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HomeMy WebLinkAbout1000-34.-5-21 ;.. 1J.., RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 April 12, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman RE: "Farr v. Southold Town Planning Board" Article 78 proceedinq Dear Mr. Raynor: In connection with the above-captioned matter, I am enclosing my statement for services rendered together with a Town of Southold voucher for the period from November 1, 1983 to date, which I hope you find reasonable. If all is in order, would you kindly present same to the Town Board for payment. Very t~ly yours, ti~~ RFL:bc Enclosures . . ~~~ c..(... ,. SUPREME COURT OF THE STA TE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------X ~ KATHRINE FARR. Petitioner. - against - Index No. 83-15414 SOUTHOLD TOWN PLANNING BOARD.. Respondent. -----------------------------------------------x PETITIONER'S MEMORANDUM OF LAW ON RESPONDENT'S CROSS-MOTION TO DISMISS Stanley S. Corwin Attorney for Petitioner (1, . .1 ') . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------X KA THRINE FARR. Petitioner. Index No. 83-15414 .. - against - SOUTHOLD TOWN PLANNING BOARD. Respondent. -------------------------------------------------x PETITIONER'S MEMORANDUM OF LAW ON RESPONDENT'S CROSS-MOTION TO DISMISS Statement by the service of a paper denominated as a "Notice of Motion" and an This Article 78 Proceeding was commenced on August 23. 1983 acCOmpanying petition. The grounds asserted are In lieu of answering respondent crass-moved to dismiss. 1. The proceeding is jurisdictionally defective. 2. The determination is not final. 3. The petition does not state a cause of action. Point I. The Court has JUrisdiction of the Parties; The "Notice" was Good. . . The "notice of motion" read: . . PLEASE TAKE NOTICE that upon the annexed petition of Kathrine Farr, verified the 20th day of August, 1983, the undersigned will move this Court at a Special Term, Part I thereof to be held at the County Courthouse, Riverhead, New York, on the 15th day of September, 1983 at 9:30 o'clock in the forenoon or as Soon thereafter as counsel can be heard for a judgment granting the relief demanded in the petition. PLEASE TAKE FURTHER NOTICE that respondent's return, answer and Supporting affidavits, if any, shall be served at least five days before such date. to be in Court. That is a perfectly adequate and valid summons of the respondent charged. Respondent knew where to be when and with what it was being j>rovide us with "forms" for $304 and Rule 305. Section 304 of CPLR was complied with. The statute does not sought, a judgment, is "demanded", "prayed for" or simply "moved for". It really doesn't make any real difference whether the end result light of CPLR $$103, 104, 105(b), 403. The last cited section, for example, This aspect of the motion to dismiss should be considered in the tells us what the notice "shall specify". The notice did exactly what the statute directed. frivolous. Normally the writer would attribute such an exercise to a deSire Petitioner believes this aspect of the motion to dismiss is utterly to gain a little time, but this is not a normal case for any reasonable extension - 2 - . . was available for the asking. Accordingly, it is assumed to be asserted seriously. The response to that is that is simply cannot be taken seriously. . Point II. The Determination is Final The attorney for the respondent and the attorney for the petitioner are at serious odds about finality. Suffice it to eaythereis no appeal from the respondent's resolution in the town's administrative set up. Petitioner needs Zoning Board of Appeal's approval. Zoning Board of Appeals requires Planning Board's site plan okay. Planning Board, in effect, says "draw the plan this way if you want our approval". We do, They disapprove. Zoning Board of Appeals says: we sit here until we get Planning Board's site plan okay. It may very well be in the sense respondent's counsel asserts that these government agencies will crank up the old merry-go-round again while we appeal for reconsideration, joint meetings, and the like, but, no thanks, this petitioner m s had it with that sort of governmental gobbledy-gook. There comes a time when a private citizen trying to make a pragmatic use of his property through a maze of administrative stUpidity is entitled to say the alternatives they suggest is no more than stalling. Their list Could be supplemented with the sUggestion we appeal to the town board and then the ballot box. - 3 - . . is final is an issue to be resolved in the crucible of an adversary proceeding. At the very least, whether the Planning Board's determination , Point III. . The Petition StatES a Cause of Action merit than their first. The respondent's third basis for their motion to dismiss has less The petition most certainly states a cause of action. Court would'have no trouble granting petitioner some form of relief. If they defaulted or by an answer admitted the allegations the action is arbitrary and capricious are about as basic statements of causes of Allegations a statute is unconstitutional and a final administrative action as can be. petition when the Court directs it to answer. I suspect respondent will not challenge that by admitting the Conclusion. continued pursuant to CPLR ~7804(I). The cross-motion to dismiss should be denied and the proceeding Dated: September 24, 1983 Respectfully submitted. Stanley S. CorWin Attorney for Petitioner - 4 - .... . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------X KATHRINE FARR. PetitIoner. AFFIRMA TION IN OPPOSITION TO CROSS-MOTION TO DISMISS. - against - SOUTH OLD TOWN PLANNING BOARD. Index No. 83-15414 Respondent. ----------------------------------------------x State of New York: County of Suffolk: sS.: courts of New York State. affirms under the penalties of perjury that the Stanley S. Corwin. an attorney admitted to practice before the following statements are true. responsive to respondent's cross-motion to dismIss. 1. I am the attorney for the petitioner and make this affirmation respondent ordered to answer and raise issues of merit. if such there are. 2. I submit the cross-motion should be dismissed and the tions of law which are addressed in an a cCOmpanying memorandum. 3. The respondent's motion to dismiss essentially raises ques- 4. Respondent attacks the petition on three grounds: a. The "Notice" was defective. b. Petitioner is not an "aggrieved party". and additionally ask for blanket relief. c. No cause of action is stated in the petition; . . 5. The "Notice" question is strictly law. The "aggrieved party" aspect requires a factual background. Paragraphs 4 and 5 of Mr. Lark's September 7th affidavit (pages 2 to 8 thereof) set forth the facts respondent deems appropriate. 6. On this question. then. of whether petitioner has jurisdictional standing and is aggrieved. the foHowing ').. paragraphs are submitted. 7. Preliminarily. this objection should properly be raised as an affirmative defense in an answer. However. the respondent may monpolize the technical objections; petitioner is content to go with liberal construction. 8. The certified transcript of the record of proceedings together with the copy of the zoning law contained demonstrate two basic things: one. the determination is sufficiently final to support the petition and. two. petitioner has much about which to be aggrieved. 9. The notes of the secretary of the Planning Board respondent COVer a fourteen month period (less six days) and stress the negative. 10. During this period the petitioner was pursuing an application under Article VIU $100-80 (B) of the Zoning Law. H. Special exception approval procedUres are in Article XII 6100-121 (e). 12. A prerequisite to special exception approval by the Zoning Board of Appeals is site plan approval by the Planning Board. The proVisions for that are in Article XIII SSlOO-30 __ 100-35 inclusive. 13. Mr. Lark's affidavit sets forth. pages 3 _ 5. a chronology. - 2 - . . It shows petitioner started an application for an approval of site plan on May 24th, 1983. On June 1st a revision was asked for, and the respondent received such a revised plan on June 7th. On June 14th respondent "requested additional information be ire luded in the site plan" and asked for it in writing to petitioner on June 21st. Three days later on June 24th the information was supplied. prior to the submission petitioner and affirmant met with the chairman of 14. The record supplied by respondent does not show it, but the Planning Board and went over every aspect of the application. to 5100-133 (A). 15. On July Il the presubmission conference was held pursuant the site plan "because of insufficient area". 16. On July 25th respondent adopted a resolution disapproving Mr. Lark's affidavit show that respondent was in constant touch with the 17. Both the transcript and the exhibits attached to it and Southold Town Zoning Board of Appeals and knew everything that was going on with petitioner's special exception and variance applications. finally submitted themselves, the respondent now at the presubmission . ," 18. Having for all practical purposes drawn the site plan stage flatly disapproves it. instructs us that is advisory only and not final. 1 see nothing un-final 19. Mr. Lark, commenting on that on page six of his affidavit about it at all. - 3 - . . 20. Upon checking with the Zoning Board of Appeals after receipt of the respondent's July 26th letter I was told the petitioner's applications were continued in abeyance until they have an approved site plan. 21. Respondent's attorney reads the Southold Code and tells the petitioner she can (a) call for another meeting, (b) ask the Zoning Board of Appeals for a variance, (c) request a joint meeting of the Zoning Board of Appeals and the respondent, or "proceed with the existing site plan 'as is' and have the Building Inspector certify the plan pursuant to $100-133 (B)(C)(D) of the Zoning Code, and resubmit same to the Planning Board for its approval or disapproval". 22. That's just back around in circles again. The petitioner can't. "have the BUilding Inspector certify" anything. We Can't submit a site plan'k conformity with the code" because of the size of the lot. 23. What's proposed is doubletalk. First they say it's not final until the Appeals Board acts and the Appeals Board takes the position it can't act until it has an approved site plan. 24. That is plain and simple "final" in my book although it may also be circuitous. 25. The ever present attitude of all of the administrative bodies of the town is exemplified in the last sentence of paragraph 5 of Mr. Lark's affidavit which instructs even the Court that it cannot tell the Planning Board what to do. - 4 - . . 26. Paragraph 6 of Mr. Lark's affidavit appears to be a verbal way of breaking the log-jam now created by the Zoning Board of Appeals. The trouble is, although that would be a pragmatic way to go, they decline to do so. 27. Finally, as to the no cause of action reason given for dismissing the petition at this stage: respondent's argument is simply incorrect. The allegations of the petition have, along with the motion to dismiss. prompted the respondent to SUpply a return and Mr. Lark's affidavit reaches into the merits. Undoubtedly issues are raised and while petitioner thinks an answer ordered by the court even if it is a denial will raise more issues that will result in further affidavits and exhibits on which the Court can make a determination without a hearing, she would nevertheless welcome such a hearing to be afforded the opportunity to show in an adversary proceeding how utterly mistaken and wrong the respondent is. 28. The motion to dismiss should be denied and respondent directed to answer. In view of original further notice, petitioner should have five days before the proceeding is re-calendared after service of the answer. 29. Petitioner submits the Court will instruct respondent to read "motion" as "petition" in the original notice and get on with the substance of this matter as $5103, 104, l05(b) and 405 of the CPLR indicate. 30. Affirmant had filed a note of issue for a cross-motion to correct the original wording of the notice, but later decided that was a - 5 - . . . quite unnecessary further motion and that the Court had all the papers it needed without anytlting more. 31. Granting the wording could have been more precise, the respondent surely had notice of whl t the proceeding was all about. Dated: September 24, 1983 - 6- NOTICI: Of" I:NTIIlY ease take notice mar the within ii . ("rlili'd) JY of. rcred in the oUice of me clerk ot the within :OUrt OIl 19 . YoutJ, ere.. STANLEY S. CORWIN, P. C. :/1 lor OJlie, and POll Of/ie, Addr.u 634 First St., P. o.. Box C GREI!'NPORT. NEw YORK' 1144 ey(.) 10. NOTice Of' 5IlTTt.,EMCHT Please rake notice that 10 order 1& wirhin i. . true copy will b. p.e'OJIlod :t1eme.at ro the Hoo. f tho jUd&:1:1 of the witbiu. nam.ed Count If day of M. 19 Y OUtS. etc., STANLEY S. Co.RWIN. P. C. ~I for Ollie, and Pon Ollic, Addr", i4 First St. , P. o.. Box C . Index No. 83-15414 Year 19 SUPREME Co.URT:STATE o.F N. Y. Co.UNTY o.F SUFFo.LK KA THRINE FARR, Petitioner, - against - So.UTHo.LD To.WN PLANNING Bo.ARD, Respondent. AFFIRMA TIo.N IN o.PPOSITIo.N TO. CROSS-Mo.TIo.N TO. DISMISS. STANLEY S. Co.RWIN, P. C. "'''o'.,y, 10' Petitioner Ollie, and POll Ollk, Add"". TII"JII".. 634 First St., P. o.. Box C GlRIINPORT. NEW YOIIIC 1 t '44 516 I 477-0031 To Attorney(s) for Service of a copy of the within T'I"P,.,-4 " hereby admillecs. RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. Q. BOX 973 CUTCHOGUE. NEW YORK 11935 TELEPHONE 516 734-6807 September 29, 1983 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 SEP 29 REC'O ATT: Henry E. Raynor, Jr., Chairman RE: Farr v. Southold Town Planning Board Dear Mr. Raynor: In connection with the above-captioned matter, I am enclosing a copy of an Affirmation in Opposition to my Motion to Dismiss this matter as well as Mr. Corwin's Memorandum of Law. After you have reviewed them, I would appreciate your comments. I still want to have a meeting with you and the Chairman of the Board of Appeals to discuss the final resolution of this matter. I am hopeful you will be able to work out a mutually convenient time for this meeting. RFL:bc Enclosures y;7L ichard F. ~ . . RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD. P. O. BOX 973 CUTCHOGUE. NEW YORK 1193' TEUPHONE DIG 734.15807 September 9, 1983 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman RE: Kathrine Farr v. Southold Town Planninq Board Dear Henry: In connection with the above-captioned matter, I am enclosing copies of the following papers for the Planning Board records: i. Certified Transcript of Record of Proceedings Kathrine Farr Site Plan Application. 2. Notice of Motion to Dismiss Petition dated September 7, 1983 together with Affidavit in Support of Motion to Dismiss Petition Theses papers have been served upon Mr. Corwin and submitted to the Court, and I will keep you informed of the developments. Pursuant to our conversation earlier this week, I will make myself available for a conference with you, Gerry Goehringer and Vic Lessard in an effort to see if there is an overall resolution to the Farr Problem. You should also be aware Mrs. Farr has applied to the Town Board for an updated Wetlands Permit with which you should familiar- ise yourself. ve,.y, tr~lY rs, .~~ ~~d . Lark RFL:bc Enclosures . . - . CERTIFIED TRANSCRIPT OF RECORD OF PROCEEDINGS KATHRINE FARR SITE PLAN APPLICATION STATE OF NEW YORK: COUNTY OF SUFFOLK: 55. : SUSAN E. LONG, being duly sworn, deposes and says: 1. I am the Secretary of the Planning Board Town of Southold, and in that capacity am the custodian of all records, papers, exhibits of the Planning Board and of their minutes. Attached hereto are the documents regarding the application of Kathrine Farr which are as follows: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Certified Copy Zoning Code of the Town of Southold Chapter 100. Secretary notes, Diary of Site Plan Application - Kathrine Farr. Extract of minutes of Planning Board meetings on July 11, 1983, and July 25, 1983, Kathrine Farr Site Plan. Board notes of discussion of site inspection on July 22, 1983, regarding Kathrine Farr. Application for Building Permit dated April 14, 1983 (Kathrine Farr). Notice of Disapproval dated April 14, 1983, Edward Hindermann, Building Inspector, of Kathrine Farr Building Permit Application: Application for Special Exception to Zoning Board of Appeals by Kathrine Farr dated April 14, 1983 (Application No. 3117). Appeal from Decision of Building Inspector to Zoning Board of Appeals (Appeal No. 3118) variance application dated April 14, 1983. . Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: . Letter to Kathrine Farr from Southold Town Board of Appeals dated April 29, 1983, reference Board of Appeals meeting of April 20, 1983. SITE PLAN for Kathrine Farr, revised May 23, 1983, by Young & Young; FARR PARKING PLAN "A"; Farr Parking Detail Plan "B". Transcript of presubmission Con- ference Kathrine Farr with Southo1d Town Planning Board dated July 1, 1983. Letter from Southo1d Town Planning Board to Stanley Corwin dated July 26, 1983, reference Planning Board meeting July 25, 1983. Letter of Southo1d Town Board of Appeals to Stanley Corwin dated August 18, 1983. Exhibit 14: Correspondence received subsequent to August 23, 1983: ;' Exhibit 15: Exhibit 16: Exhibit 17: Letter to Kathrine Farr from Southo1d Town Board of Appeals dated June 21, 1983, reference Board of Appeals Meeting June 14, 1983. Letter from Kathrine Farr to Southold Town Board of Appeals dated June 24, 1983. Letter to Kathrine Farr from Southo1d Town Board of Appeals dated July 5, 1983, reference Board of Appeals meeting June 30, 1983. Letter from Stanley Corwin to Southo1d Town Board of Appeals dated July 21, 1983. j I hereby certify that the foregoing constitute all the relevant papers filed with respect to this application, and that f ~ I~._ .L_"-___ -2- < . in cases where minutes have been . cxtrlJ.ct:.~d~ Lh....,. ot-1l>>e;L..........!t. , t.~.. ... minutes are in all respects true and correct reproductions of the original minutes. Sworn to before me this 7th day of September, 1983. /. . /.t5~a:L {!_(i?-Q-~-l_<-<-_C Notary Public BABETTE CORNINE NOTARY PUBLIC, Stale 01 New York S.rllolk County No. 52-5792800 f<-i Commission Expires March 30.19_( -3- (I 'C Susan E. Long .- -"L . . ~. 'SUPREME COURT: STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - -X KATHRINE FARR, : Petitioner, NOTICE OF MOTION TO DISMISS PETITION , I' rI !I SOUTHOLD TOWN PLANNING BOARD, II 'I II Ii - - - - - - - - - - - - - - !I SIRS: II I' II . ' PLEASE TAKE NOTICE, that upon the pet1tion of Kathrine Farr j' . Ii verified on August 20, 1983, and upon the certified transcript of I'the record of the proceedings under consideration, upon the affi- against INDEX NO. 83-15414 Respondent. -x davit of Richard F. Lark, sworn to on September 7, 1983, a motion pursuant to CPLR S7804(e) wi1f be made at Special Term, Part I of this Court to be held at the courthouse thereof, located at Griffing Avenue, Riverhead, New York, on the 15th day of 'September, 1983, at 9:30 o'clock in the forenoon of that day, or :i lias soon thereafter as counsel can be heard, for an order dis- I missing the petition herein upon the following grounds: pro- I!Ceeding is jurisdictionally defective; the determination for " which petitioner seeks review is not final; petition does not state a cause of action; and for such other and further relief as may be just, proper, and equitable. Dated: September 7, 1983 TO: STANLEY S. CORWIN, P.C. Attorney for Petitioner 634 First Street - P. O. Box C Greenport, New York 11944 (516) 477-0031 RICHARD F. LARK, ESQ. Attorney for Respondent Main Road - P. O. Box 973 Cutchogue, New York 11935 (516) 734-6807 '. SUPREME COURT : STATE OF NEW YORK COUNTY OF SUFFOLK _ _ _ _ _ _ - - - - - - - - - - X KATHRINE FARR, petitioner, AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS PETITION against INDEX NO. 83-15414 I ISOUTHOLD TOWN PLANNING BOARD, Respondent. _ _ _ - - - - - - - - - - - X STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: RICHARD F. LARK, being duly sworn, deposes and says: 1. I am an attorney at law duly admitted to practice in the Courts of this State with offices at Main Road, cutchogue, New York, and have been retained to represent the Respondent in the above-captioned proceeding. 2. The above-captioned proceeding was commenced by service 'I of a Notice of Motion dated August 20, 1983, accompanied by a Petition of Kathrine Farr verified August 20, 1983, which were ,served upon the Respondent on August 23, 1983, <copies of which are annexed hereto as Exhibits A and B res~ectively). 3. At the outset, I wish to point out to the Court the above I captioned proceeding should be dismissed because it is jurisdic- tionally defective. In reading the Petition it appears to be an Article 78 proceeding in that Petitioner is requesting the Court "'...r~.,."."l_~"_'" , . . to declare the Southold Town Zoning Code unconstitutional as it applies to Petitioner's property and for a judgment directing the Respondent Southold Town Planning Board to approve Petitioner's ,site plan. m.g S7804(al defines an Article 78 proceeding as a " "special proceeding and requires under m.g S7804(cl the pro- ceeding be commenced either by an Order to Show Cause or a Notice :of Petition to be served upon the Respondent. This was not done (See Exhibit A) in this proceeding; instead a Notice of Motion was served,land 'therefore, the proceeding is jurisdictionally defective. The requirements of m.g S7804 are consistent with CPLR Article 4 which governs special proceedings and requires a Notice of Petition to be served in the ~ame manner as a Summons. The point being, in a special proceeding such as an Article 78, the Notice of Petition takes the place of a Summons, and is the jurisdic- tional predicate for the institution of the special proceeding. Without it, juriSdiction is not acquired, and a proceeding is not commenced. As the service of a Summons and not the service of a , Complaint commences an action, so to; the service of a Notice of Petition, (or an Order to Show Cause) and not the service of the Petition commences a special proceeding. Since this was not done in this matter, it is jurisdictionally defe~tive and Petition should be dismissed. has not shown she is an "aggrieved party" at this stage of her 4. Petition should also be dismissed because the Petitioner applications to the Board of Appeals and Site Plan application to -2- Respondent Planning Board to use her property as a marina for the docking and mooring of boats and yacht brokerage business. CPLR S780l states: "...a proceeding under this article shall not be used to challenge a determination: 1. which is not final or can be adequately reviewed by appeal to a court or to some other body or office~ of where the body or officer making the deter- mination is expressly authorized by statute to rehear the matter upon the petitioner's application..." Article XIII of the Southold Town zoning Code (Exhibit 1) governs the requirements and procedures concerning site plan approval by the Respondent Planning Board. As can be seen from reviewing Article XIII, and particularly SlOO-133, it becomes clear this Article 78 pro- ceeding is premature, and Petitioner is not an "aggrieved party". Since the Petition of Kathrine Farr verified on August 20, 1983, does not adequately inform the court as to the entire picture of what has transpired to date, your deponent after reviewing the records of the Planning Board is setting forth below an account of what happened in a chronological outline: (all references to Exhibits are contained in the Certified Transcript of Record of Proceedings - Kathrine Farr Site Plan Application which is annexed hereto) (a) On April 14, 1983, Petitione~ made appli- cation for a building permit to construct an office and storage building on her premises at Manhanset Avenue, Greenport, New York. Exhibit 5. Said building permit was denied by Edward Hindermann, Building Inspector of the Town of Southold who issued a Notice of Disapproval dated April 14, 1983, on the grounds that before a building permit could be issued a Special Exception had to -3- ~ 1__ . ..1.. ----., . . be obtained from the Zoning Board of Appeals and Site Plan Approval from the Planning Board as well as a notation the proposed building does not meet front and rear yard requirements of the Zoning Ordinance. Exhibit 6. (b) On April 14, 1983, the Petitioner filed with the Southold Town Board of Appeals an Application for Special Exception _ Application No. 3117. Exhibit 7. Peti- tioner filed with the Southold Town Board of Appeals on April 14, 1983, an Appeal from Decision of BUilding Inspector _ Application No. 3318. Exhibit 8. (c) On April 20, 1983, the Southold Town Board of Appeals passed a resolution holding Application Nos. 3117 and 3118 (Kathrine Parr) in abeyance pending receipt of: six (6) copies of a site plan accurately drawn to scale certified by a Licensed Engineer including all proposed parking; written comments, recommedations or approval by the Southold Town Planning Board con- cerning this site plan. Petitioner was so notified by letter of April 20, 1983. Exhibit 9. (d) On May 24, 1983, Petitioner delivered a proposed site plan to the Planning Board office, and on June 1, 1983, the Planning Board Secretary informed Petitioner to resubmit the plans delineating parking, proposed ingress and egress, and drainage plan, if needed. On June 7, 1983, the Southold Town Planning Board received a site plan which had been revised by Young & Young on May 23, 1983. Exhibit 10. (e) At a meeting of the Southold~Town Board of Appeals on June 14, 1983, the Board of Appeals requested additional information to be included in the site plan. The Board of Appeals wrote Petitioner a letter on June 21, 1983, informing the Petitioner of the additional information require- ments. Exhibit 14. (f) On June 24, 1983, Petitioner Kathrine Parr wrote the Southold Town Board of Appeals a letter supplying certain information. Exhibit 15. -4- (g) On June 30, 1983, The Southold Town Board of Appeals held a special meeting con- cerning Petitioner's application and deemed same incomplete because: (1) Peti- tioner was requesting several uses for the property; (2) Petitioner's refusal to supply certain information; (3) outside storage; and (4) Health Department Approval had not been received. Petitioner was notified of these reasons by letter of July 5, 1983. Exhibit 16. (h) On July 11, 1983, a presubmission con- ference was held with the Petitioner, her attorney, and the Southold Town Planning Board. Exhibit 11. (i) On July 21, 1983, Stanley Corwin, the attorney for the Petitioner wrote the Southold Town Board of Appeals an expla- nation. Exhibit 17. (j) On July 22, 1983, three Planning Board members made a physical inspection of the property. On July 24, 1983, one Planning Board member made a physical inspection of the property. Exhibit 2. (k) On July 25, 1983, at a Southold Town Planning Board meeting the field inspec- tions were discussed, and the Board after reviewing the file, disapproved the site plan and so notified the Petitioner by letter dated July 26, 1983. Exhibits 4 and 12. (1) On August 18, 1983, the Southold Town Board of Appeals wrote the Petitioner's attorney requesting information as to whether he intended to submit amended plans to the Planning Board ~or recon- sideration or whether he intended to submit to the Board of Appeals and copies of the approved plans to the Health Department. Exhibit 13. (m) On August 23, 1983, Petitioner commenced this action by serving papers on the Secretary of the Southold Town Planning Board. -5- . . As can be seen from the above chronological outline: the matter is presently pending before the Southold Town Board of Appeals; a presubmission conference has been held with the Planning Board resulting in the Planning Board inspecting the 'property, passing a resolution informing the Petitioner's attor- ney the Planning Board disapproved the site plan because of multiple uses of the property without Board of Appeals approval; since the proposed site plan contains a yacht rental station and office building for marine brokerage uses on a parcel of land with insufficient area being less than l/lOth of the required area under the Zoning Code. Exhibit 4. The effect of the Planning Board's denial at this presubmission stage of the site plan proceedings under the Zoning Code is advisory only and not final. 5. From reading the Southold Town Zoning Code, the Petitioner has Several available options: (a) call for another meeting with the Planning Board to get a clarification and re- submit a plan in conformity with the Zoning Code; (b) ask the Board of Appeals for a variance to construct the building and/or a special exception to obtain one or more of the enumerated uses as provided for in Article 8, Section lOO-a~B(9) and/or (14); (c) request a joint meeting with the Board of Appeals and the Planning Board to reconcile any differences; or (d) proceed with the existing site plan "as is" and have the Building Inspector certify the plan pursuant to ~lOO-133(B) (C)(D) of the Zoning -6- Code, and resubmit same to the Planning Board for its approval or disapproval. If the Petitioner chooses this latter course of action then the Planning Board will be required prior to taking final action refer the matter to the Suffolk County Planning Commission under the provisions of the Suffolk County Charter and SIOO-132(Cl of the zoning Code and within a time frame either approve or disapprove same. If it is disapproved, the Planning Board is required to give written findings upon any site plan development element found contrary to the provisions or intent of the zoning code pursuant to SIOO-133(El of the Zoning Code. In other words, the Planning Board cannot finally approve or dis- approve a site plan until the plan is: (al certified by the Building Inspector as to whether or not the site plan meets the requirements of all zoning code provisions other than those requiring site plan development approval pursuant to SIOO-133(Cl of the zoning Code; and (bl referred to the Suffolk County 'Planning Commission. The Building Inspector cannot certify the site plan until the Board of Appeals renders a decision on the yard variance and special exception request. This presubmission determination by the Respondent Planning Board is not a final determination within the meaning of an Article 78 proceeding, and as such is not reviewable by the Court. Put another way; petitioner has not followed the procedure under the Zoning Code for the Respondent Planning Board to make a final deter- mination. The whole purpose of the presubmission conference is -7- . . to discuss proposed uses to determine which site plan elements are applicable and are to be submitted to the Planning Board for final approval or disapproval. Only after the Planning Board rul, on the site plan as provided in ~lOO-133(E) may the Petitioner bring an Article 78 proceeding if she is so advised. To hold otherwise would allow applicants to bring to Court matters which have not been formally passed upon by the administrative agency and would invite a floodgate of litigation. Additionally, the Court cannot tell the Planning Board what to do or not to do, it can only pass judgment upon whether the Planning Board acted in an illegal or arbitrary fashion. 6. If the Court were to find the Planning Board's presub- mission review was a final determination and therefore review- able, then the Petition should also be dismissed as the Petitioner has an adequate administrative remedy before the Southold Town Board of Appeals, which, in fact, to date has not rendered any decision in this matter on Petitioner's appeal for a yard variance for the office building and for the special exception for the one or more requested uses of the property. For example, if the Board of Appeals allows the special exception for a marina and docking and mooring boats pursuant to ~lOO-80B(9) (Exhibit 1), then the site plan elements would obviously look one way. If the Board of Appeals allows a special exception for the retail sale of boats pursuant to ~lOO-80B(14) (Exhibit 1), then the proposed development of the property and -8- the site plan elements would be different (SlOO-l34(D). The same would be true if it allows both uses. Simply put, the applica- tion at this stage is premature as the site plan itself is in the presubmission stage for the location of the building, parking requirements, and use or uses of the property. Since the special exception uses have not yet been determined by the Board of .Appeals; it is impossible at present for the Respondent Planning Board to know what to finally approve. All Respondent has done at this stage is to disapprove the site plan for multiple uses of the property in the presubmission stage. 7. The Petition should also be dismissed by the Court for the reason assuming that everything contained in it is true, the Petition simply does not state a cause of action. All that is contained in the Petition are naked allegations the Planning Board's disapproval of the Petitioner's site plan was in viola- "tion of lawful procedure and was arbitrary, capricious, and an I abuse of discretion. No supporting information is given. A petition in a special proceeding must comply with the rules for a complaint in an action. Therefore. statements contained in a Petition must be sufficiently particular to give the Court notice " of each material element of the cause of action of how the Respondent acted. In other words, more precise allegations should be stated as to how the Respondent acted illegally or that its determination was arbitrary, capricious or an abuse of dis- cretion in rejecting the site plan submitted at the presubmission -9- ~ a . . conference. All we have in this Petition as it presently stands are conclusory allegations, and the Petition should be dismissed in the exercise of the Court's discretion. 8. No previous application for the relief herein prayed for has been made. the Petition herein. WHEREFORE, deponent respectfully asks for an order dismissing Is/ Richard F. Lark Sworn to before me this 7th day of September, 1983. /51 Notary Public -- -10- ., SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Index No. 83 - 15414 KATHRINE FARR, Petitioner, against - NOTICE OF MOTION SOUTHOLD TOWN PLANNING BOARD, Respondent. - - - - - - - - - - - - - - - - - - - - - - - - - - -,- - - - - - - - x PLEASE TAKE NOTICE that upon the annexed petition of Kathrine Farr, verified the 20th day of August, 1983, the undersigned win move this Court at a Special Term, Part I thereof to be held at the County Courthouse. Riverhead, New York, on the 15th day of September, 1983 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard for a judgment granting the relief demanded in the petition. PLEASE TAKE FURTHER NOTICE that respond~nt's return, answer and supporting affidavits, if any, shan be served at least five days before such date. Dated: August 20, 1983 Stanley S. Corwin, P. C. Attorney for Petitioner Office & P. O. Address , 634 First Street, P.' O. Box C' , Greenport, N. Y. 11944 516/477-0031 EXHIBIT /J- . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -- - ---------------- --- -- -- ------ - - --x Index No. 83 - 15414 KATHRINE FARR, Petitioner, against PETITION SOUTHOLD TOWN PLANNING BOARD, Respondent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x TO THE SUPREME COURT OF THE STATE OF NEW YORK The petition of Kathrine Farr respectfully shows to the Court: 1. Petitioner is a res [dent of the Town of Southold, Suffolk County, New York, and the owner of a parcel of vacant property on the east side of Manhanset Ave nue at Greenport in said town. 2. The use of said land under the zoning law of the town is the subject of this proceeding. - 3. Attached hereto as Exhibit A is a survey of petitioner's property. [The exhibit is a xerox reduced copy: therefore the scale 1s not accurate, al- though the proportions are. ] 4. The respondent Southold Town Planning Board is an appointed administrative body within the government of the town of Southold; the mem- bers are Henry E. Raynor, Jr., chairman, and James Wall, Bennett Orlowski, 1. EXHIBIT 6 Jr., George Ritchie Latham, Jr., and William F. Mullen, Jr. 5. Chapter 100 of the Code of the Town of Southold is the zoning law of the town, of which the Court is asked to take judicial notice. [ A copy will be handed up to the Court on the return of the motion. ] 6. The premises of petitioner are in the C Light Industrial Distr ict. 7. The only uses permitted in the C Light Industrial District without the approval of two appointive administrative boards of the town are, to quote the statute, "Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of 5 100-30." 8. Such permitted uses are (1) specified "commercial agricul tural operations and accessory uses thereto" (with certain provisions and ex- ceptions) including, subject to a number of special requirements (a) "the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products thereof in buildings x x x", (b) "the keeping, breeding, raising and training of horses, domestic animals and fowl (except ducksO on lots of ten (10) acres or more", (c) [b]arns, stor- age buildings, greenhouses (including plastic covered) and other related structures x x x" and (2) " [b]uildings, structures and uses owned and oper- ated by the Town of Southold." It is apparent that petitioners property is not suited to any of the normally permitted uses in a C district. 2. .1 ..1 'l~ . . 9. However, the statute provides that 16 enumerated uses map be permitted in such a district. viz.: B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XI II hereof. (I) Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other processing. handling or storage of products or materials, involving the use of only oil, gas or elec. tricity for fuel. (21 Research. design and development laboratories; office buildings. (3) Wholesale storage and warehousing. (4) Building contractors~ yards. (5) Public utility structures and uses. (61 Newspaper and printing establishments. (71 Bus and truck terminals (garages, parking facilities, loading docks, etc.). (8) Food processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats.'. (IO) Launching facilities. (I1) Ferry terminals. (I2) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (I41 Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building materials. "by special exception by the Beard of Appeals x x x subject to site plan approval by the Planning Board in accordance with Article XIII .:x x x" with the caveat that no'''building or premises shall be used and no building 3. ing or part thereof shall be erected or altered in the C Light Industrial District unless the same conforms with the Bulk and Parking Schedule Incorporated in this chapter by reference with the same force and effect as if such regulations were set forth herein in full. " Such schedule follows: BULK AND PARKING SCHEDULE A Re.ldence Dl.trlctl Multiple.ae"ldence Smile. Two. Dlatrleu 5u_Lne.. DI"trlce.. Indu.trta..l District.. Minimum FamJly FamUy M M-I B B.' C C., Requirement.- DwelllnA' DweUlD<< Ugh' General Ugh' General Ugh' General Total lot area (sq. ft,) '0,000 80,000 <0,000 80,000 20.000 30,000 <0.000 200.000 Lot width (ft.) 10'" 270 13. 200 80 180 200 300 Lot depth (ft.) 170 280 '.-- Front yard (ft.) 80 80 80 80 M M 80' 180 ......".oi One side yard (tt.) 10 ,. " 20 " 30 .0 Both aide yards (ft.) M .. ,. .. 80 80 100 Rear yard (Ct.) 80 80 80 " ,. 80 100 LIvable floor area (sq. 8W 880 SeeArU: See Art!- ft.) per dwelling unit c1eIV c1eV Ort-street parking spaces 2 3 See ArU. See ArU. See Art!. See Arti- See Artl. See Art!- perdweUl.ngunJt deIV cleV cleVI deVIl c1eVIII cleIX Maximum Permltted Lot coverage (percent) 20 20 ,. ,. See ArU- See Art!- See Art!- See Art!- cleVI cleVII c1eVIII c1eIX BuUdlng height: Number of stories 2\> 2\> 2\> 2\> 2 2 2 2 Feet 3' 3. .. .. 30 3' M .. , EdItor'. Note: 'lbe orlg1n&l.chedule coataLbed separate provi.lon. for lola wttb public water and ..,wer facUlUes and loc.. without publIc water and ..,wer facilIties In A Rosldeaoe Dlstrlcc... The columnII conta.ln.lag provisions applIcable to Iota wtth public water and IMlwer facUlties were deleted 5.Z8.'7I, tbua makLbc Lbe provisions appearlnr belo", applIcable to aU lots La A Residence Dlstrlcta wttbout reprd to whether or not tber were served wiLb publIc water and ..,"'er faclUUes. 1 r Amended 5.Z9.1$ J I (Amended 5.50.15 by L.t- No. '.1915J 10. Article XII, 5100-121 C of Chapter 100 confers on the Board of appeals the following powers c. Special px<:\'p[iol1~. special permits ano other appro\.als. \\'henever 3 use or the location thereof is permitted onlv if the Board of Appeals shall approve thereof. the Bo,mi of Appeals may. in a specific case and after notice and public ~lt,~aring, authorize such permitted use and its location within the district 10 which this chapter specifies the permitted use may be 10ClltL>d, subject, however, to the following: 4. ~, ~ . . (II /lefore such approval shall he given. the Board of Appeals shall determine: (a! That the use wiIJ not prevent rhe orderly and reasonable use of adjacent propenies Of of prop- erties in adjacent use districts: (bl That the use wilJ not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed Use is to be located. or of pennitted or legally established uses in adjacent use districts; (c) That the safety, the health. the welfare, the comfort. the convenience or the order of the town wiU not be adversely affected by the proposed use and its location: and Id) That the Use wiU be in hannony with and promote the genenjl purposes and intent of this chapter. (2) In making such detennination. the Board of Appeals shall also give consideration, among other things. to: la) The character of the existing and probable development of uses in the. district and the peculiar suitability of such district for the location of any of such permitted Uses; (bl The conservation of property values and the encouragement of the most appropriate uses of land; Icl The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic Congestion on public streets or high ways; (d) The availability of adequate and proper public or private water supply and facilities for the treatment. removal or discharge of sew<1ge, refuse or other effluent (whether liquid, solid. gaseous or otherwise) that may be caused or created by or as a result of the use; Ie, Whether the use or the materials incidental thereto or produced thereby may give off ob. noxious gases. odors. smoke or soot: (f} \Vhether the Use will cause disturbing emissions of electrical discharges. dust. light. vibration or nOise: (g} \Vhether the operation in pursuance of the Use will cause undue interference with the orderly 5. enjoyment by the public of parking or of recreational facilities. if existing or if proposed by the town or by other competent governmental agencies; Ih J The necessity for bituminous.surfaced space for purposes of off.street parking of vehicles in. cidental to the use. and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located; I i I Whether a hazard to life. limb or property because of fire. flood. erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot; !j I Whether the use or the s~ructures to be used therefor will cause an overcrowding of land or uIldue concentration of population: I k I Whether the plot area is sufficient. appropriate and adequate for the use and the reasonably anticipated operation and expansion thereuf; and III Whether the use to be operated is unreasonably near to a church. school. theater. recreational area or other place of public assembly. 11. The provisions of the statute having to do with site plan approval by the respondent are set forth in Article XIII, follow- ing: 6. -~~"'!> . . ARTICLE XIII Site Plan Approval ~ 100-130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building 1 nspector except upon authoriza- t.ion of and in conformity with the plans approved bv the Planning Board. ~ 100.1:11. Ohj,'rl;\'es. J n consid<.>ring and acting upon site development plans. the Planning Board shall take into consideration the public health, safet)' and welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular. and may. prescribe appropriate conditions and safeguards as may be required in order that the result of its action may. to the maximum extent possible. further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic aCCeSS. That. all proposed traffic accessways are adequate uut not excessive in number; adequate in \,,'idth, grade. alignment and \'isibility; not located too near street corners or other places of public assembly: and other similar safety considerations. B. Circulation and parking, That adequate off-street parking- and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to pro\'ide safe accessibility to all required off- st.reet parking lots. C. Landscaping and screening. That all playground. parking- and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets. and that the general landscaping of the site is in character with that generally prevailing in the neigh- borhood. Existing trees over eight (8) inches in diameter measured three (3) feet above the base of the trunk shalll>e retained to the maximum extent possil>le. ~ ~ 100-132. Effect oC approval. A. No building permit shall be issued Cor any structure covered by this Article until an approved site development plan or approved amendment of any such plan has been secured by the applicant Crom the Planning Board and presented to the Building Inspector. 7. ( .~ U. :--':0 certificate of occupancy will be issued for any structure or use of land covered by this Article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. C. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Com- mission in accordance with the applicable provisions of law. !i IOO.I:!:l. Procl'dure. A. Presubnii~sion conference. Prior to the submission of a site developllll'lll plan, the applicant or his agent shall meet with th,' 1'!.Inning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. B. Within six 16) months following the presubmission con- ference, the site development plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen (15) days prior to the Planning Board meeting at which approval is requested. If not submitted within this six (6) months' period, another presubmission conference may be required. C. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. D. The Building Inspector shall retain one (I) copy and transmit two (2) copies of the certified site development plan to the Secretary of the Planning Board at least seven (7) days prior to the Planning Board meeting at which approval is requested. '. E. The Planning Board shall act to approve or disapprove any such site development plan within ninety (90) days after the meeting at which approval is requested. Failure to act within ninety (90) days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one (I) or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The assistance of a con- sultant, if sought, must be obtained within ten (101 days of the receipt of the application. Such consultant shall report within thirty (30) days after receipt of such request as to whether or not the use applied for will be in conformance with the performance standards and, if not. what --"",.'..~,.,-",...,....._-_.-...--"~,,,,,,,.~- ---~~~._, ( "";,...._.:", . . modification in design or operation would b conformance A f h e necessary for be f . hod' copy 0 t e report of such consultant shall urms to the Planning B d B 'ld' and applicant. oar. UI Ing Inspector F. ~:~ni~~~~ts to a site development plan shall be acted plan. same manner as the approval of the original G. The Planning Board ma . h . periodically reviewed. y requITe t at sIte plan approval be ( 12. Pursuant to the statute petitioner applied on April 14, 1983 for a Bui lding Inspector's approval of a proposed use and building; the application was denied. Thereupon petitioner applied to the Zoning Board of Appeals for a special exception, and for a variance on other grounds. Due notice of the application was given to the adjoining property owners. 13. On April 29, 1983 the chairman of the Z.oning Board ::>f Appeals wrote a letter to petitioner: a copy is attached as Exhibit B. 14. Thereupon petitioner filed a proposed site plan with respondent and after revisions were made following an informal con ference with the chairman of that board a pre-submission conference was held. 15. Subsequently, on July 25, 1983 the respondent adopted a resolut ion which was communicated to petitioner's attorney by a letter dated July 26, 1983, a copy of which is annexed as Exhibit C. 16. The use petitioner sought was yacht rentar-and marine brokerage. As Exhibit A shows petitioner enjoys over 186 feet of water- front, some 153 feet of which is substantially bulkheaded 17. Such use involves mooring sailing yachts to the bulkhead from time to time and the erection on the property of a small office and storage 9. building necessarily elevated to comply with federal flood plain area regulations. 18. Such use is not in any sense a generator of traffic or any other conditions significantly affecting the health, safety, welfare and morals of the people of Southold Town. It would be economically unfeasible to use the property for a permitted use without a special exception, but if such a use were engaged in it would doubtless have a far greater adverse effect than the requested use. 19. Under the circumstances the statute is unconstitutional as to petitioners property. 20. The determination of the respondent to disapprove the site plan drawn to its preliminary specifications was made in violation of lawful procedure, affected by error of law and was arbitrary, capricious and an abuse of discretion. WHEREFORE petitioner demands judgment direct ing respondent to approve petitioner's site plan, determining the unsonctitutionality of the statute as applied to petitioner's property and for such other, further or different relief as to the Court may seem just and proper.. Stan1 cy S. Corwin, P. C. Attorney for Petitioner Office & P. O. Address 634 First Street, P. O. Box C Greenport, N. Y. 11944 516/477-0031 10. ",,","Il- """" . . State of New York, County of Suffolk ss. : Kathrine Farr, being duly Sworn, deposes and aays that she is the petitioner in this proceeding, head read the foregoing petition and knows the contents thereof, that the same is true to deponent's knowledge except as to the matters therein stated to be alleged upo n information and belief and that as to those matters she believes it to be true. .1/---, L ---~~~~~__L~L~~________ STANLEY s. cr:o~\~'l~ NOTARY PU8!...IC, S:=:.,~f ~<'::'.y York Suffolk COl::-!:Y .":0 5")'5::21;.":01 . I Term ExpirEs March 30, 19'Oi" Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE 15161765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Ap r i 1 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear :-15. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, be held in abeyance pending receipt of the follow- ing: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let your proposals. to call. us know when the Planning Board has acted upon If you have any questions, please don't hesitate Yours very truly, lk cc: GERARD P. GOElIRINGER C~~ ~~~~e~retary Planning Board Building Department 2" 'I. ~', b ',-1 'is ,.. -------- M41/i1(41/iSE;- "'~ s.?o~ , ~~.<JO" . //000' E.-------z - , . ~ ~ ~ ~ . Mary C Zip,," ^Os ~~ ./ . <'0"'06' 9-,6'6' \ 0/0017 Horris rE: l. 2. AREA TO TIE LINES: 3,780 SQ. FT. SUFF.CQ.TAX MAP: 015T. SECT. eLK ~~ 1000 034 O~ M<; L JArUM 3 ELEVATIONS .'oRE RE~EREtKEO TO APRROXIJ,lJ.TE 534057'ZO E ,.- - 44.99' / , , , , , , , , , , , ", ~, '" ,- ,.' I~' ., !"'/ '., I' , I , EL '-,1 AVENUE PAIN' ~AR/(ON ~LARG{C"'UN/(O" I C'ONCWrE , " I 5.J4051 20 E. I _____ POW . j (;U'I'I'Ol.l" '" t/4'€"s -44.11': , ' ..... "'"- "UBSIJ, CJ_.... i.",,,,oO.''5o"";;"' l' rIel./. '---. JJJe' W. .4/,0.....",. ___ ___ __ ~"'O..f"~AI':AI: _ \. ...... ""- ~lcitc ~~ .~",: ~ .~ 1:1 '" ~ STERLING '~lo .~~'- ">' ~ ~ '" 1I~'lt,_,l{O 'LHu"n.. oa'OD'T1C>1ll'O ''''1 \VA,,[T 'SA ""'-'''O''O'$[C''O'' n090< 'ME "'.w 'ORAS"'! (Ou'A"ON CO. Crlf"($ O' ""~ 'U'"Y[' "OR """, Uu,,,o ,..( lUD ,U"""O.5 ,...(0 SfOLOOI [".OHIO .fAl SHOll. "01 Br COHs'or..to '0 ~( . VU'O 'AU! COl" 00.....1([, ,..o'UTED ..fOlD" S"OLL '"UII 000" '0 ,..f PI. ~~O.. ,<'" ."0" 'oI( 51....'(. " ~~, noro, A~O 0.. ",s n"AL' '0 ,..( "HI cc"rU',GO_IO""U..Al AG[~C' ...0 l["O."S ''''''''I''O~ ,'lTfO ..(.rco~ ...0 '0'''( 01";"[" or tlf( l{""'~~ '''''''~''O'' GU~.~7'~~("L ".f ...,. ,~..... ''''"t( ,'-' ',,<, ~,,;. .".,.., '.... """"U.."~' '.~I.'. IJ176' ,,-M,~^ sa "o..L.c.. IIIONrOI.lNDOIIO'SIIT. l{ .-~~.'7 ..-. \J\~ ,0 ~-::.. IITArEAl/urEA. \1' a r-; ,,~ -.;)0. \~~ - ~_'\ 0.. 0.. 0 _ ~~~ "" ~:"t -;.', ~'!.. ~ ~ -;_<$1 ....~. 0 .. EL "0 "'lONG .'/ .'- ;",- '"" "OOD ~ 1\1'2$<;>28'''0'',., IIUlIrNr<'fO B4SIN REVISIONS 400 OSTRANDER AVENUE. RIVERH .....LDEN W. YOUNG ,.IIOl'(..,ON"L 1I:..e;'N(I[II ....0 LA NO .UIlV(fO", ".f... UC. NO. SURVEY FOR: KATHRINE FARR AT GREEN PORT TOWN OF SOUTHOLO 12...' ~ ~ - ~ ... :t )c. l1J 9009: GUARANTEED TO: Of N '( USll~E TITLE I NSUR4NCE CO. SUFFOLK CO., N. Y. ., /..1, SCALE: I": 20' DAfE MAR. 7,1983 . HENRY E. RA YNOR, Jr.. Chairman JAMES WALL DENNETT ORLOWSKJ, Jr. GEORGE RITCHIE LATH,,"'!. Jr. WILUAM F. MULLEN, Jr. Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: T . After an on site field inspection and discussion of same at our meeting, July 25, 1983, the fOllowing action was taken. D Soulhold, N.Y. 11971 July 26, 1983 TELEPHONE 765-1938 RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. Very truly yours, HENRY E. SOUTHOLD RAYNOR, JR., CHAIRMAN TOWN PLANNING BOARD \) \-~. f\ ^_ ~~ \~,^/0 c: Susan cc: Zoning Board of Appeals By E. Long, 2 Y' ~: b I'~ C . \ (>^~ i '--\. I I Secretary ..,""-- -~ . . . STATE OF NEW YORK, COUNTY OF ~ The undersigned, an attorney admitted to practice in the courts of New Yark State, o Certification certifies tbat the within By Attorney has been compared by the undersigned with the original and found to be a true and complete copy. O Attorney's shows: deponent is '"' Affirmation g ., SS,: . = " the attorney(s) of record for in the within action; deponent has read the foregoing and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent and not by The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: .....--.-...--n-..h_..._____...______._____...h.__....___....nn..____..... The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF 5S.: ~ 0 Individual m Verification being duly sworn, deposes and says: deponent is the in the within action; deponent has read the foregoing and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. ~ L ~ " .. ~ O Corporate the of u Verification a corporation, in the within action; deponent has read the foregoing . and knows the contents thereof; and the same is true to deponent's own knowledge, except as to the matlers therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because is a corporation and deponent is an officer thereof. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Sworn to before me on t, "J 19 .n.n...-.....__.__...__..h.__....____...U.._...__..........n............. The name signed must be printed beneath /' STATE OF NEW YORK, COUNTY OF ss.: f,.~,> .\t .~; ~: is over 18 years of age and resides al O Aflidih'it On ofServiu By Mail being duly sworn, deposes and says: deponent is not a party to the action, 19 deponent served the within o = upon a-ttorney(s) for in this action, at the address designated by said attorney (s) for that purpose by depositing a true copy of same enclosed in a post.paid properly addressed wrapper, in _ a post office _ official depository under the exclusive care and custody of the United States Postal Service within the State of New York. ] g ., Affidavit of Personal Seryice On deponent served the within 19 at o " upon herein, hy delivering a true copy thereof to h person so served to be the person mentioned and described in said papers as the the personally, Deponent knew the therein. ~worn to before me on 19 ..... ...-....m.n;;~a;,..;~.i;.~;;;.;.;~;i..~-;~i~t.td.b;~~th.........n...... , NOTICE 0.. IINTRY .83-1:)414 \ Index No. Year 19 I . SUPREMG COURT S'rATE OF NeW \ YORK I COUN'rY OF SUlt'FOLK ;ir:-Please take notice that the within is a (ctr,iti,tl) rue copy of a luly entered in the oUiee of the clerk of the within lamed court on 19 KATnRlriS FARR, )ated, J?et.i~ion.r Y OutS, etc., RICHARD F. LARK -lltorn,)' tOT Otfic. and Post Office Address aqainst . MAIN ROAD - P. O. BOX 973 SOUTllOLO '1'O",N PLANNIiiG BOARD, CUTCHOGUE. NEW YORK' 1935 Reaj?ODdant ro \ttorney(s) for ulJ!'.Ll.,;..,tt UE ";VJ;J.V..4 .'V U.&.OftJ"l;>>c. PETITION WITd AFFIDAVIT IN SUPPORT or 201arIOO TO DIGMISS NOTICE 0" S&TTLEMlENT iir:-P1ease take notice that an order )f which the within is a trUe copy will be presented or settlement to the Hon. Attorney lor Office and Post Office Address. Telepllonl RICHARD F. LARK RespOndent me of the judles of the within named Coun, at MAIN ROAD - P. O. BOX 973 ::. Dated, 19 CUTCHOGUE. NEW YORK 11835 (5Un 734-8807 M. YoutS, etc., RICHARD F. LARK To ~ttorney fo, Attorney(s) for OfJice and Post OffiCi Add"" MAIN ROAD - P. O. BOX 973 Service of a copy of the within CUTCHOGUE. NEW YORK 118315 is hereby admitted. Dated, . , ..._..........._._.....___............60_................._..__._ To '\ttomey(.) for Attonley(.) lor ..............r an.-... ...._ .....,I-;O;...~ ...eu ..., Si.r-~Please take notice that the within is a (certijud) .. 'II crue copy of a .. duly entered in tbe office of the clerk of the within named court on 19 SUPREME COURT : STATE OF NEW YORK : COUNTY OF SUFFOLK KATHRINE FARR, Dated, Yours, etc., RICHARD F. LARK Petitioner, Attorney for Of/icI and Post OfficI Address MAIN ROAD - P. O. BOX 973 against CUTCHOGUE, NEW YORK 11935 SOUTH OLD TOWN PLANNING BOARD , To Respondent. Anomey(s) for . NOTICE Of' SETTLEMENT ANSWER Sir:-PJease take notice that an order of whicb the within is a crue copy will be presented for senJement to the Hon. on at Dated, 19 RICHARD F. LARK Attorney/or Respondent, Southold Offi<< anJ'9Jflb/Rct~n!Wl,p.g~rd MAIN ROAD - P. O. BOX 973 one of the judles of the within named Coun, at M. CUTCHOGUE, NEW YORK 11835 (51.. 7:w.e807 Yours, etc.~ RICHARD F. LARK To llliM:.ornlY for . Offic, and Pon Offic. Addreu MAIN ROAD - P. O. BOX 973 Attotney(s) for Service of a copy of the within CUTCHOGUE, NEW YORK 11938 is hereby admitted. Dated, . To .... .-----...--..uu_....h_._u...__u..._...___..u__......___... . Attorney(s) tor Attorney(s) for 3~.jUUU. aLUMa.'UI. INC.. LAW aL"NlC "uaLlaHlu,a, N,'f.C. IDOlS '''"''..."......,.,'<'''' . . .... '.-C-,_,. '.,~. ,.,.,.',..,""-,,"....,-~-)... . . . . . STATE OF NEW YORK, COUNTY OF &S.: The undersigned, an attorney admilled to pract~ in the courts of New York State, D Certiliution certifies that the within By A"".., has been compared by the undersigned with the original and found \0 be a true and complete copy. :;; 0 Altorner's shows: deponent i. .;1 A.r.ation .. A C " ~ u . . .. . the attorney (s) of record in the w~thin action; deponent has read the foregoi and knows the contents thereof; the same true to deponen!'. own knowledge, except 8S to the matters therein stated to he alleged on information and beli and that as to thoae !DaUers deponent believes it to be true. This veDification is made by deponent and not by The grounds of deponent's belief as to all matters not staled upon deponent's knowledge are as follows: The undersigned affirms that the foregoing et.t~Dts are true, under the penalties of: perj ury. Dated: , STATE OF NEW YORK, COUNTY OF SUFFOLK ".: HENRY E.. y.mOR, JR., beiJIg duly sworn, deposes and says, deponent . 0 lndiwidllll ~ ....- in the within action', deponent baa ....~..;~ & Verilcatioa .. F I .. the foregoing and k'1ows the contents thereof; the same is true , ~ deponent's OWl) kno1!'ledge, except as to the matters therein sllj\ed tf be alleged on information and belief, and , ! to those matterB depopent be~es it to be true. . " r.;] c"...... the Chai%'llUln of Southold Town Pl"""'ing Board ~ LAJ Verillc'.tioll -rw-" a municipal corporation, respondent i in the within action; deponent has read th foregoing Answer . . - -. illld knows the contents thereof; and the sam is true to deponenl:....wn knowledge, except as to the mailers therein slated to be alleged upon information an belief, and .. to th_ IIIlIItcP deponent believes it to be true. T4is verification is made by deponent becau:: \ .-, is a corporation and deponent is an officer thereoi The grounds of deponent's belief as to all m~rs nol_ed upon deponent'. know~dge are as follows: Books, recor(l, and files of Southol<t Town. . .. : . ........--.......--..--.--.--..--......--........--..----.................., TIM II'" sipld ..,t IlIllrbltallllnu.U1 6/........__.._____........__.___m__.__.__.....................; , The naMe sillned _ust lie printed "Hath BABETTE CORNINE . i Henry E. Raynor, JJ; . Nt\TARY 'UBLlC, State of New York Sdlolk Ccunly No. S2.S7928~O ['I Comm;uion Expire. March 30. 1 '...::...J STATE OF NEW YORK, COUNTY OF SUFFOI,X &S.: . BABETTE CORNINJ:: being duly sworn, deposes apd says: deponent is nol a party to tbe acUQII; isoverl8 years of age and resides at 335 Sunset Avenue, Mattitucrk, New York 11952 'Xl A"'"" On October 24, 1983 deponent served the within, Answer ~ otSenic. .,..., upon Stanley S. Corwin, P.C. attorney (x) for Petitioner in this action, at 634 F.:j.rst Street _ P. O. Box C, Greenp.ort, NY 11944 . ~e address d~signated by said atlorney(s) for that purpose by depositing a true copy of "'ltDe enclosed In a post.pald properly ~ddressed wrapper, in _ a post office _ offic:.ial depository under the exeJuaive care and cuatody of the United Stat~ Postal Service within the Slate of /ti.ew y~ i .. Alidawit On 19 a-t "E 0 of Personal t5 Se"iu deponent served the within Sworn to before me on 6/ Octobtr ~4, 19 83 Notary Public ~ ... . i :i upon Sworn to before me on herein, hy delivering a true copy there~f to 10 person so served to be the perSQJl mentioned and described in said pai>l'rs as the October 24, 19 83 the personally. Deponent knew the thereia. Notary PUO-!-1C .......... ....u..T~.;;... ~'ii'~~';';~;i-b~' ;.;i;.t~'...ii-"'.-.n........ Babette Cornine 1(1 ,t;/;q( . \.: .;? .~ '. o ! -- -\ , , , , , , '~ 0 ~ , I I I c; . i I _'j I DCO '~/()- . I CONIULT TOU' .LAWTn IIfO.lllfilllll.. 'n" 'NITIUMU... ,n'>ln,.,.v...n, '''...u.u.. u..u:, ...... .... ......, I ',915??!Gf3~2 . ..21469 L& 'i1hsTNDENTURE,madCthe llthdayof December,ninClccnhundrcdand e~ghty one BElWEEN ,-- SAYBAY CONSTRUCTION CORPORATION, A domestic corporation, having an office at 347 McConnell Avenue, Bayport, New York () party of the lint part, and Li,::TR/'::T SF ,; r I OIl L!.kEEJ"". _. ......--.-1 ' I" I l~. - ,: I . I' -- , .....J a I, .....r. 'l"~ , I" ....--......i.-:J 8; (.i...--; L "I ......, I, : j I L_c...J t.. ._..) 11 --,-. , ; ;. I ' L__'--L. j 21 ,. , ,1 ~ : L_........I ;':6 KATHERINE FARR Main Road Orient, New York party of the IeCODd pan, WITNESSE1lI, tbat tbc party of tbc lirat part, in consideration of TEN AND NO/100 ($10.00)--------________________________ lawfulDIODe)' of the United Stata, dollara, paid by the party of the Iccaad put, doa hereby enol and release unlO the ~rty of the second part, the heirs or succcssora and aasicu of tbc party of the second part forever, ALL that certaia plat. piece or pared of land, with the buildines and improvcmcnls thereon erected, situate. lying and bci"C of Southold, as follows: Incorporated Village of Greenport, in the Town Suffolk County, New York, bounded and described --~ i BEGINNING at a point on the Westerly line of Manhamet Avenue- 258.86 feet southerly along said westerly line line from southerly side of Champlin Place, from said point of beginning running along said westerly line of ManhansetAvenue, South 34 degrees 57 minutes 20 seconds East 123,60 feet; THENCE along land of Sterling Harbor Marina,Inc. South 23 de~rees 48 minutes 10 seconds West 56.23 feet to ordinary highwater mark of Sterling Creek; THENCE northwesterly along said high water mark, 160 feet i more or less, as measured by a tie line, North 17 degrees 29 minutes 20 seconds West 160.15 feet to the point or place of BEGINNING. '\1 ,I 'i TOGETHER with all of the right, title and ipterest of the party of the first part; if any, of, in and to the waters and lands under the waters of Sterling Creek adjacent to the above described premises, together wtth any and all structures erected therein or thereon. . 214(ili RECUVED $...!kn5.~n..... REAL EST^TE MA!~ J 0 19S? TRI\I~SFER II'" SUFFULK COUNTY \ EXHIBIT .L ~rrnRnrO t~t.R 10 mOl \ .Ar.TIIU~!. I tLl,,( . I dt nf c..' I" r"""ta, ,0 ." \ \ \ . '. I':.' ", , , , .' :' '. .",' . " .' . () . , .^ ~." " ~'~~_1 'J' ' --=-'V/..... '.~, . ,'q:~\:;. r' ;, '\ / : , . .:~ 7'l'~ff'Cl. ,~ ~ ,0 U-f \.}' '.; , ," -/ \ "-----. ....- /- s. :-...;.~~' "'~4;_ '1:..:: .;-2~ i!",./~, .V!"~t"f 1';::11"4:: J:: " . ,-_.. "-1 -. , .<:>-- J ~~';CJ.~\. " -, .- ! ':'-.' ~ "~'C" 1-. . I " , 'f 'r' 'ff II - ,...'1 \I ':~. /" J. = ! ,iJ ~II ", i'TII'2-11f? ~ii8 l! ~ -. ',", . .. "* > .! ';0; ,'0, 'I fl i!C1j .U~ ~,,;!c "~"g '>" Uh~~ ~~!; ~;jii~ s:~~ '<< ~ ".~-~~ ~!.l~~ '~""i f ~; 11 fi (, r: a'i . pc. 1'. i!,,:~ f ., ~"",, n"h< ~_.tf"."o S7"O: ~'- ~ .." :L ... C h ....:z- 0(5 ... 65' " .~. .i.. ~" !I:-.~~' -.c >Z ....,~i.;.x~ .~ ~5S L. II - .. ~ ~ ,!' n > ~ 1 .:a ~ j ~ ~... '. It ,- ~ llz. { U o~; r- '~o 10 ~ ", r" ~...~ , r- ,j " hi! ! ~ '~ i " V \11 \Jj (\ .. J 1'- ~ '.. t, ~ If. , t- .; ;1 " .' . 10 "II " t I J n r:~ . " 't. ~ 1 .. il~~ (I) . \I '0- , ~ ~;.., (j 1I-', , 1 " " ;-, t' v a , . " ! ;t' ' " + i' ;i: ~ - 11 't I ; . ~ or, I, 0 J ~ 'II " . ,. .~ III , , , ,) pI ,;j ~ " -,. :D 1;. I ,t ~ . " " {i I - {" ll' 'I ;'71 Q. (! , .. .~ t, r , .. ,-. ,I vii " !' ~ "\ ' '. J :~ , " . ~ ~\ 8' S I " oJ ( , II ; , l 'r .J ~, 'QI . Ill: I. ..1 (:1 ~" " 'I' '< ~ , Il (0 " I. ..,. ['J ~Jj ,.. ., II , , ' ,0 o l( . j dj (}Jt ~\ .j " " i '0 L' " ~ 1.11 ! ../ " . . ~~ ", U,. Ci. ~ 0 , :1:. Q ~ ot .j (' .1 - ~. ) ~ d' rlJ~' ..{ " 0' " , 1 0 ~ -, fIl " .. - 'c 1\' CD C' . ;J ~ oj " ), , ,'l~ "t- '. " " - I '(, :l , I. t 0, :" (, III o' J - '. I - -~-....---. ~II---ZT , '. ~~"-; . . RICHARD F. LARK ATTORNEY AT J..AW MAIN ROAD. P. O. BOX 873 CUTCHOGUE. NEW YORK 119315 TELEPHONE 816 734-6807 April 14, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman ------------------------------------------------------------------- Professional services rendered in connection with the represen- tation of Southold Town Planning Board in the Article 78 pro- ceeding entitled "Kathrine Farr, Petitioner, against Southold Town Planning Board, Respondent", Supreme Court, County of Suffolk, Index No. 83-15414: Review of: site Plan Certification of the Building Inspector submitted to the Planning Board dated October 26, 1984; preparation of proposed resolution of Southold Town Planning Board dated December 9, 1983, and amended resolution passed by the Planning Board on March 30, 1984 and forwarded to the Zoning Board of Appeals; Appearances before Southold Town Planning Board on November 21, 1983 and December 5, 1983, to discuss status and possible settlement of matter; Numerous telephone calls with Henry E. Raynor, Jr., concerning settlement of matter; numerous telephone calls and office conferences with Stanley Corwin, Esq., attorney for Petitioner concerning settlement; Settlement conference on January 19, 1984, with Henry E. Raynor, Jr. and Stanley Corwin, Esq. Amount of time expended on above matter from November 1, 1983 to date: 10-3/4 hours. $965.00 . Smith, Finklestein, Lundberg, Crimmins and Yakaboski Attorrties at Law 456 Griffing Avenue Riverhead, NY 11901 Re: Katharine Farr site plan Dear Mr. Yakaboski: . /;:;!to';'--;;~~~>'-c PLANNING BOA.RD T({~i ~(S~U.....7.... '~~D ('o,}.."" l,...,... .,-,.-:..... ....,ty ......... -"I . -1\i. _ :1;- SUFFOLK-COUNTY ~~ it".! "./)' , -~<;-~ZZ'.'i:.:,:.J-i/ . Southold. N. Y. 11971 (516) 765-1938 August 15, 1984 As per your request, enclosed are copies of the Planning Board resolutions for the above mentioned site plan. If you need any further information, please don't hesitate to contact our office. enc. Very truly yours, ~vC O\.J~.;;:,k) (\., cLu..o BENNETT ORLOWSKI, JR., CHAI~~N SOUTH OLD TOWN PLANNING BOARD By Diane M. SChultze, Secretary . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x Index No. 83 - 15414 KATHRINE FARR, Petitioner, against - NOTICE OF MOTION SOUTHOLD TOWN PLANNING BOARD, Respondent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x PLEASE TAKE NOTICE that upon the annexed petition of Kathrine Farr, verified the 20th day of August, 1983, the undersigned will move this Court at a Special Term, Part I thereof to be held at the County Courthouse, Riverhead, New York, on the 15th day of September, 1983 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard. for a judgment granting the relief demanded in the petition. PLEASE TAKE FURTHER NOTICE that respondent's return, answer and supporting affidavits, if any, shall be served at least five days before such date. Dated: August 20, 1983 Stanley S. Corwin, P. C. Attorney for Petitioner Office & P. O. Address . . 634 First Street, P..O. Box C',', -.-; Greenport, N. Y. 11944 516 / 477-0031 . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x Index No. 83 - 15414 KATHRINE FARR, Petitioner, against PETITION SOUTHOLD TOWN PLANNING BOARD, Respondent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x TO THE SUPREME COURT OF THE STATE OF NEW YORK The petition of Kathrine Farr respectfully shows to the Court: 1. Petitioner is a resident of the Town of Southold, Suffolk County, New York, and the owner of a parcel of vacant property on the east side of Manhanset Avenue at Greenport in said town. 2. The use of said land under the zoning law of the town is the subject of this proceeding. '3. Attached hereto as Exhibit A is a survey of petitioner's property. [The exhibit is a xerox reduced copy: therefore the scale is not accurate, al- though the proportions are. ] 4. The respondent Southold Town Planning Board is an appointed administrative body within the government of the town of Southold; the mem- bers are Henry E. Raynor, Jr., chairman, and James Wall, Bennett Orlowski, 1. . . Jr.. George Ritchie Latham, Jr., and William F. Mullen, Jr. 5. Chapter 100 of the Code of the Town of Southold is the zoning law of the town, of which the Court is asked to take judicial notice. [A copy will be handed up to the Court on the return of the motion. ] 6. The premises of petitioner are in the C Light Industrial District. 7. The only uses permitted in the C Light Industrial District without the approval of two appointive administrative boards of the town are, to quote the statute, "Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of ~ 100-30. " 8. Such permitted uses are (1) specified "commercial agricul tural operations and accessory uses thereto" (with certain provisions and ex- ceptions) including, subject to a number of special requirements (a) "the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products thereof in buildings x x x", (b) "the "keeping, breeding, raising and training of horses, domestic animals and fowl (except ducksO on lots of ten (10) acres or more", (c) [b]arns, stor- age buildings, greenhouses (including plastic covered) and other related structures x x x" and (2) " [b]uildings, structures and uses owned and oper- ated by the Town of Southold." It is apparent that petitioners property is not suited to any of the normally permitted uses in a C district. 2. . . 9. However. the statute provides that 16 enumerated uses map be permitted in such a district. viz.: B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. ( 11) Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other processing, handling or storage of products or materials, involving the use of only oil, gas or elec. tricity for fuel. (2) Research, design and development laboratories; office buildings. (3) Wholesale storage and warehousing. (4) Building contractors' yards. (5) Public utility structures and uses. (6) Newspaper and printing establishments. (7) Bus and truck terminals (garages, parking facilities, loading docks, etc.). (8) Food processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats. 14 110) Launching facilities. 111) Ferry terminals. 112) Yacht clubs; charter fishing docks. 113) Eating and drinking establishments. , 114) Retail sales of boats and marine items. 115) Boat building; boat servicing; boat storage facilities. 116) Yards for sale and storage of fuel and building materials. "by special exception by the Board of Appeals x x x subject to site plan approval by the Planning Board in accordance with Article XIII .= x x" with the caveat that nO-!'building or premises shall be used and no building 3. . . ing or part thereof shall be erected or altered in the C Light Industrial District unless the same conforms with the Bulk and Parking Schedule Incorporated in this chapter by reference with the same force and effect as if such regulations were set forth herein in full. " Such schedule follows: BULK AND PARKING SCHEDULE A Residence District' Multlple.Resldence Slngle- Two- District. BUllne.. District. industrial Dlatrlcbl Minimum FamHy FamUy M M.' 8 8., C C., Requirement. Dwelllnr DweWnr Ugh, General Ugh, General Ugh' General Tot&llotarea (aq. it.) 40,000 80,000 40,000 80,000 20,000 30,000 40,000 200,000 Lot width (ft.) 1110' 270 13' 200 "" 1110 200 300 '. Lot depth (ft.) 176 2110 '>.$.; Front yard (ft.) 110 110 110 110 .. .. 110' 1110 "<>':'-JI One .Ide yard (ft.) .. .. .. 20 .. 30 110 Both aide yards (ft.) .. .. .. .. 110 110 100 Rear yard (ft.) 110 110 110 .. .. 110 100 Livable floor area (sq. 8llO 8llO See ArU- See ArU- ft.) per dwelllng unlt clerV cle V Olt-street parking .paces 2 . SeeArti. See ArU. See Arti. See Artl. See ArU- See Artt- per dwelUng unit cleIV cleV cleVI deVIJ cleVln cleIX Maximum PermUted Lot coverage (percent) 20 20 .. .. See Arti- See ArU. SeeArtt- See Artl. cleVI cleVII de VIII cleIX BuUding height: Number of _torlea 21i 21i 21i 21i 2 2 2 2 Feet 3' SO .. .. 30 .. .. .. I EdUor'a Note: Tbe orl&1n&lachedule contained ~pa,..te provlaloa. tor lok with publle water and ~wer tacUltlM and lok without pubUe water and Hwer laclUtle. In A ae.ldeaoe Dlatrlck. Tbe column. coata1nln( provlalon. appUeable to log with pubUe Water and Hwer tacUltlea were deleted 5-19-71. thu. makln( the provl.loua appearln( below appUca.ble to aD log I.a A Re.ldence DI.trleq without reprd to whether or not they were Hrved with pubUc w.ter and HWllr tacWtlM. J [Amended 6-Z9-7SJ J [Amended 6-SO-76 by L.L. No. 3'1'1'6J 10. Article XII, ~100-12l C of Chapter 100 confers on the Board of appeals the following powers C. Special exception,. 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 hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted Use may be located. subject, however, to the fOllowing: 4. . I II Before such approval shall be given. the Board of Appeals shall determine: lal That the use will not prevent ,he orderly and reasonable use of adjacent properties or of prop- erties in adjacent use districts: (bl That the use will not prevent the orderly and reasonable use of permitted or legally established Uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent Use districts; Ic) That the safety, the health, the welfare, the comfort. the convenience or the order of the town will not be adversely affected by the proposed use and its location; and Id) That the use will be in harmony with and promote the general purposes and intent of this chapter. 121 In making such determination. the Board of Appeals shall also give consideration, among other things. to: (a) The character of the existing and probable development of Uses in the district and the peculiar suitability of such district for the location of any of such permitted uses; (bl The conservation of property values and the encouragement of the most appropriate uses of land; Ic) The effect that the location of the proposed use may have Upon the creation or undue increase of vehicular traffic congestion on public streets or highways; Id) The availability of adequate and proper public or private water supply and facilities for the treatment. removal or discharge of sewage, refuse or other effluent Iwhether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use; lei Whether the use or the materials incidental thereto or produced thereby may give off ob- noxious gases. odors. smoke or soot; (f) Whether the use will cause disturbing emissions of electrical discharges, dust. light, vibration or noise; (gl Whether the operation in pursuance of the use will cause undue interference with the orderly 5. . I I I . . enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies: (h I The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located: I i I Whether a hazard to life. limb or property because of fire. flood. erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot; !j I Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population; I k I Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof; and ill Whether the use to be operated is unreasonably near to a church, school. theater. recreational area or other place of public assembly. I, 11. The provisions of the statute having to do with site plan approval by the respondent are set forth in Article XIII, follow- ing: 6. . . ARTICLE XIII Site Plan Approval ~ 100.130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, no building pennit shall be issued by the Building 1 nspector except upon authoriza. t.ion of and in conformity with the plans approved by the Planning Bllard. !l ((Ill.l:ll. Oh.i"<lives. I n considering and acting upon site development plans. the Planning Board shall take into consideration the public health. safety and welfare. the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular. and may. prescribe appropriate conditions and safeguards as may be required in order that the result of its action may. to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffie access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width. grade. alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. B. Circulation and parking. That adequate off.street parking- and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to provide safe accessibility to all required off. street parking lots. C. Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the \'iew of adjacent residential lots and streets, and lhat the general landscaping of the site is in character with that generally prevailing in the neigh. borhood. Existing trees over eight (81 inches in diameter measured three (3) feet above the base of the trunk shall be retained to the maximum extent possible. ~ 100-132. Effect oJ approval. A. No building pennit shall be issued for any structure covered by this Article until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. 7. ( '" ,",:~..'. .-:.: . . u. ~o certificate of occupancy will be issued for any structure or use of land covered by this Article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. C. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then ( the matter shall be referred, prior to final action by the Planning Board. to the Suffolk County Planning Com- mission in accordance with the appHcable prodsions of law. S IOO-I:!:l. Proe,.dure_ A. Presubl!iis~ion conference. Prior to the submission of a site developml'nt plan, the applicant or his agent shall meet with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. B. Within six (6) months following the presubmission con- ference, the site development plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen (I5) days prior to the Planning Board meeting at which approval is requested. If not submitted within this six (6) months' period, another presubmission conference may be required. C. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. D. The Building Inspector shall retain one (I) copy and transmit two (2) copies of the certified site development plan to the Secretary of the Planning Board at least seven (7) days prior to the Planning Board meeting at which approval is requested. E. The Planning Board shall act to approve or disapprove any such site development plan within ninety (90) days after the meeting at which approval is requested. Failure to act within ninety (90) days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The assistance of a con- sultant, if sought. must be obtained within ten (10) days of the receipt of the application. Such consultant shall report within thirty (30) days after receipt of such request as to whether or not the use applied for will be in conformance with the performance standards and, if not, what R . . modification in design or operation would b conformance A f h . e necessary for be f . hoo' copy 0 t e report of such consultant shall urn.s to the Planning Boa d B 'lill and applicant. r. UI ng Inspector F. Amendments to a site development plan shall be acted ~ia:~ 10 the same manner as the approval of the original G. The Planning Board . ( periodically reviewe;ay requIre that site plan approval be 12. Pursuant to the statute petitioner applied on April 14. 1983 for a Building Inspector's approval of a proposed use and building; the application was denied. Thereupon petitioner applied to the Zoning Board of Appeals for a special exception. and for a variance on other grounds. Due notice of the applicat ion was given to the adjoining property owners. 13. On April 29. 1983 the chairman of the Z.oning Board C)f Appeals wrote a letter to petitioner: a copy is attached as Exhibit B. 14. Thereupon petitioner filed a proposed site plan with respondent and after revisions were made following an informal con ference with the chairman of that board a pre-submission conference was held. 15. Subsequently. on July 25. 1983 the respondent adopted a resolut ion which was communicated to petitioner's attorney by a letter dated July 26. 1983. a copy of which is annexed as Exhibit C. 16. The use petitioner sought was yacht rental and marine brokerage. As Exhibit A shows petitioner enjoys over 186 feet of water- front. some 153 feet of which is substantially bulkheaded 17. Such use involves mooring sailing yachts to the bulkhead from time to time and the erection on the property of a small office and storage 9. . . building necessarily elevated to comply with federal flood plain area regulations. 18. Such use is not in any sense a generator of traffic or any other conditions significantly affecting the health, safety, welfare and morals of the people of Southold Town. It would be economically unfeasible to use the property for a permitted use without a special exception, but if such a use were engaged in it would doubtless have a far greater adverse effect than the requested use. 19. Under the circumstances the statute is unconstitutional as to petitioners property. 20. The determination of the respondent to disapprove the site plan drawn to its preliminary specifications was made in violation of lawful procedure, affected by error of law and was arbitrary, capricious and an abuse of discretion. WHEREFORE petitioner demands judgment direct ing respondent to approve petitioner's site plan, determining the unsonctitutionality of the statute as applied to petitioner's property and for such other, further or different relief as to the Court may seem just and proper. . Stanley S. Corwin, P. C. Attorney for Petitioner Office & P. O. Address 634 First Street, P. O. Box C @reenport, N. Y. 11944 516/477-0031 10. . .. . State of New York, County of Suffolk ss. : Kathrine Farr, being duly sworn, deposes and says that she is the petitioner in this proceeding, head read the foregoing petition and knows the contents thereof, that the same is true to deponent's knowledge except as to the matters therein stated to be alleged upo n information and belief and that as to those matters she believes it to be true. ---~~~--~~-------- STANLEY S. CCRWI~ NOTARY PUB!....IC, 5t::~.:' ':'f r<.o'IV York SuHolk Coun:y No. 5',~'5326..WI . I Term Expires Morch jO, 19'(;6(- . . ~ E' I. z. "=: $<00,.,., 'C"JO" //000' E. J .) ( I , , It?ory c: <":0". Os , r ~/ ../ -------- #4/1//74/1/SC/ ~ . ~ f , '::: , \ , AREA TO TIE LINES: 3,780 SQ. FT. SUrF. CO. TAX MAP' 015T. SECT. BlK LOT 1000 034 05 021 ELEVATIONS J.RE RE"EREIKEO TO APPRQXIMj,TE M" L :)ArUM <0"'86' 9J.t!/S 0./001') h'Orr. 's 5.34057'20 E. "..- 44.99' , , , , , I , , " I ,.' ~I I" I' ,.' " I~I ''', p,dINr I.IAIIKON ':;/ (l.ARGE CHi./NK OF f f CONC.qt:U , .. I SJ4D5720E. , I _____ i:.' ==- ~SET J" ~-."'i?i?OO''sO-::-1 T,E'"". '--___ JJ..r~' ~ "t.O...oS'.of.oo:---- -- -- .....O.4';N...... ~' k'?<1/oSJ'tO" N~ __ II' l:)(:) ----- ______ ~Ir) ",' ~ .~ i;! ~ t:l.--'j.1 AVENUE POUS . EL'.J6 / (i/lYPOlE r'E llNCS ,Cc.i1o .~~~ ." .~ i;! ~ STERLING U".'IT_'UOA\.T[U"OfllOllAOOllIOllfO TH'S SUIIVH IS. Y'OI."IO"Of S(CTlOfI 120'Of'TH[N(W'O"."4T((OUC.."OJol ". eOO"($ O' THIS SU"~EV III.~ Io()T IU"'''<1 T..( l""O 'U'h'00If5 '''.(0 S(A~ 011 ["'01$[0 n..< ,....lllWOl If CO"~'O(l'[D IOlr.V"llor"U(COPT llUU...H(S '''0<,''1(0 ~E"(O~ '''''u "UN 001" TO TM[ pt~SO" '011 "MO.. TME SlJllVl' "..III"uro,.....tlOIl"'SUMAL' to TMr "T..ICO....""'.6QVE....."U'Al A~U'C, A"O lE"O'''G II<STlTUTrO" llSHO ME"{O... ."0'0 TM{ Assr~NHS (]I tlOt ,,{NOIM ,NSTITUTlON GUA"""rHS A"l NO' 'U".'[AU,r te .~O'TJOUl '''~''Tull~''S 0- ~'JfI~E O<)_..T '....f.'. REVISIONS E! '0 < ,... /3216' - 11'000 N.'?S<''?8'40''W IIUt.IrJ,lC4D IJON SEr "OLC ;~-.7---- " V'l-g <> - - ~ 0.-0 -.;:)0. --.;. ~<> ~~ -.. <">0 0-" ~ - ~~ o ~ X 10 MON. FOt/ND 040' SW .~ 4t.ON~ .. 11(.""'/ .'- (.t.,,- .J/ 'OLE 90.0.9'-- j*''----- B4SIN 400 SURVEY fOR: KATHRINE. fARR AT GREENPORT GUARANTEEO TO: USUFE TITLE INSURANCE CO. OF N. '( TOWN OF SOUTHOLD SCALE: SUffOLK CO., N. Y. I'" 20' BT OATE' . ... ~ '\ c - " " . . To . NOTIC!! 01'" ENTRY Sir: _ Please take notice that the within is a (urti/itd) true copy of a . duly entered in the office of the clerk of the within named court on 19 , Dated, Yours. etc., STANLEY S. CORWIN, P. C. Attorneys for Office and Post Office AddTlu 634 First St., P. O. Box C GREEN PORT. NEW YORK 11944 Anorney(s) for ~ NOTICE 01'" 5ETTLI:MENT Si.r:-Please take norice that an order of which the within is 8 true copy will be presented for settlement 10 the Hon. one of the judges of the within named Court. at on the dJyof l>L 19 .ed, Yours, etc.) STANLEY S. CORWIN, P. C. AHorlleys for Office and POJt Of/ice Address . 634 First St. , P. O. Box C GREc.NPORT, NEW YORK 11944 , , To AnorneY(B) fOI Index No. 83-15414 STATE OF NEW YORK SUPREME COURT SUFFOLK COUNTY Year 19 KATHRINE FARR, Petitioner, against SOUTHOLD TOWN PLANNING BOARD NOTICE OF MOTION and PETITION STANLEY S. CORWIN, P. C. Auornt'ys for Petitioner OffiCI a"d Posl Office Address. Telephone 634 First St., P. O. Box C GREENPORT, NEW YORK 11944 516 I 477-0031 To Auorney(s) for Service of a copy of the within is hereby admitted. Dated, ._........._.._.__.._.....____....n..__....__.......__.._....._.... Attorney(s) for . . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 15161 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request DC-Light" District Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, be held in abeyance pending receipt of the fOllow- ing: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let your proposals. to call. us know when the Planning Board has acted upon If you have any questions, please don't hesitate Yours very truly, lk cc: Planning Board Building Department GERARD P. GOEHRINGER C~~. ~~~~retary l " ~', b >1 7S . . . T o Southold, N.Y. 11971 HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSIU. Jr. GEORGE RITCHIE LATHAM. Jr. WILUAM F. MULLEN. Jr. TELEPHONE 765-i938 July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25, 1983, the fOllowing action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. Very truly yours, HENRY E. SOUTHOLD RAYNOR, JR., CHAIRMAN TOWN PLANNING BOARD "" r..' ,\ ..l'I\.... ( , \ (Y.J'i 'N. .. I Secretary AC~. P L\\.A,ja By Susan E. Long, cc: Zoning Board of Appeals t,,~: b.'\ C . SHClR'"'r;ORM ORDER . . INDEX NO. 15414 19.!U . SUPREME COURT - STATE OF NEW YORK T>mlOX./SPECIAL TERM, PART I SUFFOLK COUNTY Present: Hon HARVEY W. SHERMAN MOTION DATE 9/26 8,489 8,490 1983 Justice MOTION NO. Petitioner, Pl;xe;:~PET'S A TTY: STANLEY S. CORWIN, P.C. 634 First Street, Box C Greenport, New York 11944 KATHRINE FARR, "against- Respondent. 51>P'JXS/RESP'S ATTY: RICHARD F. LARK, ESQ. Main Road, Box 973 Cutchogue, New York 11935 SOUTHOLD TOWN PLANNING BOARD, Upon the following papers numbered 1 to 17 ceedinq and to dismiss said proceedinq Notice of Motion/Order-to-Show-{;-anS1l and supporting papers 1-8: 12 and supporting papers ; Answering Affidavits and supporting papers Replying Affidavits and supporting papers Other 11 ; hetrMny- CCl'Ufnel-in- support -crt- ami- "Opposed ""to -t1nnncrtTan) it is, read on this mlXl:i:orK A r r i ,,1 p 78 pro- Notice of Cross Motion 9-10 13 -1 7 (anti-after ORDERED that this motion by respondent to dismiss this Article 78 petition because it is jurisdictionally defective, it seeks review of a non-final de- termination and it does not state a cause of action, is decided as follows: 5'"~~ Petitioner seeks to vacate a determination of the Southold Town Plannin ~~oard which disapproved her proposed site plan. Petitioner desires to estab ~ish a yacht rental and marine brokerage business on waterfront property in the Town of Southold. On April 14, 1983, petitioner applied for a building permit to construct an office and storage huilding. The application was den because petitioner was required to obtain a special exception from the Zonin' Board of Appeals. Upon application for the special exception, petitioner wa informed that she needed "written comments, recommendations or approval by t" Southold Town Planning Board concerning this site plan." Petitioner applied for the Town Planning Board approval which was denied at their regular meeti on July 25, 1983. Respondent argues that the petition is jurisdictionally defective becau, it was captioned notice of motion instead of notice of petition. The Court finds this mistake to constitute an irregularity to be disregarded. Respond, was properly served and notified. CPLR g2001. Respondent further argues that the petition should be dismissed because it is based on a non-final determination and that petitioner has additional; Dated: ---------------------- --------------------------- J. S. C. 31-158' "'/ ~/ '/ PAGE 2 . . FARR V. SOUTHOLD INDEX NO. MOTION NO. 83-15414 8,489 8,490 course under the zoning code. The zoning code of the Town of Southold clear requires site plan approval by the Town Planning Board prior to the issuance of a building permit by the building inspector (Code of the Town of Southold 5100-141 subd.C) or the granting of a special exception by the zoning board appejils (Code of the Town of Southold 5100-80). In addition, a building per may not issue until the board of appeals has granted the special exception. Code of Town of Southold 5100-141 subd.D. The procedures for site plan appro are set forth under 5100-133 of the Code. A pre-submission conference is to be held. Within 6 months after the conference, the site development plan is to DE ~llbmi tted lo the bui Iding inspect~or. The bUl] ding inspector is to cer tify whothor ur nut the plan meets the requrrements of the zoning ordinance. Seven days prior to the planning board meeting for approval of the plan, the building inspector is to transmit his certified site development plan to the planning board. The planning board must act to approve or disapprove within 90 days of its meeting and must submit written findings. The parties agree that a pre-submission conference was held on July II, 1983. However, without having received the certification from the building inspector as to whether the plan conformed to the zoning code, the planning board, at a regular meeting, disapproved the site plan and informed the peti tioner of the disapproval by letter dated July 26, 1983 which stated that the site was disapproved because of insufficient area. The notes of the board me ing for July 22, 1983 set forth in greater detail the reasons for disapproval The respondents maintain that this was an advisory opinion. However, al though the planning board decision was issued without complying with all the steps set forth in the zoning code, the Court finds that it purports to be a final decision. Any decision of the planning board is appealable by Article under Town Law 5274-a subd.3. Accordingly, this Court has jurisdiction. Finally, respondent argues that the petition fails to set forth sufficie allegations to state a cause of action. The Court disagrees. The petition apprises the respondent that the application of the statutory criteria for approval of the site plan has been arbitrar,ly applied in regard to the naLur of petitioner's property and its potential use. . The motion to dismiss is denied and respondent is directed to serve and file an answer within five days after service of the order with notice of ent The petitioner is directed to re-notice the matter for hearing upon two days' notice. Dated: September 28, 1983 #tttuyl:f~~~ . . RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 October 14, 1983 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 OCT 14 REC'O ATT: Henry E. Raynor, Jr., Chairman RE: Farr v. Southold Town Planning Board Dear Henry: I am enclosing a copy of the decision of Judge Sherman. After you have had a chance to review same, please give me a call. I still think we should have a meeting with the Chairman of the Board of Appeals to discuss the resolution of this matter. ver~ 00h IltfF. ~ RFL:bc Enclosure ":""~\b'\l '~3 ...SHORT FOAM-ORDER . . INDEX NO. 15414 19.!U SUPREME COURT - STATE OF NEW YORK 1'mX\X./SPECIAL TERM, PART I SUFFOLK COUNTY Present: Hon HARVEY W. SHERMAN Justice MOTION DATE 9/26 8,489 ~490 19 83 MOTION NO. Petitioner, P.!;XF.lVPET'S ATTY: STANLEY S. CORWIN, P.C. 634 First Street, Box C Greenport, New York 11944 KATHRINE FARR, . .against. SOUTH OLD TOWN PLANNING BOARD, Respondent. 1'lJ;:P:P<S/R ESP'S A TTY: RICHARD F. LARK, ESQ. Main Road, Box 973 Cutchogue, New York 11935 Upon the following papers numbered 1 to 17 ceedinq and to dismiss said proceedinq Notice of Motion/Order-to-Sltow-{:-m>se and supporting papers 1-8: 12 ; Notice of Cross Motion and supporting papers ; Answering Affidavits and supporting papers 9-10 Replying Affidavits and supporting papers ___ , Other 11: 13-17 ; (ami-after heltring- coumef -in-support-of- am!- uppasect -to -the -motion) it is, read on this lJfor:tiorK I\rtirlp 7R pro- ORDERED that this motion by respondent to dismiss this Article 78 petition because it is jurisdictionally defective, it seeks review of a non-final de- termination and it does not state a cause of action, is decided as follows: Petitioner seeks to vacate a determination of the Southold Town Planning Board which disapproved her proposed site plan. Petitioner desires to estab- lish a yacht rental and marine brokerage business on waterfront property in the Town of Southold. On April 14, 1983, petitioner applied for a building permit to construct an office and storage building. The application was deni( because petitioner was required to obtain a special exception from the Zoning Board of Appeals. Upon application for the special exception, petitioner was informed that she needed "written comments, recommendations or approval by th, Southold Town Planning Board concerning this site plan." Petitioner applied for the Town Planning Board approval which was denied at their regular meetin( on July 25, 1983. Respondent argues that the petition is jurisdictionally defective because it was captioned notice of motion instead of notice of petition. The Court finds this mistake to constitute an irregularity to be disregarded. Responder was properly served and notified. CPLR ~200l. Respondent further argues that the petition should be dismissed because it is based on a non-final determination and that petitioner has additional r( Dated: ---------------------- J. S. C. ~, p::.p- , . . . PAGE 2 FARR V. SOUTHOLD INDEX NO. MOTION NO. 83-15414 8,489 8,490 course under the zoning code. The zoning code of the Town of Southold clearly requires site plan approval by the Town Planning Board prior to the issuance of a building permit by the building inspector (Code of the Town of Southold, ~100-141 subd.C) or the granting of a special exception by the zoning board of appepls (Code of the Town of Southold ~100-80). In addition, a building permi may not issue until the board of appeals has granted the special exception. Code of Town of Southold ~100-141 subd.D. The procedures for site plan approv are set forth under ~100-133 of the Code. A pre-submission conference is to be held. Within 6 months after the conference, the site development plan is to be submitted to the building inspector. The building inspector is to cer- tify whether or not the pI an me',t~: the reql1 i rcmcnts of t.ne zc,n -j n9 ordin<111ce. Seven cJays 1-Jrior t_o the planning Lfoard meeting for approval of the plan, the building inspector is to transmit his certified site development plan to the planning board. The planning board must act to approve or disapprove within 90 days of its meeting and must submit written findings. The parties agree that a pre-submission conference was held on July 11, 1983. However, without having received the certification from the building inspector as to whether the plan conformed to the zoning code, the planning board, at a regular meeting, disapproved the site plan and informed the peti- tioner of the disapproval by letter dated July 26, 1983 which stated that the site was disapproved because of insufficient area. The notes of the board mee ing for July 22, 1983 set forth in greater detail the reasons for disapproval. The respondents maintain that this was an advisory opinion. However, al- though the planning board decision was issued without complying with all the steps set forth in the zoning code, the Court finds that it purports to be a final decision. Any decision of the planning board is appealable by Article 7 under Town Law ~274-a subd.3. Accordingly, this Court has jurisdiction. Finally, respondent argues that the petition fails to set forth sufficien allegations to state a cause of action. The Court disagrees. The petition apprises the respondent that the application of the statutory criteria for approval of the site plan has been arbitrarily applied in regard to the nature of petitioner's property and its potential use. . The motion to dismiss is denied and respondent is directed to serve and file an answer within five days after service of the order with notice of entr' The petitioner is directed to re-notice the matter for hearing upon two days' notice. Dated: September 28, 1983 Jitttup/~f:~~ ~ c" t/\ }<:] \\\ . RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 . NOV 9 REC'O November 4, 1983 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman RE: "Farr v. Southold Town Planning Board" Article 78 proceeding Dear Mr. Raynor: In connection with the above-captioned matter, I am enclosing my statement for services rendered together with a Town of Southold voucher for the period from August 19, 1983 to October 30, 1983, which I hope you find reasonable. If all is in order, would you kindly present same to the Board for payment. Richard F. RFL:bc Enclosures . . RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD _ P. O. BOX 973 CUTCHOGUE. NEW YORK 1183B NQV ::J REcta TELEPHONE !lIS 734.6807 October 31, 1983 Southo1d Town Planning Board 53095 Main Road - Town Hall Southo1d, New York 11971 ATT: Henry E. Raynor, Jr., Chairman Professional services rendered in connection with the representation of the Southo1d Town Planning Board in the Article 78 proceeding entitled "Kathrine Farr, Petitioner, against Southo1d Town Planning Board, Respondent" Supreme Court, County of Suffolk, Index No. 15414 including the following: Review of Notice of Motion and Petition with Exhibits dated August 20, 1983; Review of Southold Town Planning Board and Zoning Board of Appeals records; Preparation of Certified Transcript of Record of Proceedings Kathrine Farr Site Plan Application; Preparation of Notice of Motion to Dismiss petition and Affidavit of Richard F. Lark in Support of Motion dated September 7, 1983; Review of petitioner's Memorandum of Law on Respondent's Cross- Motion to Dismiss and Affirmation to Cross-Motion to Dismiss submitted on September 24, 1983, by Stanley S. Corwin, Attorney for Petitioner; Review of Decision of Acting Supreme Court Judge Harvey W. Sherman dated September 28, 1983, denying the Planning Board's motion to dismiss the action; preparation of Answer with Objection in Law verified by Henry E. Raynor, Jr., on October 24, 1983; Office conferences, telephone calls and correspondence with Henry E. Raynor, Jr., Chairman, Southo1d Town Planning Board. Amount of time expended on above matter from August 19, 1983 to October 30, 1983: 16-1/4 hours. $1,460.00 . . RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD. P. O. BOX 973 CUTCHOGUE. NEW YORK 11938 TELEPHONE !:sIts 734_6807 October 24, 1983 Clerk of Supreme Court Special Term, Part I Griffing Avenue Riverhead, New York 11901 RE: Kathrine Farr v. Southold Town Planninq board - Index No. 15414 Dear Sir: In connection with the above-captioned matter, I am enclosing original Answer verified by the Chairman of the Southold Town Planning Board with Affidavit of Service by Mail on the attorney for the Petitioner. v~rY t ly yours, /c ~~ ~/~ R chard F. ~ - -, RFL:bc Enclosure j cc: Southold Town Planning Board -<t>'~ .1'7 lC \~. ),' it , /: ' )'"1 " . . II 'I I :1 p i: q I' II q II Ii ,I II 11 I SUPREME COURT : STATE OF NEW YORK COUNTY OF SUFFOLK -x KATHRINE FARR, Petitioner, ANSWER against INDEX NO. 83-15414 SOUTHOLD TOWN PLANNING BOARD, Respondent. - - - - - - -x 'I II il I, Respondent, SOUTHOLD TOWN PLANNING BOARD, by its attorney, RICHARD F. LARK, as and for its answer to the petition alleges: 1. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 1 of the petition, except admits petitioner is an owner of a parcel of vacant property on the west side of Manhanset Avenue at Greenport Town of Southold, New York. 2. Denies each and every allegation contained in paragraphs 2, 3, 18, 19 and 20 of the petition. 3. Denies that the quoted provisions of Chapter 100 of the Code of the Town of Southold as contained in paragraphs 7, 8, 9, 10, and 11 of the petition are correct and refers to the cer- tified copy of the "Southold Town Zoning Code", which is attached i as Exhibit 1 to the certified Transcript of Record of Proceedings II Ii Ii 4. Denies each and every allegation contained in paragraph 16 of the petition, except admits the uses petitioner sought for her property were yacht and marine brokerage. . . 5. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 17 of the petition. AS AND FOR A COMPLETE FIRST AFFIRMATIVE DEFENSE, RESPONDENT ALLEGES: 6. The proceeding before this Court is jurisdictionally defective. AS AND FOR A COMPLETE SECOND AFFIRMATIVE DEFENSE, RESPONDENT ALLEGES: 7. The petition fails to state facts sufficient to consti- tute a cause of action against respondent. , q I: ii I I I I I , " OBJECTIONS IN POINT OF LAW The respondent herein objects in point of law to the petition herein upon the following grounds: 1. The survey attached to the petition as Exhibit A is not , 1 I I I I , I II II I a correct survey of the petitioner's property as alleged in paragraph 3 of the petition. Petitioner's property is described in a deed dated December 11, 1981 and recorded in the Suffolk County Clerk's Office in Liber 9152, page 392, a copy of which is attached hereto as Exhibit I; and is shown on a survey by Roderick Van Tuyl, P.C., dated April 2, 1982, a copy of which is attached hereto as Exhibit II. I I I Ii 'I I, II II Ii 2. The denial by respondent at the presubmission stage of the site plan proceedings under Section SlOO-133 of the Zoning . . Code was not final and therefore petitioner's commencement of this Article 78 proceeding is premature. WHEREFORE, respondent demands judgment dismissing the peti- tion, together with the costs and disbursements of this action. RICHARD F. LARK, ESQ. Attorney for Respondent Main Road - P. O. Box 973 Cutchogue, NY 11935 (516) 734-6807 TO: STANLEY S. CORWIN, P.C. Attorney for Petitioner 634 First Street - P. O. Box C Greenport, NY 11944 (516) 477-0031 , . . - . . CERTIFIED TRANSCRIPT OF RECORD OF PROCEEDINGS KATHRINE FARR SITE PLAN APPLICATION STATE OF NEW YORK: COUNTY OF SUFFOLK: : ss.: SUSAN E. LONG, being dUly sworn, deposes and says: 1. I am the Secretary of the Planning Board Town of 'Southold, and in that capacity am the custodian of all records, I 'papers, exhibits of the Planning Board and of their minutes. Attached hereto are the documents regarding the application of Kathrine Farr which are as follows: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Certified Copy Zoning Code of the Town of Southold Chapter 100. Secretary notes, Diary of Site Plan Application - Kathrine Farr. Extract of minutes of Planning Board meetings on July 11, 1983, and July 25, 1983, Kathrine Farr Site Plan. Board notes of discussion of site inspection on July 22, 1983, regarding Kathrine Farr. Application for Building Permit dated April 14, 1983 (Kathrine Farr). Notice of Disapproval dated April 14, 1983, Edward Hindermann, Building Inspector, of Kathri~e Farr Building Permit Application. Application for Special Exception to Zoning Board of Appeals by Kathrine Farr dated April 14, 1983 (Application No. 3117). Appeal from Decision of Building Inspector to Zoning Board of Appeals (Appeal No. 3118) variance application dated April 14, 1983. . Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: . . Letter to Kathrine Farr from Southo1d Town Board of Appeals dated April 29, 1983, reference Board of Appeals meeting of April 20, 1983. SITE PLAN for Kathrine Farr, revised May 23, 1983, by Young & Young; FARR PARKING PLAN "A"; Farr Parking Detail Plan liB". Transcript of presubmission Con- ference Kathrine Farr with Southo1d Town Planning Board dated July 1, 1983. Letter from Southo1d Town Planning Board to Stanley Corwin dated July 26, 1983, reference Planning Board meeting July 25, 1983. Letter of Southo1d Town Board of Appeals to Stanley Corwin dated August 18, 1983. Exhibit 14: Correspondence received subsequent to August 23, 1983: Exhibit 15: Exhibit 16: Exhibit 17: Letter to Kathrine Farr from Southo1d Town Board of Appeals dated June 21, 1983, reference Board of Appeals Meeting June 14, 1983. Letter from Kathrine Farr to Southo1d Town Board of Appeals dated June 24, 1983. Letter to Kathrine Farr from Southo1d Town Board of Appeals dated July 5, 1983, reference Board of Appeals meeting June 30, 1983. Letter from Stanley Corwin to Southo1d Town Board of Appeals dated July 21, 1983. I hereby certify that the foregoing constitute all the relevant papers filed with respect to this application, and that -2- . . . . . in cases where minutes have been extracted, the extract of the minutes are in all respects true and correct reproductions of the original minutes. ,Sworn to before me this 7th day of September, 1983. .~~L~ . Notary Public BABETTE COR NINE NOTARY PUBLIC, Slate of New York Suffolk County No. 52-5792800 ft./ Commission Expire, March 30, 19_{ -3- State of New York Suffolk County Office of the Clerk of the Town of Southold (Seal) ~',.~'~~.'. . V" This ",."". '_.'.' 0...'..-:-.,.........:;;. -,- .~. ,--. - .f: i.~.'t~' :~r:;f~..;~~~ I, J~~it; T. Terry, To~.~.frk of the Town of Sauthold in the said County of Suffolk, have compared the foregoing copy of ss: G.J:l.av.t ~.:r.. . 10, Q..... ZQ))'.:i.)).g, ~...Q;e...j;M.. .,S,Qll. thD.ld ..T.Qwll...C.ude........... with the original new an file in this office, and that the same is a correct and true transcript of such original .C.hiJ.Il:t."J:..J.0.Q.,...Z9.ui.ug.....9.:J:...tlW S.Qll.tb.Ql.d..T.Qw.u..C.Qd.e~................................... and the whale thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this ....7.j;))...................... do of .S.ell.t.\'lmb~;r.......... 1983.... . ---" ~ . ..Af....~..~ Town Clerk of the Town of Southo ,Countv of Suffolk, N. Y. V' r ~.s6 ZONING Chapter 100 " f . , . From the CODE of the Town of SOUTHOLD .. I .i,:, "" j"~'-~ .. GENERAL CODE PUBLISHERS CORP. EXHIBIT .? \ q ( ( ~ .... : ..... (Please Use this Form for Filing your Local Law with~lhe Secretary of Stale' Text of law should he given as amended. Do not include malter being elimin;J(cd and do not use italics or unJl,lrlining to indicate new matter. KOuXCf: ~~n oC ..............~.?~~h..?!.(j........................................................................................... ltma~ 7 83 Local Law No. .......................................................... oC tbe year 19 ............ A local law ....~~..~.~~.~.~...~~~...~.~.~~..~.~~..~~.~~.!~~..~.~.~~.(j.~!.~..~.!...!.h..~...~!?!:l.!!:Ig..<::~~.l!.................................. (luon lid.) Town Board C I Be it enacted by the .......................................................................................................................................... 0 t '" (N... 01 Leai.lad.. Bod,) CSmm ~ oC ...........~.~~~~~.'.~................................................................................................................................ as Collows: x'N"~ Section 1. The "Bulk and Parking Schedule" applicable to the A Residential and Agricultural Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE A Residence District Minimum Requirements Single- Family Dwelling Two- Family Dwelling Total lot area (sq. ft.) Lot width (ft.) Lot depth (ft.) Front 'yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq. ft.) per dwelling unit Off-street parking spaces per dwelling unit 80,000 200 400 50 30 50 75 160,000 270 400 50 30 50 75 850 850 2 3 Maximum Permilled Lot coverage (percent) Building height: 20 20 _ Number of stories Feet 2-1/2 35 2-1/2 35 Section 2. This Local Law shall take effect Immediately. (If addirional s ace is needed lease attach sheers of the same size as this and number each) Paae 1 ( ( (Compll'lt' lh.' 4.t~rliri('alion in llu~ (lara~raph whit.h aflpli('~ tn dw fdilll!; of lhi~ local la\\' and ;:,trd~(~ .,ul tIll" lIIaUer tllen'in ,\hie" b not ap(llieahl1~.) 1. (Final wlnplion h) In('allc~islati\'e lwdy only.) I hpwby cprtify thnt the local law annexed hprcto, llpsigllal,~J as local law Nu. ........J'........o[ 19...8.3 ,tlt'JI>;<!>'Ix f I j(:i.!l/ f S h ld o t 1<' '1' o. out.a ..... own x'94t<bo 1(1)( on ......May.16...... 19 .83.. .. was duly passed by the ......Town.Board... . (NilLllt' Ilf I.el(illlativf! Hody) in accordnnce with the npplicnble provisions of Inw. 2. (l'a~~a~" hy local legiblative hody with approval or no disllpprovallJy Elective Chief Executive Offieer,* or repassa~c after disapproval.) I hNt'by cf'ftify that tht' local law annexed berNo, designatedns local law No.. ..................of 19........ of the County City f Town 0 Villa~c ........... was duly passed by the ........ (Nllllltl uf Legililativf! Body) ........................................ on ...... not disapproved ............19........ and was approved by the .............................................. repassed lifter disapproval Elective Chief EXolcutive OIfiCd 'It and wos deemed duly odopted on ............................_...... ..................19........ , In accordance with the applicable provisions of law. 3. (Final aduption hy referendum.) I hen.by certify that the local law annexed hereto, designated as local law No. .... County of the (1:1,',lwY'1 of ...................................... was duly passed by the ........... ..................................... . ...................... (Nullle of L,,~ialltltive UoJy) Village of 19........._ on.. not disapproved ..........19........ and was approved by the. ............................................ repassed after disappruval Elective Chief ~~xec\ltive Officer 'It ..........19........ Such local lnw was submitted to the people by reo son of a on. mandatory . d I . . reteren Um,<HH received t1H~ nffirmative vot(' of a majority of th(' qualifipd electors \"oting perlJ1lSSIVt' general therE'nn at t11f' spf'cial election held 011........... annunl cable provisions of law. 19 ..... , in acrordnnce with t\w <lppli- 4. (Subject to refCrt'uoum. ) permb:-oive referendum, and final adu'ption uccumse no valid petition filed requesting . I hen.by ,,"'tify that the local law annexed he,'cto, designated as Iocnllaw No. .................. of 19.......... of the (~Olllltv Ci ty . f TO\\'lI (I Village ...................... was duly passed by the ............................,.... .................on (NlIme of Legi!:ltolliv.' BOlly) ., not disapproved and-.was approvC'd by tilt' . . . .. .............. repassed aftPr disapproval FICI"tivI' Chi,.l ~:~e<-utjv," 1l1i..." 'It ............. ....L9....... lSuch local law being sulJject to <1 permissive rpft'rf'llfllllll :-loti 110 v;llil!I"',it;1l1l ff'(jll('stillg sue-h reft'l'endulll having lIef:n fjlt~d, said lUCid 1:1\\ was dt','nH'd ,!lily I1dl'IIII'd till .....................19,.. "in accordance with the npplirnlJlt' prnvisitllls of Inw. .....nn .......... 19 *Eledive Chief Executive Officer means or includes tbe chief txtcutive officer of a county elech:d on a count)'~widc buis or, if there be none, the chairman of the county ......tiYe body, the mayor of a city or viUage or the lupervillOr of · town, where such offICer is vested with power to approve or veto local laws or ordinances. Page 2 -- ..o'''''-,..._.<~-,--...~.^"'-_._.._.,._.,~<_.,. - , . ... ,. ( ( A -" 5. (Cil) local LJ.l\' concerninc: Charter rt.\ i.:-ilUIl pruposed hy petition.) 111t'l'l'lJ) Cl'dil\ r:l;"l, tll,.lo. ;,: : 1\\ .:.111 xfl,1 !H'j'Pto, dp'.;igrl<ltPd as 10('<11 la\", No. ... .......... of 19........ of th,' City of .. fno. pro\'ISlon.'i u 9 37 oj [II, )1<1\ \Ilg heen .sllbmittt~d to referendum pursuant to the ,\;ullilil"d II, ,diP Hull~ I.i1W, and l.,H'iIlA I'('cpiveu tht' affirmiltivr vote of a majority of th" qualified electors of such city ................19............ became operative. . h' h special I . h Id ',otwO't creon at tel e ectlon e on .................................. b generil 6. (County local law concerning adoption of Charter.) I hereby certify that the local Liw annexed hereto. designated as Local Law No. ...... of 19...... of the County of ......................................... State of New York. havillg been submitted to the Electors at the General Election of Novomber ........... 19........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal 1I0me Rule Law. alld having re(~ived the aflirmatiw vote of a majority of the qualified electors of the cities of said county as a unit and of a Illajority of the qualified electors of the towns of said county considcr~d as a unit voting at said general election, became operative. (If any other authorized form o{ final adoption has heen (lJllowed, please provide an appropriate eerti (ieation.) .... [funher certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law. and was finally adopted in the manner indicated in paragraph .......!.................... above, <c~ -. Qetkof the County legislative body, City. Town illage Clerk or officer designated by local legislative body ~~'" Date: May 17, 1983 Judith T. Terry Town Clerk (Seal) ,\ \ (Certification to he executed by Coanty Attorney, Corporation Counsel. Town Attorney, Village Attorney or otber authorized Attorney o{ locality.) ,. ST A TE OF NEW YOHK COUNTY OF .....SUF.F.Ol.K.......................... I. the undersigned, hereby certify that the foregoin~ local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .....~/a'.~..... Sian_tun: . .~??~.r~.I:":. !,a.s!<.e.r.,. :':'!"Y!'. ~.t~?~,:,~y. .. . - TIUe Date: May 17, 1983 County City of Town Village ................................................................ Page 3 ., " " " .- .' (Pltase Use Ihis Form for Filing your Local Law with Iho SocrelllfY of Sluto) Text uf law ShllUIJ be given as amende..!. Do not include matter being eliminated and l.hllhlt use italics or underlining to indicate.: new matter. ~ ~llro:)XX ,GiT'~x of Southold ....................................................................................... own ..................................... x'tillJi1l.'l< 9 . 83' Local Law No. .......................................................... of the year 19 -.......... A local law .....t9...~.m ~.!).g.. (;.b.<\p.~l:r...J..Q.O'..ll,Qnio.g.). ..in..r..elatian..1c..Ar.ea..and..Y. ard. .R.eg ulation... ...... 0..... lill.) . Be it enacted by the .........'!.~.~.~...~.~!:I.:.9........................................~............................................................. of the . (,.... .. Lat:~.lIll.19. u.4,) >GaaxbJ ~= of ..................~.<?!:I.~.!:'!?!.~......................................................................................................................... as follows: x>>'JiU. ----- __. Chapter j 00 of the Southold Town Code is hereby amended as follows: I. Section 100-31 there~f is hereby amended to read as follows: Section 100-31 - Bulk and Parking Requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District unless the same conforms to the f(,lIowing Bulk and Parking requirements, to wit: A. I n the cuse of a lot held in single and separate ownership prior to NovLmber 23, 1971 and thereafter, with an area of less than forty thousand (40,000 sq.ft.) square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column A of the Bulk and Parking Schedule incorportaed into this chaptet' are complied with. The Bulk and Parking set forth in Column incorporatC'd into this requirements for single family dwellings as A-40 of the Bulk and_ Parking Schedule chapter shall apply to the following lots, to B. wi' . .. ( I) All lots shown on Major and Minor subdivision maps which were granted final approval by the Planning Board subsequent to November 23. 1971 and prior to May 20, 1983. (2) All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for .'preliminary map ,.;proval prior to May 20, 1983. JI="(1f addj(wnaI space is n~eded, please attach sheers of rhe same !Ioize as this and nun/ber each)~ Page 1 .. . (J) All lots shown on Minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots setoff or created by app.-oval of the Planning Board subsequent to November 23, 1971 and prior to May 20, 1983. C. The Bulk and Parking requirements for single family dwellings set forth in Column A- 80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on Minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for prelimina,'y map approval on or after May 20, 1983. , (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. D. The Bulk and Parking requirements for fonh in Column A- 1 60 of the Bulk inco,'porated into this chapter shall apply wit: (1) All I,ts shown On Minor subdivision maps which have been granted sketch plan approval by the Planning Board on or aft".. May 20, 1983. (2) All lots shown on Majce subdivi~ion maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. two family dwellings set and Parking Schedule to the following lots, to II. Section 100-34 thereof is repealed. -2- c . . _4 _..' III. The "Bulk and Parking S<.:hcdule" Agricultural Districts is amended applicable to the "A" Residential and to read as follows, to wit: Minimum Requirements Total lot area (sq.ft.l Lot widlh (ft.) Lot depth (ft.) Front yard (ft.) One side yard (f .) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq. ft. per dwelling unit Off-street parking spaces per dwelling unit Maximum Permitted Lot coverage (percent) Building l.~i9ht Number of stories Feet BULK AND PARKING SCHEDULE A RESIDENCE DISTRICT SINGLE FAMILY DWELLINGS TWO FAMILY DWELLI NGS . A A-40 A-80 A-160 4U,OOO 80,oon 160,000 150 175 270 175 250 400 35 50 60 60 , 10 15 20 30 25 35 45 50 35 50 75 75 850 850 850 850 2 2 2 3 20 20 20 20 2' , 2~ 2} 2' , 35 35 35 35 IV. This Local Law shall take effect immediately. -3- . . ZONING Chapter 100 From the CODE of the TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK [Printed as last amended 4.11.78 hy L.L. No. 2.1978. Consult muncipsl records for possible amendments adopted thereafter.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1982 ZONING Chapter 100 ZONING . ARTICLE I General Provisions ~ 100.9. Title. ~ 100.10. Purposes. ~ 100.11. Conflicts. ~ 100.12. Exceptions. ~ 100.13. Definitions. ARTICLE II Districts ~ 100.20. District designations. ~ 100.21. Zoning Map. ~ 100.22. District boundaries. ~ 100.23. Effect of establishment of districts. ARTICLE 111 A Residential and Agricultural District . ~ 100.30. Use regulations. ~ 100.31. Bulk, area and parking requirements. ~ 100.32. Accessory buildings. ~ 100.33. Established front yard setback. ~ 100.34. Substandard lots. ~~ 100.35 through 100.36. (Reserved) 10001 4.25-83 SOUTH OLD CODE ARTICLE IV M Light M uItiple- Residence District ~ 100-40. Use regulations. ~ 100-41. Bulk, area and parking requirements. ~ 100-42. Livahle floor area. ARTICLE V M-l General Multiple-Residence District ~ 100.50. Use regulations. ~ 100-51. Bulk, area and parking requirements. ~ 100.52. Building length and separation. ~ 100-53. Livable floor area. ARTICLE VI B Light Business District ~ 100-60. Use regulations. ~ 100-61. Bulk, area and parking requirements. ~ 100-62. Retail shopping centers. ~ 100-63. Uses confined to enclosed buildings. ARTICLE VII B-1 General Business District ~ 100-70. Use regulations. ~ 100-71. Bulk, area and parking requirements. ARTICLE VIII C Light Industrial District ~ 100-80. Use regulations. ~ 100-81. Bulk, area and parking requirements. 10002 (-25-83 ZONING . ARTICLE IX C- I General Industrial District ~ 100-90. Use regulations. ~ 100-91. Special exception uses; site plan approval. ~ 100-92. Signs. ~ 100-93. Bulk, area and parking requirements. ARTICLE X Tourist Camps, Camp Cottages and Trailers ~ 100-100. Permits required. ~ 100-101. Automobile trailers or bouse cars. ~ 100-102. Exemptions. . ARTICLE XI General Regulations ~ 100-110. Signs. ~ 100-111. Continuation of existing signs. ~ 100-112. Off-street parking areas. ~ 100-113. Off-street loading areas. ~ 100-114. Prohibited uses in all districts. ~ 100-115. Junkyards. ~ 100-116. Dwelling unit density. ~ 100-117. Hotel and motel unit density. ~ 100-118. Nonconforming uses. ~ 100-119. Corner lots. ~ 100.119.1. Fences, walls and hedges. ARTICLE XII Board of Appeals ~ 100-120. Appointment; membership. 10003 4-25-83 SOUTH OLD CODE ~ 100-121. Powers and duties. ~ 100-122. Additional conditions and safeguards. ~ 100-123. Rules of conduct and procedure. ~ 100-124. Fees. ~ 100-125. Notice of bearing. ARTICLE X11I Site Plan Approval ~ 100-130. General requirement. ~ 100-131. Objectives. ~ 100-132. Effect of approval. ~ 100-133. Procedure. ~ 100-134. Site development plan elements. ~ 100-135. Fees. ~ 100-136. Cluster development. ARTICLE XIV Administration and Enforcement ~ 100-140. Administrative and enforcing officer. ~ 100-141. Building permits. ~ 100-142. Revocation of permit. ~ 100-143. Stop orders. ~ 100-144. Certificates of occupancy. ~ 100-145. Penalties for offenses. ~ 100-146. Remedies. ARTICLE XV Amendments ~ 100-150. Procedures. ~ 100-151. Fees. 10004 4-25-83 . . ~ 100-9 ZONING ~ 100-10 ~ 100.152. Notice of proposed change of zone classification. 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 11.23-71. Sections 100-13, 100-20G. 1oo.30B(7)(al. 100.30B(9)(a), 100-30C. 100-70A(11. 100-90A(22), 100.121C(2)(il. 100.141J(51. 100.144B and 100-145 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where ap- plicable.] GENERAL REFERENCES Housing - See Ch. 52. Subdivision of la.nd - See Ch. AIDe. 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 cited as the "Southold Town Zoning Code." ~ 100.10. Purposes. There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety and welfare. shall be deemed to specifically include the following, among others: A. The facilitation of the efficient and adequate provision of public facilities and services. B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. 10005 4-20-83 ~ 100.10 SOUTH OLD CODE ~ 100-12 D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation 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 Southold as a whole. H. The encouragement of flexibility 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 natural and scenic qualities of open lands. I. The fostering and protection of 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 therefor. [Added 2.1.83 by L.L. No. 2.1983] fi 100.11. Conflicts. A. Where a provision of this chapter conflicts with 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 standard shall govern. B. Where the provisions of this chapter conflict with or im- pose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern. ~ 100-12. Exceptions. lAmended 10.30-73 by L.L. No. 5-1973] All of the lots on the following subdivision maps shall be ex- cepted from the lot area and lot width requirements of this 10006 4-25-83 ~ 100-12 ZONING ~ 100-13 . chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.!. Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section III; Harvest Homes, Section I; Bayview Woods Estates; Willow Point: Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; High- wood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section I; Peconic Homes, Section II; Peconic Bay Oaks; Laurel Country Estates; Orient-by-The-Sea, Section II; Cleaves Point, Section I II. . ~ 100-13. Definitions. [Amended 7-31-73] A. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a cor- poration as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be oc- cupied or used." B. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated: ACCESSORY - A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. 10007 4-25.83 ~ 100-13 SOUTH OLD CODE ~ 100-13 ALTERATION - As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another. [Added 2.1.83 by L.L. No. 2-1983] BASEMENT - A story of a building, partly below the finished grade level, which has more than one.half (\12) of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building. [Amended 2-1-83 by L.L. No. 2-1983] BILLBOARD - A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. BOARDlNG- AND TOURIST HOUSES - A building, other than a hotel, where lodging, with or without meals, for five (5) or more persons is furnished for compensation. BUILDING - Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present. The term "building" shall include the term "structure," as well as the following: (11 Signs. 12) Fences. (3) Walls, other than retaining walls projecting aove the ground not more than three (3) feet at the higher ground level and not more than six and one-half (6V,) feet at the lower ground level. 141 Radio and television receiving and transmitting towers and antennae, except for such antennae in- stalled on the roof of a building and extending not 10008 4.25.83 ~ 100-13 ZONING ~ 100-13 . more than twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. BUILDING AREA - [Added 2-1-83 by L.L. No. 2-1983] The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. (1) The term "building area" shall include the following: (a) Balconies. (bl Terraces, patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. (2) The term "building area" shall exclude the following: (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than twenty-eight (28) inches from exterior walls. (b) Steps and open porches, projecting not more than five (5) feet from exterior walls and having an area of not more than thirty (30) square feet. (c) First-story bay windows projecting not more than three (3) feet from exterior walls and exterior cellar doors projecting not more than six (6) feet from exterior walls. . CELLAR - Any space in a building, partly below the finished grade level, which has more than one-half (Yo) of its height, measured from floor to ceiling, below the average established curb level or finished grade of the land immediately adjacent to the building. [Amended 2-1-83 by L.L. No. 2-1983] CONDOMINIUM - A building or buildings, the dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his 10009 4-25-83 ~ 100.13 SOUTH OLD CODE ~ 100.13 dwelling 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 walls of a building. COURT, OUTER, DEPTH OF - The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, WIDTH OF - The linear dimension of the unenclosed side of the court. CURB LEVEL - The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. DWELLING, MULTIPLE - A building or portion thereof containing three (3) or more dwelling units. DWELLING, ONE.FAMILY - A detached building containing one (11 dwelling unit only. DWELLING, ROW OR ATTACHED - A one.family dwelling with two (2) common or party wails separating it from adjacent units on both sides. DWELLING, SEMIDETACHED - A one. family dwelling with one (1) wail in common with an adjacent dwelling. DWELLING, TWO.FAMILY - A detached building containing two (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 premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A 10010 4-25-83 ~ 100-13 ZONING ~ 100-13 house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit." . FAMILY - One (1) or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five (5) persons, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered to constitute a "family." FLOOR AREA - The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six (6) feet, measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, including cellar and basement areas. [Amended 2-1-83 by L.L. No. 2-1983] FLOOR AREA, LIVABLE - All spaces within the ex- terior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10%) of the square foot area of the room. "Usable floor area" shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space. [Amended 2-1-83 by L.L. No. 2-1983] FLOOR AREA RATIO - The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. . GARAGE, PRIVATE - A building used for the storage of one (1) or more gasoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which 10011 4-2:1-83 Ii 100-13 SOUTHOLD CODE Ii 100-13 the gaz:age is erected and for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by others. GARAGE, PUBLIC - A building, other than a private garage, used for housing or care of gasoline or other power- driven vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. HEIGHT - The vertical distance measured from the average elevation of the finished grade of the land im- mediately adjacent to the building to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge for other types of roofs. [Amended 2-1-83 by L.L. No. 2-1983] HOME OCCUPATION - This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations," including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. [Amended 2-1- 83 by L.L. No. 2.1983] HOTEL - A building occupied as the more or less tem- porary abiding place of individuals, who are lodging with or without meals, in which there are more than ten (10) rooms usually occupied singly and in which no provision is made for cooking in any room or individual apartment. JUNKY ARD - Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, 10012 4-25-83 S 100-13 ZONING S 100-13 . equipment or machinery as may be sold as and for junk or salvage.' LOT - Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. LOT, CORNER - A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees (1350). A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five degrees (1350). LOT COVERAGE - That percentage of the lot area covered by the building area. [Added 2-1.83 by L.L. No. 2- 1983] LOT DEPTH - The minimum distance from the street line of the lot to the rear lot line of such lot. LOT LINE - Any boundary of a lot other than a street line. LOT LINE, REAR - The lot line generally opposite to the street line; if the "rear lot line" is less than ten (10) feet in length, or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line, not less than ten (10) feet long, lying farthest from the front lot line and parallel to the front lot line. LOT WIDTH - The average distance between side lot lines, taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street. MAIN FLOOR - The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the huilding. I Editor's Note: See alllo Ch. lK. Junkyardll. . 10013 4.25-83 ~ 100-13 SOUTHOLD CODE ~ 100-13 MANUF ACTURING - Any process whereby the nature, size or shape of articles or raw materials is changed, or w here articles are assembled or packaged. MARINA or BOAT BASIN - Any premises containing one (1) or more piers. wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used primarily for the docking or mooring of boats, for or without compensation. MOTEL - A building containing guest rooms, each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. NONCONFORMING USE - Any use, whether of a building or tract of land, or both, existing on the effective date of this chapter, which does not conform to the use regulations of the district in which it is located. PARTIAL SELF-SERVICE GASOLINE SERVICE STATION - A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline 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 qualified attendant operating dispensing equipment at all other pump islands. [Added 4-11-78 by L.L. No. 2-1978] PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. PUBLIC WATER: PUBLIC SEWER - Communal sewage disposal systems and communal water supply systems approved by public agencies having jurisdiction thereof. [Amended 10-26-76 by L.L. No. 5-1976] 10014 4-25-83 ~ 100-13 ZONING ~ 100-13 . SIGN - Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shaU 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 tube, string of lights or similar device outlining 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 any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are "signs" which are solely devoted to prohibiting trespassing, hunting or fishing. SIGN AREA - Includes all faces of a sign, measured as foUows: (1) When such sign is on a plate or framed or outlined, aU of the area of such plate or the area enclosed by such frame or outline shall be included. (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be enscribed. STORY - That part of any building, exclusive of ceUars bu t 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 higherfinished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF - Any space, with a minimum clear height of five (5) feet, partially within the roof framing where the clear height of not more than fifty percent (50%) of such space between the top of the floor beams and the . 10015 4-25-83 S 100-13 SOUTH OLD CODE S 100-13 structural ceiling level is seven (7) feet six (6) inches or more. [Amended 2-1-83 by L.L. No. 2-1983] STREET - A street, improved to the satisfaction of the Planning Board, which is one (1) of the following: (1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. (3) A street shown on a map filed with the County Clerk (in accordance with S 280-a of the Town Law) prior to Planning Board authorization to review subdivisions.' (4) A street shown on the Town Official Map. STREET LINE - The dividing line between 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. 2-1983] TOURIST CAMP - Any lot, piece or parcel of ground where two (2) or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation.2 TOURIST COTTAGE - A detached building having less than three hundred fifty (350) square feet of cross-sectional area, designed for or occupied as living and sleeping quarters for seasonal occupancy. TRAILER - Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed. 1 Editor's Note: For additional provisions regarding approved streets in subdivI- SIODS, see Ch. Aloe, Subdivision 01 Land. I Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 10016 4-25.83 ~ 100-13 ZONING ~ 100.20 . USABLE OPEN SPACE - An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than twenty-five percent (25%) is roofed for shelter purposes only, the minimum dimension of which is forty (401 feet and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. USE, ACCESSORY - A use customarily incidental and subordinate to the main use on a lot, whether such "ac- cessory use" is conducted in a principal or accessory building. YARD - An open space, other than a court, on the same lot with a building, which is, exclusive of trees, shrubs and natural rock formations, unoccupied and unobstructed from the ground upward. [Added 2.1.83 by L.L. No.2. 1983] YARD, FRONT - An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat,' and a line drawn parallel thereto. YARD, REAR - An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. YARD, SIDE - An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards. . ARTICLE II Districts II 100.20. District designations. For the purpose of this chapter, the Town of Southold, outside of the incorporated villages, is hereby divided into districts designated as follows: 1 Edlior's Note: For provisions regarding approval of lIubdivtslon plats. see Ch. AI06, Subdivision of Land. 10016.1 4-25-83 S 100-20 SOUTH OLD CODE S 100-22 A. A Residential and Agricultural Districts. B. M Light Multiple-Residence Districts. C. M-1 General Multiple.Residence Districts. D. B Light Business Districts. E. B.1 General Business Districts. F. C Light Industrial Districts. G. C-1 General Industrial Districts. [Amended 7-31.73] ~ 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the Building Zone Map, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. ~ 100.22. District boundaries. In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply: A. Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such center lines shall be construed to be such boundaries. B. Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries. C. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be two hundred (200) feet back from the rights-of-way of said streets. 10016.2 4-25-83 ~ 100-22 ZONING ~ 100-22 . D. In all cases where a district boundary divides a lot in one (1) ownership and more than fifty percent (50%) 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 district boundary. For the purposes of this subsection, the "more restricted district" shall be deemed that district subject to regulations which: (Cont'd on page 10017) . 10016.3 .4,.25.83 ~ 100-22 ZONING ~ 100-23 . 11) Prohibit the use intended to be made of said lot; or 121 Require higher standards with respect to coverage, yards, screening, landscaping and similar requirements. E. In all cases where a district boundary line is located not more than fifteen (151 feet from a lot line of record, such boundary line shall be construed to coincide with such lot line. F. In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon. G. Unless shown on the Zoning Map, all tidal lands and lands under water shall be deemed to be within the use district to which they are contiguous. ~ 100-23. Effect of establishment of districts. Following the effective date of this chapter: A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located. . B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter. 10017 ~. 100-23 SOUTHOLD CODE ~ 100-30 D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with the Zoning Ordinance in force prior to this chapter. If the following is found to exist: (1) A building permit shall have been duly issued and construction shall have been started before the ef- fective date of this chapter. (2) The ground story framework (including the second tier of beams) shall have been completed within six (6) months of the date of the bnilding permit. (3) The entire 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 this chapter. E. Any use not permitted by this chapter shall be deemed to 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 tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereof.' ARTICLE III A Residential and Agricultural District ~ 100-30. Use regulations. In an A District, no building or premiaes shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. 5 Editor's Note: See .lauCh. 82, BoaD, Docks aad Wb&rve.. and Ch. 9'1, Wetlanda. 10018 ~ 100-30 ZONING ~ 100-30 . (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. (2) The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurs- eries and the seasonal sale of products thereof in buildings, subject to the following special re- quirements: [1] All one-story buildings for display and retail sales of agricultural and nursery products grown primarily on the premises shall not exceed one thousand (1,000) square feet in floor area. Display of produce shall be not less than ten (10) feet from all street and lot lines. Any stand in excess of one hundred (100) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (11 year, comply with all of the provisions hereof. [2] All signs shall conform to the provisions of ~ 100-30C(6)(b). (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) 1 on lots of ten (10) acres or more. [Amended 2-1-83 by L.L. No. 2-1983] (c) Barns, storage buildings, greenhouses (including plastic-covered) and other related structures, provided that such buildings shall conform to the . 1 Editor's Note: For provisions regarding the raising ofduck8, see Ch. U, DuckR. 10019 4-25.83 ~ 100-30 SOUTH OLD CODE ~ 100-30 yard requirements for principal buildings. [Amended 2-1-83 by L.L. No. 2-1983' (3) Buildings, structures and uses owned or operated by the Town of Southold. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Two-family dwellings, conversion of existing buildings and new construction, not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but ex- cluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than twenty (20) feet to any lot line. (b) The total area covered by all principal and ac- cessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3) Private schools, colleges and other educational in- stitutions, subject to the following requirements: (a) No building shall be less than fifty (50) feet from any street or lot line. (b) The total area occupied by all principal and ac- cessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. 1 Editor's Note: This local law SI80 repealed former Subsection A(2)(c), 8S amended 1i.80.75 by L.L. 8-19'75, which 118ted the keeping of Dot more than two (2)horses or ponies for personal use as a permitted use In an A District and redesignated former Subsection A(2)(d) as thl8 Subsection A(2)(c). 10020 4.25.83 ~ 100-30 ZONING ~ 100-30 . (d) Any such school shan occupy a lot with an area of not less than five (5) acres plus one (1) acre for each twenty-five (25) pupils for which the building is designed. (4) Libraries, philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding facilities for the treatment of an types of drug ad- diction, subject to the fonowing requirements: (a) No building or part thereof or any parking or loading area shan be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shan not exceed twenty percent (20%) of the area of the lot. (c) The maximum height shan be thirty-five (35) feet or two and one-half (2\1,) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shan be suitably landscaped and properly maintained. (e) Sufficient exterior illumination of the site shan be required to provide convenience and safety. An such illumination shan be shielded from the view of an surrounding streets and lots. (f) Any nursing home, hospital or sanitarium shan meet the fonowing standards: [1] An buildings shan be of fire-resistive con- struction. . [2] An such uses shan be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shan not be permitted in any nursing home or sanitarium (communicable 10021 S 1 DO-3D SOUTH OLD CODE S 100-30 diseases are defined by the Sanitary Code of the Public Health Council of the State of New York. [41 Eight thousand (8,0001 square feet of lot area shall be provided for each patient bed. 15) Public utility rights-of-way as well as structures and other installations 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 neighborhood in which the proposed structure is to be constructed. (61 Fraternity houses, golf courses and annual mem- bership clubs catering exclusively to members and their guests, or other recreational facilities open to the public, and accessory playgrounds, beaches, swim- ming pools, tennis courts and recreational buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. (b I The total area covered by principal and accessory buildings shall not exceed twenty percent 120% I of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d I No such use shall occupy a lot with an area of less than three (3) acres. lei The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots. (71 Children's recreation camps organized primarily for seasonal use, subject to the following requirements: lal No building, tent, activity aree or recreation facility shall be less than two hundred 1200) feet 10022 ~ 100-30 ZONING ~ 100-30 . from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. [Amended 7-31-73] (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public address systems shall not exceed the intensity tolerable in a residential neighborhood. (8) Labor camps, farm and nonfarm, subject to the following requirements: (a) All farm labor camps on farms shall be con- structed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Board of Appeals. (9) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: 1 (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. [Amended 7-31-73] . 1 Editor'. Note: See al&o Ch. S%, Boa.ts, Docks and Wharve.. 10023 4-25-83 ~ 100-30 SOUTHOLD CODE ~ 100-30 110) Veterinarian offices and animal hospitals, subject to the following requirements: la) The housing of all animals shall be in a fully enclosed structure if nearer than one hundred (100) feet to any lot line. (HI Cemeteries. (12) Stables and riding academies. (13) Funeral homes and undertaking establishments. (14) 'Wineries for the production and retail sale of wine produced from grapes primarily grown on the vineyard on which such winery is located. [Added 2-1- 83 by L.L. No. 2-1983] C. [Amended 7.31.73] Accessory uses, limited to the follow- ing: (1) Home occupations, provided that: la) No display of goods is visible from the street. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with not more than one (1) nonresident assistant. (c) Such occupation is carried on in an area not exceeding thirty percent 130%) of the area of one III floor of the main building. Id) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time, or where concerts or recitals are held, are prohibited. ' I Editor's Note: Former Subsection 8(14), which permitted sales of personal property, was repealed /1.29.78. 'Editor'f!I Note: Orlglna.l Subsection C(1)(e) and (f) were deleted, as they duplicated Subsection C(l)(b) and (c). 10024 4-25-83 ~ 100-30 ZONING ~ 100-30 . (2) [Amended 2-1-83 by L.L. No. 2-1983] Garden house, toolhouse, storage building, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chainlink or similar-type fence of not more than two. inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self.closing, self. latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self.closing, self. latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. [Amended 2-1-83 by L.L. No.2- 1983] . (3) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (4) [Amended 2-1-83 by L.L. No. 2-1983] The storage of either a boat or travel trailer, owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the following requirements: (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied therefor, together with the area of all buildings in the rear yard, shall not exceed forty percent (40%) of the area of the required rear yard. 10025 4-211-88 9 100.30 SOUTHOLD CODE 9 100.30 (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (5) Horses and domestic animals other than household pets, provided that such shall not be housed within forty 140) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be con- structed within fifty 150) feet of any line. [Amended 5- 29.73; 5.30.75 by L.L. No. 3.1975] 16) The following signs, subject to the supplementary sign regulations hereinafter set forth: (a) One (1) indirectly illuminated nameplate or professional sign not more than two 12) square feet in area. (b) Not more than three (3) signs with a combined total area of not more than seventy-two (72) square feet, no one (1) of which shall be larger than four by six (4 x 6) feet in size, advertising only the sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises. (c) One (1) real estate sign, either single- or double- faced, not larger than three by four (3 x 4) feet in size on anyone (1) or more lots, advertising the sale or lease of only the premises on which it is maintained, an d set back not less than ten (10) feet from any lot line. Id) One (1) sign, either single. or double-faced, not exceeding twenty. four (24) square feet in size, set back at least thirty-five 135) feet from the street line and ten (10) feet from either side line, ad- vertising the sale or lease of acreage or the sale of lots in a subdivision having a continuous frontage of five hundred 1500) feet or more. (e) One (1) bulletin board or other announcement or identification sign for uses permitted in 9 100. 10026 4-25-83 ~ 100-30 ZONING ~ 100.31 . 30B(2), (3), (4), (6), (7) and (10) hereof, not more than thirty.two (32) square feet in area, located not less than five (5) feet from any street or lot line. (f) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. (7) [Added 5.29-73] Yard sales, attic sales, garage sales, auction sales or similar-type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be con- ducted on any lot in anyone (1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on-premises sign not larger than three by four (3 x 4) feet in size, displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). . ~ 100-31. 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 A Residential and Agricultural District unless the same conforms with the Bulk and Parking Schedule incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.' \ Editor'. Note: The Bulk and Parking Schedule I. Included at the end ot this chapter. 10027 4-2(j-83 !l 100.32 SOUTHOLD CODE !l 100.36 ~ 100.32. Accessory buildings. In the A Residential and Agricultural District. accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back not less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. ~ 100.33. Established front yard setback. [Amended 5.29.73] Where property in the vicinity is improved with permanent dwellings with a front yard area of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing dwellings within three hundred (300) feet of the proposed dwelling on the same side of the street, within the same block and the same use district. ~ 100.34. 'Substandard lots. [Added 5.29.73; amended 2.1.83 by L.L. No. 2.1983] In the A District. in the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of not less than twelve. thousand five hundred (12.500) square feet and a width of not less than one hundred (100) feet, a single. family dwelling may be constructed thereon with rear and side yards reduced by twenty. five percent (25%) with a front yard setback of thirty.five (35) feet or the average setback of the existing dwellings within three hundred (300) feet therefrom on t he same side of the street within the same block, whichever is greater. ~~ 100.35 through 100.36. [Reserved]' 1 Editor'. Note: Former g 100-84, Corner lots, and former fi lOO-stJ, feocetl, wans a.nd hedges! were renumbered 11.8 It 100.119 and 100-118.1, r"pectlvely, 2.1.88 by L.L. No.2- 1988. Said local law _1110 redesignated former * 100-88 u I 100.8(. 10028 4-25-83 ~ 100-40 ZONING ~ 100.40 ARTICLE IV M Light Multiple-Residence District . fi 10040. Use regulations. In an M District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. [Amended 5.30.75 by L.L. No. 3-1975] Permitted uses, subject to site plan approval of the Planning Board in accordance with Article XIII hereof. (1) Any permitted use set forth in, and as regulated by, ~ 100-30A of this chapter. (2) Multiple dwellings not exceeding one hundred twenty. five (125) feet in length designed for and occupied by not more than four (4) families. (3) Boarding. and tourist houses. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Any special exception use set forth in, and as regulated by, ~ 100.30B of this chapter. C. Accessory uses. (1) Any accessory us e set forth in, and as regulated by, ~ 100-30C of this chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (3) Signs, subject to the following requirements: (a) One (1) advertising sign, either single- or doublefaced, not more than fifty (50) square feet . 10029 4-26-83 S 100-40 SOUTHOLD CODE S 100-50 in area, the lower edge of which shall not be less than four (4) feet above the ground, exclusive of pillars and posts, and the upper edge of which shall not project more than fifteen (15) feet six (6) inches above the ground. Such sign shall ad- vertise only the business conducted on the premises upon which it is located. Such sign shall be set back not less than five (5) feet from all street and lot lines. Such sign shall comply with all of the supplementary sign regulations hereinafter set forth. fi 100.41. 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 M Light Multiple- Residence District unless the same conforms with the Bulk and Parking Schedule incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 1 fi 100-42. Livable floor ares. [Added 5-30.75 by L.L. No. 3.1975] Each dwelling unit in a multiple dwelling in the M Light Multiple. Residence District shall have a livable floor area of not less than eight hundred fifty (850) square feet, except that a one- bedroom or studio dwelling unit shall have a livable floor area of not less than six hundred (600) square feet. ARTICLE V M -1 General Multiple. Residence District fi 100.50. Use regulations. In an M-l District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is 1 Editor's Note: The Bulk and Parking Schedule" Included at the end of this chapter. 10030 4-25-83 ~ 100.50 ZONING ~ 100-51 . arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in, and as regulated by, ~~ 100-30A and l00-40A of this chapter. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Apeals, as hereinafter provided, and subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Any special exception use set forth in, and as regulated by, ~ 100.30B of this chapter. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. 11 (3) Multiple dwellings. (4) Hotels and motels. (5) Tourist camps." C. Accessory uses. (1) Any accessory use set forth in, and as regulated by, ~~ 100.30C and 100.40C of this chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (3) Signs as set forth in ~ 100-40C(3) of this chapter. [Added 2-1-83 by L.L. No. 2.1983] . ~ 100.51. Bulk, area and parking requirements. No buildings or premises shall be used and no building or part thereof shall be erected or altered in the M-l General Multiple- Residence District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 11 Editor's Note: See also Ch. 82, Doatw, Dockll and Wharves. 12 Editor'. Note: See also Vb. 88, Tourt.t and Trailer Camps. 10031 4-25-83 ~ 100-52 SOUTHOLD CODE ~ 100-60 fi 100.52. Building length and separation. A. No building shall exceed one hundred twenty.five (125) feet in length. B. The minimum distance between principal buildings shall be equal to two (2) times the height of the highest building, and the minimum distance between a principal and an accessory building shall be twenty (20) feet. C. Any inner court shall have a minimum dimension of sixty (60) feet, and any outer court shall have a minimum dimension of twenty (20) feet and its depth shall not exceed its width. fi 100-53. Livable floor area. [Added 5-30-75 by L.L. No. 3-1975] Each dwelling unit in a multiple dwelling in the M-1 General Multiple.Residence District shall have a livable floor area of not less than eight hundred fifty (850) square feet, except that a one. bedroom or studio dwelling unit shall have a livable floor area of not less than six hundred (6001 square feet. ARTICLE VI B Light Business District fi 100-60. Use regulations. In a B District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. [Amended 10-26-76 by L.L. No. 5-1976; 2-1-83 by L.L. No. 2-1983] (1) Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(21 and (3) of ~ 100-30. (b) Subsection A(31 of ~ 100-40. 10032 4.20.83 ~ 100.60 ZONING ~ 100.60 . (2) Business, professional and governmental offices. (3) Banks and financial institutions. (4) Retail stores. (5) Restaurants. (6) Bakeshops (for on-premises sale at retail). (7) Laundromats and similar establishments. (8) Personal service stores and shops. (9) Marinas for the docking, mooring and accommodation of noncommercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina.13 . B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) [Amended 10.26.76 by L.L. No. 5.1976] Any special exception use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection B(2) to (13), inclusive, of ~ 100.30. (b) Subsection B(2), (4) and (5) of ~ 100.50. C. Accessory uses. [Amended 5.30-75 by L.L. No. 3.1975; 10. 26.76 by L.L. No. 5.1976] (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (2) Signs, subject to the following requirements: (a) Detached or ground signs. One (1) sign, single- or double-faced, not more than six (6) feet six (6) inches in height and twelve (12) feet six (6) inches in width, the lower edge of which shall be not less U Editor'. Note: See &180 Ch. 32, Boata, Docks and Wharves. 10033 12.215.78 ~ 100.60 SOUTHOLD CODE ~ 100.60 than four (4) feet above the ground and the upper edge of which shall not extend more than fifteen (15) feet six (6) inches above the ground, which sign shall be set back not less than five (5) feet from all street and property lines and shall ad. vertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (b) Wall signs. One (1) sign attached to or in. corporated in each building wall on a public street and advertising only the business conducted in such building, provided that such sign does not: [1] Exceed two (2) square feet in total area for each horizontal foot of such wall. [2] Exceed in width one hundred percent (100%) of the horizontal measurement of such wall. [3] Exceed ten (10) feet in height. [4] Project more than one (1) foot from such wall. (c) Roof signs. In lieu of a wall sign authorized by the preceding Subsection C(3)(b), a roof sign shall be permitted, provided that the same is attached to or incorporated in a roof, which sign shall ad. vertise only the business conducted in the building upon which it is attached, and provided that such sign does not: [1] Exceed two (2) square feet in total area for each lineal foot of such roof. [2] Extend above the highest point of the roof in the case of a pitched roof, and in all other cases, exceed two (2) feet six (6) inches in height above the highest point of the roof. [3] Project beyond the edge of the roof. 10034 12-26-76 ~ 100-61 ZONING ~ 100.62 . ~ 100.61. Bulk, area and parking requirementa. No building or premiaes shall be used and no building or part thereof shall be erected or altered in the B Light Business Diatrict unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. . ~ 100-62. Retail ahopping centera. Notwithstanding any other provisions of this Article, a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions, com- monly known as shopping centers, may be erected or altered in the B Business District, subject, however, to the following requirements: A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1) acre and the lot width shall be not less than one hundred fifty (150) feet. C. At least twenty-five percent (25%) of the lot area shall be landscaped with grass and plantings. D. The required front yards shall be not less than thirty-five (35) feet, except that where the property in the vicinity is partly built up with permanent buildings and an average setback line has been established, no building shall project beyond the line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty. five (25) feet. G. Parking shall be provided in off. street parking areas which shall provide one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each building. [Amended 5.29.73] 10035 01-25-83 9 100-62 SOUTHOLD CODE 9 100-70 H. All rainfall and stormwater accumulated on the premises shall be returned to the ground within the boundaries of the premises. I. The total floor area for each retail or service establishment located therein shall not exceed ten thousand (10,000) square feet. * 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 merchandise and the storage of all property, except living plants, shrubs or trees, shall be confined to fully enclosed buildings on the premises. ARTICLE VII B-1 General Business District * 100.70. Use regulations. In the B.1 District, no building or premises shall be used, and no building or part thereof shall be erected or altered which is arranged, intended or designed t{) be used, in whole or in part, for any uses except the following: A. Permitted uses, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. [Amended 7.31.73; 10.26.76 by L.L. No. 5.1976; 2.1.83 by L.L. No. 2.1983] (ll Any permitted use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(21 and (3) of 9 100-30. (b) Subsection A(3i of 9 100-40. (c) Subsection A(21 to (9), inclusive, of 9 100.60. (d) Section 100-62. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter 10036 4-25-83 ~ 100-70 ZONING ~ 100-70 . provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) [Amended 10-26-76 by L.L. No. 5-1976] Any special exception use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection B(2) to (13), inclusive, of ~ 100-30. (b) Subsection B(2), (4) and (5) of ~ 100-50. (2) Places of amusement. (3) Fishing stations. (4) Public garages, gasoline service stations and new and used car lots, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. (c) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (d) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (f) No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to . 10037 7-2ti-78 ~ 100.70 SOUTH OLD CODE ~ 100.70 be located within three hundred (300) feet of a church, public school, library, hospital, or. phanage or a rest home. [Amended 5.30.75 by L.L. No. 3.1975] (5) [Added 4.11.78 by L.L. No. 2.1978'] Partial self. service gasoline service stations shall be subject to all of the provisions of ~ 100.70B(4), and the following additional requirements: (a) Each partial self. service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self. service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self. service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self. service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self. service pump island shall have controls on all pumps that will permit said pumps to I Editor's Note: TbIslocallaw ""0 renumbered former Subsection B(5) to become B(.). 10038 7-26-78 _"""""Y<"'._~ 9 100-70 ZONING 9 100-71 . operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire protection system in the form of an approved system of dry power release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (gl There shall be no latch-open device on any self- service dispensing nozzle. (6) Cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. [Added 5-30-75 by L.L. No. 3- 1975] C. Accessory uses. [Amended 10-26-76 by L.L. No. 5.1976] (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (2) Signs as set forth in 9 100-60C(2) of this chapter. [Added 2-1-83 by L.L. No. 2-1983] . ~ 100-71. 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 B-1 General Business District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 10038.1 4-25-83 9 100-80 SOUTH OLD CODE 9 100-80 ARTICLE VIII C Light Industrial District 9 100-80. Use regulations. In a C District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. (I) [Amended 10-26-76 by L.L. No. 5-1976) Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of 9 100-30. B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1) Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other (Cont'donpage 10039) 10038.2 4-25-83 9 100-80 (2) . (3) (4) (5) (6) (7) (8) (9) . ZONING 9 100-80 processing, handling or storage of products or materials, involving the use of only oil, gas or elec. tricity for fuel. Research, design and development laboratories; office buildings. Wholesale storage and warehousing. Building contractors' yards. Public utility structures and uses. Newspaper and printing establishments. Bus and truck terminals (garages, parking facilities, loading docks, etc.). Food processing and packaging plants. Marinas for the docking and mooring of all types of boats. " (10) Launching facilities. (11) Ferry terminals. (12) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (14) Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building materials. (17) Special exception use. [Repealed 10-26-76 by L.L. No. 5-1976] C. Accessory uses. (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. U Editor's Note: See also Ch. 82, Boats, Docks and Wharves. 10039 4-25-83 ~ 100.80 SOUTH OLD CODE ~ 100-90 (2) Signs as set forth in ~ 100-60C(2) of this chapter. [Added 2-1.83 by L.L. No. 2-1983] ~ 100-81. 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 Light Industrial District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. ARTICLE IX C- I General Industrial District ~ 100-90. Use regulations. A. [Amended 7-31-73; 10-26-76 by L.L. No. 5-1976] 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 dwelling, boarding- and tourist home, hotel, motel or tourist camp purposes, and the uses hereinafter set forth are permitted only by special ex. ception by the Board of Appeals, as hereinafter provided, and are subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Abattoirs. 12) Acetylene gas manufacture or gas manufacture from coke, petroleum or from any other product, or the storage thereof. (3) Acid manufacture. (4) Ammonia, bleaching powder or chlorine manufacture. (5) Arsenal. (6) Asphalt manufacture and asphalt mixing plants. 17) Blast furnace. 10040 4-25-83 ~ 100-90 ZONING ~ 100-90 . (8) Cement, lime, gypsum or plaster of paris manufac- ture; ready-mix or bulk concrete plants and block manufacturing. (9) Coke ovens. (10) Crematories. (11) Distillation of bones. (12) Dwellings, all types. (13) Explosives manufacture or storage. (14) Fat rendering. (15) Fertilizer manufacture. (16) Fireworks manufacture. (17) Garbage, offal or dead animals reduction or dumping. (18) Glue, size or gelatin manufacture. (19) Gunpowder manufacture or storage. (20) Automobile wrecking yards and all other junkyards. (21) Oilcloth or linoleum manufacture. (22) Oil, rubber or leather manufacture. (23) Ore reduction. (24) Paint, oil, shellac, turpentine or varnish manufacture. (25) Paper and pulp manufacture. (26) Petroleum refining, storage tanks. (27) Potash works. (28) Rolling mill. (29) Rubber or gutta-percha manufacture. (30) Saltworks. (31) Sauerkraut manufacture. (32) Shoeblacking or stove polish manufacture. (33) Smelting. . (Cont'd on page 10041) 10040.1 12-25-78 ~ 100-90 ZONING ~ 100-93 . 134) Soap manufacture. 1351 Stockyards or slaughterhouses. (36) Stone mill or quarry. 137) Structural steel or pipe vvorks. (38) Sulfuric, nitric or hydrochloric acid manufacture. 139) Sugar refining. (401 Tar distallation or manufacture. 141) Tar roofing or vvaterproofing manufacture. 142) Tallovv, grease or lard manufacture. (431 Tanning, curing or storage of ravvhides or skins. (44) Tobacco Ichevving) manufacture or treatment. 145) Vinegar manufacture. 146) Yeast plant. (47) Airports and airfields. ~ 100.91. Special exception uses; site plan approval. Notvvithstanding any of the provisions of this Article; vvhere a use is permitted in any use district only as a special exception by the Board of Appeals, such use is not permitted in a C-1 District except as a special exception by the Board of Appeals, and vvhere a use in any use district is subject to site plan approval of the Planning Board, such use in a C-1 District shall require site plan approval of the Planning Board. . ~ 100-92. Signs. Signs as specified in and regulated by ~ 100-60C of this chapter are permitted in a C-1 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-1 General Industrial 10041 ~ 100.93 SOUTH OLD CODE ~ 100.110 District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. ARTICLE X Tourist Camps, Camp Cottages and Trailers 1 S ~ 100.100. Permits required. No tourist camp shall be established, maintained or operated in any district, nor shall any tent, tent house, camp cottage, house car or trailer to be used or occupied as a place for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless authorized by the Town Board pursuant to the provisions of the Trailer Camp Ordinance, dated June 30, 1953." ~ 100.101. Automobile trailers or house cars. Notwithstanding any other provisions of this chapter, a single automobile trailer or house car may be located outside a tourist camp only when authorized by the Town Board and subject to such conditions as may be prescribed by the Town Board. ~ 100.102. Exemptions. This Article shall not be deemed to apply to the temporary or seasonal 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 ~ 100.110. Signs. The provisions of this section shall apply in all districts. A. No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or recon. structed except as expressly permitted in this chapter. IS Editor's Note: See a.1so Ch. 88, Tourist and Trailer Camps. 16 Editor's Note: This ordinance appeaR as Ch. 88, Tourist and Trailer Camps, of this Code. 10042 ~ 100.110 ZONING ~ 100.112 . B. The following types of signs or artificial lighting are prohibited: (1) Billboards. (2) Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use. (3) Signs which compete for attention with, or may be mistaken for, a traffic signal. (4) The outlining by direct illumination of all or any part of a building, such as a gable roof, side wall or corner. (5) Signs made out of cardboard, paper, canvas or similar impermanent material. ~ 100-111. Continuation of existing signs. Notwithstanding any other provisions of this chapter, any sign in existence at the effective date of this chapter, as first enacted in 1957, which does not conform to the provisions of this chapter, shall, within five (5) years from such date, be discontinued unless its continuance is authorized as a special exception by the Board of Appeals as hereinafter provided. . ~ 100.112. Off-street parking areas. Off.street parking spaces, open or enclosed, are permitted accessory to any use, subject to the following provisions: A. Schedule of parking requirements. Accessory off. street parking spaces, open or enclosed, shall be provided in all use districts for any use specified below. 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. 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. 10043 4-25-83 ~ 100-112 SOUTH OLD CODE ~ 100.112 Type of Use Places of worship, libraries and other public buildings Golf courses and other coun. try clubs Secondary schools Elementary schools Hospitals, sanitaria, nursing homes, philanthropic or elee- mosynary institutions Rooming houses Eating and drinking places Undertakers and funeral homes Hotels and motels Bowling alleys Home occupation or accessory professional office, except physicians and dentists Professional office of physi- cian or dentist Number of Parking Space. A t least 1 for each 200 square feet of floor area, but not less than 1 for each 5 seats where provided At least 1 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 auditorium or place of assembly 2 spaces per classroom, plus 1 space for each 5 seats in any auditorium or other place of assembly At least 1 for each bed At least 1 for each guest room At least 1 for each 5 seats At least 1 for each employee, plus 25 spaces for each chapel At least 1 for each guest room, plus 1 for each employee 5 spaces per alley 3 spaces per home occupation or accessory professional office 5 spaces per each physician or dentist B. Areas computed as parking spaces, Areas which may be computed as open or enclosed off. street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or 10044 4.25-83 ~ 100-112 ZONING ~ 100-112 two-family residence may count as one 11) parking space, other than on a comer lot. . C. Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be ten 110) feet and the minimum length shall be twenty (20) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one 11) ten- foot lane for parking areas with less than twenty (20) spaces, and at least two (2) ten-foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty (50) feet of any street intersection. E. Drainage and surfacing. All open parking areas shall be properly drained within the premises and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence. F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces 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. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that 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 Planning Board may reduce the total parking spaces required for that use with the least requirement. H. Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same . 10045 S 100-112 SOUTHOLD CODE S 100-112 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. 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 district unless the use to which the spaces are accessory is permitted in such residence 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 district boundaries. When a parking lot is located partly in one (1) district and partly in another district, the regnlations 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. J. Parking regulations in multiple-dwelling or attached- dwelling developments. 11) Wherever space is provided for the parking of five (5) or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. (2) No parking space shall be located in any front yard nor within ten (10) feet of any lot line in side or rear yards. (3) The parking of motor vehicles is prohibited within fifteen (15) feet of any wall or portion thereof of a two. or-more.family dwelling, which wall contains windows lother than bathroom or kitchen windows I with a sill height of less than eight 18) feet above the level of the said parking space. 10046 9 100-112 ZONING 9 100-112 . (4) No service of any kind shall be permitted to be ex- tended to users of the lot, including automobile ser- vice, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screening shall not be less than three (31 feet nor more than eight (81 feet in height. K. Regulations for parking spaces adjacent to lots in any residence district. ( 1) Wherever a parking area of over five (5) spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in any residence district, the said parking lot shall be screened from such adjoining lot by a sub- stantial 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 (81 feet in height. (21 Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of twenty (20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three (3) feet nor more than six (6) feet in height. The open area between such screening and the street shall be landscaped in har- mony with the landscaping prevailing on neighboring properties fronting on the same street. Two (21 identification and directional signs located on the street side of such screening shall be permitted: however, they shall not exceed an area of three (3) square feet each. L. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. . 10047 ~ 100.112 SOUTH OLD CODE ~ 100-113 M. Commercial vehicles. (1) One (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line or side lines and the principal building. (2) One (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked within a private garage in any residence district. (3) Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district. ~ 100-113. Off. street loading areas. Off-street loading berths, open or enclosed, are permitted ac- cessory to any use (except one- or two.family residences), subject to the following 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 single ownership and control shall be considered a single lot for the purpose of such loading requirements. (1) For a public library, museum or similar quasi-public institution, governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school, with a floor area of ten thousand (10,000) square feet, one (1) berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof, one (1) ad- ditional berth. (2) For buildings with professional, governmental or business offices or laboratory establishments, with a floor area of ten thousand (10,000) to twenty-five thousand (25,000) square feet, one (1) berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof up to one hundred thousand 10048 -'- ~ 100-113 ZONING ~ 100-113 . (100,000) square feet, one (1) additional berth; for each additional fifty thousand (50,000) square feet or fraction thereof, one (1) additional berth. 131 For buildings with offices and retail sales and service establishments, one (1) berth for eight thousand (8,000) to twenty-five thousand (25,000) square feet of floor area, and one (1) additional berth for each ad- ditional twenty-five thousand 125,000) square feet of floor area or fraction thereof so used. (4) For undertakers and funeral homes, one (1) berth for each chapel. [Such berths shall be at least ten (10) feet wide and twenty (20) feet long.] (5) For hotels, one (1) berth for each two thousand five (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 11) additional berth for each additional twenty thousand (20,000) square feet of floor area or fraction thereof so used. In addition, adequate reserved parking for waiting trucks shall be provided. B. Size of spaces. Each required loading berth shall be at least twelve (12) feet wide and fourteen (14) feet high, and in no event smaller than required to accommodate vehicles normally using such berths. C. Location and access. Unobstructed access at least ten 110) feet wide, to and from a street, shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection D below. No entrance or exit for any off-street loading area shall be located within fifty 1501 feet of any street intersection. No off-street loading berth shall be located in any required front yard. D. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serte . 10049 ~ 100-113 SOUTHOLD CODE ~ 100-114 jointly two (2) or more 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. E. Lots divided by district boundaries. When a lot is located partly in one (1) district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon the approval of the Board of Appeals. ~ 100-114. Prohibited uses in all district.. The following uses are prohibited in all districts: A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, 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, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other government agencies. B. Artificial lighting facilities of any kind, with light sources visible beyond the lot lines, which create glare beyond such lines. C. Carnivals, circuses and related activities, except for a temporary period on special license from the Town Board. 10050 ~ 100-114 ZONING ~ 100-114 . D. Junkyard or refuse disposal site, except a refuse disposal site established as an official town refuse disposal site or duly authorized as a refuse disposal site by the Town Board. 1 E. Uses involving primary production of the following products from raw materials: (1) Charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; in- dustrial alcohol; nitrates of an explosive nature; po- tash; plastic materials and synthetic resins; pyroxy- lin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, includ- ing gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oilcloth; matches; paint, varnishes and turpentine; rubber (natural or synthe- tic); soaps, including fat rendering; starch. F. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. . (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. G. Operations involving stockyards, slaughterhouses and slag piles. I Editor's Note: See al80 Ch. 48, Garbage, Rubbish and Refuse, and Ch. M, Junky.rdlJ. 10051 9-25-82 9 100-114 SOUTH OLD CODE 9 100-117 H. Storage of explosives. I. Quarries. J. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than twenty thousand (20,000) gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within one thousand (1,000) feet of tidal waters or tidal wetlands. [Added 6-22-82 by L.L. No. 3-1982] ~ 100-115. Junkyards. Notwithstanding any other provIsions of this chapter, all automobile yards or other junkyards in existence at the effective date ofthis chapter, as first enacted in 1957, shall, within three (3) years from such date, provide suitable screening in the form of fencing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to the approval of the Board of Appeals.' ~ 100-116. Dwelling unit density. Notwithstanding any other provision of this chapter, each dwelling unit in a multiple dwelling shall have nine thousand (9,000) square feet of land for each dwelling unit in the building where public water and public sewer are not provided, and shall have six thousand five hundred (6,500) square feet of land for each dwelling unit in the building where public water and public sewer are provided.' ~ 100-117. Hotel and motel unit density. Notwithstanding any other provisions of this chapter, each room or group of rooms designed, used or intended to be used for I Editor'. Note: See also Ch. M, Junkyards. ~ Editor's Note: See also Ch. 32, Housing. 10052 9-25-82 . . ~ 100-117 ZONING ~ 100-117 lodging as a unit, which does not qualify as a dwelling unit, and located in a hotel, motel or similar building, shall have six thou- sand (6,000) square feet of 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 such unit where public water and public sewer systems are provided. (Cont'd on page 10053) 10052.1 9-25-82 ~ 100-118 ZONING ~ 100-118 . ~ IOO-lIB. Nonconforming uses. V nless otherwise au thorized as a special exception by the Board of Appeals, as hereinafter provided, the following provisions shall apply to nonconforming uses: A. The lawful use of a building or premises existing on the effective date of this chapter or authorized by a building permit issued prior thereto may be continued although such use does not conform to the provisions of this chapter, and such use may be extended throughout the building lawfully acquired to said date. B. A nonconforming use of a building or premises may be changed to a use of the same or higher classification ac- cording to the provisions of this chapter. C. Whenever a district shall hereafter be changed, any then existing nonconforming use of a building or premises in such changed district may be continued or changed to a use of a similar or higher classification, provided that all other regulations governing the use are complied with. D. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this section to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals, as hereinafter provided. E. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%1 of the fair value of the building, unless the use of such building is changed to a conforming use. F. A nonconforming building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. . 10053 4-25-83 ~ 100-119 SOUTHOLD CODE ~ 100-121 ~ 100-119. Corner lots. [Amended 2-1-83 by L.L. No. 2-1983] On a corner lot. front yards are required on both street front- ages. and one (1) yard other than 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 street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersection. ~ 100-119.1. Fences, walls and hedges. [Amended 5-29-73; 2-1-83 by L.L. No. 2-1983J Subject to the provisions of ~ 100-119, fences. walls. hedges or other live plantings within five (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 (4) feet in height. B. When located along side and rear lot lines. the same shall not exceed six and one-half (61/21 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. ARTICLE XlI Board of Appeals ~ 100-120. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. ~ 100-121. Powers and duties. In addition to such powers as may be conferred upon it by law. the Board of Appeals shall have the following powers: 10054 4-2:'.i -83 ~ 100-121 ZONING ~ 100.121 . A. Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances. Where there are practical difficulties or un- necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals 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 substantial justice done. C. Special 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 hearing, authorize such permitted use and its location within the' district in which this chapter specifies the permitted use may be located, subject, however, to the following: (11 Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. (b) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. (c) That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: . 10055 4-25-83 ~ 100-121 SOUTH OLD CODE ~ 100-121 (a) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the encouragement of the most appropriate uses of land. (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways. (d) The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. (e) Whether the use or the materials incidental thereto or produced thereby may give off ob- noxious gases, odors, smoke or soot. (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. (g) Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recrea- tional facilities. if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous. surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. 10056 4 -25-83 9 100.121 ZONING 9 100-122 . (i) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac. cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. [Amended 7.31.73] (j) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. (k) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. (I) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. D. [Added 2.1.83 by L.L. No. 2.1983] Interpretations. On appeal from an order, decision or determination of an administrative officer, or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Building Zone Map. . ~ 100-122. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. (Cont'd on page 100571 10056.1 4.25-83 ~ 100-123 ZONING ~ 100-125 ~ 100-123. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. . ~ 100-124. Fees. [Amended 2-1.83 by L.L. No. 2-1983] All applications to the Board of Appeals for any relief provided for herein shall be accompanied by a fee of twenty. five dollars ($25.). . ~ 100-125. Notice of hearing. [Added 5-30.75 by L.L. No. 3-1975] A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, 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 immediately adjacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. 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 office. Proof of mailing of such notices in the form of a sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the following information: (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception, special permit or other specified relief, as the case may be. (2) A description sufficient to identify the property which is the subject of the petition. 10057 4-25-83 ~ 100-125 SOUTH OLD CODE ~ 100-130 (3) The zone district classification of such property. (4) A detailed statement of the relief sought by the petitioner. (51 The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement that within five (5) days such petition will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. 17) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief sought can be granted; ths.t the person to whom the notice is ad- dressed, 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 official town newspaper not less than five 15) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. ARTICLE XIII Site Plan Approval ~ 100-130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authoriza- tion of and in conformity with the plans approved by the Planning Board. 10058 4-21)-83 . . S 100-131 ZOKING S 100-132 9 1()().1:11. Obj"ctives. 1 n considering and acting upon site development plans. the Planning Board shall take into consideration the public health. safety and welfare. the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular. and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width. grade. alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. B. Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to provide safe accessibility to all required off- street parking lots. C. Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is in character with that generally prevailing in the neigh- borhood. Existing trees over eight 181 inches in diameter measured three (3) feet above the base of the trunk shall be retained to the maximum extent possible. ~ 100-132. Effect of approval. A. No building permit shall be issued for any structure covered by this Article until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. 10058.1 2575 ~ 100.1:32 SOUTH OLD eODt: S 101J.I:n 13. \/0 certificate of occupancy will be issued for any structure or use of land covered by this Article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. e. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Com. mission in accordance with the applicable provisions of law. ~ 100.13:3. Procedure. A. Presubmission conference. Prior to the submission of a site develoPIl1l'lll plan, the applicant or his agent shall meet with the Planning Board. The purpose of such conference ICont'd on page 10059) 10058.2 7 25.75 - {1 100-133 ZONING {1 100-133 . shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. B. Within six 16) months following the presubmission con- ference, the site development plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen (15) days prior to the Planning Board meeting at which approval is requested. If not submitted within this six 16) months' period, another presubmission conference may be required. C. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. D. The Building Inspector shall retain one 11) copy and transmit two 12) copies of the certified site development plan to the Secretary of the Planning Board at least seven 17) days prior to the Planning Board meeting at which approval is requested. E. The Planning Board shall act to approve or disapprove any such site development plan within ninety 190) days after the meeting at which approval is requested. Failure to act within ninety (90) days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The assistance of a con. sultant, if sought, must be obtained within ten 110) days of the receipt of the application. Such consultant shall report within thirty (30) days after receipt of such request as to whether or not the use applied for will be in conformance with the performance standards and, if not, what . 10059 ~ 100-133 SOUTHOLD CODE 9 100-134 modification in design or operation would be necessary for conformance. A copy of the report of such consultant shall be furnished to the Planning Board, Building Inspector and applicant. F. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. G. The Planning Board may require that site plan approval be periodically reviewed. 9 100-134. Site development plan elements. . The applicant shall cause a site development. map to be prepared by a civil engineer, a surveyor, land planner, architect or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Board in the presubmission conference: A. Legal data. (1) Lot, block and section number, if any, of the property, taken from the latest tax records. 121 Name and address of the owner of record. (3) Name and address of the person, firm or organization preparing the map. (4) Date, North point and written and graphic scale. 15) Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten (101 seconds or closer. The error of closure shall not exceed one (1) in ten thousand (lO,OOO). (6) The locations, names and existing widths of adjacent streets and curblines. (7) The location and owners of all adjoining lands, as shown on the latest tax records. 10060 ....--. ~ 100-134 ZONING ~ 100-134 . 181 Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. (9) A complete outline of existing deed restrictions or covenants applying to the property. 1101 Existing zoning. B. Natural features. 11) Existing contours at intervals of five (5) feet or less, referred to a datum satisfactory to the Board. (2) Approximate boundaries of any areas subject to flooding or stormwater overflows. (3) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight (8) inches or more measured three (3) feet above the base of the trunk and other significant existing features. C. Existing structures and utilities. (1) Location of uses and outlines of structures, drawn to scale, on and within one hundred (1001 feet of the lot. 12) Paved areas, sidewalks and vehicular access between the site and public streets. (3) Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as other underground and aboveground utilities within and adjacent to the property. (41 Other existing development, including fences, land- scaping and screening. D. Proposed development. (1) The location of proposed huildings or structural improvements. (2) The location and design of all uses not requiring structures, such as off-street parking and loading areas. . 10061 4-25-83 ~ 100.134 SOUTH OLD CODE ~ 100-136 (3) The location, direction, power and time of use of any proposed outdoor lighting or public address systems. (4) The location of and plans for any outdoor signs. (5) The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water- and sewer lines. (6) Any proposed grading, screening and other land. scaping, including types and locations of proposed street trees. (7) 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. (8) An outline of any proposed deed restrictions or covenants. (9) Any contemplated public improvements on or ad- joining the property. (10) If the site development plan indicates only a first stage, a supplementary plan shall indicate ultimate development. E. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. ~ 100-135. Fees. All applications to the Planning Board for approval of site development plans shall be accompanied by a fee of twenty-five dollars ($25.) ~ 100.136. Cluster development. [Added 5.29.73; amended 2.1.83 by L.L. No. 2-1983] The Planning Board may, in the exercise of its discretion, require cluster developments for one. family dwellings in an A 10062 4.25-83 ~."""" ~ 100-136 ZONING ~ 100-136 . Residential and Agricultural District according to the procedure and requirements hereinafter set forth, without the requirement that the owner make written application for the Use of such procedure. A. The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total gross area a fixed percentage of twenty percent (20%) of said area and dividing the remaining eighty percent (80%) of the area by forty thousand (40,000) square feet. (1) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the total gross area. (2) In a cluster development, lot area shall not be reduced by more than fifty percent (50%), and lot width and depth, front yard, rear yard and side yards shall not be reduced by more than thirty percent (30%) of the minimum requirements set forth in the Bulk and Parking Schedule. B. The area of a cluster development shall be in single ownership or under unified control. C. Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and ap- proved by the Planning Board in accordance with Article XI II of this chapter and the following conditions: 11) Said site plan shall include areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off- street open and enclosed (if any) parking spaces and streets, driveways and any other physical features relevant to the proposed plan. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. 'Editor's Note: The Bulk and Parking Schedule Is included at Ole end of tbtlll chapter. . 10063 4-25-83 ~ 100-136 SOUTHOLD CODE ~ 100-136 D. Nothing contained in this chapter shall relieve the owner or his agent or the developer of a proposed cluster develop- ment from receiving final plat approval in accordance with the Town Subdivision Regulations.' In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as set forth in the town's rules governing subdivision review, provided that the common land dedicated meets all other requirements of the Town Subdivision Regulations. E. A cluster development shall be organized as one (1) 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 Association approved by the Town Attorney and Town Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a Homes Association is proposed, 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 carried out. In consideration of said ap- proval, the Town Board shall, in part, require the cluster development to meet the following conditions: (1) The Homes Association shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. (2) Title to all common property shall be placed in the Homes Association. or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time. 1 Editor's Note: See Cb. Aloe, Subdivtslon 01 Land. 10064 4-25- 83 ~ 100-136 ZONING ~ 100-136 . (3) 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: la) Save the title to the common property to the Homes Association free of any cloud of implied public dedication. (b) Commit the developer to convey the areas to the Homes Association at an approved time. (c) Grant easement of enjoyment over the area to the lot owners. Id) Give to the Homes Association the right to borrow for improvements upon the security of the common areas. . (e) Give to it the right to suspend membership rights for nonpayment of assessments or infraction of published rules. F. Covenants shall be established, limiting all lots to one- family use and all common lands to open space uses. No structures may be erected on such common lands except as shown on the approved site plan. G. Each deed to each lot sold shall include by reference all recorded declarations and other restrictions including assessments and the provision for liens for nonpayment of such. H. 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 for 10065 ~ 100-136 SOUTHOLD CODE ~ 100-141 assessments and provide that all such charges become a lien on each property in favor of said Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction. 1. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold, at which time the Homes Association shall be automatically established. J. Prior to site plan approval the developer shall file with 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 form, sufficiency, manner of execution and surety shall be approved by the Town Board. ARTICLE XIV Administration and Enforcement II 100-140. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to adm4nister 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- ferred upon them by law. II 100-141. Building permits. No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly 10066 ~ 100111 ZONING ~ 100-141 . 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, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be unlawful. A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. If the Building In- spector deems it necessary 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 filed with the building permit application. [Amended 2-1-83 by L.L. No. 2-1983] III The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building. (2) The block and lot numbers, if any, as tbey appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot. 15) The existing and intended use of all buildings, existing or proposed, and the use of land and the number of . 10067 4-25-83 ~ 100-141 SOUTH OLD CODE ~ 100-141 dwelling units the building is designed to ac- commodate. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. B. No building permit shall be 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 Planning Board, except in conformity with the plans approved by the said Board. D. No building permit shall be 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 Board. E. No building permit shall be 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 shall return one (1) copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared ap- plication, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial. 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 (18) months from such date. If no zoning regulations af- fecting the property have been enacted in the interim, the 10068 4-25-83 ~ 100-141 ZONING ~ 100-141 . Building Inspector may authorize, in writing, the ex- 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] I. As soon as the foundation of a building or of any addition to an existing building is completed, and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing 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 Building Inspector. J. Permit fees. [Amended 7-31-73; 2-1-83 by L.L. No 2-1983] (11 The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the ap- plicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and additions and alterations to existing dwellings: twenty.five dollars ($25.) plus five cents 1$0.05) for each square foot of floor area in excess of eight hundred fifty (850) square feet. 121 Accessory buildings and additions and alterations to existing accessory buildings: ten dollars ($10.1 plus five cents ($0.05) 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 buildings: fifteen dollars ($15.) for each building. (cl Hotels, motels, multiple dwellings and business, industrial and all other buildings: . 10069 4-25- 83 ~ 100-141 SOUTHOLD CODE ~ 100-142 [1) New buildings and additions and alterations to existing buildings: fifty dollars ($50.) plus five cents ($0.05) for each square foot of floor area in excess of one thousand (1,000) square feet. [2) Accessory buildings and additions and alterations to existing accessory buildings: fifteen dollars ($15.) plus five cents ($0.05) for each square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: thirty dollars ($30.). (e) All other structures (i.e., fences, pools, etc.) and additions and alterations to such structures: fifteen dollars ($15.). (2) For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. ~ 100-142. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. 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 performed 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 building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. 10070 4.25-83 ~ 100-143 ZONING ~ 100-144 . !l 100-143. Stop orllers. [Amended 8.26.76 by L.L. No. 3.1976] Whenever the Building Inspector has reasonable grounds to believe that 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 provisions of an ap. plication, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall 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 building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person 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 certified mail. . !l 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: (1) 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 any land. (3) Any change in use of a nonconforming use. B. No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception or special permit by the Board of Appeals, or for any land or use requiring a site plan approval by the Planning Board, unless and until such special exception or special permit use or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted, or in 10071 4-25-83 ~ 100-144 SOUTHOLD CODE ~ 100-144 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 existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter, 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 (10) 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 proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten (10) days after receipt of a properly completed application. If a certificate of oc. cupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a temporary certificate of oCL'Upancy shall be accompanied by a fee of five dollars ($5.). Copies of such certificate will be issued upon payment of one dollar ($1.) per copy. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. G. Upon written request and upon payment of a fee of fifteen dollars ($15.), the Building Inspector shall, after in. spection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the 10072 4-25-83 ~ 100-144 ZONING ~ 100-145 . same and the building conform to the provisions of this chapter. [Amended 2-1-83 by L.L. No. 2-1983] H. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be fur- nished on request to any agency of the town or to any persons having an interest in the building or land affected. ~ 100-145. Penalties for offenses. [Amended 7-31-73] For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who (Cont'd on page 10073) . 10072.1 4-25-83 9 100.145 ZONING 9 100.150 . commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Building Inspector shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding fifty dollars 1 $50.1 or imprisonment for a period not to exceed six 161 months, or both. Each week's continued offense shall constitute a separate, ad. ditional violation. ~ 100.146. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any 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 appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken 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, amend, supplement, change. modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner: A. The Town Hoard, 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 the Town Law. B. The Town Board. before advertising for a public hearing. shall, in a written request. instruct the Town Planning 10073 7-25-75 ~ 100-150 SOUTHOLD CODE ~ 100-152 Board to prepare an official report defining the conditions described in a petition and to determine the area so af- fected, with its recommendations. ~ 100-151. Fees. Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be ac- companied by a fee of one hundred dollars ($100.). ~ 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 classification, in addition to the notice required by 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 im- mediately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property 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 office. Proof of mailing of such notice in the form of a sworn statement 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 subject of such petition. 10074 7. 2~ -75 . . ~ 100-152 ZONING ~ 100.152 (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 official town newspaper not less than ten (10) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. 10075 7-211-76 . . BULK. AND PABKING SCHEDULE A Betlldence Dl8irlci' Mult1ple.BeaJ.dence _Ie. Two- Dleirlolo BualDes. rnstrlet8 IDduatrlal m.iI'lct8 Mbdmum FamlIy FamlIy M M.l B 8-1 C C.l Bequlrementl - - UPi Geaeral UIIl' General UIIl' General Total lot area (sq. ft.) 40,000 80,000 40,000 80,000 20,000 30,000 40,000 200,000 Lotwldlh(tt.) """ 27. 1.. 200 80 100 200 300 Lot depth (ft.) 17. ... Front yard (ft.) 00 00 00 00 .. .. 00' 100 One side yard (ft.) l' 2li l' 20 2li 80 00 Both.lde yards (ft.) .. .. .. .. 00 80 100 Rear yard (ft.) 00 00 00 2li .. 00 100 Livable fioor area (sq. SOD SOD See Artl. See Arti. ft.) perdwel11ngunit cleIV cleV Off-street parking spaces . . See Artl. See Art1. See Art!. See Art!- See Artl. See Art!- per dwelUng unit cleIV cleV cleVI deVIl cle VITI cleIX MaUnuun Permitted. Lot coverage (percent) .. 20 2li .. SeeArt!- See Art!- SeeArtl. See Art!- cleVI cleVTI cleVIII cleIX BuUding height: Number of stories '\0 '\0 '\0 '\0 . . . . Feet .. .. .. .. 80 .. .. .. ~ ~ ~ OJ 1 Editor'. Note; The origiDaJ ached.uIe contained leparatie provlaions tor lots with ,obUe water BDd sewer facllJtlea and Iota wttboot pubUc water....d sewer facllJilee In A Residence Dlsiriet8. The coIuImuI containing provisions appUeable to lote wliIl public water and &ewer facII1tle8 were deleted 5..18.'2S, th11ll ma.Idnc the pruvlal... appearing below applicable t;o alllotlllD A ResIdence Dl8trlctll wUlloa! regard. to whether or not; &bey were Mrved with. public water and 8ewer IacWU8II. 2 [AmeDded 5-:18-73] J [AmeDded 5-80-'5 by L.L. No. 8.1915] .' Southold. N,Y, 11971 HENRY E. RAYNOR, lr. . Chairman lAMES WALL BENNETT ORLOWSKJ, If. GEORGE RITCHIE LATHAM, k WILllAM F, MULLEN, If. SECRETARY NOTES, DIARY OF SITE PLAN APPLICATION - KATHRINE FARR TELEPHONE 765 - 1938 June 29, 1982 - Katie Farr met with Chairman for informal discussion on a marina site plan. She was advised to make application to the Zoning if' ,~~ of Appeals. f " )1'. ~~-I March 2~! 1~83 - Mrs. Kathrine Farr and Mr. Stanley Corwin, Esq. met with th~ Cha~r~an for an informal discussion on proposed plans for Sterli~~ Gr~K at Greenport. It was never mentioned that the property would be used for a boat brokerage business. May 24, 1983 - Kathrine Farr hand-delivered copies of proposed site plan to Planning Board Office. Irate at procedure. a .. June 1,~1~83 : Planning Board Secretary telephoned Mrs. Farr and advised"her to resubmit plans delineating parking, show proposed in- gress a,d egress and a drainage plan if needed. ;'.ri, June 7;\ ~!l3 reques;t:s. '" - Planning Board received maps indicating June 1, 1983, i i ~ , ~'~ " . June 9 Jl9fl3' return. ~. l-l. , . t " . okay? Jlfj:~ ~ Mrs. Farr called Planning Board Office; Secretary to Secretary returned Mrs. Farr's telephone call. Are plans ~eview, we will call and advise you. June 13, 1983 - Mrs. Farr visited Planning Board Office. Secretary advised her that she is possibly scheduled for a presubmission con- ference July 11, 1983. June 27, 1983 - Mrs. Farr called Planning Board Office. Secretary advised she had been scheduled for presubmission conference with the Planning Board, July 11, 1983. EXHIBIT 02. Prior to presubmission conference July 11, 1983, the Secretary for the Zoning Board of Appeals advised the Secretary for the Planning Board that the proposed use for the property was for chartering and brokerage sales. This information should be reported to the Planning Board. July 11, 1983 - Mr. Stanley Corwin, Esq., Mr. and Mrs. Farr met with the Planning Board at a regular meeting for a presubmission conference. July 22, 1983 - An afternoon physical inspection was made on the prop- erty by Henry E. Raynor, William F. Mullen, Jr. and Bennett Orlowski, Jr. The Board arrived at the site in two separate cars, each one having to park on Manhansett Avenue so as to not block the five cars parked on the site. Bart Ruroede, employee of East End Supply Co. arrived on site and parked behind the Board members vehicles, and proceeded to talk to Mr. Farr who was servicing a boat. The Board members discussed bulkheading, the location of the proposed building in relation to the cars parking on the property at that time and stated the flood maps should be reviewed due to the elevation being so far below the flood plain. Two or three sailboats were noted at the dock. July 24, 1983 - George Ritchie Latham, Jr. physically inspected the property during the early evening. Mr. Latham noted eight cars parked on the property. July 25, 1983 - Regular meeting of the Planning Board, discussion on field inspection and action taken by the Board. July 26, 1983 - Copy of Planning Board resolution mailed to Mr. Stanley Corwin, Esq. July 27, 1983 - Mr. Stanley Corwin, Esq. telephoned Planning Board Office to inquire if a copy of the Planning Board resolution had been filed with the Town Clerk. Secretary advised that we do not file resolutions with the Town Clerk, other than original approved copy of Planning Board minutes. August 18, 1983 - Mr. Stanley Corwin, Esq. visited Planning Board Office and asked Secretary if he could review the Farr file to see if something should be added (to his letter? ??) Mr. Corwin asked how he could contact Mr. Raynor. Secretary answered, through me. He said no, you are not here on weekends and I am going to serve Henry. Mr. Corwin asked for Mr. Raynor's full name, wrote it down and left. Checked status with ZBA secretary; incomplete, no cross communication. August 19, 1983 - Mr. Stanley Corwin, Esq. telephoned Planning Board Office. He stated to the Secretary that he had spent $5 for a copy of the Zoning Ordinance, and he had a letter signed by the Secretary for Henry E. Raynor, Jr., for inadequate size. He questioned if this is the end of the matter with the Planning Board. Secretary stated she didn't know the answer to that question. Mr. Corwin stated that it would appear that all administrative procedures have not been exhausted. Secretary advised Mr. Corwin to pursue with the Zoning Board of Appeals. Mr. Corwin stated the Board of Appeals could not proceed without site plan approval by the Planning Board. Secretary stated she did not know anything regarding the procedures of the Board of Appeals, only that their decisions regarding substandard lots can override Planning Board decisions. Mr. Corwin asked if the Secretary was Mrs. Parr, what would she do. The Secretary stated she would probably ask the same question as to whether or not the matter could be reconsidered by the Planning Board. August 23, 1983 - 11:30 a.m. Mr. Farr came to the Planning Board Office, gave his name as Mr. Farr, handed papers to Secretary and stated Mr. Corwin advised these would be coming. Secretary asked if he was delivering them to Mr. Raynor or any other Board member. Mr. Farr stated that under law he could serve Secretary and she could deliver a copy to them. u\ 7!~1 'if 3 * * * * * * * * * * Kathrine Parr Site Plan - Stanley Corwin, Mr. and Mrs. Parr met with the Board for a presubmission conference for a site plan proposing the construction of a building for a yacht rental station and office bUilding for marine brokerage. This property is located in the Village of Greenport, not in the incorporated area. The building pro- l -- pg. (3) 7/11/83 IS posed would be used for an office bUilding and storage of equipment used to service the boats. Mr. Corwin stated they do not propose the use of more than four sailboats and one motor boat for the area and stated that customers do not generally leave their cars there during rentals because of inadequate protection. Mr. and Mrs. Parr will operate this business. It was noted that five parking spaces are proposed for this area. The Board will inspect this area prior to the next meeting of the Board. ( * * * * * * * * * * .>,. '::;0; pg. (8) 7/25/83 Kathrine Parr - The Board inspected this property prior ing. It was noted that at time of inspection five cars were parked on the property. Mr. Latham reported there were eight cars there on Sunday. Mr. Mullen stated the required area should be 40,000 square feet. It was the concensus of the Board that the area was extremely undersized. ( On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Parr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, wall * * * * * * * * * * EXHIBIT 3 Soulhold, N.Y. 11971 HENRY E. RAYNOR, Jr. . Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILUAM F. MULLEN, Ie. BOARD NOTES - DISCUSSION OF SITE INSPECTION JULY 22, 1983 - KATHRINE FARR TELEPHONE 765 - 1938 100-131 - Consideration to the public health, safety and welfare: (A) Traffic access - roadway narrow, excessive traffic during summer months; bicyclists, motorists and pedes- trians. No shoulder, no sidewalks. (B) Circulation and Parking - No loading ramp provided, adequate parking to be provided to prevent parking in public streets, hazardous for emergency vehicles to enter on the property and circulate. Flood plain - elevations noted as 3.6; 5.0' at road and 6.4' being the highest. Two story building required for the area. The poles obstruct parking and building; southerly pole is not indicated on the parking plan. The exposure of the electric line is hazardous. There is an overintensification number of uses for the property. Manhansett Avenue is wider than the property in question. The property is less than 1/10 of an acre, which is approximately 8% of the area required for C-Light zone. Proposed building to be 16' x 23'; minimum requirements as listed in bulk and parking schedule: Total area 40,000 sq. ft. Lot Width 200 feet Front yard 50 feet One side yard 30 feet Both side yards 60 feet Rear yard 50 feet Site to be used for storage of equipment, yacht rental and marine brokerage and servicing boats. EXHIBIT tf FORM NO.1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD. N.Y. 11971 TEL.: 765.1802 Examined . . . . . . . . . . . . . . . ., 19 . . . Application No. . . . . . . . . . . . . . . . . . Approved. . . . .. . .. . " . . . ., 19. . . Permit No. . . . . . . . . . . . Disapproved alc ..................................... ............... ..............-...... ... ........... ..................... ........ ... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date. . '!. !~i. . . . . . . . . ., lcB.~ , INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ,hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspe~ . ~ .. . . . . .. . . . ..~.. ?M...<-. ... . . .. . .... ... (Signature of applicant, or name, if a corporation) Pt? .75rr.,i.. ~(,..f? .C~nf... AI '1'" (Mailing address of af{plicant( State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .0. w. N ~.I:;...... . . . .. . . . . . . . .. ... . .. . .. . .. . .. . ., . .. . . . . . . .. . .. . . . . . . . . . . . . . .. .. .. .. .. . ... . ....... . "lame of owner of premises . .O.Y/N'.i-.Fi;..,... .KA.fhl!:../iJ.~. r:k.a..L................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. - (Name and title of corporate officer) Builder's License No. ......................... ,.-,- "'-- / . Plumber's License No. jq. .-"16.. .~f.(5.c,--(Cd.. Electrician's License No.t,. .. ~~ . .. . . ... . ./~. . . . .. Other Trade's License No. ..................... I. Location of land on which proposed work will be done. ......................-. -.. ,_..... ......... ...... /1.o.tJ. . .Ii (J^-!rwlI.$ft', f.. k Y/i?. . . . .. . . . .. . .. .. . . . . . .. . . . . . .. . ;;'.re.~fi. '-! rl?rr:.-'f:; . . .. . . . .. . . . '" House Number Street Hamlet , County Tax Map No. 1000 Section ...tJ.~4.......... Block ...0.5"........... Lot....~/............ Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. .... -:-:-:-:- . . . . .. Lot . . . :-:-: . . . . . . . . . (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....V k?-k'N:1: . . ""Jr."-/. D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy .,. Qf.;::.I.c:...~. . .1. .'~r.QK. k~.e. ......... ........................... 1='VJ.rTPT'T' S- 9. 10. II. 12. 13. 14. 3. Nature oiwork (check which applicable): New Building.. .~. . . Addition. . . . . . . . .. Alteration .......... Repair .............. Removal . . . . . . . . . . . . .. Demolition .............. Other Work. . . . . . . . . . . . . . . . (Description) 4. Estimated Cost..... .~/. 'Pi)P.c?P..................... Fee...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units. . . . . . . . . . . . . .. Number of dwelling units on each floor. . . ~. . . . . . . . . . If garage, number of cars ....:-:-:-:-................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. . .C:l?tf.l:o/.~.I!,.~.I.". !-: . . . 7. Dimensions of existing structures, if any: Front. . . . . ."77. . . . . . . Rear ......~...... Depth.. -:-:-:-. . . . . . . . . . Height .....:-:-........ Number of Stories. . . . .-::. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front ..... ~. . . . . . . .. Rear..:-:-:-............. Depth.. . . .. .. . ."':7. . .. .. .... Height. ...... . ... .~.. . . .. Number of Stories... . ..~. .. . ......... 8. Dimensions of entire new construction: Front . ~.~."': . .~ ':+:'1-. pl-Ite'ir . . . . . . . . . . . . . . . Depth ............... Height ............... Number of Stories. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .'. . . . . . . Size of lot: Front .$F.~. ~ ".-r~ . . ?~-A";.. Rear...................... Depth .; i': . . . . . . . . . . . . . . . . . . Date of Purchase J.",,~J..... ~8J. . . . . . . . . . . . . . . . . . Name of Former Owner ~.Al1:e*"1.I.d:--.TF..&.~'Je>lY. 41). . . . Zone or use district in which premises are situated. ': <::., ~'. .1.,-).'1 n:1:'. . I N'D t/. $~,e./~.t.... . . . . . . . . . . . . . . . . . . . . . Does proposed construction violate any zoning law, ordinance or regulation: . ''1'''-::::>. . . . . . . . . . . . . . . . . . . . . . .. . Will lot be regraded ...... .WP. . . . . . . . . . . . . . . . . . Will excess fill be.removed from premises: Yes >< No Name of Owner ofpremisesK...F.~'kIk.......... Address~?.;1,2.D.~NN.i?.b. OaiUJTPhone No. "/ .1.1.-.ql.~.4...... Name of Architect ....... ;$f'.Y 1=; . . . . . . . . . . . . . Address. . . . . .;s..."l'1" . . . . . . . Phone No. ..'.'. . . . . . . . . . . . Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. ............... PLOT DIAGRAM . Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. SE: E S /) IE ?t-At0 STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . .. S.S ..... .............................. ..... ......... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . . ., 19 . . . Notary Public, ................... .............. \ County .. ... ..... .... ........... ,.. ,.. ............... (Signature of applicant) .r FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. ............................... To t;;;71.:.I'X/.?<5.. .~r.~.......... .. .f:.rl.:.. ~X'. ..K.?........... ~ -/ /, c..r o~ . --- .. 17*<DCaflP././ (.N'I:' .11'/...... PLEASE TAKE NOTICE that your application dated . .~I-./.!... /.~......., 19?.:f.. forpennit to construct . .~C:.G. (.~~.. .OCl/1;;;,;{i................... at Location of Property . /(.9.<:;)..... .HC?nl?F;J.r.J.~9.. . .~...... <:fi-;cE/.ZR.o.r.7; 4 '7. House No. .' Street .r . Ham/et County Tax Map No. 1000 Section ... 9..?~. . . . . Block ... 9.:?:. . . . . . Lot .Q. O)/. . . . . . . . Date.. /(r?~(/... .(.:::......, 191-!.. Subdivision. . . . . :-:-:-. . . . . . . .. Filed Map No. ....:-:-:-......... Lot No. .... ~ . . . . . . . . . is returned herewith and disapprove~ on the following grounds /?t??;p.C?f/::r7.. Y(.fe: . >J/. . . . jJf.<"/.J1ISC5... ~r.-.. .k~~. .c(. .i5.l:-Ol:er.~... r.o/ ~(n;;,.. fP.~(!(;;;1 CM2~0:?1. . -7f.0?J1. . . 4!r:;!!!!l. .k,~r;/. q:(.4'~/?. .(.~/7ii.;ChrJ . c5f/~/':Q1;,0!1.-#~. .I?;Gd~.. $o?5J.f:c1.. .NJ~///. ..5::cJ.I9Q-:JJ. 3('~)(t,,_ Ik~OSCd ~/k{.i:--r.'l dOcS t?o7 9 /??c€7' re'1u/n=c/ -h-~I r ....e;;~.. U-ttvu~ /' Building Inspector ~rO:r 'YfS>rcI~ ~c?(//rc;: rar- e j)Is7 .r\)",/ kU/ ..)€C!.. /00 -,;;'1 RV 1/80 lSu/ -e. .5c/~ Gd~/e . EXHIBIT &, - }:r.:iV~D r ( \, TOWN OF SOUTHOLD, NEW YORK APR 1"11=-:J APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO, .:3 II 7 ~ DATE .4./)1/83","' TC\'ffl Clark Southohf TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, (We) ,..~",,~.ll,:r;~;tl.E'l....F..<l::r;:r.'''''''''''","''''''''''h...............of..37~.?Q...t1g;j,I)....RQ...JMail.:....P'Q..,.Bax..56 8 Name Street and Number Greenport NY) ...................O.r.i,ent........................................................ Mwlicipality ........,.....New.. york.......,.......... ,....,.......,..............,....... .., state hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE VIII SECTION 100-81 bulk Sched & 100-80B SUBSECTION ( 9) (14) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Proposed use of premises for Marina & Brokerage requires special exception from Zoning Board of Appeals & site plan approval from Planning Board. Proposed building does not meet required front & rear yards required for "c" Dist. Property is located atllOO Manhanset Ave., "c" Light industrial zone, Map 1000-034, block 05, lot No. 021, Greenport NY STATE OF NEW YORK) J,?", ) so COUNTY OF >4-01' ) Sworn to this ............/4........ day Of.....~II..........., 19...!...?... ~U(~..........'t;......~.1c.:(.~.."'".. Notary Public ,...,...~~"'...2...'CkJ-........................... Si@ature THERESA E. HARMAN Notary Public. $!ate of New Yort: No. 52,4665677 Qualified in Suffolk County t-4 CommiSSion Expire. March 30, 19,L FORM ZB2 EXHIBIT ? ~. '''t:~::' ,.:~ TOWN OF SOUTH OLD, NEW YORK '):( l -. .. ,1. . 'APPEAL FROM DECISION OF BUILDING INSPECTOR _::) / /' (J APPEAL NO. --J ~ DATE ....4/.-1i/33......... Tcwn C;.:;r:< ~oui.~old TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH OLD, N. Y. Kathrine Farr . 37220 Main Road 1, (We) .... ..................of ............................................................................ .............N~~~..~f..App~ii~nt.... Street and Number ......................... Or.i.e.n:t...... .................................... ............ Municipality ........~X................HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 7/16/82 APPLICATION FOR PERMIT NO. .................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................. Kathr.ine ...Farr.... ............................ Nome of Applicant for permit of 37220 Main Road, Orient, NY (home address) Box 56tSi~tie'S~J.;\if~;'NY'''{ ma.t:t:i:~':;~~~d1if~S'1"""""'" 'si~i~'"'''''''''''''''''''' PERMIT TO USE (Xl PERMIT FOR OCCUPANCY ~xisting parcel as (X) ~~gg~~ld~~~2p~fnRr~~~~e~n!~~ ~~r!~~p~~~ ~r~ff.~a~T~~eg~~~~~~l 1 . Lcfc!?Try o~\3.flfFlEgpRbCf,~Rfv . HOD.. .Manhans.e:t..A v..e.. .~~.~~~. ..light ..~P"9,).g~ :t.r..:i,..~;J,... Street Use District on Zoning Mop 1000-034 Block 05 021 'M~'~" N~'" ... ...,. ......... .... .,. .... ......... 'L~t' .N',;:.............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectian, Sub- section and Paragraph af the Zoning Ordinance by number. Do not quote the Ordinance.) Art. VIII SEC 100-80 B(g)(14) A~t. VIII SEC 100-81 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (:lIl A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State af New York Town Law Chap. 62 Cons. Laws Art. 16 See. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such Gppeol wos ( ) request for 0 special permit ) request for a variance and was made in Appeal Na. ..."..................".."...Doted ...................................................'................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ( ) A Varionce to the Zoning Ordinonce (t) We request permission to use property as a marina for docking and mooring of all types of boats; & for yacht brokerage. is requested for the reason that Proposed use of premises for Marina & brokerage requires special exception from Zoning Board uf Ap~eals & Site plan approval from Planning Board Art VIII Sec 100-80 B (9) (14) Proposed building does not meet required front & rear yards required for "C" Dist. Art. VIIISec 100-81 Bulk SchedulJe Form ZBl (Continue an other side) EXHIBIT g ~ ,. 1"' J , l_." REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar', HARDSHIP because We cannot make any legal use of property because of size of lot. Property is an existing parcel. 7 Tho hardship created is UNIQUE and is not shored by all Draperties alike in the immediate viclni1y of this property and in this use district because parcels in the vicinity are of. sufficient size to permit erection of buildings. 3 The VOrlonce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARI\CTER OF THE DISTRICT because proposed use would be in conformity with adjacent uses. ST t.TE OF r,EW YORK COUNTY OFSc.c~" Ik.. ) ) ) ss ~ . --J_ ..................~~......T:~.................. Signature . Sworn t,~, this j1--rl1 ................ ..""...................... I~ i ill, ;\ I ~~VJj~.~ J - Notary Pu day of .. Apr9I.......................... '..I?~ 190 MARY C~SS l/ rf'1n'!I~nE t.:OTARY PU311C, :10d of NtJW York t'-.l{,. ) . r;r.;' ~ .:; C ,.,1;: . i~. .' 'I;, . '.~'>;(". , '/ ~ ';:, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGDNIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ( ( Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLO. L.I.. N.Y. 11971 TELEPHONE 15161765.1809 April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, be held in abeyance pending receipt of the follow- ing: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let your proposals. to call. us know when the Planning Board has-acted upon If you have any questions, please don't hesitate Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Planning Board Building Department By Linda Kowalski, Secretary EXHIBIT 9 . 1-14;-;-- PIlt2.k:./~5 Dzr AIL 17:;3.!:.- GJ. fr. I I I I 'I ~; 'J-; ''''i'' 3S"~_ I ?h'7 I I I ,j , "I OS5' -nul! ___ - --J~ .:;~. ~'---~. . \\ ~ FARR PARKING - Plan "A" This parking layout has 2 objectives: 1. Customer Parking. Each of 5 spaces has at least 350 S~. ft. with a min~mum ~idth length of 10' x 20'. 15% of our customers come by traln or bus. 50% llve wlth- in one hour of Greenport. Of this group, about one third have family members drop them off and return home with the car rather than leave the family short for"a week while the second car sits unused at the parking area. The balance of customers park their cars for the week. Those cars usually don't move in or out of the space except once at the start and once at the end of the charter which averages 5 to 7 days. In short, our parking needs are quite different from the downtown retail-type, in & out parking requirements. 2. Park-like setting. Narrow planting along the bulkhead has been placed to shield homeowners across the water from the view of parked cars. Planting along the road helps to. shield view of cars from those driving South on Manhanset Ave and a 6' fence shields the lot from those driving North. As a practical matter we tested the bulkhead parking area using 6 cars (1 Cadillac, 1 Mercedes, 2 ford Monnarchs, 2 VW Rabbits - a fairly typical mix of sizes). All of them fit in the space officially designated for only 4 cars with ingress and egress available to each. We believe that this parking will prove more than adequate for our limited needs. Finally, we have 2 enclosed, off-site spaces reserved for those who would like very secure parking for their cars. JUN 7 REC'O \ J ,1"1-;. -1_' -I..; .J,--1.Js <J~f "::'.(,:~ CS~ I I I .).=J'l-: ,::-sf: ('If-OJ. '00"':; <tOftl - -c;a. N'vIia. " ~ ----i,vF':]-CC .'/V.''5f-:ii V <L - .~'":ii "lid. , .' "'=: t5 "'{ ~ ...... I ~ 0:'J , ~, I ,...... I ~ , I ':0 , I '. , ~ I 'l ( :-- I '--.J I I '..'. f c.... c:: <: -~ ~ 'l::J ~, =oj ..(. - ;.. ~. #4/1//7. 4/1/Sc/ ~Or Yc: ..?/'o ,f Os <>~ ~ r: ~ .. <'03 ~ . 'V6' .9386' \ , \ ! JOOI? rrOrr/,.. "~ ,,/ ~ ,../ ' . f ~ ~.. "a:s: _~, ;gO SQ. I..I~"P ['1ST SECT 'i_':) 034 FT. 8L K JS LOT 021 .; ';'.~ j'( I'.'.'. f F .." lClrut-.1 ~ ---= /' (; ( ( , \ , \ \., '........ ~ /' '-, ,~ -........., ........ ", ", - , , , , I I , , I I I 1",1 i'1 1"'1 I'" I"+- "" I~I ("'I "1Z0PO~EO /~I c~A;;; C:::: 0; ~O~ GAL., Se;.PTIC I I CONe.", WI c..1. COVE.1Z '57'2~~___,~____ S..J4()57'20'E. ~L~ ---r-- 4 4.99 -- CJ :::-. ~scr [ r/ ............-------~IY.<<OO?:,;0-;;-:1 ~l/...,. .......... 33JO' IP. I ~II;.' "'i. oN: -... '~r POL ~,.f.PP..p; -- - . fi., E _I.;. ~~~~ ~ - N rlE .... :--....' .<'~DSJiO'~'Y :..! tQ -- - . ---- ~.~. ~- -- ~.',," '" . '" .- ,-' ~ EL: '.I AVENUE S34( "'"'- " /-r-'-. '-'/CIr'L/NG i.IN~S -' -~ ---""./7':.1 , , '" '.J . .JIIII ......"/ ii ~ " :~i.o-Lf: "'c .oi)~r...... ~..... -- . !'l '" "" .... UNAUTHORIZEO ALTEUT"OIlI Oft AOOITlON TO THIS SURVEY IS A 'Il";....TlOH OF SECTlON 720. OF THE HEw YO'U'k nAT[ EDUCATION LAW. COfI'ICS OF THIS sullvi'" ....... NOT llU.IIING TM! 1.1.1010 SUltV(YOIt'l. I'UC(O UAL. OR [M'OSSEO SUI. IMAu,.L HOT It CON:!IIO(fttO TO It .. VALID TIIUltCCW'l GU"""IrITEES INOICATr6' "UlON SHALL fIIUN ONLY TO fMt P[R'ON~,,'OIll WHOM hit JUlNt'r IS IlIll(PAlllO, ..,-...D ON HI' '[HALF TO TM! TITI.E co..,.....'. IOVIIINIIl[NTAL AO[Ney AND UNDINll ........TITUTION L1SHO H[IIlO"., ....0 TO THI: "jAIII'''!(S OF THE L[NOIHG IIUITITUTIONt I tU.,.AIIll[U Mil[ NOT TIIAHIl"U"'Lf 1'#0 ADDITIONAL INSTITUTION. ()III .ue.._OUCH' OWN[I". .-, -. .- "- i'2. Gl>.I.')C'2. ~ '2.4 GAL. PeDVIOE:.D -(I )900 GAL.. ~e.l"'nc TAr-Jk:. (I) 8'.O'PIb. 'I- '2.' V~ LEOACt.lIt-.!G. n;oL. ~ So sa, !=T, SIVI<. WALL Al2eA oe A eATE. ov 75 GAL/PAY EL : 5.0 r.:1//JK -.. P120P05SD CES~POOL/ C.!. covel2. - T /covt::e.. ELEV. (P.o Use. (I) el"-l6' b'-O'VIA. >< '2,' DEEp ,W/Tel>..F"F:I Tap. , NON. SET POLE' /~ -"'- ,'" \.O~ ;" o~ ~ ~ o~ -.::10 ~~ '" <:> - ~ o -=: -=- "" 'P\. ... MON. FOliNO 0.80' S ..,.+ t> ) ,...- .' \ ,.0 ~ _ w,crC/f MErcp. II' --~---~ f 1_?2~f'0SE.:::11 . I i>1~_~?:ro:aY II \, I I ....r-...K_E.. ~ II '" I .1 5T'Ot2AGF. fuJc.l r \ 131 LO II :.,:..",. .".."r. ~ ....q(jI.f~ '2...0 "5TY .1111111' ~ECK "'n:")II!!.1 -lJU I ) N. ,?~o'8' .... c "'0" IP. '" ',.., ~ "'.. ... ". ~. "'. Q,\\\- ~~\o, "... ,-1 ""'\.\ \.. ~.," '\\~- I ~ ~i-\\ 90.0.9 ~ -..- .'; ",,?> ,tlt// \.'.' , f. (,;.... ~ ':"'.- "/ " / . POLe ~7- <, '" ~ -< ~~ ~~ p~-- h& : "-J_Jr::';---;<:::: _ _ r u.I2KIAi-~c::...o G4p",," - '-" --- -- --... -- --.. --- -- -- -- ~ B4S/N --. " RE (ISIONS YOUNG & Y'OUNG 400 OSTRANDER AVENUE, RIVERHEAD. NEW YORK M.A.' ''2~, I'IB2> ALDEN W. YOUNG PROl"IE1I810NAL [NOINIEl[" AND LAND SURVI[YOR, N.Y... LIC. NO, 12l!l45 o HOWARD W. YOUNG LAND 'URVr.YOR N.Y... LIC. NO. Atle$3 SITE.. PLAt-.! Foe. KATHRINE FARR AT GREENPORT TOWN OF SOUTHOLD SUFFOLK CO., N. Y. BY SCAL.E: ,"= 20' DATE: .. South old, N.Y. 1 1971 HENRY E. RAYNOR, Jr. , Orai,ma. JAMES WALL BENNETT ORLOWSKI, Je. GEORGE RITCHIE LATHAM, Je. WILUAM F. MULLEN, Jr. TELEPHONE 765.1938 PRESUBMISSION CONFERENCE - Kathrine Farr Site Plan, proposing Marina and BrOkerage Sales. July 11, 1983. Present were: Chairman Henry E. Raynor, Jr. Member G. Ritchie Latham, Jr. Member William F. Mullen, Jr. Member Bennett Orlowski, Jr. . Building Administrator Victor Lessard Attorney for applicant Stanley Corwin Applicant Kathrine Farr Husband of the applicant Mr. Farr Mr. Corwin: The use that's proposed to be made of the property which consists of a triangular piece at the head of Sterling Creek in the Village of Greenport, not the incorporated Village but the Greegport area, is as a yacht rental station and office bUilding forXmarine brokerage. We have submitted a plan in- dicating a proposed building which would be in the nature of an office building for the storage of the small amounts of equip- ment that are used to service the boats as we turn them around from rentals which go through day or week or varying periods. The operation does not require any considerable storage of automobiles and we do not expect that there will be any traffic at all to speak of or present any kind of a problem, traffic wise nor police wise. So far as the site develOpment plan elements are concerned, we are prepared to submit about every- ting that's called for in the statute, except that there are of course no easements, setbacks, reservations such as you have in a case of subdivision or something of that nature. There are nothing in . . . g~hQ~~d restrictions that are applicable to this. I think tRat^~ffe Board might target to me questions that it has if there are any as the quickest way to come to a decision rather than to have me say a lot of things that really are'nt necessary to you. EXHIBIT II .' , " pg. (2) 7/11/83 Mr. Raynor: Councel, I think it's incumbant on the Board to go out and physically inspect the area for one, before we would get certification under the ordinance. Could you give us any idea on the client projections of the possible number of park- ing spaces that would be required for something like this as an estimate? Mr. Corwin: We think four would be more than adequate. Mr. Raynor: So in essence you're saying probably you would'nt use more that about three or four vessels on a turnaround, assuming they use one car for each boat, something of that nature. Mr. Corwin: On the occasion of a rare daily rental perhaps a car or two might stay there for one or two boats. But for longer rentals it is - it has'nt been the custom in the past when the operation was, in other places, for people to leave their cars on the site where there was not adequate protection. We don't feel that there is adequate overnight protection. It's too much exposure to what goes on up and down the street there, especially in the summer time. We wish we'd recommend to a client or a customer that they leave the car there; we make arrangements "to put" it somewhere e"lse during the day and with the operators and an occasional customer. This is not a traffic generating . . . Mr. Raynor: You're thinking it as more of a drop-off situation- pickup? Mr. Corwin: Yes, that's right. Mr. Raynor: I would imagine that it with all types of p~rmits looking at posed construc"tion of the building. our area. Any Board member have any probably would be incumbered its location for the pro- Fortunately that is"not in questions, Mr. Mullen? Mr. Mullen: How many employees do you anticipate having there? Mr. Corwin: None. This is a co~poration. It's really a closely held corporation, husband and wife Mr. and Mrs. Farr, and there won't be any employees. They service the boats-themselves. Mr. Mullen: Well then, I should say, how many people will be working therer two. Mr. Corwin: Two. Mr. Mullen: Thank you. Mr. Raynor: Anything else Bill? Mr. Mullen: No that's it. " pg. (3) 7/11/83 Mr. Raynor: Ben? Mr. Orlowski: How many boats will be docked there? Mr. Corwin: Well, at the present time the corporation is con- trolling four (4) boats which are used for rental. And should they be all there at one time we think that that's about the maximum number that can be accommodated with safety. And while, in the future we would expect to control many more boats with a much larger operation, not necessarially confined in this one place. We don't expect to be using boats in that particular location of a greater number than we presently have. Mr. Orlowski: So there would just be four (4) boats there? Mr. Corwin: There are four sailboats and there is one motor- boat which is owned by Mr. and Mrs. Farr, servicing going out in to rescue operations, something. Mr. Raynor: Mr. Latham? Mr. Latham: Is there a possible overflow of parking on Manhassett Avenue? If there was'nt any parking they would park out there, would'nt they? Mr. Corwin: On a very limited basis. There is no prohibition against parking there as far as signs are concerned, or any town ordinance of which I am aware. But cars just do not park there. The actual used road is hardly more than two lanes. Mr. Latham: Yes. Mr. Corwin: And if we required overf low parking it would not be anywhere in the vicinity of the site. Mr. Raynor: six possibly ccommodate It looks like you'll probably have about five or more, maybe seven or eight spaces, on site to ac- Mr. Corwin: Five? Is that the way it says there? (directing question to Mrs. Farr) Mrs. Farr: Inaudible. Mr. Raynor: I'm just using the ordinance criteria. guess we have asked enough questions, so we've got a idea of what's proposed down there. The secretary turned the cassette tape off. The Board will in- spect the area. Okay, I reasonable MINUTES RECORDED FROM CASSETTE TAPE PLANNING BOARD MEETING JULY 11, 1983 BY Susan E. Long, Secretary Southold Town Planning Board ...:....":~L<_..' - , U ,\~ -" P~1<.D To~~of~~tt-~Q1D i' "-, '~l\ \ """,,,,,Slf _ c' 1--1 I.~. . -, .,'-;' , "~I,t1~..-,,~ ~ :04 SUJ~F()r;K ~OU~y \;:"'~", ".,~~\ N ~- :J.'(j'1 ~ ,\'0 ' "'>7' '., 1. ~ 'a ,\ ,..-1 ..... ,1 Southold,N,Y.1197l HENRY E. RA Y~OR. Jr.. ChairnuIn JAM ES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. WILUMI F. MULLEN, Jr. TELEPHONE 765-1938 July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25, 1983, the following action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office bUilding for a marine brokerage, located at Greenport, becaus,e of insufficient area. Very truly yours, HENRY E. RAYNOR, JR., CHAIR~ffiN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appealsv'/ EXHIBIT / c2 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHDLD, L.I" N.Y. 11971 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGDNIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG LASS JOSEPH H. SAWICKI August 18, 1983 Stanley S. Corwin, P.C. 634 First Street Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Applications of Kathrine Farr Dear Mr. Corwin: With reference to the above matters, please: (1) let us know whether you plan to re-submit amended plans to the Planning Board for their reconsideration, and if so, whether you will be re-submitting the same with our office for processing? (2) provide us with copies of the August 1983 plan prepared by Young & Young which is pending before the Health Department in order that review can be made in a timely manner in the event that plan is approved by the Health Department in the near future. Your reply is awaited in order that we can further process these applications. Yours very truly,- cc: Planning Building Board /' Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary (:\?,VL\ .1" < \ \ ' . EXHIBIT /3 ( I r L I ~. ....'.. . , , . J ----~--~-------_._.- --- ----_.-._-~-_.__._--------_.~- (- ( , Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GDEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI June 21, 1983 Ms. Kathrine Parr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales DC-Light" District Dear Ms. Parr: This letter will acknowledge that the board is in receipt of the requested site plan prepared by Young & Young March 7, 1983, revised May 23, 1983, and parking plans, which were sub- mitted to our office June 13, 1983. In reviewing the plans at a Special Meeting held June 14, 1983, the board requested that the following add~tional informa- tion be included in the site plan inasmuch as it appears these are or may be part of the proposed use(s) of this property: 1. The size and number of boats to be chartered; 2. The size and number of boats to be moored or docked; 3. The period of time the "chartered" boats w:ill be docked; 4. Is any outside storage of materials, boats or equipment anticipated on the premises? Please keep us advised regarding developments with the Planning Board. lk Yours very truly, ~f'it~~ 'J~~ GERARD P. GOEHRINGER ~ CHAIRMAN EXHIBIT /'1 ~ June 24th, 1983 L-uL 1../.7. ?/f3 Board of Appeals (;W Town 01 SOllihold Mr. Gerard p. Goehringer Southold To~m Board of Appeals Main Road Southold, N.Y. 11971 Dear Mr. Goehringer, Thank you very much for your letter concerning our appeals Nos .3117 and 3118 for IlJarina and brokerage sales, "c" light industrial district. Upon advice of Counsel we must decline to give an upper limit to size or number of vessels which may be owned by the Company; however, as to mooring or docking of vessels, no more than can be handled and m~naged so as to protect pUblic safety will be on the premises at any given time. As to the length of time the "chartered" boats are docked, there is no set minimum or maximum limit. Finally, we do not anticipate much outside storage of materials, boats and equipment although some may occur incidentally to the normal conduct of such a business. Thank you for your consideration of our application. If you have further questions, please let us know.. Cordially yours, ~?~ Kathrine Farr cc: Stanley Corwin, Attny, First Street Greenport, NY 11944 EXHIBIT IS r r Southold Town Board of Appeals MAIN RDAD - STATE RDAD 2S SDUTHOLD, L.I.. N.Y. llg71 TELEPHONE 15161765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 5, 1983 Mrs. Kathrine Parr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina, BrOkerage Sales, etc. Dear Mrs. Parr: (J () f Y In reviewing your letter received June 27, 1983, please be advised, pursuant to a Special Meeting of the board held June 30th, as follows: Your applications, Appeals No. 3117 and 3118, are con- sidered incomplete and must be held in abeyance until complete, for the following reasons: 1. Your files indicate you are requesting several uses of the property. Site plans depicting those uses in their areas as proposed is required. Please file six copies. 2. Your refusal to provide the information requested by our letter dated June 21, 1983. 3. Your letter received June 27th indicates you are propos- ing outside storage and has not been depicted in your files. 4. Health Department approval has not been received. A copy of same should be filed with-our office upon receipt. Please let us know when you intend to furnish the above. lk Yours very truly, ~~~~,.L"~j GERARD P. GOEHRINGER ~ CHAIRMAN {, - EXHIBIT / ~ ( . ( ~:~'.~ ~ ~'. STANLEY S. CORWIN, P. C. ATTORNEY AND COUNSELLOR AT LAW 634 FIRST STREET GREENPORT. NEW YORK 11944 Telephone 516 - 477-0031 July 21, 1983 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer Mrs. Farr has asked me to reply in her behalf to your letter of July 5th. You mentioned four incomplete items as the reason for holding the appli- cation in abeyance. 1. Multiple use of the site. Preliminarily I request that the bca rd take into consideration the position of the applicant. She is asking for uses permitted in a particular zoning category enumerated in the statute. Doubtless she should expect to be limited to what- ever uses are granted and they, in t urn, will necessarily be governed by her request. Mrs. Farr now conducts a yacht brokerage business. At most, it involves a telephone, a notebook, a list of prospects, a list of boats for sale and their lo- cation, some photographs and business records. It is the kind of "business" one could conduct out of an office, a home, a car. Fairwind Yachts, Inc., the corporate entity through which Mrs. Farr and her husband own, charter and rent boats, seeks to use the site for that operation. In specific language, the statute does not Cover either operation. The yacht brokerage business could be covered under the "office buildings" or "retail sale of boats" categories; rentals could use as a Cover "marinas", "boat servicing" and perhaps other permitted categories. Considering other uses which can be permitted in the zone in question, it is hard to think of two cleaneruses, those that would be least likely to interfere with the health, safety, welfare and morals of the people of the town. With respect to separate site plans: let us suppose that upon the completion of a rental acustomer observes to Mrs. Farr: "I'd like to have a boat like that. " EXHIBIT I J . ( . ( . Mr. Goehringer 2 July 21, 1983 Mrs. Farr happens to know of just such a boat for sale, mentions it and goes about the "business" of selling. That, of course, could happen anywhere on the site. In the light of such a ci rcumstance any requirement for separate site plans for separate uses is really meaningless. 1'm sure you would agree it would be rather absurd for Mrs. Farr to have to say to the customer, "please step over here to talk about sales. " She might just as well step into the public highway. Accordingly, your re-consideration of a requirement for separate use site plans is requested. 2. The number of yachts. When your asking of this question was presented to me my immediate reaction was the number of yachts Fairwind owned was of absolutely no concern to the board. Among other reasons are these: (a) the number owned has absolutely nothing to do with use of the site, (b) once the site is: zoned there is no legal req uirement that Fai rwind be the occupier: another entity might have an entirely different set-up, (c) the applicant's response will become a public record and might well be of more use to a competitor than the board. Fairwind expects to own or charter scores of boats, working out of many ports in many states and foreign countries: to answer your question specifically, Fairwind expects to own or control for charter over the next five years between 20 and 250 boats. Fairwind is simply unable to make any representation as to the length of time it expects to continue an operation at the site in question. The boats range in size from dinghy to upwards of 60 feet. So far as use of the site in question is concerned, the boats will generally range from 26 to 33 feet. In early or late season, or during a bad-weather mid-week, as many as 5 boats might be moored. Ideally, of course, only one would be in for a turn-around at a time, but ideal conditions seldom exist. How long a given vessel might lay over cannot definitely be stated. Ideally, again, it would Qe overnight, but pragmatically it will depend on weather conditions, business arranged off the site and in other ports. We can only suggest that at no time will there be moored at the site a greater number than can safely be secured. The applicant is very much aware of the limited surface riparian rights available. 3. Outside storage Any indication of outside use is specifically withdrawn. There will be no . July 21, 1983 outside storage as a contemplated use. Permission for such use is not sought. 4. Health Department approval. Because of the size of the lot and proximity to tidal water a disapproval of a private sewer disposal system was necessarilt encountered at the lower permit- granting level, where rules prevent the exercise of discretion. The appeal from that level to the appellate review board has not been scheduled, although it is anticipated it will be held on August 5th or 12th. The division head, Herbert W. Davids, P. E., informed me that Riverhead was scheduling hearings subject to Mr. Aldo Andreoli, the chairman of the appellate panel, who is stationed in Hauppauge. Mr. Andreoli is presently on vacation. His secretary referred inquiries to Carol Hunsigner, who is Robert Jewell's secretary in Riverhead. Carol referred inquiries to Andreoli. Mr. Jewell is "in the field". These things make "in due course" a rather long time. We are dealing, a you know, with multiple boards and agencies on what is relatively a rather simple application. It is not economically feasible for one to get one complete approval and then move to another agency: the mere passage of time is costly. We would appeal to you, therefore, to do as much as you can with the application at this stage. As others act on related applications we will of course advise you promptly. If, for example, lack of Health Department approval is all that is necessary, we would request that you grant permission conditioned on such approval. Very truly yours, -- ---. ....'\ ( , , ',~ C ..;-{ ~'~---- Stanley S. Corwin cc: KF Members of the B=ard