HomeMy WebLinkAboutCross Sound Ferry Rev Site plan (2)ImY_R:5On,
RESEARCH ASSOCIATES, INC.
ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS
RICHARD ERIK WARREN. AICP
Pres~m
DELIVERED BY HAND
June 9, 2000
Mr. Bennett Orlowski, Chairman
Southold Planning Board
53095 Main Road
P.O. Box 1179
Southold, New York 11971
RE: CROSS SOUND FERRY SERVICES. INC. - REVISED SITE PLAN
DearMr. Orlowski:
Enclosed please find Nine (9) copies of a revised conceptual site plan prepared by Inter-
Science Research Asseciates, Inc. dated May 22, 2000 for the properties owned by Cross
Sound Ferry Services, Inc., lecated in Orient, New York. This revised conceptual site plan
is being submitted pursuant to on-going discussions with the Town and provides the details
for improvements sought by the property owner for the utilization of their property for
assisted parking. To assist in your review, in addition to the revised site plans, I am
enclosing the following:
Nine copies of a revised Environmental Assessment Form, Part 1
reflecting the work proposed on the enclosed site plan;
Nine copies of a legal memorandum prepared by Esseks, Heifer &
Angel which provides affidavits and support for the historical pre-
existing non-conforming use on the Snack Bar Parcel;
Nine copies of a letter response from Mt. William Daiey of the NYS
Dept. of Environmental Conservation dated April 12, 2000 regarding
parking and the Coastal Erosion Hazard Area line.
The purpose of this submission is to seek consensus between the owners and the Planning
Board on the design elements proposed for the site prior to completion of a formal
engineered site plan, ultimately to be prepared by John J. Raynor, P.E., L.S., P.C.. It is
hoped that the Planning Board will review the material provided, and will schedule a public
hearing on this matter to listen to public opinion, and allow the matter to move forward in
a manner as described more fully below.
POST OFFICE BOX 1201 · 36 NUGENT STREET · SOUTHAMPTON. NEW YORK I 1969-1201 · 516-283-59S8 · FAX: 516-283-5974
The plan submitted herewith seeks formal site plan approval for specific improvements at
the Cross Sound Ferry Services, Inc. Suaek Bar property, which would essentially recognize
the pre-existing non-confomaing parking at the Snack Bar Parcel. Cross Sound Ferry
Services Inc. also seeks to increase the number of parking spaces on the West Pared, from
the 69 vehicles approved in the Town's 1995 approval of the West Parcel, to 93 spaces as
shown on the enclosed drawing. Not withstanding prior nonconforming uses, the owners
propose and seek approval for the following site improvements at the Orient Point facility:
Improve the Vegetative Buffer. Cross Sound will evaluate the
existing vegetative buffer located around the perimeter of the Snack
Bar parcel. Where gaps in the existing vegetation exist, additional
native coastal plantings would be installed. Where existing vegetation
exists, the buffers would be evaluated and enhanced as necessary to
provide a cohesive/continuous buffer around the perimeter of the
parking area. A draft planing plan will be prepared and submitted to
the Planning Board for review and approval prior to implementation.
Install Curb Stops. Cross Soundwill install curb stops (consisting of
either railroad ties or pilings, etc.) around the perimeter of the gravel
parking surface. The curb stops will function to delineate the overall
parking area, and will protect the proposed planting from encroachment
by vehicles.
Grade and Apply Stone/Gravel to Parking Area. The parking
surface within the curb stops will be graded to eliminate depressions
and pot holes. A gravel/stone surface will be installed.
Install Low Intensity Safety Lighting. Cross Sound will install low
intensity safety lighting within the parking area for the safety of
travelers. All lighting would be on a timer, which would shut off a
prescribed period (say, one-half hour) from the arrival of the last ferry
for the evening.
Provide Cross Walk. A painted cross walk would be installed from
the parking area on the Snack Bar parcel to the Terminal building for
traveler safety.
Expansion of Parking on West Parcel. Increase the number of
parking spaces on the West Parcel from 69 spaces as approved in the
1995 site plan, to 93 spaces as shown on the conceptual plans submitted
herewith. All parking is either reconfigured within the boundaries of
the pre-existing parking lot, or conforms to the current parking
requirements of the Town.
INTE II CE
Cross Sound Ferry Services, Inc. intends as part of this proposal to provide the following
operational improvements at the Orient site:
Provide Parking Attendant. Cross Sound Ferry Services Inc. would
provide at least one parking attendant during all peak parking times
(summer and holiday weekends), to assist as necessary travelers to get
their vehicle out of the parking lot The attendant will remain at the site
for at least one-half hour after the arrival of the last ferry of the
evening.
Consider Reservation System. Cross Sound will consider establishing
a system for the reservation of parking for travelers using the high
speed service, to allow for advance notice of the need for parking and
allow for daily planning of on-site parking.
In addition to the above proposed improvements, in an effort to build a spirit of cooperation
in order to resolve this matter, Cross Sound Ferry Services Inc. intends to continue the
following efforts for the long-term operation of the facility, and ask that the Town assist in
those efforts:
Cross Sound Ferry Services, Inc. will continue to investigate other areas
for parking outside of the Orient area.
Cross Sound Ferry Services Inc. will continue to investigate bus/rail
links and potential to establish parking outside of Orient with mass
transit transportation modes.
Cross Sound Ferry Services, Inc. will continue to investigate out of area
ferry landing sites to augment ferry traffic to Long Island.
Cross Sound Ferry Services Inc. will pursue with the NYS Dept. of
Transportation the re-arrangement of the terminus of Route 25 as an
integrated plan with the ferry terminal properties and coordinate such
improvements with the Town of Southold.
INTE CE
Lastly, it is expected that following the review of this matter by the Planning Board, but prior
to the receipt of authorization to commence this work, Cross Sound Ferry services Inc. will
provide to the Planning Board the following documents:
Formal engineered site plans prepared by a licenced engineer/surveyor;
Details of the proposed safety lighting; and
Landscape Plan providing details of plantings proposed.
I trust that if you have any questions or require additional information, you will not hesitate
to contact me.
REW:dee
Very truly yom's,
Richard E. Warren, AICP
President
Mr. Adam Wronowski, Cross Sound Ferry Services, Inc.
Eugene D. Gulland, Esq., Covington & Burling
William W. Esseks, Esq., Esseks, Hefter & Angel
INTE IENCEI
PART 1.-PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered
as part of the application for approval and may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION
Revised Site Plan - Cross Sound Ferry Services, Inc.
LOCATION OF ACTION (Include Street Adclre~a, Mun/olpalay incl ~ounty)
Orient. Town of Southold, Suffolk County
NAME OF APPLICANT/~PON~Ofl
Cross Sound Ferry Services, Inc.
ADDRESS
PO Box 33
CITY/PO
New London,
NAME OF OWNER (It dlffment)
Same as above
ADDRESS
BUEINESS TELEPHONE
(860) 443-7394
t STATE ZiP CODE
CT 06320
BUSINESS TELEPHONE
( )
CITYIPO
DESCRIPTION OF ACTION
STATE ZIP CODE
Please refer to attached narrative.
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall proiect, both developed and undeveloped areas.
1. Present land use: nUrban I-Ilndustrial
r'lForest []Agriculture
4.06
2. Total acreage of project area:
APPROXIMATE ACREACE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads. buildings and other paved surfaces
Other (indicate type)
3. What is predominant soil type(s) on project site?
[~ommercial nResidential (suburban} r-IRural (non-farm)
nother
acms. (176,935 s.f.)
PRESENTLY AFTER COMPLETION
17,685 s-f .acres 12,685 s.f.acres
0 acres 0 acres
n acres r~ acres
n acres n acres
0 acres 0 acres
~06.194 s,f. acres 111,194 s.f.acres
53,0,56 acres ~3. n~a acres
(~ acres 0 acres
Fd (Fill Land, Dredged material)
a. Soil drainage: ~Well drained 95 % of site nModeratel¥ well drained % of site
eqPoorly drained 5 °4 of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS
Land Classification System? acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? []-lyes IONo
a. What is depth to bedrock? (in feet)
2
5. Approximate percentage of proposed project site with slopes: ~0-10% 100 % i-110-15% %
[-115% or greater
6. Is project substantially contiguou..s to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? []Yes r-INo
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? DYes DNo
8. What is the depth of the water table? 7.8(in feet)
9. Is site located over a primary, principal, or sole source aquifer? [~Yes DNo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? i'lYes ~No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
DYes DNo According to Refer to attached Narrative
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
I-lYes [:]No Describe Refer to attached narrative
13. Is the project site presently used by the communiW or neighborhood as an open space or recreation area?
r-lyes g~lo If yes, explain
14. Does the present site include scenic views known to be important to the communi~? [~[Yes r-INo
Not applicable
15. Streams within or contiguous to proiect area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name Gardiners Bay
17. Is the site served by existing public utilities? [~t~es r'lNo
a) If Yes, does sufficient capacity exist to allow connection?
b) If Yes, will improvements be necessary to allow connection?
b. Size (In acres)
CINo
DNo
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? i-lyes ~No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 II'Yes r'lNo
20. Has the site ever been used for the disposal of solid or hazardous wastes? r-lyes
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 6.,53
b. Project acreage to be developed: 4.06 acres initially;
c. Project acreage to remain undeveloped 2.47 acres.
d. Length of project, in miles: N.A. (If appropriate)
e. If the project is an expansion, indicate percent of exoansion proposed
f. Number of off-street parking spaces existino ~aerfre~rt~:~.e
g. Maximum vehicular trips generated per hour' N.A ....
h. If residential: Number and type of housing units:
One Family Two Family
Initially N.A. N.A.
Ultimately
i. Dimensions (in feet) of largest proposed structure ~1.A. height;
j. Linear feet of frontage along a public thoroughfare project will occupy is?
acres.
acres ultimately.
34 %;24 Additional # of
· proposed . parked cars on west
(upon completion of proiect).~arcel (from 69~o 93)
Multiple Family Condominium
N.A N.A.
width; length.
!,lRRft
2. How much natural material (i.e., rock, earth, etc. I will be removed from the site? 0
3. Will disturbed areas be reclaimed? I-lYes ViNo [~N/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? DYes i-INo
c. Will upper subsoil be stockpiled for reclamation? ClYes
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 5,000e.g. acres.
on ~es~..parcel
5. Will any mature forest (over 100 years old} or other locally-important vegetation be removed By mis projectr
I-iYes ~No
6. If single phase project: Anticipated period of construction 4 Days months, (including demolition).
7. If multi-phased:
N.A.
a. Total number of phases anticipated
b. Anticipated date of commencement phase 1
c. Approximate completion date of final phase
d. Is phase I functionally dependent on subsequent phases?
8. Will blasting occur during construction? r'lyes
9. Number of jobs generated: during construction
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities?
(number),
N.A. month
N.A
month
D-lYes r-INo
tons/cubic yards
year, (including demolition).
year.
; after project is complete 0
V1yes .,~ o If yes, explain
12. Is surface liquid waste disposal involved? i-JYes ~;~No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? ~Yes I-INo Type
14. Will surface area of an existing water body increase or decrease by proposal?
Explain No Chang~
15. Is project or any portion of project located in a 100 year flood plain? ~{~Yes
16. Will the project generate solid waste? ~'es i-INo
a. If yes, what is the amount per month 1/4 tons
b. If yes, will an existing solid waste facility be used? X~Yes r'lNo
c. If yes, give name $outhold land£ill/tranefer eta;,, location
d. Will any wastes not go into a sewage disPOsal system or into a sanitary landfill?
e. If Yes, explain
~Jtary of flucat
I"lYes ViNo
FINo
Cutchogue, Town of Southold
D-lYes
17. Will the project involve the disposal of solid waste? D'lYes
a. If yes, what is the anticipated rate of disPOsal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? I-lyes
19. Will project routinely produce odors (mom than one hour per day)? i-lYes ~o
20. Will project produce operating noise exceeding the local ambient noise levels? f-lyes ~No
21. Will project result in an increase in energy use? l[~es r-INo
If yes , indicate type(s) H'Innr -incr~a.~e from prooosed use of low intensity ~aft'¥ ] 'i~hr'lrt~.
22. If water supply is from wells, indicate pumping capacity unknown gallons/minute.
23. Total anticipated water usage per day gallons/day. Design flow - 2,950 gal/day - terminal
and snack bar.
24. Does project involve Local, State or Federal funding? i-lYes ~3blo
If Yes, explain
25. Approvals Required:
City, ?own, Vi!lage Board OYes :~No
City, Town, Village Planning Board :~Yes OHo
City, Town Zoning Board [:]Yes ~[~No
City, County Health Department I-lyes
Other Local Agencies J~Yes
Other Regional Agencies OYes :~o
State Agencies r'lyes ::~,No
Federal Agencies OYes ~1o
C. Zoning and Planning Information
Type
Site Plan
Submittal
Date
1. Does proposed action involve a planning or zoning decision? :[~:Yes
If Yes, indicate decision required:
Ozoning amendment [:]zoning variance I-Ispecial use permit Osubdivision [:~Lflte plan
Onew/revision of master plan Oresource management plan r-lother
2, What is the zoning classification(s)of the site? MII (Marine II)
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
Building area - 53,056 s.f. (30%) coverage)
4. What is the proposed zoning of the site? N.A.
S. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
NoAo
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? j~LYes r-rNo
7 What are the predominant land use(s) and zoning classifications within a ',~ mile radius of proposed action?
MII, R-80, R-40, commercial, residential, ~ransportaiton, open speee
8. Is the proposed action compatible with adjoiningJsurrounding land uses within a % mile? ~'es [:]No
9. If the proposed action is the subdivision of land, how many lots are proposed? N.A.
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fi~.~ protection)? OYes reno
a. If yes, is existing capacity sufficient to handle projected demand? OYes i-iNo
12. Will the proposed action result in the generation of traffic significantly above present levels? OYes I~No
a. if yes, is the existing road network adequate to handle the additional traffic? [DYes I-INo
D. Informational Detalia
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.
E. Verifioation
I certify that the information provided above is true to the best of my knowledge.
,vv~ Agent
~Wp~e~ mame Inter-Science Research Associates, Inc. for Date 6/00
Cross Sound Ferry Service~fit~enC.
Signature
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
'bith this assessment.
5
PROJECT NARRATIVE
for the
Full Environmental Assessment Form (Part I)
as part of the
REVISED PROPOSED SITE PLAN APPLICATION FOR
Cross Sound Ferry Services, Inc.
Orient, Town of Southold
Suffolk County, New York
Submitted To:
Town of Southold Planning Board
Town Hall
Main Road, P.O. Box 1179
Southold, New York 11971
Prepared For:
Cross Sound Ferry Services, Inc
c/o Esseks, Hefter & Angel, P.C.
108 East Main Street
Riverhead, NY 11901
Prepared By:
Inter-Science Reaearch Associates, Inc.
Planning & Development Consultants
36 Nugent Street, P.O. Box 1201
Southampton, New York 11969-1201
Date Prepared:
June, 2000
I. DESCRIPTION OF THE REVISED PROPOSED ACTION.
Cross Sound Ferry Services, Inc. requests site plan approval fi.om the Southold Town Planning
Board for the existing and on-going operations currently occurring at the project site. In addition,
the enclosed site plan, prepared by Inter-Science Research Associates, Inc. dated May 22, 2000,
includes the following:
A. SNACK BAR PARCEL.
Continued Existin~ Parkin~ on the Snack Bar Parcel.
The continuance of pre-existing non-conforming parking on the Snack Bar Parcel will
be maintained;
Prooosed Improvement of Veeetafive Buffer.
Cross Sound will evaluate the existing vegetative buffer located around the perimeter
of the Snack Bar parcel. Where gaps in the existing vegetation exist, additional native
coastal plantings will be installed. Where no gaps exist, the existing vegetation will be
evaluated and enhanced as necessary to provide a cohesive/continuous buffer around
the perimeter of the parking area. A draft planting plan will be prepared and submitted
to the Planning Board for review and approval prior to implementation;
Prooosed Re-Grading and Application of Stone/Gravel to Snack Bar Parkin~ Area.
To eliminate the ponding of water during significant nfmfall and reduce thc number of
existing potholes, the Snack Bar parking surface will be re-graded and surfaced with
clean stone/gravel;
Prooosed Installation of Curb Stops.
Cross Sound will install curb stops (consisting of either railroad ties, pilings, etc.)
around the perimeter of the gravel parking surface. The curb stops will function to
delineate the overall parking area, and protect the proposed plantings from
encroachment by vehicles;
Provosed Installation of Low Intensiix Safety Lighting.
For the safety of their travelers, Cro~ Sound will install low intensity safety lighting
within the Snack Bar parking area. All such lighting will be operated by a timer,
allowing the lights to automatically shut offafter the prescribed period (ie. one half-
hour after the arrival of the last ferry for each business day); and
Prooosed Cross Walk.
For traveler safety, a cross walk is proposed to be painted across Route 25, between the
Snack Bar parcel and the Terminal parcel.
B. WEST PARCEL.
Provosed Exnansion of Parkin~ on the West Parcel.
A proposed increase in the number of parking spaces un the West Parcel, from 69
vehicles (as approved by the Planning Board in 1995) to 93 vehicles. All parking on
said parcel would bc either re-confignred within the boundaries of the pre-existing
parking lot, or conforms to the current parking requirements of thc Town;
In addition to the above mentioned items and practices, Cross Sound Ferry Services, Inc., also
proposes the following operational improvements to the entire Orient site:
Provide Parkine Attendant.
Cross Sound Ferry Services, Inc. would provide at least one parking attendant during peak parking
periods (summer and holiday weekends), to assist travelers with vehicular parking and access. The
attendant will remain at the site for at least one half hour after the arrival of the last ferry for the business
day.
Consideration of Parkiw, Reservation System.
Cross Sound Ferry Services, Inc. will consider establishing a parking reservation system for travelers
using the high speed transportation service. Such a system would provide advance notice of the parking
demand which could, in mm, allow for more efficient use of the space available for on-site parking.
Furthermore, in an effort to demonstrate a spirit of cooperation with local residents and
municipalities, Cross Sound Ferry Services, Inc. will continue with the following actions as part of
the long-term operation of the subject facility:
Cross Sound Ferry Services, Inc. will continue to investigate/search for other feasible
parking areas located outside of the Orient area;
· Cross Sound Ferry Services, Inc. will continue to investigate potential bus/mil links and the
feasability of establishing mass transit to the ferry terminal.
Cross Sound Ferry Services, Inc. will continue to search for and investigate alternative ferry
sites;
Cross Sound Ferry Services, Inc., in concert with the NYS Dept. of Transportation and the
Town of Southold, will pursue the re-arrangement of the eastern terminus of Route 25 in
effort to better integrate the roadway with Cross Sound property and operating practices.
II. NATURAL RESOURCES - AN INVENTOR YAND .4NAL YSIS OF THE PROJECT SITE'S
PRINCIPAL NATURAL RES O UR CES.
Based upon site inspections and an analysis of in-house literature/published documents, the
following natural resources are considered to be the most relevant with respect to their relationship
to the project site, the existing operation and the submitted proposed site plan:
A. Surface Soils/Topography;
B. Groundwater;
C. Surface Water;
D. Drainage;
E. Vegetation;
F. Wildlife; and
G. Wetlands.
-3-
For the convenience of the reviewer, each of the listed resources will be discussed separately. The
following text is organized so that each resomce is individually inventoried and analyzed with
respect to (1) its existing condition and (2) how the resource has been, and may continue to be,
impacted by the current operation and the submitted proposed site plan, dated May 22, 2000,
prepared by Inter-Science Research Associates, Inc.
A. SURFACE SOILS AND TOPOGRAPHY.
(1) Surface Soils &Topographv: Existine Condition.
The predominant surface soil type found on the project site is somewhat typical for disturbed
waterfront areas. As shown on the Soils Maps emulated by the U.S. Department of Agriculture Soil
Conservation Service, almost 100 percent of the surface soil occupying the project site is "Fill Land,
Dredged Material" (Fd). The other soil associations found on the project site, Beaches (Be) and
Haven Loam (HaA) appear to occupy less than 10% of the subject property,
In concert with information provided by the USDA Soil Conservation Service, the characteristics
of the 3 surface soils found on the project site are described as follows:
FILL LAND, DREDGED MATERIAL (Fd).
Fill land/dredged material is made up of areas that have been filled with material
from hydraulic or mechanical dredging operations. These operations are used mainly
to widen or deepen boat channels in salt water; however, some dredged material has
been obtained from new channels cut into tidal marshes. Most of the dredged
material is pumped onto tidal marshes. Smaller amounts are placed on beaches and
dunes. Fill land/dredged material is not suited for fanning. Areas are satisfactory for
building sites where ~e fill is adequate and if the highly compressible organic layers
in the tidal marshes are removed oriorto filling. (USDA, 1975; emphasis added).
BEACHES (Be).
Beaches are made up of sandy, gravelly or cobbley areas between water at mean sea
level and dunes or escarpments. Slope is nearly level in most areas but it is as much
as 15 percent in some places on the Atlantic shore. In most places beaches on the
bays are sandy, but varying amounts of gravel are mixed with the sand. Beach areas
are not suited to farming. Measures should be taken to control erosion to keep the
beach wide enough to protect the nearby dunes or uplands (USDA, 1975).
HAVEN LOAM, 0 TO 2 PERCENT SLOPES (Ha/k). This soil type consists of deep,
well-drained, medium-textured soils that formed in a loamy or silty mantle over
stratified coarse sand and gravel. Haven soils have high to moderate available
moisture capacity. The hazard of erosion is slight on this Haven soil. Primary
management concerns are keeping the soil from crusting after rain, maintaining filth,
and reducing the plowpan. This soil is used extensively for crops, and it is well
suited to all crops commonly grown in the county. Potatoes are the main crop, but
cauliflower, cabbage, eom, onion and sod crops are also grown. Because of the
nearly level slope and ease of excavati~a, most areas of this soil in the western part
of the county are being used for housing developments and industrial parks (USDA,
1975).
The origin of the surface soil (apparent dredge spoil) as well as the agricultural activity account for
the even grade of the project site and surrounding area. Topographic elevations on the project site
range from approximately 4.5 feet to 10 feet (above mean sea level; AMSL). A long and narrow
bank of steeply sloping land (up to 50% slope) is located along the western property line of the
Terminal Parcel. With the exception of the long bank, it is reasonable to describe the project site as
being relatively fiat with gentle slopes less than 10%. in grade
(2) Surface Soils & Topography: Relationship to the Current Operation and
the Proposed Site Plan.
Based upon comparing soil maps with current air photos, it appears that approximately 95% of the
project sponsor's infrastructure (ie. existing parking areas, staging areas, access roads, buildings,
etc.) is located on surface soil classified as Fill Land/Dredged Material (Fd). Thc remaining 5% is
occupied by the auto loading area and the northwestern enrner of the snack bar parking lot, which
appears to be located over Beach (Be) and Haven Loam (HaA), respectively. Submitted drawings
and air photos indicate that approximately 25% of the project site has been paved for the purposes
of vehicle staging and loading. All such paving is located on the project site's Terminal Parcel
(occupied by surface soil Fd). Approximately 60% of the existing project site is occupied by
unpaved dirt parking areas. 10% of the site appears to be vegetated. Structures (such as the
terminal, snack bar and residence) occupy the t~'maining 5% of the sites surface soils.
The proposed site plan will result in the placement of clean loose gravel/rock over the existing dirt
parking area on the Snack Bar Parcel. Approximately 51,000 s.f. of exposed soil (mostly Fill
Land/Dredge Material) will be covered by such action. The proposed parking of 2,1 additional
vehicles on the West Parcel should not significantly effect the already compacted and graded soil and
lawn area located in the proximity of the existing building (house). Given that (1) all three identified
on-site surface soils possess structural qualities that make them suitable to support the development
that currently exists on the project site and that (2) Fill Land/Dredged Material (Fd) is not considered
be a soil type deserving special protection (unlike prime farming soils), it appears that the both the
existing operation and the proposed site plan are compatible with the identified surface soils.
The project sites history includes a significant amount of agricultural activity. Understanding that
agricultural fields are generally level, it is assumed that the project sponsor engaged in minimal
grading for the construction of the existing facility, specifically the parking and staging areas.
Consequently, it is believed that the topography of the site has changed very little from its
agricultural period. No significant changes to the sites topography are anticipated with the approval
of the proposed site plan.
B. GROUNDWATER.
(1) Groundwater: Existing Condition.
In an effort to determine the groundwater elevation below, and in the vicinity of, the project site, a
test hole was dug by McDonald GeoScience on July 7, 1997. The test hole was located
approximately 150' to the east of the existing snack bar structure and provided the following
information (beginning on the next page):
TEST HOLE (14' deep)
Approximate Surface Elevation: 10.33'
Brown Silty Loam
Pale Brown Loamy Silt
Brown Fine to Coarse Snnd
Water in Fine to Coarse Sand
10.33' to 9.33' (1.0' thickness)
9.33' to 6.83' (2.5' thickness)
6.83' to 2.53' (4.3' thickness)
2.53' - to at least - 3.67'
As per the test hole data, the groundwater elevation for the project site and the vicinity is
approximately 2.53' (or 7.8' below the soil surface at this specific location). In-house investigation
concluded that over a ten hour period the tidal cycle had little to no influence over the groundwater
elevation.
Test results have concluded that the groundwater from the well used by the Snack Bar meets the
recommended water quality standards for the parameters tested. In comparison, test results have
concluded that the groundwater fi.om the well used by the terminal building meets all of the water
quality standards with the exception of Triehloroethane (recorded at I 1 ppb, exceeding the 5 ppb
standard by 6 ppb). As a result of the presence of this compound, the Terminal building uses an
alternative source for its drinking water.
(2) Groundwater - Relationship to the Current Operation and the Proposed Site Plan.
The groundwater below the project site is partially a product of the rainwater, runoff and sanitary
waste that percolates throughout the project site's soil horizon. Approximately 85% of the existing
project site is used for the parking and staging of vehicles. Less than one third of the parking/staging
areas is paved, therefore most to the rainwater landing on the site percolates naturally and slowly
through the soil horizon. Conversely, stormwater collected via on-site existing drainage structures
(ie. french drains) tend to expedite percolation through the soil horizon. However, regardless of how
the parking area water is collected and/or how it percolates through the soil, the National Urban
RunoffStudy (NURP) has documented that most of the contaminants found in parking area runoff
are attenuated via soil filtration and do not significantly impact groundwater quality. Furthermore,
and with respect to the excessive presence of Triehloroethane in the Terminal buildings well water,
it should be noted that the origin of such a compound is typically fi.om the excessive use of
pesticides. Therefore, given the agricultural history of the site and surrounding area, without further
study, it would not fair to assume that the current operation is responsible for the excessive presence
of Trichloroethane.
Other than sanitary waste, the current operation does not really generate any by-product that may
effect the quality of groundwater. Based upon engineering reports, the sanitary systems used in
existing operation are the following:
Terminal Parcel
Sanitary System Components . Twelve leaching pools (each 10' dia. x 5' deep);
One 5,000 gal. septic tank (10 dia. x 6' liquid depth)
Capacity of the Existing
Sanitary System .............. 2,500 gal./day
Snack Bar Parcel
Sanitary System Components ... Five leaching pools (10' dia. x 2' deep);
One 900 gal. septic tank
Capacity of the Existing
Sanitary System .............. 450 gal ./day
All indications are that the above systems are functioning properly and are capable of handling the
volume of waste generated with minimal impact to groundwater. The proposed site plan will
increase the area of on-site parking by approximately 8,000 s.f. (West Parcel). The clean
gravel/stone parking surface proposed for the Snack Bar Parcel would continue to allow water to
percolate into the soil horizon without significant changes to the existing condition. Therefore, it
is believed that the implementation of the proposed site plan should not result in any significant
increase in the volume of waste currently generated or result in any significant changes to the quality
of groundwater.
C. SURFACE WATER.
(1) Surface Water - Existing Condition.
The project site fronts Gardiners Bay, a large body of saltwater open to the waters of the Atlantic,
Long Island Sound and Block Island Sound. There are no freshwater surface waters in the
immediate vicinity of the project site.
The NYSDEC has classified Gardiners Bay in its surrounding water bodies (ie. Plum Gut, Long
Island Sound, Hallocks Bay and Orient Harbor) as "SA" - meaning that the best usage of these
waters would be shellfishing for market purposes, primary and secondary contact recreation and
fishing. All of these waters would be suitable for fish propagation and survival.
Consistent with the NYSDEC's targeted usage for these waters, through water samples, the Suffolk
County Department of Health Services has concluded that Gardiners Bay, Orient Harbor and Plum
Gut contain good water quality.
(2) Surface Water - Relationship to the Current Operation and the Proposed Site Plan.
Watercraft have been transporting passengers, vehicles and/or assorted cargo from the project site
to Connecticut since the late 1700's. Vehicular carrier service to New London, CT was introduced
in the early 1930, however, interest did not significantly rise until approximately 1948 - as
automobiles became more affordable and popular. As the interest in vehicular carder service
increased, so did the size of the vessels used to transport them. Large vessels, comparable in size
to those in use today, have been operating from the project site for approximately 50 years. No part
of the current operation involves the discharge of liquid waste, solid waste and/or surface water
runoffinto Gardiners Bay. Given that tests routinely conclude that Gardiners Bay has high water
quality and the fact that large vessels have been transporting vehicles, passengers and cargo from this
site for the past 50 years, it seems reasonable to conclude that the relationship between both the
current operation and the proposed site plan are compatible with, and pose no significant threat to,
the quality of the existing surface water.
D. DRAINAGE.
(1) Drainage - Existine Condition.
In general, the on-site drainage is a product of the relatively level topography of the area and the
site's surface material. Given that approximately 70% of the site is basically fiat and unsurfaced,
stonnwater runoff is minimized since a large percentage of rainwater simply percolates naturally
through the soil horizon. However, in some areas of the project site, such as the unsurfaced snack
bar parking area (where the soil has become hard and compacted), percolation can not keep up with
thc volume of rainwater generated by severe storm events. Consequently, at this specific on-site
location, occasional ponding does occur. Other than the snack bar parking area, thc project site
employs at least 5 french drainage basins to collect stormwater primafilly generated from the
Terminal Parcel's paved surface area and thc West Parcel's unsurfaced parking area.
(2) Drainage - Relationship to the Current Operation and the Proposed Site Plan.
Although on-site ponding does occasionally occur during and after severe storm events, it does not
appear that drainage is a particularly problematic issue with respect to the current operation end the
existing natural resources. Stormwater has not been observed flowing into or near the adjacent water
body. None the less, the proposed re-grading and surfacing of the Snack Bar parking area with clean,
loose gravel/stone should facilitate stormwater recharge and be considered an improvement to the
site's existing drainage patterns. Related discussion on this issue is contained in the preceding
sections of this narrative tiffed "Groundwater - Existing Condition" and "Groundwater -
Relationship to the Current Operation and Proposed Site Plan".
E. VEGETATION.
(1) Vegetation - Existing Condition.
Parking and staging of vehicles dominate the project site. Consequently, approximately only 10%
of the project site supports vegetation (located mostly along the sites buffer/perimeter). Based upon
site inspections, those areas which are vegetated, are dominated by non-native "weedy" type species.
The following list outlines the principal species of vegetatiun found on the project site:
Scientific Name Common Name
Acer platanoides .................... Norway Maple*
Ambrosia artemisiifolia ............... Ragweed
Artemisia vulgaris ................... Mugwort*
Celastms Orbiculata .................. Oriental Bittersweet*
Junipems virginiana .................. Eastern Red Cedar
Lonicera sp ......................... Honeysuckle*
Moms mbra ........................ Red Mulberry
Pinus thunbergii ..................... Japanese Black Pine*
Prunus serotina ...................... Black Cherty
Rosa Carolina ....................... Pasture Rose
Sedge, Grass, Rush .................. Assorted Grasses
Solidago sp ......................... Goldenrod
*Non-nagvespecies.
-8-
(2) Vegetation - Relationship to the Current Operation and the Proposed Site Plan.
Air photographs reveal the proj eot site has an agricultural history and underwent routine planting and
harvesting. However, as vehicular parking and staging became more in demand, the agricultural
fields became increasingly used to support the infrastructure of the on-going carrier service (ie.
parking areas, buildings, etc.).
With respect to the agricultural history of the site, it is reasonable to conclude that the current site
actually hosts a greater spectnun of plant species, albeit a large pementage of non-native plant
species, than when the site was used primarily for farming. Consequently, in comparison to the
agricultural conditions of the site, it seems fair to believe that the current operation has resulted in
a greater diversity of on-site plant species.
Although it appears that on-site plant diversity has increased over the past 50 years, it remains
important to clearly indicate that the amount of on-site land currently incapable of supporting
vegetation has also increased. Approximately, 90% of the current property can not support
vegetation because ofparkingdstaging demands and/or the presence of structures. This figure is not
expected to significantly change with the implementation of the proposed site plan. As shown on
the proposed plan, approximately 5,000 s.f. of existing lawn located adjacent to the existing house
on the West Parcel is slated to become parking area. In the context of the entire site and operation,
the loss of 5,000 s.f. of lawn area does not appear to be a significant negative impact.
In an effort to improve the vegetative buffer surrounding the Snack Bar Parcel, Cross Sound is
proposing to add vegetation where gaps currently exist. Where no gaps exist, the existing vegetation
will be evaluated and enhanced as necessary to provide a cohesive/continuous buffer around the
perimeter of the parking area. A draft planting plan will be prepared and submitted to the Planning
Board for review and approval prior to implementation. So that the planting appears in context with
its coastal surroundings as well as the sites existing vegetation, it is suspected that the proposed
improvement of the vegetative buffer will consist of the following native species:
Native Species Tar~,eted for Planting Along the Borders of the Snack Bar Parcel:
Bayberry (Myrica pensylvanica);
Eastern Red Cedar (Juniperas virginiana);
Shadbush (Amelanchier canadensis);
American Holly (Ilex opaca);
Lowbush Blueberry (Vaccinium plalidum);
Northern Arrowwood (Viburnum recognitum); and
Beach Rose (Rosa rugosa)
F. WILDLIFE.
(1) Wildlife - Existing Condition.
Based upon lack of on-site habitat (approximately 90% of the site is used for parking, structures
and/or the staging of vehicles), the project site has little prospect of significant habitat value.
-9-
Most wildlife species observed, or expected to be observed, on site include common "backyard"
species. Based upon site inspections, the following represents a listing of the principal species of
wildlife observed and/or expected to use the project site as habitat:
Avian Species Observed and/or Expected to Use the Site as Habitat:
Cardinalis cardinalis ........... Northern Cardinal
Carduelis tristis* .............. American Goldfinch*
Carpodacus mexieanus .......... House Finch
Corvus hrachyrhynehos* ........ American Crow*
Dumetella carolinensis* ......... Grey Catbird*
Geothlypis tfichas ............. Common Yellowlhroat
Hirundo mstiea* .............. Barn Swallow*
Melospiza mclodia* ............ Song Sparrow*
Mimus polyglottos ............. Northern Mockingbird
Paros atrieapillus .............. Black-capped Chickadee
Paros bieoler ................. Tufted Titmouse
Passer domestieus* ............ House Sparrow*
Passerculus sandwichcnsis ....... Savannah Sparrow
Pipilo erythrophthalmus ......... Rufous-sided Towhee
Quiscalus quiseula ............. Common Grackie
Spizella arborea ............... Tree Sparrow
Spiz¢lla pusilla ................ Field Sparrow
Stumus vulgaris* .............. European Starling*
Tachycineta bicolor ............ Tree Swallow
Turdus Migratorius ............ American Robin
Tyrannus tyrannus ............. Eastern Kingbird
Zenaida maeroura .............. Mourning Dove
Zonolriehia albieollis ........... White-throated Sparrow
Mammals Observed and/or Expected to Use the Site as Habitat:
Felis catus* .................. Cat*
Microtus permsylvanicus ........ Meadow Mole
Odoeoileus virginianus* ........ White-tailed Deer*
Peromyscus leucopus ........... White-footed Mouse
Rattus norvegieus .............. Norway Rat
Sorex cinereus ................ Masked Shrew
Sylvilagus* ................... Rabbit*
* Observed on site.
None of the above listed species are notably rare on Long Island. No designated species
(endangered, threatened or special concern) were identified on the site. Designated bird species that
occur in the area include Piping Plover (Charadrius melodus; Status Endangered), Least Tern (Sterna
antillarum; Stares Endangered) and Osprey (Pandion haliaetus; Status Threatened), however, it
should be noted that none of these species were observed on or near the immediate project area
during site inspection (July 27, 28, 1997).
(2) Wildlife - Relationshio to the Current Operation and the Proposed Site Plan.
In general, agricultural fields possess minimal habitat value. Therefore, one could make an argument
that even though the current site possesses little vegetation (approximately 10% of the site is
vegetated), the vegetation that does exist may provide more habitat than what existed when the site
was principally used for fanning. From this perspective, the current operation and the proposed site
plan are both compatible with the wildlife on the site and adjacent property.
Furthermore, although the project site and the adjacent beach does contain some suitable habitat for
three designated avian species (Piping Plover, Least Tern and Osprey), it is somewhat doubtful that
any of these species would use the site or the beach for nesting purposes. The beach fronting the
project site is quite stony. Given that Piping Plovers and Least Terns favor more sandy isolated
beaches free of predators, it is suspected that these species would opt to nest along other stretches
of coastline. On a similar note, Ospreys prefer nesting areas closer to their hunting sites (often
shallow water and low energy wetland areas). Consequently, it is suspected that nearby Orient Point
State Park as well as the adjacent County Parkland offer preferred habitat for the Osprey, Piping
Plover and the Least Tern. Therefore, due to lack of overall existing on-site habitat, the proposed
site plan should not result in an increase in negative impact to inventoried wildlife.
E. WETLANDS.
(1) Wetlands - Existing Condition.
The project site does not contain any tidal or freshwater wetlands. However, since the site lies
adjacent to a large tidal water body (Gardiner's Bay), the NYSDEC tidal wetland maps indicate that
"Coastal Shoals, Bars & Mudflats" ("SM") and "Littoral Zone" ("LZ") are located offshore.
(2) Wetlands - Relationship to the Current Operation and the Prooosed Site Plan.
As evidenced by the DEC Tidal Wetland Maps, the only portion of the current operation to come
into direct contact with tidal wetlands are the passenger and vehicular loading ramps along with their
adjacent bulkheading and pilings. Periodically, it is necessary to dredge the bottom of the bay in the
vicinity of the existing boat slips in order to facilitate the means of ingress and egress of the subject
vessels. At these times, dredge spoil is placed upland on nearby property owned by the project
sponsor. Often, the spoil is donated to NYS for erosion control purposes at Orient Point State Park.
Permits for dredging and the maintenance of the loading ramps have been obtained from the DEC,
Town Trustees, Department of State and the ACOE. Subject to storm events, dredging is a relatively
infrequent action - needing to occur once or twice over a ten year period.
With the exception of the loading ramps and the periodic maintenance for their continued use
(dredging, replacement of bulldaeading, piles, etc.), the current operation really does not effect
existing wetland. 98% of the current operation takes place well above and beyond the high water
line. This figure is not expected to change with the implementation of the proposed site plan. With
respect to the upland portion of the site, french drains, approved by regulatory agencies, have been
installed on-site to specifically minimize the volume of stormwater from flowing into the adjacent
tidal wetland. Based upon the primarily upland use of the site and mitigation measures already in
place, it is believed that both the current operation and the implementation of the proposed site plan
are compatible with the existing wetlands.
III. LAND USE AND ZONING: AN INVENTOR YAND ANAL Y$IS O FLAND USE, ZONING
AND LAND USE PLANS ON AND IN THE VICINITY OF
THE PROJECT SITE.
A. LAND USE.
(1) Land Use On & In the Vicinity of the Project Site - Existing Condition.
Thc existing land use on and in the vicinity of the Cross Sound property is represented on the Land
Use Map (previously submitted to the Town by Cross Sound as part of an earlier application). This
map was prepared in 1997 by the Suffolk County Department of Health Services for use in the
Peconic Estuary Program. Although this map is considered to be in dra~ form, it is believed that its
accuracy and detail is ~ufftcient for thc purposes of thi~ narrative. The land use map reveals the
following 7 general land use categories within a half mile radius of thc project site:
· Low Density Residential;
· Medium Density Residential;
· Open Space - Recreational;
· Vacant Land;
· Transportation;
· Commercial; and
· Utilities.
If the half mile radius was slightly extended (approximately 400'), "Agriculture" could be added to
this list. As the Land Use Map indicates, the Cross Sound Facility/Project Site is made up of the
following land uses:
West Parcel ............. Low Density Residential;
Terminal Parcel ......... Transportation;
Snack Bar Parcel ......... Transportation.
The above listed land uses for the Cross Sound Facility are not surprising, except for perhaps the
West Parcel. The West Parcel contains a single family residence as well as an approved overflow
parking area for walk-on passengers. Given that the residence is considered a more significant
structure than the overflow parking area with respact to construction and longevity, the West Parcel
was designated "Residential" rather than "Transportation".
As indicated on the Land Use Map, the project site (West Parcel, Terminal Parcel and Snack Bar
Parcel) lies adjacent to the following land uses:
To the East ..... 1 Vacant Residential Lot (controlled by Cross Sound Ferry Services, Inc.);
To the North .... Open Space - Recreational (County Park); 1 Occupied Medium Density
Residential Lot; Utilities (LILCO parcel);
To the West .... Transportation (Plum Island Ferry Terminal and Parking Area);
To the South .... Trustee Owned Beach and Underwater Land.
(2) Land Use On and In the Vicinity of the Project Site - Relationship to
the Current Operation and the Proposed Site Plan.
For many years, thc project site has been part of a large 5-parcel block of land used for marine
transportation & recreation (commercial, private and federal) - Cross Sound Facility, Plum Island
Ferry Facility and Orient by the Sca Marina. All five parcels contain large parking areas. Most
residential construction in Orient, including the existing single family residence located to the
immediate north of the project site, was built pursuant to the increase in demand for Cross Sound's
services. Given that the project site and several of the adjacent properties (Plum Island Ferry
Terminal and Orient by the Sea Marina) have been used for parking and marine transportation for
many years, neither Cross Sound's current operation or the proposed site plan should be considered
inconsistent with local land use. The issuance of site plan approvals in 1985 and 1995, allowing
Cross Sound Ferry Services, Inc. to modify their property in order to meet demand, imply that thc
existing and proposed use of the facility remains in conformance to current land use patterns.
B. ZONING.
(1) Zoning On and In the Vicinity of the Project Site - Existing Condition.
As indicated on thc Towns Zoning Map, the project site is situated within the eastern third of a large
block of land currently zoned "M W' (Marine Il). Accordingly, the adjaccnt western parcel, the Plum
Island Ferry Terminal and parking area, has the same zoning designation as the project site.
Conversely, the adjacent eastern parcel ("Trust Parcel"), controlled by Cross Sound Ferry Services,
Inc. is located within an R-80 ("Residential Low Density A") zoning district. With the exception
of the project site's eastern boundary, Route 25 serves as the primary zoning boundary between the
M II District and the residential districts (R-80 and R40) located to the north of the project site.
(2) Zoning On and In the Vicinity of the Project Site - Relationship to the
Current Operation and the Proposed Site Plan.
The M 1I Zoning Designation for the project site provides for uses that are consistent with on-going
and proposed operations of Cross Sound Ferry Services, Inc. Furthermore, for the following reasons
it is sensible to conclude that the zoning of the project site is consistent with the zoning of the
adjacent properties:
· The adjacent western parcel is within the same zoning district as the project site and is used by
the federal government as the ferry terminal and parking area for Plum Island.
· The adjacent vacant eastern parcel, although zoned R-80, is controlled by Cross Sound Ferry
Services, Inc.
· The adjacent northern properties (primarilly County Parkland), although zoned R-80 and R-40,
are separated from the project site by State Route 25.
C. LAND USE PLANS.
(1) Local Waterfront Revitalization Program and the State Coastal
Management Program.
In 1982, in response to a federal directive, New York State approved the Coastal Zone Management
Program (CZMP). The CZMP established a series of 44 coastal policies that every waterfront
application must address. Under the U.S. Department of Commerce Regulations (15 CFR 930.57),
an applicant proposing to construct within the State's designated coastal area must demonstrate that
the subject action is consistent with the 44 individual coastal policies.
Relationship to the Current Operation and the Proposed Site Plan: As a result of on-site field
investigation, in-house analysis and an understanding of the local coastal processes occurring in the
vicinity of the project site, it is believed that both the current operation and the proposed site plan
will not result in any significant negative impact to the fronting waterbody, coastline, local wetlands
and/or existing land use. Hence, in house analysis of the services provided by Cross Sound Ferry
Services, Inc. has determined that the on-going and proposed operation is consistent with the goals
and objectives of the 44 coastal policies contained as part of the New York State Coastal Zone
Management Program.
(2) Peconic Bay Estuary Program (PEP).
The National Estuary Program (NEP) was established by the Federal Water Quality Act of 1987 as
a means to protect and preserve nationally si~c, nificant estuaries which were/are considered threatened
by pollution, development, or overuse. In 1988, Congress added the Peconic Estuary system to the
NEP priority list. In 1992, the Peconic Estuary was accepted into the NEP, making the estuary one
of only21 arcasintheNEP at that time. ThelitcratureprovidedbytheOfficeofthePeconic Estuary
Program indicates the following goals and objectives for the program:.
"a) To protect and improve the Peconic Estuary system water quality to ensure a healthy
and diverse marine community.
b) To preserve and enhance the integrity of the ecosystems and natural resources present
in the study area so that:
i) Optimal fish and wildlife habitat and diversity of species can be ensured, and
ii) Conservation and wise management of the consumable, renewable natural
resources of the bay are promoted and enhanced.
c) To optimize opportunities for water-dependent recreation,
~) To promote, to the maximum practical extent, the social and economic benefits which
ave been associated with the Peconic Bay Estuary system.
e) To minimize health risks from human consumption of shellfish and finfish.
J) To promote, to the maximum extent passible, public awareness and involvement in
estuarine management issues."
Relationship to the Current Operation and the Proposed Site Plan: The current operation is
water dependent and has been determined as not posing a threat to wetlands, water quality and/or
fish/wildlife habitat. Since the implementation of the proposed site plan will not result in any
14
significant changes to the site or operation of the facility, the proposed plan should not be considered
a threat to wetlands, water quality and/or fish/wildlife habitat as well. Accordingly, based upon (1)
on-site field investigation, (2) in-house analysis, and (3) consultation with professional biologists,
botanists and coastal engineers, it is believed that neither the current operation nor the proposed site
plan is in conflict with any of the above stated goals of the Peconic Estuary Program.
{3) Critical Environmental Area Desienafion.
6 NYCRR Part 617.2 (j) defines a Critical Environmental Area (CEA) as a "specific geographic area
designated by a state or local agency, having exceptional or unique environmental characteristics".
In 1986, the Suffolk County Legislature designated County-owned land located to the north and east
of the Cross Sound facility as a Critical Environmental Area. Furthermore, in 1988, the County
designated all land located immediately within 500 ft. of the shoreline as a CEA. Based upon the
County's actions in 1986 and 1988, the project site is located in, and is surrounded by, land
designated as a CEA.
Relationship to the Current Operation and the Prouosed Site Plan: The nearby County property
was designated a CEA largely in part due to the Suffolk County Open Space Acquisition Program.
The lands within 500 f~. of the shoreline were designated as a CEA mainly because of the potential
impacts resulting from runoff, sewage effluent and/or erosion on the adjacent bay/estuary areas. The
existing facility/project site is located over 1001.f. from the County-owned CEA land. It is believed
that this separation is sufficient in preventing any physical disturbance to the County property
generated by the on-going and proposed operation of the Cross Sound Facility. However, the CEA
land that runs along the coastline and includes a large percentage of the project site deserves to be
addressed more closely. Calvert that runoff, sewage effluent and erosion have be identified by the
County as the principal potential threats to this specific CEA area, each of these issues will be
discussed separately below:
Stormwater Runoff - The existing facility utilizes a drainage system similar to the other
parking lots in the vicinity. Stormwater is directed towards french drains and drywells.
Furthermore, since a large portion of the existing parking area is surfaced with loose blue
stone and/or exposed soil, most rainwater simplypermeates immediately through the surface.
Since no significant physical modifications to the site are being proposed (with the exception
of grading and surfacing the snack bar parking area with clean gravel/stone, which will only
improve on-site drainage) no adverse changes to the collection and control of stormwater
runoff are anticipated as part of the proposed site plan. During unique periods of intense or
lengthy rainfall, the stormwater control structures (ie. the french drains and drywells) collect
and store the runoffgenerated on the site for eventual groundwater re-charge. It should be
noted that the existing on-site drainage plan was approved by the Town Engineer.
Sewage Effluent - Cross Sound provides restrooms in the existing snack bar building and the
feny terminal. Given that all of the restrooms utilize conventional below grade sanitary
systems that were reviewed by the Suffolk County Department of Health Services, it is
reasonable to conclude that sewage effluent is being properly disposed. Since no
modifications to the sanitary systems or restrooms are being proposed, the proposed site plan
should have no effect on the collection or discharge of sewage effluent.
15
Erosion - Approximately 95% of the existing on-site operations and actions occur
upland/outside of the designated Coastal Erosion Hazard Area. Those operations and actions
that occur below the Erosion Hazard Area (such as passenger and vehicle loading/unloading;
vessel docking, parking, etc.) have occurzed on-site for many years and have no other
alternative with respect to location. Based upon site inspection and ennsultation with coastal
engineers, it has b~en determined that the actions that currently take place below the erosion
hazard area do not result in negative impacts, or contribute to the erosion of the adjacent
beach or dunes. Such operations and actions will not change with the implementation of the
proposed site plan.
With respect to the discussion noted above, it is understood that the current on-going operation of
the Cross Sound Facility does not have any significant effect on the County-owned CEA land located
to the east and north of the project site. Since no physical modifications to the site are being
proposed which will affect the quality of the off-site CEA land, the implementation of the proposed
site plan should not result in adverse changes to the County-owned CEA land. Furthermore, the on-
site CEA land located along the coastline will continue to function as a buffer and remain an
important safeguard against any threat to the Bay.
16
N~w Ye~k State Departmen, of Environmental Conserva,,on
Divis[pn of Water
Bureau of Flood Protection, Room 388
50 Wolf Road, Albany, NewYork 12233-3507
Phone: (518) 457-3157 · FAX: (518) 485-7786
Webalta: www.dec.state.ny.us
?~o'
John P, Cahill
Commissioner
April2,2000
Mr. Richard E. Warren, AICP
President
Inter-Science Research Associates, Inc.
Post Office Box 1201
36 Nugcnt Street
Southampton, New York 11969-1201
RE: Cross Sound Ferry Terminal, Orient, Town of Southold, New York
Dear Mr. Warren:
Pursuant to your letter of 11 April 2000 on this same subject, I concur with your analysis
that continuation of ferry terminal parking within the identified CEHA is not affected under the
CEHA requirements adopted by the Town of Southold. Inasmuch as the Town essentially
adopted the Model Local Law distributed by this office I will refer to the minimum standards
contained within the State's Coastal Erosion Management Regulations (6NYCP,.R Part 505) in
the following comments.
Parking, by itself, if it has no effect on the inherent protective nature of the land feature
upon which it is located, is essentially an unregulated activity [505.5(hh)]. Periodic grading, and
other activities associated with normal maintenanc~ are similarly unregulated activities.
However, enhancement of native buffer landscaping and installation of railroad tie curb stops
within the parking area, although of relatively minor impact, should be subject to a CEHA permit
issued by the Town.
A properly displayed Permit would have the dual advantage of informing the public that
land use regulations are in effect in that area and that the Town is diligently administering those
regulations. The activities, as described in your letter, would be permitable generally under the
standards of section 505.6 and more speSifically under the requirements of section 505.8(b).
While the parking lot is not truly a beach, it is the regulatory intent behind those regulations that
most nearly fits the parking area. Paragraphs (1), (3), (7), and (8) are the applicable
requirements.
C~'~
Mr. Richard E. Warren, AICP
April 12, 2000
Page 2
I hope this brief analysis will meet your needs. We appreciate the Town Planning
Board's desire to be sure that your client's proposal will meet CEHA regulatory standards.
Chief
Coastal Erosion Management
cc: R. Cowen
W. Southard
B. Kaler
Town of Southold
D:\wplMatey*~'T)Southold. Wanen. I n',wpd
WWD~e
MEMORANDUM
To: Planning Board of the Town of Southold
From: Esseks, Hefter & Angel, attorneys for Applicant, Cross Sound Ferry Services, Inc.
Date: May 23, 2000
Re: Parking Status of Snack Bar Parcel
This memorandum is submitted to the Planning Board of the Town of Southold (the
"Board" or "Planning Board") in support of a site plan application pending before the Board
regarding three parcels owned and operated by Cross Sound Ferry Services, Inc. ("CSF" or
"Cross Sound"). As set forth in the Draft Environmental Impact Statement CDEIS")
previously submitted to the Board, the three parcels will be referred to herein as the "West"
parcel, "Terminal" parcel, and "Snack Bar" parcel.
During the review of the pending site plan application, which CSF submitted in an
attempt to aid a settlement of pending litigation, the Board has questioned the
"nonconforming" parking status of the Snack Bar parcel, specifically, the exact nature of
that nonconforming status, as well as the reasons and evidence supporting CSF's contention
that the parking on the Snack Bar parcel is currently legal through its nonconforming status.
This memorandum will attempt to set forth CSF's position in more detail, while clarifying
the legal and factual issues involved for the Board.
SUMMARY
The zoning regulations of the Code of the Town of Southold ("Town Code," also
"zoning code") have undergone numerous changes since the inception of zoning in 1957.
Although there is no question that ferries were in use prior to 1957 and that the snack bar
building was constructed, at least in part, prior to 1955, the parking status of the Snack Bar
Snack Bar Parcel - Parking Status
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parcel is affected and confirmed, as a legal matter, by successive changes to the zoning
code and, more recently, by specific Town administrative and legislative approvals granted
in 1984/85 and 1995 by the appropriate boards of the Town.
Accordingly, the memorandum will first address, in section A, the legal impact of
the Town's various code provisions and amendments on the Snack Bar parcel in order to
demonstrate that the passenger parking on that parcel is legal, has been repeatedly ratified
by this Board (and others), and is, at worst, dimensionally nonconforming. The zoning
history and approvals discussed below are the following:
· the adoption of zoning in 1957, and the placement of the improved Snack Bar parcel
in the "A" Residential and Agricultural District, rendered the parcel nonconforming
(but legal) as to both use and area requirements (see section 1);
· the site-specific rezoning of the Snack Bar parcel in 1972 into the "B-I" General
Business District rendered the parcel "more conforming" to the extent some of the
commercial uses were now legal, though the parcel was still nonconforming as to
parking requirements (see section 2);
· when the Snack Bar parcel and Terminal parcel came under joint ownership in 1983,
the parking on the Snack Bar parcel became more conforming, bemuse the various
"common ownership" provisions of the parking requirements in the code allowed the
passenger parking "use" to be accessory to the commonly-owned terminal (see
section 3);
· the 1984 Planning Board approval of the site plan for the terminal reconstruction
Snack Bar Parcel - Parking Status
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amounted to a ratification and/or approval of the Snack Bar parking, because (a) the
Planning Board is presumed to have followed the zoning code, which required thc
board to consider the two parcels a "single lot" for purposes of parking and to
determine the "reasonable and appropriate off-street parking requirements" for the
passenger water carrier service; (b) the DEIS and site plan approved by the board
discussed and showed both the Snack Bar and Terminal parcels, with the Snack Bar
being drawn and described as an unmarked, "unpaved" parking lot; and (c) the
Terminal Parcel had no other off-street parking for passengers (see section 4);
· the 1984 Zoning Board variance legalized the water carrier service use on the
Terminal Parcel, and, as a matter of law, legalized the "accessory use" of the
commonly-owned Snack Bar parcel for passenger parking (see section 4);
· the Town Board's 1985 waiver and 1989 rezonlng of the parcels into the new
Marine II District, mounted to that board's ratification of the use of the Snack Bar
parcel for passenger parking (see section 4); and
· the Planning Board's 1995 site plan approval (to add the West Parcel parking)
amounted to another ratification of the unpaved, unmarked parking on the Snack Bar
parcel, because the Snack Bar parcel was shown on the 1995 site plan and because
the Planning Board was required, as a matter of law, to consider it as part of the
"single lot" for purposes of parking.
The end result of all of these events is that the parking "use" on the Snack Bar parcel is
legal as accessory to the commonly-owned terminal parcel, and the area requirements have
Snack Bar Parcel - Parking Status
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either been effectively "set" by the Planning Board or, in the least, ratified as
nonconforming but "reasonable and appropriate" parking for the terminal and passenger
water carrier service. (See section 6).
In section B, the memorandum will then address some factual evidence supporting
the historical use of the snack bar parcel for passenger parking. Finally, the Board will note
that a chart at the end of the memorandum will summarize the chronological ownership,
use, and zoning of the three parcels.
A. THE TOWN'S VARIOUS CODE PROVISIONS AND
APPROVALS TO CROSS SOUND FERRY CONFIRM
THAT ~ SNACK BAR PARCEL HAS LEGAL
PASSENGER PARKING THAT IS, AT WORST,
DIMENSIONALLY NONCONFORMING.
The Town's zoning code has undergone numerous changes since its inception in
1957. Consequently, the zoning restrictions on the snack bar parcel have undergone
numerous changes. Furthermore, the three parcels have been the subject of two critical
application/review processes, first in 1984/85, and then in 1995. Because the current
parking status of the Snack Bar parcel has been impacted by these zoning changes and
approvals, the following sections will discuss the legal effect of each of those events, in
chronological order. As will become clear, the end result of all of the zoning changes and
approvals is that, as a legal matter, the Snack Bar parcel has been put to a legal passenger
parking use, and is, at worst, dimensionally nonconforming, albeit fully legal.
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When the Town adopted its first zoning code
in 1957, the Snack Bar Parcel was rendered
nonconforming but legal as to use and
parking.
Prior to April 9, 1957, there was no zoning code in the Town of Southold. There is
little question that ferries were in use well before that time (as early as the 1930s) and that a
building that is now the snack bar was constructed before 1955.
When the Town initiated zoning in 1957, the Snack Bar parcel was zoned as an "A"
Residential and Agricultural District. (A copy of the original 1957 zoning ordinance, as
well as the amendments through 1958, are annexed hereto as Exhibit A). Under §§300-310
of the code, no significant commercial, non-agricultural uses were allowed in the "A"
Residential and Agricultural District. Section 1007 of the code, however, preserved
nonconforming uses existing at that time as legal uses of the properties. BY definition, a
nonconforming use of land is one that lawfully existed prior to the enactment of a zoning
ordinance and that is maintained after the effective date of the ordinance despite its
noncompliance with the use restrictions imposed by the ordinance. City of New York v.
Bilynn Realty Corp., 118 A.D.2d 511,499 N.Y.S.2d 1011 (lst Dep't 1986).
Assuming the Snack Bar Parcel was used in 1957 as either a snack bar, store, or
office (see section B, below), the parcel would have been entitled to continue those
nonconforming uses and would be entitled to any "accessory uses" to the primary
nonconforming use as well. See Verstandig's Florist, Inc. v. Bd. of Apeals of Town of
Bethlehem, 229 A.D.2d 851,645 N.Y.S.2d 635 (3d Dep't 1996) CUnder the doctrine of
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accessory use, a landowner is permitted to maintain an accesory use in conjunction with a
permitted nonconforming use ff the accesory use is truly incidental to the nonconforming
use and does not change the basic nature of the use of the property"). Such accessory uses
would presumably include parking necessary for the primary use to which the Snack Parcel
was placed. Furthermore, if the parcel was used for parking for the passenger water carrier
service, there would be no question that such use would have survived the 1957 ordinance.
2. When the Town re-zoned the Snack Bar
Parcel in 1972, the parcel beeam~ more
conforming, though still presmnably
nonconforming as to parking.
The next zoning milestone for the Snack Bar Parcel occurred in 1972, when the
Town Board re-zoned the entire parcel into the "B-1" General Business District. (A copy
of the Town Board resolution changing the zone is annexed hereto as Exhibit B). This
occurred shortly after the Town Board substantially modified the Town's zoning code into a
version that more closely resembles the current code. (A copy of the 1972-1989 version of
the Zoning Code is annexed hereto as Exhibit C).
Under the new designation and zoning code, as of December 27, 1972, the Snack
Bar Parcel was entitled to commercial uses of the property. Section 100-70 of the code
allowed restaurants, retail stores, business offices, and non-commercial marinas in the "B-
1" General Business District, as well as all accessory uses to those primary uses. Still, no
commercial water carrier use was allowed in that district. Consequently, use of the
property as a snack bar, restaurant, shop, or office, as well as parking for those uses, has
Snack Bar Parcel - Parking Status
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be~n a permitted use as of 1972.
It is unclear whether parking on the Snack Bar Parcel for the adjacent terminal and
passenger water carrier service would still have been considered a "nonconforming use" at
the time. On one hand, to the extent that parking for the passenger water carrier service
was inexfficably linked to parking for the snack bar, it could be deemed an incidental use to
the primary snack bar use. On the other hand, the language of section 100-70(C) of the
code suggests that, to the extent the passenger water carder service was not being provided
on the property and would not have been a legal use, any parking for that passenger water
carrier service use would have been nonconforming, for accessory uses were permitted only
as long as they did not "involve a separate business."
Even though the snack bar, shop, and office uses were permitted by the code as of
1972, the accessory parking for those uses was nonconforming with respect to the "Parking
Schedule" requirements of the zoning code. Under then section 100-71 of the zoning code,
uses in the "B-I" General Business District were subject to the "Bulk and Parking
Schedule" in the code. The parking requirements were set forth under section 100-112 of
the code, entitled "Off-street parking areas." That provision, which largely tracks the
current parking requirements, allows off-street parking as accessory to any use, subject to
several provisions, several of which are noted here:
· Subdivision A provides a "schedule" that sets forth specific requirements for many
uses, including "Eating and drinking places... At least 1 for each 5 seats" but not the
uses of "ferry," "passenger water carrier service" or "offices."
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· Subdivision A also provides that any "non-scheduled" use is left to the Planning
Board to determine: "Reasonable and appropriate off-street parking requirements for
structures and uses which do not fall within the categories listed below shall be
determined by the Planning Board upon consideration of all factors entering into the
parking needs of each use."
· Subdivision A also contains a "single ownership" provision: "Any land which is
developed as a unit under single ownership and control shall be considered a single
lot for the purpose of these parking regulations."
· Subdivisions B through E provide specific dimensional and physical requirements for
the parking spaces and access.
· Subdivision F, entitled "Joint Facilities," provides that parking spaces may be
"designed to serve jointly two (2) or more establishments, whether or not located on
the same lot, provided that the number of required spaces in such joint facilities shall
be not less than the total required for all such establishments."
· Subdivision H, entitled "Location and ownership," allows parking to be provided
either upon the same lot as the use to which they are accessory "or elsewhere,
provided that all spaces therein are located within two hundred (200) feet walking
distance of such lot." If the parking is located "elsewhere," there must be common
ownership.
Clearly, the parking on the Snack Bar Parcel as of 1972, whether accessory to a
legal use (the snack bar) or a nonconforming use (the passenger water carrier service), was
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non-conforming with respect to the specific regulations in section 100-112. See Matter of
Hoffman v. Bd. of Zoning & Appeals of Inc. Village of Russell Gardens, 155 A.D.2d 600,
547 N.Y.S.2d 657 (2d Dep't 1990) ("restaurant became nonconforming under an
amendment to the zoning ordinance by virtue of the fact that it had inadequate off-street
parking facilities"). Case law is not clear as to whether parking regulations are part of "use"
provisions or part of "area" requirements. See Matter of Off Shroe Rest. Corp. v. Linden,
30 N.Y.2d 160, 331 N.Y.S.2d 397 (1972) (extensively discussing the difference between
use and area regulations, as well as the divergence in case law as to whether parking
restrictions are fled to use or to area restrictions); Matter of OverhillBuilding Co. v.
Delany, 28 N.Y.2d 449, 322 N.Y.S.2d 696 (1971) (referring to lack of sufficient parking
as "nonconforming use" but also as requiring an area variance not a use variance); Gab/es
v. Fields, 143 A.D.2d 117, 531 N.Y.S.2d 581 (2d Dep't 1988) (treating parking regulations
as area requirements).
Consequently, assuming the parking pre-existed the regulations, they would either be
considered (1) legal but nonconforming as to parking "use" (if the regulations were deemed
a "use" requirement) (2) legal but nonconforming only as to area requirements (if the
regulations are deemed rela~l only to dimensional elements), or (3) legal but
nonconforming only to the extent it never underwent planning board review (to set the
"reasonable and appropriate" parking requirements for the parcel).
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3. After Cross Sound came under joint
ownership of the Snack Bar and Terminal
parcels by 1983, those two lots were required
under the zonln~ code to be deemed a "single
lot" for the purposes of parking regad~tions.
The next key zoning event occurred in 1983, not by any Town zoning action, but by
Cross Sound's purchase of the Snack Bar Parcel. Prior thereto, Cross Sound had only
owned the Terminal Parcel, which it acquired on February 3, 1975. As of September 29,
t983, however, Cross Sound acquired the Snack Bar parcel, thus rendering it the owner of
two adjoining parcels. (See chart following memorandum for full chain of tire.)
The significance of this event lies in the provisions of section 100-112 of the Town
Code quoted above pertaining to joint ownership and development of property. Under
subdivision A, the common ownership and development of the two properties meant that
they would thereafter "be considered a single lot for the purpose of these parking
regulations." Subdivision F further allows the parking at the Snack Bar parcel to "serve
jo'mfly two (2) or more establishments, whether or not located on the same lot," thus
allowing the Snack Bar parcel to service both snack bar patrons, as well as passengers on
the water carrier service. Subdivision H allows parking for one lot to b~ provided either on
the same lot or "elsewhere," so long as the parking is located within 200 feet of the main
parcel. Notably, a portion of subdivision H suggests that, except for residential districts,
parking can be provided for uses that are not necessarily permitted uses in that district: "In
all cases, such parking spaces shall conform to all the regulations of the district in which
parking spaces arc located, and in no event shall such parking spaces be located in any
Snack Bar Parcel - Parking Stares
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residence district unless the use to which the spaces are accessory is permitted in such
residence district or upon approval by the Board of appeals."
Even though the parking on the Snack Bar parcel was still nonconforming with
respect to dimensional requirements or with respect to the lack of any Planning Board
determination as to the "reasonable and appropriate' parking for the passenger water carrier
service use, the joint ownership of the Terminal and Snack Bar parcel rendered the Snack
Bar parking "more conforming" to the extent it was used for parking for the passenger
water carrier service. Whether the two lots are considered "a single lot" under subdivision
A, or whether they are separate, the various subdivisions of the statute allow the owner
(CSF) to use the Snack Bar Parcel for parking for the adjoimg terminal parcel.
4. When the Planning Board and other Boards
approved the new Terminal pinn in 1984/8.5
and re-zoned the property in 1989, the Snack
Bar passenger parking was confirmed to be a
legal accessory use and was implicitly ratified
and approved as "reasonable and appropriate
off*street parking'* for the m~in passenger
water carrier service use.
Perhaps the most c~itical zoning **event" occurred in 1984-1985 (and again in 1989),
when ali three boards of thc Town -- the P1annin§ Board, Zoning Board, and Town Board
-- approved the terminal reconstruction and rezonin§. Copies of the relevant decisions are
annexed hereto as follows:
Planning Board's March 30, 1984 site plan approval (actual site plan approved is
currently on file with the Town), Exhibit D;
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· Zoning Board's May 15, 1985 use and area variance approval, Exhibit E;
· Suffolk County's May 30, 1984 "negative declaration," Exhibit F;
· Planning Board's June 5, 1984 "negative declaration," Exhibit G; and
· Town Board's October 29, 1985 waiver, Exhibit H.
Furthermore, copies of the Environmental Assessment Form, Parts I, Il, and III, and the
Draft Environmental Impact Statement, upon which the approvals were based, are annexed
as cumulative Exhibit I.
One of the significant aspects of these approvals is that the Town essentially ratified
the then-existing development of the three parcels, including the nonconforming parking on
the Snack Bar Parcel. As a matter of laW, there is a presumption of regularity that attaches
to every official act. See Matter of Vilca v. Village of Port Chester, 255 A.D.2d 593, 681
N.Y.S.2d 291 (2d Dep't 1998); Matter ofO'Dea v. Bell, 242 A.D.2d 349, 661 N.Y.S.2d
265 (2d Dep't 1997). That presumption applies to zoning and planning board
determinations. Kontogiannis v. Fr/tts, 144 A.D.2d 850, 534 N.Y.S.2d 802 Od Dep't
1988); Black v. Summers, 151 A.D.2d 863, 542 N.Y.S.2d 837 Od Dep't 1989).
Considering that none of the decisions were challenged in court, we must presume that,
when reviewing Cross Sound's application, the boards considered their statutory mandates.
To the extent the Planning Board approved the terminal site plan, the presumption of
regularity in this case would indicate that the Planning Board considered the nonconforming
Snack Bar parking to be "reasonable and adequate" parking for the passenger water carder
service. As provided by section 100-112(A) of the Town Code, the Planning Board, upon
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considering Cross Sound Ferry's application for a site plan of the Terminal Parcel, was
required to determine the "reasonable and appropriate" parking for that terminal use.
Furthermore, the Planning Board was required to consider the two commonly-owned lots as
"a single lot" for purposes of the parking requirements. A brief review of the application
confirms that:
(1) both the Terminal Parcel and the Snack Bar Parcel were included in the Site Plan
approved by the Planning Board -- the Terminal Parcel was well laid out and
detailed, with only a handful of parking spaces for employees, but the Snack Bar
parcel was left with one large, unmarked parking area surrounding the snack bar
(Exhibit D);
(2) the DEIS submitted to all the boards notes: "Existing terminal facilities are
located on 2 parcels of land East and West of Main Rd. at the Easterly terminus of
Rt. 25. A one story wood frame building, serving as a business office, ticket office,
waiting area, lounge and vending machine snack bar, is situated on the 1.4 acre
[Snack Bar] parcel East of Main Rd., along with an unpaved parking lot, cesspool
wastewater disposal system and water well." (Exhibit I, DEIS p.3)
(3) the EAF Pt. II, under the question regarding possible impact on Iransportation,
stated, "Present transportation systems will be maintained but in a more efficient
manner." (Exhibit I, EAF Pt. II)
Thus, the applicant clearly disclosed the "unpaved parking lot" use to which the Snack Bar
parcel was put, the fact that there was no other off-street parking for passengers, and the
Snack Bar Parcel - Parking Status
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fact that they were intending to continue the same U:ansportation systems use as presently
existed.
Consequently, when the Planning Board approved the site plan and issued a negative
declaration, it did so based upon a plan that provided no passenger parking on the Terminal
parcel but provided for unmarked, unpaved parking on the jointly-owned Snack Par parcel.
Under the presumption of regularity, we must assume that the Planning Board performed its
function of determining the "reasonable and appropriate off-sWeet parking requirements" for
the un-"scheduled" passenger water carrier service. The only off-street passenger parking
that was before the Planning Board was the unpaved, unmarked parking on the Snack Bar
parcel. Therefore, the Planning Board essentially ratified the nonconforming parking on
the Snack Bar parcel as "reasonable and appropriate" off-street passenger parking for the
passenger water carrier service.
It is unclear whether, under the code, the Snack Bar parking was now fully
conforming as to area requirements or only partially conforming. The ambiguity results
from the uncertain scope of the mandate in subdivision A, requiring the Planning Board to
"determine the reasonable and appropriate off-sl~eet parking requirements" for all un-
"scheduled" uses, including passenger water carder services. On one hand, the scope of
determining what is "reasonable and appropriate off-street parking requirements" for a
particular use could be read as granting the Planning Board full flexibility to set all area
requirements (number of spaces, size of spaces, whether marked or unmarked, whether
paved or unpaved) for each non-scheduled use on a ease-by-case basis. On the other hand,
Snack Bar Parcel - Parking Status
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the scope could be read more narrowly as only granting the Planning Board the power to set
the number of spaces, while retaining the other dimensional area requirements set forth in
subdivisions (B) through (E). In this regard, it should be stressed that, as a matter of law,
"zoning restrictions, being in derogation of common-law property rights, should be strictly
construed and any ambiguity resolved in favor of the property owner." Toys "R ~ Us v.
Silva, 89 N.Y.2d 411,421,654 N.Y.S.2d 100 (1996) (emphasis supplied); GeisinSky v.
Village of Kings Point, 226 A.D.2d 340, 341,640 N.Y.S.2d 212, 213 (2d Dep't 1996).
Accordingly, the unqualified grant to the Planning Board to determine the "reasonable and
appropriate off-street parking" for a non-scheduled use should be read as allowing the
Planning Board to permit or ratify dimensional nonconformance with (or grant dimensional
waivers to) any of the area parking provisions in section 100-112.
Also significant at this time was the concurrent use variance granted by the Zoning
Board to allow the ferry use on the Terminal Parcel. (Exhibit E) A use established under a
variance is not considered "nonconforming." See Angel Plants, Inc. v. $choenfeM, 154
A.D.2d 459, 546 N.Y.S.2d 112 (2d Dep't 1989).
Even though the "use variance" was issued for the Terminal Parcel only, it would
have the effect of legalizing the passenger parking use on the Snack Bar Parcel as well.
This stems from the "Location and Ownership" provision set forth in section 100-112(I-I),
which, as discussed above, seems to allow even a separate parcel to provide parking for a
use on a commonly-owned parcel even if the parking parcel is not zoned for the same use
(so long as it is not residentially-zoned). The same conclusion would be reached by
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considering the two parcels "a single lot," as required by section 100-112(A). ffthe two
parcels are a single lot, and assuming that the use variance applied only to the Terminal
Parcel, the single, combined lot would be the equivalent of a lot divided by a district
boundary. Such divided lots are governed by subdivision I of section 100~112, which
provides that "Parking spaces on such a lot may be located without regard to district lines,"
so long as parking is not located in a residential district. Thus, to the extent that parking
for the passenger water carrier service on the Snack Bar parcel may have been previously
nonconforming as to use, the variance legalized that use.
Finally, the Town Board's "waiver" from the provisions of Local Law No. 14 of
1985, as well as its subsequent rezoning of the property, are also significant because the
Town Board ratified the ferry use and plan for the two parcels (Terminal and Snack Bar).
In 1985, during the master plan update, the Town Board was required to grant a waiver
(presumably from a moratorium) in order to allow the terminal reconstruction for the water
carrier service. The Town Board granted the waiver, noting that the proposed use was
"consistent with the uses in a Marine Business District as proposed by .. Master Plan
Update Zoning Code revisions." (Exhibit Iq)
Then, in 1989, the Town Board revised the Town's zoning code (but left the parking
provision substantially intact, albeit under new section 100-1911), and it again ratified the
~ The new "Off-street parking m" provision was amended somewhat to add more
uses to the "schedule," though passenger parking was still a "non-scheduled" use requiting
the Planning Board to determine its "reasonable and appropriate off-street parking
requirements." Town Code §100-191(A) (as of 1989). Added to subdivision (A) was a
provision that allowed the Planning Board to conduct "periodic monitoring" of non-
Snack Bar Parcel - Parking Status
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passenger water carder service use for both parcels by rezoning all of the properties into
the new "M-II" Marine District. The stated purpose of the M-II district was "to provide a
waterfront location for a wide range of water-dependent and water-related uses, which are
those uses which require or benefit from direct access to or location in marine or tidal
waters and which, in general, are located on major waterways, open bayfronts or the Long
Island Sound." Town Code § 100-120 (.post-1989 code). For the first time, the code
allowed "ferry terminals" as a permitted use in the M-II district, by special exception permit
from the zoning board. Although the terminal use on the property was already legal and
conforming because of the use variance granted in 1984, the 1989 re-zoning confirmed the
suitability of the passenger water carrier service use on the Terminal Parcel and the
accessory passenger parking use on the adjoining Snack Bar parcel, both of which were
now zoned for marine uses.
Based upon all of these approvals, the stares of the parking on the Snack Bar Parcel
as of 1985 (and 1989) would have been as follows: the accessory passenger parking me was
legal and conforming and the parking either (a) was fully conforming to section 100-112
because the Planning Board determined the unpaved parking area to be "reasonable and
appropriate" or (b) was at least "more conforming" to the extem that the Planning Board
ratified the parking, with a possible nonconformance to dimensional requirements.
scheduled uses. The other subdivisions discussed above were left intact.
Snack Bar Parcel - Parking Status
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When the l)l~nnln~ Board granted site plan
approval to the West parcel in 1~95, it again
implicitly ratified and approved the Snack Bar
parkin~ as "reasonable and appropriate"
passenger water carrier service parking,
The final critical zoning event occurred in 1995, when the Planning Board granted
site plan approval to the West parcel and again ratified the Snack Bar parcel parking.
(Exhibit I).
As mentioned above (see foomote 1), when the Town Board changed the zoning
code, it left the critical portions of the parking requirements intact. Consequently, there
was still no "schedule" for passenger water carrier service parking, leaving the Planning
Board to determine "reasonable and appropriate parking requirements," and all the joint
facilities/common ownership provisions remained the same.
Soon after Cross Sound acquired the West parcel on October 4, 1993, it applied to
the Planning Board in the Spring of 1995 to convert most of the parcel to overflow parking
for the terminal. Prior thereto, the Snack Bar parcel was the only one which had any off-
street parking for passengers. The Town did not require Cross Sound to apply for a spec'ml
permit in 1995, presumably because the water carrier service terminal use on the Terminal
parcel was already legal and conforming (due to the variance), and so accessory passenger
parking on the West parcel would be legal and conforming under the various joint
ownership/location provisions in section 100-191 of the code (see discussion in prior section
concerning the legality of the passenger parking on the Snack Bar parcel).
Significantly, the site plan actually approved by the Planning Board in 1995 was a
Snack Bar Parcel - Parking Status
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drawing of all three parcels, with the West and Terminal parcel site plans delineated
carefully and the Snack Bar parcel left, as it was in the 1984 site plan, as an unmarked,
surveyed area. The new parking on the West parcel was drawn to accommodate 69 marked
stalls.
The effect of the 1995 site plan approval would appear to be identical to the effect of
the 1984 site plan approval, namely, that it amounted to a presumed Planning Board
ratification of the parking on the Snack Bar parcel. Under the Code, the Planning Board
was to consider all three parcels as a "single lot" for purposes of parking, and it was once
again required to determine the "reasonable and appropriate off-street parking
requirements" for the passenger water carrier service. Town Code §100-191(A). The fact
that the Snack Bar parcel was included in the site plan, but without any marked stalls,
confirms either that the Planning Board considered the unmarked parking to be "reasonable
and appropriate" (and therefore conforming) or that the Planning Board ratified the Snack
Bar parcel parking as legally nonconforming with respect to dimensional/area provisions of
section 100-191.
6.
The passenger parking on the Snack Bar parcel
is legal, whether fully conforming or
conforming to use but nonconforming to some
area requirements.
As the above discussion confirms, the parking on the Snack Bar parcel has pre-
existed and has been known by the Town, as evidenced most notably by the 1984/85
approvals and the 1995 site plan approval. Not only has the pre-existing parking status of
Snack Bar Parcel - Parking Status
Page 20 of 27
the Snack Bar Parcel never been questioned prior to this time, but that status has been
repeatedly ratified, through two site plan approvals granted by the Planning Board in 1984
and 1995, a variance granted by the Zoning Board in 1984, and a waiver and re-zoning
granted by the Town Board in 1985 and 1989, respectively.
Based upon the code provisions and zoning events discussed above, the end result of
all of these events can best be summarized as follows:
1) the passenger parking "use" on the Snack Bar parcel is permitted as an accessory
use to the legal, conforming terminal use on the adjoining Terminal parcel; and
2) the area/dimensional requirements of the passenger parking are either
a) conforming, in whole or in part, because the Planning Board deemed the
Snack Bar parking to provide "reasonable and appropriate off-street parking" for the
passenger water carrier service, or
b) nonconforming but ratified as legal by the Planning Board Coy the two site
plan approvals in 1984 and 1995), the Zoning Board (by the variance granted in 1984), and
the Town Board Coy the waiver granted in 1985 and the re-zoning in 1989).
B. ~ FACTUAL EVIDENCE CONFIRMS ~ LEGAL
PARKING USE OF ~ SNACK BAR PARCEL.
There is sufficient factual evidence to confirm that the passenger parking on the
Snack Bar parcel has been ongoing and is legal and pre-existing, even if it is
nonconforming.
The first factual evidence to note is the historical lack of independent parking on the
Snack Bar Parcel - Parking Status
Page 21 of 27
Terminal parcel. As confirmed by the aerial photographs (previously submitted to the
Planning Board) as well as the site plans, the Terminal parcel was and is not used for
passenger parking. Early photographs show an agricultural "Terminal" parcel, with only a
thin portion used for access to the terminal.
Despite this lack of parking on the terminal parcel, the ferries have always been
equipped to carry both cars and passengers. As set forth in the DEIS, newspaper clippings
then on file at the Suffolk County Historical Museum, the operator intreduced a vessel in
1948 that was capable of accommodating nearly five times as many passengers as
automobiles (68 automobiles and 300 passenger). (Exhibit I) Also, the Cape Henlopen,
which was introduced prior to the Town approvals in 1984/85 and which was mentioned in
the 1984 DEIS (along with several other vessels), has a ear capacity of 90 cars but a
passenger capacity ten times that amount (900). (Exhibit I)
Early brochures produced by then operator, New London Ferry, confirm that the
passenger-only service was not only offered, but advertised as an independent service with
special rates and package offers. Attached hereto as Exhibit N is a copy of a 1965
brochure, which offers a one-way passenger-only rate of $2.00 (as compared to the $8.50
fee for an automobile with driver) and a "Special Round Trip Excursion" rate of $3.00
(children, $1.50) whereby passengers would park at either Orient or New London,
Connecticut and take a "Days Vacation" sailing on the Long Island Sound.
Since there was no parking on the Terminal parcel, the photographs confirm that the
parking for passengers without vehicles was done either on the road or on the Snack Bar
Snack Bar Parcel - Parking Status
Page 22 of 27
parcel. As volume of passenger traffic increased, so did the parking on the street and
Snack Bar parcel.
The aerial photographs also confirm that the building that would become the snack
bar and office was built prior to 1955 and has remained in its same location s'mce the
inception of zoning in Southold in 1957.
Further evidencing the passenger parking on the Snack Bar parcel are three
affidavits of current or former Southold residents. One witness, James Arthur Kenniff,
operated the North Fork Shipyard in New Suffolk and lived at Youngs Avenue in Southold.
(Exhibit K). Mr. Kenniff traveled between Orient Point and New London on the vessels
starting in 1960 and continuing until 1987. According to Mr. Kermiff:
It is my distinct recollection that during all those years [1960-
1987] vehicles were parked south and east of the snack bar
structure (on the parcel east of the State Highway) and drivers
and/or passengers from those cars became passengers on the
ferry. The number of cars that would be parked there by
people who used the ferry varied depending on the month of
the year; there were more in the Spring, Summer and Fall and
less in the Winter.
(Exhibit K). Similarly, witness, Thomas J. Uhlinger, Town of Southold resident since
1961, commuted between Newport, Rhode Island and Orient, New York during the
middle/late 1960s, and it is his "su:ong recollection that there were cars parked from time to
time east of the existing snack bar building when [he] visited the site prior to 1968," and he
believed that the parking was for passengers of the ferry service." (Exhibit L). Finally,
current Greenport resident, Spencer Morgan, has visited the site for over 40 years and
Snack Bar Parcel - Parking Status
Page 23 of 27
recalls "regular" parking on the Snack Bar parcel for passengers "[flor all the years during
the 1990s, 1980s, 1970s and earlier." (Exhibit M). Mr. Morgan also recalls fluctuations in
parking depending on the season, with more parking occurring "during the spring, summer
and fall months...." (Exhibit M).
The aerials and affidavits, when viewed in conjunction with the historical use of the
properties as documented in, for example, the DEIS submitted in 1984 (Exhibit I), as well
as the legal changes to the zoning code over the years (which culminated in the rezoning of
the Snack Bar parcel into the Marine II Distric0 and the approvals granted to the various
parcels, all confirm that the parking on the Snack Bar parcel has pre-existed the parking
requirements and various zoning changes imposed by the zoning code. Considering that the
Town, in the frrst 40 years after the imposition of zoning, never questioned the parking
status on the Snack Bar parcel, the factual evidence supports the contention that the parking
is either legal and conforming (in whole or in part) or legal and nonconforming.
Snack Bar Parcel - Parking'~J~tus
Page 24 of 27
CIIRONOLOGICAL OWNERSHil', USE, AND ZONING OF CROSS SOUND FERRY PARCELS
Date Town Code Snack Bar Terminal West
Parcel
[ 920S- McDonnell acquired parcel; road taken Ferry in
1930s by sta~ existence,
agricultural
land, no
pa~ing
5/55
1/13/56
4/9/57
1960
pre-
1968
2/13/68
1970s
10/30/71
12/27/72
1957 Code: Zoning Initiated in Southold.
§§300-310 created "A" Residential and
Agricultural District, with no significant
commercial u~s. §1007 preserved
nonconforming uses. (Exhibit A)
B-1 District (§100-70) allowed
restaurants, retail stores, business offices,
non-.commercial marinas but still no ferry
use. (Exhibit B)
Aerial photograph: confirms ticket
office, waiting room, and toilet
structure, as well as building that would
later become snack bar.
Some parking shown on portions of thc
property east of State Highway/parking
area
McDonnell sells portion of snack bar
(containing building) to Peter E. Pappas
Property zoned "A" Retidential and
Agricultural District. Presumably, snack
bar building, ferry, and parking us~s
b~came nonconforming
Kenn~ffAffidavit: remembers parking on
parcel, 1960-87, varied depending on
month. {Exhibit K)
Uhlinger .affidavit: remembers parking
on parcel prior to 1968. (Exhibit L)
McDonnells sell remainder of parcel to
Constantine Pappas
Morgan ~vit: remembers parking on
parcel, 1970s-1990s (Exhibit M)
C. Pappas acquires building portion of
snack bar.
Rezoning: All of parcel rezoned "B-l"
General Businuss.
Any snack bar and offico use became
conforming, with parking use as
accessory to main use.
Unclear whether parking for passenger
water earriar service would be legal or
still nonconforming use.
Presumably, lack of parking layout,
stalls, etc., renders parking
dimensionally nonennforming.
Snack Bar Parcel - Parking~tus
Page 25 of 27
Town Code
3/21/73
2/3/75
9/29/83
1972-1989 Code: §100-112: OffStrcet
Parking:
"A. Any land which is developed as a
unit under single ownership and control
shall be considered a single lot for the
purpose of these perking regulations.
Reasonable and appropriate off-street
parking requirements for structures and
uses which do not fall within the
categorlas listed below shall be
determined by the Plaol~lg Board upon
consideration of all factors entering into
the parking needs of each use. *
Note: Ferry use not listed, so up to
Planning Board to set parking needs.
Subd. F. "Joint facilities," allowed
"spar~ designed to serve jointly two (2)
or more establishmeats, whether or not
located on the same lot,"
Subd. H. "Location and ownership"
allowed accessory parking to be provided
either upon the same lot "or elsewhere,"
as long as it's within 200 feet oftbe lot
and not in a residence district. (Exhibit
c)
Snack Bar
C. Pappas' foil interest to Nathanson
Cross Sound acquires fell parcel from
Nathanson.
Under subd. H, joint ownership of snack
bar and terminal parcels requires them to
be %on~idered a single lot" for parking
purposes.
Under subd. F., parking spaces could
also legally serve "joint facilities' of
both terminal and snack bar uses.
Under subds. A, F & H, parking for
passenger water cartier service on snack
bar parcel seems to be a legal,
conforming use, though still
dimensionally nonconforming.
Cross Sound
acquires
parcel from
New London
Freight Lines,
Inc., boglns
operating
service
West
3/30/84
PB Site Plan Approval: snack bar parcel
shown on site plan as part of joint
ownership, no marked stalls or parking
layout shown on percel. Presumption of
regularity would indicate that PB
considered it one lot for parking
purposes, found the snack bar parking
"reasonable and appropriate" off-street
parking for passengers. At beat, can be
viewed as PB ratification/waiver of
dimensional nonconformance, rendering
it fully conforming. At a minimum, it
was a ratification of legal parking use,
with parking still dimensionally
nonconforming. (Exhibit D)
PB Site Plan
Approval:
only had
limited
parking for
employees.
No off-street
parking
provided for
patrons. Off-
street parking
served only by
snack bar
parcel.
(Exhibit D)
Snack Bar Parcel - Parking ~Bftus
Page 26 of 27
Date
Town Code
5/15/84
5129/84
5/30/84
6/5/84
10/29/85
Snack Bar
DF. IS (for terminal construction) notes:
*Existing terminal facilities are located
on 2 parcels of land East and West of
Main Rd. at thc Easterly terminus of Rt.
25. A one story wood frame building,
~erving u a business offica~, ticket
office, waiting ate, a, lounge and velldlng
machine snack bar, is situated on the 1.4
acre parcel East of Maia Rd., alon~ with
au unpaved uarkln~ lot, cesspool
wastewater disposal system and water
well." (p.3)
EAF Pt. 11: under impact on
mmsportation, "Present transportation
systems will be maintehaed but in a more
offi~ient manner~ (Exhibit l)
Terminal
area variance
approval: to
allow ferry
te~wninsd
eoustruetion.
(Exhibit E)
~Lll, m,
DEI$
(Ex.bit I)
Su~. Cry. Neg
Dec. (Exhibit
PB Neg Dec.
in eounection
w/Site plan.
(Exhibit G)
Town Board
noting that
new terminal
would be
"consistent
with the uses
in a Marine
Business
District as
proposed by ..
Master Plan
Zoning Code
r~¥isious."
West
Parcel
2/25188 Aerial: clearly shows unpaved, but used
parking area, with ears throughout
Snack Bar Parcel - Parking Status
Page 27 of 27
1/89
Town Code
1989 Code:
§100-121: M-II district allows ferries as
special exception uses.
§100-191: Off Street Parking:
Retained subd. A. "single ownership and
control shall be considared a single lot,*
ferry/water carrier services still not on
schedule, Planning Board still required to
determine "[r]easonable and appropriate
off-street parking requirements." Note:
ferry use not listed, so up to Phmning
Board to determine passenger parking.
Subd. F. "Joint facilities," allowed
"spaces designed to serve jointly two (2)
or more establishments, whether or not
located on the same lot,"
Subd. H. ~Location and ownership"
allowed accessory parking to be provided
either upon the same lot "or elsewhere,"
as long as it's within 200 feet of the lot
and not in a residance district.
§§ 100-250 et seq.: new site plan
requirements, including "intensity"
provision.
Snack Bar
Rezoned M-Il
Termln~l West
Parcel
Rezonexl M-II Rezoned
M-H
5/21/91
Cross Sound
acquires
easterly strip
from
McDonnell.
10/4/93
Cros~
acquires
from
HBB
Assoc.
5/15/95
PB Site Plan Approval: parcel depicted
on site plan, w/no marked parking stalls
or parking layout.
(Exhibit J)
PB Site Plan
Approval
(Exhibit J)
PB Site
Plan
Approval
(Exhibit
· '*', ,~IUit'DING ZONE
· TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
and reatristin$ the height, number of
stories, size of buildings tnd ether
structures, the percents· of lot that
nmy be cocupied, the size of yards and
other opsn epa~as, the density of PSpUo
latlon, the location and ~se of build-
h~s, structures ~nd land !er trade,
dust~-y, residence and other 9urpus~,
(prorlded that such re~ul·tlo~
apply to and affect on~ s~h ~ of
the town out~ide the 1fruits of any in*
corporated village), astsl~llchln$ the
boundaries of distriste for said pur*
i~o~es so as to psomote the health, as!e-
ti', moraI~ and ~enerai welfar~ of the
Town of Southold with reasonable con-
~deraffcn, ~unon~ other ~fn~s to the
most de~?mblo use for ~ch the hind
of each d~trtct m~y be adapted, the
pocultsr suitability ~or porticutar ~e
of · d~trist, the c~nsere·tlon of prop-
erty values and the dlreeUon c~ bttlld-
~ development in ·ccerda~ce w~th
well considered pinn and e~so to est~b-
l~h ~e~d~e~ for v~oht~o~ ~f the~e
reeulst~ons as prescribed b~ the sta-
tutss.
TABLi~ OF CONT~T~
Shor~ TJtie Section
Article I Definitions 100
A~dcle Il Districts 200
Agricultural District 300
Article IV "B" BUsiness District 400
Article V 'C~ Industrlai District 500
Article VI Tourist Camps, Camp
- Co%ta~es sad Trailers 600
Article VII Applications and Per-
mits 700
Article viii Board 0! Appeals 800
Article 1~ Amendment· 900
Article X General Pro~islons I000
WHRREAS, ·Il the m~tte~s and
thinEs required to be dena by the Town
Law of the State of New York in order
that the Town Board of the TOWn of
~outhold, Suffolk County, State of New
~Yo~rk, may avail itself of the powers
conferred by said law have been duly
complied with.
NOW -A'i~:~t~PORE, the Town Board
of the Town of Southcld. Suflolk Coun-
ty, State of New Yorl~ by ~rt~e of
the ·uthortt~ hi it b~ lkw Invested;
hereby' ordains and enact· the follow-
SECTION l--This ordinance =~all ~
~Uflding ~ne Ordinonca of the Tn~
~! ~u~eld. 8uffcl~ Oeu~y,
8EO~O~ l~-Deflinti~m~.-~r the
l~rpuse of this Ordtoa~ce, cartam
terms and words are, herewith, de,toed
Words used to the ~resont tense in.
clude the future, the ~n~]ar nmnbor
includes the ~lucal and the plural the
tin~ular, the word "building' includes
the word "structure", the word "lot"
includes the word "plot' sad the word
#shall~ is mandator~ and not directory.
I~ACCESSO~Y BUILDIN(~ ~ A
~ng on · lot sad used for purpusas
custunmrtlF incld~utal to thcas of the
ma~ bt~ldk~.
~-AN ACRE -- An acre as sppllo-
able to this Ordhl~nce shall refer to
the tsnd exclusive of street tress.
~--BOARDING A~D '
HOUSES. A bulldinE other than ~ hotel
where lod~inL with or without meals,
for six or more person~ Is furnished
for compsnsallo~
· root supported b~ wsm and when
seps~ted by · S~rty wall without
opening·, it 8hail he de·hied a sopa~tte
bulldlnL
5--BU~.,DINO AREA -- The a~re-
~·ts o! the me~lmum horl~ntal
section arc· of the ~ on ts lot,
'chl,~ne~ projecting not more titan
ef~htsen (1~) fnches, steps, one (D
story open lxn'ches, b~y windows, not
extendin~"thrun~h more tho~ o~o
stsr~ sad ~ot prolectin~ more
five (5) loot, baicont~ t~d ~'~tus~.
6--BUILDING ~'W3HT -- The var-
ticle dlstsace measured from the.curb
level to the h~hest point of the roof
sur~aca, i~ ~ flat roof, to the deck line
of · n~-~,~l tool; and t~ the mesa
hclght level between caves ~ rld~us
~or s ~able, hip or ~,ambrel roof PRO-
elevator penthouses, ta~ks and stmular
projections shell not be included in
the height. For bulldin~ ~e~ back from
the street line sad where no curb ex-
~ the height my be measured from
the ay·rede elevation of the ground
surrounding: the hulldinL
detached bulldl~ declined for or oc-
ctlpled exclttsiYely by one (l)
detached or semi-detached butldin{
designed for or occupied -,~{vaively by
two (l) /anlllleS.
Io~ or occupied asa h~me !or threa
or more ism!lies or househclde,
independently o{ each other.
used for the stors~ o! one (1) or more
owned and used by tho owner or ten-
sa~ of the lot on which it ia. erected,
· two (il additional vehicles (not
owned or used by other~.
omer than ~ privet· ~m'a~e, treed fo~
power d~en vehicles, or where such
?ehlcles are equipl~d fo~ oper~tion,
paired or kept for r~.muner·tion, hire
the more or le~a temporar~
place of individuals who are ~
Pa~e 1
or without meals and in which
usuail~ occupied sl~l~ and no pro-
visiun made for ~ ~ ~ ~.
~d app~m nGt ~lo ~
~ ~ ~ old au~mobfl~ ~,
I~~A lot ~d at
~e ~o (1) ~~.
I~-~UGH~ ~ lot
a 1~ ~ d~ h~
t~ ~e~t ~w~it
lot ~e ~ ~, ~ ~, ~ ~
cue may ~) ~ ~e ~ ~ a~
o~ ~ ~d ~ ~d~ n~
~ ~ud~ ~t~ ~ ~ of
a~ fl~r ~d ~ ~ of ~e fl~r
~e it, ~ ~e ~ ~ it ~d
~, ~p ~ ~m~ ~f, ~e ~B
p~ of w~, ~ ~t i~ ~ (2)
~ of ~.
~ ~ ~ ~, ~ at~ ~ ~e-
w~ ~t ~ ~ ~ded
her~
~ Y~ ~d ~en
· (nu~ a street Line)
'whole width of the lot.
~7--~ YARD--The required ogen
sp~ce exte~s~_- alon~ the ~de lot lines
from the front ~ to the rear yard.
of · ~O~ ~=11 be the to~l
ured inside all of its beun~.
ARTIC~ 1I
D~
-~ECTION ~--.USE DI~FI~CT
19..~OUL~ONS--Por the purpose of
~ Ord~e, the Town of ~outhold,
outside of the Incorp~ated
Js hereby divided into three (3) ~1~
of d~ which ahelT be
#A" RESIDENTIAL ~ AGRIGUI~
a~ chvwn upon ~e Bufldln~ Zone Maps
which accompsn~ and which, with all
SECTION 202~No bu~; ~ be
erected, ~ltered or used, aud no prom.
ptu'pcee ~tted in th~ ~me in which
~ I~flg~.ug ~ ~r~s~ b located.
SECTION 20~-The h~undarie~ be.
tweon d~trlcts ~ Unless otherwise
i~dicated, either street lines, railroad
f~ht~-of~way or such lines e~nded
or ~es parallel theret~ or boundaries
of suhdtvt~ons. Where f~ are
shown on the ~!n_- maps between
street and s d~trlct boundary Bue. the~
indicate that the d~trlct boundary line
run~ parallel to the street line at
incatlon af · district boundary line
~ not otherwise detormtned, it shall
be determined b,y the scalo of the map
street layout, actually ml the qround,
varies from the street layout as show~
on the so~.; maps, the de~u~tton
show~-on the mapped ~ shall
~pply kl ~uch t way as to car~y out
the real intent and pure.er of th~
question.
SECTION ~04--Whero a district
boundary line dl~tdes a 1o~ in a s~n~le
ownership at the time of pa~a~e of
this Ordh~nce, the Board of Appes~,
as hereh~fter ~m-o~lded, may perm~
the less ~-estricted use t~' extend to the
whole or any p~rt of such lot.
"A' Resldenthl and
Dktrlct
SECTION S0~--In the 'A' Restden-
t~l ond Agricultural l~-triet, no butld-
bufldin~ -~-" be hereafter erected or
th~ Ordin~nce, except for one (1) or
more of the followln$ uses:
~--churches, schools, Hbrarle~.
~-Non-comme~ci~l p~, p SE~ON
~ a~ fle~
]~ ~ Z~ (~) ~ ~ ~ ~
~e ~e at ~ of f~.
~ n~e~ ~ ~u~ ~ ~e
~m~ or ~ ~ ~ on ~e
~. ~e (1) ~ ~ ~
~ ~t ~ ~-fo~ (24)
~e ~e o~ ~ ~ = n~
p~u~ p~u~ ~ ~ ~u or
l~e (D ~ ~ ~ nct
~ ~ (~) ~ f~
~t ~ ~ ~ ~t l~ than
~ (10) fe~~B~
~ of se~ ~ ~ of ~e.
one (1) ~ ~ ~ ~v~ ~ ~a
of n~ more ~ ~-fo~ (24)
~u~ fe~, w~ ~ p~ ~ ex~
fl~ h~ (~) f~t ~ one ~
h~hw~y or hl~ ~ w~ ~e
~c~o~ ~ ~d ~t 1w ~
t~ (10) feet ~ ~ ~de ~e ~d
~ ~t~m of ~ ~ p~ ~t I~
~ ~r~ (3) f~t ~e ~e ~d.
~ ~e p~ ~d ~ve 6 ~e
of 1~ ~ fl~e h~ (~) lee~
the #A" ResMont~l and
SE~'A~ON ~"A"
from ~ ~t ~
ten (10) f~
PRO~ ~g M ~e ~ ~ a
~d~
SE~ON ~'A" ~
five ~)
· held In single and eeparate owll~&inP
at the effecUve date of this
t~.ving a total depth of less tiS~l~ne
hundred (100) feet, a 6Ingle ~amfly
dwelling mai' be built thereon with
roar I'ard of less than ~wenty-flve (25)
feet, when authorized as a special eno
eeption bi' the Board of Appeals as
hereinafter provided and PROVIDED
lurther that in no case shall the rear
yard be less than fifteen (15) feet.
SECTION 309--~A" ACOESSORY
BUILDIN(]S--In the "A# Residenthd
and A~rioultural District, acee~ory
buildings nmy occupy forty (40) 9er-
cent of the ~equtred rear yard up to
an average hel&ht el eighteen (12) feet.
The I'ard area a~owed by such ec-
eessory bulldin~s shall be included in
computing the percento~e of lot area
to be built upon and pROFIDED
further that no ~ of any kind
or nature shall be built w~,, three
(3) feet of &nF lot line.
SECTION 310--OFF-STREET PARI~-
IN(i} A~EA--Xn "A' Ff~tdential and
Agflculturo/Dletricle, no building
be hereafter erected or altered or
added to in excess of fifty (59) percent
of'its are~ prio~ to th~ adoption of
this Ordinance, unless not less i~-
one (1) par~l"_~ space for eeeh f~mfly
unit therein ~.I~ be provided for, For
ull plices of public ossemb~ Includin~
lic gathering lilacee erected, there shall
be provided not le~ than one (1) park-
ing space .for eash seven (7) permanent
seats in such buildings or for each
part of the total area ~thl. such
building or structure as le er may-be
made available for seven (~) po~nan-
ent or temporary seeta. The formula
for providin$ an adequate parking
area ts an area of three hundred thirty-
four (334) square feet per required mo-
tor vehicle unit
'B" Business District
SECTION 400--In the "B" 18%tsinees
District, no bulldil~ or promises
be used, and no buildh~ shah be here-
~fter erected or altered unless other-
wise provided in this Ordinance,
cept for one (1) or more of the fel-
lowine uses:
I--One (1) family or ~o (6)
dwellings-' multiple family dwelldngs
(provided aB requtromenle as are out-
lined In ~A" ResidentS/ sad A~rleul-
tural District ale complied with).
'A" residential and A~rleulturul Dis-
trict.
· --Hoteis, motels, motor Incl~es,
boarding houses and similes establish-
menle.
4---Hcepitsle end ~,c-~, other
those for infectious or contagicu.s dis-
eases, or insanity or mental dlsease~
or liquor or drug addicts.
5--Offlees, b~-k~, f~-~-cle/ institu-
tions, telephone, tele~'r~ph, gs~ or elec-
tric businece.
~--Places of amusement.
8--Restaurants, bakery shops, con,]~each ten (I0) feet or fraction therof
fectlonery or ice creem chop~ or f~which the building exceeds fort.T (40)
torles. Vect Ln helsht.
9--Pubilc garages or automobile ser- SECTION 407---'B" DEN~XT~ OF
vice stations when approved as t spec-
~al exception by the Board of AppeaLs
as hereinafter provided.
10---StoraKe houses, stables, express,
carting er hauling offices or statlens,
ice manofacturlnL yards for stez~e
and so/e of coal and b, tM!-~
II--Newspaper offices or Job p~utin~,
book bInderies, laundries, dry
er dyetu~, undertaking establishment&
12--Crcomery, butter or cheese
making, milk bottling or distributh~
stations.
13--Shops for cm-penter~ phunbe~
blacksmiths, upholsterers, electricians,
makers, optic/aha, m-wi,m! er sclentifle
trades or USes of a s!,-fl~
14--Commerclul docks, piens, lerry
slips, terrf houses, ~sh~,~5 stat~ous,
boat yax~s, bus stations and terminals.
l~--Auy ,.~,,eo~ttlx~, fabricating,
aforesaid permitted uses &nd which Is
a necessary Incident und accessory to
the prspar~, tion of articles to be sold
primarily on the prp~l~s Or to the
performinE of a service prJm~ly for
residents of the neighborhood.
16--Aceesso~y use on the same lot
with and customarily incidental to any
of the above permttted
SEOTION 401. No bufldinf may be
erected, altered, or used. and no lot or
premises except for a~riculture my be
used for 8ny trade, industry or business
tlmt has been adjudicated a public
nuisance by a coart of record.
the "B' Business District, no buildin~
hereafter erected or altered ~h~ll ex-
ceed fifty (30) feet.
~ECTION 40S.--."B" BUXLDINO
AREA--In the "B" B-~-ess Dtst~ct,
or treed in whole or In part as a dwell-
Ing to exceed seventy (TO) percent
the lot area.
SECTION 40~--~# FRONT
In the "B" Business District, the
qutred L-ont yard shall be at le~t
twenty-five (~) feet.
SE~L'XON 40~--Whero property in
the vicinity is partli' built up with
permanent buildings sad an averse
setbe~ line has been established, no
buildtnss hereafter erected or altered
shall project beyond the line of the
average setback so establtshe~.
SEOTION 406.--~B" R~A~
in~ is used in whole or in part as
having a minimum depth of flltsen
dwcllin~, there chall be · rear Ford
(15) feet. PI~OVIDED further that, in
the c~e such buiMm_~ Is over fef~, (40)
feet blah, the depth of the rear yard
shall be increased five (6) feet for
Page 3
pOpULATION--In the "13" Business
District, no bulldin~ abslt herenfter be
erected or altered t~ accommodate or
make provisions for m~e than twenti'
(20) fmmflles GI~ es~e (D ~ of ~'r~und
or ~ tbsn a propo~b~u~ llv3ulbe~ of
~..mes on a ~ractic~l past of any
acre of land, hosed on the requtre-
SECTXON 408--CO~A~XAL
VE~TTS~TNO BOA~D9 -- In the
ing buards shall not usceed sin (6) feet
high by ten (16) leer ~ the bottom
of whloh almll be at l~ot thr~ (3)
feet from the ~roumi earl so placed as
to be at least five (59 ~eet dktant trom
SECTXON 409--"K~ ~,~.~' OF LOT-
on a lot of an sro~ lees titan eeventF-
five hundred C~,~) ~qus~e feet or
up~ a lot hovin~ a f~nta~e of less
than fllt~ (~0) feet,
SECTION 419...-..O~
P~ AREA -- In '*B" Buslne~
eses of fl~ty (~) poroent of its aren
prior t~ the adopt~n ~ this Ordinance,
u~ · ,-~,t,-um provislen for off-
street part~_~ abel! be z~ade as follows:
(a) Huspitale- One (!) parkthg
~pace for ever~ four (4) bed~
(b) Theatres--One (D Pardi-_* space
for every CD se~ts.
(s) I~111~,.~1 -- ~ (1) pBl'¥t~_
spsce for every dwcllinw uult
(dl Hoteis -- One ¢1) parlring space
for every L~o C2) r~ms.
(e) All places of public a~embly
such as audltorl-,-~= chuschas and for
~,-"-- uses -- One (1) pask~g space
for each ~even (~) per~a~e~lt seats Or
manent sea~.
provided for each offloe ~r for each
(g) All other b~nem
where the ground fioor area k in en.
ce~ of L'wo thennnd five hundred
(2200) squ·ro feet -- One (I) ~king
space for each two b-v~ed (~00)
sqoAre feet of butMm_e are~ or fro~
tion thereof in excess of tw~ thousand
five hundred (~500) square feet.
The formula for providing a~ ade-
quate i~arking aren is an area of three
hundred thirty-roue (334) equate feet
AItTICL~ ¥
*C" Iudustrtal Df~triot
SECTXON 500--Xn the "C" Industriul
Dtstrtct, bi1 bu~m.~ end promises, ex-
cept as o~.~eise provided in th~s
Ordlnance~ may be used fer any use
l--Abattoirs (except as a special ex-
· ~hsll'have the power to var~
the ~ppttcs~on of such regula~ns
that ~e w~t of ~e
DIUrlON ~ BY ~P~CA~ON
T~ BO~ OF ~).
of A~ ~ a~e ~f. ~e
c~ ~d %f~ no~
~ fo~:
~, ~ Bo~d of A~ ~ d~
(1) ~t the ~
~e o~orly ~d re~n~
adJa~t ~e
~ ~tw~ ~~ ~
~ ~ ~ or of
a~ ~d ~ of ~ O~once.
~e ~ of A~ ~ ~ ~ve
~ d~t ~d ~
of su~ ~ f~ ~e
~t a~p~ ~ of ~d;
(4) ~ ava~ of
~ pub~ or p~
~ ~w~e, r~ ~ o~ ~t
w~e) ~t m~ ~
~ or ~ a ~t of
~, d~C, ~h~
)tione3 facllttie~ tf ex~sUn~, or it pro~
r~naMy ~ ~d a~
or adjust ~ ~e 9~ w~ ~
or ~ ~ of ~, ~
or by ~ ~ ~ ~ ~
~g of a p~
fff~ (50) f~t ~0~ ~
rads sh~ll be increased by
one (D loot for e~h add~th~ ten
(10) feet of auch ext~-.nalon-
SEOTION 8~-The Bo~-d of Ap*
peals _.~1 ,m~e rulea as to the
nor of filln~ agposia ~r &ppllc~tiom
for special e~cepUons er
SECTION a~-U~n the mi.; ~tth
of on ~pplicatlon for ap~l~
or variance, the Board of AP~ ~
fix · time ~ud pl~ce for · public hear-
of as foliow~:
(al B~ publiahl~ · notice thereo!
&~,TIOL~ rf
SECTION 9~--The Town
upo~ its own motion or by puU~lon
by pr~eedt~ In the iollowl~ m~nner:
SECTION 9~l--The Town ~ by
public hesrt~ on tho ~ smend-
(al By push.bm_, a notice thereof
weeks in tw~ (il N~ ~
' e~l circulation published in th~
(b) Th~ notices ~ stats the lo-
(ol The Town Board, before adver-
tis~ for 9~lic heorin~, ~ in ·
written r~eat, luairuct ins Town
plannh~ Beard to prel~re on
report de~nlnff the cond~ons de-
~ribed in · peti~on and dateable- the
SECTION 9~--LU c~e, however, of'
· protest against such c~e,
or more. either of the area of land
of th·r. ~mmadlate]~ ad~.ce~t thereto.
exte~,!n_e one hundred (lOOI feet
feet from the street ~renta~· of such
opposite land, such ~tment
not become effective except by the
favorable voto of ·t least four
members of the Town B~rd.
SECTION 90~--At · public
full opportun~T to be heard -h-' be
slYen to an~ citizen ond all lmrtks in
interest,
SECTION l~00--In · Res~dential and
A~icultural D~trict where'· lot .shuts
sidereal to front ~-~ lmm · Zront ~ard
on the street and also' on the
m~F be ~-_~_~porated in the bu~ldh~ or
attached thereto re~-dless of dt~a~ce
SEC'~ION 1001 ~ Notwitl~
any other pro¥1sion~ of this O~
all automobile ur o~ ~-~ ~ ~
~ o~ ~ wi~ ~e ~-
p~ation of 3 y~ f~m ~,
~ble a~ ~ ~ f~ ~ ~d
i~c~ or he~ ~!e~ ~d
~e p~lph~ of ~a ~ ~ f~ a~
a~r~e 9~ ~ ~ ~ of f~e
or h~ge s~ ~ ~b~t ~ ~e
SE~OH 1~ ~ No~
any ~ or ~ ~ ~ ~-
~n~ at ~ eff~ d~ ~ ~ Or-
t~ Dh~, a~ ~t ~
ol five (5) ~ ~ ~ ~ ~
d~. ~e ~ ~
SE~ON 1~ -- ~ ~ ~
m~a~, ~ f~t ~t ~ ~
e~ on f~ ~ not ~ 1~
~e r~e of ~e ~ ~t
~Mlc ~ge f~ ~ ~ ~ee (3)
s~on ~ ~ ~ ~ ~d ~
~ wl~ two h~ ~) f~t ~
pubBc ll~, ~, h~ ~
p~e.
SE~ON l~P~G
P~No pu~c p~
SECTION lO~6--On any comer lot,
no waB, [ence or other structure ~
be erected or altered, and no hedge,
tree, shrub, or other ~ ~ he
m~lntained which n~y c~use danffer
t~ traffic on a street by ob~cu~n~ the
v~w, m~mmn o~ twenty (~0) feet.
SECTION 1~ -- NON=CON~O~M-
lNG USES--The h~wful use af & bu~l-
in~ existin~ on the effective d~te of
bufld~n~ permit issued pr~r thereto.
does not conform wRh the
of this Ordta~ce and such use nla~ be
extended throughout the b~lctin~ l~w-
may be cha~d to a u~e of thesame
Wheneve~ a district ~ here~ter be
ch~_eed d~r~ct me~ he c~uttunsd
chs~ed to a use ~ a ,,Iron,= or hi,her
cla~ficat~n, provided all or,her regu-
lations gover~ the new me are
plied with. Whenever a non-conform-
ln~ use of the bulldh~ h~ bee~t dis*
continued for a period of more than
two years, or ch~n~ed to & h~her
classification, ~r to a co~L~u,~ng use,
auyth~n{ in this 5ectl~ to the con-
trar~ notwithmtandm~, the nun-con-
forn~ng use of such ~ chall no
lender he p~l~ted unle~ a variance
to such non-conformln~ use shall first
have been ~anted h~ the B~ard of
A~eals.
SECTION 1~ ~ ~DA~ ~
~o~ed on the Zonh~ ~p, they shall
b~ considered to ~ with~ tim "A"
no s~ruetu~e erected t~hereJn shall be
Town ~f Southold except upon the
proval of the Board of Town Trustee~
SEC'Iw. ON lOO9--V~ r.rr ~Vl'y--..~hould
d~-~e be declared by a court of
competent Jurledlcti~tt to he lnwdld,
such decisions ,,hah rmt effect the
id~ty of the Ordt~n~,,. ~s a whole mr
SEOTION
ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957
P~e 6
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK. COUNTY
NEW YORK
APRIL 28, 1958 PRICE 25c
tlC~ 300, Subdivision ?, adopted '-~~'. ~ "~~~. "' ?'
March 29, 1962 and became effectlv~ '
April 19, 196~. }
ARTICLE III] SECTION 300, SUB-
DIVISION 7 --
7 - Accessory buildings, includ-
ing one (1) private garage, when
such accessory buildings are located
in the rear yard, or a private
garage w/thin or attached to the .
d~e 11 ing. .
(Amendment to Article IV, Section
408, Subdivision (b), Subsection 2.
adopted March 29, 1962 and became
effective April 19, 1962.)
ARTICLE IV. SECTION 408, SUBDIVISION
(b}. SUBSECTIO~ 2 --
2 u EXceed in width one hundred (100)
percent of the horizontal measurement
of such wall.
(Amendment to Article iV, Sectio~
408, adopted March 29, 1962, and
became effective April 19, .1962.)
ARTICLE /V.,.SECTION 408, SUBDIVISION
(c) - ROOF SIGNS - In lieu of a wall
sign authorized by the preceding sub-
division (b), a roof sign shall be
permitted provided the same is
mttached to or incorporated An a roof,
~hich. sign shall advertise only the
)usiness conducted in the building
~pon which it is attached, and pro-
;ided that such
1962.
1963 and
· ~.TIC~ V, GEC:TXC~ 500, 8U~DI'Y~SXCX~ 1.
SOO, Su~c~Lv:LBAo~ 7, a4c:~.e~ ~reh~uazy
2G, 1963, a:~l. ~ e£~c=tAve
APr:L1 -1, 1963. )
ART~d.E V, IL~C. TTC~I SC)O, SD~DZ'VLgX~ 17.
17. Ga~blig~, o£~ml ox d~d
(Amendment to Article X, se~tJou 101~
adopted AuL~mt ~ 19~ ~d b~me
eff~tiv~ Au~st 3X~
BlJlLDING ZONE ORDIN~IE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
(As Amended to April 8, 1958)
An ordinance cl~'2h~, regulating
aha res~A-lofAug the height, munber o~
e~rAes, raze a! buUcLb~a and atilt
~e~es, ~ percen~ge o~ 1o~
m~y be occupleG, the ~ze o! yards anc~
o~er open apaces, U~e den~ry o~ papua
l~tion, the loc~ton and use o! buUd-
lngs, s~rucLures and ]and ior Lrade,
dusrA?, residence and outer purposes,
· pply to and affect only ~uch part o£
tho t~wn our, side the limtt* of any
bo-~--tes o~ districts gor ~d pur-
t~¥, mo.da ~ ge.~a~d we~aze o! tb.a
Town of flou~hoM with ream)n~ble con-
~.~&tiO~ ~ Oth~ ~h~n_~s to t~
most desirable use ~or wl~lc~, the land
o~ e~h district may he adapted, ~a
o! & distract, the conse~v~'~ o~ prop-
erty v~ues stnd the dlrecttml of bu/ld-
well con.tiered plan ~nd ~ to est~b-
re~dationa u prescribed b~ the sta-
tutes.
TABLE OF CONTENTS
Short T~tle Section
~cle X DeflnXUons
Attila l~ l:YmtrLct8 200
~4~.culmral D/g~ct
Arttcle mA '~M" ~nltiple Re~l-
a~e~ l~tr~ct 350
Article IV
Article V
Article ~I
Art/cie VIZ
Article v.t,u. Boar~ ef Appends 800
~e X~ ~tm 900
~u~, ~ ~, Sm~ of N~
Y~ ~ a~ i~ of ~ ~w~
~ ~ ~d hw ~ve b~ ~y
com~ ~
~ au~ ~ It ~ ~w ~v~
h~ ~ ~d ~ ~ ZoO-
of ~u~ ~o~ ~, N~
~'~ON l~f~ the
~ f~:
~c~ ~ p~ ~ ~e pl~ ~e
the word "s ·~, the ~or~ '1 ..~lly occupted mn_ely ~ ~0 ~ro-
gable, ~tp or gambrel foo~, the wall
~U~ ~t~ON~
~ c~e ~ ~ ~p~ ~
~e ~ ~ a ~, ~
~d~d~~
h~
~u~.
~de of ~ ~ ~
~ h~y ~d~ ~ ~ ~) ~
u ~o~ ~ ~e ~ ~ ~
~ON ~ -- No ~ ~ ~
~ ~t ~e ~t ~ ~
be det,(~,'mln~t by tile isca~e of the map
meaaurecl from & ~lve~ line. Where the
street la, out, acmal~ on the eround.
varies h~m the street layout as shown
on the renan_* n~pa, the de~nation
shown ~l the rapped streets
apply In ~uch a way as to car~y out
the real ~ntent and Fsrposes of th~
~wnerah~ at the ~,- of paaM~e of
th~ Ordlmmee, ~he B~erd ~f Appeals.
whole or aa~ pext of tach lot.
'AC R~ddentlai and
Dbtrkt
~EorlOtq' 3oo-.Y~ the 'A** Residen-
tial ~ A~ultural District, no ~m~lld-
b~_* ,~=. be hereafter erected or
this. ~e. ez~pt for orm (D or
mo~ of the folk~ u~s:
beaehes, b~hhom~ or t~thouse~
SA~Marlnes of bo~t b~ns for the
of noncommel~d b~ta when au-
the ~ of Appe~k u hereln.
ent~ (doe~ not include ~.rms for the
ral~ or breedine of ducks).
· --Club~ fraterntt~ houses auW
(D ~Avate ~ when located not
8--~es customm'~ tn~lental
clede the p~'M-~al office
studio of a doctor, de.fist, teacher,
artSst, a~chlte~ en~neer, music*
fan. hw~er, ma~strate or
that the office, ~ or oecup~
h~g ~n which ~e pmcMMoner resMe~
Bnd PI~VXDED £u[~er, no seeds
are lrdbUely displacer o~l the prem-
Ises and no ~ or advertisement
Is shown other than a ,~? not htr~-
e~ that two (~) ~mre feet In total
are~, beart~ only the name and
occupation (words only) of the
~--The sale at retail of tL,'m ~r-
den or nursery products I~*~duced
on the l,r~t~ses or of a~lmals rg~ed
~ ~e ~ ~e (D ~v~-
~ ~ ~ ~e ~ ~ble
~, ~ ~ t~-f~
(24) ~ f~ p~ ~e ~ ~-
on ~ ~
~e ~ ~ f~ not ~
~ ~ (D ~ l~-
~e~ on w~l~ ~ ~-
~p~ ~or 1~
~ or ~e ~e ~ lo~ ~ t
~ ~e ~ ~ f~ n~
f~t ~ ~ ~ ~ ~
fl~ h~ (~) f~ ~ ~e
~ (1~ f~ of ~n~e
on ~ ~y ~ ~ ~
~ ~'~ M:~t' ~k not
~e~ ~eof
~e ~ ~ ~ fl~ h~d~
II~ ~ ~d~ ~ ~ 4~
of ~ ~ wh~
D~ ~ ~_ ~ ~d
(~) f~ ~) ~
~ ~y ~ ~ ~ a h~t not
s~ for ~ f~ ~ ~ ~-
~t ~ ~e ~ ~ ~
,h=. ~ ~~ alot
~ ~ hu~ ~{ f~
SEOT~ON 305--Wb. ere proper~y /n
~ vtctx~y is parUy blllll; ~p
averse ~Cbac~ ~
vid~
SE~ON 30T~A'' ~ Y~
~RO~D~ ~ M ~ ~ ~
a lot.h~ ~ ~ ~ ~
one h--~ (I~) ~ ~ ~ ~
on wl~ ~ ~ ~ ~
w~ au~ ~ · ~ ~-
S~ 3~A" ~A~ y~
~-~e (~) fe~
dwe~ ~ be b~ ~ ~ a
~d be 1~ ~ ~ (~) f~
~ of ~e ~ r~ ~ ~ ~
~ b~ ~ ~ ~ud~ ~
~m~ ~e ~e ~ ~t ~
~ ~ ~t u~n ~ ~
(3) feet of ~ ~t ~
of lt~ area prior to the adoption of
~ of ~e ~ ~ w~tmn ~
, Xo~ (33~ ~ feet ~ ~ ~-
~c~
~d ~t ho~
~ on a ~ w~ au~
BETON 35~ Y~ --
with said average ~etback lines
projected to a point o~ intersection.
If no avenwe setbac~ lines have
~ee~ est~bli~led, the req~'ed
yard aha11 not J3e ~ ~
five (:~) feet ~ ~ st, rae~ line
cept~on by the Board of ~M~mls ~
hereinafter pn~Jded.
SECTXON 357--~ZDE YA~D~ -- In
the #M" Multiple Residence Dis-
trict, Lhere shsll be two (a) side
~rds, cae (1) on each side of
five (l~) feet and no one fl) aide
~ ~-' ~e lea~ than t~n (10)
SECTION ~--I~.~-a~%
the "M" MMt~le ResMe~ce lYmtrlct
a n~nimum depth ~ twe~tty-flve
¢~5) feet.
~ECTIOI~ 359 ~ OFF-~A'~A'
pA.mVt'TNO AREA -- In the
M~ltiple R~ide~a DIstric~, no
bufldln~ ,~.n be hemdter erected
or altered or added to in exces~ of
flft~ ¢~0) pen=e~ of its area prior
to the adopt~n o~ this
street parktn_~ shall be =lade as fol-
lows:
space for each famfl~ untt.
Cb) Hote~ bcyardms and
hou~e~--One (1) par~lz~ space for
each two C2) ~zesC roon~
(c) Motels Lud Tour~ cartages--
One (1) parking apace for e~ch
S~-A'AON 3GO--S~QI'~G--Tn the ~
Multiple l~.ttd,nce District t~e fol-
(I) Slgus permitted in ~u '&"
Residential and Agricultural Dis-
(~) On't~emlses used fur hotel.
purposes, unle~ otherwise provided
as a special exception by the Buard
of Appeals as her~--~er provided,
one (D adve~ ~ either
single or double faced n~t e~
fifty (50) square feet in ~rea adver-
on the p~mJses and set back not
less than five (5) feet from all
street and property
AItTXCLE IV
be used, and no buildin~ shall be here-
wise provided in this Ordinance, ex-
cel~ for one ¢1) or more of the
lomn~ uses:
I'Ve (X) ~emlTy or ~ (2)
Notwithstanding an~ other
sions of this Article, such
when erected or altm~d ~n · ~B
Business Dfstrtct shall compl~ with
the prmdsions .of SeCtion '~I to ~0~ '
*-ifospitals and clinics, o~ ~
n~ by · c~ of ~
~1~" Bl~nesa Dl~tric~ no htlll'in_~
hereafter eeected or altered shall
ceed fifty ([0) ~eet.
SECTION ~B" BUILDIN(~
~0 bll~,~in_~ sh~l! be erec:t~d o~ altored
or used M whole ca- to part as a dwello
~ng to e3esed Jees~ty (~0) percent of
the l~t e~es~
SECTION ~0a.~'B- FRONT YAI~D--
In the 'B" qusine~ D~st~ct, the re-
quired h~)nt yard =h.n be at leu~
twenty-f~e (~) feet.
SECTION ~Where property in
~he ~,~tty Is p·flly built up with
pe~nane=t bufldh~s and an averap
be~Lin~ herea~er e~ed or ~ltered
a~era{e ~et~ ~o e~
m~su~edin~d~loormpart ea ·
havin~ a ~.m depth of fifteen
(15) feet~ PROVIDED furt~ tha~ in
the ca~e ~ I~,.mW Is ever ~ (/,0)
~eet h~h, the depth o~ the rear ~ard
~ be incre~ five (~) ~est
~eet in
~EOTION ~T---"~" DEl~r~'x OF
arected or alin~ed to -~e-~o-m~'~in or
n~ ~3rov~ ~or more th,m twenty
otherwiae author2ed u ·
except~n b~ the ~ of
as her~n~tee provided, the follow-
(a) D~TAu~,~,, OB
~I(3N~--One (11 ~ ~le or
double f-___-ea~ net more _~ ~x ¢6)
feet dx (8~ in.es th h,,,l~ht and
twelve (1~ feet six (8) ~hes in
width, th~ lower e~fe of which
shall be not less th,n three (~) feet
th,, fifteen (15) feet ~:c (~)
· above the ~und, which a~n shall
be set back not le~ than five (01
feet ~ all stree~ and prepert~
llnes aud =hah advertise only the
b-~e~s conducted on the prem-
(b) War.n BIClt~TK--One (D
attached to or incorporated in each
Imflding wall on a public street ~nd
a,:~:.~Jl~5 only the bm~nese con-
~uch ~n :doe. not:
1. Excesd two (~) .quare feet in
total ares for each hor~tal fcof
¢76) percent of the hori~ntol mea-
~. Exeeed ten (10) feet in height.
and
4
flf~en (15) feet six
(6) inches from ~ level to the
upper edse of ~n,
6. Pfo~ect more than one (1) foot
SECTION 4~--"B~ ~ OF LOT
AREA--In the "B" Bus.ese Dis-
or ~
~ ~ ~ ~-flve h~d
~ I~ ~ fff~ (50) fee~
' ~ a ~ ~n for
(~ ~ ~ ~ (D ~r~
~ f~ ~
(1) ~
(d) H~ ~ O~ (1) ~ ~e
for e~ ~
for ~ ~
(D ~ ~ wh~ off~ or
~d~ f~
~ ~-~ (~ ~ f~t
1--~ (~t
~
or ~ ~
frontage of Ieee than one
(100) :~ee~.
~ON ~ ] 0~1
PAP~O &R~.-7.n the "C" Indu~-
trial ~
lo,ow8:
fl~ ~ ~ t~ ~d five h~
~ ~ ~ ~ ~wo ~m~ five
(7) p~-~
(c)
p~ r~
wh~
t~
wh~
or ~
ly.
A~ ~ F~
son u d~
~he~~~
~ON ~Ol~e
for ~ ~ ~t ~d ~e ~-
spector has cert~ied that
me ~ of
~ ~A p~
for~~m
~t all ~, ~l~ht
~ON ~
~ P~ m ~
ad~ ~ ~
f~ f~ ~ ~ ~
he~ ~ ~
f~ ~ ~ d~
SE~ON T~l
p~e~(1) ~~
~e ~e~ ~e
~ ~ five (~)
~ ~e ~ ~w.
de~- ~ ~ ~e
OF ~A~.
he o~ pubBo
DX~ON ~ BY ~OA~
~ BO~ OP ~ivR).
(1) ~ am. ~ ~ ~
the following:
(a) ~efore such approval shall be*
(1) Th~; the use will not
the orderly itlld reo~on~_h!~ u~
~cenC pr~_~es or of properties In
adjacent ~se d~lote;
(2) Thst the use will not prevent
the orderly and rmuson~blo use of per*
mittod or legally esU. h,*~h,~l. USes in
the d/strict wherein the pro~?_a_ use
to be loc~tsd or of penntt~d or legaby
~rlets;
(3) That the nfet~, the h..!th, the
or the o~er of the Town WIll not
adversely 8~mutad by the gm2pesed
and its location; and
(4) Thst tho uae ~ he In bar-
purposes &ud Intent of Uda Ord/nam~
consh/erat/on,~ among other
(1) l~no charsutsr of the ex~sW2g
and probable development of uses m
of such dletrtc~ for the location of any
of such perml~ve uses;
(2) The eousorvatlo~ of proper~
mo~ appropriate uses o~ land;
(3) The effect that the loca~on of
the proposed use my have upon
oraa~lon of undue Inersem of vehlculor
trs~lo congestion on public s~reete or
highways;
(~ Tho avaUab~ of adequate and
propor publlo or privats ~acil~e~ for
the trsu~ment, removal or dischsrle
of sewage, refuse, or other e~u~t
(whether liquid, scud, gaseo~ or other-
by or aa a result of the rose;
(6) Whether the ~ or materials
Incidental thereto, er predneed the~-
by, ~ f/ye o~ obnoxious psee, odors,
smoke or Soot;
(6) '~hether the rose will camee dis-
ch&rges, dust,,Ught, vlbr~ten or noLes;
(~) Whether the operator& In puro
Interferenee with the orderly
by the public of p&rkin~ or of reere~
posed by the Tow~ or. by other com-
petent Governmental agency~
(8) To the neeeestt~' for
surfaced space for ~ of off-
s~reet p~efn_~ 0~' v~hlcIes Inciden~
to the rose, and whether such Rpace
reuonably adequato and appropriate
and c~n be l'U~t*hM by th~ ~
of the plo~ wu~ht to be used within
or ad~ase~t to the 91~ where/n tho
(9) Whether & hazard to life, limb
or prope~y because of fire, flood,
erosion or gu~n!~ my he ersutsd by
reason or se a resu/t o~ the use, or
or by tho lxmeees~blUty of the prop-
venient e~t,r~ &nd oporaUon of flr~ &nd
. other smer~ency apparatus or by
undue concentration or assemblage of
persons upon much plot;
(10) Whether the use, or the
centratlon of pupulstlon;
(11) Whether the plot are~ Jf suf-
ficient., itp{n'opriato ~ adequ~,te for
the use and the r-~_~bly ant/cipated
· operittlon and expaus/on thereof; and
(12) Whether the m to be opomted
ts unreaaonaMy near In a chin-ch,
school, theatre, re~e~tlousl sre~ or
other place of publlo
(o) The BOLd of ApM ihall, In
it may dean ipproprJate, ~.'~_---,y or
deAdra~o to preserve and protect the
Ilo eon~an~.eee__ and welfare and ~ust~ce
will be suhtsnthlly ~ end pro°
vMed tlmt the legally estobUshed or
permitted m of neJghborhsud proper*
ty and adjacent m dlstrl~.s will not
be substantially or per~-,~ntly in-
Jured, the Board of Appeals may, after
pobllo notice -,~ hem*lng and aubJec~
to approprla~ eondltlons and safe-
(a) *Where & d/wtrlot heundary Une
d~vkles a In~ which Ja proved to the
ance, and the tst~l are~ of which lot
may he ad~uged In ~xtend to the
whole or an~ part of much lot b~t not
mere th~n fl.~y (~0) feet beyond the
heunda~ U~e of the use dlstrfet In
Whigh ~ ~0~ ~ located.
be extem:Yed ts~ (10) feet or more
side yard of not le~ ~,*,,, ten (10)
tJ!n~l Wfthh.~ the lot ore~ u se
tended. Aho In mmh event, i.f the less
rest~,'~eted mm he extsnded more than
ten (lO) feet, the ~ ,-!-~,un rear
one ¢1) ~oot for e~ch add~tion&l ten
(10) teet of such e3tsnslov.
I)es~S ~ ~ ~ ItS to the
her of fflh~_e a~pe~s or appllcat/ous
for spe~l esueptlous or urbnee~
S/~'A'XON ~--Upon the ~mn_, with
the Board of Appeals of an appeal or
of en appllcaUon for specfal exseptlon
or virlanee, the Board of Agpeels shall
fix ~ t~me and pla~ for a public he,r-
Ing thereon and sbull ~dve noMee there-
(o) By publbMn_a ~ not~ee thereof
ARTICLE IX
Amsudments
8EC'I/o1~ O00--The Town Board
upon ib own mot/on or by petition
ma~, from time to time, amend, sup-
plement, change, mod~y or repel this
Ordinanee tocludMg the Z~*.~_- Ma:p,
$
by proceMt.,ff in the following m~er:
SECTIOR 901--The Town Board by
Remututlo~ idol~ed ut a st~tod meef~n~
shall fix the time and place of a publlo
heLr~g oll the ~
and cow no~ee thereof to be given
pursuant to the provisions of the Town
Law. The Town Board, before adver-
~ request, Instruct the Town
p~nnLl~g ~ to pt~pm a~ 0fficl~l
Fep0Ft d*flnln~ the o~)xld~ol~ described
il/ a petitl~l and detel3n/ne the are~
tions.
SECTION 90~-In case, however, of
a prote~ O&m~._~. much ~h.,%~e,
by the ownere Qf twenty (20) percent
or more, either of the are& of l&nd
Inginded In Such proposed *'h--"_*e, or
of that e~medlat~y sd]acent
extend~ one hundred (100) feet
therefrom, or of that directly OPPO~to
thereto, ext~ one llund.-ed (ii{O)
feet fr~n the street frontage of such
favorable vote of at least ~our (4)
n~ of the Town ~o~ed.
SECTXON 902~At it public hsuring
glveml to ~ny ei+~-,m *,,,~ all parties
interes~
General
8ECTZOIq' 1000--Zn it Residential aud
Agricultural Dietrlot wherm ,~ lot abuts
on it p~-kway, the lot ~ he
sldered to front and have it front yud
on the sheet and alao on the
and where the b-n~; accords with
thb section, a 9rlwge a_~ _A*~.y~ ISrf~e
m~y be iw~mte(J In h bulletin_f or
from ~reet~
SL'CTZON IQQI ~ NotwithetandinK
any other pa of this Ordin-
ance, &il automobile or other
7ards In e:dstanmu at the effec~ve
proride suitablo sereonh~ in the
form of ~'.n~ng or hed~se complete-
17 ~ronnd the peripher7 of the arsu
of re--inK and hedges shall he sub-
Jes~ In the &ppro~ of th~ ~
of A~
8EC'I~OIq' 1002 -- Nv~.wi~,hetandh~g
any other prortslons of th~ O~Un-
anco. any ~gn Jn existence ~t the
effecUve date of* this
which does not eenform to the pro-
V~lon~ ;or th~ (~ltn.n~e~ shah
within five ¢5) years from such
date he discontinued unlo~ its ecn-
tinuanee is onthertzed aa a apecial
SEOT~ON 100~--The p~.,~ff_ Beard
shall etud~ the application of th~ Of
af~.nee &lid Ithn11. ~ t~e to
it thau desto advinble to forthor pro.
mote the health, safety, mo~.ls or the
{eneral welfm of the
SEOTTON 100;~a- All labor
where provision is made for the
tn~ and leeding o!
~arclles~ oi the number to be
mod~bed` ~hall flraf, mee~ ~/1 req~re-
men~ of existin$ law. Farm labor
camL'~ on farms sl~ll not he located
nearer to any other reaidence ~/~n to
the readenoe of the employer except
ss a special exception by the Board
of Appeals. The loc~tlon of 8~3y other
labor camp or c~m!os not on forms slhq. ll
be subJecb to the approval of the Eon-
lng Board of ADpeals.
~ECTION 100~---~n al3y dJstrlcl,
Public Garage for more than three (3;
motor vehicles ~ncL no g~_~3e ven~t~_a
atotion ;hnu be erected or ~ltered and
used within two hundred (200) feet of
any premises used for a public school,
publlc library, church, hospital Or or-
phana~e.
~E~T~ON 1001~--~URLIO
PLACES--NO public par~-_~ tdace
be conduote~ In ~ district; excspt ss
s special exception by the Board of
~ppeal~
~EC'I'ION 1006~NO wall, fJ-,~, or
other ge~uctore and no ~ tree,
shrub or other ~rowth ,~n be erect-
ed, altered or ,~*~-~alned on any
corner lot at any point
twenty (~0) feet from the hltor-
eection of the street lines, w_~loh may
by obscu~tn~ the ~dew.
SECTION 1~0~ --
lNG U~S-~Unle~ othertetae au-
'thorieed aa a special excegtion b~
the Board of Appeala ss hereinbe-
fore ~rovided, the followtuw pro-
vlalona shall &pply to
(a) The lawful uae ~f a bulldlnw
or premlaea e~latin~ on the effee-
thorieed by · b*,tl,q~n_~. ~ Issued
~rior thereto, may be
althoush such use does not con-
form with the provl~l~a of this
Ordinance and such uae may be e~-
tended throughout the b,mm,; law-
fully acquired prior to ~ date.
(b) A non-confor~t~_' use of
ed to a use of the same or hisher
visions of this Ordinan~
· (c) Whenever ~ district shall
ist~r~ non-confor,-~; use of a
bul.M~n_e or premises in auch chsn~-
hi~her claaslfloatiom prov~,~_ all
other regulations ~o~erning the new
use are complied with.
use of a bull~in,a or ~msee has
been discontinued for a period of
more than two (~))es~ or chanSed
to a hi~her claaalflcatton, er to
confermln~ use, an~-_~ m
~ect~on to the ~entra~y notwith-
such bufldln~ or pr.,-9~s ~,~ no
loneer be permitted v~ a v~ance
the Board of &ppeal~ aa bere~n-
before pro~ded. ·
(e~ & non-cenf.ormin~
ma~ n~t be reconstructed or
rurally altered durt~ ~ Ufo to an
: IlIW (~0) percent of f~e lair vahi~ dch ~ny auc~t vlolaUon 6~! ~;,
, of ~e b~, ~ ~ ~ o~g~of a~r.~cn
au~ ~u~g m ~ m a con- wee~a ~ue~ ~l~on ~)~ ~n-
I~ ~ ~ a ~ ~ vlo~n.
val~ ~ no~ ~ ~ ~ ~- TO ~T~ S~D~ON
~ ~e ~ 1~ ~ ~ ~wn ~ o~, ~ ~. New y~ l~ed
~ ~ u~n ~ ~ o~ ~y be~ ~ (1) ~u~ five
~ T~ ~ Sou~ ~ u~ ~e ~p, ~ ~ey~ r~
app~ ~ ~e ~ ~- ~ ~ ~'~m (10) f~ on
~ ~ O~n~a ~ a w~ ~ ~y d~ ~ ~ from
~ON I~I~'i~A~ON, (D ~n. ~ ~ 8~Mon
pr~ ~ ap~F~ ~ ~v~cm of New Y~ ~ ~ O. W. V~ ~yl.
p~~~,~ ~ 16, ~ uMap~m
~ ~m of ~To~It (3) ~b~on ~p
~e De~t ~ H~ of ~e ~- ~) M~ ~ ~u~w~, ~p ~e No.
~ of ~ ~ of ~ ~- (6) ~ ~ ~ o~ ~ ~e
~e; ~, ho~, ~at ~ W~, ~u~, ~. Y~ ~p ~ No.
b~, ~ r~ ~K o~ ~ (8) W~ ~ ~ ~-
~~~KW~ o~,N. Y.~p of~
~!~, ~ ~ ~o~ ~e No. ~;
~ON 101l~~ ~ ~. y. ~ ~ ~, ~, Erie
c~ ~~ (10) ~p of ~ ~ ~u~
~ ~ ~ Shl. ~l.~.~, ~ ~ Map ~ J~ W~ ~ D~b~
~ ~W, ~ ~p~ ~ ~ ~ ~p by O. W. V~ ~1, No. 11~;
o~ my ~ ~m~ ~ ~m ~p of O. W. V~ ~L ~ ~, ~,
~, ~, ~m~ ~ {I~ N~U P~ ~ub
~o~ ~ ~t ~ ~p~ ~ ~ S~n A NC. 156;
~ ~ ~ ~ ~ ~ ~. ~ 21, 194~, N~ 1~;
~ I012 ~ ~~r (1~) ~d~ Map ~
~y ~mt~ ~ ~ or ~ (19) ~ ~ ~i~,
.ERK
SOtlTHOLD, L. !, H. Y. 11g71
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A RE~ ON DECEMBER 27, 1972=
"~v~d by Justice Demarest, seconded by Councilman Rich,
/~EREAS the Southold Town Boar. d on its own ~otion
/ -'a change of zone from "A" ~szdential and
District to "B-l" ~eneral Business District on certain
property situated at Orient, New York, and
WHERE~ the said ~etition was referred to the $outhold
Town. ~la,nn_i. ng_._Board for_of£i¢ial--~ecommendation and .....
report, and
WHEREAS the Town Board, pursuant to due notice, held
a public hearing thereon on the, 19th. day of December,
1972, at 3:30 P.M., atwhich time all interested persons
were given an opportunity to he heard,
NOW, THEREFORE,. BE IT RESOLVED" that ~he Building Zone
Ordinance~of the 'Town ,of Southold, including the Building
Zone Maps be amended by the Southold Town Board on its
own motion by changing from "A'~' Residential and Agricultural
DistriCt to "B-i" General Busin~?s, D, istriut, the following
?'. desorihed prOper .
BEGINNING at a poiht 'on',~the southerly lzne of Main
)~;/~ · '\Road .'(.Route 25) at' the n~rtheasterly corner of the existing
. . :? B-i General Business. Zone,. from said point of begi~ning
': ~]i~!'", ?' to. a Concrete:m~n~,i:Uf land,'n°w or formerly of PaPPas~
:~[~.~'~%1 ,:[.:.(running .the~,~a'.~"'1~ last..i'~entfoned the following
,!?' five ¢ourses::~n~?~ta~Ues, to:./wit: .- .: .
~,, (1) -NortOn'S6 ~egrees 33 .mlnutes 20 seconds West,
(2) /~gth~';Vsiaegrees 55"."~;i~tes 40 seconds ~ast,
95.96 feet; '~the~ '- '~
. (3) South !3~.:degrees 49 ~'minutes ~0 seconds ~ast,
14.~,...0. :'feet~ thence ;? : -:',. '::: '~- '- .:.:::~.~',' ."
-,~..~.'~) -- -(4) No~'~.7 26 [minutes 4~':;~e~ East~,
thence .;' , .~;? ;. "~_'~! ;..
:SoutB .19 ~degrees 58
less, to the
thence in a
':}S~id 'o~dina~y high Water
more or ~ess to said
existing Bo1 General Business Zoner thence aiong
said. B-1 General Business Zone, North 26 degrees
45 m~nutes ?~ seconds West, S0 feet, more or less
to the said~?~'utherly line of~?Main ~l~.ad and the
point or place' of beglnning~ '~i~
Vote of the Town Board: Ayes: Supervisor Martocchia,
Councilman Rich, Councilman Homan, Justice Suter,
Justice Demarest."
~,"Y OF SUFFOLK ~.,, ~ :... ,~.~ .' r~'~., ~. :: :'"' ' ,
, ,>f th~ Cle.k of the: I'~ r ~ · ~is'~S. to ~ffi~ ~
~ .~,- ; ';' ~'~ ~n~ of Suffolk; ~ve C~'~e fo~oi~ c~y of ~i~
-; , ..,,~ ":. w~ ~he.migi~l re~luti~ n~ ~.file in ~is offi~, and ~i~ ~ p~ ':,~
~'_ .,,.~c' ,'-' ,~<'. ;~': ~5~:'~ B~rd Of. t~,:t~ ;f ~ho~ in ~id ~n~ ~ SuffOl~ on
a corr~ and true tm~ri~ of such origi~l re~l~i~ a~ the ~le ~er~f...'
In ~t~ Wher~f, I h~ her~nto.~ my h~d and affixed ~ ~al
of ~ T~n this ..... 2.~B~.
..~./Clerk~pf the To~
LEG.AL NO.TICE
NOTICE OF AM~ND~LENT TO THE ZONING ORDINANCE
~MENDMENT NO. 95
NOTICE IS HEREBY GIVEN, that after a public hearing held
pursuant to the requirements of law, the Building Zone Ordinance,
(including the Building Zone Map), of the Town of Southold,
Suffolk County, New York, was duly amended at a special meeting
of the Southold Town Board held on December 27, 1972, as follows~
1. By changing from "A" Residential and Agricultural District
to "B-l" General Business District, the property of Constantine
Pappas, situated at Orient,Point, New York, and more particularly
bounded and described as follows:
ALL that certain plot, piece or parcel of land situate,
lying and being at Orient Point, in the Town of Southold,
Suffolk County, New York, described as follows:
BEGINNING at a point on the southerlY line of Main
Road (Route 25) at the northeasterly corner of the
existing E-1 General Business Zone, from said point of
beginning running thence along the southerly line of
Main Road, North 76° 26' 40" East 93.64 feet to a
concrete monument of land now or formerly of Pappas;
running thence along land last mentioned the following
five courses and dlstanoes,
(1) North 26° 33~ 20" West~
(2) North 75° 55' 40" East,
(3) South 13~ 49' 10" East,
(4) North 76" 26' 40" East
thgnce
to wi~
13.48 feet; thence
95.69 feet; 'thence
14.0 feet; thence
68.0 feet to land of Latham;
Legal Notice
Page 2
(5) Along land last mentioned South 19° 58~ 40" East,
5?5 feet, more or less, to the ordinary high water mark
of Gardiners Bay~ thence in a southwesterly direction along
said ordinary high water mark of Gardiners Bay, 190 feet,
more or less to said existing B-1 General Business Zone~
thence along said E-1 General Business Zone, North 26° 45~ ~.~'
50" West, 280 feet, more or less, to the said southerly line
of Main Road and the point or place of beginning.
DATED~ January 3, 1973
BY ORDER OF THE SOUTHOLD TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
PLEASE PUBLISH ON~E, JANUARY 11, 1973, AND FORWARD SIX (6)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN CLERK, MAIN ROADt
SOUTHOLD, NEW YORK .
- ~opies mailed to the following on January 3, 1973~
The Long Island Traveler-MattituckWatchman
The Suffolk Weekly Times
Samuel J. Glidkman, Esq., atty. for Constantine Pappas
Van Tuyl & Sons
Albert Richmond, Town Clerk
WHEREAS by a resolution duly adopted by the Southold Pown
Board on December 27, 1972, the Building Zone Ordinance was amended, and
WHEREAS, it appears that inadvertently one distance was incor-
rectly stated as being '~280 feet, more or less", instead of "680 feet, more
or less", and
WHEREAS, the intent of the Board was obvious, since the beginning
of the line was described as being at the ordinary high water line of Gardiner~s
Bay at the southeasterly corner of the B-1 General Business zone, and the
end of the line was described as the southerly line of the Main Road at the
point or place of beginning (which was described as the northeast corner of
said Zone), and
WHEREAS, the inadvertent substitution of "280" for the figure
given by the survey, "680'~ has prompted an inquiry of the Town Attorney who
expressed it as his opinion that the Zone was to be considered as being bound
as though the correct figure for the length of the particular line had been used,
i.e., 680 feet; and
WHEREAS, the Board supports counsel's opinion and wishes to
ratify its original intent,
NOW, THEREFORE, it is
RESOLVED that the Zoning Amendment Resolution duly adopted
December 27, 1972, be deemed to have been adopted to read as set forth below
and that all notices, publications and proceedings had in connection therewith
be similarly deemed to have been given, published and had as though the de-
scription at all times read as set forth below, to wit:
WHEREAS the Southold Town Board on its own motion
proposed a change of zone from "A' Residential and
Agricultural District to "B-I" General Business District
on certain property 'situated at Orient, New York, and
WHEREAS the said petition was referred to the Southold
Town Planning Board for official recommendation and
report, a'nd
WHEREAS the Town Board, pursuant to due notice, held
a public hearing thereon on the 19th day of December,
1972, at 3:30 P.M., at which time all interested persons
were given an opportunity to be heard,
NOW, THEREFORE, be it
RESOLVED that the Building Zone Ordinance of the Town
of Southold, including the Building Zone Maps be amended
by the Southold Town Board on its own motion by changing
from "A" Residential and Agricultural District to "B-I"
General Business District, the following described property
at Orient Point:
BEGINNING at a point on the southerly line of Main Road
(Route 25) at the northeasterly corner of the existing B-1
General Business Zone, from said point of beginning
running thence along the southerly line of Main Road,
North 76 degrees 26 minutes 40 seconds East 93.64 feet
to a concrete monument of land now or formerly of Pappas;
running thence along land last mentioned the following five
courses and distances, to wit:
(1) North 26 degrees 33 minutes 20 seconds West, 13.48
feet; thence
(2) North 75 degrees 55 minutes 40 seconds East, 95.6~
feet; thence
(3) South 13 degrees 49 minutes 10 seconds East, 14.0
feet; thence
(4) North 76 degrees 26 minutes 40 seconds East, 68.0
feet to land of Latham; thence
(5) Along land last mentioned South 19 degrees 58 minutes
40 seconds East, 575 feet, more or less, to the ordinary
high water mark of Gardtners Bay; thence in a southwesterly
direction along said ordinary high water mark of Gardiner's
Bay, 190 feet, more or less to said existing B-1 General
Business Zone; thence along said B-1 General Business Zone,
North 26 degrees 45 minutes 50 seconds West, 680 feet,
more or less to the said southerly line of Main Road and
the point or place of beginning.
and it is further
RESOLVED that the physical amendment of the official Zoning
Map in accordance with the foregoing is hereby ratified and approved.
ZONING
Chapter 100
ZONING CODE AS IT WAS IN
EFFECT PRIOR TO THE ADOPTION
OF LOCAL LAW NO. I OF 1989
ON JANUARY 10, 1989.
From the
CODE
of the
Town of
SOUTHOLD
GENERAL CODE PUBLISHERS CORP.
Chapter 100 (Zoning) of the Code of the Town of Southold
is amended as follows:
1. Section t00-136 is hereby a~ended by adding a new
subsection "~" to read as follows:
Notwithstanding the foregoing, the Town Board may,
in its discretion, accept an offer for dedication to
the Town, of the open space and/or common lands
created by the use of the provisions of this Article.
II. This Local Law shall take effect upon its filing with the
Secretary of State.
ENACTED BY THE SOUTHOLD TOWN BOARD ON OCTOBER 18, 1988
LL 25 of 1988
(If additional ~pace is ~)eecled, please attach shee~s of the same size as this and number each)
ZONING
Chapter I00
ZONING
ARTICLE I
General Pr~vlsiQns
§ 100.9. Title.
§ I00-10. Purposes..
§ 100-11.. Con/I/cts.
§ '[00-12. Exceptions.
§ 100-13. Deff~dtlons.
ARTICLE II
Districts
§ 100-20. Distrlet designations.
§ 100-21. Zoning Map.
§ 100-22. -District boundaries.
§ 100-23. Effect of establ/shment of dkst~icts.
ARTICLE III
A Reddentini and Agricultural Dhtr~ct
§ I00-30. Use re~ulatlons.
§ 100,-31. Bulk and parking requ/rements.
§ 100-31.1. Relief from hulk ~nd parking requ~me~ts.
§ 10042. Accessory buildings.
§ 100-33. Established front yard seiback.
§§ 100-34 through 100-36. (Reserved{
10001
SOUTHO~CODE
ARTICLE, IV
M Light Multiple-Res/dence Distr/ct
§ 100-40. Use re6n~.tio~.
§ 100-41. Bulk, area and parking requlr~ments.
§ 100.42/ Livable floor area.
100-50.
'i00-5I.
100-52.
loo-sz.
ARTICLE V
General Multiple-Residence District
Use
Bull~, ax~a and p, arl~!'n~ requirements..
Bu~ng leah ~d sep~on.
L~abte fl~r
ARTICLE VA
AHD Affordable Housing District
100-55.1. Purpose.
100.552, De£mitions.
I00-55.3. Lands applicable to establishment of district.
100-55.4. Use regulations.
100-55.5. Bulk, are,, and parking requirementS, schedule.
100-55.6. Planning and zoning procedure.
100-55.7. Regulations and requirementS.
100-55.8. Adminhtration.
100-55.9. Applicabillt.~.
ARTICLE VI
B L/ght Bus/~ess D/str/ct
§ 100-60. Use regulations.
10002
ZONING
§ 100-6L
§ 1o0.62.
§ I00.63.
Bulk, area and parking requirements.
Retail shopping centers.
Uses confined to enclosed buildings.
ARTICLE VII
B-I- General Business District
§ 100-70. Use regulations.
§ 100-71, Bulk, area and parking requirements.
ARTICLE VIII
C Light Induste/ai D/str/ct
§ 100~0. Use regulations.
§ 100~1. Bulk, area and parking requiremenm.
(Cont'd on page I0~003)
l(Jlltl~.l
§ 100-90.
§ 100-91.
§ 100-92.
§ 100-93.
ZONING
ARTICLE IX
C-1 Gener-1 Industrial Di~a'i~
Use regulations.
Special exception uses; site plan approval.
Signs.
Bulk, area and parking reqniremen~.
(_
ARTICLE X
'Tourist Camps, Camp Cottages and Trdlers
§ 100-100. Permits required.
§ 100-101. Automohile trailers or house cars.
§ 100-102. Exemptions.
§ 100-110.
§ 100-111.
§ I00-112.
§ 100-113.
§ 100-114.
§ 100-115.
§ 100-116.
§ 100-117.
§ 100-118.
§ I00-119.
§ 100-119.1.
§ 100-119.2.
ARTICLE XI -
General Regul~ous
Signs.
Continuation of ~,i~ing signs.
Off-street parking .areas.
Off-street loading ~reas.
Prohibited uses. in all districts.
Dwelling unit density.
Hotel and motel unit density.
Nonconforming uses.
Comer lots.
Fences, walls and hedges.
Building setback from water bodies and wetlands.
10003
ARTICLE
Board of Appeals
§ 100-120. Appointment; membership.
§ 100-121. Powers and duties.
§ 100-122. Ad~tlond con~iitio~ and safe--ds.
§ I00-123. l~ules of condu¢~ and procedure.
§ 100-124. Fees.
§ 100-125. Not~c~ of
.(
ARTICLE 2<Ill
Site Plan Approval
I00~I30. 'General r~qu~ment.
100-181. Objectives.
100-153.
100-1~.
100-155.
100-136.
Effect of ~pprovnl.
P~cedu~-e.
Site development phm elemen~.s.
Cluster ~evelopmen~.
§ I00-I40.
§ 100-14L
§ 100-142.
§ 100-145.
§ 100-I~.
§
· § 100-146.
ARTICLE
At{m;-;g~ration and Enforcement
Bu~
~vo~on of
Stop order.
Ce~ifi~t~ of o~p~.
Pen~ for offe~.
Rem~.
10004
§ 100-150. Procedures.
§ 100-151. Fees.
ZONING
ARTICLE XV
Amendments
(Cont'd on page 10005)
10004.1
,(
§ 100-9
ZONING
§ 100-152. Notice of proposed change of zone aless//~cation.
Bulk and Parking Schedule
[HISTORY: Adopted by the Town Board of the Town of
Southold 4-9-57; amended in its entirety 4-8-58 and I1-23-71.
Sections 100-13, 100-20(], 100-30BI7)ia), 100-30Big)(a}, 100~0C,
100-70A{1), I00-90A(22), I00-121C{2}(i}, I00-141J(5), 100-144B
and 100-145 amended during codification; see Ch. 1, General
Provisions, Article II. Other amendments noted where ap-
plicable.]
(_
ARTICLE I
General Provisions
§ 100-9. Title. [Added 2-1.83 by L.L. No. 2-1983]
This chapter shall be 'known and may be cltsd es the "Sour. hold
Town Zaning Code."
§ I00-10. Purposes.
There is hereby established a comprehem~/ve zoning plan for the
Town of Sout:hold, which plan is set forth in the text and map tlmC
constitute this chapter. Said plan is adopted for the purposes set:
forth in Article 16 of the Town Law, wh/ch, in the interest of the
protect/on and promotion qi~he public health, safety and welfare,
shall be deemed Co spec/~cally include the following, among
ot:hers:
A. The facilitation of the effic/enC and adequate provision o£
public facilities and services.
B. The assurance of adequate sites for residence, indns~ry and
C. The provisions of privacy for families.
10005 4-~-~
§ 100-10 soUTHOLI~DE § 100-!2'
D. The prevention and reduction of tr~fic congestion so as to
promote efficient end safe cimula~ion of vehicles and
pedestrians.
E. The maximum protection of residential areas.
F. The gradual elimination of nonconforming uses.
G. The enhancement of the appearance of the Town of
Sonthold as a whole.
H. The encodragement of flemg~ility in the design and
development of land in such a way as to produce the
most appropriate use of lands, to facilitate the adequate
and economical provision of streets and utilities and to
preserve the na~'al and scenic qualities of open lande.
L The fostering and protection o£ agriculture and fisheries.
J. To make provision for, so far as conditions may permit, the
accommodation of solar energy systems and equipment
and access to sunlight necessary there£or. [Added 2-1-83 by
L.L. No. 2-1983]
100-11. Con,Him.
A. Where a provision of this chapter conflicts wit~ or imposes
a different requirement from any other provision of this
chapter, the provision or requirement which is more
restrictive or which establishes the higher st~ndarxi
goverm
B. Where ~I~ provisions of this chapter conflic~ with or im-
pose a different requirement from any other ordinance of
the Town of Southold or any rule~ or regulations adopted
thereunder, the ordinance,'' rule or regulation which
establishes the higher standard or requirement shall
govern.
§ 100-12. Exceptlans. [Amended I0~0-73 by L.L. No. 5-1973l
All of the lacs on the followi~g' subdivision maps shall be ex*
ceptsd from the lot area and lot width requirements of this
C
10006 ~-~=~
~.' § !00-I2 ZONING § 100-t3
.(
chapter, and Cbe lot w/dths appi/cablo to
sha~ be as shown and desi~-naced on ~a/d aub~/v/slon m,?s: Gzeen
Acres; Stratmors; Marion Mano~. Cleaves Po/nc. S _etlon II;
Fordhmn Acres. Sect/on I; Fordham Ac~s. Sect/on II;
Homes; Eastern Shores. Section I; Eastern Shoree~. Sec,/on II;
Eastern Sho~.s. Section III; Ea~Cem Shores. Section IV; Eastern
Shores, Seecian V; SouChold Shor~; Sunny Shores; Moose
Cove; Nassau Po/nc; Deer Park; Village Manor; G.L
Edgemere Psrk; Willow Terrace; SoundcresC Woods; G~rd/nem
Bay Estates, Sect/on III; Harvee~ Homes. Sect/on I; Bw~/ew
Woods Estates; Willow Po/nC; Harbor L/ghcs Estates,
Terry Waters; Bay Haven; Corey Creek Estates; Wasc Creek
Estates; Northwoods; Vista Bluff; J'--~ous Landing; B~eCC's
Pond; Rosewood Estates; SuuseC Knolls, Section II; Sm/th//eld
Park; Parad/se Po/nC; Harbor L/ghte Estates, Section HI; NiL, h-
wood; Nunuakoma Waters; YennecoCt Park; Dow'usview; SouCh
Harbor Homes; Peoon/c Shores, $__~_'o~ I; Pecoo/c Homas,
Sect/on I; Peconlc Homes, Section II: Peoonlc Bay Oaks; Laurd
Country Estates; OrlenC-by-The-Sea, Section II; Cloavee Po/nC.
Sect/on IlL
§ 100-13. De£.m/tlons. [Amended 7-31-731
A. Word usage. Words used in the preeenC tense loduds ~
fuCu~; the s/n&-,l.~ number i~eludee tha plural, ~ the
plural the dugular; the word "parch" /ncludas a coz,
potation as well as an indiv/dusl; the word "lot" inalvde-~
the word "ploC"; the term "occupied" or"used," as appl/ed
to any bufld/ng, shall be construed ~s though followed by the
words "or intended, arranged or des/gned to be ocoup/ed or
B. De//n/tlonz. Unless ,otherwise exprsas~ stated, the
follow/ng terms sh.!l, for the purpose of this -h%-Cer, have
ACCESSORY -- A bufld/ng or use ~.arly /nc/dantel or
principal bu/~,~i-~ or use on the ssme lot.
ACCES-~OR~ APARTMENT -- A dwell/n~' unit crated in
a presently ex/st/n~ one-family dwell/n$~ pur~nt to § 100-
30~(15). [Added 1-21-86 by L.L. No. 1-1986]
10007 ~i -zs.ss
100-13 SOUTHOLD ~ § 100-I3
ALTEtL~TXON -- A~ applied to a buiI~i._~ or structure, a
c~e o~ ~earrangememt ba ~ s~ p~ or ~ ~e
exk fac~, or ~ e-l.~ment, whe~er ~
side or by ~g ~ ~, or ~e mo~ ~m one
l~on or pos~on ~ =~. [A~ 2-1~ by L~ No.
2-1~3]
BASE~ ~ A s~ of a b~, p~y below
~sMd ~de I~1, w~ ~ mom ~ o~h~f (~h)
avenge ~b~hed ~ le~ or i. is~ ~e of ~e land
imme~ly adjacent ~ ~ b~g. [~en~d 2-143 by
L.L. No. 2-1983]
BII.LRO~ ~ A s~ ~u~g ~e ~ ~mmo~y
z~e ~t where ~ s~ b ~y~ or ~y ~den~y
BOARDING- ~ TO~I~ HOUSES ~ A
ocher ~h~n a howl w~ lod~nE~ ~ or ~ou~ m~,
for ~e {5} or ~m ~o= ~ ~h~ ~r
co=~c~ ~ept w~ ~ ~d~d
pe~t ~ ~e of ~e ~d a~ s~e
~u~ not m~ ~ ~ (3) f~t ~ ~ hi~ ~und
le~l ~d not ~m ~ ~ ~d ~ (6~ f~t at ~e
10008 ~ t - zs - sa
§ 100-13 ZONING § 100-13
more :hah :wen/;y (201 feet above :he highe~ level of
:he roof of such building.
(§) Porches, outdoor bins and other s/miler structurem
BUILDING AREA -- [Added 2-1-83 by L.L. No. 2-I9831
The aggregate of :he m~ximtlin hor/zon al c~oes sect/on of
the buildings on a lot, me~ured between :he exter/or faces
of walls.
(1) The term "bnfld/ng area" shall include the foflowing:
(a} Balconies.
(b} Terraces, patios, decks and o:her st~uctt~res
· . above the fin/sheet grade.
(c) Sw£~"r~;~C pools, ta~ni~ courta and o:her skn//ar
st~uc:v, re.~.
(g) The term "bufld/ng area" shall excinde :he fol/ow/ng:
{a) Cori1/ces, eaves, gatter~, chimneys and ~iraplaces,
projecting not more than :wentyoeight (AS) inches
from exter/or waiL~
(b) Steps and open porches, projecting not more ~h~
five (5} feet from exterior wails and ~av/ng an
·rea of not more :hen tJfit~y (30} square feet.
(c) First-story bay windows projecting not mom than
:h~ee {3) feet from ex:er/or wails and ext~r/or
ce flat door~ projecting nog more t/mn s/x {6} fee:
from exter/or wails.
CELLAR -- Any space in a building, part/y below :he
finished grade levek:..wh/ch has mote than one-half (~4} of
i~ height, measure//' from floor :o ceiling, below :he
avera&~e es~ablLshed curb level or fin/shed &trade of the land
immediately adiacen: te the buikLing. [Amended 2-1-83 by
L.L. No. 2-19831
CONDOMINIUM ~ A bu/kiing or buildings, :he d~iI/ng
units of which are individually owned, each owner mt.e/yin&
a deed enabi/ng him t~ sefl, mot:gage or ~h~n~e h/s
10009 ~-~'-u
§ 100-13
SOUTHOLD CODE
§ 100-13
dweRin~ unit independent of the owners of the other
dwelling units in the building or buildings. [Added 2-1-83
by L.L. No. 2-1983]
COURT, INNER -- An open space enclosed on all sides by
exterior walls of a building.
COURT, OUTER -- An open space enclosed on three (3}
sides by exterior wslls of a building.
COURT, OUTEI~ DEPTH OF -- The linear average
dimension measured from the unenclosed side of the court
to the farthest wall thereof.
COURT, OUTER, WIDTH OF-- The Iinear dimension of
the unenclosed side of the cour~ -
CURB LEVEL -- The esCsblished elevatio~ of the street
grade at the point that is opposite the center of the wall
nearest to and facing the street line.
DWELLING, MULTIFLE -- A building or portion
thereof con~,~ng three ~3) or more dwelling
DWELLING, ONE-FAMILY -- A detached Building
cont~-~ one Ill dwelling unit only.
DWELLING, ROW OR ATTACHED ~ A one-family
dwelling with two (21 co-~,,~,n or party w~ separating it
from adjacent un/ts on both sides.
DWELLING, SEMIDETACHED ~ A one-f~mily
dwellings.with one (11 wall in co.man with au adjacent
dwelling. -.
DWELLING, TWO-FAMILY -- A detached building
containing ~wo (2) dwelling units only.
DWELLING UNIT -- A building or entirely self-
contained portion thereof containing complete
housekeeping facilities for only one (1) family, including
any domestic servants employed on the pre,~, and
having no enclosed space (other than ves~ibdie~, entrance
pr other h~Iiways or porch, esl or cooking or sanitary
fac/I/ties in cerumen with any other "dwellMg unit.*'
§ 100~13
}NING § ~OGI~
house ~ler,
home, ~rst~rnity or som~ ~use,
lod~g or
FAMILY
unit ~ a sin~e nonprofit
~ ei;~n (18)
dom~ic ~ not
sMll not ~ ~i~ a
No.
FENCE -- A
eider limit
~ew, or ~& [Add~ ~8 ~ LI. N~ ~l~l
FLOR ~EA ~ ~e ~ of ~ ~sa ~
heigh~ of
~d b~omon[ ~. [~ended ~1~ by L~
~ w~ of a dwelling
aphid b~m~
pe~ (1~) of
above, ~
~ ~ a
~m ~sh~ floor leal
L.L. No,
~00R ~EA ~0 ~ ~ ~r ~ ~ s~
i00II
§ I00-13 SOUTHOLD~E § I00-18
GARAGE, PRIVATE -- A budding used for the ~orago
of one (1) or mom gasoline or other power-driven vekicles
owned and used by the ovnter or tenant of the lot on which
the garage is erec~d and for the storage of not exceeding
two {2) edditionai vehicles (not Wacks) owned or =ed by
others.
GARAGE, PUBLIC -- A bu/Iciing, other ~hsn a private
garage, used far housing or care of gasoline er other power-
driven vehicles, ar where such veh/cles axe equipped for
oporai/on, repaired or kept for remuneration, hire or sale.
HEIGHT -- The vertical d/stance measured from the
avera~,e elevation of the finished grade of the land im-
mediately edjacen~ te the building to the highest paine of
the roof for rial and mansard roofs and W the mean he/ght
between eave and ridge for other types of roofe. [Amended
2-143 by L~L. No. 2-1983l
HOME OCCUPATION -- Th/s sh~l! be undera~Ood to
include the professional office or studio of a doctor, dentiz=,
teacher, artist, arch/tee=, engineer, musi~n~ lawyer,
magistrate or practifions~ of a dm/hr character, or moms
used fer '*home occupations," includ~,~E home
s~udio or occupa~/onal rooms are located in a dweEing in
which ~ho practitioner resides and provided further the=
goods are publ/cly d/splayed on the pr~r-{-~es and no sign or
advert/sement/s shown other than a sig~ not larger than
two i2) square feet in total area, bearing only the name and
occupation (werd~ only) of the pra¢fit/oner. {Amended 2-1-
83 by L.L. No. 2-19831
'HOTEL ~ A building occ~p/ed az the more or !~s tem-
porary abides plac~ of indivia-=I~, who are lodging with
or withou= meals, in wkich them are more than ten (10)
room~ ummlly occupied singly and in which no pro~=
made for cool, inK in any room or individu.l ap~zment.
JUNKYARD -- ~'~-d occupied or to be o~cupied for
~torage of old wood, paper, cloth or me,mi, hic. luding old
an~omobihz, trucks, equipme~, machine--y, fixture~ and
appl/anc~ no~ uzabl~ az ori~n~lly des/gned, and also
including any portion of such old auWmob/lem,
10012 n - ~s - ss
§ 100-13 ZONING §
equipment or machinery as may be sold es and for j--k or
salvage.'
LOT -- Auy parcel of land, not necessarily coincideut with
a lot or lots shown ou a map of record, which is occupied or
which is to be occupied by a building ~ud its accessory
buildings, if any, or by a grqup of bui~d{m~s accessory
thereto, if ~ny, to~ethor with the required open spaces
appurtenant to such buddings or ~roup of builc~s.
LOT, CORbFEi~ -- A lot at the junction of ond abutting on
two (2) or more in~ereecting s~reets where the inferior angle
of intsreection does not; exceed one hundred th~-~ve
de~rees 1135~). A lot abutting
deemed a "corner lot" if the ~n~ents to the curve at the
points of intersection of the side lot lines with the ~treet
lines intersect at an interior angle of less than one hundred
thit~-five de~rees (135°).
LOT COVERAGE ~ That percen~ag~ of the ~ot area
covered by the building ~'ea. [Added 2-1-83 by L~
1983]
LOT DEPTH ~ The ~,~um d/stance from the street
Frae of the lot to the rear lot line of such loL
LOT LINE ~ Any boundary of a lot other than a street
LOT LINE, I~EAB -- The Mt line ~enerally oppes/ts to the
stras~ line: if the "rear lot llne" is Ieee thau
isn~h, or if the lot comes to a point in ~he rear, ~e "rear
lot llne" shall be deemed to be a line, not less than ten {I0!
feet lon~, lying farthest from the f~ont lot llne and parallel
to the front lot line.o
LOT WIDTH ~ The average distance between side lot
lines, t~ken at the front y~rd or setback llne ~nd measured
at right angles to the side lot lines or along
the s~ree~.
MAIN FLOOR ~ The lar§es~ area found by the pre~ectlon
ora horizonf~al plane through the livable floor are~ which is
enclosed by ~he e.~terlor walls of the building.
10013
§ 100-13
CODE § I00-12
MANUFACTURING -- Any process whereby the nature,
size or shape of articles or mw mater~ls is changed, or
where articles are assembled or packaged.
MARINA or BOAT BASIN -- Any prem{~es containing
one (1} or more p/ers, wharves, docks, moorings,
bulkheads, buildings, ,si/ps, basins or land under water,
designed, used or intended te be used primarily for the
docking or mooring of boate, for er without compensation.
M(~TEL -- A building cont~uing guest moms, each of
wh/ch, or each pair of which, has a separate entrance
leading d/rectly from the out~/de of the bu/lding, with
parking space conven/entJy located to each un/t, and wh/ch
is des/gned, used or intended to be used prim~ly.for the
acc~mmodaton of motor vehicle traneien/~s.
NONCONFORMING USE -- Any use, whether of a
bu/l~ing or/~act; of land, or both, ex/~ting on the effective
da~e of tiffs chapter, which does no/: conform to the use
regulations of the district/n which it/s located.
PARTIAL SELF-SERVICE GASOLINE SERVICE
STATION -- A gaso]/ne serv/ce station pr/inertly for the
servicing of motor vehicles and the dispen~in~ of gasoline
by means of a quail/led attendant con~]ling an approved
console regulating the flow of gesoline into fixed and
approved dispensing equipment thereafter to be operated
by the.customer at one {1) set of pumps on one (1} pump
island and by a qu~li/{ed attenc[ant operating d/spensing
equip ~n~j. t at ~I1 other pump islands. [Added 4-i1-78 by
L.L. No. 2-1978]
PRINCIPAL BUILDING -- A bu/lding in whiih is
conducted the main or pr/nc/pal use of ~e Mt on which said
building is located.
PUBLIC WATER: PUBLIC SEWER -- Commur~I
sewage disposal .systems and cornrm, n~! water supply
systems approved by public agencies hev/ng jurisd/cton
thereof. [Amended' 10-26-76 by L.L. No. 5-1976]
10014
.(
§ 100-13 ZONING § 100-I3
SIGN -- Any structure or parc thereof, or any device
attached tu a building or painted or mpresanted thereon,
which shall display or include any letter, word, model.
banner, pennant, insignia, device, trade flag or
representation which is in the nature of. or which is used
as, an announcement, direction or advertisement, for
commercial purposes or otherwise. A "sign*' includes a
billboard and a neon ~ube. string of lights or sim~ar device
outlin{ng or hung upon any part of a building or lot, but
does not include the flag or insignia of any nation or group
of~ nations or of any governmental agency or of auy
political, educational, char/teb!e, philanthropic, civic,
professional, religiouz or like campaign, dtive, movement
or even~. Excluded from this definition are "signs" wh/ch
are solely devoted to prohibiting ~respassing, hurting or
SIGN AREA -- Includes all faces of a sign, measured as
follows:
(il When such sign is on a plate o~ framed or ou~i-ed, all
of ~he area of such plate, or the area enclosed by such
frame or outline shall be included.
.(2} When such sign censiste only of letters, d~igns or
figures engraved, pain. ted, projected or in any manner
· affixed on a wall, the iotel area of such si~ shall be
deemed the area 'wkh{~ which all of the matter of
which such sign consiste may be enscribed.
STORY -- That parc of any building, exclusive of cellars
but inclusive of basements, comprised between the level of
one finished floor and the level of the next higher finished
floor or, if there is no higher finished floor, then that part of
the building comprised be~veen the level of the highe.~
finished floor and the top of the roof beams.
STORY, HALF -- Any. space, with a m~,imum clear
height of five (5} feet, partially wkhin the roof framing
where the clear heigh~ of nec more than f'~cy percanc (50%)
of such space between the top of the floor bezrns and the
10015 ~-~-~
· § 1004~
SOUTHOLD § 100-I3
et~.cmral ceiling level Ls seven (7} feet six (6) inches or
more. [Amended 2-1-83 by L.L. No. 2-1983[
STREET -- A etree~ improved ~o the satisfaction of the
Planning Board, which, is one (1) of the following:
(1) An existing Wwn, county or e~mte highway or street.
{2}' A street shown on an approved subdivision final plat.
{3} A street shown on a map fled with the County Clerk
{in accordance with § 280-a of the Town Law} prior to
pl.n. lng Bo~rd unr. heriza~lon t~ review subdivisions.'
{4} A st~-eet shown on the Town Offidal Map.
STREET LINE--- The dividing line be~ween a lot and a
street.
STRUCTURAL ALTERATION -- Any change in the
supporting members of a building, such as beams,
columns, girders, footings, foundations or bearing walls.
[Amended 2-1-83 by L.L. No. 24983]
TOURIST CAMP -- Any lot, piece or parcel of ground
where two {2) or more Tents, tsnt houses, ~p cottages,
house cars or house trailers ~zed as living or sleeping
quarters are or may be located, said camp being operated
for or without compensation.~
TOURIST COTTAGE -- A detached building having less
than three hundred Fifty. 1350) square feet o£ cross-sectional
area, designed for or occupied az living and sleeping
quarters for seasonal occupancy.
TRAILER -- Any vehicle mounted on wheels, movable
either by its own power or by beLn~ drawn by another
vehicle, and equipped to be used for living or sleeping
quartare or so az to permit cooking. The Cenn "trailer"
shall include such vehicles if mounted on temporary or
permanen~ foundations with ~he wheels remove&
§ 100-20 SOUTHOLD CODE § I00-22
A. A Residsutial a~d Ag~iculturnl Dfstricte.
B. M Light M~Spl~ide~ Dhtdc~.
C. M-1 Gene~ Md~pl~e~ D~c~.
D. B L~ht Bus~s Dis~.
E. B-1 Ge~ B~e~ D~.
F. C Light Indus~d D~
G. C-I ~ne~ Ind~ Dis~c~ [Amend~ 7~1-73]
H. AHD Mf~le Ho~in~ Dis~ct [Added 7-1-86 by
No. 6-1986]
~ 100-21. Zo~ M~.
The bo~d~ of ~e sdd ~ ~ ~by ~b~hed
shown on ~e B~ ~ne Map, wM~ accomp~i~ t~ ~ap~r
~d w~c~ ~ ~ ~a~ ~t~ ~o~ ~ he~ adopted
~d ~& a p~ of ~d ~m~ ~ ~s &ap~. S~d map,
~py th~f ~.1~ be kept ~ ~e offi~ of ~e B~a~.g I~r
for ~e ~e ~ b~e~t of ~ pub~
§ 100-22. D/strict boundaries.
In.determining the botmda~es of dist~cts show~ on the Zoz~.ug
Map, the followi~g rules shall apply:
A. Where ~trict boundaries are i~dicated as approximately
following the center lines of s~reets, highways, waterways
or railroad r/ghte-of-way, or such 1/nes extended, such
center lines ShRII be conz~.ued to be such boundaries.
B. Where such boundaries are /ndicated as approx/mately
following the property lines of p~rks or other publicly
owned lands, such lines shall be construed to be such
boundar/-es.
C. Unless otherw/se shown, all distri~ boundaries rurming
~arailel to streets shall be construed to be two hundred
i200) fect back from the r/ghte-o f-way of said streete.
§ 100-20 SOUTHOLD~DE § I00-22
A. A Reaiden~iai and Agricultural Dis~c~
B. M Light Multiple-l~sidanc~ D~s~rlct~.
C. M-1 General Multiple-Reddan~ DisWlcte.
D. B Light Business Dis~ricte.
E. B-I General Business Districts.
F. C Light IndusUial Disuicta.
G. C-1 General Industr/ai D/str/ct~ [Amended 7-31-73]
H. AHD Affordable Housing: District [Added 7-146 hy l.I.
No. 6-19861
§ I00-21. Zoning Map.
The boundar~ of ~he said dial~-ic~ are hereby establ~hed as
shown on the Building Zone Map, which accompanies this chapter
a~d which, with all explAnstory matter r~on, is he,by adopted
a~d made a par~ of and in¢orpor~,ed ~ this chap~r. Said map,
indicating ~ la,est amendments, sh~ll he l~pt up-tx~la~e, a~d a
copy ~hoveof ~h~I1 be kept in the offic~ of the Bn,~rl;.g Inspector
for the use ,~l benefit of tJ~e public.
§ 100-22. DisUi~ boundaries.
In determ;r~i~g the boundaries of d/stn'cts sh, Jwu on the Zoning
Map, the followin~ rules Sh~l! apply:
' ' A. Where c~t boundaries are indicated as appro~mately
follow/nK the center lines of streets, highways, waterways
or railroad rights, f-way, or such ~-~ exl~atec~ such
cent~ lines shsll be consl~-ued to be sucl~ boundaries.
B. Where such boundaries are indicated as approx/mately
followin~ the proper~y lines of parks or other publicly
owned lands. ~uch lines .~h.I! he construed to be such
boundaries.
C. Unless otherwise shown, all ~ boundaries mnnin~
parallel to streete shall be cous~rued to he ~wo hund~d
(200! fee~ back from ~he r/~hte-of-wa¥ of said street.
§ 100-22 ZONING §
D. In all cases where a d/s~rict boundsry div/des a lot in one
(1) ownership and more than fifty percent i50%) of the area
of such lot lies in the less restricted district, the regulations
prescribed by this chapter for the less restricted district
shall apply to such portion of the more restricted portion of
said lot which lies within thirty {30} feet of such dist~ric:
boundary. For the purposes of this subsection, the "more
restricted district" shall be deemed that dis~:ricC subject tn
regulations which:
(Cont'donpage 100171
10016.2
§ 100-22 ZONING §
(I }' Prohibit the use intended to he made of said lot; or
(2} Require higher standards with respect ~o coverage,
yards, screening, landscaping and similar
requirements.
E. In all cases where a district boundary line is locatsd hOC
more than f'dtesn (t5) fesC from a 10C line of record, such
boundary line shall be construed ta coiucide with such lot
F. In all other cases where dimensions are hOC shown on the
map, the location of boundaries shown on the map shall he
determined by the use of the scale appearing thereon.
G. Unless shown on the Zoning Map, all tidsl lands and lands
under watar shall be deemed ta be within the use district ~o
which they are contiguous.
§ 100-23. Effect of establishment of districts.
Following the effective date of this chaptar:
A. No building shall be erectsd, moved, altered, rebuil~ or
enlarged, nor shall any laud or building he used, designed
or arranged ~o be used for any purpose or in any
except in conformity with all regulations, requirements and
resla-ictions' specified in this chapter for the district in
which such building or land is located.
No yard or open space required in connection with any
building or use shall he considered as providing a reqtiired
open space for any other building on the same or any other
lot.
No lot shall be formed from par~ of a loc already occupied
by a building unless such building, all yards and open
spaces coanco~ +,,herewith and the remaining loc comply
with all requirements prescribed by chis chapter for the
district in which said lot is located. No building permit
shall he issued for the erection of a building on any new lot
thus created unless such building and loc comply with all
the provisions of this chapter.
10017
100-23 § I00-30
D. Nothing contained in chis chapter shall r~quire any change
in the plans, construction or designated use of a building
complying with the Zoning Ordinance in force prior ~o this
chapter. If the following is found Co e~ist:
I1} A building permit shall have been duly issued and
construction sh~l! have beeu s~arced before she
· fec~ve dace of this chapter.
(21 The ground story framework {including the second tier
of beams) shall have been completed within six
months of the date of the building permit.
(3) The e~rire building shall have been completed in
accordance with such plans as have been filed with the
Building Inspector within one (1) year from the ef-
fective date of ~ chap~.r.
E. Any use not permitted by this chaptar shall be deemed co
be prohibited.
F. Notwithstanding the limitations imposed by any other
provisions of this chapter, no building, dredging or filling
operation shall be permitted below the datum of mean high
water of ~idal waters unless such building, dredging or
filling opera,ions have been duly authorized and are
conducted in conformity with all laws, ordinances, rules
and regulations of all governmental agencies having
jurisdiction thereeL5
ARTICLE III
A Residential and Agricultural Dist~iot
§ 100-30. Use regulations.
In an A District, no building or premises shall be used, and no
building or par~ of a building shall be erecr~l or altered which is
arranged, intended or designed to be used, in whole or in part. for
any uses except the following:
A..Permitted uses. "*
10018
<_
§ 100-30
(2)
ZONING ~
dwelling on each ~ot.
[Amemied 8-I 1-87 by L.L. No. 13-1987] The following
agricultural operations and accessory uses thereto.
provided that :here shall be no .~tor~ce of manure or other
odor- or dust-producin~ substance or ~ except spra~inR'
and dusting' to protect, vegetation. ~vJthin one hundred
fifty (150) feet of any tot line'.
(a) The rsizi~g of field and garden cope, v~neyard
and orchard farmiag, the maintenance of
eries and the seasonal sale of products thereof ~
buflcLtngs, subject to the fo/lowing spec~ re-
quirement:
[1] All one-~tory bugdi.~ for g~eplay and teta/I
aales of agricultural and nursetT products
grow: prLmar~y on the premises shall zxot
exceed one tlmtma~d {1,000} squeze feet L:
floor exea. Display of produce shall be
lees :ban ten (i0) feet from all street and
Li~es. Any stand ~ excess of one hmglred
{100) square feet ia floor eze~ eh.Il be set
back twenty (20) fee: from the street Line.
Any stand in existence at the e~ective date
of ~hi~ chapter must, w/tbS: one ~1) year,
comp/y with all of :he pro~.sinns hereof.
[2] All sig~e shall coz~orm to the provizio-~ of
§
(b) The keeping, breeaiag, :e~tng ~d trs~z~ of
horses, domestic ez~xaLs and fowl (except duck~l
on lo~ of ten (10) a. crse or more. [Amended 2-1-83
by LT., N~.~49831
(c) Barns, scor~ge ~uildings, I~en~ouaee (~clud~ng
pleat~c-covered) and ether r~e.d structure,
~r~vided that suc~ build~ng~ shall ce~fo~m ~o t~
10019
§ 100-30 SOUTHQLD Ct)Dm
yard retluiremcnt'~ fortp?.,,~ buildln~:. [Amend-
ed 2-1~3 by I.~ No. 2-~3-]
Building, stmcl.ur~ ~nd ~ own~ or ~pe~l.by the
Town of Southotd,
B. [Amended 7-I-86 by ~ No. 5-1986] Us~ ~ermitt~l by
sp~ial exception by the Bm~ of App~ls. ~e rollowin~ uses
are permit~ ~q a s~i~[ exception by the B~rd
~q herein~r provide, and, except for the uses
Sub~ction B(ltl her~[ are subj~t m site plan aoproval by
the Planning B~rd tn ~ffiance wi~ A~icle XItI bereft
{1 } Tw~fly dw~, mnv~ion of ~ng
~d mw coercion, ~t ~ ~c~ one {1} ~ch
dwell~n~ on ~c~
{2} Phc~ of wom~p. ~clu~g p~ ~m~ (but ex-
chug a m~ or proof, wM~ ah~l confom to
the m~ for a ou~y dwe~g}, subject
the foHo~ mq~ments:
(a} No b~xg or p~ ~f sh~ be erec~d ne~er
th.. ~ {~) feet ~ ~y ~t ~e ~d near
c~ bufl~ s~l not ~e~ ~enty
(2) Pdva~ sc~o~, ~Be~ ~d other edu~fiond in-
stim~ons, ~bie~ to ~ fo~o~
ia) ~o b~g s~l be l~s th~ ~ ~y s~e~ or lot ~
(b) ~ ~ ~,o~pi~ by all p~dpd
c~ b~;s sh~ ~t ~ce~ twenW
i2~) of ~ ~a of ~e
{c) ~y such s~o[ s~ Be a nonprofit o~ion
wit~ ~e me~g of ~e Internal Revenue Act
~d sh~ be m~md eff~vely ~e~under as
10020 u - ~',. ,~:
§ 100-30
(4}
id) Any such school shall occupy a lot with an are~'~f
not less than five {51 acrs~ plus one II} acre for
each twenty-five 1251 pupils for which ~he
building /s designed.
Libraries, philanthropic, eleemosynary or mt/gious
institutions, hosplt~s, nursing and rest homes or
sanitaria for general medical care, but exclud/ng
facilities for the treatment of all types of dm~_~ ad-
diction, subject to the following requirement:
(a) No building or pM thereof or any parking or
loading ~u-ea shall be located wie. M- one hundred
(100) feet of any s~reet I/ne nor w/~.h~ fif~ 150)
fee~ of any lo~ line.
ih) The tof. al area covered by prindpal and accessory
huild/ngs shall not exceed twenty percent
of the area of ~he lot.
Icl' The m~-~mum height shall he thirty-five {351 feet;
or two and one-half 12~/~) sWrie~.
(d) The entire lot, except areas occupied by buildings
or parking or loac~g areas, shsH ~e suitably
landscaped and properly maintained.
~e) Su/ficien~ exter/orillumi~ation o£ the site shall be
required ~o provide-convergence and safe~y. All
such illumination shall be shielded from the view
of all st~rcouriding s~ee~s and [ot.s.
Any nursing home, hospital or san~tarinm shall
mee~ the £ollowing standards:
[1! All buildings shall be of fire-resistive con-
struction.
[21 Ail such uses shall be served by adequate
water and sewer systems approved by the
Suffolk County Deper~ment of Health.
[.~[ Patients suffering from communicable
diseases shall not be perm/tied in any
nursing home or sani~*/um Icommunicabls
10021
§ 100-30
SOUTHJ~D CODE § 100-30
disease~ arct'~efined by the Sanitary Code of'
the' Public Health Council of the S~ate of
New York.
[41 Eight thousand (8,000) square feet of lot area
shall be provided for each patient bed.
(5) Publ/c utility rights-of-way as well as sta-uotures and
other installatlona necessary to serve areas within the
town, subject to such conditions as the Board of
Appeals may impose in order to protect and promote
the health, safety, appearance and general welfare of
the community and the character of the ne/ghborhood
in which the proposed structure is to be consr~-ucted.
{6) Fraternit~ houses, golf courses and annual, mem-
bersh/p dubs catsr/ng e:(clusively to member~ and
their gue.s~s, or other recreational fac/lities open Co the
public, and accessory playgrounds, beaches, swim-
ming pools, tsnn/s courts and recreational buildings,
subject Co the following requirements:
(a) No building or part thereof er any paridng or
loading area shall be located w/th/n one hundred
{100) feet of any street line nor w/thin fHty (50)
feet of any lot l/ne.
(h} The Coral area covered by pr/nc/pal and accessory
build/no shall not exceed twenty percent (20%)
of the area of the lot.
(c) Such use shall not be conducted for profit as a
bus/ness enterprise.
(d} No such use shall occupy a lotwithan area of less
than three (3) acres.
(e} The direct source of all exterior lighting shall be
shielded imm the vicw of surrounding residential
lots.
(7} Children's recreation camps org-nized primarily for
seasonal use, subject to the following requirement:
{a) No building, refit, activity area or recreation
fac/1/ty shall be less than two hundred (200! feet
10022 ' '
§ 100-30
ZONING §
from any lot; line, and any such building, ~enC, activity
area or recreation facility shall be effectively screo--d
tbemfrom as required by' the pl...~.~ Board.
Buildings in~ended for use as sleeping quarters shell
be not; less than thirty (30) feee- from each otl~-v, except;
Cents, which shall be not; less than ten (10) fee~
[Amended 741-7t]
(b) The ,~;-i~-um lot area shall be not; less ~
thousand (10,0001 square feeC for each
~ent; or other principal building, and noc lees than
~ree thousand (.%000) square feeC of lend area
sl~.I! be provided for each pemon acco,-,~odar~i
in the buildings or Cents on the premises.
(c) All ou~oor lightint; Shall be arranged and/er
sMeided co el/minaim ~he ~lare of lights coward
nearby msidant;ial lots, streets or other public
facilities.
(d) The sound level of all o~dnor public lddre~s
systems shall not; exceed t;he intsnsiCy colerable ia
a rusidan~al neighborhood.
(8) Labor .~r-ps, farm and no-f.~m, sub~ec~ co Che
£ollowin~ requirements:
(a} All farm labor 6amps on farms sh.~! be con-
s~cted in conform--ce with applicable laws and
shall noC be located nearer co any other res/danoe
titan the residence of the employer, except; by
specific review and approval of the Board of
Appeeis~
(9) Boa~ dockin~ fa.e....flities for the docking, moorin~ or
accommodation of noncommercial boats, sub~ec~ tn
the following requirement:'
(~ Them shall be do~k;-~ or mooring fa~itiee for no
mom ~h-n ~wo (2) boats other ~h.n chose owned
and used by the owner of the prem/sea for his
personal us~ [Amended 7-31-1'3]
10023
§ 100-~0
SOUTI-IO LD CODE
(10} Veterinarian offices hospitals, subject to
the fo]lowing requirement:
(al Tbe homsing of a~ .,ira,1, sh~ be in a fully
enclosed strucVare [f ne~,~r than one hundred
{100) feet to any lot
(11} Ceme~m.r~es.
{12) Stables and Hd~ng academ.ie~.-
(13) Funeral homes and undertaking estabI/~b, ment~.
(14} 'Wineries for ~be product/on and reta/l sale of wine
produced /rom grapes primarily' grown on the
vineyard on wh/eh such winery i~ located. {Added 2-1-
83 by L.L. No. 2-1982]
(15) [Added 1-21-86 by L.L. No. 1-1986] One (1) accessory
apartment in an ex/sting one4amily dwelling, subject to
the following
(a) The a¢ces~o~, apartment shall be lecated ~n the
principal build/ng.
(b) The owner of the existing dwelling shall occupy one
(1) of the dwelling uni~ a~ the owner% pr/ncipai
residence. The other dwelling unit shall be lea~ed
for year-round oocupancy, ev/deneed by a written
leaae for ~ term of one (1) or more year~.
(c) The existing one-faro/fy dwelling ~hali contain not
less than one thousand six hundred (1.500) square
'%'feet of Hveabie floor area.
(d) The acuessory apartment shah contain not less than
four hundred fifty (450) square feet of liv. ble floor
(e) The ~c~essory aUartment shall not exceed forty per-
cent (40%) of liveable floor are~ of the existing
dwelling unif-
.(
§ 100-30
ZONING §
(f) A minimum of three (3} off-street parking spaces
shall be provided.
(g) Not more than one (l) accessory apartment shall be
permitted on a lot_
(h) The accessory aparUnent shall meet the require-
merits of a dwelling unit ~s defined in § 100-13
'hereof.
(i) The exterior entry to the accessory apartment shall.
to ~he maximum extent {x~sible. retain the exist/rig
exterior appearance of a owe-family dwelling.
· fi) All exterior alterations to the existing building, ex-
cept for access to the apartment, shall be made an
the existing foundatfor~
(k) The certificate of occupancy shall terminate upon
the transfer of title by the owner, or upon the owner
ceasing to occupy one (1) of the dwelling unitz as ~he
owner's principal residence. In the event of an own-
ers demise, the occupant of an accessory apartment
may continue in occupancy un~il a new owner shall
occupy the balance of the dwelling or one (1) year
(rom. date of said demise, whichever shall in-st
oc~.lr.
(I) All conversions shall be subject to inspection of the
Building Inspector and renewal of certificate of oc-
cupancy annually.
(m) The building which is converted to permit an ~cces-
sory apartment shall be in existence and hare a vat-
id certificate of occupancy' issued prior to ~'anuary
I, 1984.
(n) The existing building, together with'the accessory
apartment, shall comply with all other requirements
of Chapter 100. of the Town Code of the Town of
Southoid.
(o) Notwithstanding the provisions of§ 100*30B hereof,
no site plan approval by the Planning Board shall
be required for the establishment of an accessory
apartment
10024.I. m. ~. ~
§ I00-~0
(16)
SOUTHOL~DE § I00-30
(p) Approval by the Stfffolk CountF Department of
Health Services of the water supply and ,~wage
disl~sal systems. [Added 5-20-86 by L.L. No. 4-
19861
(q) No bed and bre~kfazt facilities, as ~uthorized by
§ 100-30B(16) here~L shall b~ permitted in or on
premises for which an accessory apartment is
authorized or exists. [Added 3-2487 by L.L. No. I~
19871
[Added 5-20-86 by L.L. No. 4-1986] The renting of not
more than thee (3) moms in an owner-~-cupied dwell-
ink for l~dKinK and ser~int' of breakfast to not more than
six (6) casual and Wansisnt roomers, provided that the
renting of such rooms for such purpose is clearly inci-
dental and subordinate to the principal use of the dwell-
ing. subject to the foilowinK requirements~
(a) That adequate df-street parkinK spaces shall be
provided for such rented rooms in addition to park-
ink spaces for the use of the family of the owner.
ih) No accesso~ apartment, as authorized by § 100-
~0B(15) hereof, shall be permitt~cl in or on premises
for which a bed and breakfast facility is authorized
or exists. [Added 3-24-87 by LL. No. 2-1987]
C. [Amended 7-31-731 Accassor~ uses, limited to the follow-
(1) Home occupatious, provided tha~:
(s.) No display of ~oods ~ visible from the street.
(b} Such occupation is incldenf~I te the resldenti~l
use of the premisas an~ is carried on in the m~in
buildi~ by the resident the~in with not more
than ~ne (1) n~nresident assist~m~-
(c) Such occupation is carried on in an area not
excse~ing ~ p~nt (3~) o£ the area of one
(1) floor of the main bugdln~,
10024.2
L
§ I00-30
ZONING §
(d) There shsll be no exterior effec~ at the property'
line, such as noise, traffic, odor, dus~, smoke, gas,
fumes or radiatiom
(e) Studios where dancing or music instruc~on is
offered to ~oups in excess of five (ii) pupils at one
(1) time. or where concerts or recitals are held, are
prohibited.2
(Con~d on pa~elO02ii)
10024 -'~ s - ~. s?
C
§ I00-30
ZONING
(2) [Amended 2-1-83 b? L.L. No. 2-1983] Gm'den house,
coolhouse, storage building, playhouse, wading pool or
ewimm/ng pool incidental Co the residenCisl use of the
premises and not operated for gsiu, subject; Co the
following requirements:
(a) Any swimming pool slutll be completely enclosed
with a permanent cha/nl~nk or slinkier-type fence
of not mom than ~'o-inch mesl~ not less
four (4) feet in height, erecr~.-~i, ~Lutaincd and
prov/ded with a self-closing, self-latehi~ ~ate CO
prevent unauthor/zed use of the pool and Co
prevent accidente. However,/f said pool is located
more than four (4} feet; above the ground, then
fence is not requ/red,'providad that ail pointe of
access ~o said pool are adequately protected by a
self-closing, self-latohing gate. Any
pool /n existence at the effective date of the
provisions of chis subsect/un shall within one Il)
year from such date, comply with al~ of the
provisions hereof. [Amended 2-1-83 by L.L. No. 2-
1983]
(~) Private garages; provided, however, that not more
than two (2) passenger automobile spnces in such
g~reges may be leased to persons not resident on the
prem/ses.
(4) [Amended 2ol-83 by L.L. No. 2~1983] The storage of
either a boat or travel trailer, owned and used by ~he
owner or occupant of the premises on which such bea~;
or t~avel ~rafler is sCored, for his personal use, sub~ec~
to the following requ/rements:
(a) Such boat or mailer shall not exceed thirty
feet ~n length.
{b) Such boat or u'afler shall be. stored only in the
requ/red rear yard, and the area occupied therefor,
together with the area of all buildings in the rear
yard, shall not exceed forty percent (40~'o) of tho
area of the required rear yard.
10025 ~-~.~
§ 100-30
(~)
(6)
SOUTH~CODE § 100-30
(c) Such boat or cr~ler shsll not be located w/thin
fifteen (15) feet of ~y s~eC or lot ~e.
Ho~ez and domestic ~ oth~ ~ ~usehold
pe~, prided ~aC such s~ no~ ~ ho~ ~t~
fo~ N0) feeC of ~y lo~ ~ne. Ho~g for flocks of
more C~ ~enty-five ~25) fowl sh~ ~ be con-
s~mct~ wi~n f~ (~0) f~t of ~y ~e. [~ended 5-
29-~; 540-75 by L.L. No. 3-19~5]
The foHo~g si~s, subje~ ~ ~he ~pplemenC~
si~ re~Cio~ hem~r sec fo~:
(a) One (1) ~cQy ~um~aCed n~epla~ or
prof~sion~ s~ no~ mo~ ~h~ ~we (2).square
feeC ~ ~.
(h) NoC mom ~an ~e (3) si~. wi~h a comb~ed
~ ~es of no~ mom ~ s~-~o (72)
s~ feet, ~ one (1) of wM~ s~ ~ ~er
~ fo~ by sk (4 x 6) ~ ~ s~ ~ve~g
o~y ~he s~e of ~, ~den or n~ ~oduc~
pr~u~ or ~o~ on ~e p~m~ ~ of
~ on ~e pre~.
(c) One (!) m~ ~Ce s~, ~ ~ ~ doubl~
~c~, hoc l~8er ~-~ ~ ~ f~ (~ x 4) feeC ~.
~ on ~y ~e (1) or ~m ~, adve~ the
s~e or Ieee of o~y ~e pm~ ~ wM~ i~ ~
fee~ ~om ~y loc ~e.
One (I) s~, ef~ s~ or do~l~f~ hOC
ex~ ~enty-fo~ (24) s~ f~ ~ s~e, sec
~e ~d ~n (10) fee~ ~m ei~ side ~e, ~d-
ve~g ~e s~e or le~e of ~ or ~e s~e of
of fi~ h~ed (5~) feeC or mom.
(e) O~ (I) b~e~ be~d or 0~ ~o~enC or
fden~on s~ for ~ pe~t~ ~ ~ 10~
(d)
.(
10026 ~-~-s~
§ I00-30
ZONING
{3L (4), (6). {7} and (10! hereof, not ~
than thirty-two (321 square feet in area, located
not less than five {§} feet from any street or lot
llne.
(f} Such other signs as may be au[harized as a
special exception by the Board o£ Appeals as
hereinafter provided.
(7} [Added 5-29-731 Yard sales, attic sales, garage sales.
auction sales or similar-type sales of personal property
owned by t,he occupant, of [he premises and located
thereon, subject to [he h)llowing requirements:
(a) N~t. more than one (I) such sale shall be con-
ductad on any lot in any one I I I calendar year.
(b} Adequate supervised parking facilities shall be
provided.
{c) No signs, except one {1} on-premises sign not
larger than fltree by four (3 x 4} feet in size,
displayed for a period of not longer than one (il
week immedintaly prior to the day of such sale,
shall be permitted.
(d) A permit is obtained therefor from the Build/n~
Inspector upon t. he payment of a fee of fifteen
do. ifa'rs ($15.}.
§ 100-31. Bulk and parking' requirements. [Amended 8-9-83 by
L.L. No. 9-198;11
No building or premises shall he used ami no building or part
thereof shall he erected or altered in [he A Rtmident.inl anti
Agricukura[ District, unle~T~the same conforms Co tho following
hulk and parking requirements:
A. In the case of a lot held in single and separete nwnership
prior to November 23, 1971. and thereafter, with aa area of
less than forty thOusand (40,000~ square feet. a single-
family dwelling may be constructed thereon, provided tlmt
10027 ~o-~-~
§ 100-3t SOUTIIOLD{~E § 100-31
the requirements of Column A of tile Bulk and Parking
Schedule incorporated into thi~ chapter ara complied with.'
B. The bulk and parking requirements for single-family dwell-
ings. as set forth in Column A40 of~.the Bulk and Parking
Schedule incorporated into this chapter, shall apply to the
following lots:
111 All lots shown on major and minor subdivision maps
which were granted final approval by the Planning
Board prior to May 20, 1983. [Amended 10443 by
L.L. No. 10-19831
121 All lot~ shown on major subdivision maps upon which
the Planning Board has held a hearing for preliminary
map approval prior to May 20, 1983.
131 All lots shown on minor subdivision maps that have
been granted sketch plan approval by the Planning
Board prior to May 20, 1983.
(41 All lot~ set off or created by approval of the Planning
Board subsequent to November 23, 1971, and prior to
May 20, 1983.
C. The bulk and parking vequ/rementz for sing[e-famiIy.dwsil-
ings set forth in Column A-80 of the Bulk and Parking
Schedule incorporated into this chapter shall apply tn the
following lots:
{1} All lots shown on minor subdivision maps which have
been granted sketch plan approval by the Planning
Boa/Won or after May 20, 1983.
12~ All lots shown on nmjor subdivision maps upon which
the Planning Board has held a hearing for preliminary
map approval on or after May 20, 1983.
131 All lots set off or created by approval of the Planning
' Board on or after May 20, I983,
D. The bulk and parking requirements for two-family dwell-
ings set forth in Column A-160 of the Bulk and Parking
.£
10028
§ 100-31
ZONING §
Schedule incorporated into this chapter shall apply to ~he
following lo~:
{1} All lots shown on miner subdivision maps wh/ch have
been gran:ed ske~:h plan approval by :he P~arw./ng
Board on or after May 20. I983.
(2) All lots shown on major subdivision maps upon ~'hich
:he Planning Board h~ held a bear/ng fer prelhn/nary
approval on or after May 20, 1983.
(3) Ali lot~ set off or created by approval of the Plann/ug
Board on or after May 20, 1983.
§ 100-31.1. Refief from bulk and parking requlremen~, fAdde~
104-83 by L.L. No. 11-19831
A. Findings.
(1) On May 16, 1983, the Town Board enacted Loc,M Law
No. %1983, which incrs~ed the midimum ~rea, w/dth,
depth and yard requ/rement~ ofl~ts located in the A
Reskienfial and Agricultural D/stHct~, as of it~ ef-
fective date of May 20, 1983.'
{2} On August 9, 1983, the Town Board enacted Local
Law No. 9-19837 wh/ch except~I certa/n subdivision
mal~ from the lot arsh, width, depth and yard
qu/rement~ specified in said Local Law No. 7-1983.
(3) Tbe'Town Board has now ascer~{-ed that there
many owners of land who had expended t/me and'
money in the preparat/on of subd/'v/s/on maps con-
forming to'the zoding r~quiremente in effe~ pr/or to
May 20, 1983, but, due ~o c/ram~stances beyond tbe/r
control, were unable t~ have such sul~i/vislon maps
approg'ed by the Planning Board prior to May 20,
1983.
(4) The Town Board finds that,/n such instances, it W°uId
be inequitable to raqu/re such land owners to conform
10028.1
§ 100-31.1 SOUTI-iO~ODE § 100-31.1
to the requirements established by Local Law No. 7-
1983, -nd that such owners should be given an op-
portuaity to petit/on the Tow~ Board to request that
the provisions of the Bulk and Parkin~ Schedule in
effect prior to May 20, 1983, shall apply to the s.ub-
divis/on descr~oed in said pet/tion.
B. Subdivision maps affected. The provisions of this section
shall apply to the fcllow/ng subdivis/on maps:
(1) Mino~'subdivlsion maps for which an application for
sketch plan approval was filed with the Planning
Board pr/or to March 20, 1983.
(2) Major subdivision maps for which an application for
sketch plan approval was filed with the pl~..~g
Board pr/or to January 1, 1983.
C. T/me of fil/n~ petitions. Petitions for the railer provided for
in this section shall be filed with the Town Clerk w/thin slx
(6) months of the effective date of this sect/on.
D. Contents of petit/on. The petition Shall be verified by the
owner of the property and shall set forth such facts as the
petitioner deems appropr/ate to indicate that the petitioner
had filed an application for sketch plan approval of the
subd/viaion map involved, that the petitioner thereafter
diligently and in good faith prosecuted such application
and that tim,eS approval of said subdivision map was not
~rented by the Piauning Board prior to May 20, 1982, due
to c/rcumstances beyond the control of the petitioner.
E. Procedures.
(1) Upon the rece/Pt of a petitio~s,.the Town Board shall
· refer the same to the Plaunin~ Board end the Suffolk
County Planning Comm£~sion iii required by Article
XIII of the Suffolk County Charter) for the/r written
· recommendations.
(2) Upon receipt of the wr/tten recommendations df the
afor~aid planning agencies, the Town Board shall
hold a public hearing .on said pet/t/on upon not less·
10028.2
C
§ 100.31.1
ZONING
than ten (10) days' written notice publ~hed
official town newspapers.
(3) After such hearing, the To~n Board shall take such
action on such petition as it deems appropriate.
F. Fees. Every petition for relief prov/ded for in ~his section
shall be filed with the Town Clerk and shall be ~c-
companled by a fee of one hundred dollars ($I00.).
§ I00-32. Accessory buildings.
In the Jk Residehtial and Agdculraral Dis~/c~, accessory
buildings and structures or other accessory' uses may be located in
the required rear yard, subiect W ~he following requiremena~:
A. Such buildings sh~ll not exceed e/ghteen (181 feet in he/ght.
B. Such buildings shall be set back not less t~- t~,ee (3) feet
~rom any lot llne.
C. All such buildings in the aggraga~ shall cceupy not more
than for~' percem; {40%} of ~he area of the requ/red rear
yard.
§ 100-33. Establ~shed front y~d .setback. [Amended 5-29-73]
Where property in ~e v/cin/ty /z hnproved with pe~mnant
dwellings with a front yard area of less ~han tlmt required by t~e
provisions of this chapter, the front yard setback $h,,l! he the
average setback ~' ~ existing dwellings within r~rae hundred
(300) feet of the proposed dwelling on ~be same side of r. he straeC,
within the same block and t&e same uee district.
§§ 100.34 through 100-36. (Reserved)'
/Cont'd on page I0029)
10028.3
§ I00-40 ZONING §
AETICLE IV
Light Multiple-Ilesidenee Diet,let
§ 100-40. Use regulatiens.
In an M Di~ric~, no bm]ding or premises shall be used, and no
building or par~ of a building shall be erected or altered which is
arranged, in~ended or designed ~o be used, in whc~e or in part. for
any use excep~ ~he following:
A. [Amended 5~0-75 by L.L. No. ~-19~] perm~ed uses,
subject to site plan approval of ~he pl..n;.g Board in
accordance with Article XIII he~o£
(1) Any pmmaitted use set forth in, and es regutat~l by,
§ 100.30A of ~.h_is chapter.
12) Multiple dwellings not exceeding one hundred
five (12~) ~t in ~en~.h ~esi~e~ ~or an~ occupied by
not more ia four (4) fi
($) Beard;%~. and ~ourlet hoase~'
B. Uses permit~t by special eruption by tlm Board of
Appeals. The following asea are permi~l es a spacial
exception by the Board of Appeals, as hereinafter
provided, and subje~ ~o si~e plan approval by the
Board in a¢cerdanca with'Ar~_'~le XIII Mreof:
(1) Any special exception use set forth in. and as regulated
by, § 100-80B of this chapter, e.~ept that the ~ .set
fo1%% in § 100-8018(16) shall not require siva plan app.mval.
[Amended ?-14~6 by LL~ No. 5-19861
C. Accessory uses.
(1) Any accessory use se~ forth in. and aa regalated by,
§ 100-S0C of ~is chapter.
(2) Accessory ases on the same let with and customarily
incidental to any permkt~d use and aot involving
separate business.
(,q! Signs..sub~ec~ to the following requirements:
ia) ()ne (1) mtvertisinl~ siam. eilhtm sin~.,tt~ or doul,l~
10029 ~ -~'.~
100-40
SOUTHOL~pE
§ -100-50
the lower ed!~ of which shall not be less than four
(4) feet aJaove the ground, exclusive of pillars and
post~, and the upper edge of which shah not project
more than fifteen (15) feet six (6) inches above the
g~ound. Such si~n shall advert/se only the business
conducted on the premises upon which it is located.
Such sign shall be set hack not less than five (5) feet
from all street and lot Hnes. Such sign shall comply
with all o£ the supplementary sign regulations here-
inafter set forth.
§ 100-41. Bulk, a~ea end park/nS reqtfirement~.
No bufld{-~ or premMe~ shall be used end no bu~d~-g or par~
thereof eh.l! be erected or ~Itered in the M Limb/; Multiple-
l~_~kience D/s/:r/et unI, ees the seine conform~ w/th the Bulk
Parking Schedule incorporated in/;o ~ chapter by reference,
with the same force and effec~ as if such re~lations were set forth
herein in fulL'
§ 100.42. Li~able floor ares. [Added 530-75 by L.L. No. ~-1975]
Each dw-ll{-E ..it: in a umlt/ple dwell{-E in the M Ligh~
Mulfiple-i{eekience D/str{.~ sh.H have a livable floor area of not;
l~ss th-., eight hundred ~ (850) squar~ fee~ ~u:ep(: thaC a ono-
bedroom or s~..~io dwe}!{-g unit shall have a livable floor a~ea of
· not lees [hen six huudred (600) square feet. '
v
M-1 General Muit/ple-lhmideu~ D/strict
§ 10(~50. Use regulations.
In an M-1 D/etrict. no building or prem{-~es shall be ,.-ed, and no
building or par~ of a building ehidi be e _r,_,c_t__ed or alfred which
C
§ 100-50 ZONING §
arranged,/n~ended or dezigned to be uz~i./n w~ie or
~y ~e ~ep~ t~e follow.g:
A. Pe~t~d ~. .
~ IO0~OA ~d iO0~OA of ~
B. U~ pe~t~ by ~ ~n by ~e Bo~ of
App.. The fo~g ~ ~ p~
acco~ce ~h A~i~ ~II h~:
(1)..~y special ex~p6an ~ set fo~ in. ~d
by, ~ 10~0B of ~ e~p~r, ex.pt
~ in ~ 1~16} ~ not ~qui~
[Amended 7-I~6 by ~ No. 5-1986]
(2) M~ for ~e d~king, m~g ~r ~m~on of
noncomme~ hoa~.~
~ul~ple d~Hin~
(4)KoCh and moth.
(5)To~t ~p~=
C. Accesso~ ~.
{1) ~y acc~so~ ~e set fc~ ~ ~d ~ ~ by,
{2) Ac~zo~ ~ on ~e s~e lot ~
~den~ ~ ~y pe~t~ ~e ~d ~ ~i~g a
{3} Si~ ~ set ~o~ ~ ~ I~C(3} of ~ ~p~.
[~ded 2.1~ ~ L~. No. 2-~983]
§ 100-51. Bulk. area and paddng req~rem,,-~s.
No b~ld~ or p~m~ s~l ~ ~ a~ ~ b~dln~ or p~
the~of s~ be e~ or d~ ~ ~e M-1 Gen~ Mul~pl~
10031
§
§ I00-~5.1
Residence District; uuless the same conformz with t~e "Bulk and
2arking Schedule" incorporated into thL~ chapter by reference,
with the snme force e. ud effect az ff such regulations were set forth
herein in full
§ 100-52.'Building length end sepa.-stlom
A. No buildl-g ahall ~ o~ ~ ~-~ve (125) feet
B. The w~.im~ ~ce be~n p~ b~ s~ be
equ~ ~ ~o (2} ~ ~e h~ght of ~e M~t b~g,
acc~so~ b~g s~ be ~ {20} f~.~
C. ~y ~ sh~ ~ a m~im~ d]me~ion o~ ~
§ 100-53. IAveble floor ares. [AHded ~30-75 by L~L. No. 3-1975]
· Each dwell~-g unit in a multiple dwoll;.g in the M-i General
Multiple-P,~.~idence District; shall have a livable floor area of not
less than eight: hundred fifty (850! square feet, except: that: a one-
bedroom or smdlo dw,111-g unit shall have a livable floor
not less than six hundred (600) square
C
ARTICLE VA
AHD Affordable Housing District
[Added %1-86 by L.L. No. 6-1986]
§ I00-55.1. Purpose.
The imrpc~e of the Affordable Housing District is to provide the
~q~portttnity within certain ~u'ea~ of the town'fi~r the development of
high-~tensity hausiug for famili~ of moderate in~me.
§ 100-55.2 ZONING §
§ 100-55~. Definitions.
For the purpaze of this Article. the follawin~r terr~%'phw.~ and
words shall have the following meaning:
CONSUMER PRICE INDEX -- The consumer pr/~ index,
as published by the Un/ted States Department of Labor. Bu-
renu of Labor ~tatistics, for the New York Metropolitan area.
DIRECTOR -- The D/rector of Community Development for
the Town of Southold.
MODERATE ~COME FAMILY -- .4. family who~e azgre-
gate annual income, including the total of all current ~mnual
income of all family members [excluding' the earnin~ of
working fam~¥ members under age twentT-~ne (21}[, from
any source whatsoever, at the time of application for the pur-
chase or lease of an affordable beu~ing unit or the puro~.~ of
an unimproved affordable lot, does not exceed thirtym/ne
thousand dollzxs ($39,000.), which annual income shall be re-
~ each year on January 31 to conform to the previous yeaFs
change in the consumer price index.
MODERATE-INCOME-FAMILY DWELLING UNIT -- A ·
dwelling unit reserved for rent or sale to a moderate income
family and for which the max/mum monthly rent (excluding
ut/lit/es) or 'the ~aximum initial sales pr/ce does not exceed .
the max/mum rent or maximum sales pr/ce set forth in
§ 100-55.7E hereof.
MODERATE-INCOME-FAMILY UNIMPROVED LOT --
An unimproved lot reserved for sale to a moderate income
family and for which thc max/mum init/al .~les pr/ce, inclu-
sive of the cost of providing public water anti/or public ~wer
service to the lot, does not exceed the maximum sales price
~t forth in § I00-55.7E hert,~f.
PERMANENT FIXED IMPROVEMENT -- An improve-
ment to a lot or a modcrnte-income-family dwcl[inR' unit
which cann. L be removed withnut substantial darrutge to the
premi.~.~ or t~tal los.R of value of,~fid impn~vemenk~.
§ I00-55..2 SOUTHOL~DE § t00-55.5
§ 100-55.3. Lands applicable to establishment of district.
AHD Dis~rict.g shall be established by application to the Town
· Board, pursuant to the procedures hereinafter specified, on pareeis
of land located within the following areas:
A. Land within a one-half-mile radius of the post offices located
in'the hamlet~ of Mat-tituck. Cutchogue, ?econic and Southold.
B. Land ~rithin ~ one-fourth-mile radius of the past offices located
in the hamle~ of Eus~ M~-ion and Orient.
C. Land within one-fourth (,~} mile of the boundaries of the In-
corporated Village of Greenport.
· D. Land in such other areas as shall be designated by Town
Board resolut/on after a public hearing thereoh, upon ten (I0)
days' notice thereof by publication in the official tewn news-
pal~r~
§ 100-55.4. Use regulations.
In the Al:ID District, no building' or p~emises shall be used, and no
building' or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part. for
any use except the followiug:
A. Permitted uses:
(!) One-family detached dwellings.
(2) Two-family dwellings.
(3) Multiple dwellings.
B. Accessor7 uses as set forth in. :~nd regulated by, § 100-,?,0CI1).
(21. (3). (4), (6) and (7) of this chapter.
§ 100-55.5. Bulk. areaand parkin~ r~{uiroment.,~ schedule.
No I,u/{d}ng' or premises shall be u.,~q, and no building' or part
th,,rt~,l' .~hall be erected or altered in the Ali D District. unl~q.~ the
~m¢ o,.i'urm.~ to the foilowin~ Bulk. Area ;etd Parking Schedule.
§ 100-55.6. Planning' and zoning; procedure.
A. Appl/catien procedure. The procedure for planninK and zen-
ink approval of any future proposed development in an AHD
D/strict shall involve a t~tage rev/ew prcoe~ as follow~
(1) Approval of a preliminary development concept plan
and the ~oninK recla~sifioafion of a spec/fie parcel or
parcels of land for development in accordance with that
plan by the'Town
(2) Approval of a final, detailed site pla~ and subdivision
plat approval, if required, bi' the Planninc ['/oa. rd..
]~. Application to the Town Board for rezoning approval I%ur
(4) copies of the application for the establishment of an AHD
DL~trict shall be filed with the Town Clerk. ~'ho .~h,'dl submit
- a copy to the Tow~ Bo~ -~ it.R next regutar .~heduied meet-
inK. The appllc~tion shall contain at It'a-Rt the following: infer-
(I) The n;~me.~ and addre.~e,~ of the property owner.~ and all
other per~m.,~ h;tvb~r :m inler~.~t in the prolx, rty: the
name ;tnd address of the ;tpplk:mt. lif not the ownerr, ami
the namc.,-;
§ 100-55.6
SOUTHOLD~E
§ 100-55.6
gaged or proposed to he engaged to perform work and/or
services with respect, to the project, descr/bed in the
appli~mfion.
(2) If the applicant is not the owner of the property, written
authorization of the owner or owners anthorizin~ the
applicant to submit the application on behalf of the
owner or owner~.
(3) A wri~ton statement deecribing the nature of the pro-
posed, project and how it will be designed to fulfill the
purposes of this Art/cl~ including its consistency with
the Town Ma~ter Plato an analysis of the site's relation-
ship to adjoining properties and the surrounding neigh-
borheed: the am~,ilab/lity ~nd adequacy of community fa-
cilities and utilities, including public water and public
sewer systems, to serve the needs of the project and the
res/dents therein: the s~fety and capacity, of the street
system in the area in relation to the anticipated iu'affic
generated: and such other information as deemed neces-
sary by the To~n Board and/or the Planning Board to
enable them to properly reV/ew and act upon the appli-
cation,
(4) A written statement deecr{bing the proposed method of
ownership, operation and maintenance of all proposed
common utilities, including public water and sewer fa-
cilities, and open land located within the proposed devel-
(5) A. preliminary development concept Dian for the pro-
pos~} project, drawn to a convenient scale and including
-the following information/
(a) The total area of th~ property in acres and square
fee/_
(b) A map nf e.'dstinlt' torraln condltions, including top~-
r',tDhy with a vel'tier, ti contour intervrd of no mo~x.
than t,wo (2) feet, identification of soil WPes lin~qud-
inl~ weflandsL ex/M/nv draina~re fcattir~, maim'
rt~:k uutcrm~i{l~in{.~, thc extent of existin~
areas anti .tiler signifk.':tnt vegetation..'tnt{, uther
si~.~nifieant fcatur~ of tho pruperty.
§ 100-55.6 ZONING
(c) A site location sketch indicating the loc~tion of the
properS, with respect to neighboring streets and
properties, inc[uding the names ef all owners of
property within five hundred (500) feet. therefrom.
a.~ shown on the l~st completed town a.x?.essment
roll. Such sketch shall also shew the existing zoning
of the propertT and the location of all zoning disu4ct
boundar~ in the surroundin~ neighborhoed.
(d} A preliminmT site development plan indicating' the
appreximate location, height and design of all build-
[ng~: [he arrangement of parking a~.~ and aec~
drives: and the general nature and location of all
other proix~ed site improvement~ including rec-
reational facilities, landscaping and ~reening.
storm drainage system, water and sewer eonnee-
~ons. ere.
(el A pi=n sho~vin~ :he number, type and location of all
proposed dwelling uniL~ and unimproved lots to be
reserved for sale or le~e'to moderate income .fami-
lies and the ratio of the .~zne to all proposed dwell-
lng units ~.nd lots in the development.
(t') A generalized time schedule for the stagin~ and
complation of the proposed project. ·
(gl An application fee in the amount of fifteen doll~rs
· ($153 for each prol~'~4 dwelling unit or five hun-
dred dollars ($500.1. whichever is greater.
Referral tn Planning Board. Upan the receipt of a proper~y
completed application for the establishment, of a new AHD
DisU'icL one (I) copy of the application shall be referral to
the P~annin~' Board for its review and reo~rt, and one {l
copy shall be referred Lo the Suffolk County Planning Com-
mission for iL~ review and re. commendation, ii' rc-qnin.~l hy
the prnvisions ef the S~fff, ik .Cmmty Chart~.r. Within
(GO) days fi'om dm d:~.ce of lite Planning B(=r~t meeting ac
which such referral is recelv~L the Planning' B~rd shall
Tmrt its rtx-ommcndations to Ll~e Town B~mrd. N. ~-tion shrill
he taken by the Town Board until receipt of tho
100:17
§ 100-55.6 SOUTHOLD~DE § 100-55,6
Board report or the explr~on of the P[~ning ~ r~v~ew
~ri~. whichever ~ ~eu~. Said ~ew ped~
~nd~ by mutual ~n~ of ~e P~anning
applic~
D. P~ann~n~ Bo~ ~r~ ~e P~nn~ng ~. ~n
the To~ Bo~d. m~ ~ommend either
'glicatiou for ~e ~bl~hment of ~e AHD D~c~ ~ or
withou~ m~ifi~tiom~, or d[sappm~ of ~{d
~e event ~t ~e Planning Bo~ ~mmen~ d~pp~v~
of said ~pp{~c~on. it sh~I state in im ~rt ~e ~ns for
such di~0pmv~. In p~ng i~ ~ ~nd ~mmenda-
tio~ ~e Pla~in~ B~ sh~l ~ ~nside~fion ~ ~e
Totem M~r Pla~ ~e exis~ng and ~i~ ~n~ ~ in
of bu~ldino on ~e si~: ~c ci~ulation, ~ on ~d off ~e
si~ ~e ~eq~cy and ~v~bili~, of ~mmun[~
and utili~, including public ~er
~ ~ ~i~ ~e p~ developmeng compii~ of ~e
p~ development wi~ ~e smn~
of ~{s ~c~ ~e ~en~t n~ for
such ~er ~m~ ~ ~y be ~la~
E. To~ B~ public h~fing. Within fo~,-fi~ (45) da~ from
the da~ of ~e To~ Boa~'s ~ipt of ~e Pl~ning B~'s
~ ~d ~ommendaffou. or ~he ~pim~on of ~e Plan-
ning. B~ review ~. whichever fi~t ~m. ~e Town
B~ shall hold a public hearing on ~e mater of ~Iish-
lng an AHD Dis~ct on the pmpe~' d~crib~ in ~ appti-
~tion. Such hearing sh~l ~ held u~n the ~me
~qui~t by law for ~end~n~ ~ ~ To~ ~g $~p
~or ~
F. Town ~ actlo~
(1} Wi~in fo.-five (45) ~.~r ~e da~ of ~ ct~ of
· c ~,.l,{{c he~o~, the Town ~,l sh~l ~t
al,pm~ve. ~ppm,ve with .m~i~. or d~pp~e
p~liminary development con~p~ pl~ ~d ~e app~val
or tli~tpp~l of the t~mblishmcnl ,d the Alii) D~trict
10038
§ 1~0-55.6
ZONING §
applied for. Approval or approval with modificati~'ns
shall be deemed as authority for the applicant ~o proceed
with the detailed design of the proposed development in
accordance with such concept plan and the procedures
and requirements of this Article. A copy of the Town
Board's determination shall be filed with the Planning
Board and g copy mailed to the apl~licant. A copy shall
also be filed in the Town Clerk's office. If such determi-
nation approves the establishment of a new AI'ID Dis-
wict. the Town Clerk shall cause the official Zoning' Map
to be amended accordingly.
(2} Approval of the establishment of an AHD Distr/ct shall
expire twelx~e ~12) months after the date of Town Board
Approval thereof if the applicant has not recoived site
development plan approval and final subdivision plat
approval of at lea.st the first .section of the planned devel~
opment within such twelve-month per/ed. Appcoval of
the establishment of an AHD Di~rict shall expire eigh-
teen 118) months after said Town Board approval t.hereof
if work on the site has not commeneed or the same is not
being prosecu~i ~o conclusion w~th reasonable diligenee~
· The Town Board. upon application of the applicant an~l
' upon good caase being sho~'n, may in the exercise of its
di~retion, ex~end both of the above time per/ods for not
more than two (2) additio.n, al periods of not rnor~ than six
(61 months each. In the event of the expiration of ap-
proval as herein provided, the AHD District-shall be
deemed revoked, and the zoning classification of the
property affected thereby shall revert to its zonin~ clas-
sification that existed on the properS, immediately pr/or
to the egtablishmant of the AHD District thereon, and.
the Town Clerk shall-canso the official Zoning Map to he
amended accordingi~
G. Site plan and subdi~qsion plat approval by the Planning
Board.
(1} No oarthwork, site work. land clearing, construction or
development activities shall take place on any property.
within an AHD District except in aecordance with a site
10039 ~.~-N~
§ 100-55.6
~2)
SOUTH~ CODE
§ I00-55.'~
p[an approved by the Planning Board in accordance
with the provisions of this Article and in accordance
with the procedures and standards for site plan approval
as set forth in Article XIII of this chapter.
Where a propesed development involves the subdivision
or resubdivision of land. no development shall proceed
until the Planning Board has granted final subdivision
plat approval in accordance with the provisions of Chap-
',er Al06 of the Town Code.
§ 100-55.7. Regulations and requirements.-
.~ Sewer and water. In an AHD Disu'ict- public water supply
systems and/or public sewage disposal sy.stems shall be
provided to serve all dwelling unit~ located therein.
B. Covenants and restrictions. In approving a preliminary de-
velopment concept plan and/or the establishment of an AHD
District. the Town Board shall hame the right to require the
applicant and/or the owner and all persons having an interest
in the promises to execute an agreement, in recordable form.
containing such restrictions, covenants, terms and conditions
as it deems neces~ry to'accomplish the intent and purposes
of this Article.
C. Provision for moderate-income-family dweiIing units and un-
improved lots.
tt) On land within an AHD District containing ten (I0)
a~r-es or less of land. not le.~s than forty percent (40%) of
the dwelling units and/or unimproved lots located there-
in shall be reserved for sale or lease to moderat~/ncome
families. '
I2~ On land w/thin an AHD D/strict containing more than
ten (10) acres of land. not less than fifty percent (50%) of
the dwelling units and/o~' unimproved lots therein shall
be reserved for sale or lease to moderato-lucerne families.
[Amended 11-18-86 by L.L, No. 14-I986]
10040 az- z~- ss
§ 100-55.7 ZONING §
Eligibility. In each AHD District. the sale or lease of dwelling
units reseza'ed for moderate-income families and the sale
unimproved lots reserved for sale to moderate-income families
shall be allocated on a priority basis, in the following order:.
(1) First to eligible applicants employod in the To~m of
Soutbeid.
(2} Second to eligible applicants who reside in the Town of
. Southold. in the order of length of residence in the town.
(3) Third to all uther eligible appiicants-
Maximum sales price and monthly rent.
(1) In an AHD District. the m~ximum initial sales l~rice of a
dwelling unit or unimproved lot re~ervod for sate to
moderate-income f~milies shall be as follows:
(a) Unimproved lot containing an area of ten thou.~nd
(10.000) square feet: twenty-five thousand dollars
(S25.000.).
(bi Attached dwelling unig .~ixu.o thousand dollars.
($60.000.}.
(c) Single-family detached dwelling uni*' ~evenW-five
thou~nd dollars ($75.000.1.
(2} The rnaximu~n initial monthly' rent exclusi~e of utilities.
for a d~llin~ unit reserved for moderate-income families
in the AHD District shall be az follo~:
(al Studio apartment: three hundred dollars
(b} One-bedroom dwelling uniu four hundred dollars
Two-bedroom dwelling unit: five hundred dollars
($500.}.
(dl The provisions of thL~ § 100~55.TE(2} shall remain
in effect as to cach dwellin~ unit for · period of fif-
teen (15) yeo. r~ from the d~u~ of the initial lease
thereof.
10041 r,..~.~
§ t00-55.?
$0UTHOL~DE § I00-55.7
The maximum sale prices and monthly rents set forth in
§ I00-55.7Eli) and (2) hereof sha/i be revi~ ~h year
on Jan~ 31 ~ ~nfom ~ ~e previous y~fs change
in ~e ~nsumer price inde~
F. Resaie p~ce of dweiilng uni~ ~d unimproved Io~.
Dxveii/ng uni~ in an AHD District ~ for m~era~
income famili~ may be ~ld to m~e~inmme fami-
lia. p~vided that ~e maximum r~a/e p~ee d~ not
exc~d the purch~ price plmq ~e ~t of ~anent
fix~ imp~vemen~. ~t~ for ~e inc~ in the con-
sumer price index during ~e ~ri~ of omvne~hip of
such dwelling unit and such imp~vemen~ pl~ re~n-
able and n~' ~e ex~en~
{2) Unimp~ved lo~ in an~AHD Dis~ict ~e~ for mod-
e~income famil/~ may be ~ld ~ m~e~t~}ncome
~mili~. p~vid~ ~at ~e ~imum ~e p~ d~ not
exceed the pu~h~ price for such }ot ~just~ for ~he
chan~ in the ~nsumer price index for ~e ~ dur-
~ng which such lot w~ o~m~ by ~e ~le ~iler. p[us
re~nab}e and ne~ ~e expe~
{3) ~e~ ~n unimp~ lot in an AHD Distd~ ~
for m~e~in~me ~miH~ ~ imp~ ~ a dwell-
ing uniL the m~ximum r~le price shall be de~in~
in the manner s~ifi~ in ~ 1~-55.7F(1) her~
(4) ~o~ths~nding ~e prox~sio~ of ~ 1~-~,7F(1), (2) and
(3) he~f. the Dir~tor may autho~ze ~e ~ale of a
(Cont'd on page 10042.1)
10O42
§ 100-55.7 ZONING
dwelling unit or unimproved lot reserved for moderate
income families at a price in excess of the maximum ro-
sale price ~pecified in § 100-55.7F(1), (2:.1 and 13) hcr~,f
under the followinK conditions:
(a) That, the owner of such dwelling unit file an appll-
cation with the Director requesting approval of
such resale, setting forth in detail the ~deuladon
for the determination of the maximum rc~Jc price.
the proposed resale pr/ce and such o~er informe-
r/on and documentation a~ the Director shall requesL
ih) That :he ~ortion of the resale pr/ce in e.xee~s of the
maximum allewab'ie resale pr/ce shall be div/ded
between the resale seller and the tawn in the follow-
(c)
ing proportions:
Year of Resale Pereenta&e Peroentage
After Purchase to Owner to Town
1st 0 I00
2nd 20 80
3rd 40 60
4th 60 40
5th 80 20
6th 90 I0
Ail money received by the town pursuant tn the
provisions of the preceding Sub~ction F(4Xb) shall
be deposited in ~parate accounts and shall be ex-
pended only for the purposes of this Art/cie in such
manner az shall be determined by the Town Bourd.
§ 100-55.8. AdminL~-tration.
A. Genera2 dut~ of Director.
{1) The Director shall ~ ~l~il,le for the atlminL~t~tio~
of dwelling uniL~ and unimpn)~ IoL~ ~m'~ for m~-
era~ in.me famili~ in all AHD Dist~ete pu~nt to
§ 100-55~ SOUTHOLD CODE § 100L55.8
. (2) The Director shall promulgate and maintain informs- ..
tion and documen~.ticu of ail dwelling units and unim-
proved lots reserved for moderate income families in ail
AHD Districts:, the number thereof available for sale or
{ea.~ at all times;. ~he sa[e prices and monthly rent for
· such d~elliug units and lots; and the n~mes and
dresses of eligible families desiring to purchase or lease
the same. together wit~ a priority llst of such famliies.
The Director shall ma}ntain such other records and doc-
umcuts as sh~ll be required to preperfy adminL~ter the
provisiou.m of this Article.
B. Interegeecy ecoper~tion.
(I) Vghenever the Town Board approve~ the establishment
of au Al-ID District. a copy of such determination sh~ll
be filed with the Building Inspector and the Director.
together with a copy of any agreements and/or covenants
relating theret~
(2) Whensver the Planning Beard approves a subdivision
plat and/or a site plan affecting laud within an AHD
District. a copy thereof shall be filed with the Buildihg
Inspector and tbe. Director. together with eopie~ of any
~&,Tecments and/er covenantS re}sting
(3) Wbensver the Building Inspector sl~all issue a building
permit, a set.cate of occupancy or any other permit or
authori~tlan affecting dwelling units and/or unimoroved
lots located in an .~'-ID District and reserved for ~le or
lease to moderate income families, a copy thereof shall
be filed with the Director.
C. Proocdur~
(1) V, rhenevar the Building I~.~peetor receiv~ .~n applicotien
for a ceF~ifieate of occupancy for a dwelling unit or un~
improved let located in an Al-ID District and reserved
for .~Je or lease to moderat~, income famliies, the
lng Inspector shitil file a copy thereof with the Director.
who sh.'~}l inform the uwner ,and]or person filing such
~pp}ic~tiun o[~ the m~:imum .'.~ price ur mun~hly rent
§ 100-55.8 ZONING
for such dwelling unit or lot a.~ well a~ eligibilitr re-
quirements for families seeking to pu~ or 1~
such dwelling tmic~ .c
(2) No eerfifi~ of ~cupaney may be i~u~ by ~e Build-
ing InspeCt until the Di~mr hms suppli~ ~e Build-
jnff Inspee~r ~ ~e information p~vid~ for
p~edin~ ~b~e~on and ~e Building I~r de~r-
min~ that ~e i~suance of the ea~fi~te of
will not ~rmit a use. ~eup~. ~le or I~ ~ a dwell-
ing unit or unimproved lot in ~ola~on of ~e p~io~
of this Article.
(3) The Di~emr shall ~rtif~. ~e eli~bili~ of a~ appli~nm
for lem~ or pureh~ of dx~lling uni~ and unim~m~
loc~ ~ for m~emm income familk~ An own~ of
dwelling uni~ and unimproved 1o~ in ~ ~D D~et
which ~ ~e~ed for ~e or t~ ~ m~em~ income
families shM1 not ~I1 or le~ ~ ~me
who d~s not ~ a ee~l~ of ~li~bili~' ~u~ by
fion shall ~n~ ~ for ~e m~fion of ~ ~r-
On or ~or~ M~h 31 of ~h ~r,
not~ ~ o~er or ~a~of dwelling uni~ ~d
impm~ 1o~ ~ for ~em~ income ~ili~ of
the mon~Iy mn~ ~le pM~ ~d income eti~biHW
quimmen~ for such uni~ and 1o~ b~ u~n d~,~ d~
~5) The owner or ma~r of dwelling' unit~ and unim-
prow lo~ ~ for m~em~ ineome hmili~
ee~ify in wMfin~ m ~e DiOr on or ~fom ~y :H of
each y~r that ~e ~le an&or 1~ of such al{veiling unils
and lorn ~mply with ~e provisions of
~L~ ehap~r.
When a dwelling unit ~ for lem~ to mmle~ate in~
~me families ia ~ ~ mn~, ~e lem~ for ~eh unit s~l
not axe~ a ~ of tx~ (2~ ye~
§ 100-55.9 SOUTHOLD
§ 100-55.9. Applieabili~'.
Ail Iff the provisions of the Code of t. he Town ~f Southold not/neon-
sistent, or in conflict with the pruv/sions of this Art/cie shal[ be
ca. bte in ~e AHD District.
ARTICLE VI
"B Light Bmdne~ D/str/d;
§ I00-60. Use regulations.
In · B DisL~/ct. no building' or prem/s~ shall be used, a~d no
building or pa~-t of a building shall be erected or altered, which is
arranged, intended or designed to be used, in wh~e or in part, for
§.ny uses except the fo~ow/ng:. · ·
A, Parmitt~[ uses, subj~-,c~ to si~ plan approval by the
Pl-~i'~g Board in accordance with A..--~cle XIII hereof.
[Amended 10-26-78 by L.L. No. 5-1976; 2-1-8~ by' L.L. No.
2-198,31
(D Any' perm/~,ed, roses set; ~ in, and as regula'~I' by,
la) Subsection' ~(2} and iai ~f § 10030.
(b} Subsection A(3) of § 10040.
(21 Bu.-inees, professional and gow. mmental offices.
(3) B.~I~s a~t s~.~cial institutions.
(4) P. et~il stores.
(5). Restauranta.
(6) Bakeshops (for on-ta'emisea sale at retailL
(?) Latmclroma~ a=d alrmq.~ estabLLshma-ta.
(8) Pez~onal service s~ores and shops..
(9) Marinaa for the do-kln5 moorin~ md accom,~odation
of noncommer~.l boat~, including ~e sale of h~el and
oil primarily for the use of boata acco~,~odated in
such marinaJ '
§ 100-50 § I00-60
B. [Amended 7-[-86 .by L.L No. ~-i986] U.~ {~rmitted by
special exception by ~e Boa~ of Ap~. ~e ~oilo~ving ~
are ~rmitted ms a s~cia[ exceptinn by the ~rd of Ap~als.
as hereinafter p{~vid~, and. except for ~e m~ ~t fo~ in
Subs~tion B(2) he~f. ~ subj~t ~ si~ pl~ approval by
the Planning ~ in ac~ance with A~c{e XIII he.f:
(1) [~euded I0-26-76 by L&. No. ~I976] ~y s~
exceptiou ~e sea fo~h ~ ~d ~ m~ by, ~e
fo~ p~ions of ch{, ~p~
(al Subs~on Bi2I W (13{, ~ive, of f I~0.
ih} Sub~c~on ~2). (4) =d (51 d i 1~0.
(2) S9eeial exception ~ ~t fo~ in ~d = ~la~ by
No. 5-1986]
26.76 by L&. No. 5-19761
{1) Ac~sso~ ~ on ~e ~e Io= ~ =d
sepm~ b~s.
do~lmhc~, not ~ ~h,. sk {6) f~ sk (6)
ve~e o~y ~e h~ co~ on ~
§ ~.O0-GO
SOUTHOLD CODE
§ lO0-G2
and advertis~g only the business conducted /n
such building, provided that; such sign do~ not:
[1] Exceed two [2) square fes~ im total area for
e~ch borizont~ foot of such ws~L
[2] Exceed in width one hundred percent {100%)
of the bor~n~l measurement of such w~[L
[3] Exceed te~ ~10} feet in height.
[4] Project mom than one {1} foot from such
Eoof signs. ~n lieu of a wall sign authorized by the
preceding Subsect/on C(3}(bL a mol ~ st/all be
permitr, ed~ provided t~mt the sam~ i~ at'cached tn
or incorpors~ed /n a roof, wh/ch ~ ~1~1! ad-
vertise only the business conducted in the
bu~lai~g upon wh/ch it/s e~ched~ and provided
tha~ such sign does not:
[1] Exceed t~o (2) squ~e feet in tutti sre~ for
e~h linear foo~ of such roof.
[2] Extend above the ~es~ poin~- of ~he roof in
the CaSe of · pi~ched roof. ~d in siI o~her
c~ses, exceed ~wo/ {2J feet six 16) ~hes in'
heigh~ ~bove ~e highest poine, of the mol.
Pm~ec~ beyond the edge of the roof.
§ I004~2. Ketail shopping centers.
Notwithstanding any other provisions of this Article, a building
or a combination of buildings cont~ipi~g ret~il stores, mercantile
§ 10o-62 ZONING §
establishments, officee, Banks and ~nsnc~ institutions, eom°
monly known as shopping centers, may be erected or altered in the
B Business District, subject, however, to the foll(~wing
requ/rements:
A. Approval of site development plans by the Pl-n-{-g Board
in accord.rice with Article XIII hereof.
B. The lot area shall be not less ths~ one (I) acre and the lot
width sh~ be not less than one hundred fifty (150) feet.
C. At le~zt ~went~--five percent (25%) of the lot area shsH be
landscaped with grass and plantings.
D. The required fron~; yards shall be not lees than thirty-five
(35)' feet, excepf; that where the property in the v{o;.ity is
partly buil~ up with permanan~- buildings and an average
setback line has been established, no building shah projec~
beyomi the line of the average setback so established.
E. The required side yards shall be not less ~h~. twenty-five
(25) feea
F. The-required mar yard shall be not less eh~. ~wenty-five
(25)
G. Parking shall be provided in off-samet paring areas which
sh~I1 provide one (1) pex~-g Sl~S~. tJ~ee hundred fifty
· (350) square feet in ~roa, for each one hundred (100) square
feet of sales floor area or office floor ~res in e~¢h building.
[Amended 5-29-73]
H. All r~;nf~]! and stormwater accumulated on the pr~n[~ea
shall be returned to the ground wikh~, tbe bounchuies of
. the pr~mlses.
L The total floor area for each retail or service establiskman~
located therein sh~l! not exceed ten thausand {i0,000)
square fee~.
§ 100-63. Uses Confined to enclosed buildings. [Amended 5-30-75
by L.L. No. 3-1975]
All uses permitted in a B District, including the display and
sale of merchandLse and the storage of all property, except l/ring
§ IO0-a2 SOUTHO .~ § 100-70
plan~, shrubs or tree~, sh.I! ~e co-fl~e4 ~o fully enclosed
buildin~ on ~he prem/ses.
ARTICLE VII
B-1 Ge=eral Busi~eaa District
§ 100270. Use re.fat/ohs.
In ~he B-1 District, no bu/lding or pr~mi-,~s ShnI] be ~ ~4
~g~, ~nd~ or d~ ~ ~ ~ ~ who~ or ~ ~, for
~y ~ excep~ ~e
L~. No.
(~) Any pe~ ~ sea fc~ ~ ~d ~ ~d by,
~) Subo~n A(3) of ~ ~.
(c) Su~n A(2) ~ (9), ~, of ~
(d) ~
~. ~Amended 7-1~6 by LL No. ~qgS~ U~ ~ed by
speci~ excep~ by ~e ~ o~ Ap~l~ ~e following ~
a~ he~in~f~r p~d~, ~d. except for the ~ ~( fo~l~ in
Sub~fion ~7) he~L a~ ~b~ ~ ~ plan appel by
~e Planning ~ in ~ce wi~ ~cle ~II he.f:
{1) [Am~d~ 10-26-76 by L&. No. 5-1976] My sp~
fo~o~g pm~o~ of ~ ~pter:
(2! Places of amusement.
§ 100-70
ZONING § I00-70
(3) Fis;~ stations.
(4) Public ~ragas. gasoline service stations and new and
used car lots, ail subiec~ to the following
requiremou~:
(a) En~'ance and eacit driveways shall have an
unrestricted width of hoc less than ~wel~e
feec and not more than ~ (30) feet and
be located not less ~ha~ ten (10! £ee~ from any
property line, and shall be so laid out as to avoid
the necassi~' of any vehicle ba~ldng out; re:ross
any public righ~oi-wa¥.
· (b) Vehicle lifts or pits. diemantled a~tomobilas and
all per~s or supplies shsll be located w~;thln a
braiding.
(c) Ail service or repair of motor ~iclee, other
such minor servicing as ~hsn~e o~ tires or sale of
~soline or oil. shall be conducted in a builrll-g
(d) The storage of gasoline or fl=.-mmhle oils in bulk
s~,," be located ~ undergro,~,~ and not; lees
t~,.n thir~-fivo (35) feet: from an~' proper~ line
other ~e,~ the street; ~
(e) NO gasoline or f~el pumps or ~,I~ si,,, be
.ioca~.~:l less th.. fifteen (15) feet from any sf~reei;
or proper~ lin~
(f) No motor vehicle sales, used car lots, ~asoline
service or repair shops or .~r. ,%. businesses are to
be located within three hundred (300) .feet Of
churcl~ public schaol, lilmu~, hospital, or-
phanage or a rest hume. [Amanded $-30-75 by
L.L. No. ~19~51
(5} [Added 4-II-T8 by L/,. No. 2-1978~] Pari;ial self.
service lp~scline service stations shall be subject to all
of the provisions of § 100-?0B(4), and the followin~
additional requirements:
§ 100-70
SOUTHOLD CODE
§ 100-70
(a) Each part/al self-service gnsoline facility shall
have a qo~ll/ied a~tev,{--~ on duty whenever the
station is open for business. It stroll be the duty of
the c~ai/fied a~:evds-t to control and operate
both the console regulefing the flow of gasoline to
the dispens/~g equ/pment therea/ter to be
operated by the ~astomer at the se/f-sexy/ce pump
island sad the dispensing equipment on the other
pump islands.
(b) Gasoli-. shall at no time be dispensed without
the dim~ super/s/on of the quaiified a~tendant.
A co~_! ah.l! be provided which will shut off the
flow of gasoline ~o the dispensing equipment
the s~If-sendce pump island whenever the
cra.li~ed a~evd.~t is absan~ from the
console for any reason whatever, including when
he is operating the dispeasing eqnlpmen~ on the
other pump ishnds.
(c) The console regul~;-E th~ flow of gasol/ne ~o the
remo~e disp~.s/ng equipmen~ the~m.e~- operut~[
by the customer a~ the self-servi~ pump island
qunl;~ed att~ndsat can~oJ~-~ said cousole an
unobstructed view of the operation of said remote
disp-~-g equipment.
(d) The self-service pump is]and s~s]! have Con,reis
on ~l pumps ~ will pennl~ said pumps
operute only when a dispensing nozzle is removed
from its bracket on the pump and tim switch for
tJ~is pump is m~w.~Jly operate&
(e) The s~f-service p. ump island shail be protz~'~t by
an automatic fire protection system/n the form of
an approved syst~n 'of dry power release wk/ch
will act as sa automatic fire
(fl No costomer shail be permitted ~o dispouse
gasol/ne unless he 'shail p~--~s~ a valid motor
vehicle operator's ~
100-70 ZONING
(g) There shall be no la~.h~peu device on any self-
service d~speusing nozzle.
(6) Cablusc shops, c~xpenter shops, e~ shops,
plumbing shops, furniture repair shops an~ bicycle
and motorcycle shops. [Added 5-~0-75 by L.L. No.
19751
(7) Special exception uses set forth in. and ~s regulated by.
§ 100-:~01~16) of thh~ chapter. [AddL~ 7-1.-86 by
No. 5-1986]
C. Acceesory uses. [Amended 10-26-76 by L.L. No. 5-1976]
(I) Accessory uses on the s~me f~t with and
inc~enta~ ~o any permi~ use and hoc inv~tv~ug a
· separ~ bus~uess,
(2) SLo'~s ~s sec for~ in § 100-60C(2) of ~b~
[Added 2-1~3 by I~L. No. 2-1983]
§ 100-71. B'~ area and perl,~g requ/rements.
No bvJlding or pro,~,es sl~,,~ be used and no building or
thereof shall be erect~ or altered in ~ B-1 General
Dis~r/c~: unless the same conform.s with the "Bulk and Par~-g
Schedule" incorporated inW th/s chapter by r~ee~nce, wil;h ~ho
s~e force and effec~ us if such re~lafiono were set fo~cl~ here/n in
(_
ARTICLE VIII
C Light ,I/ldustrlal Distrlc~
§ 100-80. Use regulations.
In a C District, no building or pr~nises s~,l! be used, and no
building or. par~ of a building shall be e~,cted or altered which is
arranged, intended or dest~ned ~o be used. in wh~le or in part. for
any put, use excep~ the following:
lotl. ll!.t I - '- '
§ 100-80 SOUTHOLD~DE § ~00~80
A. Permitted uses.
(I) [Amended 10-26-76 byL.L. No. 5-1976] Any ~ermit~ed
uses set fOrtll iii, slid as regtlla'~i by, ~ [o[Iowillg
provisions of this
(a) Subsection Al2) and (3) of § I00~.
I3. [Amended ?-1-86 by L~ No. ~-1986] Uses 9ermitted by
special exception by the Board of Appeals. as hereinaftar
provided, aud except for the uses.~t forth tn Subsection B(IS)
hereof, are subject to si~e plan approval by the P{anning
Board in accordance with Article XIH hereof:
{1} Industrial~_,~_, including m~ufacturing, assembling,
converting, altering, ~i~hing, cles~i~g or o~her
processing, ~d~g or storage of produc~ or
_m~rials, involving the use of ~nly oil. ~as or elec.
i2) Eeses~h, desig~ and d~vek~me~u; ~borator~es; or, ce
(~ Wholesale storage and wambnusiug.
I~) Public utility structures an~ uses.
(6) New~paper and printing es~ablishmants.
I'~J Bus and truck tsr~-~ Igarages, parking facilities,
(8) Food processing and p~c~in~ plants.
(9) Marin_~s for the doeld~g and mooring of all type~ of
ilO) Launching
(11) Ferry
{12) Yacht: clulo-,,; charter fizh~,,g
· (13} Eat, ing and djt'~'n~-g'ests, hl/~in,aants.
§ 100-80 ZONING § 10090
{14) Retail salez of boa~s and mar/ne items.
(15} Boat building; boag servic/ng; boa~ storag~ fadl/t/~.
(16) Yards for sale and storage of fuel and building
, ma/;erials.
(17) Special exception use. [Repealed I0-26-76 by L.L. No.
5-19761
(18) Special ~xception uses set forth in, ~nd as regulai~l by'.
§ I00-30B(16) of this chapter. [Added ?-1-86 by L.L.
No. 5-1986]
C. Accessory uses.
(1) .Accessory uses on the same log with and sasto,~*rily
i-~{dental to any permitt~,d use and nog involving a
separate business.
(2) Signs us sec forth in § 100-60C(2} of th{. ~Aspter.
[Added 2-1-83 by L.L. No. 2-19831
{} 100-81. B,,II~; area and parking mqulrezmmts.
No bulldillg or prem~e.s SNell be used and.no bm'l~;~g or parg
thereof shall be erected or alim~d in the C Light LndusCrlal
Dist~ic~ unless the same conforms with ~he "Bulk and Parl~g
Schedule" incorporated into this chapter by reference, with the
same force and effec~ as if sara regulations w~ seg forth herein ia
ARTICLE IX
C-I General Industrial Distri~
§ 100-90. Use regulations.
A. [Amended 7-81-75; 10-26-75 by LL. No. 5-1976; 7-1-86 by
LL. No. 5-1986] In the C-1 District, buildings and premises
may be used for any lawful purpose, except that no building
and/or premises shall be used for hotel, motel or tourist camp
purpase~ and the ,_,_~es__ hereinafter set forth are permitted only
10042.13
§ 100-90
SOUTH~D CODE § I00-90
by special exception by the Board of Appeals, as hereinafter
provided, and, except for the uses sec forth in Subsection
A(48) hereof, m'e ~bjeet. to site plan app~v~l by the Plan-
ning Board in accordance with Article XIII hereof:
(1} Abattoirs.
(2) Acetylene ges manufacture or gea manufacVare from
coke, pet=-oteam or from any other producr~ or the
ztorage thereof.
(3) Acid ,-.-tdactmre.
(4) Ammo.!~ hleachi-g powder or chlorine m~u.tacture.
(5) Arsenal.
(6) Asphalt m.nufacture and asphalt mixin~ plante.
(7) Blast furnace.
(8} C~ment, lime, gypsum or plazter of paris ma=ufac-
tore; read¥-m~ or bulk concrete plan~z and block
r.~nufact'uring.
(9) Coke ove=z.
(10) Cramatories.
(11) Distillation of bones.
(12) Dwellings, all types.
(13) Explosives manufacture or storage.
(14) Fa~ rende.~g.
(15) Fertilizer maaufactur~
(16~ Fireworks ma~ufacture.-
(17) Garbage, offal or dead a~im.l- reduction or dumpiag.
(18} Glue, size or gelatin ~-~-ufacVare.
{19) Gunpowder m--nfact'ure or st0rag~
(20) Automobile wrecking yards and all other j,,.Icyards.
(21) Oilcloth or linoleum m;~nulacmre.
10042.14
L
§ 100-90 ZONING §
(22) Oil, rubber or leather m~nufac~re.
(23) Ore reduct/om
(24) Pa/hr, oil, shellac, turpent/ne er varn/zh manufacture.
(25) Paper and pulp manufectura
(26) Petroleum reining, storage ~.~r~.
(27) Potash wbrks.
(281 Roiling mill
(29) Rubber or gutta-percha ,~,mfacCure.
(30} Saltworks.'
(3Ii Sauerkraut manufactor~
(32} Shoebl~at~ing or stove pol/sh ,~,~facture.
(33} Smelting.
(34) Soap manufacture.
(35) Stock~mrds or slaughterhouses.
(36) Stnne mill or quarry.
(37) Structural steel or pipe WOrks.
(38) Sulfuric, nitric or hydrochloric acid man-~cture.
(39) Sugar refining.
(40) Tar distillation or m~ufactore.
(41) Tar roofing or waterproofing manufacture.
(42) Tsllow. grease or lard manuf~c'axre.
(43) Tanning, curing o~tnrage of rawhides or skins.
(44) Tobacco (chewing) manufacture or treatment.
(45) Vinegar manUfacture.
(46) Yeast plant.
(47) Airports and airfields.
10042.15
§ 100-90
SOUTHO~CODE
§ I00-100
(48) Special exception uses set forth in, and as regulated by,
§ 100-30B(16) of this chapter. [Added 7-1-86 by L.L.
No. 5-1986]
§ 100-91. Special exception uses;, site plan apprevaL
Notwithstanding any of the provisions of this Article; where a use
is permitted [n any use distr/ct only gsa speeiat exception by the
Board of Appeals, such use is not permitted in a C-1 Distr/ct except
as a special exception by the Board of Appeals, and where a use in
any use district is subject to site plan approval of the Planning'
Board, such use in a C-i Distr/ct shall require site plan approval of
the Planning Board.
§ 100-92. Signs.
Signs as specified in and regulated by § I00-60C of this chapter
~.re perrniUed in a C-I District.
§ 100-93. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the C-I C-eneral Industrial Dis-
trict unless the same conforms with the "Bulk and Parking Sched-
· ule" incorporated into this chapter by reference, with the ~ame force
and effect as/f such regulations were set forth herein in full
ARTICLE X
Tourd~ Camps, Camp Cott~.ges and Trallers~
§ 100-I00. Permits required.
No teuri~t camp shall be establ/shed, ma/nta/ned or operated in
any district, nor shall any tent, tent house, camp cottage, house ~ or
trailer to be used or occupied as a place for liv/ng', sleeping' or eating,
whether charge is or is not made, be erected or pl~ced therein, unless
authorized by the Town Board pursuant to the provisions of the
Trailer Camp Ordinance, dated June 30, I953.~
10042.I6 e.~s.ss
§ 100-I01 ZONING § IOO-llO
§ 100-101. Automobile trailers or house cars.
Notwithstanding any other provisions of this chapter, a single au-
tomobile trailer or house car may be located outside a tourist ~.mp
only when authorized by the Town Board and subject to such condi-
tions as may be prescribed by the Town Board.
§ 100-102. Exemptions.
This Article shall not be deemed to appl)' to the temporary or sea-
sonal camp of any unit of the Boy Scouts of America or the Girl
Scouts of America or other such organizations under the leadership
provided by said organizations, respectively.
ARTICLE XI
General Regulations
§ 100-I10. Signs.
The p~ovisions of this section shall apply in all districts.
A. No sign, billboard, advertising- d/splay or structure, poster or
device shall be erected, moved, enlarged or reconstructed
cep~ as e~xpreesly permitted in this chapter.
(Cont'd on page 10043)
10042.17 s.as.sa
§ 100-110 ZONING § 100-112
B. The following types of signs or artificial light~ug are
prohibited:
(1) Billboards.
(2) Flashing signs, including any s/gn or dev/c~ on which
the artificial light/s not ma/ntained stationary and
constant; in intensity and color at all ~;~ when in
(3) Signs which compete for attention with, or may be
mistaken for, a traffic signal.
(4)' The outl;nlng by d/rect lll-m;~atlon of a~ or any par~
of a building, such as a gable roof, side wall or comer.
{5) Signs made out of cardboard, paper, canvas or slm,%~
impermanent material.
§ 100-Iii. Contlnuatlen of ex/sting signs.
Notwithsr~iing any other prov/sions of ~h;. chapter, ~uy sign
in existence at the effect/ye date of ~.hi~ chapter, as first enacted in
1957, which does not conform to the provisioas of ~ chapter,
shall, with/n five (5) years from such date, be d/~.ontinued un/ess
its continuance is authorized as a spec/al exception by the Board
of Appeals as here/-~¢ter prov/d.e./L
§ 100-112. Off-st~eet perldng ereas.
Off-street perking spaces, open or enclosed, are perm/ttsd
accessory to any use, subiec~ to the following provisions:
A. Schedule of parking requirements. Accessory off-stree~
parking spaces, open or enclosed, shall be provided/n all
use distr/cCs for any use specified below. Any land which is
developed as a unit under single ownership and con/:rel
shall be considered a s/ngle lot for the purpose of these
parking regulations. Reesonshle and appropriate off-street
parking requirsmente for s/n'uc~ures and uses which do not
. fall wit2dn the categor/as Ested below shall be deter~ed
by the Planning Board upon consideration of all factors.
entering into the perking needs of each use.
§ 100-112
SOUTHOLD CODE
§ 100-112
Type of Use
Places of worship, h%rsriea
and oCher public buildings
Golf cour~ea and other coun-
try dubs
Secondary sch~ls
Elementary schools
Hospitals, sanitaria, nursing
homes, pbOn-thropic or elee-
mnsynary ins~itufious
p,~:)om~.g ho~lses
Eating and ck/nk/ng places
Unde~kers and funeral homes
Hotels and motels
Bowling alleys
Home occupation or accessory
professional office, except
physid---~ and dentists
Professional ofi~ice of physi-
cian or dentist
Number of Parking Spaces
At least I for each 200 square
feet of floor area, but not less
than I for each 5 seats where
pray/dad
At least I for each 2 members
or accommodations (such as
lockers), whichever is greater
2 spaces per classroom, plus 1
space for eaCh 5 seats .in any
audltorlum or place of
assembly
2 spaces per claseroom, plus 1
space for each 5 seats in any
auditorium or ocher place of
assembly
At least 1 for each bed
At least 1 for each gues~ room
At least I far each 5 seats
At least I for each employee,
plus 25 spaces for each ctmpeI
At least 1 for each gues~ room,
plus 1 for each employee
5 spaces per alley
3 spaces per hame occupation
or accessory professional office
5 spaces per each physician or
denr~t
B. Areas computed as parking spaces. Areas which may be
computed es open or enclosed off-street parking spaces
include any pr/vat~ garage; carpor~ or other area available
for partdng, other Chon a street or a dr/veway. However, a
dr/veway within a required iront yard for a one-family or
10044
§ 100-112
. ZONING §
two-family residence may counC as one (1) parking space,
other than on a comer lot.
C. Size of spaces. Three hundred fffgy (350) m:lum'e feet shall
be considered one (1) parking space (W provide mom for
stonding area and aisles for maneuvering}. Enf~nce and
exit lanes shall not be computed as parking space except
for driveways for one-f~mily and t~o-famlly residences.
The min/raum parking st~ll width shall be ten {I0} feet and
the minimum length shall be twenty {20} fee~.
D. Access. Unobsr~ac~d access to and from a st~cet shall be
provided. Such access shall consist of at least one {I} ten-
foot]ane for parking areas with less tben W~enty
spaces, and at least two {2} ~en-foot'lanes for par~nE areas
with twenty {20} spaces or more. No enrzance or exit for
any off-street parking area shall be l~eaimd w~thln ~ {50}
feet of any street intersection.
E. Drainage and surfacing. All open parking are~ shall be
properly drained within the premi-~es and z]l such areas
shzll be provided with a dustiest, surface, except for
parking spaces accessory to a one-~i)y or
residence.
F. Jolt facilities. Requ/red par~,g spaces, open or enclo~,
may be provided/n spaces designed to serve jointly two
or more establishments, whether or not loc~d on the s~ne
lot, provided that the number of required spaces in such
joint facilities shall be not less e-hsn the total requir~ for
all such- establishments.
G. Combined spaces. When any lot col~in~ ~'o {2} or more
uses having.different parking requirernen~, the parking
requireman~s for each use sh~l) apply to ~e extent of that
use~ Where it can.be conclusively dernoust~a~-d ~hat one
{1} or more such uses will be generating a demand for
parking spaces primarily during periods when the other use
or uses is not or are not in operation, the pl~.n~,g Board
may reduce the total perking spaces required for that use
with the least requirement.
H.'LocaClon and ownership. Required accessory par~-g
spaces, open or enclosed, sh~!! be provided upon the same
10045
§ 100-11~
CODE § 100-112
loc as ~e use to which they are accessory or elsewhere,
provided that all spaces therein are located within two
hundred (2001 feet walking distance of such lot. In all
cases, such parking spaces shall conform to all the
regulations of the district in which parking spaces are
located, and in no event shall such parking spaces be
located in any residence disWict unless the use to which the
spaces are accessory is permitted in such residance district
or upon approval by the Board of Appeals. Such spaces
shall be in the same ownership as the use to which they are
accessory and shall be subject to deed restriction, approved
by the Board, binding the owner and his heirs and assigns
to maintain the required number of spaces available either
throughout the existence of such use to which they are
accessory or until such spaces are provided elsewhere.
I. Lots divided by dis~'ic~ boundaries. When a parking lot is
located partly in one {1} district and partly in another
distich, the regulations for the district requiring the
greater number of parking spaces shall apply to all of the
lot. Parking spaces on such a lot may be located without
regard to district lines, provided that no such parking
spaces shall be located in any residence district unless the
· use to which they are accessory is permitted .in such
district or upon approval of the Board of Appeals.
,T~. Parking regulations in multiple-dwolll-g or attached-
dwe;!!-g deveiopmants.
{1) 'Wherever space is provided for the parking of ~ve {5}
or more vehicles in the open, such spaces shall be
individn~]ly identified, by means of pavement
markings.
{2) ' No parking space shail be located in any front y~-~t nor
within ten (I0) feat of any lot line in side or rear yards.
{3} The parking of motor vehicles is prohibited within
fifteen { I5} feet of any war or portion thereof of a two-
er-more-f~ally dwpl;i-g, which wall contains windows
{other than bathroom or kitchen windows} with a sill
height of less than eight 18} £eet above the.level of the
said parking space.
10046
§ 100-II2
ZONING §
(4) No service of any kind shall be perrni~r~i ~o be
tonded to users of the lot, including automobile ser-
vice, repa/r or fueling, and no gusol/ne, off, grease or
other supplies shall be stored or sold in any such lot or
in any garage on such lot.
(5) Parldng areas shall be screened by a suhs~an~al wail,
fence or thick hedge, approved by the Pisnning Board.
Generally, such screening shall not be less r2~n three
i3) feet nor more than eight (8) feet in height.
K. Regulations for park/ng spaces adjacent to lots in any
residence dietric~.
{ 1) Wherever a parking area of overt five {5) spaces abuts
or is within fifteen { 15 } feet of the side or rear lot l/ne of
a lot in any residence dist~-ict, the said parking lot
shall be screened from such'adjoining lot by a sub-
stant~J wall, fence or thick hedge, approved by the
Planning Board. Generally, such screen shall be not
less than three {3} feet nor more than eight (8) feet in
he/ght.
(2) Whenever a parking area of over five (5! SPacee is
located across the steer from other land in any
residence district, it shali be screened from the view of
such land by a th/ck hedge, wall or fence, approved by
the Planning Board, located along a line drawn
parallel to the street anti a diet-'race of twenty 120! feet
therefrom, such screening to be interrupted only at
'points of ingress and egress. Generally, no such
screening shall be Ieee than three {3) feet nor more
than s/x (6) feet/n he/ght. The open area between such
screening and the street shall be landscaped in har-
mony with the lan.d~caping preyalling on ne/ghhoring
propert/e~ front, in,--on the same s~ee~. Two
identification and directional sigus located on the
s~reet side of such screening shall be perrnit~l:
however, they shall not exceed an area of three
square feet each.
L. Driveways. No driveway shall provide access to a
located/n another dist./ct, which lot is used for any use
prohibited in the district in which such driveway is located.
10047
§ I00-112
CODE § I00-1!3
M. Commerdal veh/cles.
{1) One (1) commercial vehicle not exceeding twenty-five
125) feet in len~h may be parked on an occupied lot in
any residence disCr/ct, but not within the required
yards of such lot and in no case between ~he street line
or side lines and the princ/pal building.
(2) One (1~ cornmerclal vehicle not exceeding twenty-five
125} feet in lenC:h may be parked within a private
garage in any residence district.
(3} Commercial farm vehicles are permitt~/as accessory
~o a commercial farm use in any residence district.
§ I00-I13. Off-street loading areas.
Off-street loading berths, open er enclosed, are permitted ac-
cessory to any use (except; one- or two-f~m/Iy residences), subject
to the follow/ng provisions:
A. Uses for which required. Accessory off-street loading
berths shall be provided for any use specified below. Any
land which is developed as a unit Under ~ingle ownership
and con~rol shall be considered a single lot for the purpose
of such loading requirements.
(1) For a public library, museum or s{milar quasi-publ/c
institution, governmen, tal building, community
center, hospital or sanitarium, nursing or convalescent
heave,/nat/mt/on for children or the a~ed or school,
with a floor area of ten thousand (10,000) square feet,
one I1) berth; for each additional twenty-five thousand
-(25,000) square feet or fract/an thereof, one (1) ad-
ditonal berth.
C2) For buildings with profeseionaI. ~overamental or
business offices or laboratory escablishman~, wi~ a
floor area of ~ thousand (I0,000) to ~wenty-five
thousand (25,000) square feet, one (1) berth; for each
addit/onal twenty-five.~housand (25,000).square feet
or fract/on ~hereof up tn one hundred thousand
1OO48
§ I00-113 ZONING §
(I00,000) square feet, on~ (1 } additional berth; for ~ch
additional fifty thousand {50,000) square feet or
fraction thereof, one (1} additional bert~.
{3) For bugdings with offices and retail ~ and servica
establishments, one (1) berth for eight thousand
(8,000} to twenty-five thousand (25,000} square feet of
floor area, and one (1} additianal berth for each ad-
dil;ional twenty-~ive thousand {25,000} square feet of
floor area or fraction thereof so used. '
(4) For undertakers and funeral holnes, one {1} berth for
.each chapel. [Such berths shall be at least ~en (10} feet
wide and twen~ (20) feat lo~g.l
(5} For hotsls, one {1} berth for each two thousand Eve
" (2,500} square feet of floor area.
(6} For manufacturing, wholesale and storage uses and
for dry-cleaning and rug-cleaning establishments and
laundries, one {1} berth for five thousand {5,000~ to ten
thousand (10,000} square feet of floor area in such use,
and one ( 1 } additional berth for each additional twenty
thousand {20,000} square feet of floor anm or fraction
thereof so used. In addition, adequate re.fred
parking for wal~ing ~cucks shall be provided.
B. Size of spaces. Each required, loadingberth sh~l! be at least
twelve (12}'feat wide and foui-~een 114) feet high, and in no
event sr~aller Ih. an required to accommodate vehicles
normally' using such berths.
C. Location and access. Unobstructed access at least ten
feet wide, to and from a street, shall be provide& Such
access may be combined with access to a par~i.g lot. All
permitted or required loading bert2m shall be on the same
lot as the use to which they are aeoessory, except as
provided in Subsection D below. No entrance or exit for
any off-street loading area shall be located within Fifty
feet of any street intersection. No off-street loading berth
shah be located in any required front yard.
D.'Joint facilities. Permitted or required loading berths, opan
or enclosed, may be provided in spaces designed ta serve
10049
§ t00-11~
SOUTHOLD CODE
§ I00-114
Eo
jointly cwo (2} or moro adjacent establishments, provided
that the number of required berths in such joint facilities
shall not be less than the total required for all such
facilities.
Lots divided by discric= boundaries. When a lot is locsted
partly in one (i) district and parQy in another district, the
re~'ulatious for the disWict requiring the ~raaCer number of
loading bert, hs shall apply to all of the lot~ Loading berths
bn such lot may not be located in any residence district
unless the use Co which they are accessory is permittsd in
such district; or upon the approval of the Board of Appeals.
§. ll]0-114. Prohibited uses in all districts. . .
The following uses are prohibited in all distri,i~s:
A. Any use which is noxious, offensive or objectionable by
reason of the emission of smoke, dust, gas, odor or other
form of a/r pollution or by reason of the deposit, discharge
or dispersal of 1/quid or solid wastes in any form in'such a
manner or amount as to cause permanant ~l~m~e to the
soil and srzeams or to adversely affec~ the surrounding
area, or by mason ~ the craaCion of noise, vib~tion,
electromagnetic or other disimrbance,-or by reason of
illumination by artificial light or light reflection beyond the
limits of the lot on or from which such light or light
reflection emanates; or which involves any dangerous fire,
e~plosive, radioactive or other hazard; or which ~auses
injury, annoza, r~ce.o~:disturbance ~ ~..a~. I~ ~t~e surrounazzfg
properties or ~ their owners and occupaz~s; ana any other
process ar use which is unwholesome and noisome and may
be dangerous or projudicinl' to health, safety or ~eneral
welfare, except where such activity is licensed or rel~laCed
by other govemmant agencies.
B. Artificinl lighting facilities of any k/nd, with light sources
visible beyond the lot lines, which craa~e ~iare he¥ond such
lines.
C.'Carnivals, circuses and related activlti~, except for a
temporary period on special license from the Town Board.
I0050
§ 100-114 ZONING § 100-114
D. Junkyard or refuse disposal site, except a refuse disposal
site established as an official ~own refuse disposal site or
duly authorized as a refuse disposal site by the Town
Board.'
E. Uses involving primary production of the following
products from raw materials:
(!) Charcoal and fuel briquettes; chemicals; ~nili~e dyes;
carbide; caustic soda; cellulose; chlorine; carbon black
and bone black; creosote; hydrogen and oxygen; in-
dustrial alcohol; nit~t~s o£ an explosive nature; po-
r~sh; plastic materials and slrnthetic resins; plrroxy-
lln; rayon yarn; hydrochloric, ull~ic, phosphoric, picric
· ind sulfuric acids; coal, coko and tar prodaa, includ-
ing gas miutufacturLag; explosives; gelatin, glue and
size (nnlrnal}; linoleum and ollclota; matches; paint,
varnishes and turpentine; rubber (nar'th-al or synthe-
~cl; soaps, including fat rendering; starch.
F. The following processes:
(1} Nitrating of cotton or of o~er materials.
(2} M,~llng or processing of flour.
Isl Malefic. foundry.
· (4} Reduction, re6~i~g, ~melting and alloying metal or ·
metal ores.
(5) l{e~ing s~conde, r~'
(6} Refl~ing petroleum producte, such as gnsollne,
kerosene, naphth~ lubrical;~ng
· (7) Distillation of wood or bones.
(8} Reduction and processing of wood pulp and ~bar,
including paper mill op~ratiOllS.
Operations involving stoclq-ard~, alaughterhonsas and slag
piles.
10051 ~-~-~
§ 100-114 SOUTHOLD CODE § 10~I17
H. Storage of explosives.
I. Quarries.
J. Storage of peimoieum produc~s. Notwithsimnding any other
provisions of this chapter, s~orage facilicias with a total
combined capacity of more than ~wenty thousand (20,000)
gallons, including all tanks, pipelines, buildings, s~rucimres
and accessory equipme~ designed, used or intended to be
used for the storage of gasoline, fuel oil kerosene, asphalt
er other petroleum produc~s, shall not be ioca~ed within
one ta~oueand (I,000) feet of tidal wa~ers or tidal wetlands.
[Added 6-2242 by L.L. No. iL1982!
C
§ 100-116. Dwelling unit density. [Amended 4-9-85 by L_IA NO.
7-1985; 7-16-85 by L.L. Bio. 11-1985]
Notwithstanding any other provision of this chapter, each.dwell-
ing unit in a multiple dwelling shall have twenty' thousand (20,000)
square feet of land for each dwelling unit in the building where pub-
lic water and public sewer are not provided and shall l~ve ten thou-
s~ed (10,000) square feet of land for each dwelling unit in the build-
ing where public water and public sewer are provided.
§ 100-117. Hotel and motel unit density.
Notwithsta~d;-~ auy other provisions of ~hi~ chapter, each
room or group of rooms designed,.used or intended to be used for
10052 s.~.ss
§ 100-t17 ZONING § 100-117
lodging as a unit, which does not qualify as a dwelliug unit, and
located in a hotel, motel or similar building, shall have six thou-
sand (6.000) square feet oi land for each such unit where public
water and public sewer systems are not provided, and shall have
four thousand {4,000) square feet of land for each ~ucl~ unit where
public water and public sewer system~ are provided.
(Cont'd on paga 10053)
10052.1
§ 100.118 ZONING § 100-118
§ 100-118. Nonconforming uses.
Unless otherwise authorized as a special exception by the Board
o£ Appeals, as hereinafrmr provided, the following provisions shall
apply to nonconforming uses:
A. The lawful use of a building or pram/sas ex/sting an the
effect/va dam of this chapter or authorized by. a building
permi~ issued prior thereto may b~ cont.~ued although
such use does not conform to the provisious of this chapter,
and such use may be extended tJm-oughout the
la~vfully acquired te said date.
B. A nonconforming ~se of a building or premises may be
changed to a use of the same or h/gher classification ac-
cording to the provisions of t~s chapter.
C. Whenever a distr/ct shall hereafter be changed, any then
ex/sting nonconforming use of a building or premises
such changed district may be continued or eh-nged to a use
of a similar or higher classification, provided that.all other
regulations governing the use are' complied with.
D. Whenever a nonconfor~i-g use of a building or premises
has been discontinued for a per/od of more than ~wo
years or has been changed to a higher ~-l~-sificafion or to a
conforming use, eny~hi~g in this section to the contrary
ne~vit~mtanding, the nonC~nformi-$ use of ~uch building
or pr,mi~es shall no longer be permitted unlass a variance
therefor shall have been granted by the Board of Appeals,
as hereln~f~er provide&
E. A nonconfor~n!'g building may not be 'reconstructed.or
s/ructurally altered during its life to an exte~ exceeding
in aggregate cass fifty percent (50%) of the fair value of the
building, unless the use of such building is changed to a
conformi,~g use.
F. A nonconforming building wh/ch has been damaged by' fire
or other causes to the extent of mare than £ffty percent
{50%) of its fair value shall not be repaired or rebuil~- unlesa
the use of suc~ building is changed to a conforming use.
10053
§ 100-119 $OUTHOLD CODE § 100-119.2
§ I00-II9. Corner lots. [Amended 2-I63 by L.L. No. 2-1983]
On a coroer lot. front yards are required on both street front-
ages, and one (I} yard other ~han the front yards shall deemed to
be a rear yard, and the other or others, side yards. No obstruction
to vision exceeding thirty (30) inches in height above curb level
shall be erected or maintained at street intersections within the
triangle formed by the stsee~ lines of such lot and a Iino drawn
between points along such street lines thirty (301 feet dis~n~ from
their point of intereeccion.
§ I00-I19.I. Fences, walIs and hedges. [Amended 5-29-73; 2-163
hy L.L. No. 2-19831
Subject ~o the provizions of § I~0-I19, fences, walls, hedges or
other live plantinge within flve (5} feet of the property lines may
'be erected and maintained, subject to the following height
limitations:
A. When located in the front yard along the front yard
property line, the same shall not exceed four (41 feet in
height.
B. When located along side and rear tot lines, the sure shall
not exceed six and one-half 16~} feet in height.
C. When located other than in the front yard area or along
side or rear lot lines, the same shall not exceed eight (8) feet
in height.
§ 100-119~2. Building setback from water bodies and wetlands.
[Added 3-26-85 by L.L. No. 4-1985]
Notwithstanding any other provisions of t. his chapter, the following
setback requirements shall apply to all buildings located on lots ed-
jacent to water bodies and wetl~ncl~
A. Lots adjacent to Long Island Sound..
(1) All buildings located..on lots adjacent to .Long Island
Sound, and upen whidh there exists a bluff or bank
landward of the shore er beach, shall be set'hack aec less
10054 ., .-,.f- si
§ 100-119-2 ZONING § I00-I19~I
th~n one hundred (100) feet fram the mp of such bluff or
bank
(2) Except as otherwise provided in Subsection A(1) herco£
all buildings located on lots adjacent ~o Long Island
Sound shall be set back not less than one hundred (100)
feet from the ordinary high-water mark of Long Island
Sound.
B. [Amended 5-17-88 by L.L. No. 15-1988] Ail buildings
located on lots upon which a bul~{; concrete wall ripr~ or
similar structure exists and which/s adjacent to tidal water
seventy-five (75) feet from the bulkhead. The following'
exceptions will apply:.
(1) Buildings which are proposed landward of existing'
bullding~
(2) Lands which are not bulkheeded and are subjeci to a
determination by the Board of Town Trustees uuxier
Chapter 97 of the Code of the Town of Southold,
(3) Docks, wharv~ pilings, beardwalk~, ~ prumemuiss.
wallovays, l~ier'~, which are accessory and separate imm
existing buildings or ~_~ry structur~
0. All buildings located on lots adjacent ~o any freshwater body
shall be set back not less than seven~y-fiv~ (75) feet from the
edge of such water body or not less than seventy-f'rve (751 feet
from the landward edge of the freshwater wetland, which-
ever is grext~r.
§ 100-119.3. S~rmwater runoff. [Added 8-II-87 by L.L.
gs?l
from existing' or prop~'sed residential or c, ummereiat con~iruction.
§ 100-120 $OUTHOLD CODE § 100-121
§ I0~-121. Powers and du~.
In addition to ~uch powe~ es me.)" be conferred upon if. by law.
(Confd on pa~e IOfl~.)
100542
§ 100-121
A.
ZONING § 100-121
Appeals. To hear and decide appeals from and review any
order, requirement, decision or det~"mina~ion.made by the
Building Inspector.
B. Variances. Where there are practical difficulties or u~-
necessary herdehipe in the way of carrying out the
letter of these regulations, the Board of Appeais shall have
the power to vary or modify the application of such
regulations so that the spirit of the chapter shall be ob-
served, public safety and welfare secured and subsr~LUi~ZI
justice
C. Spe~i~! exceptions, special permits and other approvals.
Whenever a use or the location thereof is permitted only if
the Board of Appeals shall approve thereof, the Board of
Appeals may, in a specific case and after notice and public
heer~g, authorize such permitted use and its location
wifJ:dn the distr{~c in which this eh~ptsr specifies the
permitted use may be located, eub]ec~, however, ~a the
followin~..
(1} Before such approval shall b~ ~iven, the Board of
Appeals shall de~ermiue:
(a} Tha~ the use will not prevent the orderly and
m~onable use of aci~acent properties or cf
prope~,es in ad~.a, csut use districts.
'~b} Thnt the use will not prevent the o~Ierly and
. reasonable use of permitted or legnlly
- uses
he located, or of perm/ttsd or le~[ly estabtJshed
uses in ed~acant use districts.
(c~ Tlmt the safet~y, the health, the welfare, the
comfort, the conven~enoe or the m~:[er of the town
will not be adversely affected by the propese~ use
and its location.
(d) That the use will b® in harmony with and promote
the general purposes and intent of this chap~r.
· (2) In making such determination, the Board of Appeals
shall also give consideration, among other tbAngs, to:
10055 ~.,~.~
§ 100-121
id)
SOUTHOLD CODE
§ 100-121-
The character of the exist~ and probable
development of uses in the dis~ri¢~ and the
peculiar suitability of such distrlc~ for the
location of any of such permitt,~d uses.
The con.servation of propet~y values and the
encouragement of the mus~ appropriate uses of
land.
The effec~ that the location of the proposed use
may have upon the czeation or undue increase of
vehicular ta~f/ic congest/on on public streets or
highways.
The ava/labilit~ of adequate and proper publ/c or
private water supply and facilit/as for the
treatment, removal or discharge of sewa~, ~efuse
or other effluent {whether liquid, solid, gaseous or
otherw/se) ~ may he caused or crast~d by or as
a result of the use.
Whether the use or the mal~ials hmalclental
thereto or produced thereby may give of/ ob-
uoxinus gases, odors, smoke or soot.
Whether the use w/Il cause disturbing emissions
of aleci~'b:al discharges, dust, I/ght, vibra~/on or
Whether the opera,/on in pursuance of the use
will cause undue intederencc with the orderly
enjoyment by The public of parking or of recrea-
tional facilities, if ex/sLing or if proposed by ~he
towu or by other competent governmant~l
agencies.
The necessity for bituminous-surfaced space for
purposes of off-st~eot parking of vehicles in-
ddental ~o the use, and whether such space is
reasonably adequate and appropriate and can be
furnished by the owner of the plo~ sough~ to be
used within or adjacent to the plot wherein t2m
usa shall be 1oca~ed.
10056
§ 100-121 ZONING
(i} Whether a hazard te life, limb or property because
of f~e, flood, erosion or panic may be created by
reason of or a~ a result of the use, or by r2~
structures te be used therefor, or by the /nac-
cessibility of the proper~ or strucV~res thereon
for the conven/ent entry and operaton of fire and
other emergency apparatus, or by the undue
concentration or assamblag~ of persons upon such
pio~. [Amended 7;11-73]
(j) Whether the use or the sl~uctures to be used
therefor will cause an ov~v~vdi~g of land or
undue concent, rafion of pepulatom
' ' (k} Whether the plot area is suffichnt, appropriate
and adequate for the use and the reasonably
antiaipated operai;ion and expansion thereof.
(1) Whether the use to be operated is unreasonably
near to a church, schonl, theater, recreational area
or other place of public assembly.
2-1-83 by L.L. No. 2-1983] In~. On
appeal from an order, dec/sion or determination of an
administrative officor, or on request of any town offi~r,
board or a.genc, y, to decide any of the £ollowing:
(1)- Deter,~ine the me~nlng of any provision in this
chapter or of any cond/tion or requ/remen~ spec/fled or
made u/~der the provisions of this chapter.
(21 Determine the exact location of any ~ boundary
shown on the Buildlng Zone Map.
D. [Added
L
§ 100-122. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may
impose such conditions and sa/eguards as ii; deems necessary or
appropriate to preserve and protect the spirit and the obiectivus of
this chapter.
(Coni;'d on pa~e I0057)
10056.1 4-2~-~
§ I00-123 ZONING § 10ft
§ 100-123. Pules of conduct and proesdure~ "'
The Board of Appeals shall, consistent with ~e law, deter~inA
its own roles of conduct and procedure.
§ I00-124. Fees. [Amended 2-1-83 by Lt'. No. 2-1983:11-15-83
by I'.L. No. 13-1983; 1-8-85 by ILL. No. 1-1985; 12-2-86
by L.L. No. 16-1986]
All applications to the Board of Al~peels for any relief herein shall
be accompanied by · fee of one hundred fifty dollars i$150.).
§ 100-125. Notice of hearing. [Added 540-/5 by L.L. No. ~-19751
A. In all cases where the Board of Appeals is ~quired to hold
a public hearix~, in addition to gse notice of such hearing
requ/red by law, a written notice contsinln~ the following
irdormation shall be seas by the person pet:itionln~ such
Board, or his agent,By either certified or registered re.a; to
every owner of proper~ immediately adjace~ thereto. 111
the event that any petitioner owns or. has any intarest in
any property i~mediasely adjace~ to the property which
is the subject; af such petition, then Writ~cen notice sh=ll also
be given to the owners of the property adjacen~ to such
other proper~y of ~he petitioner. For the purpose o/tt, i.
section, the wonis "owner" or "property owner" mean the
owner as shown on the curre~ assessment; roll of the Town
of Southold. The not. ice requ/red by thi~ section shsl! be
mailed by' t~ petitiener, or his agent, within five I$) days
precedir~ ~he Sl;~g of the petition in ~he Town Clerk's
office. Proof of msili,,E of such notices in the form of a
sworn statement shall be filed with the Town Clerk aS the
time of fltln~ of ~he petition Such notice shall con~i~ the
following information:
(1) A statement; that; the petitioner proposes to apply to
the Board of Appeals o£ the Town of Southold for a
variance, special exception, special permit; or other
spe~_'~i~cl relief, as the case may he.
(2) A description sufficient to identify the property which
is the subject; of the petition.
10057
§ ~0C-1~5 SOUTHOLD~E § 100-180
(3) The zone dimziot clnssifica~ion of mca property,
(4) A def~.Red statement of the relief sought by ghe
pet/t/oner.
|$) The provisions of ghe zoning taw applicable to the
relief sought by the petitioner.
(6) A statement ghee within five (5) days ~uca pet/t/on
will be filed in ~he Southold Town Clerk's office, Main
Road, SoutJmld, New York, and may ghen be
~--r-~-ed duriug regular office hours.
('/) A statement t/mt a public hemingwigh respec~ to such
pet/t/on mnst he held by the Board of Appeah of the
Town o! Southold before the tel/si sought can be
~'antod; that the per,on t~ whom the no~ice'i~
dreese~ or h/s represen~t/ve, has the r/ght to appear
and he heard at ~ henri.; and that a notice of such
hcer/n~ will be publhhed /n the official town
newspaper not le~ th_s~ five (5} days prior to suc~
public heark~.
B. In lieu of comply/n~ with the prov/s/ans of ~ section,
wrfl2en verified we/vere of notice executed, by' the persons
' en~tied to receive such notice may be filed with the Town
Clerk at the t/me of st~.~ the pet/t/an.
C. Failure ~o comply with t/le provisions of this section shall
not affec~ the val/d/~ of any action taken by the Board of
Appeals.
-ARTICLE XIII
Site Plan Approval
§ 100-130. General requ/rement.
In ali cases where th/s chapter requ/res approval of site
development plans by the PlanninE Board, no building permit
shall be issued by the Building InsDector except upon authoriza-
tion of and in conform/fy with the plans approved by the Planning
Board.
10058
§ 100-1~1
)ZONING § 100-132
§ 100-131. Objeetive~
In considering and acting upon site development plans, the
Planning Board shall take into consideration the public health, sa/cry
and welfare, the comfort and convenience of the public iu general and
the res/dents of the immediate neighborhood in particular, mud may
prescribe appropriate conditions and safeguards az may be required
in order that the result of its action may, to the n~mum extent
possible, further the expressed intent of this chapter and ~e
accomplishment of the following objectives in particular:
~ Traff/e access. All proposed traffic aecessways are mdequam
but not excessive in number:, adequate in width, grade,
alignment and visibilitE not lecated tw near strt~ corne~ or
other places of public assembly;, and other .~mlhr ~
consideratior,~
B. Circulation and parking. Adequate off~troet parking and
loading spaces are provided to prevent the parking in public
streets of vchicies of any persons connected with or vhiting the
use, and that the interior clrculat/on sy~em is ~leq,,-~e to
provide safe aece~ibiHty to all required off~xeet parking lots.
¢. Landscaping and screening. Ail playground, 0arking and
serv/ce zreas are re~onabiy screened atall sea~ of the year
from the view of adjacant residential lots and streets, and that
the general landscaping of the site is in ~ with that
gener~Jly prevailing in the nclghborhoed. Existing ~ over
eight (8) inches in diameter measured three (3) feet above the
base of the trunk shall be retained to the maximum extent
possiblm
D. Architectural feature. The architectural fo_V_,res of prulx~ed
buildings and signs are in character with that generally
prevailing in the neighborhood. [Added 5-31-88 by r~L No.
16-1988]
§ 100-132. Effect of approyal
A. No building permit sh~l be L'~zued for any structure c~verod
by this Article until an approved site development plan or
10058.1 s-~-~
$OUTHOLD
Bo
C.
approved amendment of any mama plan has been secured by
the applicant retained to the Planning Board and presented to
the Building Mspector.
No certificate of occupancy will be issued for any structure or
use of land covered by thh Art/cie unless the ~t. ruct~re is
complet~l or the land is developed or ~ ~n a~cordanca with
an approved site development, plan or approved am~Iment of
any such plato
Should any s~te plan approval involve any matter requiring
'referral to the Suffolk County Harming C~mmL~on, then the
matter shall be r~hrred, prior to final aci~n by the Planning
Board. to the Suffolk County Planning Commission in
accordance with the applicable prov~io~ of law.
§ 100-1~. Procedure.
A. Presubmi~iun conferenc~ Pr/or to the mabmis~-/on of ~ site
development pl~; the applicant or his agent shall meet
(Cont'd on pa~ 100//9)
C
1OO582
§ 100-133 ZONING §
Bo
Do
shall be to discuse proposed uses or development in ~'~der
co determine which of the site development plan elements
shall be submitted co the Planning Board in order for said
Board co determine conformity with ~he provisions and
intent of this chapter.
Within six (6) months following the pre~ubrniselon con-
ference, the site development plan and any relar~i
formation shall be submitted to the Building Inspector, in
triplicate, at least fifteen (15) days prior to' the
Board meeting a~ which approval is reques~ecL If not
submitted wi~hi~_ this six (61 months' period, enotiter
presubmissinn conference may be requirecL
The Building Inspec~r shall certify on each site
development plan or amendment whether or not the plan
meets ~e requirements of all Zoning Ordinance provisions
other than those of ~ Article regarding site develop-
ment plan approval
The Building Inspector shall re.in one {1} copy and
Crensmit two i2) copies of the certified site developmen~
plan co the Seere~ of the Planning Board at least seven
(7} days prior to the p!~n~ing Board meeting at; which
approval is requested.
The Planning Board shall ac~ te approve or disapprove
such. site development plan-within ninety {90} days after
the meeting at which approval is requestsd. Failure Co ac~
within ninety {90 ) days shall be deemed approval.
Board disapproval sk~ll include wri~;en findings upon any
site development plan element found contxary to the
provisions or intent of chis chapter. In reviewing the ap-
plication, the plsnni~g Board may secure the advice or
assistance of one (1) or more expert consultants qualified co
advise as co whether a proposed use will conform co the
requiremente of rids chapter. The assistance of a con-
suttant, if sought, mus~ be ob~alned within ten (10) days of
the receipt of the application. Such consultant shall repor~
within thirW (301 days after recalpt of such reques~ as
- whether ~r not the use applied for will be in conformance
with the performance s~mdarda end, if no~, whs~
10059
§ 100-133 SOUTHOL~ODE § 100-1S4
modification in desi~, or operation would be necessary for
conformance. A. copy of the reper~ of suck consultant shall
be furnished ~o the pl~,ni,~' Board, Building Inspector
and applicant.
F. Amendments tx) a site development plan shall be acted
upon in the same manner as the approval of ~he o~girml
plan.
G. The plnnning Board may require that site plan approval be
perioc~lly reviewed.
§ 100-134. Site development plan elements.
'. The applicant shall cause a site development- map. to be
prepared by a civil engineer, a surveyor, land plant,er, architect or
other competent person. Site development plan elements shall
include those list~l below which are appropriate to the proposed
development or use as indica~d by the pl~nni~_g Board in the
presubmissinn conference:
( 1 } Lot, block end section number, if any, of the property,
{2} Name and address of the owner of record.
13} Name and address of the person, firm or or~-i~ation
preparing the map.
(4} Date, North p~int and writmn and graphic scale.
15} Sufficient description or inform~tlon to precisely
define the boundaries of the property. All distances
shall be in feeC and tenths of a/cot. All angles shall be
· given to the nearest, ten {10} seconds or closer. The
error of closure shall not exceed one {1} in ten
thousand I10,000L
(6} The locations, 'names end ~scing widths of adjacent
st~'eet~ and curblines.
'i7} The location and °Wner~ of all adio;-i-g lands, as
shown on the la,est tax records. '
10060
.(
§ 100-134 ZONING § I00-134
($) Location, width and purpose of all exis~i-E and
proposed easements, setbacks, reservations and areas
dedica~'d to public use within or ed~oinin~ ~he
property.
(9) A compte~e outline of exist~ag deed restric~orm or
covenants applying to the property.
(I0) Existin~ zoning.
B. Natural features.
{1) Existing contours aC intervals of five (5) feet or less, '.
referred to a datum satisfactory to the Board.
(2) Appro~"-to boundaries of any areas subject, to
· . floodin~ or stormwater overflows.
($} Location of -~i.ting watercom'sea, m~_rshes, wooded
areas, rock ou~crope,/solated ~rees with a diameter of
eight (8) inches or more measured t~u~e (Il) feet above
the base of the trunk and other sign/ficant exis~h,g
features.
C. Existing atmCtUmm and utilities.
(1) Location of uses and outlines of ,U~ct~res, drawn to
scale, on and within one hundred (100) feet. of the lot.
(i) Paved areas, sidew.ll~, and vehic-,!-r access between
the site and public streets.
(3~ Locat.ions, diraensions, grades and flow direction of
existing sewers, culverts and waterlines as well as
other underground and aboveground utilities wit.kin
and adiacent ia the prope~:y.
(4) Other ~-i-ting development, inclvdi-M fences, Iand-
scapin~ and scr~ani~.
D. Proposed development.
(1) The location of proposed buildings or structural
improvements.
{2) The location and design of all uses not requiring
strusture~, such es off-sta'est par~i-~ and loadin~
10061
§ 100-184 SOUTHOLD CODE § 100-I36
13) The location, direction, power and time of use of any
proposed outdoor li~htin~ or public address systems.
{4) The location o/and pt--- for any outdoor signs.
(5) The location end arrangement of proposed means oi
access end e~re~s, including sidewalks, driveways or
other paved area~; profiles indicafin~ ~rading and
cross sections showing width of roadway, locution and
width'of sidewalks and location and size of water- and
sewer lines.
(6) Any proposed ~:adin~, screw-ing and other hnd.
ScaPiI~, inClttdil~ t~pes alld ]twa. thins of proposed
stree~ tz~es.
{?) The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternate means of
water supply and sewage disposal and treatment.
{$) An outline of any proposed deed restrictions or
eovermnt~.
(9{ Any contemplatsd public improvements on or ad-
jOint,~ ~ propert~o
(10} If the site development plan indicates only a fk~t
stage, a supplementary plan shsll indicate tllt;ilmate
development.
E. Any other in/ormhtiou deemed by the PIa~i,g Board
necessary to determine confom~ky of the site plan with the
inten~ and re~flations of this chapter.
§ 100-135. Fees~ [Amended 11-15-83 by L,L. No, 13o1953; 1445 - by L.L No. 1-19851
Ail applications to the Plannin~' Board for apprcr~al of site devsi-
opment plans shall he accompanied by a fee of one hundred dollars
($100.}.
§ 100-136. Cluster development. [Added 5-29-73; amended 2-1-83
b~ L.L. No. 2-19831 ...
The Planning Board may, in the exercise of /~ discretion,
require cluster developments for one-family dwellings in an A.
10062 t-=.~
§ 100-136
[ZONING §
Residential and Agricultural Dist~rict according te the procedure
and requiremants hereinafter set forth, without the requirement
that the owner make written application for the uze of such
procedure.
A. Lot yield and are~ [Amended 4-24-84 by LL No. 4-1984; 9-
6-88 by/.,L No. 22-1988]
(1) The total building lot yield of the standard subdivision
meeting all applicable requirements shall h~ used t~
determine the number Of building lots which the
Planning Board may grant in a duster subdivision.
(2) II~ a cluster developmelat, lot area .nhnll UOt; be redtlesd
by more than fifty percent (56%), and lot width and
depth, front yard, reer yard and side yards shall not; be
reduced by more than thirty percem (30%) of the
,~{-{m:nn requirements set forth in the Bulk and
Parking Schedule.'
B. The area of a cluster development shnll be in single
ownership or under unified control.
C. Prior to the issuance of a building permit in a cinst~
development, a site plan shall be submitted to and ap-
proved by the Planning Board in accordance with Article
XIII of this chapter and the following conditions:
(1) Said site plan shall include areas within which
structures may be located, the height and ~pacing of
build{%-,s, ~pen spaces and their landscaping, off-
street open and enclosed (if any) parlting spaces and
streets, driveways and any other phyaical feat;urea
relevant to the proposed plan.
(2) Said site plan shall include a statement set-lng forth
the nature of all proposed modifications of exisrJ~g
zoning provisions.
10063
§ 100-138
SOUTHOLD
§ 100-126
Eo
Nothing contained in this ch_Sluter shall relieve the owner or
his agent or the developer of a propesed duster develop-
meut from receiving final plat approval in acconiance with
the Town Subdivision Regulations.' In approving the i-mai
plat for a cluster development, the pl.nning Board may
modify the acreage requirement for recreation areas as set
forth in the town's rules governing subdivision review,
provided chat the common land dedicated meets all other
requilmmenta of the Town Subdivision Regulations.
A cluster development shall be organiTed as one {I) of the
following: a Homes Association approved by the Federal
Housing Administration for mortgage insurance as a
planned unit development and by the Town Board; a
Homes Associntinn approved by the Town Attorney and
Town Board; or any other arrangemente approved hy the
Town Attorney and Town Board as satisfying the intent of
this chapter. Whensver a Homes Association is proDoeed,
the Town Board shall retain the right to review and ap-
prove the articles of incorporation and charter of said
Homes Association and to require whatever conditions
deemed necessary to ensure that the intent and purpose of
this chapter are carriad out. In consideration of said at~
provai, the Town Board shall, in par~, require t~ duster
development to me~ the following conditions:
(11 The Homes Association shall be established es an
incorporated nonprofit organization operating under
recorded land agresmente t~arough which each lot
owner and any succe~lt~E owner is automatically a
member and eecl~ lot is automat~c-lly subjec~ ~o a
charge for a proportionate share of the expenses for
the organization's activities.
(2) T/tie to all common prop~cy shall he' placed in the
Homes Association, or definite and accepteble
assurance shal! be given that it automatically will be
so placed within a reasonable period of time.
10064 il. ~. ss
§ 100-t36
ZONING
§ 100-136
Each lot owner shall have equal voting rights in the
Association and shall have the right to the use and
enjoyment of the common property.
(4) Once established, all responsibility for operation and
maintenance of the common land and facilities shall
lie with the Homes Association,
~5) Dedication-of all common areas shall be recorded
directly on the final plat, or by reference on that plat
to a dedication in a separately recorded document.
Resubdivision of such areas is prohibited. The
dedication shall:
(a) Save the title to ~he common property to the
Homes Association free of any cloud of implied
public dedication.
(b) Commit the developer ~o convey the areas to the
Homes Association at an approved time.
(c) Grant easement of enjoyment over the area to the
lot owners.
(d) Give to the Homes Association the r/ght to
borrow for improvements upon the security of the
{e) Give to it the right to suspend membership rights
for nonpayment of assessments or infraction of
published rules.
Covenants shall be established, limiting all lots to one-
family use and all common I~nds to open space uees. No
structures may be erected on such common lands except as
shown on the approved elto plan.
Each deed to each lot sold shall include by reference all
recorded declarations and other restrictions including
assessments and the provision for Hens for nonpayment of
such.
The Homes Association shall be perpetual; it shall pur-
chase insurance, pay taxes, specify in its charter and
bylaws an annual homeowner's fee, give provision /or
10065
§ 100-136
SOUTHOLD CODE
§ 100-]4!
Jo
assessments and provide that all such charges become a
lien on each property in favor ef said Association. The
Association shall have the right to proceed in accordance
with ali necessary legal action for the foreclosure and
enforcement of liens, and it shall also have the right to
commence ~ction against any member for the collection of
any unpaid assessment in any court of competent
ju'risd/ct/on.
The developer shall assume, all msponsibilltles as
previously outlined for the Homes Association until a
majority of the dwelling sites are sold, at which time the
Homes Association shall be automatically established.
Prior to site plan approval the developer shall file vi~h the
Town Board a performance bond to ensure the proper
installation of all required improvements, and a main-
tenance bond to ensure the proper maintenance of all
common lands until the Homes Association is established.
The amount and term of said bonds shall be determined by
the Planning Board, and the farm, sufficiency, manner of
execution and surety shall be approved by the Town
Board.
ARTICLE XIV
Administration and Enforcement
§ 100-140. Administrative and enforcing officer.
A. It shall be the duty of the Building Inspector and such
deputies and assistants es msy be appointed by the Town
Board to administer and enforce' the provisions of this
chapter.
B. The Building Inspector and assistant and deputy building
inspectors shall have such right to enter and inspect
buildings, structures or premises and to perform other acts
necessary for the enforcement of this chapter as is con-
fen-ed upon them by law. '
§ 100-141. Building permits.
No building in any district shall be erected, reconsU'ucted,
restored or su'ucturally altered without a building permit duly
10066
§ 100-141 ZONING §
issued upon application to the Building Inspector. No building
permit shall be issued unless the proposed construction is in full
conformity with all the provisions of this chapter and the
provisions of all other applicable laws, ordinance~ roles and
regulations. Any building permit issued in viols~ion of the
provisions of this chapter shall be null and voiil and of no $ffec~
without the necessity for any proces,ti~gs, revocations or
nullification thereof; and any work undertaken or uso established
pursuant to thc issuance of a permit in violation of the provisions
of this chapter shall be unlawful.
A. [Amended 2-1-83 by L.L No. 2-198,3] Applicagon~ Every
application for a building permit shall contain the following
information and be accompanied by the required fee and a
plot plan dr~wn to scale and signed by the person respens~is
for cach drawing. If no such plot plan is awilabte, a survey is
required, prepared by a liconsed engineer or land surveyor. If
the Building Inspector deems it ne~ry that plans and
specifications be examined to ascertain if the proposed
building will comply with applicable building construction,
housing and fire codes, he may require that plans and
specifications be fded w/th the building permit appl/catio~
(1) The actual shape, dimensions, radii, angles and area of
the lot on which the building is proposed to be erect-ed,
or of the lot on which it is situated ff an ex/st/~g
{2) The block and lot numbers, ii any, as they appear on
the latest tax records.
{3) The exac~ size and locations on the lot of the proposed
buildln~ or buildings or alteration of an ex/sting
bui~ai~ and of other existing builaln~ on the sama
lot.
(4) The dimensions of all yards in relation to the'subject
building and the distances between such buil__ding and
any other existing buildings on the same log.
(5) The existing and intended use of all buildings, existing
or proposed, and the use of land and the number of
10067 i~ - z~- ss
100-141 SOUTHOLD
§ 100-141
dwelling un/ts the building is designed to ac-
commodats,
(6i ' Such topoKraphic or other information with regard to
the building, the lot or neighboring lots as may he
necessary ~o determine that the proposed construction
will conform to the provisions of this chapter.
(?) An application for a building permit for construction on
a vacant lot. which is not on an approved subdivision map,
shall be accompanied by a certified abstract of title
issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9, 1957.
{Added 9-6-88 by L.L. N~ 23-1988]
B. No buildi~ permit shall he issued for the construction or
alteration of any building upon a lot without access to a
street or highway as provided by § 280-a of the Town Law.
C. No building permit shall be issued for any building where
the site plan of such building is subject to approval by the
Plonking Board, except in conformity with the
approved by the said Board.
D. No building permit shall he issued for a building in any
district where such use is permitted by special exception or
special permit of the Board of Appeals, unless and until
such approval has been duly granted by such Boar&
E. No building permit shall he issued for any building until
approval has been received from the County Health
Department for the proposed water supply and sewage
disposal system.
F. The building permit application and all supporting
documentation shall be made in triplicate. Upon the
issuance of a building permit, the Building Inspector sh,l!
return one (1) copy of all filed documen~ to the applicant.
G. The Building Inspector shall within ten i10~ business days
after the filing of a complete and properly prepared ap-
plication, either issue or deny a buil~llnE permit. If a
building permit is denied, the Building Inspector shall
state in writing ~o the applicant the reasons for such denial.
10068 n. z~. ss
§ 10~-141
ZONING § I00-14'
H. Every building permit shall expire if the work authorized
has not commenced within twelve (12) months after the
date of issuance or has not been completed within eighteen
(181 months from such date. If no zoning regulations af-
fecting the property have been enacted in the interim, the
(Confd on pagelO069)
,.(.
10068.1 u - zs. ss
§ 100-141 ZONING §
Building Inspector may authorize, in writing,
tension of the permit for an additional six {6) months.
Thereafter, a new permit shall be required. [Amended 5-30-
75 by L.L, No. 3-1975]
As soon as the foundation of a building or of any addition
to an existing bufldlng is completed, and before first-story
fr~i.g or wall construction is begun, there shall be filed
with the Building Inspector an accurate survey, signed by
the person responsible for said survey, sbe~g the exact
location of such foundation with respect to the street and
property lines of the lot. No further construction shall be
performed until such Survey is approved by the Buildln_g
Inspector.
Permit fees. [Amended 7-13-73; 2-1-83 by L.L. No. 2-1983;
7-17-84 by L.L. No. 8-1984; 1-8-85 by L.L. No. 1-1985; 5-20-
85 by L.L. No. 3-!986; 12-16-86 by L.L. No. 17-1986]
(I) The following fees shall be paid upon the filing of an
application with the Ballding Inspector for a building
permit, which fees shall be paid i~to the general fund if
the application is approved or returned to the applicant if
the application is denied:
(a) Single-family dwellings:
[1] Ne~v dwellings.and edditions to existing d~vell-
ings: fifty dollars ($503. plus fifteen centS
($0.15) for each square foot of floor area in
- excess of eight hundred fifty (850) square feet.
[2] Accessory building~ and additions and altera-
tions to existing accessory buildin~ twenty-
five dollars ($253, plus fifteen cents ($0.15) for
each square foot of floor area in excess of five
hundred (500) square feet.
(b) Farm buildings and additions and alterations to
existing farm building~ fifty dollars ($503 for each
building.
(c) Hotel, motel, multiple dwetling'~ and business.
industrial and all other buildim.n~
10069
§ 100-141
(2)
SOUTHOLD~DE
§ 100-142
[I] New buildings and additions and altoratlons to
existing building~ one hundred dollars ($100.L
plus twenty cents ($0.20) for each square foot of
floor area in excess of one thousand (1.000)
square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildingm twenty-
five dollars ($25.), pins fifteen c~nts ($0.15) for
each square foot of floor area in excess of Five
hundred (500) square feet.
(d) Foundations constructed under existing buildings:.
seventy-five doll/us ($753.
(e} Swimming pools, together with required enclosure
fencing:, one hundred fifty dollars ($150,).
(f) All other structures (i.e.. fences, etc.) and additions
and alterations te such structures: twenty-five
dollars ($25.).
(gl Signs. the fee for all signs, except signs permitted by
§ 100-30C(6Xa), shall be one dollar ($1.) ~or each
square foot of sign area, with a minimum fee of
twenty-five dollars ($25.).
(h) Demolition and/or removal and/or relocation of any
building:, ten dollars ($10.) minimum and five cents
($0,05) for each square foot in excess of three
hundred (300) square feet of floor area
For the purposes of this Subsection J. cellars, decks.
attached garages and any habitable area shall he
included in the calculation of floor arem
§ 100-142. Revocation of permit.
The Bu/Id/u-g Inspector may revoke a building perm/t
theretofore issued a~d approved in the following instances:
10070 ; .4- :~. ~7
§ ~00442
)NING § 100-144
A. Where he finds that there has been any fsl_~, statement or
misrepresentation as to a material fact in the application,
plan or specifications on which the building permit was
base&
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
applicable law.
C. Where he finds that the work performe6, under the permit
is not being prosecuted in accordance with the provisions
of the application, plans or specification.
D. Where the person to whom a builrl~-g permit has been
issued ~Ril~ or refuses to comply with a stop order issued by
the Building Inspec~r.
§ 100.143. Stop orders. [Amended 8-26-76 by L.L. No. $-1976I
Whenever the Building Inspector has reasonable grounds to
believe tha~ work on any building or structure is being prosecuted
in violation of the provisions of the applicable law, ordinances or
regulations, or not in conformity with the provialo~ of an ap-
plication, plans or specifications on the basis of which a building
permit wa~ issxled, or in an unsafe and dRn~eroue ms~er, he
notify the owner of the property, or the owner's agent or the
person performing the work, to suspend all work, and any such
persons shall forthwith stop such work and suspend all buildi~
activities.until the stop order has been rescinded. Such order and
notice shall be in ~riting and shall state the conditions under
which the work may be resumed and may be served upon a per~n to
whom it is directed either by delivering it personally to him or by
posting the same upon a conspicuous portion of the building under
construction and sending a copy of the same by certifmd mail
§ 100-144. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the
Building Inspector, and it shall be unlawful to do any of the
following until a certificate of occupancy is issued therefor:.
10071 ~1- zi - ss
§ 100-144
SOUTHOLD~]~E § 100-144
Occupancy and use of a building erected, recon-
structed, restored, structurally altered or moved, or
any change in use of an existing building.
(2) Occupancy, use or any change in the use of ~ny land.
(3) Any change in use of a nonconform{ng use~
B. No certificate of occupancy shall be issued for the use of a
building or lands requiring a spec/al exception or spec/al
permit by the Bo~d of Appeals, or for any land or use
requiring a site plan approval by the Planning Board,
unless and until such special except/on or spec/al perm/t-
use or site plan approval has been duly granted. Every
certificate of occupancy for which a special except, ion,
spec/al permit or site plan approval has been granted, or in
connection with which a variance has been granted by the
Board of Appeals, shall contain a detailed statement of any
condition to which the same is subject~ [Amended 7-31-73]
C. Application for a certificate of occupancy for a new
building or for an ~Y~tiug build/rig which has been altered
shall be made nfter the erection of such buil~llng or par~
thereof has been completed in conformity with the
provisions of this ch~ter and, in the case of a new building,
shall be accompanied by an accurate plot plan or, if not
available, by a survey prepared by a licensed land surveyor or
engineer, showing the location of the building as built. Such
certificate shall be issued within ten (I0) days after receipt of
the properly completed application, provided that the
application states that all requirements of all other applicable
codes or ordinances in effect are complied with.
D. If the prolX~ed use is in conformity with the provisions of this
chapter, a certificate of oecup~ey .for the use of vacant hnd,
a change of use or a noneenforming use shall be issued by the
Building Inspector Mter the receipt of a properly completed
application. A certified abstr~.-'t of title issued by a title
company which shall show single and separate ownership of
the entire lot prior to April 9, 1957, shall be submitted with an
application for a certificate of occupancy for v~cant land or a
10072 I~..ts. ss
)NING § 10(}-144
nonconforming u~e. If a certificate of occupancy i~ denied, the
Building Inspector shall state the re-~on~ therefor in writing
to the applicant. [Amended 9-6-88 by L.L. No. ~-1988]
E. Every app}ication for a certificate of occupancy or a
temporary certificate of occupancy shah be accompanied by
the fee hereinafter specified. Copies of such certificate will be
issued upon the payment of the fee hereinafter specified.
[Amended 12-16-86 by L.I. No. 17-1986]
(Cont'd on pa~ 10073)
(_
§ 100-144 ZONING § 100-I
A certificate of occupancy sba I be deem~t to authorize and is
required for both initial occupancy and use o£ the building or
land to ~vhich it
G. The Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use thereof, or of
land existing at the time of the adoption of this chapter, or any
amendments thereto, certifying such use and whether or not
the same and the building conform to the provision of this
chapter after the receipt of a properly completed application
and certified abstract of title issued by a title company, which
shall show single and separate ownership of the entire lot prior
to April 9, 1957. If a certificate of occupancy i~ denied, the
Building Inspector shall state the reasons therofQr in writing
to the applicant. [Amended 2-1-83 by L.L. No. 2-1983; 12-
16-86 by L.L. No. 1%1986; 9-6-88 by LL No. 23-1988]
H. A record of all certificates of occupancy' shall tm kept in the
office of the Building Inspector. and copiss shall be furnished
on request to any agency of the town or to any persons having
an interest in the building or land affected.
L [Added 12-16-86 by L.L. No. 17-1986] Certificate of
occupancy fee~ The following fees shall be paid upon the filing
of an application with the Building Inspector for a certificate
of occupancy, which fees shall be paid into the g~neral fund if
the application is approved or returned to the applicant if the
application is denied:
(I) Business buildinga and/or business uses and additions
and alterations thereto: fifty dollars ($50.l.
(2l New dwellings and additions and alterations thereto:
twenty-five dollar~ ($25.l.
(3) Accessory buildino and additions and alterations there-
to: ten dollar~ ($103.
(4) Preexisting' dwellings: one hundred dollars ($100.).
[Amended 9-688 by L.L. No. 23-1988]
(5) Vacant land: twenty dollars ($20.).
10073 n - ~ - ss
§ 100444
(6)
(71
(8)
SOUTHC
§ 100-146
Updated certificates of occupancy by reason of additions
or alterations: fifty dollars ($§03.
Cop/es of certificates of occupancy issued five (5) or less
years ago: five dollars ($53.
Copies of certificates of occupancy issued more than five
(5) years ago: ten dollars ($I0.~
§ 100-145. Penalties for offenses. [Amended 7-31-73; 4-24-84 by
L.L. No. 5-1984']
For each offense against any of/:he provisions of this chapter or
any regulations made pursuant thereto or for fa/lure to comply
with a written notice or order of any Building Inspector within the
time fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who
commits, takes par~ or nssista in the comm{~sion of any such
offense or who .,hall fail to comply with a written order or notice of
any Building Inspector gh~ll~ 1111011 a ~lret conviction thereof, be
gxliky of a violation punishable by a fine of not exceeding five
hundred dollars ($$00.} or by imprisonment for a period not ix)
exceed fifteen (16) days, or both. Each day on which such
violation shall occur shall constitute a separata, additional of-
fense. For a second and subsequent conviction within eighteen
(18) months therelfftsr, such person shall he guilty of a violation
punishable by a f'me not exc~cling one thousand five hundred
dollars ($1,500.1 or by imprisonment for a period not to exceed
fif~n (151 days, or by both guch fine and imprisonment.
§ 100-146. Remedies.
In case any buildi~g or structure is erected, constructed,
reconstructed, altered, repaired, converted or msintailled, or ally
building, structure or land is used, in violation of this chapter or of
any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriato action or proceeding,
whether by isgai process or otherwise, may be instituted or taken
C
10074 n. z~. ss
§ 100-146 ZONING §
to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, or to restrain,
correct or abate such violation, or to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
ARTICLE XV
Amendments
§ 100-150. Procedures.
The Town Board, upon its own motion or by petition, may, from
time to time, v_mend, supplement, change, modify or repeal this
chapter, including the Zoning Map, by proceeding in the following
A. The Town Board, by resolution adopted at a stated
meeting, shall fix the time and place of a public hearing on
the proposed amendment and cause notice thereof to be
given pursuant to the provisions of ~e Town Law.
B. The Town Board, before advertising for a public bearing,
shall, in a written request, instruct the Town pl~n~;n~
Board to prepare an official reper~ de~i.;ng the conditions
described in a petition and to determl.e the area so af-
fected, with. its-recommendations.
§ 100-151. Fees. [Amended 11-15-83 hy L.L. No. 13-1983; 1-8-85
by L.L. No. 1-1985]
Every petition for a change or amendment ta this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be acoom-
pan/ed by a fee of five handred'/l])llars ($$00.).
§ 100-152. Notice of proposed change of zone classification.
[Added 5-30-75 by L.L. No. 3-1975]
A. In the case of a petition requesting a change in zoning
district class/ficatiou, in addition to t~e notice required by
(Cont'd on page 10075)
10074.1 ~. 2:,. s7
§ 100-152 ZONING § 100-152
law, a written notice containing the following information
shall be sent by the petitioner, or his agent, by either
certified or registered mail, to every owner of property
immediately adjacent thereto. In the event that any
petitioner owns or has any interest in any property ira-
mediately adjacent to the property proposed to be changed
in zoning district classification, then written notice shall
also be given to the ownem of the property a. djacent to such
other proper~y of the petitioner. For the purpose of this
section, the words "owner" or "proper~y owner" mean the
owner as shown on the current Southold town assessment
roll. The notice required by this section shall be mailed by
the petitioner, or his agent, within five (5) days preceding
the filing of the petition in the Town Clerk's offic~ Proof of
mailing of such notice in the form of a sworn statemant
shall be filed with the Town Clerk at the time of filing the
petition. Such notice shall contain the following in-
formation:
(1) A statement that the petitioner proposes to file a
petition with the Southold Town Clerk requesting a
change of zone classification.
(2) A description of the property which is the ~ubject of
such petition.
(3} The present zone district classification of the property
and the proposed zone district classification.
(4} A statement that within five (5) days the petition.
requesting such change in zone district classification
will be filed in the Southold Town Clerk's office, Main
Road, Southold, New York, and may then be
examined during regular office hours.
(5) A statement that a public hearing with respect to such
petition must be held by the Southold Town Board
before such change of zone can become effective; that
the person to whom the notice is addressed, or his
representative, has the right to appear and be heard at
such hearing; and that a notice of such hearing will be
published in the officiai town newspaper not less than
ten (I0) days prior to such public hearing.
10075 ~-~-~ '-
§ 100-152 SOUTHOLD CODE § 100-152
B. In lieu of complying with the provisions of this section,
written verified wa/vers of no~ice executed by the persons
entitled ~o receive such notice may he filed with the Town
Clerk a: the time of fiIing the petit/on.
C. Failure to comply with the provisions of this section shall
not affect tire validity of any action with respect tn such
petition.
C
10076 ~''
C
C
Sou~hold, N.¥, 11971
(516) 765-]9~8
April 2, 1984
Mr. Richard Mac Murray
Cross Sound Ferry Service
P.O. Box 33
New London, CT 06320
Re: Cross Sound Ferry
Site Plan
Dear Mr. Mac Murray:
The Board met following f~eld inspections of March 30, 1984
and the fo/lowing action was taken.
RESOLVED that the Southold Town Planning Board approve
the site plan of "Cross Sound Ferry" for the construction
of a ferry terminal subject to a one-year review.
If you have any questions, please contact this office.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN,PLANNING BOARD
By Dian~3M. Schu~ze, S~dretary
cc:
Board of Appeals
Building Department
Howard Young
APPEALS ~O~RD
MEMBER~
GERARD P. GGEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROGERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RDAD- STATE Rt"IAD 25 SrlUTHOLD, L.I., N.Y.
TELFPHOI~E 1516) 766-1809
May 15, 1984
Mr. Howard Young
Young & Young
400 Ostrander Avenue
Riverhead, NY ll901
Re: Appeal No, 321g - Cross Sound Ferry Services, Inc.
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with the Office of
the Town Clerk concerning your application.
In the event your application has been approved, please be sure
to return to the Building Department for approval of any new construc-
tion in writing, or for other documents as may b,e applicable. ''
If you have any questions, please do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to
Building ~?~tment
Planning '
Mr. James McMahon ~
Mr. Richard McMurray
Cross Sound Ferry Services,
By LindaF.
Secretary
Inc./
Kowalski
Southold Town Board of Appeals
has been used as such since prior to zonfng in 1957.
tn question as well as the surrounding properties. Also, the hoard
in considering this application, the board determines that s~nce
NO~, THEREFORE, on motion by Rt. Grtgonts, seconded by
~. That the butldtng depicted 't~ckeC offtce" extst~ng at
storage purposes~
ticket office ts constructed, or when directed by the Building
4. That the area shaded in "red' shall be slated a
5. Afte~ completion and upon notice, a final (nspection
and acceptance by the Z.B.A. for this proposal.
RE~ ~D ~D BY ~ -~ ~,
To~ ~rE T~ o[
from site plan
nuary 18, 1984)
COUNTY OF SUFWOLK
PL~'rER F. COHAt..~N
May 30, 198~
S.E.Q.R.A.
ENVIRONMENTAL 'DECLARATION
Notice of DeTermiuation of l:cn-Si~nificance
PROjECt NAME: Cross Sound Fe.~y Services, Inc.
PROJECT NO.: 1022-13c-100-09 $CRG
This no'cite is issued pursuant To Pert 617 of The i~p!amenT~g regulations
pertaining To A~Ticle $ of the N.¥.S. EnfironmenTal QualiFy Review Act of The
Environmental Conservation Law.
The StuT"-'f-olk County Community Development Office de~ez~_ines The within
project not To have a significant adverse effect on the environment for The
reasons~ca~ed below..
· Please Take further notice that This decla~a~ion should not he considered
a d~erminaTion made for any other depa~-LmenT or agency ~Snich may also have an
application pending for The same or similar projecT.
TYPE OF ACTION: Type II
DESCRIPTION OF ACTION: (a) Cons~ucT principal building To he for ferry-
Terminal use wi~h au insuf£icienT fz~n~ya~d set_back ~om The easterly line,
(b) esT~b!ish fezm~y-Terminal use in this B-! Zone, (c) cons~ruc~ staging area,
(d) landscaping, (e) bulkhead improvements, a~d (f) res~y~_com improvements.
LOCATION 0F PROJECT: Town of So~Thold, County of SuffoLk, more particularly
known as: ~2!75 Main Road, 0~ienT, N-Y; 1000-015-09-11.
REASON SUPPORTING THIS DETERMINATION: .~ Environmental Assessment has been
prepared which indicates ThaZ no significant adverse effects To The environment
likely To occur should Lhis project be implemented as planned.
FOR FUROR INFORMATION, PLEASE CONTACT: 0iga V. Turuer, Community
Development Specialist, SuffoLk County Community Development, H. Lee Dennison
Building, Veterans Memorial Highway, HauppauEe, NY 11788 (516) 3~0-5019.
cc:
M~. Jim Bagg, CEQ
Mr. Jim Mc-Mahcn, SouThold Community Development ~
Mm. :' William Rogers', Clerk, Suffolk County Legisla%-~me
Ms. Linde Kowalski, SouThold Town Board of Appeals
Mr. Foster J. Beach~ NTS DOT
~ ,T'=~ ~{~mau_ NfS DEC
SLm~~~rY
$outhold, N.Y. 11971
(516) 765-1988
June 5, 19B4
Mt.Richard MacMurray
Cross Sound Ferry
P.O. Box 33
New London, CT 06320
Dear Mr. MacMurray:
The following action was taken by the Southold Town Planning
Board at the regular meeting on June 4, 1984.
RESOLVED that the Southold Town Planning Board declare itself
lead agency with regard to the site plan for Cross Sound
Ferry Services located at Orient under the State Environmental
Quality Reveiw Act. An initial determination of non-significance
has been made.
If you have any questions, please contact this office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
~SOUTHOLD TOWN PLANNING BOARD
. By Diane M. Schultze, Sec~&tary
HENRY E. RAY'NOR.
JAMES WALL
BENNETr ORLOWSKI, Jr.
GEORGE R~TCHIE LATHAi~.
WILLIAM F. MULLEN, Jr.
8outbold, N.Y. 11971
NEGATIVE DECLARATION
TELEPHONE
765- 1998
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review Act and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that Southold Town Planning Board as lead agency for
the action described below has determined that the project will not
have a significant effect on the environment.
DESCRIPTION OF ACTION
The Site pSa~'f~r Cross Sound Ferry Services, located at
Orient for the construction of a f~rry terminal.
~he project has been dete~ined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which
in,cared that no significant adverse effects to the
environment were likely to occur should the project
be implemented as planned.
Because there has been no correspondence from the Department
of Health Services within the alotted time, it has been deemed
that there are no comments or concerns from that agency.
Because there has been no correspondence from the Department
of Environmental Conservation in the alotted time it has been
deemed that there are no comments or concerns from that
agency.
The project will meet ail the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Drmne M. Schultze
Secretary, Southold Town Planning Board, Main Road, mouthold, New York
11971
Copies mailed to the following;
Robert Flack, DEC Commissioner
NYS, DEC at Stony Brook
suffolk County Department of Health Services
Suffolk County Planning Commission
Francis J. Murphy
JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hail, $3095 Main Roac
P.O. Box 728
Southold. New York i 1971
TELEPH OI,,rE
(516) 76~-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON OCTOBER 29. 1985:
WHEREAS, Ward Associates, P.C~, on, behalf of Cross Sound Ferry Services, Inc.,
has requested that this Board waive the provisions of Local Law No. 14 -1985 with
respect to their application presently, pending before, the Seutl~d: Town. 8--ilding
Inspector:, and :, ~
WHEREAS, this Board finds that, the applicant proposes, to construct a new ~erminal
bui4ding at Orient Point, and
WHEREAS,, this Board deems such use consistent with the uses in a Marine Business
District as proposed by Raymond, Parish, Pine ~ Weiner,~ Inc.!S: Master Plan Update
Zoning Code revisions,
NOW, TrHEREFORE, BE IT RESOLVED that the applicant be and they hereby are
grante~l a wirer of the provisions of Local Law No. 14 - 1985 to the extent of
permitting such uses on said premises as set forth in their application presently
pending before the Southold Town Building Inspector for a building permit, subject,
however, ~!o the applicant obtaining any and all permits and approvals required by
all Town and other governmental agencies having jurisdiction thereof.
Judith T. Terry ~
Southold Town Clerk
APPEl§IX a
[~VIRO;IMENTAL AS~E$SHENT - PART
P~ect Info~ttan
~ OF PROdECT:
~ANE AM) ADO~ESS OF Ok~ER (It* O~¢¢erent)
Improvememts to Ortemt Fercy
Terminal Facilities
An~ESS AgO NAtIE OF APPLICAIfT:
Eh-Consultants Inc.
inane)
64 North Main Street
(St~eetJ
Southampton, N.Y. 11968
(P.O.) (State) (liD)
Cross Sound Ferry Set-vices Inc.
Box 33
(Strut}
New London, Connecticut 06320
(State) (ltv)
eus~a:$s P~o~E: 323-2415
OESCRIPTIO~t OF P~O~ECT' (Br~e¢ly describe type of project or action) Construct upland ferry
terminal facilities on the site of existing ferry terminal vehicle staging
area, The pro~ect is to consist of a terminal building, paved vehicle staging
area, and p~ed entrance ~d exit driveways..
{PLEAS[ C~LUE EACH ~[STI~tl - Indicate ~.i. tf ~ot apoltcable)
SITE DESCRIPTIOI~I
{Physical setting of overall oroject, both develoned and undevelooed areas)
1. General character of the land: ~nerally untfo~ sloes X Generally u~eve~ aaa re11~e or i~regula?
Present land use: ~rOafl , Industrial --. , Commercial X , Suburban
· Agriculture___, 4thor
Total acreage of ero~ect area: .,2' 2acres,
Aooroximate acreage: Presently after Completion
Feado~ or Brushtand .2 acres .2 acres lister Surface Area
forested acres .... acres
Ao~icuttural acrps acres
'~tland (Fresh,star ~r
Tidal as oar Articles
'4, f~ or r.C.L.) ___ac~es acres
Unvegetated (rock,
eart~ or fill)
(Landscaping)
~ther (indicate ~Y~el
Sand
('n 'eat}
acres .7 acre~
9.
10.
11.
12.
13.
Wow much natural material (i.e. rOCk, earth, etc.) will be removed from the site
0 tons
cubic yards
demolition)
Present ferry terminal will be relocated to new build,nE.
b, If yes, indicate type of waste (sewage, industrial, etc.) Sewage
a. Does project involve disoosa) of solid waste? Yes ~ No
b. If yes, will an existing solid waste disnosal facility be used?
C. If yes, pive name: __: location
d. !1111 any wastes not go into a sewage disoosal system or into a saflitary landfill?
t~. Wi'Il vrnject use herbicides Or oesticides? Yes X No
17. Will project routinely produce odors (more than one hour Der day)? Yes X No
20.
Z1.
Total anttcinated water usaoe'oer day _2_2~.500 Dais/dev. (tilex)
26.
a. Is any Federal De,mit reauired? Yes X No
b. Does oroject involve State or Federal fundtng or financing?
c. Local and Regional a~rovals:
Ao~roval flequi~d
(Yes, BO) (lyoe)
(hate) (Date)
Ct ty, Town, Village Board
City, Town. Village Planning Board
City, lo~m. luning Board
Clty, County Health OeOmrtment
Other )ocml agencies
Other regional agencies
State Agencies
Federal Agencies
TITLE: President. En-C~sultants Inc.
REPRESENTING: Cross Sound Ferry
DATE: Hay 29, 198/+
.4-
rat
ENVTRONMENTA[ ASSESS~TNT - PART
P r o J e c_t. jl m_o.9_c t_s~
General Information (Read Carefully)
- In co~4)lettflg the form the reviewer should be guided by the question: Have my decisions and dete~"~-4[,~nL
been reasoflab)e? The revie~r ts not expected to be an expert environmental analyst.
- Identifying that an effect will be potentially )argo (column ~) does not mean that it is also necessar~l,
significant. Any large effect most be evaluated in PART 3 to determine significance, fly ident~¢y nq an
effect in coluen 2 sirRoly asks that it be looEed at further.
- The Exam)es provided are to assist the reviewer by showing types of effects and wherever Possible the threSe,
Of magnitude that would trigger a response tn colueam 2. The examoles are generally applicab)e throughout tn~
State and for most situations. But, for any specific project or site other examples and/or )ower tnee~halU~
may be more aporopriate for a Potential Large ImPact rating.
- Each project° on each site. in each 1DCa)try, wtll vary. Therefore. the examn)es have been off~ee~ as qu~danr
They do not constitute an exhaustive list of impacts and thresholds to answer each nuestton.
o The number Of examples per question does not indicate the importance of each question.
INSTRUCTIONS (Read Carefully)
a. Answer each Of the 18 questions in PART ~. Answer Ye~s tf there will be any effect.
b. Maybe answers should be considered as Ye__~.s answers.
c. If answering Yes to a ouestton then check the appropriate box (column I or ~) to indicate the Potential
size of the impact. I f ImPact threshold equals or exceeds any example provided, check Colum~ ~. I f
impact wt)l occur but threshold iS lower than examPle, check colt~n~ 1.
d. If reviewer has doubt about the size of the impact then consider toe impact as ~otentially larqe and
proceed to PART 3.
e. If a Potentially large impact or effect can be reduced by a change in the project to a less than large
magnitude place a Yes in column 3. A No response indicates that such a reduction is not possible.
1, Z. 3.
SMALL T~ POTENTIAL CAN IMPACT ~
HOOERATE LARGE REDUCED BY
IMPACT I~PACT PROJECT CHANGE
IMPACT ON LAND
~lq YES
WILL THERE BE AN E~FECT AS A RESULT OF A PHYSICAL CHAfiGE TO ~'~
PROJ[CT SITE?
Examples that Would Annly to Column 2
Any construction on ~lopes of 15% or greater. (15 foot rise nor
100 foot of lenqth), Or where the general slopes in the project
area exceed lot.
Construction on Land where the denth to the water table ~s tess
than 3 feet.
__ C~nstruction on land where bedrock is exno~ed nr qenerally
Centtruction that w(11 continue for more than I ~ear er involve
-5-
FOUND ON THE SITE? (l,e, oilers, dunes, qeoloqtcal fom-
t~e~s, otc,}
~tt Tn
~PACT
IMPACT
aEOUC£O 8Y
'3.
I~PACT ON MATER
Nn YES
~lLL PROJECt Arr£CT ANY ~TEe ROOY OESIGaATEO AS .........
P~T~CT[0T (Under Articles 15. 24. 25 of the
~xa~les that ~uld ADPIr to CO1~ ~
cha~nel o~ I p~tected
Construction In a destgflated fres~iter o~ ttdal ~tlafld.
4, WIL[~ PROJECT AFFECT ANY NON-PROT[CTEO [XYST[h'R, 01~ NFN ~ YES
,DY OF,ATE,~ ............................................ O0
~tt~r~ but
~)0
[~ACT ON PLANTS AND ~II~ALS
A eroJect eastlv visible, not easily Screened, that
obviously different fr~ nth~rs around it.
Other t~act$:
I1.
IMPRCT ON NlcTOqlC RESOURCES
WILL PR~CCT II,ACT ANY SITE OR STRUCTURE OF HISTORIC. ~10 YES
PRE- Iz~rn. lc nP P~tEO.TO':.)C~L IrT.nRTA.CE? ................. ~ ~
Examoles ii, at Would Aoolv to Column 2
Any tmflect to an archeologtcal site or Fossi) b~d located
~lth(a the project site.
Other tmgects:
I~PACT ON OPEN SPACE & RECREATIOII
12. WILL THE PROJECT AFFECT THE OUA~TITY ON ~UALITY OF EXISTIt~ NO
OR FUTUre OFEil S"~CES OR RECREATIONAL OPPORTLrlITIES? ...... ~ ~
Examples that Would Aoplv to Colu~ ~
The ~ernanent Foreclosure of a future recreational oooortu~itv.
[qPACT nN TR~SPORT~TI0~I
13. !'ILL THERE BE At~ E~FECT TO EXISTIIIC TRANSPORTATInP~ r~ YES
.............................................. LO0
Examples that Would ~nlv to Col~ 2
and/or g~d$.
but tn a mote e~tctenC manner.
|~RCT Oq EqERGY
la. UlLL P~OJECT mFFECT THE CO~¢~UNITIES SOURCES OF FUEL O~ ~ YES
E~E.~¥ SUPPLY? ........................................... O0
Examole~ that ~ould ~oo1~ to Column ~
1
SqALL T~
IHPACT
2.
P~TE~TI~L
Z'IP~CT
CAit IHPACT CE
I~EDUCED aY
IHPACT Off NOISE
15. giLL THERE BE OBJECTIONABLE O00RS, NOISE, GLARE, VIBRATION NO YES
or EL£CTRICAL DISTURgANCE AS A RESULT OF THIS PRBJECT? .... ~
Examples that I/ould aooly to Column 2
8lasting with1n 1,S?~1 feet of a hosottal, school or other
-- sensitive facility.
Odors ~i11 occur routine1? (mare than one hour i~er dov).
Project w~11 nroduce ooerating noise exceedJn- the
~ local ambient noise levels for noise outside of Structures.
P?oject will remove natural barriers that would act as a
~ noise screen.
nther ir~acts:
IPPACT ON HEALTH & HAZAROS
'~lLL PPOj[CT AFFECT PUBLI~ IIEALTH AND SAFL'TY? ............ .~'4~
[~ampi*~ that Hou!d q~oly to Colme 2
substances (i.e. o~1, oesticides, chemicals, radiation, etc.)
Prniect that will result ~n the burial of "hazardous wastes"
17.
CO~UNITY? ............................................
The municipal budgets for Capital eroenditures er oqera-
result of this project,
Project will set an Important precedent for ~uture proleCts.
Project will relocate 15 or more emqloyees tn one or ~ore
Other t~oacts:
18. ' IS THERE PUBLIC CONTR~V;aSY CONCERNING THE PP~]ECT? .
~lO
that Would Apply to roluw~ 2
O[TE~iNATION
IF .~NY AC?ION IR PART Z IS IOEflT~FI£O AS A I
PqTETffTAL LARG[ Ii,PACT Off Ir Y~ CANNOT
THE MAGNITUDE O~ IHPACT, PROC[ID TO PART 3.
P~RT[ONS OF EA; C~PLET£O FOP TH[S
'Upon revte~ of the Info~atton recorded on this EAr (Pa~ts 1, ~
a~d 3) and constdee~q beth the mao~ttude a~d ~nortance of each
AItpoUgh the project could have a significant efCec: e~ the
environment, there will not be a signtf;caflt ~¢fect in this CaSe
~tgnature of PrenareT (if dif~'r~'rom
.r~IVII~rII~ENTAL A%~I[SC;I, qI~NT - PART
[V~LUATIr~;I OF TH~: I"~'IRTAqC[ IAir I~¢PACTS
The amount of writino necessary to answer aart 3 may be dete~ined by answering the uuest~on: In
comhleting toe instructions below have ! placed in this ~e:o,d sufficient information tO indicate the
reasonableness of tr, v decisions?
INSTRUCTIO~S
ComDtete the followinq for each tmoact or effect identified in Column Z o' Part 2:
1; Briefly describe the ir~oact.
2~ :)escrtbe (if apoltcable) how the tmoact ~gnt be mtt~§ated ur reduced tca less than lae~e
~ect change.
3. Rased on the information available, decide if it ~s reasonable ~o conclude that th*s in,act is ~m~Ortan.~t
to the mtnicipaltty (city. town or v411aqe} in which the ~re~ect is located.
To answer the question of tmOortance, consider:
The probability of the tmgact or effect occurrinq
The duration, of the impact or effect
!ts irreverstbiltt~, includtnq ~erma~entl~ lost resources Or valucs
o ~hether the impact or effect can be controlled
- The regional consequence of the imoact or effect
Its ootential divergence from local needs and goals
- ~hether known objections to the pr~ect apoly to this imgact or effect.
PA~T III STATE.'qE~TS
(Cnntinue on Attact~n~nts. as n~ededl'
Draft Env~roumen~al Tmpact Statement
Fart7 Terminal
Cross Sound Ferr7 Services, Inc.
Suffolk County, lqe~ York
AGENCY:
To~m of Southold
Town Board
To~ Hall
Southold, NY 11971
LEAD AGENCY CONYAC~ I~RSON:
Judith T. Terry, Town Clerk
PREPARED BY:
~n-Coneulcants, Inc.
6~ Nor~hMa£n SCree~
Sou:hampton, Hey York 11968
The applicant, Cross Sound Ferry Services, Inc., seeks all
necessary approvals to construct upland ferry terminal facilities
on the site of their existing ferry terminal vehicle staging area.
The project is to consist of a terminal building, paved vehicle
atag~n~ ~ea, ~d p~ed ~ntrmce and exit dri~ways.
The si~e with ~ =ia of 2.2 acres, is presently extensively
paved, ~d is be~ used as a vehicle s~atint area. It con=sins one
2
small ~ fr~ structure of a~0 f= ~tch will be re~ved or replaced
to a new location.
~e proposed te~al bulldint, a 2 story, ~8~ x A2'~ Cape Cod
s~yli s~ruc~u:e, will be used ~o house ~he ferry ~inlsCraCive
wattle ~ea, ~tcke~ office, passenger louse and res~ro~. A one
story wood frme structure, ~ich presently se~es these
on ~ adjacent parcel of l~d, ~11 be conver~ed to a snack b~ for
dss by ferry passengers.
~e issues ~hac h~e been identified w~h the proposed project are:
1. Generation of ~creased triiftc
2. Avatlabil~y of adequate water supply
The parcel ts located tn the hmleC of Orient, To~ of Southold,
Suffolk County, N.Y.
~e Southold To~ Board has been designated as "~ad agency" and
has ~ssued a "posl~lve declara~lon" requiring the preparatlon of thls
docu~nt.
Site pl~ approval has been grated by the Southold Plannim~ Board.
V~t~ceS for fro~t yard setbacks ~d to locate a ~e~y retinal
in a B-1 Business zone h~e been grated by the To~ of Southold Zoning
/
/
Board of Appeals.
Suffolk County Department of Health Services has issued preliminary
approval for the waste water disposal system and water supply.
Tidal l~etlands (Article 25) petanite from the New York State
Department of En~iror~ental Conservation are not required as all work
will be landward of an existing retaining wall.
Descriot£on of Action
The appli~nt, Cross Sound Ferry Services, Inc., proposes to
construct upland ferry terminal facilities on the site of the existing
ferry terminal vehicle staging area. The project is to consist of a
terminal building, paved vehicle staging area, a~t paved entrance and
exit driveways.
The purpose of the project is to provide improved service and
conveniences to ferry users, and to facilitate more effic£ent operation
~nd maintenance of terminal operations and fac~lities.
Existing terminal facilities are located on 2 parcels of land East
and West of Hain Rd. et the Easterly terminus of Rt. 25. A one story
~ood frmne buildin~, satiring as a business office, t~cket office,
waC. ting area, lounge and vending machine snack bar, iS situated on the
1.4 acre parcel East of Hain Rd., along with an unpaved parking lot,
cesspool ~astewater disposal 'system and water well.
All terminal construction and improvements are to take place on
the 2.2 acre parcel West of Main Rd., vtlich is the existing, partially
paved vehicle staging area. A small, one story wood frame building
2
(4&0 ft ), serving as a waiting room, s£=uated adjacent to the ferry
loading ramp, will be removed or relocated.
-3-
The remainder of the surrounding area, zoned A-Residential,
Asricultural, is rural in character, conaisttn$ mainly of small farms
and single family residences.
Demoer.ohv
The site is located in the Orient-East Marion school district.
According to the Long Island Lishttn~ Co. Population Survey of 1983,
the population is 1,~65. During the s~,.,drmonths, population can
be expected to increase by'an undetermined amount due to second-
home use and tourism. The proposed project ~ill not alter the
demography of the area.
Public Services
The site is within Fire District ~25.
Public transportation to the ferry terminal is provided by
Suffolk Transit bus service, makin~ 6 round tr~ps daily between the
terminal and Mactituck. Ney York State Route 25 ts the only highway
between Orient Point and Greenport.
Historical Resources
Although the site has been in use as a marine transportation
facility since the late 1700"$, ~b structures or artifacts pr~datin~
the latest 50 years of ferry service remain.
The property is not listed as an historical landmark, nor is it
listed on the National Register of Historical Locations.
-10-
Visual Character
The site is flat, partially paved, contains one small ~od [rsme
structure adjacent to the loadinE r~np, and for all practical purposes,
de'~td of vegetation.
Noise Levels
Noise at the site and alone Rt. 25 £s sene=ated by vehicles entering
. and departing the ferries and terminal area. Noise levels, ~ith respect
to intensity, duration and'frequency, depend upon ferry scheduling, the
number of vehicles using the ferry, and the mix of auto8 and truck
traffic. The highest volume of traffic, and therefore noise, can be
expected to occur during the period of June 18 to September 9, ~hen 12
ferry arrivals ~nd 12 departures per day are scheduled. With the
exception of the fall months, when a higher volt~e of farm produce is
being shipped to Ne~ England By trucks usin§ the ferry, the volUme of
truck traffic is fairly constant throughout the year. On a yearly basis,
trucks account for approximately ~ of all vehicles using the ferry.
Odor Levels
'Other than the very low and usually unnoticeable odors generated
by vehicles entering or departing the terminal, no odors are generated.
Existin~ Environmental Constraints Affectin~ ActioH
The site is sho~n on Flood Insurance Rate Hap (FIRM) ~36083 00~6C
for the To~n of Southold. [t lies =fthfn an A9 zone, ~hich reguf~es
first floor elevation of any proposed buildin~s to be +11' above mean
sea level. This ~ill be attained by the placement of approximately
-11-
result in a positive environmental impact with respect
to rainwater runoff control and siltation.
The proposed waste water disposal system represents
an improvement over the existing cesspools, and is there-
fore considered to be a positive environmental impact.
While the proposed new water well will draw upon
the existing ground water reservoir, the Suffolk County
Department cf Health Services has required the applicant
to participate in the formation of a community water
supply to serve the area as a condition of final approval
of that agency.
Daily fresh water demand for the terminal facility
will be 2250'g-allons with a peak demand of 22,500 gallons
a day, or 15.6 gallons/minute.
Since the project does not increase the capability
of the terminal to handle larger numbers of vehicles,
it will not, in and of itself, increase the volume of
traffic. Traffic, with the noise and disturbance it
creates, is however, an important issue in the local eom-
mhnity, and must be addressed.
Annual ridership for the y. ears. 1981 through 1983
is shown below. During this period, an increase in all
categories of ridership was experienced, with the most
dramatic increase being for 1983. During that year,
131,300 vehicles, of which 12,000 or 9.14% were heavy
trucks, were carried. This was an increase of 24,800
passenger vehicles and 2,000 trucks over ~982. The increase
-13-
~981 257.920 97,o00 7.000 t o a,, o00
1982 259,t60 9~,~00 10,000 10b,500
1983 ~2~.62~ 1~9.~00 12,000 1~I,~00
pe~'~.od of he~.v~.est: t~r~£fic, ft-o~ Jtme 18 ~co Sep~cem~' 9,
den~nd ~tnd let'S' sc~edtO, in~ and cnpaci~c~- ~.nc~eases 1=o
Future ridership on the Cross Sound Ferry from Orient
Point to New London, although predicted to increase (New
York State Department of Transportation, 1981), will de-
pend on such factors as gasoline prices, road congestion,
the availability of ferry services at alternate locations,
and fare increases. Should ferry service between Port
Jefferson and Bridgeport be improved and expanded, and/or
a third service be initiated at some westerly location,
as recommended by th~ Long Island Sound Ferry Service
Improvement Study (New York ~tate Department of Transpor-
tation, 1981), it is likely that demand for the Orient
Point ferry will level-off or decrease, depending upon
the extent of alternative services.
Identification of any Adverse Effects Which Cannot Be Avoided
Any increase in traffic that might be generated as
a result of the proposed traffic, are unpredictable and
unavoidable.
As the parcel is already developed and privately
owned, there will be no significant loss of open space
or access to the water for the general public.
Descriotion of Mitigation Measures to Minimize Adverse Effects
The planned adherence to regulatory restructions on
all levels will mitigate the impact of the project.
The rainwater runoff control system will mitigate
the effects of runoff from the paved area and terminal
building.
-16-
The architectural design of the terminal building
DescriPtion o1' An~, Orow~h-Indueir~ Aa~oectg of the Action
Description and Evaluation of Reasonable Alternatives
To Achieve the Same or Similar Objectives
The only reasonable alternative is to continue
operation of the ferry terminal under existing conditions.
While ridership and capacity would be little affected, if
at all, this alternative would result in continued incon-
venience to passengers in the form of inadequate lounge,
waiting room, snack bar and sanitary facilities. Congestion
on local roads by vehicles waiting ts enter the staging
area would continue, and ferry company management would
be denied the opportunity toinitia~eneeded operational
and administrative improvements and efficiencies.
Studies, Reports and Literature Used in Preparation of DEI$
Austin, G. L. Jr., I961. Water end Marsh Birds of the
World.
Burt, William H. et.al., 1964. A Field Guide to the
Mammals, Houghton Mifflin Company, Boston.
Miner, R. W., 1950. Field Book of Seashore Life, G. P.
Putnam's Sons, New York.
Nassau and Suffolk Regional Planning Board, 1979.
Water Study, Hauppauge, New York.
"208"
U.S. Department of Agriculture, 1975. Soil Survey of
Suffolk County, Riverhead, New York.
New York State Department of Transportation, 1981. Summary
of FindiD~s, Long Island.$o~und Ferry Service Improve-
ment Stud~.
New York State Department of Transportation, I981. Executive
Summary and Recommendations, Long Island Sound Ferry
Service, Improvement Study.
Long Island Lighting Co., 1983. Population Survey, Current
Population Estimates for Nassau and Suffolk Counties.
-19-
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box t 179
Southoid, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 19,1995
Henry Raynor
P.O. Box 1459
Mattituck, NY 11952
Re: Proposed site plan for Cross Sound Ferry
SCTM# 1000-15-9-10.1 & 11.1
Dear Mr. RaynoE
The following resolutions were adopted by the Southold Town Planning B.oard
at a meeting held on Thursday, May 18, 1995:
BE IT RESOLVED that the Southold Town Planning Board, acting under the
State Environmental Quality Review Act, establishes itself as lead agency, and
as lead agency makes a determination of non-significance and grants a
Negative Declaration on this Type 1 action.
WHEREAS, Cross Sound Ferry is the owner of the property known and
designated as Cross Sound Ferry, located at Main Rd., Odent, SCTM# 1000-
15-9-10.1 & 11.1; and
WHEREAS, a formal application for the approval of this site plan was submitted
on January 31, 1995; and
WHEREAS, the Southold Town Planning Board, acting under the State
Environmental Quality Review Act~ (Article 8), Part 617, declared itself lead
agency anti issued~ a Negative Declaration on May 18, 1995; and
WHEREAS, all the requirements of the Site Plan Regulations of the Town of
Southold have been met; be it therefore
Page 2
Proposed site plan for Cross Sound Ferry
May 19, 1995
RESOLVED, that the Southold Town Planning Board grant conditional final
approval on the surveys dated May 16, 1995, and authorize the Chairman to
endorse the final surveys subject to fulfillment of the following conditions. All
conditions must be met within six (6) months of the date of this resolution.
1. Certification by the Senior Buiicling Inspector.
Enclosed please find a copy of the Negative Declaration for your records.
Please contact this office if you have any questions regarding the above.
Sincerely/¢
Chairman
ertc.
STATE OF FLORIDA)
)SS.
COUN OFg ,
~. ~-~4 ~. f ARTHUR KENNIFF, being duly sworn, deposes and says:
1. For many years I operated the North Fork Shipyard in New Suffolk and I
lived at Youngs Avenue in Southold. I am now a resident of Pensacola, Florida.
2. Starting in 1960 and continuing until 198._q, I regularly traveled between
Orient Point, New York and New London, Connecticut on what is now known as the Cross
Sound Ferry. It is my distinct recollection that during all those years vehicles were parked
south and east of the snack bar structure (on the parcel east of the State Highway) and drivers
and/or passengers from those ears became passengers on the ferry. The number of cars that
would be parked there by people who used the ferry varied depending on the month of the
year~ there were more in the Spring, Summer and Fall and less in the Winter.
Sworn to before me this
COmmission #CC
STATE OF NEW YORK )
COU2qTY OF SUFFOLK)
THOMAS J. UH:LINGER, being duly sworn, deposes and says:
1. I have been a resident of the Town of Southold since 1961. During the
middle/late 1960s, I was in the U.S. Navy stationed in Newport, Rhode Island and 1
commuted between Newport, Rhode Island and Orient, New York.
2. I have seen a photograph (copy annexed hereto) oft. he Orient Point Inn, the
Snack Bar, the old ticket office and a ferry that was operating in the 1960s and 1970s and it is
my strong recollection that there were cars parked from time to time east of the existing snack
bar building at times when I visited the site prior to 1968. It was my impression, at that time,
that the operators/passengers of those parked vehicles were using the ferry service to and
from New London.
3. 1 make this affidavit understanding that the Town of Southold Building
Inspector may rely on statements made herein.
Sworn to before me this
day of April, 2000
STATE OF NEW YORK )
)SS.
COUNTY OF SUFFOLK )
SPENCER MORGAN, being duly sworn, deposes and says:
1. I was bom in 1917 and I reside at 5t Street, Greenport, New York.
2. For over 4o years I have visited at the site of the Orient ferry and I have
traveled it between Orient, New York and Connecticut on and off since prior to 19 6_~1. For
many years I traveled very regularly between Eastern Long Island and Essex, Connecticut
where I was employed for many years.
3. I am well familiar with the Orient Point ferry site knowing of the ticket
facility in the small building down by the loading dock and then when the ticket facility was in
what is now the snack bar building and since 1985 when it was moved to the present
administrative building.
4. For all the years during the 1990s, 1980s, 1970s and earlier persons who
have been passengers on the ferries as they then existed regularly parked their vehicles on
what is now known as the snack bar parcel on the east side of Route 25 where it makes the
sharp turn south to the ferry loading area. The number of cars that were parked on what is
now known as the snack bar parcel varied depending on the season and the weather. More
cars were parked during the spring, summer and fall months and fewer cars were parked on
the site during the winter months.
Sworn to before me this
:k°r~U'day of February, 2000
Notary Public
w~JAM W. ESSEKS Y(Nk
~ l~,lbllc, 8~ate of NIW
TO:
Refined
Z/?