-e total building I ?artmg or hau1~~ offIces or statlO'ns, ,or from any other product or the stor- or seasonal camp 'Of .any unit of ,the ~uance of th~ use will cause undue section area Qf the buildings on a lot, "B" BUSINESS DISTR~.S I area shall not exceed twenty-five (25) Ice -manufacturlll~, ya:d~ for sto~age age thereof., Boy Scouts of ,AmerIca or the Girl, mterference wIth the orderly enjoyment excluding cornices, eaves gutters or HC" INDUSTRIAL DIS.liCTS I percent of the total.1ot area. and sale of coal and bmldmg materIals: 3 Acid manufàCture. Scouts of AmerIca or other such or- I by the public oJ parking or of reCl'ea- chimneys projooti~ not' more than I SECTION 201 The bO~~aries of! SECTION 303 "A" SIZE OF LOT- 11 N~wsp~per 01ïice~. or job printi~g, l 4: ~mlQnia, ble3i0hing powder or g~nizations u!lder the. le~dership pro- ¡ tional facilities, if exi.sting, or if pro- eighteen (18) inches, steps, one (1) said districts are, hereb$lèItablished AREA In the "AJJ Residential and book b~nderles, laµn~Iles, dry, cle,amng chlorme manufacture. i ~Ided by saId orgamzatIOns, J.Ì€spec- posed by the Town or by other com.. story open iporches7 bay windows, not as shoWn ,upon the Bui1din"~n~ Maps' Agricultural Distl'ict, no building shall. or , dyemg, under~kmg estabIIShrí1ents. 5 Arsenal. tlvely, petent Governmenta.l agency: . extending through more than 'One (1) which accompany and wh)~~,!', Wlth all b~ erøcted or ,altered on a lot of an 12. oream,ery, ib~tter o~ . che~e 6 Asphalt manufacture. , . A~TICLE VII. :8) To the necessIty for bltummous story and not projecting more than notations, references and tier matter area less than twelve thousand :five ma~mg, mIlk b<:lfitlmg or dIstrIbutmg 7 Blast fur~ace. t App11catlODs and Pernuts sUlfaced &~ace for p~rpDse~ ~f off- five (5) feet, balconies and terraces. I shown thereon are, ~erel"fi d~lared. hundred (12,500) squar~ feet, or upon statIons. . , 8-C~ment, lIme, gypsum 0'1' plast.er SECTI~N ,7<JO. It shal~ be the du~y! street parkmg of vehIcles mCldent~1 6 BUILDING HEIGHT The ver- / to be part of this Ordll1.aq.-as If the a lot having a frontage of less than 13 Sh?I>S for '~1Jente1s, plumbers, of rpa.rIS manufacture. '! of the BUlldll1.g Inspector, or such pe1- ,to the use, and whether such space IS :tícle distance measured from the curb I matters and things set fØ: by ,said one hundred (100) feet., . ¡ ~lac~mlths, uP1:î,~lstereTs, electr~cians, 9-00ke ovens. r son as ~esignated ~y the Town Board, I reasonably adequ~te and appropriate level to the highest pOint of the roof t map were '311 fully desc~iJ~r'"t1erein. I SEOTION 304. "A" F'RONT YARD- tI~ffilths, paper ~ hang~r~, pamters, 10 C~eI?ato.ries. I and h~ IS hereby gIven the po.w.er and i and can be furmshed by the o~ll~r sur ace, I a a , ,}!1li!\, h k· tch ' 'th's Ord', d' t t th I t h . t d of and to' the mean erected altered or used, al\~:'n{) prem- tural District the required front yard' S :Oema ers, Jewelers, wa and clock 12 Dwellmgs, an types. I 1 mance., or a Jacen 0 e pow erem ,he ~ . ah:n:n~r b ;0 e:n eaves and ridges: [ses Sh~ll be used. for any .~er than a 'shall be at l~ast thirty-five (35) feet I makers, opticians,; musical or scientific 13 Explosives, manufactUI'e or stor-' SECTION 7~1 The Building Inspec~ ,use shan be had; eIg eve ~t:r ambrel roof PRO- purpose permitted in the zà"~:ln which ;.from the street line. . instruments, pet ì anir:m~s and other age.. I tor shall. r~qUlre th~t the application' (9) Wh~ther a hazard to. life, limb . for a gable, p. g . t such building or ""'remises,- ';;,iQCa.ted SEOTION 305 Where Property in trades or uses .o1i a sImilar grade. 14. Fat rendermg. [or a bmldmg permIt and the accom-Ior property because of fIre, flood, mne S SIres, owers7 :1"", ,": '. . '" .,.' . ' elev:ato: pen ouses, a eS' ~cluded in tween distr-icts are, unle ~;~'tiherwise' permanent buildings and an ,avera.ge slips, f€il.Ty ho~s, .fishing stations, 16 Fire works manufacture. .' 1l1¡formatlO~ necessary to' enable him. reason or as a result of the use, or proJect.lOns 5h~11 ~?~ b. t back from I indicated, either street Ii,' &2,c{~ai1road setback line O¡Í more or less than thirty boat yards, bus :s'tjitions and terminals. 17· Garbage, Qffal. or dead anImals, to. .a;:certam ~hett:er the pro~sed by the str~ctures ~o, ~e used therefor, the heIght. .FOI hUllàmg se c b ex-l rights-of-way or such 1i1~'~' "èxtended' five' (35) feet haS been established, no 15,' .AnY man~ctlillÍ11g, fabricating, reduction or dumpmg (except as a bUlld~g co~plles WIth the prOVISIOns or by the. maccesslbIllty of the prop- ~he str~t lme and where no ur from or lines parallel thereto O'"S:>undaries buildings, hereafter erected or altered, treatmg, c~nvertiÈg, finishing, altering I s1?ecial excep~on by the ~oard Qf Ap- of thIS Ordm!\nce. .. . I ert~ or structures ther.eon, for t~e con- the aver~ge elevati~n. of the groun 'shown on the zoning ma ',bé~ween a I average setbook ISO established. aforesaId per~t~ uses and which is' 18 Glue, SIze or gelatme manufac- I shall be Issued ~tl1 the Bmldmg In- other emergency .apparatus or by the surroundmg the bwldmg. I street and a district ooundf1ry line>;th.ey: 'SECTION 300-In case of à. corner a fi-éCessary incîd~nt and accessory to ture, I BP€.c~r O'ha~ œrt~fi,ed that tI;te pr~posed undue concentratIOn or .assemblage of 7 DWELLING-ONE FAMILY A I . '. t th t the district boundary line lot of record -at th time of the pas- the prepQ.ratiön öI aa-ticles to be sold I 19 Gunpowder manufacture 0'1' stor- bmldm", 01 addItIOn complIes wIth aU persons upon such plot, detached building de~igned for 0:- DC" ,m~:a.e l'alfeI to the stre~t line at asage Of this Ordil1á:Cê, a. front y:ärd primarily on thai premises or to the age. . . the provisions of this Ordinance. (Continued on Page 7) : cupied exclusively by one (1). famlIy. ru pà. =: _ _ ' . , - , . , (10) Wh th \~'t'h" ." " , "" '.'. ", " , i ',' discontinued. The 130ard nf App'eals ," " e e "'".e,us¢,o1' the ,st:n.tc:" ,", " " '" v,. ,', tures to b ',1"'A 't,h"# '." ,,¡may, hoW€.ver"perlllits Its contmuance , eupu. ,., ere.1or, WIll cause '. " . I ' t· 'h' , an overcroWd' ... f '}, 'd' 'r ' ", as a specIa excep lonaserem pro- , , . 1 , 0,', an, ,f) undue ~on.- vìde.d, , ' centratIOu of ',opulation' " '" ,',' '" , (11)' .",',., " ~, "". ".' , " "'., SECTIONI003,-The Planning Board . ' appro ..,ate and adequate for dinanceand shall' fromtìme to time ' tqe US? and t .. '" reaso~ably anticipated '¡reCOmmend. to th~TownBo'ard such operatIOn and l..oxpanso th f·' d ' ' , " , ' , ',r-" . In· ereo -! an changes in the Ordinance. and in the . (2) Whethet the use to be operated boundari,es of the various districts as 18 unreasonab~Y' near'.to ,a church, it shall deem advisable to further pro- I ,school, theatre",recreatIOnalarea or mote the health, safety, morals or the' other place O~PUblic assembly.' " ,', general, welfare 'Of, the community., (c), The Boa,i-d of Appeals shall" in, SECTION lOO3a. ,All labor camps authorizing suth permissive use~, im- ¡Where provision is made for the ho'us- pose such corlctitionsand safeguards' ing and feeding of transient help re- as it may dee~appropriate, necessairy 'gardless of the number to be accom-' or desirable ~tpreserve > and protect! modated, shan first meet all require- the spirit andl oþjectives \ of 'this. Or- ¡ m€nt 'Of 'existing law. Farm' labor ,dinance, ¡ '. , ' camps on farms shall not be located , (n)~en, i~ltsjudgment,the PU!?lic¡ nearer to any other residence than ,to convemence a~d 'welfare ,-and justice the residence of the employer except wiIlbesubsta~tiällYServed, and pro- as a 'special exception by the Board 'vided that, the, , legally, established' or of,' Appeals. The location of any other, permitted use ~~ .neighborhood próper- ¡ labor camp or camps not on farms shall ty ,and adjacerlt use districts will not I be sUbject to the 'approval of the Zon- , be substantialtr or permanently in- ¡ ing Board of APpeals., " jured, the Boaril of Appeals may, after SEarION lOO4-In any district, no public notice and hearing and sUbject Public Garage for more than three' (3) i , to , appropriate; conditions . and safe": motor vehicles and n9 gasoline vending, ' ~guards asoutli~ed,auth'Ûrize the grant-' statioJ;l shall be erected oralter.ed and ,ing of a permtt. , ",' , used within two hundred (200) feet of , (a) Where a. ~strict boundary line di- any tpremises' used for, a public school, ,'videsa lot which is proved to the satis- pUblic library, church,. hospital or or- \ faction of the ~ard of AppealS to have; phanage. ' ' , " , , been in,single~nd separate ownershÌpSEOTION 1005 PUBLIC PARKING 'a.t the effective ¡date of' this Ordin:ance, PLACES No ,public parking place' and the total;areà Qf, which lot has shall be 'conducted in any district ex- not beet;L diminished or: increased since c-ept as a spem:al exception by the such date, the Jess restricted use may Board of Appeals. " " be adjusted to éxtend to the whole or . SECTION WOO-On any corner lot, any part of sucJ1lot but not more than, no' wall, fence or other structure shall f!fty (50), feet~yo~d ~e boundary I be erected or altered, and no hedge, line of the use;.dlStrlCt ill, which said; tree, shrub, or other growth shall be loot is located. '.',,',.. ,".,' ...' , ." , . I ~ainta~ed which may cause" danger (b) If the less' restricted use shall ¡ to traffIc on a street by obscuring the within .a reside.ntial' use district, a SECTION 1007 NON-CONFORiM- permanent openspa.ce for a rear and,ING USES' The lawful use of ra build- side yard of no1;less than, ten (10) ing, eX!Ìsting on the effective d'ate of :feet shall be provided for and main- this Ordinance, or' authorized by -a tained within tne 'lot area as' so ex- (building permit issued prior thereto tended. Also' in ;such event, if the less! may be' continued although such tis~ restricted use be extended more than does not conform with the provåsions ten (10) ¡feet, the said minimum' rear of tbis Ordinance and suoh 'use may be and side yards ,shall ,be increased by extended thro'ughoutthe building law- one (1) foot for-each additional ten fUlly acquired previous to the said date. (ÌO) feet of suohextension. ,', ' A non-conforming use ,of a buil(ijng SECTION 802" The Board of Ap- I may ~e changed toa use of the same peals shall make. rules"as 'to ,the man- or hIgher classification according to' . ner ,Qf filing a]þ.peals' Qr applications the provisions o'f' this Ordinance. for special e.x:ceptions, or "variances. I Whenever a' district sh~n. hereafter be SECTION 803......Upon the filing with changed, any then eXIStmg non-con- the Board ,Of ~~eals ofi~n appeal or [fOrming, u.se . of a building .:in such of an applicatIOn Jor specIal exception j changed dIStrlct may þe, continued or , or val.'ianoe, the;8oard of Appeals shall changed to a use of la similar or higher fix a time and pls.-cefora public hear- classification, provided all other regu- , ing thereon and shall give notice there.. lations governing the new use are com- of as follows:'" ,'" , .' ¡plied with. Whenever a. non-conform- .' (.90) BytpubliS~gav"noÚce thereof ,ing ?se of the bUild~ng has ,been dis- ill accordance wIth the Town Law., ,contmued' ;for a perIOd of more than '. " 'ARTJØLE IX I two years, or changed to a higher ,.,' " Am~c1ments, , classification, or to a conforming use. " "SECTION 90œ~.ìThe ,'Town' Board' anything in this Section to the, con- ,upon its o-wn IIlPtioll . or by petition l.trn;~ ndtwitbstand~, the, non-con- may, from time.~o tÍme,' amend, sup- ,!formmg use of such building shall no ' plement, change,~~odifY 'or repeal this longer ,be permitted unless a variance '.. ce :inoImlìf¡.g the Zoning Yip, I to 'such non-conforming use shall first by proceeding in '~iß ;following"manner: !have been granted by the, Board of SECTION 901-f1rhe ToWn Board 'by I AppeaIs~ , ' , , Resolution adoptéd at a stated meeting ,SECTIO~ 1008 "TIDAl;.' " shall,fb.c tl1~ ,time;and pl8lCe qfa'VVhenthe tidal lands are not.shown as , pùblié 'hearing ort the propoSed amend- zoned O? the Zoning IMap, they sba.1I·' ment :and cause notice thereof to be be consIdered to lie within the "A~' given ·as fòllows ~!;, , " Residentia1·and Agricultural District but (a) Bypublislng a notice thereof no structure e:t;ected tJ.?ereinshall be once a week fo~~ two (2) successive erected upon such lands owned by the weeks in two' (2~I'Newspapers Ofvgen- Town o,f Southold expept upon, the ap- eralcirculation plblished in the Town proval of the Board of Town Trustees. (b) The noticlsbalf state the 'lo~ . SEcnON lOO9-V ALIDITY , Should cation and gener, na.tureof the pro- a~y ,section or provision of this Or-( posed amendment. ',' , " ," ,'. 1 dinance ,be declared by a, court of I '(c) The To~n,Boar~, beforeadver- compete~t. jurisdiction to be invalid, I tising for iþublic,·heanng" shall, in a ~U~h ,decISIOns shall not effect the val- Planning Board to prepare an official any other part thereof. . report defining the, <CO:nditions de.. SECTION ImO IWI'ERPRETATION" scribed ín a petitioµ and determine the, PURPqSE AND CONFLICT In :inter-, area so affected Wîththeir recommen... preting and applying the provisions Qf, dation.' " ,',' "'. ',' .', ,," ",' this Ordinance, tl)ey shan be held to, 'SECTION 902-In case, however, of be the,' minimum requjremnts for the I .8 'protest against: such 'change, signed promotion of the health, safety, morals! by the owners oltw€nt~, (20) percent ?r the, general welfare of the To-wn. It or more, ,either of the-area of land 18 not mtended by this Ordinance to in- , inCluded in suchlþroposed change, or terfere w~th. or abrogate or annUl any i or that immediat,~ly, adjacent thereto, ,Town ~uilding COde, or any rules and; ,extending ,one {J,1~~d ,(100) " feet regulatIOns adOPted, or issUed. there- ¡ therefrom, or of phat' directly opposite under, or the ru1es and regulatIons of· thereto, extendin, one hundred (100) the Department '0:1: Heal~hof the Coun-I feet from the st~eet frontage of such ty of Suffolk, an~ .not m con?iet with 1 opposite land, s "h amendment shall any .Of the proVISIons of thIS Ordin- not beCOme effe, tive except by "the anee, '::RO~ED, . h'Ûwever,that favomble vote ()~ at least four (4) wher.e ~his OrdInance lIl1poses a greater members of thefownBoa.rd~ ,'.' :restrictIon upon the use of .buildings or I, SECTION 903 '.,:t ' a, public Hearing, ,pr~~ 'Or u~n' the heIght, of the ¡full opportunity ,be heard shall, be :buildmg,~r reqUIres larger open spaces! . en to any citi?Ìn. and all parties in than are llnposed or required ,by such I f~~eresi. 'J ' " , ; , Qrd~ance" rules and. .reguIatiQns,the : AR ,,'CLE ,X, ' ' proVISions 01 this, Ordl,nance shall oon- Genera ~Provisions ,troI.. SEOTION 1 ìn. a Residentrnl and, ',SE~O~ 1()11 REMEDU:S In 'case . Agricultural Dlst, ~t where a. lot abuts any, building or structure IS, erected, I on à parkway, t'.' lot shall be con- co~tructed, reconstructed, altered, ra- I sidered to front ,~., have a. front yard PaIred,. c?nverted or maintained, 'Or on the street and¡,; . 'On the parkway :my ~UlI~g, struc~ure o~ land is- used and where the.,·, ding accords with m vIolatlOX: of thIS Ordinance, oro! . section, a prl,,: t8 aCcessory garage~ny re~~atIOns mad~ Ptu'S~llt thereto, =: be inco!,porat'; , dn the building 'Or m addition to other .remedi~ provided.' ~ed thereto "rdless 'Of distance by l~w, a.nya.pproprlate ootion or pro- st streets. It,' .' ',' , , ceedin~ whether, b! l~al process or from dr'ION 1001 <i ..' Notwithstanding otherWIse, may ,be mstItuted, or taken , SEother provisiO~! of· this ordinan~ topre.vent such Unla~Ul erectio~, con- ~ a.utomobile or ,lither, junk yards m I str:rctlon, recoI15truct:oo'n, alteratIOn, re.. . a .. and in ~ecta.~ :the date of Ipalr,co~version, mam~nanœ or use, ~e~:~anoe s:~ within the ex- to .restram, correct orrabut such vi?- ~. of 3 year, 'ifrom same provide lat:on, to prevent the, occupancy of saId , pn:atlon screening ;2::~' thé form. of solid ,building, ~tructure or' la.nd or :td .pre- SU1t~ble or hedge~ICompletelY around vent ro:ymegal act, conduct,. busmess I ¡fancw;] hary of '~,Æarea uSéd Îor such or use m or about such prenuses., I the pe P ',o'seS,"~:,. the type of fenee, SEbTION 1012 PENALTIRS For . storage PU:all DEI~Ubject. to the ap- a~~ and eve:y viol~tioDJ 'O~the pro-I, or hed~~ the pIa "·~~i.' Bç1ard. .' " VISIOns of thIS Ordinance, the, o~er. I, P.ro~ON 1002.:::;, Notwitl1Standing?eneral agen~, or contractor Q.'f'~ b~d""11 S r ' rovisi0t!!lof this Ordinan~e, mg or !pre~es, ~here, such VI01atl~ns, any o.~: '0: coI1Jl11elllalbillboard in ex- have been comrmtted or~hal1 e~t, I ~ Slat the effe<{&Yedateo.f this Or- and the,general agent, ar~hitect, buiId-,1 ~tenœ a in. ø. Resi~tialand ~icul- er, ~ntractor or .any other person who! diIlance. ct sJ:W.If:¡e.tthe e~tion lrnowmgly commIts. t~es part or as- ....f fIve (",.,.. ' , v.' ¡-:\f;,~f'-- "',"" :~~}:t"':- '- C"""''''-''', ,,,,,~,."..,-' -- _'$0.''<''..'. ,_ /-iW~;':;\ · ~ e PUBLIC HEARING TOliN BOARD TOWN OF SOUTHOLD Southo1d, N. Y. August 31, 1956. 8 - " / - -- f""¡:r¡''ì·:;; "'tf:IW'l!I_~ _~I.~t!::f~o;;·.! , ., . I'UBLIC HEARING 'l'OWN BOARD 'TOWN OF SOUTHOLD .. Sou1¡hold. N. Y. . - Auguøt 31, 1956. 1',i' 0"- ",' " . , " . , '.. P r . 8 e n t : .' ',\ " NORMAN KLIPP, Superv1Þl' LB8'l'D M. ALBERTSON. Coun.,llun , ...-,"C.;.. ~Á. CLARK, ~t1oe of Peaae 0< LOUIS DEMAREST, Justice of Peace ',,~ " RALPH W. 'l'tJ'rHILL, JlIlt1ce of Pdce "'.: R. G. TERRY, JR., Town A'ttorneY' , ...... .. . " " " ,.'\. .' 2 SUPERVISOR KLIPPI Good evening, Ladie. and Gentlemen. I have delayed tb1s hearing Just momentar1ly to be lure . that everyone got in that could get 1n. Pirat, I want to read the Not1ce ot the hearing. NoTICE IS HEREBY OIVEN that . publ10 hearing wlll be held by the Town Board of the Town of Southold, Suffolk county, New York at Southold H1gh School, Oaklawn Avenue, ,t;} ,\:'¢,..; " Southold, 1n the Town of Southold, County of Suffolk and State of New York, on the 31st day of Auguat. 1956, at 8100 o'clock (EDST) in the even1ng of .a1d day, In the matter of the adoption of 8 propoaed zon1ng ordinance of the said '!'own of Southold, 81 recommended to the said Town Board by the Zoning Couunlnlon ot and for said Town, entitlec "Building Zone Ord1nanoe ot the Town of Soutbold," a ooPY of wh1ch ordinance is hereinafter sst forth. '.'J' All parties 1n interest and o1tizens will be heard by the Town Board at the pUbl1c hearing to be held as atoresa1d (copy of Proposed Ordinanoe attached hereto and made a part otthe record.) . Datedl August 9th, 1956. By order of the Southold Town Boar Ralph P. Booth, Town Clerk. SUPERVISOR KLIPPI NOW, at this t1me I have the affida- vits of pUblioatlon and I read them a. follows I Fre4er1o~ C. Hawkins. betng duly sworn, say. that he 1s the owner and publisher or fhe ~ ¡.~4 Traveler . 3 , Jllat1l1tuck Watchman, a publ10 newspaper printed at Southo14" ,~. in Suffolk CountYJ and that the not1ce of whloh the annexe.r> , .' is a printed copy, has been publ1shed in .ai4 !£!:!& Island . Traveler-PIatt1tuok Watohman once each week tor three (3) ., week! success1vely, commenc1ng on the 16th day of Aucu_t. 1956. (signed) Frederiok C. Hawk1ns. Sworn to before me th1s 31st day ot August, 1956. (signed) Adele Payne, NotarY Public. ßtiERVISOR KLIPP1 And I read the affidavit ot publi- oation tor the Suffolk T1mes. F. Langton Corw1n being duly sworn, Bays that nè i_ Printer and PUbliSher ot the Sufto~~ Tlaes, a newspaper publ1shed at Greenport. 1n sald county, and that the not1ae, i:~~~~::<1 of which the annexed 1s a printed oopy...baa been pub118hea in the sa1d Sutfolk Tlmes oncet1n each week, tor threeweeka, suocessively ca.menc1ng on the 17th day of August. 1956. (s1gned) F. Langton Corwin Swórn to before me this 31st day ot August, 1956. (ø1sned) Ruth V. Tasker, Notary Publio. - SUPERVISOR KLIPP I At this t1me. Lad1es and Gentlemen, - I Jut would like to brief' you on Wbat has happened 1n the way of zon1ng 1n the Town of Sou~hold 1n the put two 01' .ore years. SOllIe tUle ago tbere Wall a deasand for zoning 1n the Town or Southold. Now, I don't say that that aeme from all 4 " quarters, but there w.s sufficient demand to indioate to the Town Board that lomething should be done. At that tiø the Town Board, it you will recall. 1n about Augu.t of 19!M. . sat 1n the various school distr1ct. or comb1nation. of sahool d1str10t. throughout the t0101 to get an expre..1on ,",. . or op1nion a. to whe1lher the people wanted a zoning oQlllld;a" 810n appo1nted, and an appropriation or lIloney ac2e 11' the",. .?' next y..r's bud¡¡;et for this work. The result or thole .eetings 1ndicaud that there were approx1l!111telY -- not_a: but approx1l118te1y - three to one in ravor ot us appo.inUq' . a zon1.ng a_1aa10n and approp:ri.t1ng IIIOn8)" ror \bat pU¡OP~_ After the Town Boai"d 80t the expre8l1on of opinion ~tbe.'·" people, the next 1eglll ltep to take was the appointment ot ¡<l..I., a Zoning Comm11.1on. Now, the Zonil'\& Co.isdon ..sn't picked by the ToWn Board. We asked tor adv10e be.e and t'-~: ' and 1n ditferent quarte:ra. and any name. were submit'.d to the Town Board 8S po..ib1l1~1eeto serVe on suoh a COIlllll1.s1on. What the Town Board was arter was a' group ot lIlen whCIIII th8)" thought would be rail' and square and equitab.....;., -, no ...ttet- what their lIleanl of U.,eUhood "I) whe\h1D' - rarmers, people, merohants, grooerl, or wbat. 'I oan aøøure you this, that the Town Board made no IIlls'ake. There may be a ditterenosof what the Boning comml..1on hll done or has not done, but I want to tell you at thi. 1;1IIIe that all through the meeting. or the soning oommi88loÞþ 5 and there were many of thelll, many long hours were spent by these gentlemen. And I reteI' to Mr. Wickham, the Chairman, Mr. Reeve, Mr. Gillispie, Mr. V8ru>~zer, and Mr. Serge Doyen. . I WItS not part of that Zeni", COIIIII1ission but I Bat in on many of the meetings. The provisions of thil zoning ordinance were not hurriedly fashioned; they took many hours of dilcullion. After the Zoning ComMission had thele many, many meetings they are required under the law to have one or more public hearings. That was done and the Zoning Commi8Sion had three hearings throughout the Town. 'l'he purpoee of thoee hearings was for the people to oome there and express their opinions and of reI' their advioe, and recommend changel, if there were any in the map and in the ordinanoe. If the people at that t1me did not Show up and express their opinion, it i8 no tault of the Zoning COIIIIIilBeion. The Zoning Commission went a l1ttle further than that and allocated 8 certain length of time in wh10h anyone could get reoommendations in writing tbat would .~.:\."';~"\¡ . be g1ven oareful consideration. And many of those reoom- . mendat1on8 were incorporated in the map and in the zoning ordinance. Some were not} where they thought it wal not advi.able to do it. Pollowing 1t up, to make this a. brief a. I oan, what I am trying to indicate ie that I triedl the Town Board and the ZOning Commiesion have tried to acoomplish this str1ctly in accordance with law, regardless 6 of aD¥ cOllllllenta you \Bight bay. heard to the oontrary. I don't aay that we are right in everything. We have sincerely to be right. The next step under the law 1s that when the Zoning . COlluulaslon has fInished 'fIth the ordinance and the map, and have done the Job that they thInk is the belt thllt they possibly can óo, the law requ1res the.. to submit the map to the Town Boa~d with the Ordinance, and the f1nal report to the Town Board. Thllt was done. Following thet the Town Board 1s required under the law to have a pUblic hear ins. hold a pubUo hearing on thi8 matter, t'or~.al1 the people ot the Town and muu,t publ101se it at least once in the paper at leaat ten days prior to the date of the hearing. The ordinance was published three times. Au I have Just Ind1cated, affI~vlta of publ1oatIon tor ~'our IntorutlO11. My personal opinIon 1& thllt the Zon1ng COIIIlDi8sIon, regardless of whether you are for the Or~inance or whe\her you are against 1t, should be h1ghly compl1mented by the people of thie township 1'01' doing 8 civic Job that isn't the aost desirable in the town. Many of these people are . businessmen. (Applause) I know many of theee peop.e are . t ,~. businessmen anà these controversial issues m1ght have their effect. I wAnt to say here and nClwþt¡1 th1nk: I speak tor the Town Bprd, I want to thank each and eV8'I'T one of you.¿ gentle.en fGr a Job well done. I wlnt to do that pUbl1c1y. 7 Foll.nng the 1I1me that the Zoning 0011IIII1..100 make. a tinal report to the Town Board, it aubmits the .p and the ordinance, many, many people came into my ottioe with re- . quests that I change that map, and I ohangethe provisionl ot the ordinance; many times to meet "ith their own personal bUI1nesB; many times tor 8 town-wide benetit. I think you can readily understand that it I made all or those changel. and I am required 88 I said, to publilh thia notice at lea.t once prior 1D the meeting, during that ten days, it ¡ made all the ch3ngeø requested ot me, that by the time I got to this meeting tonight the ordinance and map would not look anything like the Zoning Conun181!11on Bubmitted to lie. However. I tiled all of theee requests and it the ordinance is not adopted, they are void; but if the ordinanoe i8 adopted, than everyone of these requeøtø will be given careful ~onsider8t1on by the Town Board and by the Planning BoIIrd. and the map and the ordinance may be ohanged at lOll. later date at a pUblic hearing, men I am lure I know what the people of the variou8 v101nities want, rather than ~t sOlIe individual might want. The point that I alii trying . to indicate to you people here is that we have tried to do this in accordance with the law. My phone haø been r1ns1nS many, many t1ll1es and I have ha<.1. to answer øo I118ny queltion. ' that I Mve hardly any voice left tonight to speak. Why ". dontt heve , referendUII vote on thiB. . And I want tò,tell you now th,t there isn't, any person in the United States 8 offhand that would rather have a reterendum vote on this controversial BUbject any more than I would. How.ver. .. have an opinion here. and regardles8 ot any advel't188111ent . that you might have read in the paper relative to a referendum vote. I read ~o you an opinion; File No. 785 of the State Comptroller of the state of New Yorkl TOWN LAW, AR'l'ICLE 16, SECTION 81, SUED 1 Section 264. Town Board may not submit proposed zoning ordinance tor approval ot people by referendum 1n absence ot statute specitically authorizing such submi8s1on. INQUIRY May a town board submit a proposed zoning ord1nance tor approval of the people'by referendum~ STATEMENT OF LAW In our form or governœent enaetment of legislation , , through elected representativeS:!8 the rule and direot' action by the people lsthe exception. Authority to p~o- ceed by the latter method must reat on BOMe specitic ¡rant ot authority. (Matter of McCabe v. Voorbis (1926). 243 N.Y. 401, 413. Mills v. Sweeney (1916). 219 N.Y. 213, 217. 218J . Hathaway v. C11Iy of Oneonta (1933). 148 Misc. 695, 697, 698J Reycl'ort v. City of B1nghamton (1930). 138 IUn. 257. 258J 1921 Op. Atty. Gen. 363. 364J See L.>-nch v. OILea1!'1 (1938), 166 Misc. 567, 573-575). A. we read Art1cle 16 of the Town Law. it envisages adoption or zoning ordinanc.. by the town board. (S.. 9 Greenpo1nt Savings Bank v. Zoning Appeals Board (1939), 281 N Y.534,538). There leems to be no speoific provi8ion 1n that article relating to a referendum. Former Section 260, . which provided for permi8sive referenda, except 1n town. of the f1rat olasa, was repealed by Chaptèr 444 of the Lawa of 1939 . Furthermore, it does not seem to us that the general language of the first ..ntence.of Section 264 of the Town Law aan "De read to authorize th0 town board to provide tor the submiasion of a proposition pursuant to the provieions of paragraph e of subdivis10n I vf S~ot10n 81 of the To" Law. CONCLU310W It appears to ua that a town board may not submit a proposed zoning ordinance for approval of the people by referendum 1n the absenoe of a statute specifically authorizing such submiss10n. September 6, 1945. I simply read you this at th1e time to eee if I oannot eatisfy some of you that the Town Board 1. proaeeding in . aceordanee w1th law and 1i' a referendum were a legal action we would oertainly do it. The other thing that I want to clear up tonight to the lat1efact1on of all of you public while you can all hear me, that it has been brought to lIlY attention that regardle.. or what takes place tonight, that the Town Board haa made 10 up 1ts mind and w111 do what it pleases anyhow. I bel1eve such a th1ng i. permitted under the law. That 18 so, the Town Board could do that, but I donI t think it would be good . policy for al1.v town board. There would be no purpose 1n having the hearing. I don't know how the reat of the Town Board may feel about this I but I want to state here as Supervisor or the TOwn, that I have a personal op1nion, and I would be glad to express 1t to anyone, but IIr3' personal opinion doea not tinter into thi8 hear1ng ton1ght. I am here .s a town o1'fic1.1 and my vote will be based on tbe expres- sion and opinions of the people, or the evidence submittad, and the racta that are submitted here tonight. If 1t 1s ~ ; 1ndicated torme that the appoaition far exoeeds th08e in ravor. my vote will ba "no" against adoption. It 'boll e in ravor far exoeed thole in oppos1t1on, my vote will be "ya." tor adoption. I have no other choice. I th1nk that that "111 be tbe feeUng ot the Town Board, al1d it an:v or them want to speak for th~8elve., they may do so. ** At this time I would like to read you the rtaal ~eport or the Zoning Commission when they presented the ord1naaoe . and 'the map to tbe Town Board. The Southold Town Zoning COllla,i..1on~ appointed by the Southold Town Board on Maroh 15th, 1955, respectrully submi\. this, its final report and recommendations a. tollows 1 11 The Commiss10n met suteen t1mes between Maroh 15. 1955 and July 31. 1956. After the organizat10n me.ttng it was dec1ded that 1n order to protect the welfare of the town . 110 would be adv1aabl. to adopt Rules and Regulat10ns tor the Sub-d1v1s1on of Land as soon a. po.dble, and with the creat10n or a Plann1ng Board all efforts were turned 1n that d1rect10n tor the f1rst few meet1n... SUDllequently work was oo.senced. on zon1ng pI' ob 1... . the wOrk done by the PlalU11ng Board being very helpful 1n 1ndioattng conoen- trat1óna ,QE populat1on. 1ndustry. bus1ne.. aDd agr10ulture. It was felt w1se for each member to swd7 the larae .cale tax map. or h1a part1cular ar.a. and. as a result U this, to make reoommendation. for the maet loa10al area. to be zoned and the 10cat10n or non-oonform1ng uses. At later meet1n¡s these mapa were gone OVer 1n detail by all of the Comm1..1on and recomm.ndations made. In order to prov1dethe max1mum 1n protect10n tor 0"11' tewn with the least poal1ble r.atr1ot100 and red tap., lt wa. thougbt be.t i_have only tu.e looe. tn the 1;own, . neIHly. n81dent1àl and agr10ultural, bu. tn.... and 1nduatrs.. .~;~t_~' al. The Comm1øaton .aa extremely f~~te 1n hav1l1a at u. d11tpO.al *11è øe1'V1oe. 01" O\to .. Van 'l'u71. l1ceneed engineer and 8urveyor. whoae knowl.d¡e of the ent1r. area was ot sreat value and whom w. .npged a. eur ..p....k.r. 12 The propoled ord1n8nce i. Ipeoifically written tor Soutlhold Town. At the Ulle tille the ordinanoes ot mall1' other towns and IIUDioipa11ties 1n th11 .nd other st.'e. were . .tudied and provided v.luable background material. In th1. regard the .1sdOll and exper1enoe of Mr. John Mudd....n. prote..l0Þ81 eng1neer .nd oonlult.nt to the Comm1..1on "I ot the greate.t lerYioe. In taot, we .nd the entire town are deeply 1ndebtfed 'to~,h1ll tor, the t1lle .nd .elt-efraoing ettort he bas oontr1buted. When the proposed ord1nanoe 'and .p lIet the .pproval' ot the ent1re C0IIII1181on. a .erle. ot three pUblio he.rlng.'... held .. tollows: July 24. 1956 .t Na_Utuck Hl¡h Sohool at 8 P .J(. July 25. 195p a' Soutbold Hi¡h SchoOl at 8 P.M. July 27, 1956 at Plshers Island School'.' 2 P.M. ~e .ttenciance .t eaoh hear1ng W.. .. follcnr.a Mattituok 60 perlon., Southold. 185 perlonl' Pilberl I.land. 50 pel'.ona . In seneral. the Mltt1tuck heariDg tended to explore the O1'd1nance, and ln Southold the 11U130r1ty of' thOI. present Beelled lotere.ted 1n the IIUIP. wh11e at nlh8l'. Illand . both the IIUIp and the ordinance were the .ub3eot of cOIIIIIIen1l .nd hAeltlon. At no on. of' these hear1ngs ....ny .t.t.. ment made by any person in oppos1tion to the zoning ot SOIIthold Town. POI' your informat1on. the olerk'l no1lel ot the heartng. and all of the ainute. of' tfhe meeting. of the Commilllon are 15 on tile 10 the Town Clerk's offioe. Tetal expenlea or the Commission to date of July 10, 1956, we~e $760.38, to whioh must be added the cOlts of . the hearinga, maldng of the map, printing of the propoøed ordinanoe and oosts subsequent to the hearings, statements tor which have not yet been presented. As a result of the hearings several minor ohanges .... IIId. in both the ord1nanc. and tbe map, the revised. oapita of Which oonaUtute a part ot thia final report, In the opinion of the Commission the proposed ordinanoe and map bh¡O a direct 1"8la't1onship to a oOllprebena1ve plan tor 1Ih_ future develoPment or the Town of Bouthold. The Commission also reoommends that in order to have all s.~entB of' the town eo~work in MI'II0D7 in con- n.o....on with this Zoning Ordinance and all ..ttel'8 per1la1ntn' to it, that the three large 8ect1on8 of the eoODom;y, ...1o.ulture, business, and SUlllll1E1r residents, be J'epresented on the :soard of' Appeals, aDd 1t is suggested thaU on_ of the lHIIberø represent the sUllllller residents, one bU8iness, and two apiculture, and that one of tbe members be ~ Fishers . Island. The Coma18sion feels it has tulf1lle4 1~s ob11sat1on 11\ preparing the I18P and the ord1Plu1Ce, aDCi in hold.ing ~. hea1"1n@:B, and. takes pleaaul'e in present1ng its f'11d11 repol't and l'eaøaaendationø to the Town BOard tor its aoneideration and. act;f.on. S1ncerely ;fOUl'S, 14 111 1s II1gned by John Wiokham.. ChairmanJ Rober' W. G1l1l.pie.. V1oe-GhairmanJ Cbarle. F. VanDuzer.. Secl'e"17'- TreasurerJ Serse Doyen.. .11'... and Harold R. Re.... . SUPERVISOR KLIPP I Now.. along w1th t~' final report the Town Board reoe1ved this reocmœendat1onl ~ Mm'llBERS OF THE SOU'l'HOLD TOWN BOARD I At . meet1ng of the ZOning Comaission on July 31st.. 1956, and a. a r,elult of two requesta, follow1ng the hear- ing., for a 8eparateagriculturaa.' zone, we .tlud1ed the poa81bi11ty of dividing the propoleli -An Relidenttal arid Agr1cultural Di8trict. It dl the feeling of the Zon1ng Comm188ion tlbat 1M did not have .utt10hnt tactl at our di8poNl t.o warrant a dec1810n. It was theretore decided to make the following reeOlllllendat1on to the Southold Town Boardr tbat 10000e\'lIIIe 1n the tuture the Southold Town Plann1ng Board be comm1es10ned to ulce a ,survey ot agrioulture in the town with the advisability of amend1ng the ZOning Ordinanoe, if 1t 18 adopted, to include a separate a¡r1oultural d18tr10t. . Sincerely yours, , (signed) John W1ckham, Chairun Robert W. Qill1lpie. Vioe-Cha1rman Charle. F. VanDuzer, SecretarJ' ..Treasur- er Serse J. Doyen, Jr. Harold R. Ree"e 15 SUPERVISOR KLIPP I I have brought you up to date on what has taken place in zoning over the period of the la.' coup).e or 7ea1"lI. At this t1llle I want to open the h.ar1ng . tor Tou peop).e to be heard. I wou).d 11ke you to be as briet all po.s1b)'.. I want to glve you a).l the tlme that is necesaary to say whet you have to lIay. and at this t1me I don't want to 11lll1t you, but it I see it is going to be cal'ried on and on and on and people wi11 be denied the privilege ot being heard. then at some later time 1n the heuing I w111 have to l1mlt those tbat want to speak. I think to expedite the hearing properly, those that w111 have more to aay than the 1ndlvlduals m1ght have to say ~~;,..,,~~ ;~ would be the spok.s~n tor organizat1qns or local groupa of people. I th1nk I w111 allow those peoplè to speak rirst} those in oppoIU10n to and those in ravor of; and when thq are t1nlshed then you will be g1ven an opportunity as individuals to speak ln opposition to or in ravor or. I think you a11 understand. and I hope you go along with me, tbat the purpose or a publio hearing, insorar as 1n- . the Town Board is concerned. is not to go^to long, lengthy debates on anything that might come to your mind. or any or the prov1s1ons or the zon1ng ordinance. It there are any questions that you lIIOuld 11ke answered and it I oan't stve you an anà..r. I w111 turn to someone on the Zoning Oomm1as10n or 'lown CClUnsel, aDd they probably can g1v. you 16 the anlWer. I think that if you will go along with me on this, that your remarks be contined. We have copies of the Zoning Ordinance for all. . I think that probably all of you have read it in the paper. If' you will oonf1ne your remarks to the provi.ion. ot, the Zoning Ordinance only, the Town Board and l117ult i. not interested in a lot of deviations and anything that doe. not spply to that. I m:1-ght Bay at 1Ihi. time I have IIIIID;Y' letter. here, too numerous to read, .uueation. for ohange. in the ordiDin~e and in the map. I have letter. in oppali- 1I1on to the ordinance and I have letten in tavor ot the ord.inance. There 1s one letter that I would like to read. it i. the only letter that I .a. reque.ted. to read, and comes from Mr. Cedric H. Wickham. Mr. Norman Klipp, Supervisor Greenport, L. I. Chairman. We believe in zoning, ye., but with moderation and . '." applied to a oountry townahip with a.great ..ount ot oommon .en.e. As . Western farmer would lay, ·someone ha. sona . hog-wild." It voted a. now proposedl How much tax inol'ea.e would be added. to re.lty value. tor operation and entoroement ot Konlng? Would there ~ . kiok-baok against all real e.tate valu8. 1n Southold. town.hip' .' 11 Why could we not cover zoning with ten or a dozen regulations lnstead of 142 as now offered? Why should farmland not be exempt from many. 1f not . all regulatlons lnthe country? Is the country for modified zoning or should we have full city regulat1ona? If you cannot answer these questions to yourself. watch your vote. A farmer. CEDRIC H. WICKHAM. SUPERVISOR KLIPP. Now, as I sald before. I am going to open up the hearing at this tlme for you people to have your say. and I will entertain hearing rrom the apeakers or organizations or groups. We have the Court Stenographer here and berore you speak If you would indicate your name and your addres.ll and the group or organlzation that you represent. the hearing ls open for those 1n opposition. We wl11 11sten to anyone ln opposltlon whow1ehee to speak . in behalf of an organisatlon or a large group. ,ARTmJR ¡.BVINE (Greenport). !IIr. Chalman. 1n order that we don't waste any time, I see no one coming forth on bebl1f ofa group. I would like to speak 8S s private a1tlzen in favor of the ordinance. SUPERVISOR KLIPP: Is there anyone that want. to speak 18 at th1s t1me tor an organ1zat1on or a large group' MR. EDWARD LaPRANIEREI I represent 975 votes 1n oppoa1111on to the Zon1ng Ordinanoe. . SUPERVISOR KLIPPI Would ydU like to speak at th1s t1me' MR. LaFRANIEREI I would 11ke to be recogn1zed by the Chair. May I come forward? SUPERVISOR KLIPP. Sure. MR. LaPRANIERE (Southold): Mr. Superv1øor, Members of the 'l'own Board, and Members of the Zoning Board, may I at th1s time for the record present to you pet1t1on s1gned by 975 taxpayers 1n the Town of Southold from Laurel to orient Po1nt 1n oppos1tion to the zoning. Stnce I haye gotten into this fight I have been ac- oused of everyth1ng. Mr. Chairman, I think you asked me to speak. My name i8 LaPran1ere. I am a poor struggling lawyer that pay' $450 an aore for grass and dandel10ns in th1s township. I hope that sat1sf1ed the gentleman. (From the audience) I would like your name. We are . DOt 1nterested in whether you are a poor starving lawyer. SUPERVISOR KUPF. The gentleman1a name i8 Mr. La Pran1ere. I bel1eve that he 1s a reøldent of Southold and I think 1f we will just be oalm and let him talk, and everybody w111 be given an opportímlty to \)e heard. MR. LaFRANIEREI 1.8 asked to speak 1n b.halt of the 19 parm Bur.au. and I am p1ng to be ve1!Y trank and honeat with you. r waB asked by them and enli.ted by thelll to help them atop any zoning as far as agriculture was concerned. . And aB 8 result or that en11stlllent I attended 8 meeting 1n the Fire House 1n Soutbold on Monday nlght, lINeh to tbe opposit10n 01' one 01' its member.. Atter that meet1ng I found 1t wesntt only the tarlllers that we1!e against zoning 1n tbis townsh1p; because there .re only 260 of thelll. I have 975 11snaturel and more oom1ng 1n aga1nat it. Now, we have two 1ndu.tr1eø of any worth 1n th1s townshipJ we have tamers and we have IUllllller rel1dentl. I am a c1 ty bOy. I oallle trom the west 11de, right trom Helll Kitohen. t a. a good produot trom there. I moVe to stone .nd P1tkin Avenue 1n EaBt New York and trcm there I went to tueens, and trom there I c'lIIe out to Sou1Jhold. A good. htatory, 1sn't 1t? But r ca.e out here to be 1'1'", .nd wher" I C8111e G1111I here I callie out here lenow1ng that the 1'81'11181'8 were here betore 'I "I here. Now, moat of the people wbo are .ummer re.1dent. know what.oning meanl. I don't .ean to critiolze . th1. Zoning Board. Dontt set lie wrong. They have .oted rre8, 01' oharge tor the oommunity. They have done . lot 01' work w1 th no oOllpena.UOI1, and .verybo4y haB cr1t101sed. th.., nobody l1ke. theil' e.peolally the t.n...,. They d14 1 t tor nothing, and in, their own heart. thø:y think that tbey d1l1 a good Job. (applau.e) Bu'b7 the .... tOk.n. I ..7 tb1.. 20 and I say th1s now, we are not ready tor this. We don't require such a thing as this now. We don't ban al17 b1g industry here. We don't have anT big developments. We are . not going to have them. We don't have transportation and industry, and we are not going to have thea. Thiac ls a playland or a farmers' land. That is all lt is ever gOlng to be. Now, of the trouble we have, and I know BOInoB- ot the thlftgs tbat have provoked thls situation, lIuch as laboll' camps like that 1n Southold, oertainly can be taken care ot by the Town' Or41nanoe. Once they open that dooll' to zoning. oaee they open it, once they uke a orack 1n there you w111 surrer. You w111 surrer wlth a Building In8pector :~;"'~~,~,r., and an Electrlcal Inspector and Plumbing Inspector aDd a few other kinds of inspectors. I mean, as I .aid to the farmers the other night, and I don't mean to throw it in your taces toni¡ht beoauee all of you all'en't tarmere, but between the In\ernal Revenue Department, Depal'tlnnt of Health Labor Department, and a few other inspeotions, the people gòing to SO oll'azy 1n thls county. Aren't we entitled to 11ve somewhere free of government'sup8rvls1on' . Mr. Klipp Bald tonight, and I listened to him with rapt attentlon, I have a great deal of admlration for him, the three meetings that thq had in July, that no eme ob.1eo1l. but no one ..1d they were for it. He dld not tell us that. I am .a;rins what Mr. Klipp s&14. 21 All I can say 1. th1.. I can say it now because I have l:l,ved in th1. townah1p fourteen year8, and I have enjoyed it. The farmers are one of the baokbones or . industry. I have to say that beoause it is the truth. Our f1øh1ng 1ndu.try is 10 per cent of 1ndustrYJ our local retail merohantø are another 10 per oentJ and if we don't watoh out for our agr10ultural situation, the people who are living in our townøh1p twelve months of the year are the ones who &rego1ng to Butfer. Now, we will go to øummer residents. I happen to have been tied up with tbe Police Department of the City of Hew York for some twenty-five years. I kno. ma~ a oop and fireman in the o1ty, that when they work t.eoty- five or thirty year., they want to get down hereto buy a little piece 01' land and hU,l'~,",b¡,lþv.;'Lòut their rem81nin day. of their years. And they oan't afford to buy a r·.,..-..I;.;~·-.1' $40,000 houBe either. He usually wtnda up retiring owing .// the municipal ored1t over $2,000. Is he g01N to be deprived of' the right co have a Ì10IIIe here? I. he going to be . ~ .- -, ..," 1" deprived of having a 11ttle garage next to hi. home 1r he want. to put one there? I. he harmlng anyone? Has aQ7bod1 been hurt the way we have been 1iv1ng all tha.. years? There 1, only one hurt in th1B Town and I oan't.e. it yet, and that 11 the labor camp up behind Peter.on &: Van Duller. Without thatJ Without zonW. .e have been living V#fJPT 22 happily in this community. We have had a tine community. Don't go hog-wild about this. Believe me. don't. Because some day this matter will come right back and slap you in . the fsco when the inspector comes up and says, "Look, lady. sorry. Look at the law. Get a permit." Then you ha ve to go to an architect and he has to draw you a set ot plans. Then you have to have them approved, and they won't approye it. I have looked through this,¡ SUPERVISOR KLIPP. Is there anyone elae pre..nt tbat wants to speak as a spoke.man for any o:rpn1sat1on or large group in opposition to the zon1ng ordinance' FLORENCE JURZENIA (S11veraere. Greenport); I would like to speak for the Bmall bua1neaø people that aren't ',-! . loned for business. I repD.øent a group that aren't zoned for business. . ':":-~.', . SUPERVISOR KLIPP; What. i8 the name ot your group? MR. JURZENIA I There 1a no name to the group. I oan mention different people that have tour1at placea. and we are zoned tbr "A" Reaidence. We oan't upand. beoaWle we . are not zoned tor business. I haye stase-fright. I have never spoke in front or a group. Well. Mr. LaFran1ere said that he was born in New York and I was born in Eaat New York. thenIlIIOvec1 to Queens and then I oallle to SouthO'lc1. I don't SQ' I a. al1los.thel' aga1mst soq¡'ing but I de know that 1!I0I1I1!1 ot UII have bua1neU.. as 23 and accord1nC to tbe map we are zoned tor "An and lb. in Levine 18 in the town, he is^the 1Iown of Greenport, and he 1s Boned for busines8. But how about the 1"eat of us? We . 'bought property w1 th the idea that we can some dey expend 8 nd do things, end we aan 't. I th1nk that the thing should be given more consideration. That is all I have to say. Thank you. SUPERVISOR KLIPP' Is there anyone elae who .1she8 to speak 1n opposit10n Mho rep1"eaents a larce group 01" organ1- zat10n? F. K. ROBINSON (1)>eoon10)a Mr. Chairman, I don't know whether I speak for a large group, but in Illy own m1nd. I have a large group in mind. SUPERVISOR KLIPPI Ie this in opposition' MR. ROBINSONI Not completely, no, Mr. La Fran1e.1'e haa spoken of 11vlng 1n Southold tor fóu~teen years. I have been down bere ainee 1902 and I have seen the county grow fr01ll a vezry rural county to what we have today. That has been done by pure slid BimplE\ indlv2.duai ettort. It has been dOne by people strlving for what they con.1der a better . 11fe. I am divided in my feeling_ on thi8 or4iaanoea,I think we need 80me guidance and regulation. I detes1l the thought of this en~ ot the island be1nE leg1ølated 1n 1t8 lite and it. growtb. I think there1s PJ.iobably no one 1n th is room that does not teel that zoning has a detinite place in the townøhip, but it 8eems to me that this ordinance 1. 24 pretty levereJ that it 11 going from one extn,'eme to another. Now we have, let UI take a group ot inatano.l, let us take the aan. pit out at Paradise Po1nt. I hate to . mention that because I am lobated out there myself. But take your lab01' aallPsJ take your town dump. The:re are a lot ot thinge that could be dona by the Town Board, 'l'bey are a good Board, without jumping to this extreme of le&1a- . 1,t1on·. I think, and I am torn between the two 114.., and I said that to the Supervisor here when I wa. afraid I m1¡bt not be aÞle to speak unl.s. I "I in favor of it. About! e1ghteen'yeara ago,we w111 say -- and this 1a very per.onal, but it may apply to many ot you, if not now, in the future, about ei¡bteen yearl ago ~- I came down here and a. 1t turned out, for 11te. I came down becauae I nøn't in too good health. Now member. of the Village of Southold cam. to me and .aked me woUld I run for ~e Commodore of the louthold Yaoht Club. ¡, add definitely no, that I ... dOwn è 'lAY health, and I would not do it. Of course, in m¡r heart yaoht1ng dl always øry reoreat1on, the aame as golt, tenail, . or sem.thing e1ae. Now, I went to filiI's. Rob1tU1on and I .a1d, -NÐW, they want me to run for Commodore ot the Yacht Club. '!'hey are jWlt getting a yacht olub BMrted, and a group 1n 5outhold said they wanted me to be Commodore. What IMullS I do? I had lIa1d no." She said, "Why are ,you aSking m.? You knòw you are go1ng to do it." Well, I did. And I dS-d 1t 25 because I was 1nterested 1n yacht1ng and Sou'hold. You have the greateat waterB 1n and around Southold and Pecontc Bay 1n the world ~or yacht1ng. and noth1ng 1s be1ng done to . st1mulate yaoht1ng. We are wor~1ed about potato rarast's. You don't have to worry about them. He 1s a rugged lnd1'11dua 11st. These other act1v1ties, .treat clean1ng, eto. We are not getting away trom zon1ng. Th1s big group 1. here because they are tnterested 1n zoning. Take a look at the roads. Look at the traøh, beer ~anl. etc. What are .e doing abOut 1 t' There are an awful lot of angle. that could be straightened out betore we Jump into a st..isht.. Jaoket of complete legiBlative Boning. where a man has to put up $15 or $25 fee to move 1n h1B own yard. Now. when we started th1s Yacht Club I worked 011 13 propert1es to try and get a 10cat10n for the Southold Yaoht ClUb. '.rhose that were 1ntel'esterl 1n 1t !mow that I tried many angle. that were looked into. and f1nally I .addled myself w1th Parad1.e Point. Now. I alii dete1'1ll1ned to. before I d1e, Bee yacht1ng developed on a substantial bas1. 1n the . Town of Southold. I have 1dea.. They are not 1d... that I have given out. They lIIight be interfered with by Boning. Now. I want \0 be frank abuut it, becauaeI have glven. and I think everyone that hII. known me 1n yaeht1Qg 011'01.. knows that I have done everyth1ng I can with1n r...on to get yachting go1ng, and it ,111 not going. and. I hi not 26 licked. But it may possibly be neceasary to change the ent1re procedure and possibly get private capital into the thing. Now. I can aee where I can be hamstrung with . that idea. I can understand that I should be pleand. but it 1Dn't II briet BubJect. Now. your oyster stakea out 1n the bay, how inany run au;; 1n the bay and 8eÉl them. pointed like speare. Somet1me, maybe ton1ght. one of the kids is going tobo Ufter! out of hia boat on an oyster p1cket. sharpened Just tor that purpose, and bobbing up and down 1n the t111e, and he may be Ufted out of the boat tonight. surI':RVIsoR KLIPP' Mr. Robinson. w111 you k1ndly con- tine yourself to zoning. MR. ROBIUSON: It has to do with zoning. 11m going to o.loae theee ramarlcø right now. There are a lot of thing. that we can do before we get into a atra1ght-jacket or legislation like you propose. (Applause) V.AI..cOUll\lacDONALD (82l E. Main st., Riverhead): Mr. Chab·man. I don't Icnow whether I am to apeak here as a . proponent or an opponent. I 8m speaking in behalt ot the Suftolk County Farm Bureau members ot Southold Town. At a Southold. Town Farm Bureau meet1ng held Monday, August 27 of this week. approximately 130 Southold Farm ~eau members passed the following resolution. with only one desenting votei We reapecUfUlly and urgently request that 27 the 3outhold Town Board postpone final deoision on the proposed Zoning Ordinance for a period of one year. , .'. I would like to explain briefly the rßasons, 8S I . understand them, for th10 request. First, the records show tl~t Zoning Ordinanoes are per- manent additions to the structure of the community, Once adopted, their '81'e never rescinded. This proposed Zoning Ordinance, then. will be, if adopted. 8 permanent ohange in the existing struoture of our local Southold commun1ty and its government. Such a perm~8nent change cannot be dealt wit~ llgbtlY, nor deoided hastily. Secondly, right or wrong. despite the fact that the Town Board and Zon1nð Commission have exhausted every 1eB'l means to br1ng the proposed Ordir~nce before the people. farmers have JUlt not attt;nded the ¡¡¡eetin~B, nOl' adequate17 famIl1ar1zed themselv6e \/ith the proposed Ordinance to favo~ 1t8 adoption. The pressure of farm worle at this t1me of the year, and the natural tendenoy on the pal't of the farmers to stay away from meetings if they don't th1nk they . will be interested In the proposals discussed. have played a strong part 1n this situation. Along with that is the tact that~ ul¡11lte their mOl"\} urban fellow :t<esidente, their viewpo1nt 1e of a long term sort. The pusage of III few months or a year 1s but one more bad crop, or occas10nally 28 one good orop. It is not a tremendously long span of t1me. To them, lomething suoh as th1s Zoning Ord1nance with its hI' reaohlog potent1als, 1s a ....ter to be rolled around . on the tonsue, and oonsidered fo., _ny montha .. notl a ..toter fv a llnap judpent follow1ng one 01' two .eetings attended. The .tateaent was made at the Pa1"ll Bureau meettna ea.l1er this week by John WIckham, chatr.an ot the Zoning C~i.sion. that Southold Town bat the tine.t sohool., h1sh_ys and fire proteoUon ot any town 10 New Yvk Sbte. Farme.. .. a sroup teel that they now have a tine town, they ar8 extremely reluobnt to ohange or alhr the ex1sting s1tuation which has ..de th1s lort ot thing pOll.1bl., unle.. they a1'e absolutely certain that such a change will be for the better -- tor the total community a. well .s tor a81"1. culture. Atpresen1l we have a goo(! balance, and a fine wol'k1nS arrangement 8lIIOI18 the various .egment. ot this oOlllluni ty. '!'his zoning proposal 1a perJlllhlent, farmer. do not wiah to endanger 300 years ot achievement witbout oa..rul, . delU,erate con81deftUon. SUl'ely a4elay ot . YeeI' v so, .ner 300 years wUhout Zoning, wUl not 'be fabl. Many hlallieø of th1f 1J-own oan look baek upon 8 span ot dwel1iag here reaching rap in'o tbe past, with .uch a per.peotive, 8 year ot de11beP8tlon cannot be cons1dered procra.tlinat1D8 .. only a very short f110k or t1me. Other 29 re_14ent.' forebear. m1grated to Lons I_land trom other landl to e_oape trOll tyranny and oppre_ø1onJ to them. any regu- laUon 18 viewed with alan as a posB1ble step on \he return . road to oondltions they once migrated to esoape. (applause) Both groupa are ooncerned w1th the intluence of Zoning, not Just tor today, but upon their ch1ldren and thelr ohl14ren'. chllgen. Sueh a propo.al al th18 mUllt ba IIndt.d and 41110UBB84. la1d ..ld8 and mulled over, then pulled out and uamined 4e11berate17. without haste, to make a wl.e declslon. '!'he Farm Bureau lIembera of th1a town urge you, there.. fore. to p~tlpone lotion on the propoaed Or41unce tor a year. '!'he Tcnm :ra... Bureau is now orsan1z1q a ZoD1~ O0Ul1'tee to study the propoaed OrdInance oarerul17, and to carry tOrw81"d taner d1acu..1G08 allone ....b8rB 1n \he IIOdhs aheaul, when the tan Work 1. le.s pre..1ng. I lllake no .poloD' tor the tarmers' slowne.. 1a thi. ma1l1lel' , '!'he hl'lller 18 attuned to the dow _roh ot the ....ona. to the _trons hope that next 1'.1' or \he year an. . tblt w1l1 be a 11ttle betterJ hl_ t1me per.pectl.e 1_ not .eall\U"ed in days or weeka, but in years and "enera"-__. n ...y not be "prope..," but 1t 1_ 80114 and endul"1,.. We belieye 1Ihat thls should als. be tAe .1t1wpo1Dt and. BP?l'~ approaoh us.d w1th &Dyth1n& a_ potent. and peRaneat a. . ZonIng Or4ba~.. 30 I thank you. MR. WICKHAM, I would like to uk Mr. MaoDonald . question. Mr. Lahaniere made the .ut....Dt that he was . apeak1Dg tor the Farm Bureau. Is that correot' MR, MacDO.NA.U>a Not to the beat of IIY knowledge and beliet. As tar a8 I a. eonoerned, and " ~e beat of my knowledge, the only meeting called by the lI'arll Bureau aDd the Pal'll Bureau 1118mbe1's was . meet1ng at the 8outho14 lI'11'e Houae. the re.ult of m10h the official reaolutl1em waa paned by 1Shat croup, and that I Just read, Mr. La Pran1en has been engaged, a. I UD4er.tan4.by a great malt7 taner. and a lot of other people, other than taners, to .peak tor them ton1ght,. Aa tar .a I know ton1&ht" 1Ih18 18 ~e oDl7 otticial hn Bureau repnsentaUon. MR. WICJa!AM, And he does not .peak tor the Farm El\œeau' MR. MaoDONALD e Not to the beat of ~ knowladia. SUPDVIBOR KLIPla Is thei'e any other 1nd1v1dual that ....10. to .peak tor any luge group 01" orpÞÙ&'ton in . IÞppoll U10n , Could you all hear lie in the beok there? III there antóne that want. to .peak for a large øouP 01' ....n1..Ucan' ('the..e .s no response.) 8UPBRVISOR KLIPPe ~en hear1ns none at thb Ulle we Will hear thou that 1II1.h to speak 1n tavor of, and tho.. 31 who repreaent large p'oups or organ1At1oœ. FRED RICH (Southold)a Mr. Chalrman, I have been ..ked to speak as spokesman on behalf ot aome ot the falrly old- . ~e r..1dent8 here. I can I t cla1m, 11ke Prank Jtob1n8on. to go back to 1902. I am not that old. I can only go back to 1919, 1n Southold. Pirst of all, Mr. Chairman, I would like to pre.ent to the meet1ng a document whloh 18 entitled' "Pet1t1on to vhe Southold Town Board by the R8s1deÞts or Southold Town re<JleeUng 1t to acoept the Bulld1ng Zone OI'd1unce of 1Ihe Town of Southold as rec_ended by the Zon1n& COllld.sl1on." This pet1tion hR. a 'lot .t s1gøa~es atttzed to 1t. In Bubllllt111ns it I would l1ke to ezpla1n that U .... not UJ411 la.t Monday that we tound out that there ae.ed to b. ..e lort ot Or..n1&8d oppos1t1on to the resolution ot the Zon1ng Oamm1as10n. Atter d1acuaa1ng the matter a~nc th... selvei~ som. ot the old-ti.. r..1den1ls of th_ toWn deoided that it would be a good 1dea to go around and talk te ..- of the other people 1n the commun1ty about it aDd as a . result ot that, oÙ'culated this petUlOn. I wøa1c1 like .. ..y the pet11110n did not .tart _ 1ts c1rcuJat1oD untll 12 o'olock yesterday. So 1t by no meana repl'e.ents the conoelUlUJI ~ep1n1Oft or the' s.tu. c..-un1t,.. w. 0Þly ~Ye 878 name. on it If 0 tar. I _uld l1ke "' au.tt 1!hta. ('l'be pet1Uon ..stuFed to wal handed. 110 Supent.OI' lCl1p_ 32 MR. RICHI I WÞuld alao 11keto .ay, very br1etly, it I may, that I have heard the remarlal made by those who were oppoeed to the proposed ord1nanoe. I, too, am asa1n8t ain. . I, too, am tor the farmer beoause he 1. a nece.aary part of this cClDllUni ty . There 18 no question about it. And I" 1100" like ~chUn¡, but I d1d not 88e any good, epeoU'1c reason given why this zøn1n& 18 going to hurt artl'~, and I alii not going into that aubJeot 1ft deta1l,beoause Le1tel, who 18 Pre81dent of the Southold Civic AS8oc1ation, Ino, I tbink w111 have a tn rellllrka on 1me general aubJeot. All I 1IÒUldlike to say, Mr. Cha11"man, 18 tholle ot UB mo do tavor IrOning, and we would l1ke 110 expl'e.s WI' l1'..t apprec1at1on again tor the aplendid work ~t; has been done by the Zon1.n& Comm1sai~ .nd the quality of the product tbat 1mey have prOduced. We araons WI mo are in ta..ol' ot zon1ag, teel that there ahwlit be øenållezata. I th1ak that '>At<:.h' the aeabera of 1me Zon1J!& COIIIIt1aa1on cio tòo, but .e believe the thins: to do is to adop1l the prtnctjlle of' 8on1n¡: atths.. ttllle. . Aft'fHUR SCHMIDT (Naa..u point) ¡ I repre.ent the Na.... Point Property OWners' A.aoc1at1on.' At; a me.Ung we held 1..11 SUAlJQ' it¡ ..a unanþoualy voted t;hlt we tavor the panase or thia Zoning crdiMnoe. NOW, I have l1etened 110 1;11ea. people who a.7 that; thq are asa1nat 111, and I haven't hea¡od a gö04 reasOJ1 7et, out814e or the taot tlUlt 33 the man was tired 01' be1n& legillated on his taxes, and that he wanted to be tree. Now, I would Uke to pe1n' thi. out to you. you ha.... . seen Nausau County sushrooa. It has p~obabl,. ,he 11''-'..' percentage of growth 1n the whole United a.-tes, and the geater IIIII.101'1t1' or that gHWth has happened 1n UDzoaed area., and if we would lUee to ue God's beautiful natur. puahed all OVI!I1' the lot by tl'actol'l anð a.. shovels, that is the f1rst thing they do. to ,1ia1re 'every decent look- ing tree in the town and pUlh it (own. HòW. in these villagE that this ret~ed policeman csn live 1n. he baa no choice other than Ii 60 rt. tronase lot with all the treel lmocked down on 110, and he aa... all the way out traa the cUly to' live on that. And he apenda the rest ot h11 lite trying to \ll8ke a J,Jwn and gow a tre., to l'ltVI ~e th1np that he came' out tor originally. I say any tu.eowaer. anci that tak.s in any one 01'70\1 10 this roaa, 1t il your bigut ,,,,:.,.,.' '-'-" investment that þouhper make 1n yO\µ' .wNüe 11te, 1n your home. Now. when you make tha t inye..umt without scm1nl . you have no usurance that 70U a~. pinS 110 get a ohicken farm or a d\Wk farm or an abbato1r * or an7th1ng thall could be gotten there that would ruin every dollarl worth ot 1nTestllent you ban in your home (applause). It .e' can't haye 1ndustry we can't have d..elop...nts. I dOn't know where that gentleun gets hi. loto...1I1on flo_.. but a4 Qr~n oame out here with an airplane raotory. They have got th1El rar, and what is to prevent saaebody trœ ooming turther. . My winter residence, and I know that will get you down on me right ott the bat, is in Garden City where we are aoned right up to the 'teeth. I want to tell you as a result or that zoning it is one or the n10est 00llllllUl11t1es on Long Island. In Southold you people who have lived here .s lons as yQ-u have, I i¡h1nk you oanl t see the tre.a because of the 1'o1'.at. You don't know how beautiful this 18. You don't 1'eal111e it unt11 you ride in Som8 of theBe towns in NaBsau or go into western Surrolk. This bas not been sone into hastily, thh, I th1~, is a very intelligent piece of work. I understand that it bas taken over two years. Now, if somebody is going to vote againa' it, or doesn't ..nt it put through, why don't they by' the same amount of effort these people have put into this, Bet forth soaeth1ng constructive. and not get up and tell UI they are ¡1ust against it. This i8 pine ~ hurt 80mebody. No law that you are &oing to pass oan make . 8va17on8 l~ satisfied, but what we are trying to dO is provide a law that 18 1'01' the be.t1nteres' for all. NOW, OWners pleas. don'~ blame the Na..au Point Property~..oo1atiqD tor these rømerks. I cmly represent them to tell you that " they voted for it. Beyond that, it is lIlY own personsl '\ < Òp1n1on. ; I thlmc tbat it you set zoning he¡oe you are a , 35 ve~ lucky community. HENRY LEITEL (Repl'eøent1ng the Southold-Pecon1c C1vi0 Aaeociat1on) : I am a year-round resident, taxpayer and . voter. I represent the Southold-Pecon1c Clvlc Assoclatlon. In the first plaoe, I thlnk that we ought to be very gratefUl to Supervlsor Klipp tor the tine presentation he made ot th1s at the openlng of the meet1ng, because some of the remarks that I have ln thls prepared statement have already been oovered by hlm, but in the possib111ty ot read- ing it agaln we may cover some polnts more olearly. We are lnt'ormed that the procedure now being followed ln the holdlng ot' publlc hear1nga 18 the procedure preacribed by the TOWn Law. We have fUrther obtained the lndependent opinion ot counsel who has called attention to the tact that the authorlty of the Town Board i8 limited to the delegat10n ot authority glven to it by the State Leglslature, that the State Legls1ature has delegated the author1ty to the Town Board to enact a Zoning ordlnance, that in mak1ng th1s delegation ot author1ty the State Leg1'lature hs. presoribed . specit10 procedures to be followed, that those procedure. provide for action by the Town Board atter holdlng publlc . hearings and make no provl.10ns tor a determlnation by referendum or popular vote¡ that slnce the Town Board 1. g1ven no expre.. authorlty to delegate lts r..ponølbilty by having the matter decided by popular vote or rererendum~ the 36 pl!ocedure now being followed is the only legal .nd proper method of handling the matter. We are further informed that thi. opinion of counsel . which we have obtained is, in lubst.nce, the .ame .s the opinion of the Attorney General of the St.teot New York. ShòulQlAgriculture be zoned into. leparate diltr1ct from the Re.1dent1al distriot?' In the first place, we believe tblt any zoning d11tr1ct necess.rily must embrsce a general area .nd from a pract10.l point of view 1t is lmp08s1ble to class1fy the seme area into different types of zoning distriot. where both egrioulture and res1dentlal uses are prevalent in the .... locallty. . In other words, there c.n be no su'ch thing poslible, .s "Ipot zoning under whlch one property would be put in one olalsl- tlcat10n and the next property ln .nother and so forth. In the second place. the propOled ord1nanc. atf1rmative- ly permits agrlculture in a relidential area w1thout any limitation whatsoever. Nsny zoning ordinancel would not permit a bUlinetls activity ot thll lort in a residential zone but would attempt to limit the farmer to hil own area. . The pre.ent ordinance does not attempt to exclude the farmer from reiidential area but 1ncludes h1m in the Clall A. or the top classlficatlon. We belleve that agriculture 11 luch an important part of community life that the farMer Ihould be given top preference al provided in the propOled ord1nlnoe No Ittemptehould be made to segregate the farmer, or dil- 37 crlminate agalnst him, or put him in a åassificat10n other than the same top classifioation IS Class A residential zone. . Should amendments be made to the proposed ordl~nce to cover particular sitUations? Yes. There are varlous portions of the propoled ordi- nance whloh should be olarifled s.d amended. However, the ordlnanoe has been presented by the Zoning Comm11sion merely as the outline of something whioh may be approved with the understandlng that a matter of this magnitude oannot poss1bl~ cover all individusl s1tuations at the f1rst try. W. are ot the opinlon that the 1mportant thing 1s to adopt the proposed ordlnance and the principal of Zon1ng w1thòut delay 0 ":'.¡"- and. in an orderly and II)'stematic way, ~er a period ot t1me, work out the details of individual situation. and a4tpt auoh amendments as may be neoessary to correct 1ndividual s1tua- t 10ns . We bel1eve that the whole purpose of the ord1nance should be to have someth1ng on the books to prevent an influx of outsiders 1nto the oommun1ty wh10h will destroy . its present charaoter, or wh1ch will 1ncrea.e the tax burdens whioh all or us w111 have to pay. W1th the popu- lation pressure from the West End., th1s s1tuation 1s now at our doorstep, and we be11eve that the time 1. here to adopt reasonable rules and regulations so that outsiders cannot ~ come 1nto the community in droves, overload our achoole or exploit out community without paying thelr ralr share of the e~penee. We be11eve that the only way thI1 can be . controlled 1a by regulatlng the uae Of property 1n the general way the present Zon1ng Ordlnance provldea. From etatemente whloh have been made, we belleve that the oppoe1tlon to the ordlnance, except to the extent that it relatee to part1cular sltuat10ns which should be covered by amendment, ie largely emotional, and il baaed upon a failure to understand that the sold obJectlve of the Zonlng Commisslon has been to protect the property owners and residents of the communlty, lncIuding the farmere, aa well as everybody else. In decld1ng whether or not to throwaway all of the work which has been put lnto the matter by the Zonlng Commisslon, we believe that the pr1mary respona1blllty of the Town Board 1s to declde whether, in fact, any valid arguments have been advanced against zoning. We are unable to percelve any valid reaaon aga1nst the adopt1on of . zoning. We strongly recommend the ZonIng Law be approved and that, upon such approval, rull opportunlty be glven to all to propose any detaIled amendment whlch may be desIrable. (Applause.) SUPERVISOR KLIPP: Is there any other person that wishes to speak in favor of in behalf of any large group 39 01' organizat10n? PETER VIGNES (Matt1tuck)1 Mr. Chairllllln. members of the Board, and Ladie.and Gentlemen, I represent the . Mattituck Inlet C1vic ASlociation. I have only a few worda to say. We endorse heart11Y the Zoning Ordinanoea .a they are, but we .iah to point out that the farmer has a problem and they Ihould be given due cons1deration. Thank ;you. SUPERVISOR KLIPPI 18 there any other perion that wishel to Ipeak in behalf of any large group or organization ln favor of? (There W8a no reaponle.) SUPERVISOR KLIPP' If there 1s no other~person that wishes to øpeak 1n favor on behalf of a large group or organizat1on, we will 11sten to thoae indiv1duals who wlsh to speak as 1ndividuals in oppoait1on to. O. B. GUNTHER (Matt1tuok)' I am a l10enaed eng1neer. I have had forty yearB' exper1ence on zon1ng 1n qµeesl County. One of the f1rst objeotions I have 1s that nothlng has been done for the prelent loti lmaller than the 1111<:0",1" minmum Bize, whioh, 8600ÐdtBg,to thé Supreme Court of New . York City WlI clalBified al conf1øcat1on. That 1s one of my main objeot1ons. Becau8ethe Iota, they won't be able to Bell them because they won't be able to put a building on thelll. .. ! -, "-f· , ' " ":~' ,,;¡.\Oi.~ " 1.- _ __... _ ~ 40 (Mr. Gunther preaented the following letter to be put into the reco~d:) Gentlemen: . I object to the Proposed Building Zone Plan Ordinance ~....., ~ ''''1'- " 8S nc. constructed with the map of the eame. Objection 1. (Table of Contents-prior to Article 1) Not being handled by democratic means such a. a referendum by ballot of town taxpayers arfected. Objection 2. (Article 3-Seotion 303) My property is listed 8S to be in Residential Zone "A" with a requirèd 12,500 square footage and 100 feet trontage. Article 4-Section 400-Number 14) .i·':"~:~::.";;' A. Whereas I will be deprived of oarrying out ~ proposed boat yard-fishing station I request that ~ property located on Westphal!a Avenue at Darby. Branch ot Mattituck Creek in the Village of Mattituck be changed to zoned aU'lnesa "a". (Artiole 4-Section 409) B. Whereas I have two separate taxed parcels ot land . and that my one parcel is cut in half by a private right ot way to Point Pleasant property owners the balanoe i. ot two plots with leel than 85 feet frontage on the puölio highway and whereas another parael I own adjoining on a aeparatfi tax bill has a frontage of less, than 65 teet on 41 the public highway and part of parcel on private right of way having 160 foi<!t frontage on that but with only aome 90 feet in depth I would be deprived of my lands by con· . risoation 1f this ordinance passes8s 1s without. obange to Bus1ness "B" ~lhioh will cover my rqquirements. C. Whereas as a retired pensioner I w111 be forced to hire attorneys and appeal at considerable expense if I wlsh to change once this is passed (Article 7-Sectlon 707) together ~11th possible objections by 1117 neighbors at that time (Artiole 9-Section 902) and rules as to tidal lands of which my property adjoins (Article 10-Section 1008) WHEREAS :¡;'OR ALL THESE REASONS I OBJECT TO AND I REQUEST CHANGE OF i'lY PROPERTY TO BUSINESS ZONE "B" HERE AT THIS PUBLIC MEETING. Signed taxpayer, OSCAR B. GUNTHER . ~ SUPERVISOR KLIPP' Is there anyone that wants to apeak as an individual in opposition to the proposed ordinance? PAUL HUTH (Laurel): Mr. Chairman of the Beard, and ladies and gentlemen, I am a member and I don't represent . any group, but I am 8 member of an unorganized groupt of people who are summer residents in Southold. We pay taxea. We ab1de by the legal regulations and lawl as laid down by your community. I also read over the ordinance. I, too, believe that there shold be something legal,Regarding the : ordinance, however, I haven't heard anyone explain any parte of the ordinances.To people who don't have a great deal of legal knowledge, some of the ordinances as preaented are quite confusing, and I am not a la\'lyer" and I try to underetal'ld English, but Bometimes it is quite difficult. One other thing, I feel that the summer people, although they are here a short time, six months, lome lela, some maybe a little bnger, they pay taxes in line with the permanent residents. I haven't heard any of them complaln, but thls ordinance aa I aee it from a personal po1nt of view trying to understand the concepts, I think that 1t 1a . far reaching and quite dictatorial. It places power 1n one ~rft.·"f'~ . grOUP, and that group ia given power to render decisiona favorable OV otherwise and very often there is a great deal of peesonal dislike and personal grievances. You cannot escape that because of the fact that we are all human be1ngl, and we have our fçelings in the matter, and we will very 4~ often exercise theee feelings directly or indirectly. Therefore, I pereonally think that the ordinance i8 to be acoepted, however. in a much modified state, and therefore, . I haven't heard anyth1ng as to the date th1ø ordinance ma7 De enacted. And I do go along with someone else a. suggested previously that a period of two years, or one year to really understand, to try and educate the people in regard to the ooncepts~ particularly the d1ctatorial powers of this ordinance. Thank you. (Applause.) SUPERVISOR KLIPP: Is there anyone else that wishes to speak as an individual 1n opposition to the proposed orcìinance? BERNARD KAPLAN, (8mi thtown) : Ladieeand gentlemen, I ~..~~\ ,~. have heard a few l'emarks. I ttèpP8sent real estate 1nt.r.ete in Mattituck. I have heard a rew remarks concerning the rapidity with which this zoning ordinance i8 going to be adopted, if at all. And the remarks pertinent to the rapidity of this movement seems to be baled lolely on in- ..,-:...;·~f '. lutfieLent consideration of 'many exoeptions which may ariøe. . I have in mind our own particular ciroumstanoe, and I seriously question whether this regulMtion haa been seriously thought out w1 th respect to fairne8s to as many people a. possible Two onerous requirements that ,! oan ' . think of with respect to property 'I'Ie own, and wh10h would ..em apparent on its raa', aeem to evade the notice or the 44 Planning Board, whom I am sure have tried, as well as they can, to make that ordinance. To cite a perfect example we own five aares of land located on Mattituck Inlet. On . each side is property presently put to industrial use. On one side we have the Island Realty Corp with a number of oil tanks, and on the other side \"Ii) have the Eastern Oil with considerable oil tanks also, and yøt ~è find that our property, which 11es in between propèrty of an indultrial u.e. as this point is now going to be zoned as residential. Now; here i8 an outstanding exa,np1e of inequity. D..pite the ordinance I realize that the Planning Coœmi..ionil trying to put through an ordinanae to get it .tarted and then allow them to explllln themoatappaz:ent errora, but .,-r.;" I faced this before, and I had exper1èn~e with it that involves the necessity of Emplo;¡in.¡; an attorney, expenae, t1me, and 10sI of some sleepless nights whether you are going to get 1t O~ not. Now, I do not oppose zoning. To be honest with jOU, I re~ogn~ze the fact that every town and city has it, and ultimately it will come to Southold. . I do not say when, but ¡ do feel those who have .Iked for an adjournment of the adoption of the Zoning Ordiunoe are ent1tled to that requèst. I ala sure that further _tutUell would be required. We have had anothe~ example or property we owned. We have a fUed map on property in l'Iattituok which was approv8li by the 'fown Board of Southold, that in 45 erfect practically dictated the term. under which it v.. filed. So in effect you bave a Zoning Board at the t1.e. although not officially constituted a. such. the Town Board . adOpted it. function. NOW. .e t1nd that within this ordi- nance there is referred to Residential property requiring a .intmuaot 100 ft. frontage or a consequent tøtal average I believe. of 4500 ft. The net etfect ot this regulation makes no allowance tor tho.e maps tiled prior to the adopt1or ot th1. Zoning Ordinance. It would require those who own property ot such a type to go betore a Board ot Appeal'. once again neoeas1tat1ng undue expenee. bardBh1p. and .orne aleeplea. night.. Now. beeaue. money is involved in this type of tran..ot1on there are .imple property 1nter.ete involved. I can't aee why thay baven't uaed tho.e mapa which they prev1ou81y adopted. and aUow them to .tand a. they are. and not require the preaent property owner to rev1ee a. the present or future board may require. It 1tr<i..¡~(~ ~- 11 encumbent upon the Town Board once ~y pa.. upon a particular tiled plot on a tiled map to honor .ucb .1ze in . tutur. deal1np J otherv1ee we would never know where we s.nd. and tive y..ra later we would tind out. elves in the aame boat a. betoh the Board ot Appeals with expenae. I make th1. lole point that I am not againat zoning at all. A. a ..tter ot tact. I recognize it 1. in every community and zoning ba. to cOBle. But I do call tor some oareful 46 consider.t1on for the effect 1t 11 g01ng to have on a lot of people. Th1a a~gument that you can go betore a Board of Appeall 11 JUBt a lot of hOgwlBh. I have taced 1. betore, . and 10lt . lot of Ileep and Ipent money to rect1fy thele errora when the Town Board w111 not allow you to rect1fy them aa I a 11ttle further Itud1ed. MR. TBRRY I 1111'. K.plan, 1n anawer to your queltion con- cern1ng the up wh1ch you have tUed, and which the Town Board haa previoully .pproved, you may underatand that it 1a not the 1ntenUori or thu or,41Unoe to bar or prevent the oonveyance of whatever a1zedUota were approved, and have been tiled, The map haa been tiled 1n the County Clerk Orrin, MR. KAPUNI W1th .11 due reapect to wbat you aay, if you w111 eam1ne the ZOn1ng Ordir.aMe .. propoled, 1t makel no allowance tor what you Bay. D. 'l'AmlI., Yel, X am well aware ot t~t. MR. WICKHAJh IIIr. Kapl.n, are, you' ....re-where. you lpoke aeveral t1mea 1n the'oase ot tbe hardBh1p 1n the propert, oonveyed? Are you aware that ln aevel'al placee . 10 the propo.ed ordlnance apec1rlc reller 1. glven to owner. I I or property 1n alftgle .nd .eper.te ownerlh1p,? I ! MR. KAPLAlh I am perfectly .ware, but that ... nadJ I the IUbJect of my dl,cuaI1oo. I we. not tallclng a~t I .eperate .nd s1ngle ownerahip'J I WII talk1ng or thoa'e oaael wh4re _,number or percela were involved which were betore 47 the Town Board. and we t1nd 1n the new Zon1ng Ordinanoe that the Board uy retute what 1;hey or1g1nally .¡reed to do. . R. E. WOLK (Youngs Ave.. Southold)1 I ravor turther conaiderat1on. and I reel there ahould be further t1me given to dige.t 1t. I. mylelf. have not been able to d1ge" it. and mOlt ot u. haven't. and I tb1nk 1000e or the.e .....rlœ that have been made aboutl1:øome of' the th1ng1 that are not put in tbere should be put 1n tbere. and before we adopt; 1t I really teel theBe gentlemen ought to g1ve UI a year more to .'udy. I ara apeaking tor Karl Sled~elk1 ot Orient. N. Y. He 1a oppoaed to the tollow1D& øøot1OC1. Seot1on 1008. tide land. There are area. in the Town of Southold that were taken wUhout perm1sl10n. and the ~WD baa already taken the r1gbtl .way trOll people in Mattituok Inlet. and he doe. not want to aee th1s oontinued further 1n the Town. MR. LANEAS (CoolcJI Lane. Southold)t II there any . m1n1mum .tructural prov111on that 1. involved here that doe. not require you to spand get a perm1t' Can you get a ohaose involving $50 1n your own house. 01" do you ha"e to pay $15 to set a perm1t to uke Itructural cbange. whioh you. yourselt can do? SUPERVISOR KLIPP t No. I don't tb1nk there 1. any tee 48 that I know of. MR. LANDS: Then ln etfeot, It I .ant to make a Itructural myselt in my own ~el1denoe lnvolving $100 or . $50 I œuøt go and ask the Zonlng Board tor pe~..ton to make that ahange? Will you refer me to the partlcular sectlon that .ay. what the l1m1~t10n prov1desJ then I w111 be aat1lfled. MR. WICIOWh May I p01nt out to the gentl...n that tlhe propøe4 Building Zone Ordlnance has no lntere.t ln y,ur 11 hOlle. The lnterelt lt hal^1n the use wh1ch 18 put to the 1_' on wh10h your hOlle st~Dds, and so any add1t1on whlch enoroecb .. upon the lot 11 1mportant on this proposed zonlng. And If you will look further you will see that there are c eruln .pec1flc ualllples and provlø1ona for bay w1ndoWs, et cetera. I bel1eve 1 t 18 ln the 700 sect1on. MR. i.AJŒAS I SeoUon 703. A perm1t w111 be requ1red pr10r to the cOllllllencing ot work tor the erecUon or add.1t;1onl to all resldence.. business and 1nduatrti bu11ding.. What does that mean? I am not a lawyer. . MR. WICJœAMI That meana, I1r, that add1t 10ns on the out.ide of the bu11d1ng enoroachlng upon a Bide yard limitat10n or or set back from the hishway line, or even yard are ot 1nterest. MR. LANEAS & Where doe8 tbat say that 1n heret ¡ MR. WIOKHAJIII May I repeat tor emphaais that we are not 49 lnterested 1n the bul1dlng as suoh. The Building Zone Ordlnanoe ls only interested 1n the use put to the land, your lot. Thwe has been IIlUch oonfus1on on th1s and I hope . to o18r14 thls. We have no lntention of puttlng in 8 Building Inspector, or anyth1ng of that sort. The pr1mary 1nterest of the Zonlng Comml.s10n 18 to preserve the natural beauty ot our town. MR. LAHEAS I May I suggest that you ohange that to r"d to that effect. HERBERT CASSID¥ (Southold) I Mr. Superv1sor, Town Of'f1œlø, Ladlea ,md <Jentlemen, I 8m a tamer and a produce dealer. R1ght now thla year we have unions pushed on us. We have them around and they have been hurtlng. We have tar1ff., but I dOP't tblnk tarlffs are llke th1øordinance that they are trying to shove down our moutha snd take our freedom away from U8. I wss on my way to the Post Office at quarter to seven ln the town of Southold, and I lIIet a tellow and be sald, "Good morn1ng. you stupld farmer." I sald, -Good morning.- . / I donlt know wbether he vaa trying to be 1II1II1:'10 or funny. I read tbla 1n the United Statea News. the May ls.ue., ·parmer. 1ndividually have more money lnvested ln equipment and mae~ery, without real estate, than all the blg co1'- poratlona, and all your tine town. have today.. So I think we ahould have 8 voloe Jc ln the artaire ot Southo1c1 Town. 50 I got the flgures of the asaess.ent Monday. I be11eve we carry abtftlt 3~ 01' the .lIessed valuatlon 01' Southo1d Town. . But getting baok to thl., you can't interpret 1t be- oause they don't know what thls is all about,. iT. slncerely urge you as taxpayer. and ;rear-round. re.1dents -- I have been here tltty Y..1"., I am between laaebOdy who wa. born in 1902 and 1914 -- I .inoere1y urge you a. resldents and taxpayers 01' Southold Town to delay this tor turther study. Thank' you. GEORGE STELZER ( Southo1d) I Mr. Cha1rman, member. 01' the Town Board; Zoning C0IIIIII1881011, Ladles and Gentlemenl . '1'". I am I far.e1' and I retrain tram malG1ng any, remark. ~ Oppol1t1on to zoning unUl IIKI8t 01' you had tintlhed. One or two, I am sorry Mr. Frederlck Rloh here was one 01' them, .ald we had nothing to otter. Apparently freedom means nothing tOday, the tact that we lent 101dle1"s allover tbe world that were blown to . ml1110n pieces, that deteat. the very freedom we ",nt 1n Sòuthold . Town, and that meaol nothing' Here in two weekli, In two weeks. you are going to hear the ...Jor politlcal paJ'Ues .. to who 18 to blame tor the .urplus 01' tood we have in Amertca today. When you stop to think, two out ot every three people In the world 1Joday go '.,bed hungry, arid we In Amerioa have a surplul and an 51 abundanoe of food products by unreatr10ted farmers and no regulail1ons. It 1s not JUlt a coincidence} 1t 1s good planning, and not by zon1ng commissions e1ther. . People get up here to tell you about a beautiful township. Some have Just arr1ved a few yesrl. If! mention the word "summer res1dent" I mean it witha11 the respect that I oan oommand: aome of the best fr1ends I have 1n the world are summer res1dents. You may laugh but I mean it. We have somB of the f1nsest sohools, f1nest churohes, f1re departments, roads. beaohes, and 811 done without 8 single restriction or regulation, or this resillentat10n that you 8re askS-ng ua to acoept when you .ay zoning. Now, what gives anybody the idea that we as fa~er. are going to Itand for all that? Why should we? There isn't anyone that hea any more pride in their hoinel than th e fat'mer, whether 1t be Nuaau Point. Reydon ShoBes or anywhere. And he hea to support these schools. f1re house,ohurohes, what-have-you, from the time thia beaame a settlement. And 1t goes back three hundred years befOre . any of you came out of Brooklyn, Hells K1tchen or wherever ;, . 'l~, you lnay have oome trom. Far be it t,om me to make a aiatement that might be ,. construed as an accusation toward the TOwn Board, but 8S a matt~r of factI this very week. 8 part of your Town QO¥~rnment has busily erected signl 811 over Southold Township, and I would like to know I 52 why. Does he know that zoning i8SOing to oome, and 1s he gett1ng under the w1re throughout, Does he know that already one man that makes h1. l1v1ng by erect1ng s1gns has been told . to l1quidate in f1ve years? He 1s a man who has ..r",e<1 h1s country faithfully and fought for what we call freedom, and .s of th1B past week one 01' the Town Government has b..n puttlng up s1gna. It any of you have any doubts I w111 take you 1n my oar and prove 1t to you. And then you want zonlng to step up, anð take a man's l1""-1hood away? I know aome 01' you have re.tr1ctions already 1n Heydon Sbores. but why b other us? The gentlemen trom Na..au Point .a1d: oome to Naasau County, we have crowded sohools and no room. You don't have to go to Na.sauCounlly. You haven I t got room here. And all the zoning 1n the world 1s not g01ng to preyent the 1nflux of people) 1t never b... You...re not g01ng to stop progress with any man-made law. All you have to do 1s go 1nto Brookhaven. You muat get on your bended knees w1th $15 for the priv11ege or . gro"ing . tew ohickens. That 1s why rarmel'l are ahald "'¡-·'i",,', , ,"';- 01' zon1ng. Ladlea and Gentlemen, I happen to ~e pr..ident 01' the Eastern Surtolk Labor Co-op and the seasonal ra1'1ll worker has been a whipping boy tor the paat four or f1ve yea?s. The intolerance and d1sor1m1Dttlon by Deopl. who prot... to 53 be good Amerioans. Christians, beggars desoription. At a meeting here at the Southold Fi~e House I heard statements made by lo-called Amerioans that I would be a.- . hamed to repeat. and call myself an Amerioan. Men who know better have made statements: simple distortion of the racts. and I heard them. And 7esterday I took the time and spent two hours ot one ot the moat outstanding officials and I can cover all of America when I mention his mame. He i8 . friend of the Superv18ors. Be has done a terrific Job proteoting your health, and I did not go after this dOcUMent to refute the Btatementa made by th.se people, rather, I did it for the sake of some of you people who do not understand the m1grator7 worker. 'l'he7 us not "- monstere or the cut-throats that you would have UB believe. I have employed them for thirt7 years. As a matter of tact. I have had one man and his wife on my place for twenty-two years. There are ten on my place. We don't even look 0U1 doors. And I am going to aak the Supervisor if he will read the thi8 letter given to me thi8 morning by^Cømmis8ioner or . Health who has done an outstanding Job InSufrolk County. Commis.loner Hafle. r told him why I ..nted it. r told htm- r6r it was^a son1ng meeting. (Supervisor K11pp read th~ tollowing letter.) Mr. George S1Jelzel' Swthold. N. Y. Dear Mr. 8telser: 54 It 11 regrettable that the lubject of lealonel agricultural workers Ihould be Introduced in the dlsousl1on related to zoning 1n the Town of Sout~old. For YOUl' . intormatloD. I wilh to report that GUri~g the paa' leveral years there has been conalderable progre811 IUde With the full oooperation of agrloulture in effect1ng the improve- ments related to labor campi prelc!r1bed by law. Pr10r to 1949 there were recorded but 10 farm labor campa under perm1' 1n the entire County of Suffolk. In 1955 'here were 65 labor oampa, under permit and auperv1a1on ot th.Suttolk CeuntyDepartœent of Health. W1th spec1f10 referen~e to the Town of Southold there are at preaent 30 farm labor campi under permit and 1n operation and loan report that thele oampa are in sub- etantia! oomplianoe with the advanoed presor1bed regulatione of the New York State San1t.~ Code which were put into eftect 1n 1955. Thie year the law ,..s further amended. bringing within purview ot the Department ot Health, oa.pe hav1ng f1 ve or moh penonl (two of whom ape tarlD laborers.) 'l'hia awelled. the oounty total to 8B oa.pl. The 30 campe . in the Town of Southold have a total pupulat10n of 59 ohil- dren, 517 adult...les and 85 femalel. tor a total ot 661 leaaonal aC'ioultural wOrkerl. It 18 to 1Ihe oredit of the County Comm1ttee OD Migrant Labor and the full oooperation or ap10ulture t~t our labor oampl cOIIpare r..or.1I17 with thos., any1fhere in th1. _tate. 55 We have round no greater difference wlth Negro groups. whether resident or migrant. in matters of concern to the pUbl10 health. It is generally belleved that there are . problema or tuberoulosis and venereal d1sea.e. but a reoent survey conducted by thls Department in one of the camps ta1led to show any sign1flcant problem relatsd to venereal d1lease. '!'h1ayear we have had additional aaaistance t'P0IR the New York state Department of Health in providing publio health nursing to promote personal health value. among the seasonal agricultural workers 80 ,hat they may have the opportunity to acquire 'his knowledge about perlonal health. Again. I wi.h to IItate that our appraiaal of the labor camps 10 Southold Town shows that they are in Bub.~ntl.1 oompliance with State and County regulations and 1n many 1nstanoeB'provide for more than the m1n1mum requirements. Upon the basls of the lnunedlate palt experience or full oooperat1on by gro_rs and proCessors. we should atta1n the broad objectlves of better houslng and .anitary fac111111e. for not only the a8880081 workers but tor othel's . res1ding on . perlllanent basls. Very truly yours. (S1gned) mLIP J. RAFLE_ M.D. Commi8sioner or Health. jj 56 MR. STELZER: Thank you, Mr. Supervisor. Priends, th 1s 18 the statellent tram a man who knows what be 18 talking about. And I am very much afraid that many ot you ha1re been . driven into th1B zoning idea because of Btatemen~ made about the aelsonal worker. This should put your minds at ease. Now, regarding the fal'me!" spokesman, John Wickham and Bob Gillispie are triends or m1ne. Their right to be on this Zoning Commission I would defend 1n a moment, bUt on May 5, 1954, the Parm Bureau called. a group of men tor a meeting at the S01ltbold Pire Houee. Edwin H. King, Or181J1s. L.I.J Edward Latham, Or1ent, L. I.} E. K. Tabor, OPient, L. I.; Robert Gil11spie, ERst Marion, L. I.; Harold. Tuthill, Southold, L. I.J Eugene Gagen, Soutbold, L. I.J Mahlon Dickerson, Southold, L. I.; steve Dorosk1, Bouthold, L.I.} George H. stelzer, Peconic, L. I.; Charles J. Si~nø, pecOnic, L. I.; Leander Olover, Cutchogue, L. I., Edward A. Zuhoski, Sr., Cutchogue, L. I.J John W1ckham, CUtchogue, L. I.J Dick Woodhull, Cutohogue, L. I.J William Wickham, Matt1tuok, L. I.J J. DwIght Reeve, Matt1tuck, L. I., John . McNulty, Laurel, L. I.J Edward Buchak, Laurel, L. I.J Ralph Tuthill, MattItuck, L.I.} Prank Sidor, Matt1tuck, L. I.~ There has not been tbe sUghteDt 1ndIoat1on trom any grower, so tar as I know, to have Mr. Wiokham speak for us as a group, or Mr. G11¡1.pie. 'l'hey chose to wr1.te 57 these regulations. and they do 1t str10tly as John Wickham and Bob G11lisp1e. So far as I know. -- I am talking for the Farm Bureau -- they have not been asked or appointed . except by tbe Town Board. NaN, I appreciate your courtesy in bear1ng w1th me. It takea a lot of nerve to get up among alot of strangers. I alii only a tarmer} 1t is not my buøineBB. publio apeak1ng. But I tell ,you thisl don't aell these farmers short in tbeir cause to keep thia town as it il. tor many of you know. ahort of a war. that the farmer haa a ioough t1me getting along with taxel, eto. I oan't remember a single tarm that has been 801d tor a development. So I caution everyone. let us not draw an Iron Gurta1n around the Town of Søuthold and croate a Rus.iawith aommisars. SUPERVISŒ KLIPP I Ia thore anyone elae w1shes to speak in opposition' J. DWIGH'l' REEVE (Matt1tuok) I I am a tarmer from MattUuok. I would second Mr. Stelzer's statement that the farmera in this county have aa muoh 1nterestin ~ep1ng . the .Itern end ot Long Island beaut1ful as anyone in th1s room, 01' all70ne on this end of the Ialand. I th1nk that this s.a evident by the mannn in which m08'1I of us·': try to keep our own places, I would not oppose all zon1ng but I do teel that we should have mOre t1me} we should have at lea8t another 7ear to go over this on the matter of . 58 separate class1f1cat1on for agriculture. I reel that the enaotment or this ordinance should be postponed, and further invest1gation be made 1n the poss1~1ty of a separate cla.s1· . fication d1v1s10n ror agrioulture rather than the possible later amendment. I think that 1. all I have to .ay. SUPERVISOR KLIPP. Is there anyone else' FRANK ROGERS (Southold)' I have a quest1on. I not10e on the I/I8p under adopt1on I find . ¡reat many place. of bua1neBEi that have been omitted. In whet manner do you propose to take oare ot tho.e place.? MR. WICKHAM. Mr. Roger., 1n a~l ca.es where a bus1ness 1s now oonciucted uncier What i. shown on the map as the "A" Zone, Resldenttal and Agrioul\ure, that 1. a non-conforming use, and that will per.1st. That oan be expected to cont1nue as long aø the present proprietor .~; :(,~~., t~ oontinue. to operate it. It oan be ~J,4 ,and oontinued for an 1ndefinite length of time. There 1., however, one 11m1tat1on. if the business is term1nated or abandoned, ceases for more than a presor1bed period, two year., 1t . cannot be re-establi.hed. In other words, your bustne.. may be Bold, and may be Bold two or three time., but by v1rtue of the fact that 1t 1s in a residential area, it 1s 1;ha t preswned^when thtt business, for any reason all, 1s abandoned for .ore than two years, the area reverts to the residential zone and can be ocoup1ed only as a bu.1nes8 59 aga1n upon permission and a hearing. Let me point out that, a request to the Board of Appeals for a publi hearing is in all fairness to your neighbors so that it would . give them an oppo~unity to say whether theT wished it to be restdred as a business or not. MR. ROGERS, Could I sell my place of businea,B as 18? MR. WICKHAM, Yes, and it could be resold. MR. ROGER a Another question, please In a caSe where a lot weB purChased sey a ¡ear or a year and a halt agoþ and at the present time, under your present specifioation. 1n the ordinance, that lot does not conform to your specifications as to trontage and the n~lber of sq. tt., and at the'preeent time there has not been a building placed on it, but that 1s anticipated. Now, if an ordinance is adopted, what happens on that piece ot property? MR. WICKHAM, Well, there would be no question about that. The owner could build as he saw f1t without a hear- lng. and generally without even a request to the Board of Appeals because special eJCl¡IlI1ptions are granted for lots . held in single and separate ownership as we disausaed with Mr. Kaplan. If. however. that lot were to be one of five or six held by a real estate company and unfiled, that would be an entirely different problem. But it a piece ot propertý is in single and se~rat. ownership at the time of the effective date ot the ordinance, one is free to build 60 as he se.. f1t. MR. ROGERS & Would proof have to be presented before then a. to the use otthe property' . MR. WICKHAM & No, 1t would be apparent that 1t was owned 1n s1ngle and separate ownership. This has been drawn up trom the f,1rat to last within attempt not to work any hardsh1p. We have not put 1n all the deta11s necessary for complete interpretation because I am a tarmer, and Ih7 away from pages and paps. We have tried to \ll8ke th1s as simple as po.s1ble, and wOrk no hardship on anyone. IRVING L. PRICE, Jr. (9reenpO'1't) I I am an attorney. I res1de in Oreenport and am a taxpayer ot the Twwn ot Southold. I wish to speak 1n oppos1tion to one ot the statements that Mr. W1ckham Just ma4e. I speak in oppoø1t10 ~,~-",..,. to the ata1lement that Mr. W1cltham ha. l118.ð.e that any lot mich does not ccmply with Seotlon 303'"", ø1ze.òt lot area, at this t18e, whether it 1s 1n separate ownersh1p at the ettective date of the ordinanoe, 1t,cannot be built on beoause 1t does not comply with the requ1rementa ot Section . 303. I bltppen to own one ot thou lots, and it is a lot Wh1ch 18 on a fUed map wh10h waa appro.veð by the Town Board, and I repreøent a cU.,nt who owns 83 lots on a t11ed,subd1v1s1on map, and h~ oannot sell theee loti. He can sell .hem bu. the purolUlsei' cannot build on them under Seotion 303'" without aþplying to the Board of Appeal. 61 for a varanae. And that would be granted in their dis- cretion. And I point out that the adjoining landowners I believe would have a right, whether that variance should . be grantEld. I secDnd the atatement made here tonight in which they say that they do not oppose zoning in principle. I am in favor of zoning in principle. But I think the resulta as shown here shows that there has been liJerloua omissions, anð that the ordinance ahould be glven further study, and I Buggest that a year'B postponement be made for that purpose. Thank you. (Applause. ) SUPERV¡SOR KLIPP: If there is no objection, if you w111 let Mr. Levine speak in favor of the ordinanoe, then I w111 let the opposition speak again. ARTHUR LEVINE (Greenport)1 Mr. Chairman, meabers of the Town Board, Ladies Bnd Gentlemen, the reason that I am here this evening 1s because I picked up the Lor~ Island Traveler this morning, and I read a heading and sa. the name of Oscar Gunther on the bottom. And I .aid. "Well, . if ønindivldual will pay the terrific rates for an article like that, I think Mr. Gagen can tell me what that come. to. he muet be worried about thie ordinance~ When I read the ad and listened to a group or misinformed statements that the gentleman made I got worried. becæU$e all of the oppoa1tion that might come up because or this ordinanoe. I 62 1f it 18 on misinformed oppos1tion. the ord1nance 1. in danger of not being passed. Now, I happen to live 1n Greenport. I am ~uperficially affected by the ordinance . being p~opoBed by Southold Town. In Greanport where we have a zoning ordinance that has been in existence for saneth1ng like fi,re years, 8f I recall, I Bat on the P18nnin¡ Board in Greenport and I received an education in zon1ng. I had Bome very vague ideas; perhaps more vague than I heard expressed this evening on zoning. But aftar a couple of years on the Board, let me Bay I received an educat10n where some of you don't quite catch the legality. I don't . happen to be 8 lawyer, but we get Boi't or a \mow-how of th.a. things. I am not here in behalf of any organization for a retainer. I am just here on my own. Now, Mr. Kaplan brought up the question of the matter of filed lots and Mr. Pr1ce was put out about Sedton 307 -A, whe~e it specific~lly states that an owner on the tranafer to a new owner of a lot, that it i3 undersized and was in . ;"_'_",:i.!"~__ . exiatence at the time of the passing of the ordinanoe shall . not be penalized. It 18 there. Now, is Mr. Stelzer around. I heard the statement this evening, someone said that the farmar 1s the backbone of th1s area. He 1s mere than that. He is the lifeblood. Without the farmer you would not have muoh liv1n~ in this area, You made the remark, too, let me see if I have 1t 63 correctly, you farm without resulationl and you want to continue that way. Who are you k1dding? I think you have more regulatlon8 than I do in my business. You have them . from the Federal Government all 'he way down, and this Zoning Ordinance i8 not going to .frect you or any other farmer directly or indirectly. I don't know where a 11 the misinformation oame from but 1t certainly has got a lot of people worried and ror absolutely no good reason. I have heard progress mentioned. and without a sonins ordinance there w1l1 be no progress) there will be retro- gressIon. I have heard people expree. that thia ordinanoe 1s all right. It should not happen to UB, but let us delay it for 8 year or two years. I don I t know how long. whether it is a year or two, but they have been prepar1ng 1t very oarefully. We worked two ¡.ar8 on oura before we bad it ready and I don't say 1t is perfect. There ia no ord1.nance that can be perfect, but let me say th1s, by the t1.e you pass an ord1nance, when you pass an ordinance, by the time you say that we need an ordinancel it will be too late for . the ordinance to do you one single b1t of good. When a patient is ill, when there is a ser10uI cae.. 8 serious case of appendicitis, the dOètor does not .ay, "L"t us wait." They bring him to the hospital and remoTe the appendix. Mr. Schmit very aptly said a lot of thing. that I wa. 64 going to say. r ,:lon I t have to I'epee. t his remark., but progress is heading ln this direotion, and to insure that progress be prepared for it by preparing for homes built . substantially on lots that are the right .lze for the people that may 11ve in them. As for the tarmers, you .hould be proud to occupy a position of privllege in that you are placed ln the "A" ola..irioation, the highest clasalficat1on. Do you rea11ze what a tribute that 18 to the farms on which you live, that they are oonsidered Class "A" Residence. I think I have cO"'lered:3u8t about everything. MR. STELZER I Ladies and Gentlemen, r would like to 1ntroduce you to a new farmer in Southold Town, Levine. He calls hlmself a tarmer becauee he had the prioe to buy a farm. .,' (- '. SUPERVISOR.KLIPPI I think, Mr. Stelzer, that is personal and we will not continue that. MR. STELZER I r submit to you ladies and gentle.en, that there 1s a big d1fference in buying a p1eœof land . and rent1ng it out and buying a tractor and tar.1ns it and. mak1ng iI living on 1t, and when he oan show me the regulatiOl1 I have, let him show me the regulat1ons. MALCOLM MaoDONALD: I have a dlst1nat ree11ng the. the majority of us are puzzled why the farme~a oppo.e 'his or are at least que.tlon1ng on a delay 1n,paa81ng 1t over 65 a while longer. The anlwer il very s1mple. Firat of all it haa been given to us several t1mes because ot the 'act that they are in the type of bUliness that they are in . that they are continually opposed to any k1nd of regu- lationa. I won't argue whether they are regulated. and that anything that they ere regulated by they are oppolled to. whether that is too h1gh a philosophy or not. I tn1nk that should be enougb. The other reason il thia. I think mest of them at one time or another since zoning ha. been discussed and talked with farmers in other area.. al1l1 the responses that they received have been unfavorable. JUlt for example. a farmer in Huntington Town reoeived a summons for operating his irrigating pump at ni~ht beoaule 1t d1sturbed his naigbbor. He had to get certificatel from the manufacturer, from the electrio1an who installed the pump, certifying that 1t wa. no larger than the pump he was replacing. otherwise he would have to shut doWn becauBe he was irrigating and disturb1ng .c_ebody' a aleep. The statement was made that ûhe tarmer.Bhould be proud that . they were going to be 1n a Res1dential Zone 1n th1a Ord1nano, I don't know whether or not they are perm1tt1ng agrioulture 1n an "A" zone. That 1s part of the problem. YOU look at it BS a res1dent1al zonø. imd that ~ou are do11lß the far..r a big fBUOX' putting him in the hign zone w1th your phlloBo- phy about the rules Bnd regulations of that rea1dent1al 66 zone. Now. thole or you who have long reoord. or golng baok to t1e 1800' I ar. ramil1&r wlth the rarras that are settled . here. I thlnk that th~ wl11 work our here. There w111 not be any problem. I don't th1nk that the rara..a are worr1ed about any sltuat10n under the pre.ent town gov.rn- menta What they are worrled about are .mendment. and pro- vl810na 11' we hay. a pFOblem of .n ln1'lux otlDPulatlon o cm1ng 1nto the town - you haven't. it that 1. wha t the zon1P& problem 1.. It thai¡ 1. what you ant to proMct agaln.t. then lt fOllow. to oreate . b.lanced community .. tar a. ordlnance., you are r;olng to Ohange them .a t..t .. Ü1eY ccme 1n. The lIII.1orlty w111 not haYe t.rm.. It you or I bought . country e.tate and heard a tractor you wouJ,d aay& that hal to be .~ped. '!'bat haa been done 1n other .1'.... I d1d not ...n to set up here. I have DO 'bua1n... talklng. I a. spea1d.ng tor 1Q'1.1t. not .. .n organlzat10n. Now. I know that you quelUOD 1n yoU mind wbat 11 . the rarmer all worked up about. It we had tl.. to .tudy.- I dœ't know wbether w. did .uGh.but the t.ct ia that we haven't glven the t1m. to look the th1ng,over. Thank you. SUPER"fI8OR KLIPP I II there anyoDe elae lnoppaolt1on' If not. we wl11 hear thoae 1n41v1dual. that wlah to spe.k 1n favor. r 67 AIJI'JUI ) G. MONROE (Nagle Dr., Matt1tluck)a Ia.1n ta.,or ot zonins. They publ1.hed the ordinance but tbey did not pub11eh a ..p. Wbat wae tbe re..on tor that? I SUl'IRVISOR ltLIrPa The reaeon that there "ae no ..p , , ! publ1.hed with that wa. because a ..p ot th1. .1ze 18 pretty e..ll and it it were oondenud it "ould be a blotch. 1m. IIONROE I It a pereon 11.,e. in 12, or C Zone, no dwell1nse permitted -- SUPERVISOR ltLIPPI Are you apeakins in tavor ot the ordinance' 1m. MONROEI I a. in tavor ot the ordinance, but I want to set eOllleth1ns .tra1phned out. ArUcle 5-C-12, I would l1ke to know what that dwell1ng 18. Are all typee prohibited accord1ns to thia' (PrOlll the floor) IIr. Cha1run, 1e it your intention to put tb1e to a vote by a ahow or handa' SUPERVlSOR KLIPPa It hae been euggeeted that in order to expedite tb1e th1ng, I mean we oould continue on tor ¡,~~...., .onth. an.wer1ng all the.e que.tiona, that allot the people bere that were tppo.ed or in ravor, when th«J rile O\It the door and B1¡n their na.e. to the ;vellow pad. that will be lett on the plattor., they can 1n4icate whether , I th«J are in ravor or oppoled. I (The hearinc cont1nued.) 68 SUPERVISOR KLIPP. I am 11.ten1ng to those who are 1n tavol' . ALVAH GOLDSMITH (Southold)' I 11ve in Southold. I . used to live 1n Pecon1e. I have been listening with . peat deal ot 1n1lere8t to this d18ou8810n on zoning tonight and rranltly, I did not intend to .peak about it, but I heard st&te.ent.. People spoke who ..emed to be 8p.aking trom, preJudice and emotion rather than trom tact, but I a. Ju.t up here to ask a ooupl. ot qµestions. I would like to uk the Town Bòard and Planning :Board it it is their 1nten't1on, 11' 1Ib.... is anything in this regulation that indicates that they have any dedre to change the .tatus quo in th1ecommun1ty. Dò they desire to change any tamer' bulld1nPJ make him relooate any ot hie buildings, make him ¡ ~ -f;~. . . - , ., Qonduc1l hie operat1one1n any other: ,way than he 1e operating. It 10, I agree with everyone ot you tarmer.. You .hould know abou1l it. But I haven't been given to under.tand any lUoh thing 1. to take place. My idea ot th1. zoning is .! ~ "~:i' j~,:" ; .1mply lookeep th18 town tr~ running down. We don't want . to stop anybody trOll1 tarming. ','\:>c1ay or night. That has been g01ns on, and will oont1nue to go on. But the whole oppoa1t1on .eem8 to be ba.ed on lack ot understanding, and I think it would help U8 if the.. men would g&1I up and vo1oe an opinion on what they intend to regulateJ on what they say i8 going to be ohangedJ on what they 8ay 69 they are gotng to have an appeals board and plann1ng board, etc. All r1ght, what 1s the advantage? Who il going to be on it! What i8 go1ng to be their 1ntent? I have expl10it . oonfidenoe that the people in this town.e not gotng to allow anybody on tbis ZOning Board or Town Board that are going to do things that are gotng to be detr1mental III bal been indicated here. It we oan get an ,expres.ion of the Town Board as to how they teel about th1e eet up, how they are g01ng to handle it, an they g01ng to olamp down 01" oont1nue ae statuI quo. 01" let further development take plaoe 11ke you and I would Uke to see happen. That 11 my idea of aon1ng, when yøu can Itop lome tellow with ten mil110n dollarl from 00ll1Ðg tn and d01ng lomething with a gr8&1; big ..ctton of. the c0llllllUJ11tYJ dolng what he Ukel. If I am wrong, it I have bitten ott more than I cab ohew, al Ar al I am ooncerned.I am eorry, but I th1nk that the people would answer that queltion, and I th1nk you have .ettled meet ot the quel1;lons in our mlnd. 'SUPERVISOR KLIPP J AI tar al I am oonòerned on the Town Board, it there il any dltference of op1nion other . than what I all going to expree. at thle t1me, I would like to have the member. of the Town Board reg1e1ler it, and it 1. thie. that throuah all of thil zonlng loan tell y~ with all the honee',. that I ponelll, that there wae no 1ntention to hurt alQ'one, and 1t wae an effort to try to be 70 helpful to the town as a whole. 'l'here W8B no attempt made to intertere with farming in any way, shape or torm. I have listened, .1 you have, to all kinds ot rumorl' . What you have to do, the money you have to pay, etc., and \here was no intention ot baving the tarmer doing anything the other than he does 8t~resent time. He c.n tam. He c.n ltart his irr1~t1on pump, when he ....nt. to, and .hut it ott When he ....nt. to. That 11 my honest conception 01' what we are trying to do. There was no .ttespt to hurt. It was an attempt to help. It there 11 any d1tterent exprellion from the Town Board I WQuld like to hear it. MR. STEJ·7.RItI Are you .....re of the t.ot that when Brookhaven Itarted its Zoning Commission there were two tarmers on it and now there 11 none? Are you a....re? I am lure there are areal on Long Illand where you oan't .tart your 1rrigation pump. CORNELIUS HURD (New Suftolk)a Mr. Supervi.or, I beg your pardon, I alked tor the floor before th11 gentleman. "r. Supervisor and members of the Board, Ladies and . Gentlemen, there has been quite a bit of contuaion here tonight. ' I have been a sUl1lll1er resident tor 46 yearl and my father betore me. I am 10 confu.ed right now I don t t know whether I am a lummer rel1dent or a tarmer. I heard a tarmer lay, who is a muèh better Ipeaker than I am, "Don' " ae11 the tarmers Ihort." And I am terrib17 contuled beeaus. 71 they bring out oounlel from New Yerk oonneoted with the New York Police Department tor twenty-five yearl. I presume . they pay him a fee. And what did he say a¡atnat 1tt He .a1d there is no future here. There is nothing in the North Fork. nothing in Soutbold exoept the farmers and .~er residents. I am gOing to give you my opinion and posB1bly it is not.. ¡ood as hil. I am n01l being pdd. but he 1.. The point 1. this whOld end of the North l'ork. I have .een it for 46 years, I have grown with it. l..s only about this high when I came down here. It is on the very verge of' the t1neat development ot any coun\7 10 New York State. It is going to help the r.~,r and it is ¡o1ng to help every person sitting here. and let',uI not build a barrier across at Riverhead and drive them over to the louth shore. If you don I t have 80me proh;; 1;10n tor prqarty here you are going to get Jay-walkers aDd outboard IIIOtor boats destr07ing the water tront places. and the value ot your proper\7 will go down and the taxes will go up. Thank you. . MR. YOUBKKOFF: I am in a Ras1dent1al Zone. I turned .Y house into an apartment house, what does that meant SUPERVISOR KLIPP' You hllve already done 11;' Mae. YUUSKKOPF I Yel. SUPERVISOR. KLIPP' That 11 a non-oónf'ol'atng uøe and ..llm! a. it r....1ns ;you can live there that -7 tor ever. , 72 MRS. YOUSKKOFF I And I have a Bull building on there I want to build a little larger. SUPERVISœt'KLrPPI As long aB you do these th1nga betore . the adoption or the ordinance it 18 non-eontorm1ng. ¡a there anyone else in ravor? ED ADAMS (0i'1ent) I I would Uke to Bay I am very much in tavor of our proposed zoning law. DONALD SUN (Matt1tuak)1 I would like to 10 on record ~'" being in ravor of zoning. EDWAIU> MESEN (MatUtuck) I I am in ravor ot the zoning. Aa tar aa the time delay 1a concerned whether the tarmer 1. going to delay it, lei me point to R1verhead where you rind lIull houlle. going up with very I111III11 plota, btld dea1gn, stovepipe for ch1mneys, and they are not carrying their IIMre ot the tax burden that they are 1mpoa1ng on the IIchcol district. MRS. WEHUMEISTER (Soutbold)l ¡ am very muoh in ravor or zoning becauae only . ahort t1l1e ago land has 'peen 801d and turned into a .andp1t.--Ir that 18 what we a..e . goinl to have. MRS. BRUKBRI (Ma1lt1tuok) Vh7 11:1'7 to make a Lev1ttown ou, ot some öt Our places .ere in southold? GENE JUSSAPARO (Gre.nport) I I Bat here tonipt and heard a reterence made to the Bandp1t. I have Ju.t one word. and it 18 not for or aga1nlt zoning, and that is that 73 I makeiiia livelihood and because 1t' we d,id not have that sand pit we would be out ot business. It anybody wents to buy it the business il up tor sale. . SUPERVISOR KLIPP I Anyone elle in ravor' ALICE QUINN (Southold)1 I lived in a town about the liBe of Southold with lovely trees and relt that nothing would happen. The question of zoning came up .nd the people fought 1t and wanted to postpone it. I wish that you would eee the tarms now. The farme have been sold. Little houlel were put up by the thous.ndl. They all look aUke. And people's taxes have risen that many people want to leave there, and I am so afra1d that w111 happen here. SUPERVISOR KLIPP I Anyone else' MR. MASSAFAROI In ref.rence to the sand pit, I would 11ke to know what thele people would do without cement blockl and top 1011 to dre.. up the.e home.. SUPERVISOR KLIPP I Anyone el.. in favor' JOHN SHARDUN (Southold) I I hold~O aores. I a. agains zoning. I be11eve in freedom. We dOn't want to live 1ft . ~"·!r¡þ~-~··· RuBS 18 . MR. DONER! (Mattituck)1 I have about eleven oab1nø aad 1t seems that a lot of zon1nB laws I believe 1n becauae ot the taRkø and other thins- should be done away with , . that i8 sp011ing the,wbole oreek. FRANCES O. RICH. I wbh to SO on reoord .. be1ng 1n 74 f'avor of zoning. GEORGE MORRIE (Matt1tu~k) ; I am heartlly in AVDr of the Zoning Law. . GOBRGE E. RAYNOR (Matt1tuak)J I am heartily in favor of endor.ing your Ord1nanae and not .siting any longer, beaause in one year an awful lot of damage oan be done. DR. ROBOHM I Mr. Cha 1rman, I move we adJourn the meet- ing. (Tbe motion waa seoonded and unantmou.ly aarried.) TIŒ CHAIRMAN ,_ If' there i. no one else who wi.hes to be heard, we will deolare the hearing olosed at thta t1.... --- . ¡ ( / I /' r - , , r~ . '. , . --'--' ~ " 1. " ......- I l~ ';':1 oj;fO (, I, .! ',..i\~ \ .,I!'<~,- ~ , " ¡; - :.x~' ~~ " " '. \ ~ ;r: \ ..-,...i..", ' ,:-,~L"-: '-~ . BUILDING ZONE ORDINANCE .' TOWN OF SOUTHOLD '. '- , : t¡ ; , , SUFFOLK COUNTY f.~ v; , NEW YORK " I J - i)' " , l~ - " \ APRil 28, 1958 PRICE 25c ~~,-i ' ''¡ ;, 'd' I "'t< I: ;r.; I "-'; .- <'~i , i - - ,- ----- -- -----. ;'" I 1 AMENDMENTS TO BUILDING ZONE; ORDINA.NCE SINCE APRIL 28. 1958 (Amendmel'lt=-t:=~cle X. section 1012, adopted August 12. 1958 and bec:ame pttective August 31st, 1958) ARTICLE x. SECTION 1012-PENAL- TIES-For any and every violation of the provisions of this ordinance. the .. owner. the general agent. or contrac- tor of a building or premises, where such violations have been committed or shall exist. and the general agent, I architect. builder, contractor or any other person who knoWingly commits. takes part or R!:isists in any such vio- lation or who maintains any bulldings or premises in which any such vio- lation shall exist. shall be guilty of an offense. Each week's continued viola- tion shall constitute a separate addi- tional violation. Such fines or penal- ties shall be collected as like fines are now collected b~' law. (Amendment to Article I, section 100. adopted November 25. 1958 and bec"t.me etfective December 14. 1958) ARTICLE I, section IOO-9A~FAMrLY -One or more persons occupying prem- ises as a single housekeeping unit. (Amendment to Article VII. a new . .ectlon to be 703B, adopted November 2&, 1958 and became effective Decl"lß- ber 14. 1958) ARTICLE VII, Section 703B-CER1I- . FlCATE OF OCCUPANCY - (a) 11 shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected. changed, converted or enlarged wholly or partly. in it use or structllre until B. Certificate of Occupancy shall h9.ve been issued by the BuUding Inspector. Such Certificate shall indicate that such building or premises or part thereof and the proposed use thereof are in conformity with the proVlsiom, of this ordinance. (b) Under such rules and regulations as may be established by the Board of Appeals. a tempOl ary CerLJficate of Occupancy for a !Jart ot any building or premises may be issued by the Building Inspector. (0) Upon ~,~ written request from the owner or oc- cupant, the Building Inspector shall . issue a Certificate of Occupancy for any eXisting lawful use and occupancy of a building or prem.ises. (Amendment to Article X, a new sec- ,. tion to be lOOOA, adopted Nove"1'\tn 25, 1958 and became effective Decem- ber 14. 1958) ARTICLE X. SECTION lOOOA-No lot ,4 shall be sold, divided, or set off in such a manner that either the portion sold. divided, or set off, or the portion remaining shall ha.ve an area and/or oþen spaces of less than that prescrib- ed. by this ordinance for the district in which said lot Is located. i,c < ~. '-;' .~ . . ~ , AMENDMENT TO BUILDING ZONE (Amendment to Article IIIA. Section ORDINANCE SINCE 350. adding thereto Subdl'llalon IA, DECEMBER 14, 1958 adopted October 4. 1960 and became (Amendment to Article II. Section elfective OCtober 29. 1960.) 200. adopted October 4. 1960 and be- ARTICLE IIIA, SECTION 360. SUB- came effective October 29, 1960,) DIVISION lA-Two (2) FamIly Dwell- ARTICLE II. SECTION 200 - USE lugs. DISTRICT REGULATIONS - (Amendment to Article IIIA. SectIon For the purpose of thI8 OrdInance, 380, Subdivision 2. adopted OCtober 4, the Town of 6outhold. outside of the 1960 and beca.me eft'ective october 29, Incorporated villages, Is hereby dI- 1960,) vlded !nto four (4) classes of eIIs- ARTICLE IIIA. SECTION 380, SUB- trlcts which shall be designated as DIVISION (2)- fo11ows: on premises wed for hotel. "A" RESIDENTIAL AND AGRI- motel, boarding and tourist house CULTURAL DISTRICTS purposes, unless otherwise provided "M" MULTIPLE RESIDENCE as a special exception by the Board DISTRICTS of Appeals as hereinafter provided, "B" BUSINESS DISTRICTS one ( ) advertising sign, either "C" INDUSTRIAL DISTRICTS, single Of double faced, Dot exceed.. Ing fifty (50) square feet In area, (Amendment to Article nI, Section the lower edge of which shaIJ be not 300, Subdivision 9, adopted October 4. less than four (4) feet above the 1960 and became effective October 29. ground. and the upper edge of which 1960.) shall not exceed more than thIrty- ARTICLE III, SECTION 300, SUB- five (36) feet above the ground. DIVISION 9- Such sign shall advertise only the The sale at retail of farm, business conducted on the prem1seø, garden or nursery products produced and shan be set back not less than or grown on the premises or of five (5) feet from all street and animals raised on the premises. One property lines. ( ) advertising sign. either single (Amendment to Article IV. Section or double faced. not larger than four 400. Subdivision 7. adopted OCtober 4. (4) feet by six (6) feet In size, ad- 1960, and became effective october 29. vertis1ng the sale of farm. garden 1960,) or nursery products produced Or ARTICLE IV. SECTION 400. SUB- grown on the premises or of animals DIVISION 7- raised on the premises. Places of amusement when (Amendment to Art!cle m, Section approved as a special exception by 300. Subdivision 10, adopted October 4. the Board of Appeals as hereinafter 1960. and became effective OCtober 29. provided. 1960'> (Amendment to Article IV, Section ARTICLE III, SECTION 300. SUB- 400, Subdivision 9. adopted OCtober 4- DIVISION 10- 1960, and became effective OCtober 29, One (l) real estate sign, 1960.) either single or double faced, not ARTICLE IV, SECTION 400, SUB- larger than three (3) feet by four DIVISION II- (4) feet in size on anyone (1) or Public garages motor vehleles more lots, advertising the sale or service statlOb8 and parting lot lease of only the premises on which areas for the storage of n.... or uaed It Is maintained and set back not motor vehicles for sale or hire, wbeD I..s than the rec¡ufred front yard approved as a special exception by distance and not less than ten (10) the Board of Appeals as hereinafter feet from each side une. provided, AMENDMENT TO BUILDING ZONE ORDINANCE SINCE DECEMBER U. 1958 (Amendment to Article I. Section 100. adopted January 26. 1961 and became effective February 17. 1961.) ARTICLE I SECTION 100, P ARA.- GRAPH 23B- 23-B - TOURIST CAMP - Any lot. piece or parcel of ground where two or more tents, tent houses, camp cottages, hou~ \>"i:W.!) 01. house trailers used as living or sleeping quarters are or may be located. said camp being operated for or without com- pensation. (Amendment to Article IlIA, Section 350. adopted January 26, 1961 and be~ came effective February 17. 1961.) ARTICLE IlIA. SECTION 350. PARA- GRAPH 4A- 4A - Tourist camps. when approved as a special exception by the Board of Appeals as hereinafter provided. (Amendment to Article m, Section 300, adopted August 16, 1961 and be- came effective September 23. 1961.) ARTICLE III, SECTION 300, PARA- GRAPH 6B- 6B-Cemeteries and the necessary incidental structures when approved as a special exception by the Board of Appeals as hereinafter provided. , BUILDING ZONE ORDINANCE the word "structure", the word "lot" usually OCCUPied. singly and no pro.. TOWN OF SOUTHOLD J.ucludes the word "pJ.at" and the word V.i.SlOn maae 101' cao.IUD.g J.1l a.ny ill- SUFFOLK COUNTY, NEW YORK "shall" is mand.awry and. not directory. (U vlaual apartment. I-ACCESSORY BUILDING - A l.ad-AUTOMUBILE WRECKING (As Amended to April 8, 19S8) buIlding, subord.mate to the main build- .8.J.'I .L) AJ...L lJJ.".tl.l!i.t(. JUNK YA.tWS--- An ordinance classifying, regulating fig on a lot and. used for purposes .L..IAUU OCCUPlect 01" to be occupJ.~d. lor alid. restnctillg the helght, numbe.t" o.i customarüy inciaental to those at the I.oUtl ::;toJ:ag~ 01 01\i \\'ood, paper. clotll stories, SIze at bwldmgs and other mam building. v. nlt::¡;al, iD.cJ.udLng oJd automoDlic;;:" st,L"uctures. the percentage of lot that 2-AN ACRE - An acre as applic- trucKS, equlpmen1i. m.acnm.ery. l!Xture::i lllay be occupit;:d., the sIze of yards and able to tbJ.s Ordinance shall reler to anC1 app!1ances 110t usame as origm.aJl.}.' · atnel' open spaces. the d.en.sitji of popu- the land exclusive of street areas. C1eS.iì;jnt;tl; and alSO lllCJ.Ucung any por- latlOn, the locatJ.on and use of build- 3-BOARDWG AND TOURIST tlon.s or such old auoomob.1.le trucks, lllgS, structures and land for trade, in- HOUSES-A lJuildmg other than a equipment or machinery as are or may , dustry, residence and other purposes, hotel where 10dglIlg, with or with- 0.: sold as and for junk or salvage. {provided that such regulations shall out meals, for five or more persons 13-LOT - Land occupied or to be QC- apply to and aiIect only such part of is furnished for compensation. cupied. b,y a building and its accessor1-' the town outside the limits of any in- 4-BUILDING - A structure having bu.1.ldings together wIth such open corporated. village), esta.blishlng the a roof supported by walls and when spaces as are required under this Or- boundaries- of districts for said pur- sepal'ated by a party wall without dmance and having its principal 1ront_ poses sa as to promote the health, safe- openings, it shall ,be deemed. a separate age upon a public street or ofIicially ty, morals and general welfare of the ouildlDg. approved place. Town of Southold with reasonable con- 14-LQT-OORNER - A lot situated sideratlon, among other ·things to the 5-BUILDING AREA - The aggre- at the junction of two (2) or mare most desirable use for which the land gate of the maximum horizontal cross streets. of each distrIct may be adapted, the section area of the buildings on a lot. l5-LOT-WTERIOR - A lot other peculiar suitability for particular use excludIng cornices, eaves, gutters or than a corner lot. of a district, the conservation of prop- chimneys projecting not more than l6-LOT-THROUGH - An interior erty values and the direction of bulld- eighteen (IS) inches, steps, one (1) lot having frontage on two (2) streets. ing development in accordance with a ~tol'Y open porches, bay windows, not 17-LQT LINES - The lines bound- well considered plan and also to estab- extending through more than one (1) ing a lot as defined herein. lish penalties for violation of these story and not projecting more than l7A-MARINA OR BOA'r BASIN- regulations as prescribed by the sta- five (5) feet. balconies and terraces. Any premises containing one or tutes. 6-BUILDING HEIGHT - The ver- more piers, wharves, docks, bulk- · TABLE OF CONTENTS ticle distance measured from the curb heads, bUildings, slips, basins or Short Title Section level to the highest point of the roof land under water designed, used or Article I Definitions 100 surface, if a flat roof, to the deck line intended to be used primarily for Article II Districts 200 of a mansard roof, and to the mean the docking, mooring or accommoda- . Article III "A" Residential and height level between eaves and ridges tion at boats for compensation. Agricultural District 300 for a gable, hip or gambrel roof PRO- whether compensation is paid di- Article IlIA "M" Multiple Resi- VIDED that chimneys, spires, towers. rectly or indirectly. dence District 350 elevator penthouses, tanks and s1m1lar l7B-MOTEL-A 'bUildlDg contaln- ArtIcle IV "B" Business District 400 projections shall not be included In ing guest rooms or dwelling units Article V "0" Industrial Dis- the height. For bUilding set back from each of which, or each pair 01 trict 500 the street line and where no curb ex- which has a separate entrance lead- Article VI Tourist Camps. Camp ists. the height may 'be measured. from ing directly from the outsIde of the Cottages and Trailers 600 the average elevation of the ground building, with garage or parking Article VII Applications and Per- surrounding the building. apace conveniently located. to each mits 700 7-DWELLING-ONE FAMILY - A unit, and which 18 designed, used Article VIII Board of Appeals 800 detached building designed. for or oc. or intended to be used .primarily Article IX Amendments 900 cupied exclusively by one (1) family. for the accommodation of motor ve- Article X General Provisions 1000 S-DWELLING-TWO FAMILY - A hicle transients. WHEREAS, all the matters and detached or semi-detached. bulldlng lS-NON-CONFORMING USE - A things required to be done by the Town designed for or occupied exclusively by building or premises occupied ,by a use Larw of the state of New York in order two (2) families. that does not conform with the regu- that the Town Board of the Town of 9-DWELLING-MULTIPLE - A lations of the use district in which it Southold, Sufiolk County, State of New building or portion thereof designed is situated. York, may avail itself of the powers for or occupied as a home for three (3) 19-5ETBACK - The minimum hori- conferred by said law have been duly or more families or households living zontal distance -between the street or complied with. independently of each other. lot line (front, side. or rear, as the NOW THEREFORE, the Town Board lO-GARAGE-PRIVATE - A building case may be) of the building or any of the Town of Southold, Suffolk Coun- used for the storage of one (1) or more projection thereof, excluding steps, ty, state of New York. by virtue of gasoline or other power driven vehicles open terraces, and! bay windows not · the authority in it -by la.w invested, owned and used Iby the owner or ten· projecting more than five (5) feet. hereby ordains and enacts the follow- ant of the lot on which it is erected, 19A-SIGN-A sign includes every ing orcUnance. and for the storage of not exceeding kJnd of billboard, sIgn board, de- . SECTION I-This ordinance shall be two (2) additional vehicles (not trucks) vice or display, designed, arranged, known and may be cited. a. "The awned. or used by others, used or intended. to be used to ad- Building Zone Ordinance of the Town ll-GARAGE-PUBLIC - A bulldlng vertise, announce, direct. or other- 01 Southold., Suffolk COunty, New other than a private garage, used for wise inform, includ1ng any writing, York." housing or care of gasol1ne or other letter, figure, symbol or mark paint- ARTICLE I power driven vehicles, or where such ed upon or incorporated in the ex- SECTION lOO-Definitions-For the vehicles are equipped for operation, re- terior surface of a building or purpose of this Ordinance, certain paired or kept for remuneration, hire structure. terms and words are, herewith, defined or sale.' 20-STORY-Thst portIon of a build- as follows: l2-HOTEL - A bulldlng occupied as ing included. between the surface of Words used in the present tense in- the more or less temporary abiding any 1100r and the surface of the floor clude the future, the singular number place of individuals who are lodging next above it or if' ,there be no floor includes the plural and the plural the with or without meals and in wb1ch above it, then the space between it and. singular, the world "bUilding" includes there are more than ten (10) rooms the ceiling next above it. ,1 \ ( 21~5TORY-HALF - A otory under a runs parallel to the street line at a practitioner. gable, J:llp or gambrel roof, the wall distance as so indicated. When the 9- The sale at retail of farm gar- 'lHates 01 which, on at least two (2) location of a district boundary l1ne den or nursery products produced Opµoslte extenor walls. are not more Is not otherwise determined, it shall on the premises or of animals raised tnan two (2) feet above the Ílmshed be determined by the scale of the map on the premises. One (1) advertts- .L~\.Jùr of such story. measured from a given line. Where the ing sign, either single or double 22-STRul;Tu.H.r; - Anything con- street layout. actually on the ground. faced, not exceeding twen't¥-four structed or erected, the use of which varies from the street layout as shown (24) square feet per face area, ad- reqUlIes a more or less permanent lo- on the zoning maps, the desIgnation vertislng the sale of farm garden cation on the soil, or attached &0 some- shown on the mapped streets shall or nursery products produced on , tnmg ha vmg a permanent locatIon on apply in such a way as to carry out the premises or of animals raised ~íle soll. the real intent and purposes of this on the premises. 23-.sTRUCTURAL ALTERATIONS- Ordinance for the particular area in 1O-0ne (1) real estate sign, either Any change in the supporting members question. single or double faced, not larger of a buùd1ng, such as bearing walls, SECTION 204 - Where a district than twelve (12) square feet in area columns, beams or girders. boundary line divides a lot in a single on any one (1) or more lots, 00- 23A- TOURIST COTTAGES - A ownership at the time of passage of vertising the sale or lease of only detached ·bmldmg having less than this Ord1nance, the Board of Appeals, the premises on which it is main- three hundred. fifty (350) square ao hereinafter .provided, may permit tained and set back not less than feet of cross section area, designed. the less restricted use to extend to the the required front yard distance for or occupied as living and sleep- whole or any part of such lot. and not less than ten (10) feet from ing quarters for seasonal occupancy. AJl.TICLII m each side line. 24--YARD -- An open space on the "A" Residential and Agricultural When the advertising SIgn is for same lot with a building, unoccupied: District the purpose of the sale or lease of and unobstructed. from the ground up- SECTION 300--In the "A" Residen- acreage, or the sale of lots in a wa.rd except ao otherwise provided tial and Agricultural District, no obuild~ subdivision, one (1) real estate sign, hereIn. ing or premises shall be used and no either single or double faced, not 2ó-FRONT YARD - The required building shall be hereafter erected or exceeding twenty-four (24) square open space extending along the street altered unless otherwise provid~ in feet w!ll be perDÙtted on each line of any street on which the lot this Ordinance, except for one (1) or five hundred (500) feet to one a,buts. thousand (1000) feet of frontage 26-REAR YARD-The required open more of the following uses: on the highway or highwa~"s on l-Dne (1) fanùly dwellings. space extending along the rear lot line 2-Churches, schools, Ubraries. which the property fronts, PRO- . (not a street line) throughout the VIDED said sign is set back not whole ,wJdth of the lot. 3-Non-commercial parks, pJay- less than the front yard restric- 27-SIDE YARD-The required open grounds. athlet!c fields, bathIn:t tions required and not less than beaches, bathhouses or boathouses. ten (10) feet from each side line. space extending along the side lot lines 3A-Marinas or boat basins for the . from the front yard to the rear yard. The lower edge of the sign shall docking, mooring or accommodation be not less than three (3) feet above 28-SIZE OF LQr-AREA-The area of noncommercial boats when au- of a lot shall be the total area meas- the ground and the upper edge of ured inside all of its boundaries. thor1zed. as a special exception by the sign shall not extend more than the Board of Appeals as herein- fifteen (15) feet six (6) inches above AJl.TlCLE D after provided. the ground. If the premises has a Districts 4-Ägr1cultural farms, poultry farms, frontage of less than fh'e hundred SECTION 200 - USE DISTRICT nurseries, greenhouses and truck gard- (500) feet. the sign shall have an REGULATIONS - For the purpooe of ening (does not include farms for the area of not more than twelve (12) this Ordinance, the Town of Southold. raIsing or breeding of ducks). square feet and the same restrictions outside of the Incorporated Villages, 5-Clubs. fraternity houses and golf shall apply. is hereby divided into three (3) classes courses, except where the principal ac- ll-Signs as provided in Section 408 of districts which shall be designated tivities are carried on as a bUsiness. of this Ordinance when authorized as follows: 6-Railway passenger stations. as a special exception by the Board "A" RESIDENTIAL AND AGRICUL- 7-Accessory buildings, includIng one of Appeals as hereinafter provided. 'ruRAL DISTRICTS (1) private garage, when located not "M" MULTLPLE RESIDENCE DIS- less than fifty (50) feet from the front SECTION 30l-"A"' HEIGHT - IN TRICTS lot line or a private garage within or the "A" Residential and Agricultural "B" BUSINESS DISTRICTS attached to the dwelUng. District, no building, hereafter erected "C" INDUSTRIAL DISTRICTS 8---Uses customarily incidental to or altered. shan exceed thirty-five SECTION 201 - The boundaries of any of the above uses when located (35) feet or three (3) stories. said districts are hereby established on the same lot and not involving Except public or semi-public bulld- as shown upon the Building Zone Maps the conduct of a separate business. ings may be erected to a height not which accompany and which, with aU This shan be understood to 1n- exceeding fifty (50) feet when set back notations, references and other matter elude the professional offIce or an add1tional six (6) inches on all shown thereon are, hereby, declared studio of a doctor, dentist, teacher, sides for each foot such buildings ex- . ceed the height of thirty-five (35) feet. to be part of this Ordinance, as if the artist, architect, eng1neer, music- matters and things set forth by said ian, lawyer, magistrate or prac- SECTION 302-"A" BUILDING map were all fully described herein, t1t1oner of a simllar character or AREA-In the "A" ResidentIal and . SECTION 202 - No ,building sha.ll be rooms used for home occupations Agricultural District. the total building erected, altered or used. and no prem- including dressma.king, millinery 01' a.rea shall not exceed. twenty-ftve (25, ises shall be used for any other than a siml1ar handicrafts. PROVIDED percent of the total lot area. purpose permitted in the zone in which that the office, studio or occupa- SECTION 303-"A" SIZE OF LOT such bUilding or .premises is located.. tional rooms are located in a dwell- AREA-In the "A" Residential and SECTION 303 - The ,boundaries be- ing in which the practitioner resides Agricultural District. no !building tween districts are, unless otherwise and! In a building accessory thereto, shall be erected or altered on a lot indicated, either street llnes, railroad. and PROVIDED further, no goods having an area of less than twelve rights-of-way or such lines extended are publicly displa.yed on the prem~ thousand five hundred 112.5(0) or lines .parallel thereto or boundaries ises and no sign or advertisement square feet and a frontage of less of subdivisions. Where figures are is shown other than a sign not lari5- than one hundred (100) feet. shown on the zoning maps between a er than two (2) SQuare feet in total SECTION 304-"A" FRONT YARD- street and a district boundary line, they area. bearing only the name and. In the "A" Residential and Agricul- indicate that the distrIct boundary line occupation (words only) of the tural District, the required front yard 2 \ ~¡¡~I! "" ~t least thirty-five (35) feet of its area prior to the adoption of establlshed on each street, the yard from the street line. this Ordinance, unless not less than depth shall be established on a line SECTION aDS-Where property in one (1) parking space for each famlly with said average setback lines the Vicl1Uliy is partly built up with unit therein shall be provided for. For projected to a point of intersection. permanent buildings and an average all places of public assembly including If no average setback lines have setback line of more or less than thirty auditoriums, churches and similar pub- been established, the required. front !lve (35) feet ha5 been ~tabl1sned. no lie gathering places erected there shall yard shall not be less than thirty- buildings. hereafter erected or altered. be provided not less than one (1) park- five (35) feet from each street line shall project be,yond ,the line of the 1ng space for each seven (7) permanent unless decreased as a special ex- average 8etback so establi8hed. seats in such buildings or for each ception by the Board of Appeals as 0 SECTION 306-In case of a corner part of the total area within such hereinafter provided. lot of record at the time of the pas- building or structure as is or may be SECTION 357-SIDE YARDS - In sage of this Ordinance, a front yard made avallable for seven (7) perman- the "M" Multiple Residence D.l5:- .shall ·be required; same to be on a line ent or temporary seat::;. The formula trict, there shall be two (2) side . with the average setback lines on both for providing an adequate parkiL1g yards, one (1) on each side of the streets produced to a ,point of inter- area is an area of three hundred thirty· buildings, the total aggregate of section and i.f no average setback has lour (334) square feet per required mo· both side yards shall De twenty- been established then a front yard, tor vehicle unit. five (25) feet and no one (1) side thirt,y-five (35) feet deep. shall be re- ARTICLE III A yard shall ·be less than ten (10) quired on each street front, or may be "lU" Multiple Residence District feet. decreased as a .special exception by the SECTION 35Q-In the "M" Multiple SECTION 35B-REAR YARD-In Board of Appeals as hereinafter pro- Residence District, no building or the "M" Multiple Residence District I,-ided. premises shall be used, and no there shall be a rear yard having SECTION 307-"A" SIDE YARDS- building shall be hereafter erected a minimum depth of twenty-five In the '·A" Residential and Agri- or altered unless otherw1se provided (25) feet, cultural DIstrict, there shall be two in this Ordinance except for one (1) SECTION 359 - OFF-STREET (2) side yards, one (1) on each 51de or more of the following uses: PARKING AREA - In the "M" of the bUlldings, the total aggregate 1. A use .permitted in an "A" Multiple Residence District, no 01 both sides shall be twenty..f1ve Residential and Agricultural Dis- bUilding shall be hereafter erected (25) feet and no one (1) side yard trlct. or altered or added to in excess of shall be less than ten (10) feet. 2. Multiple dwellings designed for fifty (50) percent of its area prior PROVIDED that, in the case of and occupied by not more than to the adoption of this Ordinance, a lot held in single and separate four (4) families, unless a minimum provision for ott- o ownership at the effective date of 3. Hotels, motels. and boarding street parking shall be made as fol- this Ordinance, of a width less than and tourist houses. lows: one hundred (l00) feet and of an 4. Tourist cottages. (More than (a) Dwellings-One (1) parking area less than twelve thousand five one (1) Tourist Cottage may be per· space for each family unit. hundred (12,500) feet, a single mitted on a lot when authorized (b) Hotels, boarding and tourist family dwelling may be bullt there- , as a special exception by the Board houses-One (1) parking space for on with side yards reduced fifty (50) of Appeals as hereinafter provided). each two (2) guest rooms. percent and may be further reduced 5. Accessory uses on the same (c) Motels and Tourist Cottages- when authorized as a special ex- lot with and customarily incidental One ( ) parking space for each ception by the Board of Appeals as to any of the above permitted uses. guest room or dwelling unit. hereinafter provided.. SECTION 351-HEIGHT- In the SECTION 36O-BIGNS-In the "M" SECTION 3oa-"A" REAR YARD- "M" Multiple Residence District, no Multiple Residence District the fol- In the "A" Residential and Agricul- building hereinafter erected or al- lowing signs are permitted. tural District, there shall ,be a rear tered shall exceed thirty-five (35) ( ) Signs permitted in an "A" yard having a minimum depth of feet or three (3) stories in height. Residential and Agricultural D1.s- twenty-five (25) feet. SECTION 352-BUILDINQ AREA- trlct. PROVIDED that, In case of a lot In the "M" Multiple Residence Dls- (2) On premises used for hotel, held in single and separate ownership trict, the total building area shall motel, boarding and tour.l5:t house at the effective date of this Ordinance, not exceed fifty (50) percent of the purposes, unless otherwise provided having a total depth of less than one lot area. as a special exception by the Board hundred (100) feet, a single famfly SEarrON 353-SIZE OF LOT AREA of Appeals as hereinafter provided, dwelling may be built thereon with a -In the "M" Multiple Residence one ( ) advertising sign either rear yard of less than twenty-five (25) District, no 'bullding shall be erected single or double faced not exceeding feet, when authorized as a special ex- or altered on a lot hav1ng an area fifty (50) square feet in area adver~ ceptlon by the Board of Appeals ... of less than twelve thousand five t1sing only the business conducted hereinafter .provided and PROVIDED hundred (12,500) square :feet and a on the premises and set back not further that in no case shall the rear frontage of less than one hundred less than five (5) feet from all yard be less than fifteen (15) leet. (100) feet. street and property lines. SECTION 309 - "A" ACCESSORY SECTION 354-FRONT YARD - ARTICLE IV . BUILDINGS-In the "A" ResidentIal in the "M" Multiple Res1dence and Agricultural District, accessory D.1strict, the required front yard "B" Business District" buildings may occupy forty (40) per- shall be not less than thirty (30) SECTION 400-In the "B" Business . cent of the required rear yard up to feet, District, no building or premises shall an average height of eighteen (18) feet. SECTION 355-Where the property be used, and no building shall be hcre- The yard area allowed. by such ac- in the vic1n1ty 1s partly built up after erected or altered unless other- cessory buildings shall be included in with permanent buildings and an wise provided in this Ordinance, ex- computing the percentage of lot area average setback line has been estab- cept for one (1) or more of the fal- to be built upon and PROVIDED l1shed, no bUilding hereinafter erect- lowing uses: further that no building of any kind ed or altered shall project beyond I-One (1) family or two (2) family or nature shall be built within three the line of the average setback so dwellings; multiple family dwellings. (3) feet of any lot line. established.. Notwithstanding any other provi- SECTION 31Q-OFF-STREET PARK- SECTION 356-In the ca.se of a sions of this Article, such dwelling INO AREA-In "A" Re.s1dent1al and corner lot of record at the time of when erected or altered in a "B" Agricultural Districts, no building shall the adoption of this Ordinance, a Business District shall comply with be hereafter erected or altered or front yard shall be required. Where the provisions of Section 301 to 308 added to 1n excess of fifty (50) percent an average setback line has been inclusive of this Ordinance. S 2--All permitted uses as outlined in SECTION 402-"B" HEIGHT-In the 4. Exceed fifteen (15) feet six "A" resiuentlal and Agrlcultw'al Dis- "B" Business District, no building (6) inches from ground level to the tnct. hereafter erected or altered shall ex- upper edge of sign, and 3-Hotels, motels, motor lodges, ceed fifty (50) feet. 5. Project more than one (1) foot boarding houses and similar establlS!l- SECTION 403-"B" BUILDING from such wall. ments. AREA-In the "B" Business District, SECTION 409-"B" SIZE OF LOT i-Hospitals and clinics, other than no building shall be erected or altered AREA-In the "B" Business Dis- those tOl' InfectIOUS or contagious dis- or used in whole or in part as a dwell- trict, no building shall be erected eases, or insanity or mental diseases, ing to exceed seventy (70) percent of or altered on a lot having an area . or liquor or drug addicts. the lot area, of less than seventy-five hundred 5-OíIice.s, Ibanks, financial mst.Ltu- SECTION 404-"B" FRONT YARD- (7,500) square feet and a frontage tions, telephone, telegraph, gas or elec_ In the "B" Business District, the re- of less than fifty (50) feet. tl'lC bUSiness. quired front yard shall be at least SECTION 410 - OFF-STREET . 6--8tores. t\venty-five (25) feet. PARKING AREA - IN uB" Business 7-Places of amusement. SECTION 405-Where property in District, no building shall be hereafter 8-Restaurants, bakery shops, con- the vicinity is partly built up with erected, or altered or added to in ex- fectionery or lce cream shops or .fac- permanent buildings and an average cess of fifty (50) percent of its area tones. setback line has ,been established, no prior to the adoption of this Ordinance, 9-Public ga.rages or automobile ser- buildings hereafter erected or altered unless a minimum provision for off- vice stations when approved as a spe- shall ,project beyond the line of the street parking shall be made as follows: cial exceptlOn by the Board 0:( Appeals average setback so established. (a) Hospitals - One ( ) parking as herema!ter provided. SECTION 406-"B" REAR YARD- space for every four (4) beds. IO--StOl'age houses, stables, express In the "B" Business District, if a bu1ld- (,b) Theatres and Restaurants-One cartIng 01' hauling offices or statlons, ing is used in whole or in part as a (1) .parking spa,ce for every seven (7) ice manU!actunng, yards for storage dwelling, there shall be a rear yard seats. and. sale of coal and building matenalS. having a minimum depth of fifteen (c) Dwellings - One (1) parking ll-Newspaper ottic~s or Jo-b prmting, (15) feet. PROVIDED further that, In space for every dwelling unit, book bind.enes, laundries, dry cleawng the case such building is over forty (40) (d) Hotels - One (1) parking space or ~'eing, undertaking establishments. feet high, the depth of the rear yard for every two (2) roolnS. 12- Cr~amery , butter or chee;;e shall be increased five (5) feet for (e) All places of PUblic assembly making, milk bottling or distributIng each ten (10) feet or fraction thet'eof such as auditoriums, churches and for stations. which the building exceeds forty (40) similar uses - One (1) parking space 13-8hops for carpenters, plwnbers, feet in height. for each seven (7) permanent seats or . blacksmiths, upholsterers, electricians. SECTION 407-"B" DENSITY OF an area equivalent to seven (7) per- tinsmIths, paper hange.rs, painters, POPULATION-In the "B" Business Inanent seats. tailors, dressmakers, millinery shop, District, no building shall hereafter be (f) All structures where offices or , shoemakers, jewelers, watch and clock et'ected or altered to accommodate or living quarters are provided over the makers, opticians, musical or scientific make provisions for more than twenty first floor, an additional space shall be instruments, pet animals and other (20) families on one (1) acre of ground provided for each office or for each trades or uses of a similar gl'ade. or more than a proportional number of dwelling unit, 14--Commerc1al docks, marine fuel fam11les on a fractional part of any (g) All other business buildings docks, piers, ferry slips, ferry houses, acre of land, based on the requ1re~ where the ground floor area is in ex- fishing stations, boat yards, boat stor- ments as outlined above. cess of two thousand five hundred age yards, boat storage basins, marinas, SECTION 408- SIGNS - Unless (2,500) square feet - One (1) park1ng mooring piers, bus stations and tenn- othenvise authorized as a special space for each two hundred (200) inals. exception ob~t the Board of Appeals square feet of building area or frac- 15-Any manufacturing, fabricating, as hereinafter provided, the follow- tion thereof in excess of two thousand treating, convert1ng, f1n1sh1ng, altermg ing signs are permitted in a "B" five hundred. (2,500) square teet. or assembling, in connection with the Business District: The formula for .providing an ade- aforesaid permitted uses and wluch 1B (a) DETACHED OR GROUND quate parking area is an area of three a necessary incident and accessory to SIGNS-One (1) sign, single or hundred thirty-four (334) square feet the preparation of articles to be sold double faced, not more than sIx (6) per required motor vehicle unit. primarily on the ,premises or to the feet six (6) inches in height and ARTICLE V performing of a service primarily for twelve (12) feet six (6) inches in uC" Industrial District residents of the neighborhood. width, the lower edge of which l6--Accessory use on the same lot shall be not less than three (3) feet SECTION 500-In the "C·' Industrial with and customarily incidental to any above the ground and the upper District, all buildings and premises, ex- of the above permitted uses. edge of which shall not extend more cept as <>therwise provided in this 17-The strIppIng ot land to obtain sod than fifteen (15) feet six (6) inches Ordinance, may be used for any use or to secure satisfactory top so11 for above the ground, which sign shan except the following: grading or other purposes is permitted, be set back not less than five (5) I-Abattoirs (except as a special ex- provided material so obtained is used feet from all street and property ception by the Board of Appeals as , on the immediate premises. If a build- Hnes and shall advertise only the hereinafter provided.). ing is being constructed or altered ma- business conducted on the prem- 2-Acetylene gas manufacture or gas terial excavated in connection with ises. manufacture from coal, coke, petroleum . such construction or grading on the (b) WALL SIGNS-One (1) sign or from any other product or the stor- premises may be sold however. Cement attached to or incorporated in each age thereof. block manufacturing, and naturai building wall on a public street and 3-Acid manufacture. production uses such as the excavation advertising only the business con- 4-Ammon1a, bleaching powder or for sale of sand, gravel, clay, shale or ducted in such building, provided chlorine manufacture. other natural mineral deposit are .per- such sign does not: 5-Arsenal. m.1tted only as a special exception by 1. Exceed two (2) square feet in 6-Asphalt manufacture. the Board of Appeals. total area for each horizontal foot 7-Blast furnace, SECTION 401-No building may be of such waU, and 8-Cement, lime, gypsum or plaster erected, altered, or used, and no lot or 2- Exceed! in width seventy-five of paris manufacture. premises except for agriculture may be (75) percent of the horizontal mea- 9--Coke ovens. used for any trade, industry or business surement of such wall, and lO--Crematories. that has been adjudicated a public 3, Exceed ten (10) feet In height. ll-Distillation of bones. nuisance !by B. court of record. and 12-Dwelllngs, all types. t 13-Exploslves, manufacture or star- frontage of less than one hundred SECTION 702-No building permit age, (100) feet. shall ,be issued until the Building In- 14-Fat rendering. SECTION 505 - OFF-STREET spector has certified that the proposed I5-Fertilizer manufacture. PARKING AREA-In the "C" Indus- building or addition complies with all 16---Flre ;works manufacture. trial District, no building shall be the provisions of this Ordinance. 17-Garbage, ofial or dead animals, hereafter erected or altered or added SECTION 703-A permit will be re- reduction or dumping (except as a to in excess of fifty (50) percent of its quired prior to the commencing of work special exception by the Board of Ap- area prior to the adoption of tWs Ord- for the erection or additions to all resi- peals as hereinafter provided). inance, unless a minimum provision fOl" dence, business and industrial build- l8-Glue, size or gelatin manufacture. off -street parking shall be made as ings. Accessory bUildings including all 19-Gunpowder manufacture or stor- follows: types of farm buildings except migrant age. (a) All buildings where the ground camps do not require a permit provided 19A-Automobile wrecking and all floor area is two thousand fIve hundred that all use, height and yard require- other junk yards. (2,500) square feet - One (1) parking ments have been ,complied with. . 2o-0ilcloth or linoleum manufacture. space for each two hundred (200) SECTION 703A-A permit will be 2l-0iled, rubber or leather manufac- square feet of building area or fraction required prior to the erection of or ture. thereof in excess of two thousand five addition to all signs except signs 22-0re reduction. hundred (2,500) square feet. permitted by Article III, Section 23-Paint, oil, shellac, turpentine or (b) All places of public assembly - 300, paragraphs 8, 9 and 10 of this varnish manufacture. One (1) parking space for each seven Ordinance. Metal identification tags, 24-Paper and ·pulp manufacture. (7) permanent seats or an area equiva- serially numbered' shall be affixed by 25-Petroleum refining. lent to seven (7) permanent seats. the Building Inspector to all signs 26-potash Iworks. (c) All structures where offices are for which a permit is required. 27-Rolling mill. provided over the first floor - An ad- SECTION 704-AII permit fees and 28-Rubber or gutta per-cha manufac- ditional parking space shall be pro~ fees for certificates of occupancy shall tUre. vided for each ofIice. be established by the Town Board. 29---Salt works. The formula for providing an ade- .sECTION 70S-For each application 30-Sauerkraut manufacture. quate parking area is an area of .three or Appeal to the Board of Appeals as 3l---5hoe bllWlting or stove polish hundred thirty-four (334) square feet hereinafter provided, ,there shall be a manufacture. per required motor vehicle unit. fee of fIfteen dollars ($15.00> accom~ 32-Sme1t1ng. ARTICLE VI panying the Application or Appeal. 33-Soap manufacture. Tourist Camps, Camp Cottages SECTION 706---All permits shall ex- 34-Stockyards or slaughter houses and Trailers pire in one (1) year of issuance thereof, . (except as a special exception ,by the SECTION 6Q0 - PER.'V!lTS RE- the renewal fee to be one half (~!!) Board of Appeals as hereinafter pro~ QUIRED - No tourist camp shall -be the orIginal fee. vlded). established, maintained or operated in SECTION 707-For each proposed 35-Stone mill or quarry. any district, nor shall any tent, tent- change of the Ordinance or change of 36-Structural steel or pipe works. house, camp-cottage, house-car, or the Zoning Map as provIded by Section 37-SuJphuric, nitric or hydrochloric trailer, to be used or occupied as a 902 of AI"ticle IX of this Ordinance, acid manufacture. place for living, sleeping or eating, there shall be a fee of twenty-five dol~ 38---Sugar refining. whether charge is or is not made, be lars ($25.00) accompanying the petition. 39-Tar distillation or manufacture. erected! or placed therein, unless au- ARTICLE vm 40--Tar roofing or waterproofing thorized by the Town Board pursuant Board of Appeals manufacture. to the provisions of the Trailer Camp SECTION 800 - The Town Board 41-Tallow, grease or lard manufac- Ordinance dated June 30, 1953. shall appoint a Board of Appeals con- ture. SECTION 601 - AUTOMOBILE sisting of five (5) members as provided 42-Tanning, curing or storage at raw- TRAILER OR HOUSE CAR-Not- by the Town Law. hides or sklns. withstanding any other provisIons SECTION BOI-A-The Board of Ap- 43-Tobacco (chewing) manufacture of this OrdInance, a single auto- peals may, in a specific case after pub- or treatment. mobile trailer or house car may be lic notice and hearing, and subject to 44-Vinegar manufacture. located outside a tourist camp only appropriate conditions and safeguards, 45-Yeast plant. when authorIzed by the Town determine and vary the applIcation at SECTION 501-"C" REAR YARD- Board, and subject to such conditions the regulations herein established in In the "C" Industrial District, if a as may be prescrIbed by the Town harmony with their general purpose bunding is used in whole or in ;part as Board. and intent as follows: a dwelling, there shall be a rear yard SECTION 604-Artlele VI shall not B. VARIANCE POWERS. (MAT- having a minimum depth of fifty (50) be deemed to apply to the temporary '!'ERS OF APPEAL TO THE BOARD feet. or seasonal camp of any unIt at the OF APPEALS). SECTION 502-SIGNS-The pro- Boy Scouts of AmerIca or the Girl Where there are practical d'lflïcul- visions of Article IV, Section 408 of Scouts of America or other such or- ties or unnecessary hardships In the this Ordinance shall apply to signs ganizations under the leadership pro- way of carrying out the strict letter of in a "C" Industrial District. vided by said organizations respectlve~ these regulations, the Board of Appeals SECTION 503-"C" FRONT YARD- Iy. shall have the power to vary or modIfy In the "C" Industrial District, the re- ARTICLE VII the appllcatlon of such regulations so qUired front yard shall be at least Applications and Permits that the spIrit of the Ordinance shall . thirty (30) feet, provided further that 'SECTION 7OG-It shall be the duty be observed, public safety and welfare where property 1s bounded on any side of the Building Inspector, or such per- secured and substantial ,tustice done. by a railroad right-of-way or on a rear son as designated by the Town Board, C. SlPECIM. POWERS AND RULES. line by a ralIroad right-ot-way, there and he Is hereby given the power and (MATTER.S OF ORIGINAL JURIS- shall be a setback along the entire authority to enforce the provisions of DICTION AND BY APPLICATION TO length of such rallroad right-ot-way this Ordinance. THE BOARD OF APPEALS). or :private right-of-way of at least SECTION 701-The Building Inspec- (J) Whenever a use, or the location thirty (30) feet. tor shall require that the application thereof, Is permitted' only if the Board SECTION 504-"C" SIZE OF LOT for a bUilding penult and the aecom- a! Appeals shall approve thereof, the AREA-In the "c" Industrial Dis- panying plot plan shall contaIn all the Board of Appeals may, in a specific trict, no building shall be erected or Information necessary to enable him case and after notIce and pUbllc hear- altered on a lot having an area of to ascertain whether the proposed ing, authorize such permlss1ve use and less than twelve thousand five building complies with the provisions Its location within the district In which hundred (12,500) square teet and a of this Ordinance. this ordinance specifies the permissive & use may be located, subject, however to other emergency apparatu& or by the by proceeding in the following manner: the following: undue concentration or assemblage of SECTION 901-The Town Board by (a) Before such approval shall be persons upon such plot; Resolution adopted at a stated meeting given, the Board of Appeals shall de- (10) Whether the use, or the struc- shall fix the time and place of a public termine:- tures to be used therefor, will cause hearing on the proposed amendment (1) That the use will not prevent an overcrawding of land or undue con- and cause notice thereof to be given the orderly and reasonable use of ad- centration of population; pursuant to the provisions of the Town jacent pro.perties or of properties in (11) Whether the plot area is suf~ Law. The Town Board, before adver- adjacent use districts; ficient, appropriate and adequate for tising for a public hearing, shall in a . (2) That the use wlll not prevent the use and the reasonabl;s.' anticipated written request, instruct the Town the orderly and reasonable use of per- operation and expansion thereof; and Planning Board to prepare an official mitted or legally esta.bUshed uses in (12) Whether the use to be operated report defining the conditions described the district wherein the proposed use iB is unreasonably near to a church, in a petition and determine the area . to be located or of permitted or legally school, theatre, recreational area or so effected with their recommenda- established uses in adjacent use dis- other place of public assembly. tions. tricts; (c) The Board of Appeals shall, in SECTION 902-In case, however, af (3) That the safety, the health, the authorizing such permissive Uses, im- welfare, the comfort, the convenience pose such conditions and safeguards as a protest against such change, signed or the order of the Town w1ll not be it may deem appropriate, necessary or ,by the owners of t~;enty (20) percent adversely affected by the proposed. use desirable to preserve and protect the or more, either of the area of land and its location; and spirit and objectives of this Ordinance. included in such proposed change, or (4) That the use will be in har- (II) When, in its judgment, the pub- of that immediately adjacent thereto, many with and promote the general lie <:onvenience and welfare and justice extending one hundred (100) feet purposes and intent of this Ordinance. wiU be substantially served, and pro- therefrom, or of that directly opposite (b) In making such determination, vided that the legally established or thereto, extending one hundred (100~ the Board of Appeals shall also give permitted use of neighborhood proper- feet from the street frontage of such opposite land, such amendment shall consideration. among other things, ty and adjacent use districts will not not become effective except by the to:- be substantially or permanently in- (1) The character of the exlsting jured, the Board of Appeals may, after favorable vote of at least four (4) and probable development of uses in public notice and hearing and subject members of the Town Board. the district and .the peculiar suitability to appropriate conditions and safe~ SECTION 903-At a public hearing of such district for the location of any guards as outlined, authorize the grantN full opportunity to be heard shall be given to any citizen and all parties in . of such perm.1ssive uses; ing of a perm.1t. interest. (2) The conservation of property (a) Where a district boundary line values and the encouragement of the divides a lot which is proved to the ARTICLE X most appropriate uses of land; satisfaction of the Board 01' Appeals to General Provisions . (3) The effect that the location of have been in single and separate owner~ SECI'ION l000-In a Residential e.nd the propoSed use may have upon the ship at the effective date of this Ordin- Agricultural District where a lot abuts creation of undue increase of vehicular anee, and the total area of which lot on a parkway, the lot shall -be COD- traffic congestion on pUbl1c streets or has not been diminished or increased sidered to front and have a front yard highways; since such date, the less restricted use on the street and also on the parkway (4) The avaüabiUty of adequate and may be adjusted to extend to the and where the building accords with proper public or private facilities for whole or any part of such lot but not this section, a private accessory garage the treatment, removal or discharge more than fifty (50) feet beyond the may be incorporated in the building or of sewage, refuse, or other effluent boundary line of the use district in attached thereto regardless of distance (whether liquid, solid, gaseous or other.. which said lot is located. from streets. wise) th8lt may be caused or created (b) If the less restricted use shall SECTION 1001 - Notwithstanding by or as a result of the use; be extended ten (10) feet or more any other provisions of this Ord1n.. (5) Whether the use, or materials within a residential use distrIct. a ance, all automobile or other junk incidental thereto, or produced there- permanent open space for a rear and yards in existence at the effective by, may give off obnoxious gases, odors, side yard of not less than ten (10) date of this Ordinance shall with.. smoke or soot; feet shall be provided for and main~ in three (3) years from such date (6) Whether the use will cause dis- tamed within the lot area as so ex- provide suitable screening in the turbing emissioWi of electrical dis- tended. Also in such event, if the less form of fencing or hedges complete~ charges, dust, light. vibration or noise; restricted use be extended more than ly around the periphery of the area (7) Whether the operations in pur- ten (10) feet, the said minimum rear used for such purposes, and the type suance of the use Will cause undue and side yards shall be increased by of fencing and hedges shall be sub- interference with the orderly enjoyment one (1) foot for each additional ten ject to the approval of the Board by the pUblic of parking or of recrea- (10) feet of such extension. of Appeals. t10nal facilities, if existing, or if pro.. SECTION 802-The Board of Ap- SECTION 1002 - Notwithstanding posed by the Town or by other com- peals shaU make rules as to the man- any other provisions of this Ordin- . petent Gov-ernmental agency; ner of filing appeals or appncations ance, any sign in existence at the (8) To the necessity for bituminous for special exceptions or variances. effective date of thIs Ordinance surfaced space for purposes of off.. SECTION 803-Upon the filing with which does not conform to the pro- . street parking of vehicles incidental the Board of Appeals of an appeal or visions of this ordinance, shan to the use, and whether such space is of an application for spec1al exception within five (5) years from such reasonably adequate and appropr1Ð.Jte or variance, the Board of Appeals shan date be discontinued unless its con- and can be furnished by the owner fix a time and place for a pubUc hear- tlnuance is authorized as a special of the plot sought to be used within ing thereon and shall give notice there- exception by the Board of Appeals or adjacent to the ,plot wherein the of as foUows: as hereinbefore provided. use shall be had; (a) By pubUsh1ng a notice thereof SECTION lOO3-The Planning Board (9) Whether a hazard to life, 11mb in accordance with the Town Law. shall study the application of this Or~ or property because of fire, flood, ARTICLE IX dinance and shall, from time to time, erosion or panic may be created. by Amendments recommend to the Town Board such reason or as a result of the use, or SECTION 90o-The Town Board changes in the Ordinance and in the by the structures to be used therefor, upon its own motion or by petition boundaries of the various d.1stricts as or by the inaccessibillty of the prop.. may, from time to time, amend, SUpN it shall deem advisable to further pro- eIty or structures thereon for the con- plement, change, modify or repeal this mote the health, safety, morals or the venient entry and operation of fire and Ordinance including the Zoning Map, general welfare of the communlty. 8 SEC'I'ION 1O~a ~ All labor cam!~s where provision is made for the hous- ing and feeding of transient help re- gardlees of the number to bo accom- modated, shall first meet all require- merits of existing law. Farm labor camps on farms shall not be located nearer to any other residence than to the residence of the employer e~cept of Appeals. The location of any o~her labor camp or camps not on farms shall be subjec~ to the approval of the lng Board of Appeals. Public Garage for more than three motor vehicles and no gasoline vending s~alion shall be erected or altered and used. within two hundred (200) feet of any premises used for a public school, public library, church, hospital or or- phanage. be conducted in any district except as Appeals, SECTION 1006--No wall, fence, or other structure and no hedge, tree, shrub or other growth shall be erect- ecl, altered or matuta~ned on any corner lot at any point within twenty (~0) feet from the inter- section at the street lines, which may cause danger to trellis on a street by obecusing the view. SECTION' 1007 -- NO~T-CO~q~'~OR~- LNG US~:~--Uhiess otherwise thorized as a epeclal exception by the Board of Appeals as hereinbe- tore provided, the tallowing pro- ~sious shall apply to non..ocn- (al The lawful use of a building or premises existing on the effoc- tire date of this Ordinance, or au- thorised by a building pern~At issued prior thereto, may be continued although such use does not con- form With the provisions of this Ordinance and such use may be ex- tended throughout the bulldtug law- fully acquired prior to said date. (b) A non-conforming use of a ,building or premises may be chang- ed to a use of the same or higher claesl~lcatian accord~ to the pro- visions of this Ordinance, (c) V~henever a district shall hereafter ~be change~, any then isling non-con.forming use of a bufldtng or premises in such chang- ed district may be continued or changed to a use of a clmtlar or other regulations governing the new use are complied With. (d) Whenever a non-ear, forming use of · building or premises has been ~iecontinued for a period of more than two (2) yezrs, or changed to a higher elassifleatisn, or to a conforraing use, anything tu this Section to the contrary ~otwith- standing, the non-eo~.forming use of therefor shall have been granted by the Board of Appeals es lieretu- before proVided. (el A non-conforn~ing building may not be reconstructed or strut- rurally altered during tto life to an iorm~ng use. (fl A non-coD.form~g ,building whicli has been d~maged by fire or the Town of Soushold except upon the approval of the Board of Town Trus- petent ~urisdiction ~o be invalid, such preting and applying the provisions of promotion of the liealth, safety, morals is not hitended by this Ordinance to ,terfere with or abrogate or annul any Town Building Code, or any rules and regulations adopted or Issued there* under, or the rules and regulations of the Department of Health of the Coun~ ty of Suffolk, and not in conflict With any of the provisions of tills Ordhi~ ante; PROVIDED, however, that restriction upon the use of buildings or than are imposed or required by eacl~ Ordinance, rules and regulations, the provisions of this Ordinance shall con~ trol. SECTION 1011--REMEDIES~In case any building or structure ls erected, constructed, reconstructed, altered, re~ any building, structure or lanai is used in violation of thts Ordinance, or of In addition to other remedies provided by law, any appropriate action or pro~ ceeding whether by legal process or otherwise, may ~e instituted, or taken to prevent such unlawful erection, con~ struction, reconstruction, alteration, re~ tton, to prevent the occupancy of said building, structure or land or to pre~ vent any illegal act, conduct, business or use in or about such premises. visions of this Ordinance, the owner. general agent, or contractor of a build~ tug or premises, where such violations have been committed or shall exist, and the general agent, urcbltect, build- knowingly commits, takes part or stets in any such violation or who Section D, Map by O. W. Van Tuyl, March 24, 1926; and Amended Map~ (1~) ~dt Lake Village, l~attituck, N. Y., Map by O. W. Van Tuyl, July SMITH, TASKER, FINKELSTEIN AND LUNDBERG ATTOI~I~]~YS AND COUNSELORS AT ~ 425 MAIN STREET September 13, 1963 Hon. Albert W. Richmond Southold Town Clerk Southold, New York Dear Sir: I return to you herewith a file from your office entitled "Zoning Papers" and con- taining the following papers: (1) Copy of resolution of Town Board providing for a public hearing on proposed building zone ordinance to be held on August 31, 1956. (2) Report of Southold Town Zoning Commission to the Supervisor and Town Board dated August 3, 1956, which is the final report of the Zoning Commission consisting of three pages. (3) Affidavit of RaIph P. Booth, Town Clerk, sworn to April 11, 1957, stating that the Building Zone Ordinance was posted together with the map on the signboard maintained by the Town Clerk on the llth day of April, 1957. (4) Affidavit of publication of F. Langton Corwin sworn to the 20th day of July, 1956, relative to notice of public hearing of Southold Town Zoning Commission. (5) Affidavit of publication of Fred C. Hawkins, Publisher of Long Island Traveler - Mattituck Watchman sworn to July 20, 1956, concerning publication of notice of hearing of Zoning Commission. (6) Letter from Southold Town Zoning Commission dated July I1, 1956, to Town Clerk enclosing the preliminary report of the Zoning Commission, consisting of three pages. (7) Affidavit of publication of Barnard L. Colby, Assistant General Manager of "The Day" sworn to the 24th day of August, 1956 concerning the pub- lication of notice of hearing of Southold Town Board on the proposed zoning ordinance which hearing to be held on the 31st day of August, 1956 (2 cop[es of said affidavit). GRI~FING. SMITH, TASKER AND LUNDBEHG Page 2 (8) Affidavit of publication of Frederick C. Hawkins, Owner and Publisher of the Long Island Traveler - Mattituck Watchman sworn to the 31st day of August, 1956, relative to publication of notice of hearing of the Town Board on proposed zoning ordinance which notice was published once a week for three weeks commencing on August 16, 1956. (9) Affidavit of F. Langton Corwin, Printer and Publisher of the Suffolk Times sworn to the 31st day of August, 1956, relative to publication of notice of hearing of the Town Board on proposed zoning ordinance which affidavit states such notice was published once in each week for three weeks successively commencing on the 17th day of August, 1956. (10) Affidavit of Frederick C. Hawkins, Owner and Publisher of the Long Island Traveler - Mattituck Watchman sworn to the 31st day of August, 1956, relative to publication of notice of hearing of the Town Board on proposed zoning ordinance adoption which states that said notice was published once each week for three successive weeks commencing on August 16, 1956. (11) Affidavit of Frederick C. Hawkins, Owner and Publisher of the Long Island Traveler - Mattituck Watchman sworn to the 17th day of April, 1957, relative to publication of notice of adoption of zoning ordinance which affidavit states that said notice of adoption was printed once in each week for one week commencing on April I1, 1957. (12) Minutes of public hearing of the Town Board of the Town of SouthoId, New York, dated August 31, 1956, consisting of 74 pages. In order that I may have a record for my files, will you please acknowledge receipt of the above mentioned instruments by signing and returning to me the enclosed extra copy of this letter. Yours very trul.~ ~ ROBERT W. TASKER RWT:MY Enclosures