HomeMy WebLinkAboutDraft Generic Environmental Impact Statement 1988DRAFT
GENERIC
ENVIRONMENTAL IMPACT STATEMENT
ON
PROPOSED LOCAL LAW OF 1987
AMENDING THE
TOWN OF SOUTHOLD ZONING ORDINANCE
FEBRUARY, 1988
Ltd.
ENVIRONMENTAL CONSULTANTS & PLANNERS
S/II
RECEIVED
/ Sonl~nl~ Tnwn
DRAFT
GENERIC ENVIRONMENTAL IMPACT STATEMENT
ON PROPOSED LOCAL LAW OF 1987
AMENDING THE TOWN OF SOUTHOLD ZONING ORDINANCE
SA! L,~.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
DRAFT
GENERIC
ENVIRONMENTAL IMPACT
on
PROPOSED LOCAL LAW
AMENDING THE TOWN OF
Prepared by:
Prepared for:
STATEMENT
SOUTHOLD ZONING ORDINANCE
David J. S. Emilita, AICP, Town Planner
Szepatowski Associates, Inc.
Town Board
Town of Southold
53095 Main Road
Southold, NY 11971
516/765-1800
For Further Information Contact:
Date of Acceptance by Town Board:
Last Date for Comments:
David J. S. Emilita
SA I Ltd.
t~NVIRON/VlENTAL CONSULTANTS & PLANNERS
SAI
TABLE OF CONTENTS
PAGE
A. Scope ............................................... 1
B. Purpose ............................................. 1
C. Description of the Proposed Action .................. 2
D. Description of Environmental Setting ................ 13
E. Significant Environmental Impacts .................. 42
F. Alternatives ........................................ 48
G. Irreversible or Irretrievable Commitments
of Resources ........................................ 52
H. Mitigation Measures ................................. 53
I. Growth Inducing Impacts ............................. 61
J. Effects on Energy Resources ......................... 62
K. Studies & Reports Utilized .......................... 63
Appendix A - Master Plan Update Summary
Appendix B - Text of Proposed Local Law
Appendix C - Reprint from LIRPB Non-Point Source
Handbook on Coastal Water Protection
Appendix D - Industrial Performance Standards Town of
Brookhaven and Suffolk County Department
of Health Services
I:NVIRONMENTAL CONSULTANTS & PLANNERS
SA!
A. SCOPE
Pursuant to the Positive Declaration dated May 1, 1987, it
was determined that a generic environmental impact statement
should be prepared to assess the proposed zoning amendments
so that individual actions by the Town or by private agencies
carried out in conformance with the Master Plan, its Update,
and the Zoning Ordinance amendments adopted by this Local Law
will require only site specific environmental impact
statements.
The report entitled, "Master Plan Update Summary", from which
the proposed Local Law evolved is adopted as a part of this
GEIS and will be found at the end of this document as
Appendix A.
The full text of
GEIS and will be
Appendix B.
the Local Law is adopted as a part of this
found at the end of this document as
B. PURPOSE
This generic environmental impact statement (GEIS) will
address the following aspects of the proposed Local Law:
1. The marine business zoning text and map designations.
2. The light industrial zone around the Cutchogue Landfill.
3. The creation of a one-acre zoning district.
4. Sage Boulevard Zoning.
5. "Norris Property" Zoning.
6. Hamlet Density Districts.
S/Il ,,,.
ENVIRONMENTAL CONSULTANTS & PLANNERS
S/Il
C. DESCRIPTION OF THE PROPOSED ACTION
The proposed action is a Local Law comprised of a
comprehensive set of zoning amendments to implement the
Master Plan Update of 1985. In the GEIS the words "Local
Law" and "zoning amendments" will be used interchangeably.
Two major elements are zoning map amendments and zoning text
amendments. The map amendments will be discussed first.
The following list contains the zoning districts as they
appear on the proposed zoning map. All the districts are
newly named except for the B General Business District.
Map Code Title
A-C
R-80
R-40
R-120
R-200
R-400
Agricultural-Conservation District (Two acre minimum)
Residential Low Density District (Two acre minimum)
Residential Low Density District (One acre minimum)
Residential Low Density District (Three acre minimum)
Residential Low Density District (Five acre minimum)
Residential Low Density District (Ten acre minimum)
HD
RR
RO
HB
LB
B
MI
MII
LIO
LI
Hamlet Density Residential District
Resort Residential District
Residential Office District
Hamlet Business District
Limited Business District
General Business District
Marine One District
Marine Two District
Light Industrial Park/Office Park District
Light Industrial District
These new districts are described as follows:
1. The A~ricultural and Single Family Districts
SAI
The purpose of the A~ricultural-Conservation (A-C)
District and the low density Residential R-80, R-120,
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
2
R-200, and R-400 Districts is to reasonably control, and
to the extent possible, prevent the unnecessary loss of
those currently open lands within the town containing
large and contiguous areas of prime agricultural soils
which are the basis for a significant portion of the
town's economy, and those areas with sensitive
environmental features including aquifer recharge areas
and bluffs. These areas also provide the open rural
environment so highly valued by year-round residents and
those persons who support the Town of Southold's
recreation, resort, and second home economy. The
economic, social, and aesthetic benefits of limiting the
loss of such areas are well documented and have inspired
a host of governmental programs designed, with varying
degrees of success, to achieve this result. For its
part, the town is expending large sums of money to
protect existing farm acreage. At the same time, the
town has an obligation to exercise its authority to
reasonably regulate the subdivision and development of
this land to further the same purposes, while honoring
the legitimate interests of farmers and other farmland
owners.
The Agricultural Conservation (AC) and low density
Residential R-80 Districts are the basic 2-acre zones.
The AC district includes mandatory clustering, but is
otherwise distinguished from the R-80 District only by
its name and location in areas to be given priority for
agricultural conservation as indicated in the Master
Plan.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SA!
The low density Residential R-120, R-200, and R-400
Districts are all new and are basically the same as the
R-80 except that minimum lot areas are 3 acres (Fishers
Island), 5 acres (Orient) and 10 acres (Robins Island).
The purpose of the low density Residential R-40 District
is to provide areas for residential development where
existing neighborhood characteristics, water supply and
environmental conditions permit full development
densities of approximately one dwelling per acre and
where open space and agricultural preservation are not
predominant objectives.
The R-40 District is mapped in areas already considerably
developed or committed to one acre lots or less.
2. The Hamlet Density District
The purpose of the Hamlet Density (HD) Residential
District is to permit a mix of housing types and level of
residential density appropriate to the areas in and
around the major hamlet centers, particularly Mattituck,
Cutchogue, Southold, Orient, the Village of Greenport,
and Fishers Island.
3. The Resort Residential District
S/Il L,..
The purpose of the Resort Residential (RR) District is to
provide opportunity for resort development in waterfront
areas or other appropriate areas where, because of the
availability of water and/or sewer, more intense
development will be permitted consistent with the density
and character of surrounding lands.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
4
The Resort Residential (RR) District is basically the
same as the R-80 zone except that it permits low
density resort, seasonal and motel development
particularly in waterfront areas consistent with the
surroundinG low density and agricultural development.
4. The Business Districts
a. The Residential Office (RO) District
The purpose of the Residential Office District is to
provide a transition area between business areas and
low density residential development alonG major
roads. This will provide opportunity for limited
nonresidential uses in essentially residential
areas. The RO District would permit professional and
limited business offices in areas that are a
transition between the hamlet centers and outlying
business areas, and low density residential area.
Residential density is one acre.
b. The Limited Business (LB) District
The purpose of the Limited Business (LB) District is
to provide an opportunity to accommodate limited
business activity alonG highway corridors. But, in
areas outside the hamlet central business areas
development shall remain consistent with the rural
and historic character of surrounding areas and
uses. Emphasis will be placed on review of design
features so that existing and future uses will not
detract from surrounding uses. The additional uses
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
5
must generate a low volume of traffic and be designed
to protect the residential and rural character of the
area.
The (LB) District is intended to allow limited
business activity (antique shop, professional
offices) that are appropriate for outlying and low
density area. The primary purpose of this district
is to accommodate areas currently zoned for business,
but which in accordance with the Master Plan policy
are not intended to expand or be intensively
developed. To do so would create strip development
and inappropriate uses in agricultural and low
density areas.
c. The Hamlet Business (HB) District
The purpose of the Hamlet Business (HB) District is
to provide for business development in the hamlet
central business areas, including retail, office, and
services uses, public and semi-public uses, as well
as hotel and motel and Multi-family residential
development that will support and enhance the retail
development and provide a focus for the hamlet area.
The Hamlet Business (HB) District is a modified
version of the present B-Light Business zone. It
allows business, office, specialty and residential
uses at higher densities provided utilities are
available in the hamlet centers.
SAI
I:NVIRONMENTAL CONSULTANTS & PLANNERS
SAI
d. The General Business (B) District
The purpose of the General Business (B) District is
to provide for retail and wholesale commercial
development and limited office and industrial
development outside of the hamlet central business
areas, generally along major highways. It is
essentially the present B-1 District and is intended
for auto oriented uses, commercial uses that are more
land extensive and not as dependent on pedestrian
traffic, and commercial uses that are not necessarily
appropriate in a hamlet center. It is designed to
accommodate uses that benefit from large numbers of
motorists, that need fairly large parcels of land,
and that may involve characteristics such as heavy
trucking and noise.
This district is mainly located on Route 25 in
Mattituck, Cutchogue, Peconic, Southold and near the
Village of Greenport, and on Route 48 in Southold and
Peconic.
e. The Marine One (MI) District
The purpose of the Marine One (MI) District is to
provide a waterfront location for a limited range of
water dependent and water related uses which require
or benefit from direct access to, or location in,
marine or tidal waters but which are located within
the confines of the town's tidal creeks or natural
coves. This district and the MII District were
developed in response to comments from the public in
t~NVIRONMENTAL CONSULTANTS & PLANNERS
SAI
7
the January and February, 1987 public hearings. The
permitted uses in the MI District are single family
dwellings on existing lots, marinas, boat docks, boat
yards, boat and marine engine repair, public
buildings and sale or rental of fishing equipment if
accessory to a marina or boat yard. Special
exception uses are recreational clubs, and
mariculture uses.
f. The Marine Two (MII) District
The purpose of the Marine Two (MII) District is to
provide a waterfront location for a wide range of
water dependent and water related uses which require
or benefit from direct access to, or location in,
marine or tidal waters and which in general are
located on major waterways, open bayfronts or the
Long Island Sound. The permitted uses in the MII
District are the same as the MI District except for
the following additions: charter boats and
mariculture, are allowed by right; restaurants, ferry
terminals, transient hotels and motels, fish
processing, fish marketing, and museums, are allowed
by special exception. Restaurants and transient
hotels and motels would require a denitrification
treatment of their waste waters. Public water as
defined in the zoning ordinance should be required
due to the potential problems of salt water upcoming
near the fresh/salt interface.
5. The Industrial Districts
SAI
Two industrial categories, Light Industrial Park/Office
Park (LIO) District and Light Industrial (LI) District
are included. Both of these are similar to the existing
"C" Light Industrial category. The primary distinction
ENVIRONMENTAL CONSULTANTS & PLANNERS
SA!
8
between the two proposed districts is the intensity
of use. The former requires larger parcels and low
coverage and is intended for industrial areas away
from the more congested hamlet areas.
a. The Light Industrial Office (LIO) District
The purpose of the Light Industrial Park/Planned
Office Park (LIO) District is to provide opportunity
for the location of business and professional
offices, research facilities, industrial uses, and
similar activities, in an open, campus-like settinG
in areas which are not appropriate for retail and
wholesale commercial activity or low density
residential development. In this area, such uses can
be established in an attractive environment and serve
both as a means of preservinG the open qualities of
an area and providing an area, adjacent to hamlet
areas where such uses can be appropriately developed
with suitable protection for Ground and surface
waters. All uses must conform to Suffolk County
Health Department standards.
b. The Light Industrial (LI) District
The purpose of the Light Industrial (LI) District is
to provide an opportunity for business and industrial
uses on smaller lots than would be appropriate for
the LIO Light Industrial Park/Planned Office Park
District.
[NVIRONS,~ENTAL CONSULTANTS & PLANNERS
9
C. Tabulations
Per the request of the Southold Town Board and in
conjunction with the GEIS for the proposed Local Law,
SAI has established an acreage comparison between the
existing and proposed zoning. This comparison was
done to determine how much more or less of a zone is
proposed compared to what already exists in the
Town. For example the C and C-1 (industrial) zones
in the existing zoning ordinance total 477 acres
compared to 534 acres of LI & LIO (industrial) in the
proposed Local Law. As can be seen by the table
below this will be an increase of 57 acres of
industrial zone in the Town. Another example is the
decrease of 58 acres of the Multiple Residence/Hamlet
Density zone. The table gives the breakdown of
existing -va- proposed zoning and the difference
between the two.
Existing * Proposed * Difference
Zone Acres Zone Acres Acres
C, C-1 477 LI, LIO 534 +57
B, B-1 901 B, LB, HB, 815
RR, RO
-86
M, M-1 401 HD 343 -58
**MI, MII 221 +221
A 32,241 A-C, R 32,107 -134
34,020 34,020
Includes Fishers Island
SAI * New Zoning Classification - was part of C
SAI lO
6. Zoning Text Amendments
Many inappropriate and environmentally undesirable uses
now included in the General Industrial District (C-i) are
proposed to be eliminated. Further, the way that the
present C-1 is written, virtually all uses except
residences but including business, are permitted uses.
Since specific marine districts are now proposed, marine
uses are eliminated from the industrial district.
Unwanted industrial uses along the Town's waterfront have
thus been eliminated.
Site Plan Approvals have been greatly detailed in
procedure and content to yield a more thoroughly
comprehensive site plan review process. Increased
attention can now be focused on traffic access, interior
circulation and parking, landscaping and screening,
natural features, cultural features, pavement material
and expanse, lighting, public address systems, facades,
drainage, public utilities, aesthetics, and energy
conservation.
Special Exceptions have been amplified similarly to the
site plan section to produce an improved quality of
review. The provisions are designed to provide for
improved administrative review of selected types of
proposed land uses. Certain uses which are allowable
under zoning are nevertheless so likely to significantly
affect their surroundings that they require individual
review to assure compatibility with existing land use
patterns, community character, and the natural
SA!
~ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
1!
environment, before being permitted to come into
existence. Similarly, certain authorized uses may take
on such diverse forms in their actual implementation that
it is wise to review and pass upon the adherence of each
individual proposal to standards and guidelines
previously established for the use involved. Finally,
the case by case review achieved by use of the special
exception approval mechanism can increase the flexibility
and appropriateness of local development review, and
better enable local officials to avoid negative
consequences which sometimes arise from the otherwise
lawful development or use of a particular site.
Landscaping, Screening, and Buffer Regulations have been
centralized and detailed to provide improved and thorough
protection of the natural aesthetics of Southold. The
standards in this section are intended to enhance the
appearance and natural beauty of the town and to protect
property values through preservation and planting of
vegetation, screening, and landscaping material.
Specifically, these standards are intended to enhance the
appearance of major travel corridors and business areas;
to reduce excessive heat, glare, and accumulation of
dust; to provide privacy from noise and visual intrusion;
and to prevent the erosion of the soil, excessive run-off
of drainage water, and the consequent depletion of the
ground water table and pollution of water bodies.
SA I Ltd.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
12
D. DESCRIPTION OF THE ENVIRONMENTAL SETTING
iENVIRONMENTAL CONSULTANTS & PLANNER~
For a description of the environmental setting, the reader
is directed to the Town of Southold Master Plan Update
Background Studies, Section 2, which has been reproduced
here.
1. Geology and ToDograph¥
The topography of Long Island is a function primarily of the
Wisconsin glaciation, which ended approximately 12,000 to
15,000 years ago. During this glaciation, sheets of ice
advanced and retreated across the island, forming moraines
and outwash plains. The Harbor Hill moraine, which extends
through the Town of Southold and is the younger of the two
moraines on Long Island, consists of unsorted rock, sand,
and gravel deposited by the glacier during an equilibrium
period. This moraine, portions of which have been eroded by
wave action, forms the hilly, irregular topography of
Southold's north shore.
Elevations in Southold range from sea level to 160 feet
above ms1, though the majority of the Town is at an ele-
vation less than 50 feet msl. As a result of the Harbor
Hill moraine, the greatest topographical variety is found
along the north shore, which is characterized by hills and
bluffs. The highest elevations and steepest slopes are
found along the north shore in the western end of Southold.
A peak elevation of 160 feet msl is found at the Mattituck
Hills, while the Oregon Hills have a peak elevation of 120
feet ms1. This area of the shoreline also contains the
steepest bluffs, with slopes exceeding 50 percent in some
areas. Very steep bluffs and high elevations are also found
at the east end of the Town in the vicinity of Browns Hill.
The topography of the remainder of the Town is more level,
though it remains somewhat irregular, with small hills and
gentle slopes. This area is part of the outwash plain,
formed by meltwater streams from the glacier. The southern
shoreline, adjacent to Great Peconic Bay, Little Peconic
Bay, and Gardiners Bay, is generally characterized by gentle
slopes, though there are some bluffs in the vicinity of
Nassau Point and in Indian Neck.
The topography of Robins Island and Fishers Island is also
characteristic of the morainic deposits in the area. Both
islands have very irregular topography, with many hills and
some steep bluffs.
In terms of development, the topography of some areas of
Southold does present limitations on site preparation. The
irregular, hummocky topography of the moraines requires
cutting and filling for development (which might affect
natural drainage patterns), while the compactness of the
glacial till makes excavation difficult. Very steep slopes,
such as those on bluffs, preclude development; the topogra-
phy of the outwash plains, however, presents few limitations
on development, except near the shoreline.
SAI
e
Soils
The Town of Southold encompasses three broad soil associ-
ations: (1} the Carver and Plymouth sands - Riverhead
association, which includes deep, w~ll-drained soils found
on morainic topography~ (2} the Haven-Riverhead association,
which includes deep, well-drained soils found on outwash
plains~ and (3) the dune land-tidal marsh-beach association.
A detailed soil map, showing the individual soil series, is
available at Town Hall. Table 1 is a chart of the general
soil characteristics for each of the soil series. It should
be noted that the soil information included here is gener-
alized, and that field investigations are necessary for an
accurate analysis of the soil at any given site.
As can be seen on the soils map, some of the most commonly
occurring soils in Southold are the Raven loam and Riverhead
sandy loam, which are found in many of the interior areas of
the the Town. Interspersed with these soils are many areas
of Plymouth loamy and gravelly loamy sand, along with Carver
and Plymouth sands. Montauk fine sandy loam is found in
many areas along the north shore, adjacent to the beaches
and bluffs. Near Greenport there is a large area of
Canadice silt loam, which is the only soil in Suffolk County
formed in clay material that was deposited in glacial 9onds.
The various tidal marsh and beach associations are common
along the Town.'s shoreline and adjacent to the tidal creeks.
In terms of development suitability, most areas other than
those with mucky soils, very high water tables, or steep
slopes are suitable for homesites. However, many of the
soils in the Town are more limiting in terms of their
suitability for sewage disposal fields. The Montauk, Scio,
Canadice, and Raynham soils are among those with slow
permeability, which is not suitable for a septic field.
Many of the common soils in the Town, such as Carver,
Plymouth, Haven and Riverhead, have rapid permeability,
which is acceptable for a sewage disposal field. However,
if the disposal site is located near a well, lake, or
stream, there is a pollution hazard.
Many of the soils in Southold are suitable for a variety of
agricultural purposes. The Haven loam with a slope of 0-2
percent, which covers much of the interior of the Town, has
been rated as a Class I soil in the Suffolk County Soil
Survey. This capability classification means that there are
few limitations restricting the use of the Haven loam for
agricultural purposes. A number of soils in the Town have
been rated as Class II, with only moderate limitations in
choice of plants and moderate requirements for conservation
techniques. These Class II soils include Haven loam (2-6
percent slope), Montauk fine sandy loam (0-8 percent slope),
Riverhead sandy loam (0-8 percent elope) and Scio silt loam
(0-6 percent slope). Southold also contains a variety of
SZEPATOWSKI ASSOCIATES INC. ENVIRONMEN'IAL CONSULTAN~TS
S/Il
14
soils which are not suitable for agricultural purposes, such
as the Carver and Plymouth sands, Berryland mucky sand, and
the beaches, dunes, and muck areas.
Hydrology
Long Island, including the mainland portions of the Town of
Southold, depends almost exclusively on groundwater for its
water supply. This groundwater supply is replenished by
rainwater and the return of water to the underground
aquifers after it is used. Many factors have contributed to
the degradation of the quality of this water supply includ-
ing contamination from chemicals and salt water intrusion.
Because ground water is now the sole source of water supply,
the location and intensity of development as it relates to
water source, water use characteristics of various activ-
ities, policies regarding central water and sewer systems
are particularly important planning issues.
During the past 15 years, several studies were comple}ed to
analyze the quantity and quality of available water. The
current ERM Study which has summarized research and data
from the previous studies and includes up-to-date informa-
tion on water quality and water contours (which are used to
estimate location and depth of aquifers) has been utilized
as the primary source for this section on hydrology.
Geology
The major geologic units in the Town are the Raritan forma-
tion, the Matawan Group (Magothy formation aquifer) and
Pleistocene deposits(including the upper glacial aquifer
which is principal water source in Southold).
The bedrock of the Precambrian age which underlies the Town
at depths of 500 feet or more below sea level has no value
as an aquifer. Above the bedrock surface is the Raritan
formation of the Late Cretaceous age which consists of a
Lloyd sand layer under a Raritan clay layer. This formation
contains only salt water within the Town of Southold.
SZEPATOWSK! ASSOCIATES INC. ENVIRONMENTAL CONSULTAN'iS
,S ll
The Magothy formation is also a Late Cretaceous deposit
generally consisting of lenses of clay, silt and clayey sand
in its upper sections and coarse Sand and gravel in its
basal portion. The Magothy is the major source of public
water supply in the towns of Suffolk County west of
Southold, but the Magothy is only available for supply in
the Town of Southold west of Mattituck Creek. East of the
Mattituck Inlet this aquifer is salty.
The glacial Pleistocene deposits are the most important
source of water in the Town of Southold. The predominant
type of glacial deposit in the Town is outwash composed of
clean sand and gravel. The till, the other major deposit,
is found along the north shore of the Town and consists of
unsorted clay, silt, sand, gravel and boulders. The pres-
ence of a clay layer in the outwash areas, which acts to
inhibit the intrusion of salt water in these areas, has been
found in well log data from Mattituck to Greenport.
The E~ report, like the Holzmacher and Malcolm Pirnie
studi~s divided the Town of Southold into four water supply
areas including= Zone 2 which ends at the western side of
the Mattituck Inlet where the freshwater portion of the
Magothy terminates~ and ~ones 3, 4, 5 which each contain an
isolated relatively thin fresh groundwater lens. Zone 3
extends from Mattituck Inlet to Arshamomaque Pond, Zone 4
extends from Arshamomaque Pond to Dam Pond and Zone 5
includes the area east of Dam Pond.
Water Quality
The thin fresh groundwater lenses underlying portions of the
Town of Southold can provide a limited water supply and are
subject to saltwater intrusion and chemical contamination.
The depth of fresh groundwater in an area of the Town can be
estimated by applying a formula called the Ghyben-Herzberg
formula which states that the depth of fresh water below sea
level is forty times the height of freshwater above sea
level.
Elam estimated the amount of water that might be available
for a public water supply, i.e. from those areas that have
water tables at least two feet above sea level. The
report gave only very general information on amounts of
water available in areas with less than two feet of fresh
water above sea level (primarily those areas closer to the
major water bodies, i.e. the Long Island Sound and the
SZEPATOwSKI ASSOCIATES INC. [NVIRONMENTAL CONSULTANTS
16
Peconic and Gardiners Bays).3 That report did indicate that
improper well location and over pumping can cause lateral
and vertical salt water intrusion. Moreover because of
limited dilution capacity it can take a long time (perhaps
100 years) for any contaminants to flush out of the aquifer.
The Suffolk County Department of Health has substantiated
through extensive testing that the upper glacial aquifer is
contaminated in many areas by nitrates and organic pesti-
cides and herbicides, the latter primarily from agricultural
uses. Thus, while the supply of fresh water is quite
limited, the amount of uncontaminated ground water is
substantially more limited. Moreover, although the future
total Town requirement for fresh water may change depending
on the amount and type of agricultural uses, the need for
potable fresh water will surely increase.
Present and future land uses and patterns in the Town of
Southold will affect the rate of recharge of the aquifers,
the extent and location of withdrawal of fresh ground water
and the amount of contamination of the water supply. Given
the Town ts hydrology it will be important for the Plan to
incorporate areas suitable for rainfall recharge and to
examine proposed residential, agricultural, commercial and
industrial uses for their impact on groundwater supplies.
Furthermore, methods for treatment of contaminated water
available for use by individuals and communities will have
to be considered.
A discussion of water supply as it relates to development
potential is addressed in a separate memo.
Fishers Island H~drology
Information on Fishers Island hydrology ks based largely on
the Malcolm Pirnie report of 1967, the subsequent H2M report
of the early 1970's and discussions with a Fishers Island
Water Works official. The ERM Northeast report was not used
since the study area only included mainland portions of
Southold.
The geology of Fishers Island differs substantially from
other portions of the Town of Southold in that large por-
tions of the Island are hilly, some areas rising to 160 feet
above sea level~ and the land is relatively impermeable.
Most of the precipitation that falls on the Island flows to
one of the freshwater ponds or directly to the shoreline.
17
SZEPATOWSKI ASSOCIATES INC. £NVIRONM£N]AL CONSULTAN]S
.e ll
Two of the ponds receiving this surface water, Barlow Pond
and Middle Farms Pond, ere used as the primary source of the
Fishers Island water supply~ however, in the last few years
only Barlow Pond has been used. The water levels in these
ponds when full are generally only a few feet above sea
level. Like underground sources, the ponds can be subject
to salt water intrusion from overpumping, but this has not
been · problem in recent years.
After the drought of 1965-66 two small shallow wells were
dug into the glacial aquifer northwest of Middle Farms Pond.
Water from this source has not been extensively used both
because of its high iron content and because the supply from
the ponds has been adequate.
Wetlands
A. Tidal Wetlands
Tidal wetlands, or salt marshes, are grassy coastal
floodplains which contain, or are periodically inun-
dated by, salt or brackish water. Tidal wetlands,
which are found along many creeks and inlets in
Southold, are an important coastal resource which
perform the following functions=
Marine Food Production - tidal wetlands are one of
the most productive ecosystems in the world; they
have a very high concentration of nutrients.
Two-thirds of all conunercially harvested fish and
shellfish depend on the marsh-estuarine system at
some time in their life cycle.
wildlife Habit - tidal wetlands are important as
breeding, nesting, and feeding grounds.
Flood and Storm Control - tidal wetlands serve as
a natural buffer, protecting upland and developed
areas from storm tides and absorbing wave damage.
Recreation - tidal wetlands provide many opportun-
ities for hunting, fishing, birdwatching, etc.
Pollution Control - tidal wetlands serve as an
important basin in which some organic pollutants
ere chemically and biologically converted into
useful nutrients.
Sedimentation - tidal wetlands absorb silt and
organic matter, which otherwise would obstruct
channels and harbors.
Tidal wetlands have been defined in the New York
Environmental Conservation Law Section 25-0103 as
18
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS
Sql
SZEPATO~VSKI ASSOCIATES INC. £NVlRONMi:.NTAL CONSULTANTS
S/II
19
S/il
SZEPATOWSKI ASSOCIATES INC. FNVIRONMENTAL CONSULTANTS 2 0
,5,41
'those areas which border on or lie beneath tidal
waters, such as, but not limited to, banks, bogs, salt
marsh, swamps, meadows, flats or other low lands
subject to tidal action, including those areas now or
formerly connected to tidal waters...' Specific zones
within tidal wetlands are further defined by the types
of vegetation they support.
The vegetation in a tidal wetland is determined by
elevation and the frequency with which tidal flooding
occurs. The lowest portion of a tidal wetland, which
is below mean high tide and is flooded daily, is
dominated by salt marsh cordgrass (Spartina alterni-
flora). The upper slope, which may be flooded ten days
out of a month, is dominated by salt marsh hay
(Spartina patens) and spike grass (Distichlis spicata).
The highest elevations within the tidal wetland, which
are flooded only during storm tides, are dominated by
black grass (Juncus gerardi). Other common plants in
the high marsh area include cattails (Typha latifolia
and T. angustiofolia), groundsel bush (Baccharis
halmifolia) and the reed Phragmites communis.
Phragmites, a common reed which is often associated
with disturbed or altered wetlands, is usually abundant
in areas which have been built up above the mean high
tide level, or in areas with limited sources of salt
water.
A 1972 publication entitled "The Marine Wetlands of
Nassau and Suffolk Counties, New York," prepared by the
Marine Sciences Research Center at SUNY-Stony Brook,
includes an inventory of tidal wetlands in Southold.
At the time of this survey, a total of 1,091 acres in
the Town consisted of tidal wetlands. This survey
identified 34 individual wetland areas, the majority of
which were dominated by Spartina alterniflora. Most of
these wetlands also supported varying amounts of
Phragmites.
Among the largest tidal wetlands in Southold are those
in the Long Beach Bay/Hallocks Bay area. At the time
of the 1972 survey, the tidal wetlands on the north
shore of Long Beach Bay and those within Orient State
Park encompassed approximately 370 acres. The dominant
plants in this wetland system are Spartina patens and
Dtstichlis spicata. Another fairly large wetland in
this area is located along the Orient Causeway and
along the edges of Dam Pond. This wetland area in-
cludes approximately 43 acres, and the dominant plant
is Spartina alterniflora.
Another fairly extensive wetland system ks located in
the Cutchogue Harbor area, and encompasses marshes
along the edges of Wickham Creek, East Creek, Mud
21
S41
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS
.e ll
Creek, and Broadwater and ~aywster Coves. The dominant
plants in this wetland, which totals approximately 140
acres, are Spartina alterniflora and Distichlis
spicers. Spartina alter~iflora is also the dominant
plant in the extensive wetlands (150 acres} surrounding
Downs Creek and West Creek, off the Great Peconic Bay.
Towards the western end of the Town there is · large
wetland system along Mattituck Inlet and Creek. This
tidal wetland, which covers approximately 45 acres, is
dominated by Spartina alterniflora. There are many
other tidal wetlands scattered throughout the Town
along the tidal inlets and creeks. Though many of
these wetlands are only a few acres in size, they still
perform many valuable ecological roles.
DEC has inventoried all the tidal wetlands in Southold,
and classified them according to the type of vegetation
they support. These wetland classifications are as
follows=
Intertidal Marsh {IM} - this is the area generally
lying between the daily tides. It is dominated by
Spartina alterniflora and produces the most
primary nutrients.
Coastal Fresh (FM} - these areas are uncommon in
New York, and are found primarily where freshwater
run-off is backed up by daily tides. They are
usually bordered by rushes, cattails, and brackish
water cordgrass, as well as by pickerel weed and
marsh roses. This type of wetland is highly
productive and has extremely high value for
wildlife.
High Marsh or Salt Meadow (HM} - this wetland zone
is generally above the daily tidal flow, and is
regularly flooded about ten days out of the month,
and during storm tides. The high marsh is dom-
inated by Spartina patens and Distichlis spicers.
It is moderately productive, has some value for
wildlife, and forms an important buffer between
uplands and estuarine waters.
Coastal Shoals, Bars and Mudflats (SM} these
~nclude areas that are exposed at low tide and are
not covered with rooted vegetation. ~owever, this
zone may merge with normally flooded, shallow
waters which support widgeon grass and/or eel
grass.
Inshore Waters {Littoral Zone - LZ} - consists of
shallow bay bottoms, less than twelve feet in
depth at mean low water. These areas support eel
22
.SZEPATOWSKI ASSOCIATES INC. ENVIRONM~.NTAL CONSULTANTS
S/Il
and widgeon grasses and are highly productive and
of great value to waterfowl. Inshore fisheries
are largely dependent on the littoral zone, and it
provides the finest shellfishing.
Formerly Connected Tidal Wetlands (FC) - wetlands
which have been partially shut off from normal
tidal flows or are in the process of being shut
off. The original marine plant community still
dominates, although the zone may be lightly
infiltrated with the common reed. These areas
remain a part of the marine food web.
The largest wetlands in the mainland portion of
Southold, which were previously mentioned on the basis
of their listing in the 1972 survey, will also be
described in terms of their DEC classifications.
The largest wetland system in the mainland portion of
the Town is that surrounding Long Beach Bay. The
wetlands on the Long Beach peninsula consist primarily
of high marsh areas, which are flooded by the daily
tides about 10 days out of the month, and are dominated
by Spartina patens and Distichlis spicata. These high
marsh areas are interspersed with some lower areas that
have been classified as intertidal marshes and mud-
flats.
The wetlands along the north side of Long Beach Bay are
primarily high marsh zones, edged with narrow bands of
intertidal marsh along the bay. Long Beach Bay itself
has been classified as a coastal bar/or mudflat. On
the west side of the bay along the Brown's Point
peninsula, most of the wetlands are considered high
marsh, with only narrow bands of intertidal marsh. In
the Peter's Neck area, which is near Orient Harbor,
most of the marsh area has been classified as a former-
ly connected tidal wetland.
As classified by DEC, the Orient Causeway wetland
system consists of large areas of mudflats and inter-
tidal marsh surrounded by areas of high marsh. The
high marsh areas are located adjacent to the Causeway,
and also along the north side of the beach which faces
Orient Harbor. The adjacent Dam Pond is classified
primarily as a littoral zone, though it also includes
large mudflats. The northern portion of the pond is
bordered by a beach, though the rest of the pond is
bordered by an intertidal marsh zone and limited areas
of high marsh.
In the Cutchogue area the various tidal creeks are
primarily classified as mudflats, with narrow channels
of littoral zone where the water is deeper. The
23
SZEPATOWSKI ASSOCIATES INC. ENViRONM£N1AL CONSULTANTS
wetland areas adjacent to these creeks consist primari-
ly of intertidal marsh zones, with limited areas of
high marsh. To the west, along Downs Creek and West
Creek, DEC has classified extensive areas as mudflats
and intertidal marsh.
Along Mattituck Inlet and Creek, the wetlands consist
of both intertidal marshes and high marshes, while the
creek itself is classified as a littoral zone. There
are also some areas of dredge ~poil located within this
wetland system.
On Fishers Island the primary marsh areas are located
near Hay Harbor and West Harbor, particularly in the
peninsula areas where both intertidal and high marsh or
salt meadow areas can be found. The harbor areas
themselves are classified as littoral zones. Addition-
al areas of intertidal marsh and high marsh are locat-
ed~ slightly east of West Harbor, along the east side
of Beach Pond, and at scattered sites near East Harbor.
Some intertidal marsh is also located along Barleyfield
Cove and on eastern portions near Chocomont Cove.
There are also two sections of formerly connected tidal
wetlands on Fishers Island, the larger one north of
Barlow Pond and the smaller one near East Harbor.
Coastal shoals, bars and mudflats are found in the
coastal waters surrounding most portions of the island.
The largest exception to this is the area on both sides
of the Ferry dock on the western portion of Fishers
Island.
The tidal wetlands in Southold are valuable natural
features which should be preserved. These include both
the large wetland systems which have been described,
and the many small individual wetlands which are
scattered throughout the Town. Tidal wetlands are
extremely productive ecosystems which perform many
important roles, such as marine food production, flood
control, and the provision of wildlife habitat. For
these reasons the Town's tidal wetlands should not be
altered, and should be preserved in their natural
condition. The preservation of these wetlands may also
generate development constraints on adjacent lands,
where development could adversely impact the wetlands.
Moreover, creeks and wetlands should be protected from
road runoff and pollution that can alter the ecosystem
of the wetlands.
B. Freshwater Wetlands
Freshwater wetlands, which are found in scattered
locations throughout the Town of Southold, are impor-
tant natural features which perform a variety of
ecological roles. Freshwater wetlands are a major
24
SZEPATOWSKI ASSOCIATES lINC. ENVIRONMENTAL CONSULTANTS
.e li
factor in flood control, acting as storage basins and
reducing flood crests and erosive capacities. These
wetlands are vital to the hydrologic cycle in that they
help to recharge groundwater, and they also act as
natural pollution control systems by filtering out many
potentially harmful materials. Freshwater wetlands are
also an important component of food webs, and they
support a diversity of plants and animals.
Freshwater wetlands which encompass at least 12.4 acres
are state-designated wetlands, and are currently
subject to regulation by the New York State Department
of Environmental Conservation (DEC). The State defini-
tion of a freshwater wetland is based on vegetation,
with various species of trees~ shrubs, emergent vege-
tation, floating vegetation, etc. considered wetland
indicators. (The following paragraphs include the New
York State Department of Environmental Conservation
definition of freshwater wetlands taken from Article 24
which specifies the varieties of plants that may be
found in the freshwater wetlands of the Town of
Southold and of the State.)
"Freshwater wetlandsw means lands and waters of
the Stere es shown on ~he freshwater wetlands map
which contain any or all of the following:
Ca)
lands and submerged lands con.only called
marshes, swamps, sloughs, bogs, and flats
supporting aquatic or semi-aquatic vegetation
of the following types:
wetland trees, which depend upon sea-
sonal or permanent flooding or suffi-
ciently water-logged soils to give them
a competitive advantage over other
tress; including, among others, red
maple (Acer rubrum) willows (Salix
spp.), black spruce (Picea mariana) l
swamp white oak (Quercus bicolor), red
ash (Fraxinus pennsylvanica), black ash
(Fraxinus nigra), silver maple (Acer
saccharinum), American elm (Ulmus
americana), and Larch (Larix laricina) l
wetland shrubs, which depend upon
seasunal or permanent flooding or
sufficiently water-logged soils to give
them a competitive advantage over other
shrubs; including, among others, elder
(Alnus spp.), buttonbush (Cephalanthul
occidentelis), bog rosemary (Andromeda
glaucophylla), dogwoods (Comus spp.),
25
SZEPATOWSKI ASSOCIATES INC. ENVIRONMEN1AL CONSULTANTS
and leetherleef
calycul&ta)l
(Chamaedaphne
emergent vegetation, including, among
others, cattails (T~he spp.), pickerel-
weed (Pontederta cordata), bulrushes
(Scirpus app.), arrow arum (Peltandra
virgin[ca), arrowheads (Sagittaria
app.), reed (Phragmites conmunia),
wildr~ce (Zizania aquatica), bur-reeds
(Sparganium app.), purple looeestrife
(Lythrum salicar~a), swamp loosestrife
(Decondon verticillatus), and water
plantain (Alisma plantago-equatica)~
rooted, floating-leaved vegetationl
including, among others, water lily
(Nymphaea odorata), water shield
(Brasenie schreberi), and spatterdock
(Nuphar epp.)~
free-floating vegetat~on~ includ~ng,
among others, duckweed (Lemna spp.), big
duckweed (Sp~rodela polyrh~za), and
watermeal (Wolffia
wet meadow vegetation, which depends
upon seasonal or per~anent flooding or
sufficiently water-logged soils to give
it a competitive advantage over other
open land vegetat~on~ including, among
others, sedges (Carex spp.), rushes
(Juncue app.), cattails (Typha
rice-cut-grass (Leersie oryzoides), reed
canary grass (Phalaris arundinacee),
swamp looaestrife (Decodon
ve~cicillatus), and spikerueh
(Eleocharis
bog mat vegetation! including, among
others, sphagnum mosses (Sphagnum
bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata),
pitcher plant (Sarracen~a purpurea), and
cranberries (Vaccinium macrocar~on and
V. ox,ycoccos)l
submergent vegetetion~ ~ncluding, among
others, pondweeds (Potamogeton spp.),
naiads (NaJae epp.), bladderworts
(Utricularia app.), w~ld celery
{Vallieneria americana), coontail
(Ceratophyllum demersum), watermilfolle
(Myr£ophyilum app.), muskgrase (Chara
26
SZEPATOWSKI ASSOCIATES INC. [NVIRONMLN]AL CONSULTANTS
S/Il
Ih)
spp.), stonewort (Nltelle spp.), water
weeds (Elodea spp.), and water smartweed
(Polygonum amphibium);
lands end submerged lands containing remnants
of any vegetation that ts not aquatic or
se~/-aquatic that has died because of wet
conditions over a sufficiently long ~eriod,
provided ~hat such wet conditions do not
exceed a maximum seasonal water depth of six
feet and provided further that such condi-
~tona can be expected to persist indefinite-
ly, barring human intervention~
lands and waters substantially enclosed by
aquatic or sem~-aquatic vegetation as set
forth in paragraph (a) or by dead vegetation
aa set forth in paragraph (b), the regulation
of which is necessary to protect and preserve
the aquatic and se~/-aqua~ic vegetation~ and
~he waters overlying the areas set for~ ~n
(a) and (b) and the lands underlying (c).
The areas and parcels of land that are currently
designated by the DEC as freshwater wetlands (from the
western to the eastern part of the Town) are=
- Laurel Lake and surrounding areas, some of which
are in State or Town ownership.
An aree located about 1,500 feet east of Laurel
Lake between County Route 48 and the Long Island
Railroad tracks.
An area east of Bray Avenue and north of Peconic
Bay Boulevard, much of which is held by the Nature
Conservancy.
Marratooka Lake and adjacent areas, primarily to
the north, most of which are in Nature Conser-
vancy, Mattituck-Cutchogue School District or
Mattituck Park District ownership.
An area north of West Creek and northwest of New
Suffolk, primarily on the west of New Suffolk
Road, but with a smaller portion on the east side
of the road. Portions of these wetlands are
included in the Suffolk County Farmland Preserva-
tion Program.
SZEPATOWSKI ASSOCIATES INC. £NVlRONM£NTAL CONSULTANTS
Great Pond north of Sound View Avenue and east of
Kennyfs Road which is part of the adjacent County
park.
An area in Southold east of Boisseau Avenue, west
of Laurel Avenue and north of the Long Island
Railroad right-of-way.
A portion of wetlands and pond southeast of
Arshamamoque Pond, between the Long Island Rail-
road right-of-way and State Route 25.
A large area west of Greenport between County
Route 48 on the north and State Route 25 on the
south, and between Albertson Lane on the west and
Chapel Lane on the east.
Much of the Moores Woods/Moores Drain/Silver Lake
area of Greenport with most wetland portions
indicated within the Village and some in the Town.
An area in the southwest corner of the inter-
section of Route 25 and Route 48, just north of
the Village of Greenport.
Marion Lake and surrounding lands.
- Two wetland areas in 'the western portion of Plum
Island near the harbor.
On Fishers Island, three interconnected areas
south of Peninsula Avenue and west of Isabella
Beach, areas within and in proximity to Barlow
Pond, Middle Farms Pond and Treasure Pond as well
as an area in the eastern end of the island near
aouthern portions of the golf course.
The DEC freshwater wetlands map will be finalized after
the above named sites are presented by the DEC to the
Town and public at a public hearing anticipated to be
in the summer of 1984. There may be additions to or
deletions from the above-mentioned list of sites, based
on the DECte consideration of public input.
Coastal Features
Coastal features in Southold include beaches, dunes, and
bluffs. These features have been produced by a variety of
geologic and physical processes, including glaciation,
sediment transportation and deposition, and wave action.
The beaches in Southold are located along the north shore,
adjacent to Long Island Sound, and along the south shore,
adjacent to the bays. These beaches have been formed
28
SZEPATOWSKI ASSOCIATES INC. ENVlRONM£NTAL CONSULTANTS
.e il
through the deposition of sediment, and their size and shape
may change as the rates of deposition and erosion vary. The
beaches on the north shore are very gravelly and cobhly,
while the beaches on the bays are usually sandy, with
varying amounts of gravel mixed in.
Beaches rim almost the entire coastline of Southold, with
the exception of some wetland areas and developed areas.
The largest portion of coastline without beaches is the
north shore of Long Beach Bay, most of which is edged with
tidal wetlands.
Dunes are wind-deposited mounds of sand located landward of
beaches, and usually supporting a stabilizing growth of
beach grass. On Long Island, dunes are most common along
the barrier beaches of the South Fork. Along the North
Fork, where many beaches are backed by bluffs of glacial
formation, dunes are not as common. There are three areas
in the Town with dune formations. The most extensive of
these is the area near Great Pond along the north shore.
Additional dune areas are scattered through Orient Beach
State Park, and there is also · short segment of dunes at
the western end of Fishers Island, facing Block Island
Sound.
Bluffs are a common coastal feature along the north shore of
the Town, and also along the Fishers Island shoreline.
These bluffs are steeply sloping landforms composed of
glacial till deposited as part of the Harbor Hill moraine.
These bluffs, which may have slopes exceeding 50 percent,
are subject to erosion by wave action. It is estimated that
the rate of erosion of these north shore bluffs ranges from
one to three feet per year. Because of their steep slope
and susceptibility to erosion, the bluffs are not suitable
for development.
Beaches and dunes are also environmentally sensitive land-
forms which should be preserved. Beaches and dunes are
subject to flooding from tidal action, and therefore are not
suitable for development. In addition, beaches and dunes
are not static landforms, but are constantly changing and
responding to the forces of wave and wind action. Where as
in the past houses have been built too close to the dunes
and beaches, this practice must be discouraged.
Marine Life
The marine waters in end around the Town of Southold support
a variety of fish and shellfish. These fish and shellfish
are important not only as natural resources, but also as the
basis of the Town's commercial and recreational fishing
industry.
29
SZEPATOWSKI ASSOCIATES INC. F. NVIRONMEN~AL CONSULTAN'IS
S/Il
Shellfish found in the Southold area include hard clams,
soft clams, oysters, bay scallops, mussels and conchs. The
hard shell clam lives near the surface of sandy or muddy
substratee, while the soft-shell clam remains buried at
deeper levels. The eastern oyster requires a hard substrate
for attachment, as does the blue mussel, which attaches to
rocks in the tidal zone with its byssus (a bundle of strong
threads). Bay scallops spend their early stages of life
attached to hard surfaces, though ss adults they are free-
swimming.
Some locations within the Town which support these shellfish
include Long Beach Bay, which contains hard clams, soft
clams, end bay scallops, and Orient Harbor, which has bay
scallops. Hard clams are also found in a number of tidal
inlets, including Arshamomaque Pond, Corey Creek, and Goose
Creek.
A wide variety of finfish are found around Long Island and
in Long Island's many bays. These finfish include both
offshore species, and species which are found in shallow
neershore areas or in estuarine waters. Some of the most
commonly harvested finfish species are described in the
following paragraphs.
The blackback flounder (winter flounder) and fluke (summer
flounder) are both members of the flatfish family. These
fish can lay flat against the ocean (or bay) floor and alter
their skin color to blend in with the background and avoid
predators. The winter flounder migrates to inshore areas
during late autumn, while the summer flounder migrates
inshore between late spring and early fall.
Another popular fish is the blackfish, or tautog, which is
found near rocky shores, piers and breakwaters, where it
feeds on barnacles, mussels, and clams. These fish migrate
to shallow waters during the spring, and in winter move to
somewhat deeper water.
Bluefish are migratory fish which travel in schools, and
which may be found in areas with turbulent water. Other
schooling fish are the Atlantic mackerel, which is found in
Long Island waters during the spring and fall, and pollock,
which is also found in nearshore waters during the spring
and fall.
Porgies, or scup, are a popular species with recreational
fishermen. The population of porgies has increased greatly
in the New York area in recent years, as has the population
of black sea bass. Like blackfish, black sea bass are
attracted to rocky areas, breakwaters, and shellfish beds.
Another species whose population in Long Island waters has
increased recently is the weakfish, one of the few gamefiah
species that spawn in local Long Island waters.
30
SZEPATOWSKI ASSOCIATES INC. ENVIRONM£NTAL CONSLILTAN]'S
.S ll
A species sought by recreational as well as commercial
fishermen in the Town is the striped bass. This fish is
anadromous which means that it lives in salt water, but
returns to freshwater to spawn. Because of widespread
pollution of rivers in New York and Connecticut that might
be and/or are spawning grounds for this species, conser-
vationists and the New York State DEC are interested in
taking steps to limit the catches of commercial fishermen by
such means as increasing the requirements regarding the
length of fish that can legally be harvested in order to
reduce the decline of the striped bass population.
?. Vegetation and Wildlife
Vegetation
There are a wide variety of plant communities in Southold,
ranging from aquatic tidal communities to upland forests.
The occurrence of these different communities is determined
basically by elevation (and tidal influence) and the type of
suhstrate (sand, marine sediments, glacial drift). The
major plant communities found in Southold consist of the
following: beach and sand dune community; low salt marsh;
high salt marsh; transitional shrub community; and the
upland forest.
Vegetation in the beach environment is very limited, with
only a few tufts of beach grass found along the higher areas
of the beach. The dune area supports more vegetation, but
plant growth is still limited by the shifting sands, salt
spray, and occasional tidal floods. Beach grass, which is
the dominant plant in the dune system, has an extensive root
system which is a major factor in the growth and stabili-
zation of dunes. Other plants common in the dune system
include beach plum, beach pea, poison ivy and sea rocket.
The tidal wetland, or salt marsh community, can be divided
into two general groups: the low salt marsh, and the high
salt marsh. The low marsh is subject to daily tidal flood-
ing, and the dominant plant is Spartina alterniflora. The
high marsh, which receives less frequent tidal flooding, is
dominated by Spartina patens and Juncus gerardi.
The transitional zone between marsh aress and upland areas
generally contains a variety of plant species. In the lower
reaches of this zone, which may be subject to an occasion-
ally storm tide, common plants include marsh elder, and a
variety of grasses. In the higher reaches of this zone
common plants include groundsel bush, bayberry, and other
shrubs.
There are no extensive forests in Southold, but there are
many smaller forest areas scattered through the Town.
Forests on the morainic deposits along the northern edge of
31
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS
S/II
the Town commonly consist of red oak, white oak, and black
oak, along with some yellow poplar, red maple, and black
cherry. Conu~on understory species include huckleberry,
sassafrass, dogwood, and mountain laurel.
Co,on trees on the outwash plain include white oak, hicko-
ry, white aspen, scarlett oak and, in the sandier areas,
scrub oak and pitch pine. Common understory plants include
huckleberry, greenbrier, sumac, and, in the sandier areas,
common grasses and poison ivy.
The forested areas of the Town are important as groundwater
recharge areas, are useful as windbreaks by reducing wind-
caused soil erosion and have benefits in maintaining air
quality.
The different plant communities found in Southold are not,
in themselves, limiting to development. However, taken as a
whole with the coastal features they are associated with,
some of them do present severe constraints on development.
As previously mentioned, both the wetlands and the
beach/dune areas are very sensitive coastal features which
should be preserved in their natural state.
Wildlife
The different vegetation types occurring in the Town of
Southold support a variety of mammals. Among the most
common are the eastern cottontail and the raccoon, both of
which are found in a variety of habitats, including woods,
wetlands, and dunes. Gray squirrels are also common, though
they are found primarily in areas with deciduous trees. The
red fox is fairly abundant, living primarily in woods,
shrubs, and dune areas. White-tailed deer are common in
those areas of the Town where there is sufficient vegetation
for Cover. Other mammals occurring in Southold include
moles, opposum, shrews, mice and bats.
There are a number of mammals which were common in Southold
in the early part of the century, but which have become rare
in recent decades. These include the woodchuck, muskrat,
mink, and striped skunk.
The Town of Southold supports · rich variety of birdlife,
including both nesting and migratory species (the Town is
located within the Atlantic Flyway, a major eastern mi-
gration route). Types of birds occurring in Southold
include shorebirds, wading birds, raptors, waterfowl, and
perching birds.
Birds which often breed in the Town of Southold and espe-
cially in the Orient area (see NYSDEC list of significant
habitats later in this section for other nesting areas)
during the late spring and summer £nclude herons
32
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANt'S
S,41
(yellow-crowned and black-crowned night herons}, great and
snowy egrets, osprey, glossy ibises, rails (clapper), gulls,
terns (roseate, least and common) and plovers (piping).
Non- breeding birds which may be sighted during the summer
include double-crested cormorants, oldsquaws, end
white-winged scorers.
A large number and variety of birds are present in Southold
during the winter, especially in Orient Beach State Park,
Cedar Beach, Nassau Point, Robins Island and Fishers Island.
Species present include loons, grebes, cormorants, swans,
mallards, black ducks, scoters, and mergansers, along with
some hawks (sharp-shinned, red-tailed, and rough-legged),
kestrels, and merlins. Other birds common at this time of
year include gulls (great black-backed, ring-billed,
herring, and Bonaparte's) and owls (barn, screech, great-
horned and short-eared).
The NYSDEC lists species of wildlife that are endangered,
threatened and of special concern in New York State (many of
these species are found in the areas of significant habitats
discussed below). Of those native species considered
"endangered", i.e. in danger of extirpation or extinction in
New York, the tiger salamander, least tern and roseate tern
can be found in Southold. Of those native species con-
sidered "threatened", i.e. likely to become an endangered
species within the foreseeable future in New York, osprey,
northern harrier, piping plover and common tern may be found
in portions of the Town.
The DEC lists a third category of "special concern" species
which are not yet considered endangered or threatened, but
for which documented concern exists. The species found in
Southold placed in this category include= spotted
salamander, spotted turtle, diamondback terrapin, eastern
hognose snake, least bittern, upland sandpiper, common barn
owl, short-eared owl, common night hawk, eastern bluebird,
grasshopper sparrow and vesper sparrow.
The NYSDEC has indicated that there are several areas of the
Town on their preliminary list of Significant Wildlife
~abitats. These include Robins Island, a section of
Southold near the mouths of Town Creek and Jockey Creek,
Conkling Point, Hallocks Bay and Orient Point Marshes, and
sections of Fishers Island and small nearby islands, Plum
Island and Great Gull and Little Gull Islands. The follow-
ing wildlife, particularly birdlife, are included in the DEC
lists for each habitat:
Robins Island:
black crowned night heron colony;
snowy egret breeding area;
yellow crowned night herons breeding area;
common and roseate terns breeding colony; and
osprey breeding colony.
33
SZEPATOWSKI ASSOCIATES INC. [NVlRONMEN]AL CONSULTANTS
S/Il
Great Gull and Little Gull Islands=
roseate tern nesting colony~
common tern nesting colony.
34
SZFPATOWSKI ASSOCIATES INC. £NVlRONMEN'I~AL CONSULTANTS
S/Il
Southold (Town and Jockey Creeks)=
common tern nesting coXony~
roseate tern nesting colony~ and
black skimmer nesting colony.
Conkling Point~
least tern nesting colony.
Hallocks Bay and Orient Point Marshes~
osprey breeding colony~
sharptailed and seaside sparrows nesting area~
clapper rails nesting area~
diamond-backed terrapin~ amd
brant.
Fishers Island= at Stony Beach -
common terns nesting colony~
herring gulls nesting colony~
at Beach Pond -
least tern nesting colony~
on Islands off Fishers Island -
herring gulls nesting colony and
great black backed gull nesting colony.
Plum
Island - nesting colonies for=
snowy egret
black-crowned night heron~
great egret~
little blue heron~
louisiana heron~
glossy ibis~
herring gull~
great black-backed gull~
osprey~
green heron~
least bittern~ and
spotted turtle~
box turtle~
musk turtlel
snapping turtle~
painted turtle~
red-backed salamander~
spotted salamander~
black duck~
gadewa11~
mallard~
wood duck~
green-winged teal~
canada goose~
red-tailed hawk~
rough-legged hawk~
broad winged hawk~
marsh hawk (harrier)~ and
muskrat.
35
SZEPATOWSKI ASSOCIATES INC. ~.NVIRONMENTAL CONSULTANTS
S41
SZEPATOWSKI ASSOCIATES INC. [N¥1RONMEN]AL CONSULTANTS
.e~ll
SZEPATOWSK! ASSOCIATES INC, ENVIRONMENTAL CONSULTAN1$
3'7
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTAN'IS
.S~II
38
SZEPATOYVSKI ASSOCIATES INC. ENvlRONM£N~AL CONSULTANTS
S/Il
39
S/il
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANIS
40
l
,S/Il
~ZEPATOWSKI ASSOCIATES INC. F-NVIRONM£NTAL CONSULTANT%
.e~ll
41
!
SIGNIFICANT ENVIRONMENTAL IMPACTS
After many months of review and study, several public
workshops and public hearings, and scrutiny by the Planning
Board and Town Board, significant adverse environmental
impacts have been identified as potentially occurring due to
the following provisions in the proposed text.
- The marine business zoning text and map designations.
- The light industrial district in Cutchogue.
- The creation of a one-acre district.
- Sage Boulevard zoning.
- The "Norris Property" zoning.
- Hamlet Density Districts.
1. Marine Business
In an effort to assuage the fears that an earlier draft
of the Local Law's inclusion of a single marine business
district would create too wide a latitude of permitted
uses in sensitive tidal reaches, two marine business
districts are included in the present proposal, Marine I
and Marine II. The intent and purpose of these districts
has been stated previously.
In general, development proposals under these two new
districts would present fewer adverse impacts on the
marine environment than would be expected from such
proposals under current zoning. The one exception is the
Marine II district on the unnamed creek in New Suffolk
wherein that district is at the head of the creek instead
of at the open bayfront. The location of this Marine II
district does not fit the overall district location
SAi L,d.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAi
42
criteria, but since an active boat yard presently exists
there, the decision to assign to it a conforminG zoning
designation was made. The small volume of water, the
narrow and confined nature of this creek and the
closeness of existing dwellings could create adverse
impacts if major expansions of existing activity were to
take place in either the Marine I or Marine II District.
Other areas of concern lie along Mattituck Creek.
BeGinninG at the head of the creek, the two Marine II
Districts are not located at the best flushinG locations
on the creek and are also located in close proximity to
existing residential areas. ProceedinG north, the Marine
II District on the west side of the creek contains severe
slopes. Great care must be taken to avoid construction
on these slopes since stabilization will likely prove
difficult. Finally, at the mouth of the creek lie two
industrial uses that could seriously damage water quality
if allowed to expand or reinstate now abandoned uses. In
this case the Marine II designation is a significant
improvement from the existinG C-1 designation.
2. Light Industrial Expansion
It is proposed to increase industrial zoninG from 136
acres on two separate tracts north of CR48 between Depot
Lane and Cox Lane in CutchoGue to the entire block. The
east side of Depot Lane is proposed for LiGht
Industrial/Office Park (LIO) and the sanitary landfill
and Cox Lane frontage is proposed for LiGht Industrial
(LI). Total acreage is 105 Ac of LIO and 146 of LI.
Potential adverse impacts are Groundwater, traffic,
visual, noise and air impacts. All of these impacts can
:ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
43
be mitigated. It should also be noted that the past and
recent operation of the town's sanitary landfill has
caused adverse impacts in these categories and that a
philosophy of localizing and mitigatinG adverse impacts
of industrial type development in one location underlies
this expansion in acreage at this particular site.
The LI and LIO Districts are more strict than the current
C Districts in terms of the uses permitted by right or by
special permit, in lot coverage and in landscapinG. Lot
coverage in the LI District is 30 percent, in the LIO
District it is 20 percent, while in the C Districts there
is no limit. Landscaped area in the LI District is 25
percent, in the LIO District it is 35 percent, while in
the C Districts there is no requirement. The table below
clearly compares these requirements.
COMPARISON OF DIMENSIONAL REGULATIONS
ExistinG Proposed
C-Light C-1 LI LIO
Lot CoveraGe (%) - - 30 20
Landscaping (%) - - 25 35
The proposed zoning introduces new area and bulk controls,
however, some adverse impacts may still occur.
Ltd.
~:NVIRONMENTAL CONSULTANTS & PLANNERS
SAI
44
Traffic appears to be the most serious of the potential
impacts because there is no specific upper limit on the
nun~ber of industrial uses per lot or unit of area. The
rest of the impacts can be mitigated through existing
regulations or improved methods of review also proposed
in this Local Law.
3. Creation of the R-40 District
The sole existing single family residential density is a
two-acre density. While the two-acre density only
moderately impacts groundwater quality, preserves a rural
atmosphere, Generates modest traffic impacts and
municipal costs, it differs from the existinG density of
hamlet and coastal development in Southold which is
predominantly one acre or less per dwellinG.
What has been proposed in and around the hamlet centers
and along the predominantly developed shoreline is a new
district, R-40, or one dwelling per 40,000 square feet of
lot area. This allows the development of smaller bulk
parcels, infill of residential neighborhoods, and a
transition of development from hamlet centers to rural
densities. Further, it provides a lifting of the
administrative burden of a single one-family zoning
density by reducinG the potential number of applications
for area and yard variances.
SAI
In certain areas however, with shallow Groundwater and no
public water supply, development at this density may
cause wells to run dry or turn brackish near the
bayfront. ExistinG problems in private supply areas have
pointed out that extensive development at this density
cannot be sustained without extensions of public water
~NVIRONMENTAL CONSULTANTS & PLANNERS
SA!
45
mains. The Greenport water system is under stress at the
present time and no public water systems serves Mattituck
or the Peconic Bay shoreline west of Hog Neck. New well
sites placed inland serving the developed hamlets and
Peconic shorefront may need study in the future.
4. "Norris Property" Zoning
A 27 acre parcel of vacant land on Camp Mineola Road in
Mattituck was proposed for a two-acre density by the
Planning Board in its comprehensive zoning
recommendations. It is currently zoned "M" Multiple
Residence and emerged from the zoning workshop process in
1986 carrying the HD zoning designation. This parcel has
been the subject of much concern relative to the adverse
environmental impacts possible if development took place
at the HD density, particularly with regard to both
quality and quantity of groundwater.
5. "Sage Boulevard" Zonin~
A Marine Business District of over 35 acres along both
sides of Sage Boulevard was proposed at the public
hearings. Several development proposals seeking to take
advantage of this zoning have been submitted to the
Planning Board. As a result of the review of these
proposals and to make the zoning adopted for this area
more fully comply with the Future Land Use Plan, all
lands not currently utilized as a marina have been
returned to a residential (R-80) category. The existing
marina has been redesignated M-II, consistent with the
intent of that district.
Ltd.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
46
F. ALTERNATIVES
Alternatives to the proposed Local Law as now proposed:
- No-Action
- Partial Adoption
- Hold for further study
1. No Action
The No-Action alternative is simply to do nothing further
on the proposed Local Law and let the Ordinance and
Zoning Map stay as is. Compared with the proposed Local
Law in terms of environmental impact, this alternative is
not favorable. Among the many potentially significant
adverse impacts continued by this course of action, but
precluded by the proposed Local Law are:
a) Unchanged density in water quality stressed
areas of Orient.
b) Poor existing site plan review procedures and
standards.
c) Proliferation of environmentally damaging uses
along sensitive waterfronts.
d) Excessive density on Robins Island.
e) Excessive strip commercial zoning bordering
hamlets.
f) Over intense industrial development.
g) Insufficient flexibility in cluster
developments to produce the best design with
least impact.
h) Insufficient landscaping and sign control to
minimize visual impacts.
ENVIRONMENTAL CONSULTANTS & PLANNEF~5
48
The No-Action alternative is thus less able to preclude
adverse impacts on the environment than is the proposed
set of Local Law.
2. Partial Adoption
This course of action considers the adoption of parts of
the proposed Local Law, leaving others for further study
or no-action. Partial adoption may include text
amendments only, or some combination that logically ties
together, for example the creation of a five-acre zone in
Orient means both a map and a text amendment.
Certain text amendments can be separated from the whole
set of Local Law and adopted singly. The Affordable
Housing District was adopted this way. This is
acceptable as long as it is understood that it is a part
of a logically conceived implementation of a plan. The
danger is to adopt the less controversial elements first
leaving more politically difficult amendments to die a
slow death.
A zoning ordinance to be successfully defended must be
based in the comprehensive planning process and on a
comprehensive master plan. Ad hoc adoption of parts
exposes the municipality to challenges of the method of
adoption. Adoption of a comprehensive Local Law
amendment provides for a quicker adjustment period and
facilitates the publication of a complete up-to-date
document rather than a series of slip sheet amendments
easily misplaced from one another or the main text.
While these are not environmental impacts in themselves,
a complete, coherently updated ordinance is easier to
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
49
administer and enforce, which has positive implications
for effective environmental protection.
At this point in time of the evolution of the present set
of amendments to the Zoning Ordinance, full adoption
presents the most environmentally benign alternative,
compared to the no-action or any set of partial
adoptions.
3. Hold For Further Study
This alternative is really an extension of the no-action
alternative. While no zoning ordinance is perfect nor
does any zoning amendment cure all ills, holding up the
present set of amendments for further study will protract
the possibilities of adverse environmental impacts from
occurring due to inadequacies in the current ordinance.
It also does not guarantee a better set of amendments in
the foreseeable future.
That is not to say that there are no existing additional
techniques in accepted planning and zoning practice that
should not be studied for use in Southold. A major
example is transfer of development rights (TDR). Given
the proper set of guidelines, TDRs could work in the
town. It is a sophisticated concept and procedurally
complex, but has been upheld in many courts of law as a
legal zoning concept. It perhaps should be studied in
depth in the near future, but should not hold up the
presently proposed set of amendments which are needed to
improve the administration of land use management in
Southold.
SA!
~ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
50
No additional alternatives to the broad options presented
above have arisen durinG the comment period. To
reiterate, among the broad alternatives considered, the
proposed zoninG code amendments are the most
environmentally favorable. Additional planning tools
such as TDR; lower density zoning in sensitive areas;
purchase of development rights in agricultural, recharge,
wetland habitat and other environmentally sensitive areas
should be considered by the town.
S/Il
ENVIRONMENTAL CONSULTANTS & PLANNERS
S/il
51
G. IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES
A precise determination would of necessity have to be made at
the site specific development proposal stage. It is not
possible at the level of a Generic environmental impact
statement on a Local Law that proposes general zoning
amendments to determine all of these commitments in any exact
or accurate way.
A major irreversible impact will be the commitment of
agricultural land to residential, commercial or industrial
use. At least half of Southold's existing farmland will be
lost to development upon saturation even with the full and
stringent application of the land use regulation mechanisms
in the proposed Local Law. More would be lost by the
no-action alternative. As stated previously, to minimize
this occurrence, additional farm preservation mechanisms need
to be adopted by the town.
Some irreversible loss of public access to the waterfront may
also be experienced if appropriate measures are not taken
during the development review process. Likewise some views
and vistas may also be lost if not reserved for public use.
Finally, that quality of life that has been present in
Southold for centuries will have changed immutably if the
town does not continue to strive for controlled, quality
development. In certain areas, due to decisions already made
under existing zoninG, the existing and future quality of
life has already changed.
ENVIRONMENTAL CONSULTANTS & PLANNERS
52
H. MITIGATION MEASURES
This section will deal with mitigation measures to minimize
adverse environmental impacts that are still possible after
adoption of the proposed Local Law. Other measures may of
course be raised both in the review of the GEIS and in the
site specific EIS process and so this discussion is not meant
to limit the mitigation measures possible but to begin the
process of considering possible methods. The possible
mitigation measures will be considered for each proposal or
issue raised in the evaluation of environmental impacts.
1. Marine Business
A major concern in the marine business district is
pollution of the creeks and poorly flushed bodies of
water in which some marinas are located. Providing
pumpouts will minimize the chance for human wastes to
enter the marine environment. The prevention of surface
drainage from directly entering the creeks, the use of
low toxicity bottom paints, and adequate disposal of
marina solid and hazardous wastes are all general
mitigation measures that need to be incorporated to
prevent toxic materials from spilling and leaching into
the marine environment.
Each proposed and existing marine business district
should be studied to set bulkhead or pier limits in the
channel ways to provide sufficiently wide channels for
maneuvering, and to prevent overcrowded marine traffic
conditions.
ENVIRONMENTAL CONSULTANTS & PLANNERS
53
Coordinated reviews of marina expansion must be made
mandatory. Segmented and fragmented reviews in the past
have caused uncoordinated marine and land based
activities. The results of this uncoordinated review
have been overcrowded marine and shore conditions,
inadequate parking facilities, uncontrolled winter boat
storage, poor street access and a Generally inferior
appearance among many of Southold's marinas.
The provision of community or public water and advanced
waste treatment will be necessary for all new marinas
and for expansion of existing marinas to assure a safe
water supply, stabilization of the fresh/saltwater
interface, and minimal pollution from domestic waste
from entering marine waters.
Many areas of impact mitigation will be covered in the
town's Local Waterfront Revitalization ProGram. Some
important measures need to be stressed here however.
Most marina expansions accompany proposals for
dredginG. DredGinG policies need to be established in
coordination with the DEC and Suffolk County Department
of Public Works - Marine Division, particularly for
spoils disposal. Attention needs to be paid to littoral
drift and shoreline erosion when evaluating marina
expansion. Installation technique, dock length and dock
location, and bulkheadinG all need to be viewed with an
historic perspective on the dynamics of the local
coastline. Parts of Southold's coastline are moving and
shiftinG. Stabilization of a moving coastline has
ramifications down drift that need to be accounted for
before construction and not after.
ENVIRONMENTAl. CONSULTANTS & PLANNERS
SAI
54
Finally, in review of marina site plans, care must be
taken to assure that specific site areas are allocated to
specific uses and that only land above mean high water is
counted for upland uses. Marinas typically are mixed and
multi-use properties. The interaction of these land uses
must be examined. Overcrowded conditions quickly result
from vague site plans, non-specific conditions, double
counting parking (once for marina and once for a shore
use) and segmented review.
In conclusion, Appendix C is provided in this GEIS as a
reprint from the Long Island Regional Planning Board's
Non-Point Source Handbook. This contains valuable
recommendations that should be adopted by the town to
further protect its creeks and bays.
2. Light Industrial Expansion
The light industrial expansion in the vicinity of the
Cutchogue Landfill presents some unique planning
problems. First, if what is known about the underground
conditions in Southold today were known when the location
of dump was first selected, the present location would be
ruled out early in the process. Its location lies above
the Cutchogue groundwater lens in the lens' northeast
quadrant. Thus groundwater and leachate flow generally
toward the north, due east of Duck Pond Point. If
contamination of the aquifer were to occur due to dump
leachate, it would be detected in the area north of the
present landfill.
Care must thus be exercised in the review of all
development proposals in the proposed LI and LIO
55
S/Z~I Ltd.
t:NVIRONMENTAL CONSULTANTS & PLANNERS
Districts with regard to groundwater. Specific measures
will be discussed later in this section.
The road frontages of the LI and LIO Districts should not
be allowed to develop piecemeal because it then becomes
difficult to control traffic and visual impacts on
separate individual site plans. Integrated planning of
the large tracts also becomes difficult. Now is the time
for the Planning Board to develop a sketch plan for the
entire 250 acre block, while the pressure to develop it
is low and the land is vacant, to determine the best
allocation of industrial lots, road pattern, drainage,
screening and the other features attendant to good site
planning. Long range solid waste management plans should
also be incorporated into this process.
In the Cutchogue LI/LIO Districts, wet industries should
be prohibited. Those industries that use significant
amounts of water, for example, more than would
residential development on a per acre basis, can be
classified as "wet" in a town with a sensitive
groundwater condition like Southold. Examples are
bottling works and processes that use water for cooling
or quenching. In addition, the Cutchogue LI/LIO District
should be the focal point of application of industrial
performance standards with regard to groundwater. This
is discussed in more detail later.
3. Creation of the R-40 District
In those areas with shallow groundwater and no public
water supply where development at this density may cause
wells to run dry or turn brackish, at least a Type I SEQR
SA I L~d.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
56
Districts with regard to groundwater. Specific measures
will be discussed later in this section.
The road frontages of the LI and LIO Districts should not
be allowed to develop piecemeal because it then becomes
difficult to control traffic and visual impacts on
separate individual site plans. Integrated planning of
the large tracts also becomes difficult. Now is the time
for the Planning Board to develop a sketch plan for the
entire 250 acre block, while the pressure to develop it
is low and the land is vacant, to determine the best
allocation of industrial lots, road pattern, drainage,
screening and the other features attendant to good site
planning. Long range solid waste management plans should
also be incorporated into this process.
In the Cutchogue LI/LIO Districts, wet industries should
be prohibited. Those industries that use significant
amounts of water, for example, more than would
residential development on a per acre basis, can be
classified as "wet" in a town with a sensitive
groundwater condition like Southold. Examples are
bottling works and processes that use water for cooling
or quenching. In addition, the Cutchogue LI/LIO District
should be the focal point of application of industrial
performance standards with regard to groundwater. This
is discussed in more detail later.
3. Creation of the R-40 District
In those areas with shallow groundwater and no public
water supply where development at this density may cause
wells to run dry or turn brackish, at least a Type I SEQR
Ltd.
ENVIRONMENTAL CONSULTANTS & PLANNERS
S41
56
review of each major subdivision is recommended in order
to reveal and assess groundwater impacts.
4. Norris Property Zoning
Section E4 on adverse environmental impacts pointed to a
concern over groundwater on this site. The original
Master Plan recommendation for this site was for an R-80
zoning designation. The R-80 zoning designation is a
significant mitigation measure versus existing zoning and
for consistency should be reinstated for this site.
Failing that, it is recognized that a full DEIS is in
preparation for a development proposal on the site. For
the purposes of compliance with SEQR, that site specific
impact statement will fulfill the review of the Norris
Property and its development potential, to determine the
significant impacts on the environment if developed at
existing zoning.
5. "Sage Boulevard" Zoning
No further mitigation than the rezoning described
previously is viewed necessary at this time. A
development proposal under existing zoning has become
dormant.
6. HD District
For the floating HD district, some limits are necessary
to lessen the change in character possible if every
potential acre were developed at the HD density.
S/~l Ltd.
It is suggested that a reasonable upper limit of ten or
fifteen percent of the number of existing single family
ENVIRONMENTAL CONSULTANTS & PLANNERS
S/Il
57
dwellings be set as a policy limit on housing stock for
multi-family housing in each hamlet. This should be
adopted as town policy to preserve the essentially single
family nature of each hamlet in Southold.
It is also proposed that no single development
application contain more than one hundred units or more
than half of the hamlet's maximum limit, whichever is
smaller, under this policy in order to minimize the
development's impact within a hamlet unless the Planning
Board finds another limit to be more appropriate at the
application stage.
7. General Groundwater Mitigation Measures
A general mitigation measure applicable town-wide relates
to groundwater protection in the planning and management
of land use activities to insure quality recharge. It
involves the development of a special overlay district
encompassing deep recharge and water budget areas.
Overlay district provisions should preclude intensive
uses except where such uses can meet perfol-mance
standards designed to minimize groundwater, surface water
or other environmental impacts. SEQR Type 1 assessments
should be made mandatory for any residential "down
zoning" or change from residential to a non-residential
use. Performance standards should be modeled after those
developed by the Town of Brookhaven in conjunction with
the Suffolk County Department of Health Services (see
Appendix D) for deep recharge and groundwater protection
districts.
SAI
ENVIRONMENTAL CONSULTANTS & PLANNERS
SA!
58
In addition the town should adopt regulations to limit
site clearance and require preservation of natural
vegetation to minimize extensive clearing and future lawn
areas, and prevent the development of golf courses in
critical recharge areas.
The town should encourage conservation easements for new
development in critical recharge areas or within any
special protection district. The taxes for the dedicated
areas should be based on the open space value rather than
the development value.
Conserwation easements should include buffer zones
(preservation areas) extending for a minimum distance of
100 feet from river, stream, lake, or pond banks in
undeveloped or partially developed lands adjacent to
surface waters and land required to protect additional
resource areas (wetlands, woodlands, wildlife habitats).
Southold should enact a local law limiting the portion of
any site that may be cleared and, ultimately used for
lawns or other fertilizer demanding areas. The town
should require the minimal disturbance of any existing
natural vegetation, including the greatest possible
protection of natural vegetation should be based upon
allowable building coverage and setback provisions of
existing zoning requirements and site characteristics.
Further, the town should enact local legislation
requiring the establishment of buffer zones in new
developments, where land.and natural vegetation should be
left undisturbed. Buffer zones should be required
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
59
between the edge of lakes, ponds, streams, creeks, bays,
the top of the bluff face, and dunes or beach and the
edge of site disturbance and/or development. The size of
buffer zones required may vary according to the
sensitivity of the resource. The buffer zone should also
prohibit the installation of lawns directly adjacent to
surface waters, since storm water runoff may transport
fertilizers applied to lawns to surface waters.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
60
I. GROWTH INDUCING IMPACTS
Growth inducing impacts of the proposed Local Law appear to
be limited to hamlet settings. By the nature of the hamlet
density proposal it is intended that growth be channeled to
those very areas where the existing infrastructure can
support increased density, where retail goods and services
are concentrated and where other essential facilities such as
churches, schools, libraries and public transportation are
provided.
By adhering to the policies suggested in the GEIS, the
distribution and concentration of population increase will be
spread fairly across the town and limited in each hamlet in
proportion to its existing size so the growth inducement will
not be unduly concentrated in any one hamlet.
Further consideration of this type of impact should also be
done during the review of the application for each proposal.
A periodic re-evaluation of the Master Plan and Zoning
Ordinance should also be done. The period following the
publication of population and housing data from each
decennial federal census is normally an appropriate time to
re-evaluate community master plans.
SAI ,,,.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAi
61
J. EFFECTS ON ENERGY RESOURCES
By concentrating density into hamlet surroundings, overall
energy use, particularly for travel to convenience shops, is
decreased. By spreading the distribution of housing
opportunities to all hamlets and limiting housing increases
to each hamlet, undue concentration of traffic congestion is
avoided. By encouraging multi-family dwellings in the HD
Districts, domestic energy conservation will be enhanced.
Beyond these three general points, more specific assessments
on energy resource effects are difficult to make. This
should be addressed at the project level.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
62
K. STUDIES AND REPORTS UTILIZED
Except where directly quoted or copied, the studies and
reports listed below provide the basis for the discussions
and conclusions reached in this impact statement. In order
to fully understand the total planning effort undertaken by
the Town of Southold since 1980, these background documents
are required reading. In addition, other programs the Town
has begun, such as the Farmland Preservation Program, have
had a vital and lasting impact on the Town's effort to forge
its future image. A comprehension and appreciation of these
efforts likewise is necessary to fully understand Southold's
planning program.
me
ERM Northeast and Camp Dresser & MCKee. North Fork Water
Supply Plan, 1983.
2. Long Island Regional Planning Board. National Urban
Runoff Program, 1982.
3. Long Island Regional Planning Board. Non Point Source
Handbook, 1984.
4. New York State Department of Environmental Conservation.
Long Island Groundwater Management Program, 1983.
5. New York State Department of Environmental Conservation.
SEQR Handbook, 1982
6. RPPW Master Plan Update Background Studies, 1983.
7. RPPW Master Plan Update Summary, 1985.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SAI
63
8. Suffolk County Department of Health Services. Suffolk
County Groundwater Resources Management Plan, 1987.
9. Szepatowski Associates, Inc. Town of Southold Local
Waterfront Revitalization Program, Tasks 1-3, 1987.
ENVIRONMENTAL CONSULTANTS & PLANNERS
SA!
64
APPENDIX A
MASTER PLAN UPDATE SUMMARY
(DRAFT)
SZEPATOWSKI ASSOCIATES INC. ~.NVlRONMENTAL CONSULTAN'~S
S/Ii
6. HD Districts
The proposed zoning amendments include the provision for
developments at a "hamlet" density of one dwelling per
20,000 square feet with community water and one dwelling
per 10,000 square feet with water and sewer. This
district replaces the M and M-I District which allowed
development at the same densities, but allowed multiple
dwellings as a permitted use rather than as a special
exception, as proposed. Thus, reasonable conditions to
safeguard the surrounding community from any adverse
effects of development at this density can be imposed as
well as special exception conditions to achieve the
goals and objectives of the Master Plan.
S/il
ENVIRONMENTAL CONSULTANTS & PLANNERS
S/Il
47
Master Plan
Update
Summary
Town of Southold,
Suffolk County,
New York
Town of Southold Planning Board
Raymond, Parish, Pine, & Weiner, Inc.
Planning Consultants
Tarrytown, New York
April 1985
TABLE OF CONTENTS
INTRODUCTION ..............................................
PROPOSED GOALS ............................................
,OVEP~%LL PLANNING ...............
HOUSING/RESIDENTIAL DEVELOPMENT ~[]~[~]~[~][]
ECONOMIC DEVELOPMENT .................................
WATERFRONT ................
ENVIRONMENT .........
COMMUNITY FACILITIES/UTILITIES ......................
TRANSPORTATION .......................................
LAND
USE PROPOSALS ................
.......,..........--.-.
AGRICULTURAL AND RESIDENTIAL o'°°°'''°''''''''°'°''''
Agricultural Conservation ......................
Low Density Residential ........................
Hamlet Density Residential .....................
Office/Residential .............................
Residential/Resort .............................
Residential Capacity ...........................
COMMERCIAL ........ :...
General Commercial ..............................
Marine Commercial/Marine Recreation .............
LIGHT INDUSTRIAL/OFFICE ..............................
RECREATION AND OPEN SPACE ............................
Recreation ......................................
Open Space ...............
TRANSPORTATION/UTILITIES
Alternative Airport ~i~'~~~
Sound View Avenue Extension ....................
East Marion Northerly Road .....................
Route 48 Improvement %~.~.
Aldrich Lane By-pass 4s''''''''''''''''
~5 ...............
Moore's Lane By-pass to Route 48 ...............
}La24LET STUDIES ............................................
PAGE
3
3
3
3
3
3
4
4
4
5
6
6
6
7
8
9
9
10
11
11
11
12
13
13
13
14
15
15
15
16
16
16
16
17
18
NEXT STEPS ................................................ 20
INTRODUCTION
A comprehensive Master Plan is a statement of what the Town
considers to be its long range goals and the desirable types and
patterns of development appropriate to achieve those goals. The
plan is comprehensive in that it addresses all aspects of the
community -- residential development, economic development,
natural environment, community services and facilities, and
transportation systems -- and sets forth the approach to achiev-
ing the desired ends.
The community's Master Plan should never be considered as a
static blueprint to be followed without regard to changing condi-
tions, but rather should be viewed as a dynamic document to be
reviewed periodically and revised as necessary. Moreover, since
the plan is intended as a long range statement, the implementa-
tion of the plan will take place over an extended period of time.
Formal and informal community planning efforts for the Town of
Southold have been ongoing for the last several decades. In 1967
a Comprehensive Development Plan was prepared by Raymond and May
Associates. Zoning amendments were subsequently adopted by the
Town Board and most portions of the original Plan were later
incorporated into a Development Plan prepared by the Town in
1978. During the early 1980's development pressures have in-
creased on the North Fork. At the same time concern for protect-
ing the Town's natural resources including its water supply,
began to intensify. These circumstances suggested that it was
timely to review the Town's planning objectives and existing
Plan.
In the fall of 1982, Raymond,
retained to assist in updating
ment Plan.
Parish, Pine and Weiner, Inc. was
the Town's Comprehensive Develop-
The updating of Southold's Comprehensive Plan has been divided
into three basic phases. The first phase involved primarily data
gathering and identification and analysis of goals, issues,
opportunities and constraints to be considered in developing a
plan. Several background reports and maps were prepared to
describe and illustrate and analyze existing conditions
including: land use; natural resources; water supply; the
economy emphasizing agricultural, fishing, and tourist
industries, population and housing; community services and
facilities; transportation and historic features; planning issues
and Town planning goals. This material is incorporated into a
report entitled, Master Plan Update - Background Studies. This
material formed the basis for the preparation of the Preliminary
Plan by the Consultants.
LIST OF MAPS
LAND USE PLAN ...................................
HAMLET STUDY LAND USE pLANS .....................
Mattituck ...................................
Cutchogue ...................................
Southold ....................................
Orient ......................................
Following Page
6
18
18
18
18
18
The second phase has been the preparation of the Plan itself.
This process included the preparation of a Preliminary Plan by
the Consultants, Planning Board and Master Plan Workshop Commit-
tee, a series of meetings for public review and discussion of the
Preliminary Plan, and finally the development of a Plan by the
Planning Board. This Plan is the Planning Board's recommendation
to the Town based on the work of its Consultants and input from
the public.
The third or implementation phase, involves preparation of the
tools necessary to implement the Plan. This phase includes
review and revision to the Town's various land development
regulations including a revised zoning ordinance together with a
proposed revised zoning map.
PROPOSED GOALS
The goals of the Town of Southold reflect the Town's interest in
preserving and enhancing the natural and built environments and
providing opportunities for a level of growth and expansion of
the economic base that is compatible with the existing scale of
development, availability of water existing sensitive environment
of the Town and its historic heritage.
The following are the goals upon which the Preliminary Plan is
based:
OVERALL PLANNING
Provide a community of residential hamlets that are comprised of
a variety of housing opportunities, commercial, service, and
cultural activities, set in an open or rural atmosphere and
supported by a diversified economic base (including agriculture,
marine commercial and seasonal recreation activities).
Maximize the Town's natural assets, including its coastal lo-
cation and agricultural base and achieve a compatibility between
the natural environment and development.
Achieve a land use pattern that is sensitive to the limited
indigenous water supply and will not degrade the subsurface water
quality.
~OUSING/RESIDENTIAL DEVELOPMENT
Preserve the existing housing stock and provide the opportunity
for the development of a variety of housing types to meet the
needs of people at various stages of the life cycle, various
income and age levels and household compositions.
ECONOMIC DEVELOPMENT
Strengthen and diversify the Town's economic base as a means of
stabilizing and expanding the tax base and year-round and season-
al employment opportunities.
WATERFRONT
Protect environmentally sensitive coastal areas, maximize public
access to the waterfront and achieve economic benefits from
water-enhanced and water-dependent activities, particularly well
planned seasonal and commercial activities in appropriate lo-
cations.
AGRICULTURAL PRESERVATION
Preserve Southold's prime farmland and encourage the continuation
3
and diversification of agriculture as an important element in the
life and economy of the Town.
ENVIRONMENT
Preserve and enhance
waterways, wetlands,
beaches.
the Town's natural environment including
tidal marshes, woodlands, bluffs, dunes and
Maintain and protect Southold's agricultural heritage and pasto-
ral and open qualities.
Ensure that there is an adequate quantity of high quality ground
water to serve Southold's present and projected year-round and
seasonal populations.
Promote a development pattern that is responsive to sensitive
areas exhibiting prime agricultural soils, poor drainage, high
water table, high erosion hazard, flood hazard, sensitive coastal
features, great scenic quality and woodlands.
Maintain and improve surface water quality.
Maintain and protect finfishing and shellfishing habitats.
CULTURAL ENVIRONMENT
Preserve the historic, cultural, architectural and archaeological
resources of the Town.
Preserve and strengthen the hamlets as cultural, residential and
commercial centers of activity in the Town; as a means of contri-
buting to the preservation of historic buildings and areas and
encouraging a "sense of place."
COMMUNITY FACILITIES/UTILITIES
Ensure the provision of an adequate range of community facilities
and services to accommodate existing and future Town needs in a
convenient and cost effective manner.
Maintain and improve existing utility systems and determine where
it is appropriate to expand water supply, sanitary sewer, storm
drainage and solid waste disposal systems in order to support the
desired level of development and to maintain and protect a
healthful living environment, a viable economic base and the
natural environment.
Provide an open space and recreation system adequate in size and
location to accommodate a range of facilities to serve the total
(seasonal and year-round) population.
4
TRANSPORTATION
Insure efficient movement of people and goods within Southold, as
well as into and out of Town, in a manner that maximizes safety
and maintains the scale and integrity of residential and agricul-
tural areas.
5
LAND USE PROPOSALS
In addition to reflecting Town goals, the land use recommenda-
tions are influenced by numerous factors including the charac-
teristics and scale of existing development, characteristics of
the land, past and anticipated trends, quantity and quality of
subsurface water, and capacity of existing services and their
potential for expansion. Moreover, while current patterns of use
and density have influenced the Plan, particularly in a number of
residential areas, other areas, presently vacant or in
agricultural use, are designated for low intensity use, based
largely upon ground water considerations.
The land use categories in the Plan are general indications of
how various areas should be utilized and include identification
of lands that should be preserved if and when further development
takes place (see following Land Use Plan map). These categories
reflect desirable predominant land uses and are not to be
construed as zoning regulations.
AGRICULTURAL AND RESIDENTIAL
Future major residential development is encouraged to locate in
and around existing hamlets in order to preserve and enhance the
historic and cultural centers of the community, to support
existing commercial centers, to provide locations for moderately
priced housing and to encourage efficient and effective provision
of community facilities and services including recreation, water
and sewer systems, where appropriate, and public safety (fire and
police).
Generally lower densities are proposed in the remainder of the
Town particularly in agricultural areas, in coastal areas
adjacent to inland waterways and wetlands and where domestic
water supply is uncertain or limfted. Even lower densities are
reflected in areas where water is particularly scarce and/or
where extensive areas of environmentally sensitive features
particularly wetlands are found, including part of the area south
of the Main Road in Orient, on the eastern end of Fishers Island,
'and on Robins Island.
Agricultural Conservation
Sizable portions of land throughout the Town that are currently
in agricultural use and/or possess prime soils for farming
(Classes I and II) are designated for Agricultural Conservation.
Within these areas, which total slightly less than 10,000 acres
in what is essentially a critical mass of contiguous lands,
non-farm related development should not be encouraged.
6
I
LAND USE PLAN
SUFFOLK COUNTY NEW YORK
Lillle Pecoflic 8o!
Residential Low Density
Residential Low Density B
Rssidenti~31 Low Density C
Residential Low Density D
Resort/Residential A
Resort/Residential B
Residential/Office
Hamlet Business
General Business
Marine Recreation
Marine Business
Light Industrio
Light Industrio~
Tr~nsport~,ti~
R~re(]tion
O~n Spoce
Public/Semi
F'mposed Ro~
Proposed
SHELTER ISLAN
Light Industrial/Office F~rk
Light Industrial
Transporlation / Utilities
Recreation
om. sp~c,
Public/Semi- Public
Pro~sed Ro~d
Proposed Road Improvement
The major purposes of this category are to retain farmland,
contribute to the encouragement of farming and agricultural
activities to retain the agricultural and rural quality of the
Town, and to provide some opportunity for rural residential
development.
The establishment of an Agricultural Conservation category
represents an important policy statement. In order to protect
farmland, the basic residential density in this category is one
dwelling unit per two acres. This lower residential density is
one element of a package of techniques to be utilized to carry
out the preservation policy. Use of a combination of techniques
including County and Town acquisition of development rights,
special agricultural land use regulations, mandatory clustering
of large sites, agricultural use land assessments and possibly a
future system of transferring development rights will be
necessary.
Included within the Agricultural Conservation designation are
properties totaling over 500 acres whose development rights have
already been acquired as part of the Suffolk County Farmland
Preservation Program. This already assures that these lands will
remain in agricultural or open space uses in perpetuity. In the
near future, additional development rights will be purchased by
the Town of Southold as part of the Town's Agricultural Preserva-
tion Program. Expanded acquisition of development rights by the
Suffolk County Farmlands Preservation Program will preserve
additional farmlands. The long term viability of this program is
essential to the ability to carry out this policy.
Low Density Residential
Low Density Residential development at densities ranging from one
dwelling per one or two acres for most of the non-agricultural
lands, to one unit per three acres (east end of Fishers Island),
one unit per five acres (portions of Orient) and one unit per ten
acres (Robins Islands) is recommended throughout most of the
remaining areas of Southold. These low densities are particular-
ly applicable to coastal areas to protect the ground and surface
waters and environmentally sensitive portions of the Town includ-
ing wetlands, beaches, bluffs and dunes. Generally, the Low
Density designation on the plan map indicates one unit per two
· acres; however, areas that are predominantly already developed
with greater density are also shown as low density; the zoning
map will indicate the differentiation between areas where two
acre zoning is desirable and areas where one acre zoning may be
appropriate.
This low density, combined with creative development techniques
such as locating permitted residences on non-environmentally
sensitive lands and keeping other lands open (clustering), can
serve to achieve both residential and environmental planning
goals. In northern areas of the Town where there are bluffs,
7
beaches or dunes, mandatory clustering is recommended to assure
protection of these features.
Moreover, since most of this area is dependent on ground water
and individual wells, very careful consideration has to be given
to the impact of any proposed development on the ~round water
quality and quantity.
Uses in these areas would be primarily residences with a contin-
uation of agricultural activities wherever feasible.
Hamlet Density Residential
The Plan proposes that the major hamlet centers cDntinue to be
.the residential-business-service centers of the Town. For
purposes of the Plan, the major hamlet centers are Mattituck,
Cutchogue, Southold and Orient. New Suffolk, Laurel, Peconic and
East Marion and Fishers Island are also included as hamlet
centers.
Each of the hamlet centers, particularly the major hamlet
centers, can be characterized as a small resident/al community
comprising a variety of uses and activities, the density of which
is dependent primarily upon the level of utility services and
characteristics of existing development. GreenpoTt, which of
course is a separate village, can also be thought of as
functioning as a hamlet center.
The residential portions of these hamlets (non-residential areas
are defined below) can offer opportunities for more intensive and
varied housing than in most of the remaining residential areas of
the Town.
The Hamlet Density areas are not shown on the Town-wide plan map,
since in the future, sites will become eligible fox these higher
densities on the basis of three criteria: locati~m relative to
the hamlet business area, availability of utilities and provision
of moderate cost housing. There are areas shown in the hamlet
density residential category on individual hamlet maps indicating
locations where multiple dwellings have already been constructed
and/or parcels for which M-Zone approval has been given that are
contiguous to the hamlet central business area.
Each of the. major hamlets has a business center. The one acre
density for residential uses will be retained as the base in the
hamlet center areas and within the radius of approximately
one-quarter mile from the hamlet business district of Orient and
one-half mile from the hamlet business districts of Mattituck,
Cutchogue and $outhold hamlet areas, and one-half ~ile from the
Village of Greenport boundary, a higher density can be applied
for only if the criteria outlined here are met. Commdnities of
this size are appropriate for purposes of planning. This is
8
generally considered a reasonable size community for service,
interaction among residents and access to various activities.
In order to develop properties for residential uses at a density
greater than the base density, an approved central water supply
is required, and to develop within this area at a density greater
than two units per acre, a sewage treatment facility or con-
nection to a sewer system would be needed. Thus, if public water
service were available, but sewage treatment were not available,
the maximum density permitted would be two units per acre or
20,000 square foot lots for conventional subdivision. If public
water and sewage treatment were available, then areas designated
as Hamlet Density could be developed at densities up to four
units per acre.
To reach maximum indicated densities around the hamlet centers
some expansion of the Greenport water and/or sewage treatment
systems may be required or the creation of new water supply and
distribution systems and sewage treatment systems will be neces-
sary.
Thus, the maximum Hamlet
acre) would be permitted
place or can be assured
moderate cost housing.
Density development (four units per
only where necessary utilities are in
and where there is the provision of
The Hamlet Density category is also designed to support the
establishment of innovative techniques for getting the optimum
~se out of existing housing. This could include approaches such
as the creation of accessory apartments in homes where owners
occupy the premises, appropriate utilities are available and
sites are of sufficient size.
Lower cost housing can also be achieved by permitting residences
on upper floors of commercial buildings in the business areas.
Office/Residential
Areas in the category of Office/Residential have been designated
in the hamlets of Mattituck, Southold and Cutchogue. This
designation has been used primarily for areas that are currently
in mixed use along major roads, but which are not appropriate for
commercial or exclusively residential use. These areas serve as
a transition between more intensive and less intensive uses. The
parcels are generally smaller than those in the office-industrial
park category. Residential use will be permitted in these areas
at the same density as the Hamlet Residential. Nonresidential
uses such as business and professional offices, insurance sales
and real estate offices are accommodated in these areas.
Residential/Resort
Two sub-categories of areas to accommodate seasonal and resort
9
development are included. The difference is in intensity of
activity, since the density will be based upon access, services,
and underlying and/or adjacent residential density. The higher
density, similar to Hamlet Density Residential, is designated
Residential Resort B. The lower density, comparable to the low
density residential category, is Residential Resort A.
In areas designated as Residential/Resort A, the emphasis will
remain on residential development with limited resort development
carefully planned on large parcels and integrated into the
residential environment. The density in these areas will be the
same as iow density residential densities, i.e. the equivalent of
one residential unit per two acres or less. Areas north of
Cutchogue, possibly served by an extension of Sound View Avenue,
would include lands appropriately utilized for residential/resort
purposes in the lower density category.
Resort and seasonal development at the higher density, an impor-
tant element of the Town's economy, is indicated for areas where
seasonal resort development is now concentrated, e.g. motels,
restaurants, campgrounds and where cottages are developed on a
single lot. It is also indicated for areas where such a future
use would be appropriate. Those portions of the north shore of
the Town in the vicinity of Arshamomaque Pond and north of Chapel
Lane represents extensions of areas currently utilized for
seasonal resort commercial businesses. In addition, other
coastal areas of the Town might be utilized for water-related
resort purposes. This type of use can be permitted if it does
not have an adverse effect on environmental features, current
development or on water supply.
Since the resort units could be utilized year-round, possible
impacts of any such development must be considered on a
year-round basis. Moreover, included in both categories would be
uses such as conference facilities and specialized resorts
(tennis, golf, health, etc.).
Residential Capacity
Residential development in Southold is both year-round and
seasonal. Since so much of the seasonal housing may have the
full impact of a year-round unit because it can be utilized
year-round and therefore has the potential to use water and other
services as year-round units, for planning purposes, all housing
is considered year-round.
Depending on a number of factors, including how many development
rights are acquired from farmland, the eventual extent of water
and sewer service, and how many of the existing approved lots are
developed, the preliminary plan has a capacity for 10-14,000
additional dwelling units (year-round and seasonal from all
10
residential categories as well as residential uses in hamlet
business and marine business categories}. This range includes
approximately 2,500 existing infill lots and mapped unbuilt
subdivisions. This new development would be added to the 7,500
existing year-round and nearly 3,000 seasonal units.
While further refinement of this number is necessary over time,
the lower figure assumes that about 2,000 acres of farmland are
preserved through the Development Rights program and no signifi-
cant water or sewer expansion takes place. If the household size
stays at the current figure of about 2.5 persons, and the lower
figure is utilized then there would be approximately 25,000
additional residents. It is likely that about one-third will be
seasonal. Therefore, the probable additional year-round popu-
lation would be about 17,000, above the current population of
nearly 20,000. If two-thirds of the larger number of 14,000 were
utilized, an additional 24,000 year-round residents might be
anticipated. This is within the capacity of the available water
supply as projected by ERM Northeast in their North Fork Water
Study and Southold Town Water Study.
COMMERCIAL
Hamlet Commercial
Retail commercial uses and commercial services are, in general,
recommended only in hamlet centers. Expansion of "strip" retail
commercial uses along the Town's major corridors, State Route 25
and County Route 48, will be discouraged since this type of
development can weaken existing commercial centers which have
capacity for expansion, result in increased traffic congestion
and conflict, and undermine the visual and aesthetic appeal of
the Town.
Within the areas designated as Hamlet Commercial, retail uses
predominate; however, there may also be some office, public,
semi-public and residential uses that are part of the cultural
and activity cores of the communities of Southold Town. Laurel,
Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East
Marion, Orient and Fishers Island all have areas indicated as
Hamlet Commercial.
General Commercial
In several areas of the Town there are existing concentrations of
commercial development within the hamlet area but outside the
hamlet center. These areas have been designated General Commer-
cial. Several key locations are: west of Mattituck center; east
of Cutchogue; north and west of Southold, and west of Greenport.
While some retail uses may be found currently in these portions,
future commercial use would more appropriately include auto-
oriented business, wholesale and distribution business,
11
contractor yards and other heavy commercial activity. Since some
of these activities would not be appropriate in the hamlet center
business areas, these two types of commercial areas can comple-
ment each other and tend to avoid dilution of the hamlet center
commercial uses.
There are several areas designated in this category where there
is already concentration of commercial uses. In a few cases the
plan shows an expansion of the area currently used for general
commercial purposes.
There are numerous individual businesses scattered throughout the
Town located in areas planned for non-commercial activity that
have not been shown on the planning map. While these uses would
remain and retain appropriate zoning, the planning for these
areas reflects the broader policy of encouraging concentration of
commercial activity and avoiding spot zoning and strip develop-
ment. The expansion of commercial development, therefore, would
be limited to areas designated in the Plan.
Marine Commercial/Marine Recreation
Marine-related water-dependent uses are encouraged at appropriate
locations on or near the coast and/or along creeks and bays where
they do not negatively impact on residential neighborhoods or the
natural environment. The demand for expanded mooring and storage
space is high and is likely to grow, but potential sites are
limited. Given this limited availability of appropriate water-
front sites including creeks, alternate approaches such as
on-land stacking of boats have to be considered. - The Land Use
Plan distinguishes between strictly recreation-oriented marine
activity, Marine Recreation, and more intensive commercial marine
activity, Marine Commercial.
The Marine Recreation category is recommended for locations along
creeks that have suitable harbor areas, but less tidal flushing
than is possible in bayfront or soundfront locations.
Opportunities for boat docking and launching including marinas
and yacht clubs will be provided. Opportunities for restaurants,
bed and breakfast establishments and resort hotels or hotels can
also be available under more limited conditions.
The Marine Commercial category is utilized for more intensive
commercial marine activity, which could include marinas and boat
yards with boat building, mooring facilities for recreational
and/or commercial boats, mariculture operations and where
appropriate, fish processing facilities or ferry terminals.
Marine Commercial areas could also include some water-enhanced
uses such as restaurants, resort hotels or motels, and marine
oriented retail stores or museums.
12
This category is generally used for properties that front on the
bays where there is extensive tidal flushing. An exception to
this is a site proposed for Marine Commercial use on the eastern
side of Mattituck Creek since this creek is the only harbor area
available to commercial fisherman on the northern Sound side of
the Town.
Proposed sites for marine commercial use primarily reflect sites
that are currently utilized for boat mooring and marine commer-
cial purposes. In addition, marine-related areas in the vicinity
of Budd's Pond and Sage Boulevard have been proposed for
expansion to help in meeting future water-related needs.
LIGHT INDUSTRY/OFFICE
This category has been designed to accommodate major economic
development activities. The Light Industry/Office category is
proposed for several accessible areas on the periphery of the
hamlet centers, e.g. west of Mattituck, north of Southold hamlet,
and west of Greenport which might ultimately be served with
utilities and would be most appropriate for the establishment of
an office park, research center or light industrial park, as well
as land north of Cutchogue hamlet near the Town landfill site
that may also be appropriate for such uses. Portions of these
areas are already in such use. Any uses in these areas should be
of the type that will not negatively impact the ground water.
The areas are of sufficient size to permit adequate buffering to
protect adjacent properties.
Existing smaller industrial areas are also included in this
category. Some of these areas will require a separate zoning
designation to account for those areas that may not be able to
meet to lot and coverage standards of the larger areas.
RECREATION AND OPEN SPACE
Recreation
Areas indicated in the Recreation category include:
parks and beaches that are publicly owned by New York
State, Suffolk County, Southold Town, or one of the
four Park Districts in the Town;
privately owned or group
such as property owners'
clubs;
owned recreation facilities
association beaches and golf
proposed sites for new or expanded park facilities to
create additional recreational opportunities, provide
access to the waterfront and preserve sensitive en-
vironmental features.
13
The major emphases of the Park and Recreation element are to
assure access to a range of passive and active recreation areas
or facilities for persons in all areas of the Town and to expand
access to the water. A site for a major year-round swimming/
recreation center to serve the entire Town is adjacent to Peconic
Senior/Youth Center. It is centrally located and accessible from
all areas.
The Plan includes proposed expansion of parkland near Peconic
Dunes Camp and possible new parkland sites near Arshamomaque
Pond, Dam Pond, in Bayview off Southold Bay and in the Pipes Cove
and Gull Pond areas outside Greenport.
The Plan incorporates a policy protecting and increasing
opportunities for public access to the water as well as a policy
of setting aside localized neighborhood playground/park areas and
beaches through the development process.
Recreation facilities may be public such as Town or Park District
owned facilities or they may remain private such as association
beaches and private clubs. All of these contribute to the
resources available to residents.
Open Space
The Open Space category is utilized to designate areas that are
set aside for open space/preservation purposes, e.g. Nature
Conservancy holdings, as well as to designate those lands con-
taining sensitive environmental features such as dunes, bluffs,
beaches, and wetlands that should be kept open and preserved even
as part of larger developments. The category also includes
cemeteries. The open space category is used as a planning tool
and will not appear as such on the Town's Zoning Map.
Areas shown in the Open Space category on the Plan include
privately owned but undeveloped areas containing the above
mentioned sensitive environmental features (whereas
environmentally sensitive features have generally not been shown
in areas that are already primarily developed). This open space
category has been utilized to highlight natural areas in need of
protection and preservation so that careful planning can be
undertaken if any development is proposed that might negatively
impact environmental features. (A mapped inventory of natural
resources and environmental features within the Town on both
developed and undeveloped parcels can be found in the Master Plan
~pdate - Background Studies report.)
The planning policy is to keep these areas open, but not neces-
sarily public. Much of this land will always be privately owned,
but needs to be protected. In some cases, it may be possible and
desirable to cluster development in an adjacent area to avoid
building in these environmentally fragile and/or erosion prone
14
portions. In other cases it will be desirable to increase public
access to coastal features, especially beaches. Access via
easements that may be obtained as part of the development process
should be pursued. It may also be desirable to acquire some
larger parcels through donation or purchase.
Thus, this category does not indicate that all properties includ-
ed should be available for public access, but it can give the
Town guidance in identifying natural areas that need protection
and/or might be suitable for Town acquisition and/or use.
PUBLIC/SEMI-PUBLIC FACILITIES
Major Public/Semi-Public uses in the Plan primarily include
schools, governmental offices, places of worship, firehouses,
police station, libraries, post offices and museums.
Most of the sites except schools, are not necessarily
guished on this Plan map since they are integral parts
idential neighborhoods, agricultural or business areas.
policy is to retain these uses where they exist.
distin-
of res-
The Plan
No major new sites or major expansion are anticipated.
Second firehouse sites in Cutchogue and in Orient are proposed as
part of the Plan, but no specific sites have been incorporated
into the Plan. In selecting sites, better access to portions of
the service area are the primary consideration.
Whenever there are plans to relocate a post office in the Town,
every effort should be made to keep the facility near the hamlet
center.
A portion of the Town landfill site is included in a proposed
industrial area and the remainder is shown in the Agriculture
Conservation category. The landfill site is limited in the
extent of its current use, but more study of the alternatives for
solid waste disposal is necessary.
TRANSPORTATION/UTILITIES
In addition to roads, the Transportation/Utilities designation is
used for train stations, ferry docks, utility companies' prop-
erties and the existing airports in Mattituck and on Fishers
Island. The Plum Island Ferry Dock, however, is shown in the
Marine Commercial category.
Alternative Airport Sites
Deleted by Planning Board Resolution of August 24, 1987.
15
Sound View Avenue Extension
The Plan includes a proposed new road in the northwestern portion
of the Town which would be an extension of Sound View Avenue
eastward from Mattituck to Bridge Lane north of Oregon Road in
Cutchogue.
This road will be located so as to facilitate utilization of the
Long Island Sound waterfront, provide scenic vistas, and provide
opportunities for limited residential and/or residential resort
development without intrusion into areas designated for agricul-
tural use.
While the road is shown schematically, actual plans may indicate
locating the road at varying distances from the Sound and bluffs
(in any case, beyond the Town's required setbacks) in order to
provide for public enjoyment of scenic vistas.
East Marion Northerly Road
Deleted by Planning Board Resolution of August 24, 1987.
Route 48 Improvement
The Plan includes a proposal to improve Route 48 from the vicin-
ity of Kenney's Road north of Southold to Manhasset Avenue east
of Greenport. Route 48 west of Kenney's Road has already been
widened to four lanes; this improvement should be continued
eastward to ease congestion on Route 25 by accommodating truck
traffic and second home and seasonal traffic heading to or from
the eastern portions of the Town. The increase in capacity will
not be of such magnitude as to encourage large increases in
traffic, but is important to redDcing congestion and maintaining
the quality of the hamlets.
Aldrich Lane By-pass to Route 48
Several alternative approaches to relieving congestion in the
hamlets of Mattituck, Cutchogue and Southold as well as the
Village of Greenport have been explored. The Master Plan in-
cludes the Aldrich Lane by-pass as the most comprehensive ap-
proach to relieving traffic congestion on Route 25, by detouring
through traffic from the far western portions to the eastern
portions of the Town, as well as in the reverse direction.
16
Signs should be improved on Route 25 in Laurel directing truck
drivers and travelers to the eastern portions of the Town to
utilize Route 48 as an alternative to Route 25. In a similar
fashion, drivers traveling westward from Orient, East Marion and
eastern Greenport should be encouraged by well-designed and
placed signs to take Route 48 and Aldrich Lane rather than Route
25.
Moore's Lane By-pass to Route 48
For those who wish to travel through some of the hamlet areas,
but avoid the Greenport business district and ferry traffic, the
New York State Department of Transportation is recommending
re-routing of Route 25 through traffic to and from East Marion
and Orient to Route 48 via Moore's Lane, just west of Greenport.
While there is some objection on the part of the Greenport
business community to this recommendation, two signs -- one
indicating "Greenport Business Area" and another indicating
"Through Traffic" -- could be used to give travelers,
particularly truck drivers, a suitable choice of routes.
17
HAMLET STUDIES
As part of the master plan update, each of the four major hamlet
centers including Mattituck, Cutchogue, Southold and Orient were
examined in some depth and more detailed plans were prepared.
Existing conditions and various factors affecting planning,
including types of development, vacant land, parking and traffic
patterns, natural or environmental features, and historic areas
were analyzed. Various existing issues and implications of
current land uses and problems and opportunities associated with
land development were examined: vacant areas were studied and
possible future uses of or development patterns on these parcels
were explored; the relationship between natural features such as
creeks and wetlands and vacant parcels and means of protecting
the natural features and ground and surface waters were examined;
the historic character of each hamlet and historic buildings
within hamlet areas were identified; and the desire to preserve
agricultural areas was considered.
A plan was developed
following Hamlet Land
designed to:
for each of the Town hamlet areas (see
Use Plan maps). Each hamlet plan was
- maintain the hamlet as a community focal point and an
activity center;
- strengthen the existing retail and service commercial uses
in the hamlet centers;
- provide adequate parking for commercial and public uses;
provide for a range of housing for younger and older resi-
dents with a range of income levels within the hamlet areas,
with higher densities near the center and lower density in
outlying areas. The base density of one unit per acre is
shown on the hamlet maps and the range of possible densities
would be limited by the availability or provision of
utilities and the provision of lower cost housing;
- recognize that transition areas exist between the hamlet
business areas and outlying residential areas;
provide for some auto-oriented, general commercial uses at
the outer edge of the hamlet to complement hamlet center
commercial uses;
where appropriate, provide areas of sufficient size to
establish office parks or light industrial parks to offer
opportunities for expanded economic development within the
Town;
Reside~ial Low Density
(1 D.UJ2 roms)
(1 D.U./ac~)
Light I r~..~il/
Office Park '
L~'~t Indue'iai
Recreation
Train Station
Public Pa'king
t.aim
Land Use Plan
'~-~"~:,-':' ='~'*;'" Matfituck
Master Plan Update ~- -
Residential Low Den~ty
(1 D.UJ2 ac~s)
(1 D. UJacm)
Hamlet De~
(4 D.U./~m)
~/~
Hamlet Busi~
Public Parki~ Ar~
Master Plan Update
Residential Low DensiW
(1 D.U./2 acres)
I:~s~de~al Low Density
(1 D.U,/acre)
Hamlet Density
(4 D.U./ac~e) .
Gener~ Bu~ness
Light Indu~zial/
Office Park
I.ig~! Industrial
Recreation
Public Parking Area
Train Station
Proposed Road
In'~orc~e'ne~t
Land Use Plan
~=~.~ ~',~-',~,; Southold
Master Plan Update ~ -
41 g.U./5
Low Oemi'~y
ll D.U/2
Open Space
School
Land Use Plan
~ ~j: Orient
Master Plan Update ~- -
Town of Southold, Suffolk County, New York
provide areas for recreation activities as well as open
space areas for passive recreation opportunities and for
protection of environmental features;
suggest road improvements where desirable for smoother
traffic flow within the hamlet and/or the Town;
preserve agricultural use of land where prime soils exist
and a sufficient number of contiguous parcels have remained
in farming activities to maintain the viability of agricul-
ture in relative proximity to the hamlet center.
protect the quality of ground and surface waters and natural
environmental features.
19
NEXT STEPS
This proposed Master Plan reflects extensive discussion through-
out the community and a consensus on the policies and the plan
itself. Once the plan is adopted by the Planning Board and Town
Board, steps will be necessary to implement plan recommendations.
These steps will include: review of the proposed zoning ordin-
ance and adoption of proposed zoning changes to implement land
use recommendations incorporated in the Plan; review existing
subdivision regulations and regulations dealing with environ-
mental protection and historic preservation; a comprehensive
program to protect agricultural lands including establishment of
mandatory clustering (also necessary to preserve sensitive
environmental features listed as open space areas and aquifer
areas}; provisions of a series of measures to encourage and
facilitate the development of lower cost housing particularly for
younger and older segments of the Town's population; coordination
of traffic improvement recommendations with the New York State
Department of Transportation and the Suffolk County Highway/Pub-
lic Works Department; and development of a capital expenditures
program to outline and establish a means for providing necessary
public improvements including water and sewer and recreation.
2O
APPENDIX B
PROPOSED LOCAL LAW
SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS
S,41
INDEX
Zoninc. i Code Amendments
Article I - General Purposes
100- 10 Purpose
100-11 Interpretation & Conflicts
100- 13 Definitions
Article II - Districts
100-20 District Designations
100-21 Zoning Map
100-23 Effect of Establishment of Districts
Article III - AcjriculturaI-Conservation District
I00- 30 Purpose
100-31 Use Regulations
100-32 Bulk. area ~ parking requirements
100-33 Accessory buildings
Article Ilia - Low Density Residential R-410 District
100- 30A Purpose
100-31A Use Regulations
100-32A Bulk, area & parking requirements
100-33A Accessory buildings
Article IV - Hamlet Density Residential (HD) District
lOO-qO Purpose
100-~1 Applicability
100-02 Use Regulations
100-~.3 Bulk. area 5 parking requirements
Article V - Affordable Housinq District (AHD)
100-60 Purpose
100-52 Applicability
100-53 Use Regulations
100-50 Bulk, area F. parking requirements
100-55 Application Procedure
100-56 General Regulations & Requirements
100- 57 Administration
100-58 Applicability of Town Code
Article VI - Resort Residential (RR) District
100-60 Purpose
100-61 Use Regulations
100-62 Bulk, area & parking requirements
Article VII - Residential Office (RD) District
] 00- 70 Purpose
100-71 Use Regulations
100-72 Bulk, area & parking requirements
11
11-12
12-19
19- 20
20
21
21
22
22
22
23
20-25
25
25
26-29
29-31
31-32
32
33
33-30
30
35
3~-36
36
Article VIII - Limited Business ILB) District
100-80
100-81
100-82
Purpose
Use regulations
Bulk, area ~, parking requirements
Article IX - Hamlet Business (HB) District
100-90
100-91
100-92
100"93
Article X - General
Use regulations
Bulk, area S parking requirements
Uses confined to enclosed buildings
Business (B) District
100-100
100-101
100-102
Purpose
Use regulations
Bulk, area t, parking requirements
Article XI - Marine I (MI) Oistrict
100-110
100-111
100-112
Purpose
Use regulations
Bulk, area & parking requirements
Article Xll - Marine II (Mil) District
100-120
100-121
100-122
Article XIII - IJqht
100-130
100-131
100-132
Article XIV - t.icjht
100-100
100-141
100-102
Purpose
Use regulations
Bulk, area & parking requirements
Industrial Park/Planned Office (LID) District
Purpose
Use regulations
Bulk, area & parking requirements
Industrial (Ll) District
Article XV
100- 150
100-151
Purpose
Use regulations
Bulk, area & parking requirements
Density, Minimum Lot Size and Bulk Schedules
Existing Bulk & Parking Schedule
Density, Minimum Lot Size & Bulk Schedules
Density, & Minimum Lot Size Schedule for
Residential Districts
Bulk Schedule - Business, office & Industrial
Districts
Bulk Schedule - Residential Districts
Density & Minimum Lot Size Schedule for
Non- Residential Districts
Articles XVI & XVII - Reserved
Article XVIII - Cluster Development
100-180 Purpose
100- 181 Appll cabi ii ty
Article XIX - Parkin~ & Loadinq Areas
100- 190 Purpose
100-191 Off-street parking areas
100-192 Off-street loading areas
37
37-38
38
39
39-41
41
41
n2
46
q6- q7
47
48
48- ~9
49
50
50-52
52
53
53
53
55
56
57
58
59
59
63
63-70
71-72
Article XX - Signs
100-200
100-201
100-202
100-203
100-204
100-208
100-206
100-207
Permits required 6 Administrative Procedures
General design principles
Sign prohibitions 6 general restrictions
Limitation of sign content or copy
Regulations regarding specific types of signs
Unsafe, abandoned & unlawful signs
Continuation of existing signs
Article XXI - Landscaping screenincj 6 Buffer Recjulations
100-210 Purpose
100-211 General requirements
100-212 Front landscaped area
100-213 Transition buffer area
100-214 Landscaped parking area
100-215 Property adjacent to creeks
Article XXII - Reserved
100-230
100-231
100-232
100-233
100-234
100-235
100-236
100-237
100-238
100-239
100-239a
100-239b
100-239c
Supplementary Regulations
Exceptions and modifications
Height of fences, walls & hedges
Corner lots
Building length & separation for buildings
containing multiple dwellings
Courts
Access requirements
Open storage
Prohibited uses in all districts
Provisions for community sewer, water &
utility fact[it les
Land under water; filled land
Excavations
Tourist camps,camp cottages & trailers
Berms
Article XXIV
100-240
100 241
100 242
100-243
10G-244
100-245
100-245
- Noncon~rmin9 Uses and Buildinqs
Purpos~
Noncon~rming uses
Noncon~rming buildings with conforming uses
Noncon~rming buildings with noncon~rming uses
Nonconforming Lots
Repairs and maintenance
involuntary moves
Article XXV - Site
109-250
100 251
100 282
100-253
100-254
100'255
100 260
100 262
100-263
100-264
100 265
Plan Approval
Purpose
General requirements
Objectives
Effect of Approval
Site Plan elements
Special Exception Uses
Purpose
Special exception uses
Rules of conduc£ & procedure for special
General Standards
Matters to be considered
Additional Conditions & safeguards
73
73-74
74-75
75-76
76
76-78
78-79
79
80
81
82
82
83
84
84
84
84
84-85
85
85-86
86
86-87
87
87
87-89
90
90
90-91
9ia
9la
9la
92
92
92-93
93-94
96-98
99
99
99-100
102
Article XXVII - Board of Appeals
100-270 Appointment; membership
100-.271 Powers & duties
100-272 Additional conditions &' safeguards
100-273 Rules of conduct ~, procedure
100-27~t Fees
100-275 Notice of Hearing
Article XXVIII - Administration & Enforcement
100-280 Administrative & enforcing officer
100-281 Building Permits
100-282 Revocation of permit
100-283 Stop orders
100-28q Certificates of occupancy
100-285 Penalties for offenses
1 O0- 286 Remedies
Article XXIX - Amendments
{Present Articte XV is renumbered XXIX and sections 100-150 to 100-152
renumbered 100-290 to 292 respecttvelyJ
Article XXX - Severability
103
10q
105
105
105
106
106-108
108-109
109
109-110
I10
111
Ill
100-300 Severability 111
(- C
LOCAL LAW NO. , 1986
A Local Law to amend the Southold Town Zoning Code
and the Zoning Map incorporated therein, to implement.
in whole or in part, the recommendations of the Master Plan
Update prepared by the Planning Board
BE IT ENACTED by the Town Board of the Town of $outhold as follows:
(additions indicated by underline; deletions by [bracketsl.)
Chapter 100 of the Code of the Town of Seuthold (Zoning) is hereby
amended as follows:
1. Article I. Section 100-10 (Purposes), subdivisions E and C are
amended to read as follows:
E. The maximum protection of residential and historic areas.
G. The enhancement of the appearance of the Town of $outhold as a
whole particularly its open and rural environment.
2. Article I, Section 100-10 (Purposes) is amended by adding two new
subdivisions thereto, to be subdivisions K and L. to read as follows:
K. The protection of the subsurface water supply and surface
The protection and enhancement of the coastal environment.
Article I. Section 100-11 (Conflicts) is amended by amending the title
of such section, and adding thereto a new subdivision, to be
subdivision Co all to read as follows:
Section 100-11. Interpretation and Conflicts.
In their interpretation and application, the provisions of this
chapter shall be held to be the mimmum rec{u~rements adopted for
the promotion of the puhtic health, safety, and wetfare. Except
where specifically provided to the contrary, !t is not intended bY
this local law to repeal, abrogate, annul or in any way to impart
or interfere with any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuan't
to law relating to the use of buildlngs, structures, shelters or
premises; nor is it intended by this chapter to interfere with or
ahrocjate or anna) an,// easements, covenants or other a(~reements
between parties.
Article I. Section 100-13. subdivision B, (Definitions and usages)
amended by amending and/or adding the following terms:
Definitions and Usaqes. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the
meaning as herein defined, Any word or term not noted below
shall be used with a rneanin9 as deJ'i~-d--~--~/~]os't~ri~'¥J{i~'~l hi~
~[est ~ition) . ~ .....
ACCESS - A physical entrance to property.
ACCESSORY APARTMENT - A dwellino unit created in a presently
existing one-family dwellincJ pursuant to Section ~00-31L~
ACCESSORY BUILDING OR STRUCTURE - A buildinc~ or structure
detached from a principal buiidinc~ located on the same lot as, and
customarily incidental and subordinate to, the principal building..
ACCESSORY USE - A [building or] use [clearly] customarily.
incidental Jori and subordinate to, [and customary in connection
wilh, the principal or use on the same Iot.~ the main use on a
lot. whether such "accessory use" is conducted in
ADDITION - A structure added to the oric. Jinal structure at some
t~ne after the completion of the original.
AGRICULTURE - The production, keepinc~ or maintenance, for
sale. lease or personal use. of plants and animals useful to man,
includinc. I but not limited to: forac, tes and sod crops; c,.Irains and
seed crops; dairy animals and dairy products, poultry and
poultry products; livestock, includinc~ beef cattte, shoeD, swine.
horses, ponies, mules, or ~loats, or any mutation of h-~brids
thereof, including the breeding and (.~razing of any or all or such
animals; bees and apiary products' fur anima s, fru ts ot all
kinds, including <:jrapes, nuts and berries; vegetables; floral,
ornamental and greenhouse products: or lands devoted to a soil
conservation or forestry management program.
APPLICANT - The landowner or the agent, optionee, contract
purc~ser or other person authorized in writinc. I to act t'or the
landowner in sul3mittincJ an application under this chapter.
APPLiCATiON FOR DEVELOPMENT - The application form and all
accompanyi.ng documents and exhibits recruited of an applicant by
an a~prov~ncj authority for development and/or site plan review
purposes.
AUTOMOBILE SALES LOT OR BUILDING - A lot or build]nc) used
for the sale or hire of automol3ile eguipment. This shall be
interpreted to include new and used car dealerships and auto
accessory salesrooms but not the sale of iunked automotive
equioment.
BED AND BREAKFAST - The rentin(~ of not more than three (3)
rooms in an owner Occupied dwelling for Iodc. ling and serwnc. I
breakfast to not more than six (6) casual and transient roomers,
provided that the renting of such rooms for such purpose is
clearly incidental and suhorClinate to the principal use ot
dwelling.
BERM - A structure cbmposed primarily of earth intended for
privacy~ security, enclosure, visual screenmc~ or noise aOatement.
BLOCK - An area bounded by one or more streets or a municipal
boundary and of sufficient size to accommodate a lot or lots
minimum size recluired by this chapter.
BOARD OF APPEALS - The Zoninc~ Board of Appeals of the Town
of Southold.
BUILDABLE AREA The area of a lot remaininc~ after the
minimum yard and open space requirements of this chapter have
been met.
BUILDABLE LAND - The net area of a lot or ~oarcel after
~'d-~ctinc] wetlands, streams, ponds, slopes over 15 percent,
underwater land, easements or other restrictions preventing
of such land for construction of buildings or dev_~elo__pment.
.B._~UILDING - Any structure having a r~f supported by such
thlnC~s as coiumns, posts, piers, wails, or air and intended
the shelter, business, housinc~ or enciosin9 of persons, animals~
property, or other materials. [Any) Also 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 ~nclude
(1) Signs,
(2) Fences.
Walls. [other than retaining walls projecting above the
ground not more than three (3) feet at the highest ground
level and not more than six and one-h~lf (6½) feet at the
ground level. ]
Radio and television receiving and transmitting towers and
building and extending not more than 20 feet above the
highest level of the roof of such bu!lding.
Porches, outdoor bins and other similar structures.
BUILDING LINE - A llne formed by the intersection of a
horizontal plane at averacJe grade level and a vertical plane that
coincides with the exterior surface of the building on any side.
In case of a cantilevered section of a building, the vertical plane
w/il coincide with the most proiected surface.
CERTIFICATE OF OCCUPANCY - A document issued by a Town
Buiidinc~ Inspector allowing the use and/or occupancy of a
buildinc~ and/or land, and certifyin{~ that the structure and/or
CLUSTER - See Residential Cluster.
GL-Ua, BEACH - A not-for-profit corporation, as defined in
Section 102 of the Not-For-Profit Corporation Law o£ the State of
New York. located contic~uous to a Pay or Long Island Sound and
established for principal purp .°se of enc~ g ga in in swimm~nc.] __ __in the
Sound or the bays, but exclud[n~ any form of aviation, molorboat
racin9 or water ski/n9 on inland waterways or similar hazardous
sports.
CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE,
NONPROFIT - A no*.-for-profit corporation, as defined in Section
102 of the Not- For-Profit Corporation Law of the Stere of New
York, established for the pr incipal purpose of enema c)incj in
outdoor sports, such as ~olf, tennis, swimming, fJshinc. J. hunlin~
or similar activities, but not including any form ot aviation
outdoor trap, skeet or tarc~et shootin(.~ or motorboat racing. The
activities ot such a club shail be limited to its members and Lheir
~_uests and shall not be extended to the c~eneral public.
CLUB. YACHT - A not-for-profit corporation, as del/ned by
Section 102 of the Not-For-Profit Corporation Law 0~' [he State of
New York, established for the principal purpose of en~aging ~n
recreational boatinc.~. The activities of such a yacht
limited to its members and their ~uests end shall not be extended
to the general public. The term "yacht club" s~all be deemed to
i~the term "marina" but shah not be
term "boatyard" except for the out- at-water storage-~( member
~oats.
COMMON OPEN SPACE - An open space area within or related to
a site designated as a development that is available for the use of
all residents or occupants thereof.
COOPERATIVE - A type of resort or multiple residence in which
persons have an ownership interest in the entity which owns th
bu d ng or buildings and, n addition, a lease or occupancy
acJreement which entitles them to occupy a particular dwellinCj uni~
theren rec~ardless of whether, and in what manner, the dwellln.Ji
units are m~nacjed, leased, or otherwise made avai able for use b'/'
persons other than the owners thereof,
CUL-DE-SAC - The turnaround at the end of a dead-end street.
CURD CUT - The openincj along the curb line at which point
vehicles may enter or leave the roadway.
CUSTOM WORKSHOP- A bus ness premises used for the making of
ctothin~Jo milliner~, shoes or other personal articles to individual
order or measure, for sale at retail on the premises only, and nuL
including the manufacture of machinery, vehicles, appliances and
similar heavy cjoods, and ready-to-wear or standardized products.
DEDICATION ~ The conveyance of a fee or lesser interest in
property to pub ic use which precludes the owner or others
under him from asserting any right of ownership inconsistent with
the use for which the property is dedicated.
EASEMENT - A cjrant of the use of land for specific purposes.
FARM - For the purposes of :his chapter a farm shall be
definLd as a site or series of ad)Dining parcels under sincjle
ownership or management devoted to agricultural use.
FARM BUILDINGS - All structures useful or necessary for the
conduct of ac. lricuttural activities including, but not limited to,
barns, silos, mechanical equioment storage sheds, animal pens or
other shelters.
FENCE - A vertical enclosure, solid or partially open, to prevent
stravina from within or intrusion from without or intended [o b.
usec~ aZ a visual screen. A fence is consld~red a structure for
the purposes of this chapter.
FISH PROt'~::~c;ING - The readying of fish and shellfish for
s~nipping to market, including icing, cleaninc~, fitletin0, shuckin(~,
~h(~ the cooking ol~ crabs or lobster, but .not inciudinc~ other
cooking, canning, freezinc. I, smoking or other "fish factory"
opera tions.
FLOOD HAZARD AREA - Land in :he flood plain subiect to a one
percent or cjreater chance of flood in any given year.
FLOOD PLAIN - The relatively flat area or Iow lands adioinincj :1TM
channel of a river, stream, watercourse, canal, or any body of
standing water, which has been or may be covered by flood water.
FLOOR AREA - The sum of the gross horizontal areas of all floors
ol~ the building or buildings on a lot, having a clear height of
less than six feet measured from the exterior faces of exterior
walls or from the center line of party walls separating two
buildings, including cellar and basement areas. The floor area
shall not include: roof overhangs proiecting [ess tha~ three feet or
any floors or portions thereof contained on terraces or balconies
p'roiecting beyond the exterior face of the buildinc~.
FLOOR AREA. LIVABLE - All spaces within the exterior 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 of the square foot area of
the room. Usable floor area shall include all spaces not otherwise
excluded above, such as: pr{ncipal 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 lea, el 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. J
FRONTAGE - The width of a Jot at the street llne.
GARAGE, PRIVATE - A building used as an accessory to the main
building for the storage of one or more gasoline or other
power-driven vehicles owned and used by the owner or tenant of
the lot on which the garage is erected, for the storage of not
exceeding two additional vehicles (not trucks) owned or used by
others(.I and in which no occupation, business or service for
profit is carried on without special permit.
GARAGE. REPAIR - A building, other than a private cjarage, used
for adiustment, painting, replacement of parts or other repair or
GASOLINE SERVICE STATION - A structure and surrounding land
used for the storage and sale of petroleum fuet primarily to motor
accessories or supplies, the incidental washing of motor vehicles
and .the pe~for~inc~ of minor ~epa rs w th n a buid n~; however, a
GREENHOUSE - A structure for growing plants.
GROUND FLOOR - The first floor of a building other than a cellar
or basement.
GUEST UNIT - A bedroom-sleepinc~ accommodation for transient
guests, which may or may not include bathroom facilities and shall
be occupied by no more than two adult persons and be at ~east 811
square feet in area.
HEIGHT [-] OF BUILDING - The vertical distance measured from
the average elevation pt the existing natural grade before any
alteration or flu adfacent to the building to the highest point of
the roof for flat and mansard roofs, and to the mean height
between euve and ridge for other type roofs.
HISTORIC BUILDING - See Landmark Designation.
HOMEOWNERS OR HOMES ASSOCIATION - A community association,
includinc~ a condominium association, which is otc. lan,zed tn a
residential development in which individual owners I~ave a shared
interest in the responsibility for open space or facilities.
HOTEL OR MOTEL. RESORT - A building or group of buildincjs.
whether detached or in connected units, containinc~ i~divld,~al
~uest un ts consisting of a room arranged or designed to b.
available for uae as seeping quarters for transients on a daily
rental basis or for vacat oners or other persons on a weekly rental
baa s provided that one such unit may connect directly with not
more than one other such unit. Each un t shatl have a doo
opening on the exterior of the buildin~ or on a common hallway,
leading to the exterior. A "resort motel" may include such
accessory uses as a beach cabana, private dock, dining roor~,
restaurant or swimm n~ pool, conference and meetinc. I facilities, ,~,'
an accessory convenience shop, office or personal service facility,
provided that such facility or shop is located within the buildin~
without any external sic. in or display and off-street parking
[acilities. The term "resort motel" shah not be construed to inctud
'~transient motet" or "mobile home park".
HOTEL OR MOTEL. TRANSIENT A building or grou? .°f
buildings, whether detached or in connected units, conta~nm,j
nd vidual ~uest units cons st ng of a room arranged or designed b,
be available for use as sleeping and livincj quarters for transientJ
on a daily rental basis, provided that one such unit may connect
door open ncj on the exterior of the bu.ildinc~ or on a ~o..mmon
hallway lead"rig to the exterior. A "transient hotel or motel may
inctude such a,-e--~or¥ uses as an office, restaurant, accessory
TPersonai services, swimming pool and off-street parkin(~ facilities.
he term "transient hotel or motel" shatl not be construed to
include "resort motel" or "mobile home park.~' nor shall it b
d~d to inciude any dwelling unit except that of the owner o,
manager.
JUNKYARO - /and 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, equipment or machinery as may be sold as
and for junk or salvage. The existence on any residential lot of
three or more unrec~istered automobiles or trucks not housed within
a buildinc~ shall be deemed to be a junk yard. Pubilc sanitar~
landfills and the structures located thereon shall not be include, l
~n this definition.
LANDMARK DESIGNATION - The designation of a buildin~ or
structure of architectura or historic significance to the Tow,,
r u h ~stn the ro arty in the Townas Register of Desic)nated
thog g . P P ' k's
LandmarP-s and filing a copy of the entry ~n the Town Clef
office.
LANDSCAPING An area of [and restricted to landscape items
Which may also include such elements as natural features, earth
barns, sculpture, sic. Ins. lighting, access-ways, bikeways ar,d
pedestrian-ways.
LIGHT INDUSTRY - An activity which involves the fab~'k;ution.
~-e~pinc. l, reworking assembly or c~m~b~n~"-----~- p~'oducts
~reviously prepared mater(als and which does not [~volve the
synthesis of chemical or chemical products other than f~-~
pharmaceutical or research purposes or the pr~cessinc~ of any raw
materials, except ac~riculturai raw materials. Lic~h t industry
includes industrial operations such as electronic, machine part~
and small component assembly, as opposed to heavy industrial
operations such as automobile assembly or millincJ activities.
LOADING BERTH - A space at least 15 feet wide and qS feet
long, havincj a minimum lq foot vertical clearance for loadinq and
u. nloadinc} vehicles. No such space required by this chapter or
depicted on any site plan shall constitute a parkinq space.
LOT AREA - The area of a lot taken at its perimeter, exclusive
of any portion within a public or private street right-of-wa'/,
LOT, INTERIOR - A lot other than a corner ~ot or a throuc~h
lot.
LOT LINE, FRONT - The lot line separating a lot from a street
ri(jht-of-way; also referred to as "street line".
LOT LINE, SIDE - Any lot line other than a front or rear lot
line.
LOT, REAR OR FLAG - A lot located in such a position that it
is to the rear of some other lot fronting on the same street and
served by means of an accesswa¥.
LOT, THROUGH - A rot which fronts upon two streets which
not intersect at the boundaries of the
LOWER AND MODERATE COST HOUSING - Housinc~ which i~
constructed and kept available for t-amilies or individuals with
Iow or mogerate income, incJudinc] senior citizens, as defined' by
the Town Board.
MASTER PLAN - A plan for the controlled development of all or
portions of the Town of Southold, the protection of
environmentally sensitive areas, the enhancement of fishincJ and
sheilfishi n~, healthy recreation areas and facilities, the
protection of the underc~round water suppi~/; the ptan to be
prepared by the Planning Board pursuant to Section 272-a of the
Town Law, which plan indicates the ~]eneral locations of physical
development within the Town, and inctudes any unit or part of
such plan separately adopted and any amendment to such plan or
parts therein.
MEAN HIGH WATER {MHW) - Avera.~e heicjht of hi.c}h water~
datum reported by the U.S. Geological Survey.
MOTEL, RESORT - See Hotel or Motel, Resort.
MOTEL, TRANSIENT - See Hotel or Motel, Transient.
NONCONFORMING BUILDING OR STRUCTURE - A buildin~ or
structure lecjall¥ existinc~ on the effective date of this chapt';r or
any applicable amendment thereto, but which t'ails by reason of
such a3option, revision or amendment to conform to the present
district requlations for any prescribed structure or buiJdinq
requirement, such as front, side or rear yards, building height,
buildlnc~ areas or lot coverac}e lot area per dwellinc~ unit,
dwellinq units per buildinc}, number of parkinc~ and Ioadinr]
spaces, etc., but which ~s continuously maintained after th~
effective date of these regulations.
NONCONFORMING LOT - A lot the area, or, dimension of which
was lawful prior to the adoption, revision or amendment of thi~
chapter, but which faits to conform to the requirements of the
zonincj district in which it is located by reason of such adoption,
revision or amendment.
NONCONFORMING USE - [anyJ A use, whether of a building,
sicjn or tract of land, [or bothl ~r combination of these, legally
existing on the effective date of this chapter, which does not
conform to the present use regulations of the district in which it
is located, but which is continuously maintained after the
effective date of these recjulations;
-7-
NURSERY SCHOOL - A building or buildincls, together with any
accessory uses, bu Idinc~s or structures used as an organized
instructiona facility for five or more enrolled ch dren under six
years o( a~e other than the children of the res dent family an, l'
not furnishing sleeping facilities except to the resident family. "
OFF-STREET PARKING SPACE - A space for the parkin~ of one
motor vehicle within a public or private parkin~ area. but not
within a public street.,
OPEN SPACE - Any parcel or area of land or water essentially
uHimproved and set aside, dedicated, desic~nated or reserved fo,
pub ic or private use or enioyment or for the use and enjoyment ut'
owners and occupants of land adioininc, l or neic~hborin~ such ope..,
Space; provided that such areas may be improved with only tho[
buildinc~a, structures, streets and off-street parkinc~ and othe,
improvements that are desic~ned to be incidental to the natural
openness of the land.
OUTOOOR STORAGE ~ The keepinc.], ~n an unroofed area, of any
goods, iunk. material, merchandise, or verticles in the same pla, e
for more than twenty-four hours.
OWNER The term shall be construed to include the duly
authorized agent, attorney, purchaser, devisee, fiduciary or an~.
other person havin~ Tested or .continc. lent interest in the property
in question.,
PARKING LOT - An off-street, c~round level area, surfaced and
improved for the temporary storacje of motor vehicles.
P~:RFORMANCE GUARANTEE - Any security which may be accepted
by [he Town as a c~uarantee that improvements required as part of
an application for development are satisfactorily completed.
PERSON - Any association, partnership, corooration, cooperative
group, trust or other entity as well as an individual.
pLaNNING BOARO - The Plannin~l Board of [he Town of Southold.
Pt-~T - The map of a subdivision.
PRINCIPAL USE - The main or ~rlmar¥ purpose or purposes for
which land and/or structure(s) is desi~;ned, arranc, led, used
~ntended to be used or for which such land and/or structure(st
may I~e occupied or maintained under this chapter,
pROFESSIONAL OFFICE - The office of a member of a recognized
~_.~.y be '~o desi~naled by the Eoard of Appeals.
RECREATION FACILITY, COMMERCIAL - An indoor or outdoor
~'~i~a t el - operated business involving_._.p__lay in~q ff'-ds, cou~ts.
~renas or hails designed to accommodate ~po~s~Rd-~Pe~l~l
activities such as billiards, bowlln~, dance ~._ils, ~ymnasiums.
health spas. skatin~ ~inks. shootin~ ~an~es, tennis courts and
swimmin~ pools.
-8-
RECREATIONAL VEHICLE - A vehicular type portable structur.
without permanent foundation, which can be towed, hauled or
driven and primarily desicJned as temporary living accommodaton
for recreational, camping and travel use and incud ng but not
I!mited to travel trailer, truck campers, camping trailers and
self-propelled motor homes.
RESEARCH LABORATORY - A buildinc~ for experimentation in put,
or applied research, design, development, and production of
prototype machines or devices, or of new products, and use~.
accessory thereto, wherein products are .not manufactured for
wholesale or retail sale; wherein commercial servicinc~ or repair of
commercial pro_ducts is not performed; and where there is no
~sp~-'~ay-~-~ any ~naterials or products.
R.~SIDENTIAL CLUSTER - An area to be developed as a sinc~le
entity accordin~ to a plan containinc~ residential housin~ units and
having a co ........ ~ or public open space.
RESTAURANT - Any premises where food is commercially sold for
on- premises consumption to patrons seated at. tables or counter;.
Any facility making use of carhop or parkincj lot service to cars or
f~r the consumption of food to be eaten in said cars or outcloor~.
shall not be considered a "restaurant" for the purpose of thi~
chapter, and shatl be deemed to be a "drive-in or fast-food
RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment
w. hose principal business is the sale of foods, frozen desserts, or
beveracjes to the customer in a ready to consume state, usual y
served in paber, plastic, or other disposal containers, for
consumption within the restaurant ~3uitding. elsewhere on th,
premises, or for carryout, for consumption off the premises.
RETAIL STORE - An enclosed structure where goods are offered
for sale to the public as take-out items, incJudinc~ hardware,
drucjs, food and beverage, furnishings, apparel and similar
RIGHT-OF-WAY LJNE5 - The boundary lines of land used or
intended for use as streets, as shown on deeds, plats, or
Master Plan, and from which yard and other rec{u,rements shall
measured.
ROADSIDE FARM STANO. AGRICULTURAL STAND - A booth, stall
or display area exceedincl fifty (50) souare feet in area located on
SEPTIC TANK A water- tidht receptacle that receives the
discharge of sewac~e from a building, sewer or part thereof and i~
designed and constructed so as to permit settfinc~ of solids.
cii~lestion of the orcjanic matter, and discharc~e of the liquid portion
into a disposal area.
SETE~ACK - An area extending the Full width of the lot described
or a distance between the street ric~ht of-way and bu
full recluired front yard debth within which no buHdinc~s or part~.
of buildinc~s may be erected.
SITE PL,~N - A development plan for one or more lots on which is
S~nown (1) the existinc.~ and proposed conditions of the lot.
[ncludinc~ but not necassar ¥ limited to topoc~raph¥, vec~etatlo";
drainaoe, flood plains, marshes and waterways. (2) the IocaUon
all ex'~st!nc~ and propOsed bu,ldmC, lS. ddr;aViensa, ePfaa:iklii~?es,SPuat~l~?,~
walkwa s. means of nc. lress and actress, c~ cj
servica-Ys, landscapinc. I, structures and sit, ns, Hc~htinc~, screenin'l
devices, and (3) any other information that may be reasonably
required in order to make an [ntormed determination pursuant h.
this chapter for the review and approval of site plans by the
Plannin~ Board. '
~PECIAL EXCEPTION USE - A use that is deemed appropriate in a
particular district if specified conditions are met.
SWIMMING POOL. - A structure containin(~ an artificial body of
water, which is greater than six feet Ion(.~ or wide, and ~reat~,
than t8 inches in depth at any pont Natural or man-made
all banks of which have a slope of less than 45 de~rees sba not
be included in this definition.
TOWN BOARD - The Town Board of the Town of Southold.
TOWNHOUSE - A dwellin(~ unit in a bulidinc~ containin(~ at least
three connected dwellinc~ units divided b¥ ~,,i,..~Gn vertical part'/'
~a s. w th pr vate entrances to each dwetlinc.~. A townhouse may.
include dwel~incj units owned in fee simple or in condominium
cooperative ownership or any comb nat on thereof.
TRAILER OR MOBILE HOME - Any vehicle mounted on wheats,
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 wheats removed and shall include terms "automobile trailer" and
"house car."
USE - The purpose for which land or a structure is arranc~ed,
desic.}ned, or intended, or for which either land or a structure is
or may be used, occupied or maintained.
drawn arailel to a street or lot line at a
YARD LINE - A line ~men~
~pter,.
ZONE - A finite area of land, as desic~nated by its boundaries on
ZONING BOARD - See Board of Appeals.
ZONING MAP - The map annexed to and made part o( this chapter,
[ndicatinc~ zone boundaries.
5o
Article II. Section 100-20 (District designations) is repealed and a new
Section 100-20 is added, to read as follows:
Section 100-20. District desic, lnations.
For the purpose of this chapter, the Town of Southold, outside of [he
incorporated Village of Greenport, is hereby~ divided into districts
desic~nated as follows:
A-C
R-80
R-tO
R-200
400
HD
AHO
RR
RD Residential Office District
Hamlet Business District
Limited Business District
B General Business District
A~lriculturaI-Conservation District (Two acre minimum)
Residential Low Density District (Two acre minimumJ
Residential Low Density District (One acre minimum)
Residential LOW Density District (F~ve acre mimimuml
Residential Low Density District (Ten acre minimum)
Hamlet Density Residential District
Affordable Housing District
Resort Residential District
MB
L, IO ·
Lj
Marinq Business District
Liqht Industrial Park/Office Park District
L. iqht ~ndustrial District
5. Article II, Section 100-21 (Zoning Map) is amended to read as follows:
Section 100-21. Zoning Map.
The boundaries of the said districts are hereby established as shown on
the [ Building Zonal Zoninc. I ,Map dated, which
accompanies this chapter and which, with ail explanatory matter
thereon, is hereby adopted and made a part of and incorporated into
this chapter. Said map. indicating the latest amendments, shall de 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.
7. Article II, Section 100-23 (Effect of Establishmen t of district),
subdivisian E is amended to read as follows:
Any use not permitLed by this chapter shall be deemed to be
prohibited. Any list of prohibited uses contained in any section of
this chapter, shall be deemed to be not an exhaustive li~,, ~ to
~'~'ve been included for the purposes of clarity and emphasis.
Section 100-31.1 and Section 100-33 of Article [11 are repeated, and
remainder of said Article Ill is amended as follows:
ARTICLE III
[A Residential and Agricultural Districtl
Agricultural-Conservation A-C District
Low Density Residential R-80, R-120, R-200, R-tOO Districts
Section 100-30. Purpose.
The purpose of the Ac, lrlculturaI-Conser¥ation (A-C) District and the
Low Density Residential R-80, R-120, R-200 and R-tOO Districts is to
reasonably control, and to the extent possible prevent, the unnecessary
loss of those current y open lands within the Town containing
larae and contic~uous areas of prime agricultural soils which are
the~basis for a sc~nificant porton of the Town's economy and thos[
areas with sensative environmental features including aqui fe,
recharge areas and bluffs. In addition these areas provide
open rural any ronment so high y valued by year-round resident-~
and ~hose persons who support the Town of Southold's recreation,
resort and second home economy. The economic, social ar,d
aesthetic benefits which can be obtained for all c t zens by limitin,j
toss of such areas are well documented, and have inspired a ho=t
of governmental procjrams des gned, with varying decJrees of
success, to achieve this result. For its ~art, the Town '
expend ng large sums of money' to protect ex.sting farm acreage.'
At the same time the Town has an oblic~ation to exercise its
authority to reasonably rec. lulate the subdiwsion and development
of this land to further the same purposes, while honoring the
legitimate interests of farmers and other farmland owners.
[Section 100-301 Section 100-31. Use regulations.
In an [A~ 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 uses except the following:
A. Permitted uses.
fa.)
( 2.1
One-family detached dwellings, not to exceed one
dwelling on each lot.
The following commercial agricultural operations and
accessory uses thereto, including irrigation, provided
that there shall be no storage of manure, fertilizer or
other odor or dust- producing substance or use, except
spraying and dusting to protect vegetation, within
feet of any tot line:
The raising of field and garden crops, vineyard
premises subject to the following special
(1) All [one-storyl buildings (or structuresl for
display and retail sales of agricultural and
nursery products grown [primarilyI on the
premises shall not exceed 1,000 square feet in
floor area [,I or one story in height. Display
of produce, at a roadside farm stand shall be
lines. Any roadside farm stand in excess of
[One hundred (100~] fifty tS0! square feet in floor
area shall be set back twenty (20) feet from the
street fine. Any stand in existence at the effective
(2) All signs shall conform to the provisions of
[Section 100-30C[6)(b)1 Section 100-3tCIg).
(3) Off-street parking as required in the P_a_rking
Schedule shall be provided and shall be
approved by the Planning Board. Any. roadside
~tand in existence on the effective
paraqraph must, within one (1) year _from such
d~ate~ comply with the provisions hereof.
-12-
(b.) The keeping, breeding, raising and training of
horses, domestic animals and fowl (except ducks) on
lots ten (10} acres or more.
(C.) Barns, storage buildings, greenhouses (including
plastic covered), and other related structures.
provided that such buildings shall conform to the
yard requirements for principal buildings.
(3.)
Buildings, structures and uses owned or operated by the
Town of $outhold, School Districts, Park Districts and F~re
Districts.
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 , and except
for the uses set forth in subdivision (15). hereof, are subject to
site plan approval by the Planning Board . [in accordance with
Article XIII hereof:]
(1.) Two-family dwellings [, conversions of existing buildings
and new construction,] not to exceed one such dwelling on
each lot,
(2}
Places of worship, including parish houses (but excluding a
rectory or parsonage, which shall conform to the requirements
for a one-family dwelling), subiect to the following requirements.
ia)
No building or part thereof shall be erected nearer than
fifty (50) feet to any street line and nearer than 20 feet
to any lot tine,
(b)
The total area covered by all princlpat and accessory
buildings shall not exceed twenty (20%) percent of the
area of the lot.
(3) Private elementary or high schools, colleges and other educational
institutions, subject to the following requirements,
fa) No building shall be [ess than fifty {50) feet from any
street or lot line.
(b)
The total area occupied by all principal and accessory
buildings shall not exceed twenty (20%} percent of the
area of the tot.
Any school shall be a nonprofit organization within the
meaning of the Internal Revenue Act and shall be registered
effectively thereunder as such.
(d)
which the building is designed.
Nursery schools.
(si
{Libraries,] Philanthropic. eleemosynary or religious institutions,
hospitals, nursing and rest homes or sanitaria for general medical
care, but excluding facilities for the treatment of all types of
drug addition, 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 ($0) feet of any lot line.
ih)
The total area covered by principal and accessory buildi~gs
shall not exceed twenty (20%) percent of the area of
(c) The maximum height shall be thirty-five (35) feet or two
and one-half {2}} stories.
-13-
((6))
(-
(d) The entire lot, except areas occupied by
buildings or parking or' oading areas, shall
be suitable landscaped and properly malnta ned,
(el Sufficient exterior illumination of the site shall
be required to provide convenience and safety.
All such illumination shall be shielded from
the view of all surrounding streets and lots.
(fl Any nursing home, hospital or sanitarium shall
meet the following standards:
[11 (i._~.) All buildings shall be of fire-resistive
construction.
[21 (ii._~) All such uses shall be served by
adequate water and sewer systems
approved by the Suffolk County
Department of Health.
[3J (iii) Patients suffering from communicable
-- diseases shall not be permitted in
any nursing home or sanitarium
(communicable diseases are defined
by the Sanitary Code of the Public
Health Council of the State of New
York).
[ql (iv) Eight Thousand (8,000) square feet
of 1or area shall be provided for each
patient bed.
Pubtic utility rights-of way as well as structures and other
installations necessary to serve areas within the Town,
subiect 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.
(Fraternity houses,] Beach clubs, tennis clubs, countr'/?
clubs, ,cjolf clubs, public golf courses, and annual
m~mbership clubs catering exclusively to members and
their guests, and accessary playgrounds, beaches.
swimming pools, tennis courts, recreational buildings,
and maintenance buildinc~s., subiect to the following
(al No building or part thereof or any parking or
loading area shall be located within one hundred
(100) feet of any street line or within fifty (501
feet of any 1or line.
(b} The total area covered by principal and
accessory buildings shall not exceed twenty
(20%) percent of the area of the lot.
{c) Such use shall not be conducted rot pro(it as a
(el The direct source of all exterior lighting shatl be
((7)) (0) Children's recreation camps organized primarily for seasonal
-- use and subject to the following requirements:
(al No building, tent, activity area or recreation facility
shall be less than two hundred (200) feet from any
lot I ne, and any such building, tent, activity area
or recreation facility shall be effective y 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.
(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.
lc) All outdoor lighting shall be arranged and/or sheilded
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.
(91 [labor camps, farm and nonfarm,] Farm labor camps, subiect
to the following requirements:
(a} All farm labor camps on farms shall be constructed 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 plannin~ Board [of Appealsl.
[Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subiect to the
following requirements: I
[(all
(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. ]
(10} Veterinarian offices and animal hospitals, subiect to the
following requirements:
(a)
The housing of all animals shall be in a fully enclosed
structure, if nearer than one hundred fifty [(100)1
(150} feet to any lot line.
(11} Cemeteries.
(12} Stables and riding academies
[(13][ [Funeral homes and undertaking estabiishments.]
!(1.)1
(13} Wineries for the production and retail sale of wine produced
from grapes grown on the vineyards on which such w~nery
is located.
One accessory apartment [n an existing one-family dwelllngo subject
to the following requirements:
(al The accessory apar.tment shall be located In the principal building.
(bi The owner of the existing dwelling shall occupy one of the dwelling
(c) The existing one-family dwelllng shall contain not ieee than sixteen
hundred (1,600) square feet o( liveable floor area.
(d) The accessory apartment shall contain not less than four hundred
fifty (q50) square feet of livable floor area.
(el .Tt~e accessory apartment shall not exceed forty (q0%) percent
et' liveable floor area of the existing dwelling unit.
(fi A minimum of three. (3) off-street parking spaces shall be provided.
Not more than one (1] accessory apartment shall be permitted
on a lot.
(hi The accessory apartment shall meet the requirements of a dwelling
unit as defined in Section 100-13 hereof.
The exterior entry to the acceesory apartment shall, to the
maximum extent, passibia,'retain the existing exterior appearance
or' a one-family dwelling.
{ii All exterior alterations to the existing building, except for access
Certificate of Occupancy shall terminate upon the transfer of
title by the owner, or upon the owner ceasing to occupy one of
the dwelling units as the owner*s principal resicience, in the
event of an owner's demise, the occupant of an accessory apartment
may continue in occupancy until a new owner shall occupy the
balance of the dwelling or one {1) year from date of said demise,
(I) All conversions subiect to inspection of Building Inspector and
Renewal o( Certificate of Occupancy annually.
[mi The building which qe converted to permit an accessory apartment
shall be in existence and have a valid certificate of occupancy
issued prior to January I, 198q.
(n) The existing building, together with the accessory apartment.
shall comply with ell other requiremente of Chapter I00 of the
Town Code of the Town of Southoid. '.
fo} Notwithstanding the previsions of Section 100-308 hereof, no
site plan approval by the Planning Board shat[ be required for
the establishment of an accessory apartment.
(pi Approval by the Suffolk County Department of Health Services
of the water supply and sewage disposal systems.
The renting of not more than three [3) rooms in an owner occupied
dwelling for Iodcjing and serving of breakfast to not more [hen
six (6} casual and transient roomere, provided that [he renting
of such rooms for such purpose is clearly incidental and subordinate
to the principal use of the dwelling, subject to the fo{lowing
requirements:
.. fa}
That adequate off-street parking spaces shall be provided
for such rented rooms in addition to parking spaces for the
use of the family of the owner.
Accessory uses, limited to the following [: ] uses and subject to the
conditions listed in Section 100-33 herein.
[(~)! (2._~.)
Any customary structures or uses which are customarily
incidental to the principal use, except those prohibited
by this chapter.
Home occupations, including professional offices, provided
that:
(a) No display of goods is visible from the streeL
(bi 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
nonresident assistant.
(c) Such occupation is carried on in an area not to exceed
[thirty percent (30%)1 twenty-five (2S%) of the area
of [one [1) floor] all floors of the main building
, and in no event shall such use occupy more than five
hundred (500) square feet of floor area,
(d) 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 pupils at one time, or where
concerts or recitals are held, are prohibited.
In no manner shall the appearance of the building be
altered nor shall the occupation within the residence
to lose its residential character, either by the use of
colors, materials, construction, or licjhtinc). No display
of products shall be visible from the street, and no
stock in trade shall be kept on the premises.
Home occupations shall in no event be deemed to include:
animal hospitals, kennels, barber shops, beauty parrots,
clinics, or hospitals, mortuaries, nursery schoots, clubs,
auto repa r shoDs, restaurants, tourist homes, roomincj
listed above.
(3} Boat dockin(~ facilities for the dockinc~, mooring or accommodation
of noncommercial boats, subiect to the foilowin~ requirements:
There shall be dockin~ or moorin(~ facilities for no more
than two [2) boats other than those owned anQ usec~
by the owner of the premises for his personal use.
(b.~) The Town Trustees shall ao!orove new boat dockinq
(c) Boats at such dockinc, i facilities shall not be used for
overnicjht sleepincj purposes.
[(2)~ ?..~.} Carden house, toolhouse, storage buildincj, playhouse,
wading pool, swimming pool or tennis court ;ncidental to
gain, subiect to the following requirements:
(a) Any swimming pool shall be completely enclosed with
in height, erected, maintained and prov{ded with a
self-closing, self-latching gate to prevent unauthorized
if said pool is located more than four (~) feet above
the gound, 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 (I) year from such
date, comply with all of the provisions hereof.
v"dua outdoor tennis court related to residential
{bi Ind . .-, '
use on a lot co~a stag. la-family detached
prow e t at t e same is set bac~flot less than six
'(6) fee't" from all lot lines, and that there is no lighting
t~or after dark use.
[(3)] (5) 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.
(6...~.) Off-street parkinc. I spaces accessory to uses on the premises.
Not more than four (q) off-street parklnc~space's shall be
.~ermitted within the minimum tront ~/ard.
[(q)] (7) 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 traller is stored, for his personal use. subiect
to subsection Q of Section 100-191 Supplemental parkinc~,
re~lations and the following requirements:
(a)Such boat or trailer shall not exceed thirty (30) feet
in length.
(bi Such boat or trailer shall be stored only in the required
rear yard, and the area occupied therefor, together
with the area of ail buildings in the rear yard, shall
not exceed forty percent (q0%) of the area of the
required rear yard.
(c) Such boat or trailer shall not be located within fifteen
(15) feet of any street or lot line.
[(5) 1 (81 Ilorses a~d Oomestic animals other t;~an housel~old pets,
-- provided that such shall not be housed within forty (qB)
feet of any lot line. Housino. for flocks of more than twenty-
five (25) fowl shall not be constructed within fifty
feet of any line.
[(6) 1 (9) The following signs, subject to the supplementary sign -- regulations herelna(ter set forth in Article XX:
(a) [One (1) [ndirectlyl Not more than two [2) non-
illuminated nameplates_ or professional signs_ eacl~ not
more than two (2) square feet in area.
(bi Not more than [three (3)[ two (2) signs with a combined
total area of not more than [seventy-two [72) I fort'~.-
e~) square feet, no one (1) ot which shall be
~n [four by six (~ x 6) 1 twenty-four (2~.!.
sc~uare feet in size, advertising ~ty [he sale of farm,
garde~ or nursery products [produced or l 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 4il twelve (12)
sc~uare feet in size on any one (1[ or more lots,
advertising the sale or lease of only the premises on
which it is maintained, and set back not less than [ten
(1011 fifteen (15) feet from any tot llne. Where acreage
or a subdivision has a continuous frontage-'~T five hundred
(500! feet or more, said sign shaJl not exceed twenty-
f-our (2qJ square feet in size.
[(el l (dl One (I] butletin board or other announcement or
identification sign for uses permitted in (Section 100-
308(2}, (3], (~), (6), [7) and (~0) hereof[ Section
00-3113 3) (~I [5 (5[, [8) and (9) of the A~ricultural
Distrct, not more than thirty-twol ~i~~i~t-e~en
feet in a~-ea, located not less than [five
(15) feet from any street or lot
C
[(f)[ (e) Such other signs as may be authorized as a speciat
exception by the Board of Appeals as
hereinafter provided.
1(7) 1 (1.0.). Yard sales, attic sales, garage sales, auction sales or similar
type of sales of personal property owned by the occupant
of the premises and located thereon, subiect to the following
requirements.
(a) Not mote than one [[¥i] such sale shall be conducted
on any lot in any one calendar year,
(bi Adequate supervised parking facilities shall be provided.
(c) No signs, except one [(I)1 one-premises sign not
larger than [three by four (3 x Jill six {6) square
feet in size displayed for a period ot not longer than
one [(1}1 week immediately prior to the day of such
sale, shall be permitted.
A permit is obtained therefor from the Building Inspector
upon the payment of a fee of $15.
[Section t0O-]ll Section 100-32. 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 iA Residential and Agriculture DistrictJ Ac~ricultural-
Conservation District and in the Low Density Residential R-80 District unless
the same conforms to the Bulk Schedute and Parkincj Schedule incorporated into
this chapter with the same force and effect as if such rec~ulatJons were set forth
herein in full, as well as to the following Butk anq Parking requirements, to wit:
A. In the case of a lot held in single and separate ownership prior to November
23, 1971 and thereafter, with an area of less than forty-thousand ([10.
square feet, a single family dwelling may be constructed thereon, provided
that the requirements of Column iAI vii of the Bulk Schedule and the
Parking Schedule incorporated in thls'-~napter are comp i~ith.
B. The bulk and parking requirements t'or single-family dwellings as set forth
in Column [A-q0J ii of the Bulk Schedule and [he Parking $chedule incorporated
into this chapter s~all apply to the following Jots, to wit:
(1) All lots shown on maior and minor subdivision maps which were granted
final approval by the Planning Board prior to May 20, 1993.
(2) All lots shown on maior subdivision maps upon which the Planning
Board has held a hearing for preliminary map approval prior to ,May
20, 1983.
(3) All lOtS shown on minor subdivision maps that have been granted sketch
plan approval by the Planning Board prior to May 20, 1983.
All lots setoff or created by approval of the Planning Board subsequent
to November 23, 1971 and prior to ~Vlay 20, 1983.
C. The bulk and parking requirements for single family dwellings set forth
in [Column A-8Ol Columns [ and iii of the Bulk Schedule 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 maior subdivision maps upon which the Planning Board
has held a hearing for preliminary 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 two-family dwellings set forth in
Column [A-1601 xii of the Bulk Schedule and Parking Schedute incorporated
into this chapter s-~hall 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 preliminary approval on or after May
20, 1983.
(31 All lots setoff or created by approval of the Planning Board on or after
May 20, 1983.
[Section 100-32] Section 100-33. Accessory buildings.
n the iA Residential and Agrcu rural District,] Ac~ricuituraI-Conservation
District and Low Density Residential R-80, R- 20, R-200 and R-q00 Oistr cts,
accessory buildings and structures or other accessory uses may be located in
the required rear yard, subiect to the following requirements:
A. Such buildings shah not exceed eighteen (181 feet in height.
B. Such buildings shall be set back no less than three (3) feet from any lot
line.
.All such buildings in the aggregate shall occupy not more than forty percent
(qO%) of the area of the required rear yard.
-20-
9. Chapter 100 is amended by adding a new Article thereto, to be Article ill-A, to provide
ARTICLE III - A
Low Denslt¥ Residential R-q0 District
Section 100-30A. Purpose.
The purpose of the Low Density Residential R-a0 District is to provide areas
for residential development where existinc~ neighborhood characteristics, water
supply and environmental conditions permit full development densities of
af~proximateiy one dweUinc~ per acre and where opeh space and a~rlcuitural
preservation are not predominate oPiectives.
Section 100-31A. Use regulations.
In an R-q0 District, no building or premises shall be used, and no buildincj or
part of a building shah be erected or altered which is arranc~ed, ~ntended or
desJc~ned to be used, in whole or in part. for any uses except the followin(~:
A. Permitted uses.
~1) Same as Section 100-$1A of the Agricultural-Conservation District.
Uses permitted by special exception of the Board of Alapeals The following
uses are permitted as a special exception by the ~0a~-d of Appealst as hereinafter
provided, and subiect to site plan approval by the Planninc~ Board.
([) Same as Section 100-31B of the Agricultural-Conservation District,
except (Si children's recreation camp, (9) ~arm labor camp and (10)
veterinarian office anb animal hospital not permitted, and bed and
DreaKtast uses cio not require site Dian aDorovalL
(2.~.) Libraries, museums or art ~alleries.
C. Accessory uses, limited to the followincj:
(1~) Same as Section 100-31C of the Agricultural-Conservation District.
Section 100-32A. Bulk. area and parking requirements.
No building or premises shall be used and no buJldinc~ or part [hereof shall be
S~ectio.~n 100.~-33A..__..: Accessory buildin~ls. Accessory buildings shall be sub eot
to the same requirements ac Section I00-33 of the Ac~ricutturai Conservation
District.
-21-
(-
10.
Article IV is repealed and a new Article IV is added in its place, to provide as
foUows:
ARTICLE [V
Hamlet Density Residential (HO) District
Section 100-~0. Purpose.
The purpose of the Ham et Density (HO) Residential District is to (1) permit a
m x of hous ncj types and level of residential density appropriate to the areas
in and around the major hamlet centers, particular y Matt tuck. Cutchoc~ue,
$oMthoidr Orient and the Villaqe of Greenport.
Section 100rql. Applicability.
The Ham et Density (HO} Residential District may be designated on the Zoni~
Map by the Town Board upon its own motion, or by petition on parcels within
0ne-half mile of a Hamlet Business (HB) District of Mattituck, Cutcho(~ue and
Southoid hamlet and within one-quarter mile of the Hamlet Business (HB) district
Of Orient, and within one-half mile of the boundary of the Villac~e of Greenport.
Section 100-q2. Use regulations.
tn an HD Oistrtct. no buildin9 or premises shall be used., and no buildinc) or
part of a buildinc. I shall be erected or altered which is arre.~ged, intended or
desi~tned to be used. in whole or in part of any use except the following:
A. Permitted uses.
(l) One-family detached dweillnc~.
(2) Two-family dwelllnc~.
Uses permitted by special exception by the Board of..A_opeals- T~s~ following
Uses are permitted as a special exception by the ~;~..O ot Appea , as hereinafter
provided, and sui3iect to site plan approval by the Planning ~oard:
(1) Multiple dwellings, townhouse, row or attached house.
(2) Accessory apartments in sin(~le-family residence as set ~'orth in and
regulated by Section 100-318(2) of the Ac~ricutturaI-Conservation
Oistrict.
(3__L Bed and breakfast uses. as. set forth in and regulated by Section
~[00-3115 (181t without site plan approval.
Accessory uses. limited to the following:
[1) Accessory uses as set forth in and regulated by Section 100-31C
through (7) and InI of AqriculturaI-Conservation District. and ~uL3ject
conditions set forth in Sectmn 00-33 thereof.
(2) Freestanding or ground signs, subiect to the following requirements:
-- One (1) sign eith'er $inc. lie or double-faced, not more than eic~thteen
(181 square feet in area, anc~ the upper edc~e of which shall not
more than five (5) feet above the ground unless attached to a fence
or wall. Such sign shall only indicate the name of the p~mi~es. Such
sign shall be se~ back not less than fifteen (15) f~et from
a-nd lot lines. Such sign shall comply wi-th all
~'~-~ibtions set forth in Article XX.
(~31_ Accessory buiidinos, structures alld other
and other community services [o all buildinc~s and Structures o. the
premises, provided, however, that the ptans for and the Iocatk~n
~/' the same shall b. approved by the
-22-
Section 100-43. Bulk, area and parkinc~ requirements.
No buildin~ or premises shall be used and no buildin(~ or part thereof shall
be erected or altered in the Hamlet Density (HO) Residential District unless
the same conforms with the Bulk Schedule and Parkinc~ Schedule incorporated
into this chapter, with the same force and e~fect as if such regulations were
set forth herein in futl.
-23-
11.
Article V is repealed; Article VA is renumbered Article V, and the Sections
thereof are renumbered Sections 100-50 to 100-58 inclusive.
ARTICLE V
AFFORDABLE HOUSING DISTRICT
Section 100- S0. Purpose.
The purpose of the Affordable Housing District is to provide the opportunity
within certain areas of the Town for the development of high density housing
for families of moderate income.
Section 100- 51 Definitions.
For the purpose of this Article, the following terms, phrases and words shall
have the following meaning:
CONSUMER PRICE INDEX - The Consumer Price Index as published by
the United States Department of Labor, Bureau of Labor Statistics for
the New York Metropolitan area.
DIRECTOR - The Director of Community Development for the Town of
$outhold.
MODERATE INCOME FAMILY - A family whose aggregate annual income,
including the total of all current annual income of all family members
(excluding the earnings of working family members under age 21) from
any source whatsoever at the time of application for the purchase or
lease of an affordable housing unit or the purchase of an unimproved
affordable lot, does not exceed $39.000.00, which annual income shall be
change in the consumer price index.
MODERATE INCOME FAMILY DWELLING UNIT - A dwetling unit i~esm'ved
for rent or sale to a moderate income family and for which the
maximum monthly rent (excluding utilities) or the maximum initial sales
in Section 100- 5&E hereof.
MODERATE INCOME FAMILY UNIMPROVED LOT An unimproved 1et
reserved for sale to a moderate income family, and for which the
maximum initial sales price, inclusive of the cost of providing public
sales price set forth in Section ]00- 56E hereof.
PERMANENT FIXED IMPROVEMENT An improvement to a lot or a
moderate income family dwelling unit which cannot be removed without
substantial damage to premises or total toss of value of said
improvements.
Section 100- 52 Applicability.
AHD Districts shall be established by application to the Town [~oard pursuant
the procedures hereinafter specified, on parcels of land located within the
following areas:
A. Land within a one-half (}) mile radius of the post offices located in
the hamlets of Mattituck, Cutchogue, Peconic and Southold.
Land within one-quarter (¼) mile radius of the post o~fic~s located in
the hamlets of East Marion and Orient.
C. Land within one-quarter (~) mile of the boundaries of the incorporated
Village of Greenport.
Land in such other areas aa shall be designated by Town Board
resolution after a public hearing thereon, upon ten (t0) days notice
thereof by publication in the official Town newspapers.
Section 100- 53. Use Recjulations.
In the AHD 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. Permitted uses.
1. One-family detached dwelling
2. Two-family r.;,vell in g
3. Multiple dwellings.
Accessory uses as set forth in and regulated by Section 100-30C (I),
(2), [3), (~), (6) and (7) of this Chapter.
Section 100- 54 Bulk Area t, ParkinC~ Requirements.
No building or premises shall be used and no building or part thereof shall
be erected or altered in the AHD District unless the same conforms to the
following Bulk, Area & Parking ~;:heduie.
BULK, AREA & PARKING SCHEDULE
Minimum
Requirements
Total Iot 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 dwg)
Off-street parking spaces (per dwg)
Land area (sq.ft.) per dwg. unit
Maximum Permitted Dimensions
Lot coverage [percent)
Building height
Number of stories
Single Family Two-Family Multiple
Dwellinqs Owellinqs Dwellinqs
10,000 20,000 40,000
80 100
15 15 20
35 35 q5
850 600 GO0
~O,O00 10,000 10,000
20 25 25
35 35 35
2½ 2½ 2~
-25-
Section 100- 55. Application Procedure
A. Application Procedure,
The procedure for planning and zoning approval of any future proposed
development in an AHD District shatl involve a two-stage review process
as follows:
(t) Approval of a preliminary development concept plan and the zoning
reclassification of a specific parcel or parcels of land for
development in accordance with that plan by the Town Board; and
Approval of a final, detailed site plan. and subdivision plat
approval, if required, by the Planning Board.
Application to the Town Board for rezoning approval.
Four (~) copies of the application for the establishment of an AHO
District shall be filed with the Town CIerl~ who shall submit a copy to
the Town Board at its next regular scheduled meeting. The application
shall contain at least [he following information:
(1) The names and addresses of the property owners, and all other
persons having an interest in the property; the name and address
of the applicant (if not the owner); the names and addresses of
any planners, engineers, archltects, surveyors, and all other
persons or firms engaged or proposed to be engaged to perform
work and/or services with respect [o the proiect described in the
application.
[2) If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the applicant to
submit the application on behalf of the owner or owners.
(3) A written statement describing the nature of the proposed proiect.
and how it will be designed to fuilfill the purposes of this Article
[including its consistency with the Town Master plan); an analysis of
the site's relationship to adioining properties and the surrounding
neighborhood; the availability and adequacy of community facilities
and utilities, including public water and public sewer systems, to
serve the needs of the proiect and the residents [herein; [he safety
and capacity of the street system in the area in relation to the
anticipated traffic generated, and such other information as deemed
necessary by the Town Board and/or the Planning Board to enable
them to properly review and act upon the application.
(q) A written statement describing the proposed method of ownership,
operation and maintenance of all proposed common utilities, including
public water and sewer facilities, and open land located within [he
proposed development.
(5) A preliminary development concept plan for the proposed proiect,
drawn to a convenient scale, and including [he foJlowi~cj information:
(a) The total area of the property in acres and square feet.
lb) A map of existing terrain conditions, including topography with
indent] float]on of soil types [including wetlands), existing
drainage features, major rock outcroppings, the extent
existing wooded areas and other significant vegetation, and
other significant features of the property.
-26-
A site location sketch indicating the I~cation of the property
with respect to neighboring streets and properties, including
the names of all owners of property within five hundred (500)
feet therefrom, as shown on the last completed town assessment
roll. Such sketch shall also show the existing zoning of the
property and the Iocatinn of all zoning district boundaries in
the surrounding neighborhood,
(d)
A preliminary site development plan indicating the approximate
location, height and design Of all buildings, the arrangement of
parking areas and access drives and the general nature and
location of all other proposed site improvements, inctudlng
recreational facilities, landscaping and screening, the storm
drainage system, water and sewer connections, etc.
(e)
A plan showing the number, type and location of all proposed
dwelling units and unimproved lots to be reserved for sale or
lease to moderate income families, and the ~atio of the same to
all proposed dwetling units and lots in the development.
A gene-alized time schedule for the staging and completion of the
proposed project.
An application fee in the amount of fifteen dollars ($15.) for
each proposed dwelling unit or five hundred ($500.) dollars.
whichever is greater.
Referral to Planning Board.
Upon the receipt of a properly completed application for the establishment
of a new AHD District, one copy of the application shall be referred to
the Planning Board for its review and report, and one copy shall be
referred to the Suffotk County Planning Commission for its review and
recommendation, if required by the provisions of the Suffolk County
Charter. Within sixty (60) days from the date of the Planning Board
meeting at which such referral is received, the Planning Board shall
report its recommendations to the Town Board, No action shall be taken
by the Town Board until receipt of the Planning Board report or the
expiration of the Planning Board review period, whichever first occurs.
Said review period may be extended by mutual consent of the Planning
Board and the applicant.
O. Planning Board Report.
The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD
District, with or without modifications, or disabproval of said
application. In the even, that the Planning Board recommends disapproval
of said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the Planning
Board shall give consideration to the Town Master Plan, [he existing and
permitted land uses in the area, the relationship of the proposed design
and location of buildings on the site, traffic circulation, both on and off
the site, the adequacy and availability of community facilities and
utilities, including public water and public sewer systems, to serwce the
proposed development, compliance of the proposed development wilh the
standards and requirements of this Article, the the~- current need for
such housing, and such other factors as may be related to tile ptlrposes
of this Article.
E. Town Board Public Hearing.
Within forty-five (~5} days from the date of the Town Board's receipt of
the Planning Board~s report and recommendation, or the expiration of the
Planning Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an AHE) District
on the property described in the application. Such hearing shall be held
upon the same notice as required by law for amendments to the town
Zoning ~lap and/or Zoning Code.
F. Town Board Action.
(I) Within forty-five (qS} days after the date of the close of the public
hearing, the Town Board shall act either to approve, approve with
modifications, or disapprove the preliminary development concept
plan and the approval or disapproval of the establishment of the
AHD District applied for. Approval or approval with modifications
shall be deemed as authority for the applicant to proceed with the
detailed design of the proposed development in accordance with such
concept plan and the procedures and requirements of this Article. A
copy of the Town Board's determination shall be filed with the
Planning Board and a copy mailed to the applicant. A copy shall also
be filed in the Town Clerk's Office. If such determination approves
the establishment of a new AHO District. the Town Clerk shall cause
the official Zoning Map to be amended accordingly.
(2) Approval of the establishment of an AHO District shall expire twelve
(12) months after the date of Town Board Approval thereof if the
applicant has not received site development plan approval and final
suPdivision plat approval of at least the first section of the ptanned
development within such twelve (t2~ months period. Approval of the
establishment of an AHD District shall expire eighteen [18) months
after said Town Board approval thereof if work on the site has not
commenced or the same is not being prosecuted to conclusion with
reasonable diligence. The Town Board, upon application oi~ the
applicant, and upon good cause beincJ shown, may in the exercise of
its discretion, extend both of the above time periods for not more
than two (21 additional periods of not more than six [6} months
each. In the event of the expiration of approval as herein provided,
the Al-ID District shall be deemed revoked and the zoning
classification of the property affected thereby shall revert to its
zoning classification that existed on the property immediately prior to
the establishment of the AHO District thereon, and the Town Clerk
shall cause the official Zoning Map to be amended accordingly.
G. Site Plan And Subdivision Plat Approval by the Planning Board.
{1) No earthwork, site work, land clearing, construction or development
activities shall take place on any property within an AHO District
except in accordance with a site plan approved by the PlannincJ
Board in accordance with the provisions of this Article and in
accordance with the procedures and standards [or site plan approval
as set forth in Article XXVof this Chapter.
(2)
Where a proposed development Involves the subdivision or
resubdtvision of land. no development shall proceed until the
Ptannlng Board has granted final subdivision plat approval in
accordance with the provisions of Chapter ^106 of the Town Coda.
Section 100-$6 Ceneral Regulations and Requirements..
A. Sewer and Water.
In an AHD OIstrtct. public water
cllsposal systems shall be provided
therein ·
Covenants and Restrictions,
supply systemsar~=i/or public sewer
to serve all dwelling units located
In approving a preliminary development concept plan and/or the
establishment of an AHD District. the Town Board shall have the right to
require the applicant and/or the owner and ail persons having an interest
in the premises to execute an agreement. In recordablo form, containing
to accomplish the intent and purposes of this Article.
C. Provision For Moderate lncome .Family 'Dwelling Units And UnlmprQved Lots.
(1) On tend within an AHO District containing ten (10) acres or tess of
lend. not [ess than forty CU,0%] percent of the ~etling unit's and/or
unimoroved lets ideated t~erein shall be Fesa~ved for sale or lease tc
moderate income families.
(2)
On land within an AHD District containing more than tan {I0) acread
land. not less than fifty ($0%) percent of the dwelling units and/or
untmproveq Iots therein s~all be reserved fo~ sale or ~ease to m~era~
income families.
D. Eligibility.
in each AHD District, the sale or lease of dwelling units reserve(
for moderate income families, and the sale of unimproved tot.'
rese~'ved for sale to moderate income families shah be allocated on ;
priority basis, in the following orde~':
(a) First tO eligible applicants employed in the Town of Sou%hold.
(b) Second tO eligible apoHcants who reside in the Town o
Sou%hold. in the order of length of- residence in the Town.
(ci Third to ali at'er .eliglblb applicants.
E. Maximum Sales Prat. And Monthly Rent.
tn an AHa District, the ~axlmum Initial sales price of a dwelling un
be as follows:
(al Unimproved lot containing an area of 10,000 sq.ft. - 525,000.
(bi Attached dwelling unit - $60,000.
lc) All money received by the Town pursuant to the provisions of
the preceding paragraph lb) shall be deposited in separate
accounts and shall be expended only for the purposes of this
Article ~n such manner as shall be determined by the Town
Board.
Section 100- 57 Administration.
A. General Duties of Director.
(1) The Oirector shah be responsible for the administration of dwelling
units and unimproved lots reserved for moderate income families in
ail AHD Districts pursuant to the provisions of this Article.
(2) The Director shatl promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for
moderate income families in all AHD Districts; the number thereof
available for sale or [ease at all times; the sales prices and monthly
rent for such dwelling units and Iots; the names and addresses of
eligible families desiring to purchase or lease the same, together with
a priority list of such families. The Director shall maintain such
other records and documents as shat( be required to properly
administer the provisions of this Article.
B. Interagency Cooperation.
Whenever the Town Board approves the establishment of an AHD
District, a copy of such determination shall be filed with the
Building Inspector and [he Director, together with a copy of any
agreements and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a
site plan affecting land within an AHD District, a copy thereof shall
be flied with the Building Inspector and the Director, together with
copies of any agreements and/or covenants relating thereto,
[3) Whenever the Building Inspector shall issue a building permit, a
certificate of occupancy or any other permit or authorization
affecting dwelling units and/or unimproved lots [ocated in an AHD
District and reserved for sale orlease to moderate income families, a
copy thereof shall be filed with the Director.
(1) Whenever the Building Inspector receives an application for a
certificate of occupancy for a dwelling unit or unimproved lot located
families, the Building inspector shall file a copy thereof with the
application of the maximum sales price or monthly rent for such
dwelling unit or lot as well as eligibility requirements for families
seeking to purchase or lease such dwelling units or tots.
(21 No certificate of occupancy may be issued by the Building Inspector
until the Director has supplied the Building inspector with the
information provided for in the preceding paragraph and the
Building inspector determines that the issuance of the certificate of
dwelling unit or unimproved lot in violation of the provisions of [his
3) The Director shall certify the eiic~ibility of all applicants for lease or
moderate income families shall not sell or lease the same to any
person who does not possess a certificate of eligibility issued by the
Director. A violation of the provisions of this paragraph shall
constitute grounds for the revocation of a certificate of occupancy.
(2}
(c) Single-family detached dwelling unit - $75,000.
The maximum initial monthly rent (exclusive of utilities for a dwelling unit
reserved for moderate income families in the AHD District shall be as
follows:
(a) Studio Apartment - $300.
(b) One bedroom dwelling unit - $400.
(c) Two bedroom dwelling unit - $500.
(d) The provisions of this Section 100:56E{2) shall remain in effect as
to each dwelling unit for a period of fifteen (15) years from the d~te
of the initial lease thereof.
(31
The maximum sales prices and monthly rents set forth in Section
100- 56 (1) and (2J hereof shall be revised each year on January 31st to
conform to the previous year's change in the consumer price index.
F. Resale Price of Dwelling Units and Unimproved Lots.
(7)
Dwelling units in an AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price plus the cost of
permanent fixed improvements, adiusted For the increase in the consumer
price index during the period of ownership of such dwelling unit and
such improvements plus reasonable and necessary resale expenses.
(2)
Unimproved lots in a AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price of such lot adiusted for
the change in the consumer price index for the period during which such
Where an unimproved lot in an AHD District reserved for moderate income
families is improved with a dwelling unit, the maximum resale price shall
be determined in the manner specified in Section 100=56F (1) hereof.
Notwithstanding the provisions of Section 100- 56-P (3), (2) and (3)
hereof, the Director may authorize the resale of a dwelling unit or
unimproved ~ot reserved for moderate income families at a price in excess of
the maximum resale price specified in Section 100-56-F (1), (2} and (3)
hereof, under the following conditions:
(al
That the owne~ of such dwelling unit file an application with the
Director requesting approval of such resale, setting forth in detail
the calculation for the determination of the maximum resaie price, the
proposed resale price, and such other information and documentation
as the Director shall request.
(b)
allowable resale price shall be divided between the resale seller and
the Town in the following proportions.
Year of Resale Percentage Percentage
after purchase to Owner To Town
1st 0
2nd 20 80
3rd ~0 50
qth 60
5th 80
6th 90
(q) On or before March 31 of each year, the Oirector shall notify the
owner or manager of dwelling units and unimproved 1ors reserved for
moderate income families of the monthly rent, sales price and income
eligibility requirements for such units and lots based upon data
derived from the precedincj year.
(5) The owner or manager of dwelling units and unimproved lots
reserved for moderate income families shall certify in writing to the
Director on or before May 31 of each year that the sale and/or lease
of such dwelling units and Iota comply with the provisions of this
Article and Chapter 100 of the Town Code.
(6) When a dwellincj unit rese~'ved for lease to moderate income families
ia to be rented, the lease for such unit shall not exceed a term of
two (2) years.
Section 100- 58 Applicability of Town Code.
All of the Provisions of the Code of the Town of $outhold not inconsistent
or in conflict with the provisions of this Article shall be applicable in the
AHO District.
-32-
1:2. Article VI is repealed and a new Article VI is added in its place, to provide as
follows;
ARTICLE VI
Resort Residential (RR)
District
Section 100-60. Purpose.
The purpose of the Resort Residential (RR) District is to provide opportunity
for resort development in waterfront areas or other appropriate areas where because
of the availability of water and/or sewer more intense development may occur
consistent with the density and character of surroundincj lands.
Section 100-61. Use recJulations.
In an RR District, no buildinc~ or premises shall be used, and no buildinq or
part of a buildin~l shall be erected or altered which is arrant)ed, intended or
desic~necl to be used, in whole or in part, for any use except :he /ollowinc~:
Permitted uses,
(1) Any permitted use set forth in. and as rec~ulated by Section 100-31A
of the Agricultural-Conservation District.
Uses permitted by special exception by the 8pard of Appeals. The followinc~
uses are permitted aa a special exception by the Board of Appeats as hereinaft,
provided, and except for the uses set forth in subdivision {5) hereof,
are subiect to site plan approvat by the Plannincj Board.
(1__~.) Any special exception use set forth in, and as rec~ulated by Section
100-31(B) (1), (6), (7) and (lZI) of the AqricuituraI-Conservation
District.
(2~) Marinas for the dockinc), moorinc~ or accommodation of noncommercial
boats.
(3) Yacht clubs.
(q~} Transient hotels or motels, resort hotels or motels, conference facilities
provided that the followinc) requirements are met:
(a) Minimum parcel size shall be flve (5) acres.
(b_~.l The maximum number of c)uest units shall
one [I) unit per six thousand (6,000~ square feet of land
without .public water or sewer.
one (11 unit per four thousand (~1,000) square feet of Tand
with public water and sewer.
No music, entertainment or Ioudsbeaker system shall be audible
from beyond the property line.
(d~} No lic~hts shall create a cJlare on adioininc
100-3~B (]51.
(6) Touris.t ca~ps as regulated by Chapter 88 of the Town Code.
(7~) Free standinc~ restaurant.
C. Accessory uses.
(11 Any accessory use set forth in, and as rec~ulated by Section 100-
-- 31C (I) throuc~h (7) of the A~lricuiturai-Conservation District.
{21 Signs as regulated by Section 100-31C (91 of the Ac~ricultural-
Conservation District, and in the case of a hotel, motel resc,."t.
tourist camp. country ciuh, beach club, swim club, tennis chlb,
if the build nc~ is set back twenty-five (251 feet, one (1) free-
standing or ground illuminated sic~n with a maximum area of
eic~hteen (~8) square feet may be permitted at the entrance, set
back a minimum of fi(teen (15) feet from the street Hne.
(31 Sanitary and taundry facilities.
Accessory uses set forth in and as regulated by Section 100-q2C(31
of the Hamtet Density Oistrict.
Section 100-62. Bulk. area and parkincal requirements.
Except as otherw se provided here n, no buildinc~s or premises shatl be used
and no building or part thereof shal be erected or altered in [he Residentinl
ht~ Oistrict unless the same conforms with the Bulk Schedule and Park nc~
and I nartinq Schedules incorporated into this chapter by reference with the
same-force'and'effect as ~f such reC. lulations were set forth herein in full.
13.
Article VII is repealed and a new Article VII is added in its place, to provide as
follows:
ARTICLE VII
Residential Office (RO) District
Section t00-70.. Purpose.
To provide a transition area between business areas and Iow density residential
development alonc~ major roads which will provide opportunity/ for limited nonresidential
uses in essentially residential areas.
Section 100-71. Use regulations.
In a Residential Office (RO~ District, no buildinc~ or premises shall be used, and
no buildincJ or part of a buiidinc~ shall be erected or altered which is arranc~ed,
intended or designed to be used, in whole or in part, for any uses except the
followin~:
A. Permitted uses.
(1) One-family detached dwelllnc~s, not to exceed one dweUin~ on each lot.
(2) Buildlnc~s, structures and uses owned or ooerated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Bo
Uses permitted by special exception by the 8bard of Appeals. The followin(~
uses are permitted as a special exception by the -~oard of Appeals as hereinafter
provided, and subiect to site plan approval by the Plannin(j Board, provided
that not more than one (1) use shall be allowed for each a0,000 sq.ft, of lot as
Special exception uses as set forth in and regulated by Section I00-3tl3
(1) throucjh (7) of the A~riculturai-Conserv~tion District
(2) Professional offices and business offices.
(3) Funeral homes.
Bed and Breakfast uses as set forth in and rec~ulated by Section 100-3tBI
except that no site plan approval is rec]u~red.
(5--) Libraries. museums or art c~aileries.
Accessory uses, limited to the foUowinc~:
(1__~) Accessory uses-as set forth in and rec~ulated by Section 100-31
through (7! of the Ac~ricutturaI-Conservation District, an(~ sut3iect to
the conditions set forth in Section 100-33 '.hereof.
(2) The followinc~ sicjns, subiect to the supplementary s~n rec~ulati~ons set
forth in Article XX:
One (t) indirectly illuminated nameplate or professional sic~n not
more than two (2) square feet in area.
[b) One (1) real estate sign, either single or double-faced not Iar
-- h~n ~ ...... : ..... _cj.
and set back not less than Fifteen (15)
acrea~.~ or a subdivision has a continuous ~
f~et in size.
C- c-
[c__~.) One (11 bulletin board or other announcement or identification
s~n for uses permite~ by Section 100.31B (3). (~), (5) and
[ , not more than eic~hteen (18) sc~uare feet in area,
not less than fifteen [15) feet from any street or lot line.
Accessory uses set forth in and regulated by Section 100-q2C[3)
of the Hamlet Density Oistrict.
Section 100-72. Bulk. area and parkinc. J requirements.
A. No buiidin~ or premises shall be used and no buildinc. I or part thereof
~ shall he erected or altered in the Residence-Office (RO) Oistrict unicos
the same conforms with the Bulk Schedule and Parkinc~ and loadinc~
Schedules incorporated into Chis choppier, with the same force and ~'ffect
as if such regulations were set forth herein in
-36-
14.
Article VIII is repealed and a new Article VIII is added in its place, to provide
as follows:
ARTICLE VIII
Limited Business [LB) District
Section 100-80. Purpose.
The purpose of the Limited Business District (LB} is to provide an opportunity
to accommodate limited business activity aloncj hicjhway corridors, but in areas
outside the hamlet central business areas that is consistent with the rural
and historic character of surrounding areas and uses. Emphasis will be placed
on revtew of design features so that existing and future uses will not detract
from surrounding uses. The additional uses must ~enerate iow amounts of
traffic and be desicjned to protect [he residentail and rural character of the
area.
Section 100-81. Use regulations.
In the LB district, no buildinc~ shall be used and no buildinc~ or part of a
building shall be erected or a tered which is arranc~ed, intended or desic~ned
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) Any permitted use as set forth in and regulated by Section ]00-
31A of the A~ricuitural-Conservation District.
(2) The follow, inc~ uses are permitted uses subiect to site plan approval
by the Planning Board:
(a) Retail businesses complementary to the rural and historic character
of the surrounding area limited [o the followinc}:
ti) Antique, art and craft shops and gallaries.
{ii) Custom workshops and machine shops.
(iii) WhoJesale or retail sale and accessory storage and display
of c~arden materials, and plants, including nursery operations,
provided that the outdoor storac~e or display of plants
traffic and does not occur within three {31 feet of property
line.
(iv) Libraries or museums.
(b.~) Professional and business offices.
(c) Funeral Homes.
(d__L
{e)
Restaurants, exceDt drive-in restaurants.
Personal service steres and shops, includincj barber shop,
beauty parlor, professional studios and travel ac:..l___~.:.ei~c .
including cabinet sho~)s, carpenter sho)s. ~luctrical
plumbing shops, furniture reoair shops and bic¥cj~_,-~-j
(g) Wholesale and warehousing.
th) Retail uses supplementa~ to the service business establishment.
B. Uses permitted by special exception by the Board of Appeals. The following
-- uses are perm tted as a special exception by the Board of ^ppeals as
hereinafter provided, and except for Bed and Breakfast uses are subiect
to site plan approval by the PlannincJ Board.
(1) Any special exception use as set forth in and recjulated by Section
~ i00'-318 of the A.cjriculturaI-Conservation District,
Accessory uses, limlted to the following uses:
it) An accessory usa as set forth in and regulated by Sectio~ 100-
~ ~i~ (1) through [8) of the Acjricultural-Conservation Distrtct, and
SUhiect tO the conditions set forth in Section 100-33 thereof.
(,2.). Sic~ns subject to the following requirements.
(a) Freestanding or ground signs. Where the building is set back
twenty-five (25) feet or more from the street, one sign. ~ingte
or double-faced, not more than eighteen (18) square feet. the
lower edge of which shall be not less than four feet at~ve tt~'~'
c~round, unless attached to a wall or fence, and the upper edge
of which shall not extend more than fifteen (15) feet above the
ground, which sign shall be set back not [ess than fifteen (15)
feet from all street and property lines and shall advertise only
the business conducted on the premises. As used in this
subsection, the word "premises" shah mean all contiguous
prooerty in common ownership,
(b} Wall signs, One sign attached to or incorporated in each building.
Wall on a public street and advertising only the business conducted
in such building, provided that such sign does not:
(i) Exceed one (1) square foot in total area for each horizontal
foot of such wail.
(ii) Exceed in width one hundred percent (100%1 of the horizontal
measurement o( such wall.
{iii) Exceed three (3) feet in height.
(iv) Proiect more than one (1) foot from such wall,
Section 100-812. Bulk. area and pa!'king requirements,
Except as otherwise p~-ovided herein, no buildings or Dremises shall be used
and no buildin~ or part thereof shall be erected or altered in the LB District
unless the same conforms with the Butk C,¢hedule and Periling and /oadincj
Schedules incorporated into this chapter by reference, with Ihe same force and
effect as if such ~ec~uJations were set forth herein in full.
15.
ARTICLE IX
Humlet Business (HB) District
Section 100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business
development in the hamlet central business areas, incJuciinc] retail, office and
service uses, public and semi-public uses, as well as hotel and motel and multi-
family residential development that will support and enhance the retail development
and provide a focus for the hamlet area.
Section 100-91. Use regulations.
In a HB District, no building or premises shall be used, and no building or part
of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) Any permitted use set. forth in and regulated by Section 100-31A (1)
and (3) of the AcJricuitural Conservation District.
(2~) Any permitted uses as set forth tn and as regulated b~_ Section 100-
42A (21 of the Hamlet Residential District.
(3) Boardinc] houses and tourist homes.
Business, professional and c~overnmental offices.
(S)Banks and financial institutions.
(6)Retail stores.
Restaurants, excfudlnc~ drive-in restaurants.
Bakeshops (for on-premises retail sale),
(9) Personal service stores and shops, inctuding barber shop, beauty
parlor, professional studios, and travel agency.
(10) Art, antique and auction galleries.
[11) Artists' and craftsmen's workshops.
(12) Auditorium or meeting
(13) Repair shops for household, business or personal appliances, inctudJnc~
furniture repair shops and bicycle and motorcycle
(lq) Custom workshops.
(_I$__~_ Bus or train stations.
(~15_~) Theaters or cinemas (other than outdoor) .
(17) Libraries or museums.
(18) Laundromat.
Uses permitted by special exception by the Board of Appeals. The followinc~
~s are permitted as a special exception by ~hei3oard of Appe~s as
hereinafter provided, subiect to site plan approval by the Plann. ing
Board,
Any special exception use set forth in and as regulated by Section
100-31 B (3) to (6)and (]~) ~,~i '[l~iol the--Ac~r~cuJture Conservati~3n District
Multiple dwellin(~s and townhousee.
{3) Motel and hotel uses as set forth in and regulated by Section tOO-
-- 61 B ~ ) of the Resort Residential B District, except that minim~m
lot size shall be one (1) acre,
(tl._.}.i Apartments may be permitted over retail stores, subiect to the followin(~
requirements:
(al The explicit written approval of the Town Fire Prevention
Inspector shall be obtained for the desic~n, location, access and
other safety-related elements of every such apartment. No
apartment shall be permitted over fiHinc~ stations, stores "'
other businesses with kitchens or other fac ities producing'
intense heat, or any other establishment which the Fire '
Prevention inspector determines to pose a ~reater-than-averac~e
(b! The habitable fl~or area of each apartment shall be at least four
hundred fifty 1750) square feet The apartment shall not be
contain all services for safe and convenient habitation, rneet~n~
the New Yorf~ State Uniform Fire Prevention and Buildinc~ Cod,e,
and the Sanitary Code.
There shall be no more than three (3) apartmencs created or
maintained in any sinc~le buildinc~.
{d} Each apartment, or common hallway servicinc~ two or three
apartments shall have a separate access to the outside o( the
- buildinc~, which must 0e distinct from the access to uses on the
first floor.
parkinc~ space meetin~ the standards Of chis c.].~'cer, co~--enientl~.
lOCated for access to the apartment.
(fl On y :he owner of the buildinc~ in wrtich it is proposed to locate
-- (he apartment(si may apply for this special permit. I~o-~'~rd .o.(
Appealsshall rec~uire that such applicant execute such acjreements,
~f the Town Attorney, the ~oard shall determine to be necessary
Th_e..._a~.oartment, or any proprietary or other interest therein,
wi--Tf not be so~-~o the tenet or ~n~ o~er ~,-~'~ ....
(iii) The apartment ~s properly constructed, maintained an(J
"' ~d, and unapproved~-'~es are exclud~'~-~(~l~; --
(iv) Any other condition deemed reasonable and necessary to
insure the immediate and Ionc~-term success of the apartment
{n helping to meet identified housitl(~ needs in the community
is complied with,
Bed and breakfast enterprises or boardin, g and/or tourist home as
set forth and regulated by Section 100-51B (3) of the Resort Residential
A District.
Co
(6~) Fraternal or social institutional offices or meeting hall.
(7) D rinkinc~ establishments.
(8) Public Garac~e.
(9.~) Funeral Home.
Accessory Uses.
(t~) Accessory uses as set forth in and rec~ulated by Section 100-31C (1)
through (7) of the Agricultural-Conservation District, and subject
to the conditions set forth in Section 100-33 thereof.
(2) Signs as set forth in Section 100-81C (2) of the Limited Business
District.
I3!
Directional or informational signs, not exceedincj two (21 square feet,
which the Planning Board finds to be necessary to facilitate circulation
throughout the district.
Section 100-92. Bulk. area and parkinc~ requirements.
No building or premises shall be used and no buildinq or part thereof shall be
erected or altered in the HB District unless the same conforms with the Bulk
Schedule and Parking ancl Loading Schedules incorporated into this chapter
by reference, with the same force and effect as if such regulations were set
forth herein in full.
Section 700-93. Uses confined to enclosed build~nc~s.
All uses permitted in a HI~ District, including the disDlay and sale of merchandis~
and the storage of all property, except livinc~ plants, shrubs or ~rees, shall
be confined to fully enclosed buildings on the premises.
16.
Article X is repealed and a new Article X is added in its place, to provide as
follows:
ARTICLE X
General Business ( B ) District
Section 100-100. purpose.
The purpose of the General Business (B) District i~ to
prey de for retail and who asa e commer'clal development and limited office and
industrial development outside of the hamlet centra business areas cjenerall¥
alonc~ maior h~hways. It is designed to accommodate uses that benefit from '
larc~e numPers of motorists, that need fairly larc}e parcels of [and, and that
may involve characteristics such as heavy truckinc~ and noise.
Section 100-101. Use rec~ulations.
In the ~1~) District, no buildincj or premises shall be used, and no buildincJ or
part thereof sba be erected or altered which is arrancjed, intended or des~¥,,ed
to be used, in whole or in part, for any uses except the follow n(~:
A. Permitted uses.
Any permitted use set forth in and recjulated by Section 100-3lA (2~
-- and (3) of the Ac}riculture Conservation District.
(2~) Any permitted use set forth in and recjulated by Section 100-91A
to (18) of the Hamtet Business District.
Wholesale businesses, warehouses, and buildincj material storac~e and
-- sale, but excludinc} storac~e of coal, coke, fuet oil, or junk.
Buiidinc. I, electrical and piumPinc~ contractors' businesses or yards,:.
Co d storac~e p ants bak n~l and other food processinc~ and packa(.~inc.;1
-- plants [hat are not offensive, oPnoxious, or detrimental to nei~t~bor;..c.I
uses by reason of dust. smoke, vibration, no,se, odor, or effluent.
[6) Wholesale or rata sale and accessory storac~e and display of c~arden
materials, supp es. and plants, includinc~ nursery operations, provided
that the outdoor storage or dispta¥ of plants and material does not
o~struct pedestrian flow or vehicular traffic and does not occur ,.,ithin
three feet of property
(7) Wholesale/retail beverac~e distribution.
(8) Funeral homes.
($._~1 Train or bus stations.
(10.) Telephone exchanc~es.
B. Uses permitted by special exception b~/ the Board of Appeals. The followinc~
Gses are permitted as a special exception by the Bcerd of_App~lu.as
~ereinafter provided, sul3iect to site plan approval by U,e P~annincj
Board.
(11 An~y_~pecial exception use as set forth in and rec~ulated by Section
--' ~-O-1~-3'JJ~ '~ J' tO (13) of the Ac~riculturaI-Conserva~n Oi~rict~
(2) Hotel or motel uses as set forth in and rec~ulated by Se_c_'tion t00 GIB
-- (q) of the Resort Residential{RR} Oistrict,except that ..inimum [et size
shall be one (1) acre .
(3) Bed and breakfast enterprises or boarding and/or tourist homes
as set forth in and regulated by Section t00-31B (15) of the
~l-Conservation District, except that no site plan approval
Is required.
(~) Tourist camps as regulated by Chapter 88 of the Town Code.
(5) Research desitin or development laboratories, provided that any
manufacturing shall be llmited to prototypes and products for
testinc~.
{6__].) Fully enclosed commercial recreation facilities including, but not
limited to, tennis clubs, skating rin~s, paddle tennis, handbat~'and
sguash facilities, dance hails, billiard parlors, ~3owling alleys, heatth
spas and clubs and uses normally accessory and incidental to commercial
recreation, such as locker rooms, eatinc~ and drinkJnc~ facilities, and
retail sale of (~oods associated with the particular activit~c'
(7) Laundry or dry crooning plant subiect to the foilowin(~ conditions:
(a_._~.~ All processes and storage shatl be carried on within an enclosed
buildinc~,
[b~) All fluids used in processing shall be recycled, and the overall
facility shall be designed, located and operated to protect surfac~
waters and the ~roundwater reservoir from ~oJlution.
Fraternal or ~cial institutional o~fice or meetin~ hall {non-profit).
Fast f~d restaurants, provided that eatin~ on the premises of the
fast f~d restaurant shall be permitte~ only inside the structure or
in areas sp~ificall~ designated and properly maintained outside of
is forty ~hou~nd (~0.000) square ~ee~.
(~0) Drin~in~ establishments.
(11) Automobile
(~]) Public ~ar~ges. ~asoline service stations, new and used motor vehicle
and ~railers an~ boa~ sales, wi~n accessory repair facilities ail sub~ect
~o ~e followin~ ~equ~rements:
(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 (f0l 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) Sale of used vehicles or boats shall be conducted only as accessory
to the sale of new vehicles or boats.
(C) Vehicle lifts or pits, dismantled automobiles, boats and vehictes
and ail parts or supplies shall be located with,~ a
(d__~) All service or repair of motor vehicles, other than such minor
servicing as change of tires or sale pt c~asoline or oil,
conducted in a building.
(el The storage of cjasollne or flammable oils in bulk shall be located
fully underground and not less than
any property line other than the street line.
(f__].) No c)asoline or Cuel bumps or tanks shall be located less than
fi(teen (15) feet from any street or 'Jroperty line.
Outdoor area [ic)htinc~ shall be that c~enerally ~eclulred for
security purposes and shall be restricted to the front one-
th rd (1/3} of the lot depth. All outdoor tlc~htinc~ shall ba
located at a heir)hr of no[ more than fourteen t4 feet aba, ye
c~round level and so directed that illumination should not extend
beyond lot lines.
(hi No c~asoline service or repair shoos or similar businesses are
-- to be located within three hundred (:300) feet of a church.
public school, library, hospital, orphanage or a rest home.
Partial self-service ~asoline se?vice stations, subject to all of the
provisions of Section tQ0-101B (12) herein, and the followin~ additional
requirements:
{a) Each partial se f-service c~asoline facility shall have a qualii~ied
attendant on duty whenever the station is open for business.
It shall be the duty of the qualified attendant to con[roi and
operate both the console re~ulatinc~ the flow of c. lasoline to the
dispensin(.-1 equ pment [hereafter to be operated by the
at the self-service pump island and the dispensinc.! equipment
on lhe Other pump islands.
(b) Gasoline shall at no time be dispensed without the direct
supervision of the c~uatified attendant. A controt shall be
provided which will shut off the flow of c. lasoline to the
ci spensin~ ecru plant at the self-service pumb island .~hene~er
the c~ualihed attendant is absent from the control console for
any reason whatever, includinc. I when he is operatinc.~ the
dispensin(.-1 ecjuipment on the other pump islands.
(c) The console re(~ulatinc~ the flow of (.~asoline to the remote
-- dispensin~ ecju'ipment thereafter operated by the custom:'r at
as to C. live the qualified attendant controllinc~ said console an
unobstructed view of the operation of sad remote dispensinc. I
ec~uipment.
(d) The self-service pump island shall have controls on all bumps
-- t]qat will perm t sa d pumos [o operate only when a dispensln~
nozzle is removed from its bracket on the pump and the sw
for this pump is manually operated.
(el The self-service pump .island shall be protected by an automatic
fire protection system ,n lhe form bi an approved system of
dr,/ powder release which will.act as an automatic fire extinHuisher.
(f) No customer shall be permitted to dispense ~asoline unless he
-- shall possess a valid motor vehicle operator's license.
{C. lJ There shall be no latch-open device on any self-servlce dispensinc~
(141 Private transportation service including garage and maintenance
-- facilities.
[t) Accessory uses set forth in and as rec~ulated by Sectio~ lDO JtC
-- (lJthrouc. lh (8) of the Ac~riculturaI-Conservat~on District, sutJjuct
to the conditions set forth in Section 100-33 thereof.
(2~ Wall sic~ns as set forth and regulated in subsection C (2}(b) of the
-- Lhnited Business District Section I00-81.
{3)
Free-standing or ground signs. Where the building is setback twenty_-
five (25) feet or more from the street, one (I) sign, single or double-
faced not more than twenty-four (24) square feet, the lower edc. te of
which shall be not less t~n four (Ii) feet above the ground unless
attached to a wall or fence and the upper edge of whJcll shall not extend
more than fifteen (15) fee[ above the ground shall be permitted, which
sic~n shall be set back not less than fifteen (15) feet from all street and
property lines and shall advertise only the business conducted on the
premises. As used in this subsection, the word "premises" shall mean
all conti~luous property in common ownership,
{4) Open storage of materials or equipment provided that such storage shall
-- be (1) at least 25 feet from any 10~ line 2 not be more than six feet
high, and!(3) be suitably screened by a solid fence or other suitabl--~'
means of at least six feet in heic~t.
Section 100-102.BIJI~.,orea and parki*g requirements..
No buildinc~ or premises shall be used and no building or part thereof shall
be erected or altered in theTE~District unless the same-~onforms with
Bulk Schedule and Parkin9 and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if such regulation
were set forth herein in full.
17. Article Xl is repealed and a new Article Xl is added in its place to provide
es follows:
ARTICLE Xl
Marine I (MI) District
Section 100-110. Purpose..
T~=;iat~c~ ;~ses which are those uses
d~ocation in ma~ne
r ulre or benefit from direct acce . . ,~ ~' al creeks
Section 100-111. Use Rec]ulations.
~cted or altered whic~h
~~hole or ~-~
A. Permitted uses._
(1) One (1) One-family detached dwellinq per sincjle and
-- separate lot of record in existence ~,s of the date
adoption of this local law.
(2) Marinas for the dock nc], moor nc] and accommodation
of~ recreational or commercial boats, ~ncludln.q the sale
of fuel and oil primarily for the use of boats
accommodated in such marinas.
(3) Boat docks, slips, p ers or wharves for pleasure or
-- fishinc.~ trips or for vessels enc]ac]ed in fishery p.,
shellfishery.
(4) Boat yard for buildinc], storinc] repairing1, renting_,
~ellinq or servicinc] boats which may ~nclude. the~
~vide~, r ~s t r_oon~
overnic]ht patrons.
___5) Boat and marine enc]ine re_u~air and sales arid_display.,
~cht broker, marine insurance broker.
[6) Bu Idin,c]s structures and uses owned o~ operated by ~he Town of 5outhold, School Districts, Park District';
~nd Fire Districts.
.__7} Retail sale or rental of fishinC~, divinc], bathincj
~oplies and equipment if accessory to marina or bo~.~
~ard of ships loft or chandler'/~.
~ mitted by soecial exception by ~he~Board o{
B. Uses per - ,,&...,~'-- -=~s are ~ermitt~__ as a s~eclal
eA~xcPeel~iSon bTyheth;°'~uor~';;Wof~peals, ;s herema~fte.ripr°vtded'
~ubj;ct to site plan approval by the Planmn~
each Club, yacht club or boa~ C,.U_b~in~c.~]~irlc..1 uses
(1) Beach t~tuc~, .~_,,_t h as swimmin ools, tennis
courts, and racquetb ·
(2~) Mariculture or aquaculture operations or researd3 and
~ev~e[opm e nt~.
-46-
C. Accessory uses, limited to the followinc~:
Accessory uses as set forth in and re.qulated by
Section 100-31C (I) throucJh (7) of the
A~riculturaI-Conservation District, and subject to the
conditions of Section 100-33 thereof.
(2.~) SicJns, as set forth in and recjulated by Section
100-81C (2) of Limited Business District.
Section t00-112. Bulk, area and parkin~ re~uirements.
No buildin~ shall be used and no building or part thereof shall
be erected or altered in the MI district unless the same conforms
with the Bulk Schedule and Parking and Loadincj Schedules
incorporated into this chapter, by reference, with the same force
and effect if such recJulations were set forth herein in full.
17A. Article XII {Board of Appeals) is renumbered Article XXVII a.~d a .iww Article
XII is added in its place, to provide as follows:
Marine Il (Mil) District_
Section 100-120. Purpose.
To provide a waterfront location for a wide range of water
dependent and water related us~ which are those uses whi~-~
require or benefit from direct'ac'~cess to, or location in marine oL
on m ajo. r.
tidal waters and which in .general are located
waterways, open bayfronts or th~ Lonc/ Island Sound.
Section 100-121. Use Re.c/ulations.
n an Mil District, no buildinq or premises shall be used and n~
buildincJ or part of a buildin~ shal be erected or altered which
is arran.tied intended or des~.cJned to .,be ~sed, !n whole or ,.~,
~' ...... s-s exceat the fohowln~ [one use pe~.
Water, unless otherwise sp ' ):
^._~. Permitted uses.
One {1) One-family detached dwellin,q per sin,~le and
separate lot of record in existence as of the date of
adoption of this local law.
{2) Mar nas for the docking, moorin,q and accommodation
-- of recreational or commercial boa{s, includin.c/ the sal~
of fuel and oil primarily for the use 'of boat~
accommodated in such marina.
(3) Boat docks, slips, piers or wharves for charter boats
carryinq passencjers on excursions, pleasure c~...
fishin,q' trips or for vessels enclaqed in fishery o,'
shellfishery.
(tl) Beach club, yacht club or boat club ncludin~ use~
-- accessory to them such as sw mmin.q pools, tennis
courts, raquetball facilities.
Boat yard for bu Idin~ storing, repairin.g, renting,
(5) ~ . · ' 'ch ma i'nc ude the
sellin or servicing boats whl y .
follo~vqin,q as an accessory use: office for the sale u~
~arine equipment or products, dockside facilities fo,
~i~pensin~ of fuel and where pumpout stations a~
~6viUed,' restroom and laundry facilities to ser,;~
?vernight patrons.
(6.~} Mariculture or aquaculture operations or research and
~velopment ·
____7) Boat and marine en.~line repair and sales and display.,
~acht broker, marine insurance broker.
(_~8) Buildings, structures and uses owned or operated by
~he Town of Southold, School Districts, Park Distric[.
and Fire Districts.
__.9) Retail sale of rental of fishing divinc, t, bathincj.
~uuppI es and equipment i~'~-accessory to marine or boat
yard of ships loft or chandlery.
-48-
Uses permitted by special exception by the Board of
Appeals. The followinq uses are permitted as a special
exception by the Board of Appeals, as hereinafter
provided, subiect to site plan approval by the Planninq
Board.
(1.~.) Restaurants excludin~ outdoor counter service,
drive-ins or curb service establishments. Such
prohibition shall not prevent service at tables on a
covered or uncovered terrace or porch incidental to a
restaurant.
(2) Ferry terminal.
(3__~.) Transient hotels or motels subiect to the followin~
conditions:
(a.__~.} The minimum area for such use shall be not [ess
than three (3) acres.
[bi
The number of cJuest rooms permitted in the
hotel or motel shall be determined by, (1) the
proportion of the site utilized for such use. and
{2} the availability of public water and sewer.
The maximum number of quest units shall be one
(1) unit per four thousand (q, OOO} square feet
of land with public water and sewer.
[q} Fish processinq plant.
(5._.~) Fish market which may include a combination of
wholesale and retail sale of finfish and shellfish.
[6__].) Museum with nautical theme or art 9allery.
Accessory uses, limited to the followinq:
Accessory uses as set forth in and requlated by
Section 100-31C (1} thoru~h (7) of the
A~ricuJtural-Conservation District, and subiect to the
conditions of Section 100-33 thereof.
(2_~.) Sic~ns, as set forth in and arecjulated by Section
100-81C (2) of Umited Business District.
Section 100-122. Bulk, area and parkinc~ requirements.
No buildlnc} shall be used and no buildincj or part thereof shall
be erected or altered in the ~411 district unless the sam~
conforms with the Bulk Schedule and Parkinc~ and Loadincl
Schedules incorporated into this chapter, by reference, with th~
same force and effect if such regulations were set forth herein
in full.
18.
Article Xlll is repealed an a new Article Xlll ;s added in its place, to provide
as follows:
ARTICLE XIII
Lic~lht Industrial park/Planned Office Park (t. IO) Distr[ct
Section 100-130, Purpose.
The purpose of the LJc~ht industrial Park/Planned Office Park {LID) District
|~to prov deopportunit¥ for the location of business and professional offic,
research facil t es ndustrial uses and similar activities in an open, campus-
like settin~ in areas which are not appropriate for ~v....~erciat ac. tivit¥ or Iow
density residentia development, in this area such uses can be established
an attractive environment and serve both as a means of preserv nc~ the open
qualities of an area and providinc~ an area, adiacent to hamlet areas who. re ~Jch
uses can be appropriately developed with suitable protecuon for c. lrouno and
surface waters. All uses must conform to Suffolk County Health Department,
standards.
Section I00-131. Use recalulatlons-
n a LID District, no buildinc. I or premises shall be used, and no buildinc~ or,
dart of a buildnc~ shatl be erected or altered which is arranc~ed, intended
[~esic~ned to be used. in whole or in part, for any purpose except the following:
A. Permitted uses.
I. Any perm tted uses set forth in, and as reC. lulated by Section 100-
-- 31A (21 and (3) of the Ac~ricultural-Conservation Distr ct.
2. Any permitted uses set forth in and as rec~ulated by Section 100-101A
-- (~) to (5} of the General Business District.
3. Office buildincjs for businesses, c~overnmental, and professional uses.
-- includinc~ administrative traininc~, da[a processinc.~, publication.
financial and sales offices.
Telephone exchanges.
5. Buildings, structures and uses owned or operated by the Town of
-- $outhoid, School Districts. Park Districts and Fire Districts.
Uses permitted by specal exception of theBoard of Appeals. The following
provided, suP~ect to s~te plan app y ¥ '
(1) Any special exception use set forth in and as regulated by Section
-- ~00-101 B (5), (7) and (10) of the General Business District.
Ij_L
LicJht ndustrial uses invo v nc~ the fabrication, reshapinc~, reworkinc~,
assemb y or comhinincj of products from previously prepared materials
and which do not involve the synthesis of chemical or chemical prodb,.ts
other than for pharmaceutical or research purposes or the processinc~
ma~y intrude ndustrial operations such as electronic, rnach~n_~e parts
~1 small component assemb
o-~'~i~)~(~ su--'ch as automobile-assembly ,r rnii~l~ aE[i~ti-~s-~d will
be sub~.t to [he fotlowinc~ conditions:
(al No such process or operation shah involve [he han~dlinc~. 5tor~cJe
P , . P .___, Y
~f animals or humans.
-50-
(b~) No offensive noises, c~ases, fumes, smoke, odors, dust.
effluent or vibrations shall emunate from such use and no
waste products shall be discharged therefrom of a character
to create a nuisance or to be iniurious to health or to negatlvely
impact groundwater.
(c) Such processes shall involve the use of only oil, gas or electricity
for fuel.
Conference facilities subject to the fo)lowing conditions:
fa) Where rooms are provided for conference attendees, they should
be permitted at the same number per acre as hotel/motel c~uest
units set forth in and reeducated by Section 100-61B (G) of the
Resort Residential
Public utility structures and uses.
(51 Printing or publishlng plants.
[6_.~) Truck or bus terminals (c,~arages, parking facilities, loading docks,
etc.
(7) Food processing and packaginc~ plants (not including fish processinq
plants).
[8) Wholesale and retail sales and repair of boats and marine items.
(9) Boat building; boat servicing; boat storage facilities.
(10) Restaurants.
(11) Sauerkraut manufacturing plant.
(12) Basic Utility S[age [I airport, suPiect to the following condition:
(al Minimum parcel size shatl be 100 acres.
(1:3) Bed and Breakfast uses as set forth in and as rec~ulated by Section
I00-31B(15). provided that no s~te olan approval is required.
Accessory uses:
(1) Accessory uses on the same lot with and customarily i~cidental :o
any permitted or special exception use and not invoivinc~ a sedan-ate
(2) Wall sign__sas set forth in and rec~utated by Section 100-81C
of the Limited Business District, limited to a maximum size of thirty
(30) square feet in area.
(3__~) Freestanding or ground signs as set forth in and regulated by Section
100-101C {3) of the General Business District.
(~) Fully enclosed storage facilities incident)al to the prif~cipal use.
(5) Open storage as set forth in and regulated by Section 100-101C (~)
of the General Business District.
(6~) Indoor and outdoor recreation facilities for the exclusive use of
(7) In-service training schools for employees of the principa~l use..
(8__~) Pri~vate garages for the storage and service of motor vehicles owned
thereof, or visitors thereto, including the sale of them, but no'~-to
the public generally of gasoline, oil and minor accessories.
(9) Central heat nc~ and power plants accessory to the principal use and
· ' the service of all structures on the 'p~mlses.
(1,0.), Maintenance and utility shops incidental to the principal use.
(11) Off street parking and Ioadiz~c~. Said areas shall not be nearer than
[r~ft¥ {50 teat to any lot line or street, and if ~enerall¥ adiacent to
any street or any residence district, shall be suitable screened by
a landscaped strip of at least ten (I0) feet in width.
Section 100-132. Bulk, area and parl¢in~ rec~uirements.
No bu din(J or premises shall be used and no buildin~J or part thereof
shall be erected or altered in the L[O Lic~ht Industrial Park/Planned
Office Park District unless the same conforms with the Bulk Schedule and
Parkinc. I and LoadincJ Schedules incorporated into this chapter by reference,
with the same [orca and effect as if such recJulations were set forth herein
in full.
19. A~'ticle XIV (Administration and Enforcement) is renumbered Article XXVIII
and a new Article XlV is added in its place, to provide as follows:
ARTICLE XlV
Lic~ht Industrial (LI) District
Section 10a-lq0. Purpose.
The purpose of the L[c~ht Office (LI) District is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for the
LID Lic~ht Industrial ParkJPlanned Office Park District.
Section 100-1ql. Use regulations.
In a LI District. no buildlng or premises shall be used, and no buJldinc. I or part
of a buildinc~ shall be erected or altered which is arranc~ed, intended or desicjned
to be used. in whole or in part, for any purpose except the following:
A. Permitted uses.
Any permitted uses set forth in, and as rec~ulated by Section 100-
31A (2) and (3) of the A(~riculturaI-Conservation District.
Any permitted uses set forth in and as regulated by Section 100-13tA
(2) to (5) of the Light Industrial ParkJPlanned Office Park District
Uses permitted by special exception of the Board of Appeals. The followinq
uses are permitted as a special exception by the ~oard of A~oeals,as hereinafter
provided and subject to site plan approval by the Planning Board.
Any sbecial exception use set forth in and as regulated by Section
100-131B (1) to (11) of the Light industrial Park/Planned Office Park
District.
Bed and Breakfast uses as set forth in and as rec. lulated by Section
100-31B[15), provided that no site plan approval is required.
Acces_sor_~. uses on the same lot with and customarily incidental to
an~f_~.permitted or special exception use and not ~nvotvinq a separate
Wall sicJns as set forth in and as regulated by Section 100-81C
of the Limited Business District. limited to a maximum of thirty
square feet in area.
Freestanding or ground signs as set forth in and as regulated by
Section 100-I01 C (3) o~'~e General Business District.
Accessory uses as set forth in and as regulated by Section 100-131(-
(3) and (7) through (10) of the LJgilt Inc~ustrial Park/Planned OfficP
Park District.
wi-~h~h~u~ ~le and Parking and Loa~i'~g-Sc-~:-f~'~'~-edu~-e-~;'n-~-o;-~'~:~-t~J-'in¢o
th--'T~-~'b~'--~'~'_ence, with the same force
~ set~ h~:
-53-
20.
Article ×V (Amendments) is renumbered Article XXIX, and a new Article
XV is added in its place to provide as follows:
ARTICLE XV
Density. Minimum Lot Size
and Bulk Schedules
Section t00-150., Existinc~ Bulk and Parkin(~ Schedule
The existinq "Bulk and ParkJnq Schedule" incorporated into this chapter
by referenc'~ s hereby repealed, and the Density, Minimum Lot Size, and
Bulk Schedules hereinafter set forth are subst tuted in place thereof.
Section 100-$51. Density, Minimum Lot Size, and Bulk Schedules.
Except as otherwise provided in th s chapter no buildin~ or premises shall
be used or occupied and no buildin~ or structure or part thereof she be
erected or altered in a use district unless the same conforms with the
and Minimum Lot Size Scheciutes and the t~ulk Schedules hereinafter set
forth,
-54-
-56-
to be Article XVlll,
Cluster Development.
Section $00-180. ~urpose.
The urpos~e, of, thi, s r~o_vjs!o~n~ is to ~nd inova~ion in ,h~ ~
~~n~j ~ther, t~ ap>icaLion of
the cluster development t~hni~ue is tn&ended to achieve:
A, Maximum reasonable conservation of land and protection of groundwater suppl~.
and ~roufldwa&er recharge areas.
Preservation of a~ricultural activity b~ encoura(~inq retention of large continuous
areas of a~ricul~ural use.
C. Variety in wpe and cost of residential development, thus increasin~ the choice
~f housin~ ~ypes available to Town residents.
Preservalion of trees and outstandin~ natural fee[utes, preven(ion of soil
erosion, creation of usable ope~ space and recrealien areas and ~reserva[ion
&f scenic ~uali[ies o~ open space.
E. A shorter network of streets and utilities and more e~ficien[ use ot ener~
-- than woutd ~e ~ossible through strict application of standard zoning.
Section 100-181. Applicability.
lots of ten {~0) or more acres in the A~ricultural Conservation, the R-
A. O~0 ~,C~e~%~ Oensit Residentlal~, R-10~ and R-
~00 Districts, clusterin~~' su~ to the ~ollowin~c~n~[i~ns:
The residential use will be single family de~ached hpmes for Io~ size5
of 30.00G square feet or lar~er; and de~ach~ or attached houses
Io[ sizes less than 30,000 square leer.
The density o~ these h~mes will bo as specified in the particular district
and determined as indicated in suDs~ctlo~ C beiow.
The minimum lot ~ize shah be:
-- R-~0, R-i~0, R-J00 and R-~00 Districts. c[usterin~ is permittea and may
procedure.
An appIca~o~t for cluster development snail include a map or maps showin9
the P ann n~ Board together wit~ a map which shall be prepared for
C~ns dera[ion as a standard 5uDdivis;on conformin9 to
may be p~e~ared tot any contiguously owned holdings, whetl~
the areser)arated by an existing stree~ offerin9 direct accuss to such
- '~ : -'1 other cases, the ho'dinQs shall be consid~'red as separate
parcels.
-59-
(3) In a cluster development, lot area. width, depth, front yard.
rear yard and side yards may be reduced to less than the minimum
requirements set forth in the Bulk Schedule, provided that such
modification or changes shall not result in a c~reater average
density or coverage of dwelling units than ~s permitted in the
zoning district wherein the land lies.
D. The area of a cluster develooment shall be in single ownership or under
-- ~"~i fled control.
Prior to the issuance of a buildinc} permit in a cluster development, a site
plan shall be submitted to and approved by the Planninc~ Board id accordance
with Article XXV of [~qis chapter and the followincj conditions:
(I--) Said site plan shatl include areas within which structures may be
located, the heic~ht and spacincj of buildinc}s, the location of open
spaces and their landscaping, off-street open and enclosed (if an~,)
parking spaces, and streets, trails, site easements and recreation
facilities, driveways and any other physical feature5 relevant to the
proposed plan and .determined to be necessary by the Planninc~ Board.
(2)
Said site plan shall include a statement setting forth the nature of
ail proposed modifications of existing zomn~ provisions.
Nothing contained in this chapter shall relieve the owner or his accent or
the developer of a proposed cluster development from receiving final plat
approval in accordance with the Town subdivision regulations. In aoorovinc~
the final plat for a cluster develoL3ment, the Planning Board may modify
meets all other requirements of the Town sul3divislon regulations.
Common Areas.
The Planning Board shall establish such conditions on the ownership,
use, and maintenance of common areas, inciudinc~ open space, as it
intended purpose. Common areas and/or open space may either Pe
A cluster development shall be orc~anized as one of the followinq: a
condominium corporation: a Homes or a Homeowners Association
approved by the Federal Housin~ Administration for mortqa~e
Homes Association _approved by the Town Attorney and Towel Board;
Board as satisfying the intent of :his cnaoter. Whenever a Homes
Association is proposed, the Town 8pard shall retain the right to
each lot owner, and an_y.~ owner acco.-din~ to the deed
to each unit. is auton~a~l~er, and eact~Z~t is automaticully
s~ubiect to a chortle for a proporti(~nate share of the ~xpenses
-60-
for he ort~anization's activit ~ includin~l real ~roperty taxers
Each lot shall be subiect to a lien in the event of .non-paymun[.
Title to all common property shall be placed in the Homes
that it automatical~ will be so placed within a reasonable~eriod
Of time.
and shall have the ric~ht to the use and enioyment of the common
property.
Once established and title to the common land is conveyed to
o--'~'~'~-~'~mon land and faclht~s shall I~e w~th tll~ Hom~s Assoc~al~on.
(e_~.)
Dedication of all common areas shall be recorded directly on the
J'J"~l plat, and/or ~y reference on ~hat plat [o a dedication in
a separately recorded document. ResuOdivision of such areas
[~ prohibited. The dedication shall:
{1) Save the title to the common property to the Homes Association
-- ~ee of any cloud of implied public ~edica[ion.
(2) Commit the developer to convey the areas [o the Homes
~ssocia[[on at an approved tim~.
[3) Grant easement of enjoyment over the area to the Io[ owners,
~uD~t ~o restrictions as shall b~ ~mposed by recorded
G~v~ [o the Homes Association the right to borrow for
H. Covenants shall be established, limitin~ all lots to one-family use and all
-- c~mon lands to open space uses approved by the Town ~oard. NO
o'r~ove~ant sn~,~'~fica--'~r-~'n~'bit any d~v~lop,nent
~en sFace or aqri~uit~ral use on the specifieQ open ta,~d
b~i{e developer to th~ Hom~s Associ~ion.
-61-
Prior to plat approval, the develooer shall file a performance bond
~'Tth the Town Board to ensure the proper installation o[ all re¢l~ed
the form, sufficiency, manner of execution and sufficiency of the surety
shall be approved by the Town Board and the Town Attorney/.
The certificate of incorporation of the or(3anization and its by-laws
shall contain the fol[owin? provisions and notice of said provisions
shall be specifically given in any brochure or prospectus issued by
the developer, namely:
That such organization is established to own and maintain common
open space or common etements and that if such orc~anization,
or any successor organization, shall at any time after title to
such common land and other common elements is conveyed to it
shall fait to maintain the common open space and other common
elements in reasonable order and condition in accordance with
the plan proposed, the Town Board may cause a written notice
to be served by certified mail upon such or(.3anization, at its
address as shown upon the last comoleted town assessment roll,
or in the same manner upon the owners of the lots in such
subdivision at their address as shown uoon the last completed
assessment roll, which such notic~ shall' set forth (a) the
particulars in which the common open space and other common
condition; (b) a demand that such deficiencies in maintenance
shall be remedied within thirty (30) days from the date of such
notice: (c) that upon the failure to r~med¥ such default in
maintenance, within the t~me spec:fled, that the Town Board will
hold a hearinc~ upon the matter uoon not less than five {5) days'
notice in writincj sent by certified mail to such orc~anization or
to such lot owners; (o) that after such hearinc~, the Town
Board may take such action as it deems abpropriate to provide
elements, and that any and all costs and exbenses incurred by
the Town for such purposes may be assessed upon ail of the lots
the same time as real property taxes are collected in the Town
of $outhold.
The Town Board, in order to insure that the open space will be used
common open spac~ lands.
-62-
22.
Chapter 100 is amended by adding a new Article thereto, to be Article XIX,
to provide as follows:
ARTICLE XIX
Parkin9 and Loading Area
Suction 100-190. Purpose.
Rec. lulatons for off-street parkin9 and truck Ioadinc.] areas are imposed in order
to minimize traffic conc. lestion, air pollution, the r sk of motor vehicle and ped~..,trian
accidents, and to address aesthetic considerations.
Section 100-191. Off-street parkinc~ areas.
Off-street parkinc~ spaces, open or enclosed, are permitted accessory to
use specified below. Any land which is developed as a unit under sinc~le ownership
and control shall de considered a s~nc. lle lot for the purpose of these parkin9
recjulations. Reasonat:) e and aopropriate off-street parkincj rec~uirem~nts fo,'
structures and uses whch de not fall w thin the catecjories listeol below shall
be determined by the Panninc~ Board upon consd~retion of all factors enterin9
into the park n~ needs of eacl~ use. For those uses not specified in the schedule.
there shall be a periodic monito~incj of off-street parkincJ conditions to insure
that the purpose of this artcle is satisfied. In acic~ition, the Plannincj Board
may waive e I or a port on of these rec~u rements will, in the Hamlet Business
District where it shall find that municipal parking fac ities within three ~Jndred
~3001 feet of the proposed use will ad~uately serve the proposed use.
-63-
TYPE OF USE
REQUIRED NUMBER OF PARKING SPACES
Accessory apartment in existing
one-family dwelling
Antique shop, auction gallery, arts
and crafts shop and workshop
Auditorium, meetinc~ hall
Automobile raundr¥
Bank
Beach club or swim c~ub
Bed and breakfast enterprise
Boarding house, tourist house
Boat and marine engine repair and
and sales, if separate from marina
Boatyard. including boat sales and
Bowling Lane
Building, electrical or dlumbing
Cold storage plant
College
O rinking establishments
silellfish.
Food processing and packaginc~l,
'i_-~_c._l-.udi___ng fish processing
One per accessory apartment in addition
to two for one family dwelling.
One per 250 square feet of sales area.
One per apartment in addition to business
requirements.
One per 50 SClUar.e feet of seatinc, t area,
but not less than one per four seats where
provided.
One per employee plus a ten space queuing
line area for each laundry bay.
Ten spaces or one space for each 100 square
feet of ~ro~s floor area or three spaces per
teller, whichever is greatest plus a five
s{)ace queuing area for each drive-in teller.
Two spaces per three members.
One space Der guest room in addition to
residential rec~uiremen ts.
One space Der c~uest room in addition to
residential requirements.
One space per 250 square feet of c~ross floor
area.
Sales and rental portion, three spaces, in
addition to marina requirements.
At least four spaces perlane.
One s~3ace for each employee plus two spaces.
of gross floor area.
.5 spaces per student plus .75 space per
staff member.
One space per four seats in the largest assembly
One space per three seats or one space per
100 square feet of floor space, whichever
~-s c]reater.
500 square feet of gross floo,~-~, wt~ever
is ~reater,
-6q-
Fraternal or social office or meeting
hall
Funeral home
Gasoline service station, partial,
self-serwce
Gasoline service station with minor
indoor repair facility
Greenhouse, Floral shob, flower shop,
nursery, or similar Facilities either
enclosed or unenclosed.
Home occupation, including home
professional office, except physician
Or dentist
Hospital
Hotet, motel, resort and transient
Inservice training facilities for
omployees
Laundry plant, dry cleaning plant
Laundromat
Library, museum, art c~allery
Lic~ht industrial uses
MaricultureJaquacul lure business
Marina.
Membership club, country club;
club or c~olf course public, tenn.~
club
Motor vehicle, mobile home sales room
or outdOOr sales lot including
rental of equipment
Multil:>le dwellinc~ (three or more
'f~l~ies)
See office.
One space for each three seats provided
herein or one space for each100 square feet
of space available for public use, whichever
is greater with a minimum of 25 spaces.
Three space queuinc. I area for each pump
plus one space for each employee.
Same as (~asoline service station above plus
two for each bay.
One space per employee plus 'three space-~
or one space per 200 square feet of salesand/or
dismay area whichever is c~reater.
Three spaces per home occupation plus two
spaces required for single family resident=.
One space for each bed.
One space for each c~uest room and one For
each employee or one space per c~uest
room, whichever is c. lreater, plus acce=sory
use parking as rec[u~red.
See conference facilities.
One per employee plus one ~er 200 square
feet o~ customer service ar~.a.
· 75 per washing machine.
See auditorium.
One per embloyee or one per 500 square
feet of floor area. whichever ~5 c~reater.
See lic~ht industrial.
One space per boat slip, moormc~, dock
space or similar unit of capacity, plus o.e
space per employee.
At least one for each two members or accommoda-
tions (such as Jockers), whichever ~5 greater.
plus one for each employee.
One per each 600 square feet of showroom
Studio
T'l~ud room
per dw~llin, u~l~t
per dweil,nc~ un~
per dwcllin_~l, un.t; .25
bedroom in excess of ~'
-65-
Nursin~l home, proprietary rest home
Office: business c~overnmental and
professional except physicians or
dentists._:..
Office: for physician or dentist
One-family detached dwellinc~
Personal service shop: barbershop.
beauty parlor
Philanthropic. eleemosynary or
relic~ious institution
Place of worship
Printinc. I or publishincJ plant
Professional studio, travel ac. lency
Recreational facility, fully enclosed.
commercial
Repair garage
Repair shop for household, business,
or personal appliances
Research desiqn or development
laboratory
Restaurant, drive-in, curb service
or fast food
Restaurant (except drive-in)
Retail sale or rental of fishincj, diving
or bathin~l supplies or equipment;
ship's loft or chandlery
Retail shop or store (other than those
listed herein)
Roadside farm stand
School, eleme'n tary
School secondary
Shop for custom work and for makinq
articles to be sold at retail on the
prentises,
One for each bed.
One per 100 square feet of office floor area.
Five spaces per physician or dentist,
Two spaces per dwetlinc, l.
2.5 spaces per service chair.
One space per bed.
See auditorium.
See lic~ht industrial.
See office.
One space for each 300 square feet of gross
floor area except: court sports--five spaces
per court--and rink sports--one space per
200 square feet of rink area.
Four spaces per bay plus one space per
employee.
One space per 200 square feet of customer
service area,
See light industrial.
One space Der two seats or one space per
50 square f~et of Hoot space, whichever
is 9reater.
One space per three seats or one space per
is ¢~rea re,'.
If separate use, see retail shop; if accessory
spaces in acJdition to primary use.
At least one per 200 square feet of ~ross
floor area.
Minimum of four spaces per stand.
Two spaces per classroom plus auditorium
requiremer · .--
$ torat~e yard
Theater or cinema, other than outdoor
Tourist camp.
Townhouse
Two-family detached dwellinc~,
Veterinarian and animal hospital
Warehouse or storac~e buildincJ,
Wholesale business, includinc~ lumber
and other buildincJ products
Wholesaielretaii beverac~e distribution
One space per employee plus four spaces
or one space for each 5,000 square feet
of storac~e area, whichever is c~reater.
See auditorium..
One space for each accommodation plus one
space for each employee plus three spaces,
for visitors.
See multiple dwetlinc~ unit.
Three spaces per dwellin.q.
Two spaces per emoioyee or one space per
200 feet o( gross floor area, whichever ~s
c~reater.
One per 1,000 square feet of c~ross floor
area.
One per 1,000 square feet of c~ross floor
area.,
One space per 150 square feet of cjross floor
Wholesale/retail nursery and/or sale
of plant~
One space for each ZOO square feet of c~ross
floor area for retail use or one space for
eacrt emoIoyee plus three spaces for wholesale
use with minimum of four spaces._~.
Yacht club
- 67-
Areas computed as parkincJ spaces. Areas which may be computed as open or
enclosed off-street parking_spaces include any private c~ara~e, caroort or other
area available for parking, other than a street or a driveway. However, a
drivewa~ within a re~uired front yard for a one-famil~ or two-famil~ residence
may count as one parkin~ space.
C. Size of spaces. Three hundred and fifty (350) s~uare feet shall be considered
one parkin~ space (to provide room f~r standin~ area and aisles for maneuvering}.
Aisles between ~ows of parkin~ soaces shatl be not less than twent~-[wo (22}
feel wide, unless ~educed for sixty (60) de~ee an~le parking, in w~ic~ case
the aisle s~ace should be not less than sixteen (~6) feet wide. Entrance and
exit lanes shall not be comDuted as parkin~ space exceot for driveways for one-
family and two-~amily residences. The minimum parkin~ stall width shall be
nine (9} feet and the minimum length shall be nineteen (19) feet.
O. Access. Unobstructed access to and from a street shall be provided. Such
access shall consist o~ at least one ti) fifteen (15) f~t lane for parkin~ areas
with ~re than four (al spaces but less than twenty (201 spaces, and at least
two (2~ t~ (10~ ~t lanes for parkin9 areas with twenty (201 spaces or more.
No entrance or exit for any off-street parkin9 area shall be located within fifty
(501 f~[ o[ an~ street intersection, nor exceed a 9fade o~ six (6) percent
within twenty-five (25) f~t of any street line nor ten {10) percent at any
other point. All points of in~ress or e~ress shall be appropriately si~ned,
unless suc~ si~nin~ is considered unnecessar~ ~ the Planninc] ~oard.
E. Drainage and surfacing. All open parkin9 areas shall be property drained
within the premises and all such areas shall be ~rovided with a dustless
surface, except for parkin9 spaces accessory to a one-famil~ or two-family
residence. Curbs. pavin~, sidewalks an~ drainage facilities snail comoly with
standards established in Town ordinances, ~eautations or sDecifications and shall b,
or his a~en[.
Joint la.titles. R~uired parkin~ spaces, open or enclosed, ma~ be provide~
in spaces designed to serve oinU~ two or more establishments, whether or not
located on the same ot, provided that the number of required spaces in such
joint facilities shall be not ~ess than t~e total require~ for ali such establishments.
G~ Combined spaces. When any lot contains two (2) or more uses havinc~ different
parkin~ r~ulrements, the parkin~ requiremet~ts for each use shail a~ply
more such uses will be ~enera[in~ a demand for parkin~ spaces primarily durin~
Board ma~ reduce the tota~ ~arkin~ spaces required for that use with the least
requirement.
H. Location and ownership. Required accessory parkin~ soaces, open or enclosed,
shall be prowded upon the same lot as the use to which they are acces~r~ or
eis~here, provided that all spaces therein are located with two hundred (20~)
feet walkin~ distance of such lot. In all cases, such parking spaces shall
co. lorn to all the re~utations of the district in wilich parkin~ spaces are
district unless the use to w~ich :he spaces are accessor~ is permltte~ ~n such
residence district or u~n approval b~ the Boar~ o~ Appeals. ~'Uch spaces shall
-68-
spaces on such a lot may be located without regard to district lines, provided
that no such parking spaces shall be Jocated 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 recJulations in multiple-dwelling or attached-dwellincj developments.
(1.) Wherever space is provided for the parking of five or more vehicles
in t'he open, such spaces shall be individually identified by means
of pavement markinc, ts..
(2.) No parkinc. I space shall be tocated in any front yard nor within ten
feet of any lot line in side or rear yards.
(3.) The parkinC~l of motor vehicles is prohibited within fifteen (15) feet
-- of any wall or portion ther~f of a two or more family dwelling, whic~
wall contains windows (other than bathroom or kitchen win~ows) with
a sill height of less than eight (8) feet above the level of the said
parkin~ space.
(~.) No service of an~ kind shall be permitted to ~e extended to users
~ ~f the tot, includin~ automnhiie service, repair or fueling, and nu
ga~tine, oil, ~rease or ether supplies shall be stored or sold in
such lot or in any qarage on such lot.
[5.) Park n~ areas shah be screened by a substantial wall. fence or thick
-- h~e, approved ~ the Plannin~ Board. Generally, suc~ screenin~
shall not be less than four (q) feet nor more than eight (~ feet in
height.
K~ R~uiations ~or parkin~ spaces adjacent to lots in any residence district.
Wherever a parking area of over five spaces abuts or is within fifteen
(15) feet of the side or rear lot line of a Io[ in an~ ~esidence district.
the said parkin~ tot s~all be screened from such adjoining lot by
substantial wall, fence or thick hedge, approved by the planning,
B~rd. Generally. such screen shall be not less than four (q) f_at
nor ~re t~n eight (8} feet in height.
Whenever a parkin~ area of over five (5) spaces is located across
the street from other land in any FesiQeflce district, it shall be screened
from the view of such land b~ a thick hedge, wall or fence, approved
by the Plannin~ Board. Io~[eO alon~ a line drawn paraltet to the
street and a distance of twenty (201 feet therefrom such screenin~
to ~e interrupte~ on y at points of in~ress an~ e~ress. General,
no such screenin~ shall be less than four (~) feet nor more L~,a~
(61 feet n height. The open area between such screenin9 and the
~treet shall ~e andscaped in harmony with the landscapinq prevailin~
same street. Two (2
on neiqhboring p;-operties frontin~ on the
~dentification and directional signs located on the street side of such
scr~nin~ shall be permitt~; however, the~ stroll ~ot exceed an area
of three (3) ~uare feet each.
L. Dr v~. No drivewa~haH provide access to a lot located in another
~r sp~ial ~xceplion uses b~ up t~[ hundred f~ly { 150'~)j~'cu~l[
N. Traffic storage. All uses shall p_rovide sufficient space on the same lot
-- so that any storage lanes for trak'fit will be provided for and will not
obstruct traffic or utilize public rights-of-way.
O. Illumination. Off-street parkin~ areas should be adecluatelY illuminated
-- for convenience and safety, but no lighting for parking areas skal~cause
lare on adioinin ro ~erties.
P...L' Connections between abutting parking areas. Where appropriate, the
Planning Board may require paved connections between abutting parking
areas in different owne*'ships, so as to facilitate the flow of traff c.
Supplemental regulatipns for private garages and off-street parking areas
in residence districts.
(1.) Commercial vehicles.
(a..~.)
One commercial vehicle not exceeding twenty-five (25) feet in
length may be parked on an occupied lot in any residence district,
b~J"t not within the required yards of such lot and Jn no case
between the street line or side linesandthe principal building.
One commercial vehicle not exceeding twenty-five (25) feet in
length may be parked within a private garage in any residence
district.
(c.) Commercial farm vehicles are permitted as accessory to a commercial
-- farm use in any residence district.
Trailers and recreation vehicles. The storage or parking and use
of a travel trailer or a recreation vehicle by any person or persons,
except as hereinafter provided, is prohibited in all residential districts,
except tl~at:
The keepinc~ or storing of one camp-type travel trailer or
recreation vehicle is permitted on a premises, if it is either
owned or rented by the occupants of such premises and is not
kept for purposes of sate or rental and is used solely for the
personal use of such occuoants. Such camp-type travet trailer
or recreation vehicle snail' not De occuoied as living quarters
at any time, and shall be secured in place in the rear yard nnt
nearer than fifteen (15} feet to a side or rear lot line or to the
street, and the door~ thereof shall be keOt securely locked.
bi Such vehicle may not be parked within ten (101 feet of a one
or two family dwetlin9 or fifteen (I$) feet pira multipte dwellin~l.
Boats. One boat may be parked in the rear yard of any occupied
lot not nearer than fifteen (15) feet :o a rear or side line or :o any
-70-
Section 100-192. Off-street loading areas.
Off-street Ioadinc. I berths, open or enclosed, are permitted accessory to
use (except one or two-family residences), subiect to the following provisions:
A. Uses for which requ red Accessory off-street loading berths shall be
provided for any use spec f ed below. Any land which is developed as
a unit under single ownership and control shatl be considered a single lot
for the purpose of such loading requir...ements.
( I.] For a public library, museum or similar quasi-public institution.
c. Jovernmentai buiidinc~, community center, hospital or sanitarium,
nursing or convalescent home. institution for children or the aged
or school, with a floor area of five thousand tS, Q00) to twenty-five
thousand {25,000) square feet., one (1) berth; for each additional
twenty-five thousand (25.000) square feet or fraction thereof,
(1) additional berth.
( 25 For buildinc~s with professional, governmental or business offices
-- ~r )aboratory establishments, with a floor area of five thousand
to twenty-five tl~'-'~and (25.000) square feet, one berth; for each
additional twenty-five thousand (25,000) square feet or fraction
thereof up to one hundred thousand (100,000) sc~uare feet, one
- additional berth; for each additional fifty ti~ousand [ 50. 000) so, ua're
feet or fraction thereof, one additional berth.
{ 3.) For buildings with offices and retail sales and service establishments.
one berth for five thousand (5,000) to twenty- five thousand (25,
square feet of floor area, and one additional berth for each additional
twenty-five thousand (25,000) square feet of floor area or fraction
thereof to he used.
(a.) For undertakers and funeral homes, one berth for each chapel.,
( 5~. For hotels, one berth for each two thousand five hundred
square feet o~ floor area.
( 6.J For manufacturing, wholesale and storage uses and for dry-cleaning
and rug-cleanin~ establishments and laundries, one ~er~n for five
thousand (5.000~ to ten thousand (10, QcIu) square feet ol floor area
in such use, and one additional berth for each additional ten thousand
(10,000) square feet ot floor area or fraction thereof so used. In
addition, adequate r'eserved parkinc. I for wa~tlnC~ trucks shall be
provided.
B, Size of spaces. Each ~'equired Ioadinc. l berth shall be at least fifteen (1
-- t~eet wide, fourteen (lq) feet high and fort,-five (q5~ feet loner, and in
no event smaller than required to accommodate vehicles normally uslncJ
such berths.
-71-
Location and access. Unobstructed access at least fifteen (15) feet wide.
to and from a street, shatl be provided. Such access may be combined
with access to a parking lot. All permitted or required It~adinc~ berths
shall be on the same ;bt as the use to which they are accessory, except
as provided in subsection 0 below. No entrance or exit for any off-street
Ioadin9 area shall be located within fifty (50) feet of any street intersection.
No off-street Ioadinc. t berth shaU be located in any required front yard.
Joint facilities. Permitted or required Ioadinc. I berths, open or enclosed,
may be provided in spaces designed to serve ointly two [2) or more adiacent
establishments, provded that the number of required berths in such ioint
facilities shall not be less than the total required for ail such facilities,
Lots divided by district boundaries. When a lot is located partly/ in one
district and partly in another district, the regulations for the district
requirinc, l the cjreater 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 8bard of /~,ppeals.
-72-
23.
Chapter 100 is amended by adding a new Article thereto, to be Article XX, to
provide as follows:
ARTICLE XX
Signs
Section 100-200. Purpose..
The purpose of this article is to re~tulate existinc~ and proposed sic. Ins in order
to:
A. Protect property values.
Create a more attractive economic and business climate.
C. Enhance and protect $outhold's physical appearance and environment.
D. Preserve the historic and architectural heritac~e of the Town.
E. Provide a more en)oyable and pleasinc~ community.
F. Reduce sicjn or advertisin9 distraction and obstructions that may contribute
to traffic accidents.
Reduce hazards that may be caused by sic~ns overhanging or proiectinc~
over public rights-of-way.
SeCtiOn 100-201. Permits required and administrative procedure.
A. The provisions of this article shall apply in all districts.
Except as otherwise pro~/ided in this chapter, $i(~ns shall not hereafter
be erected, structure y a toted eniarc~ed, or moved or reconstructed'
within the Town unless a permit is obt=,ined from the Buid no.. nspecmr,
The followin9 two operations shall not be considered creatinc) a new siren
and therefore shall not rec~uire a new sic~r~ permit:
1. Replacinc. i copy. The chan~in~ of the adve~tisin~ or message on an
approved si~n w~ich is specWicaHy designed for the use of replaceable
2. Maintenance. Painting, cleanin~ and other normal maintenance and
~epair o~ a 5~n or a s~n structure, untess a structural chan~e ~s
made or there is a chan~e in messa~e.
~licat on for a 5i~n permit shall be made on a form provid,:d by the
B~ildin~ Inspector which application shall include:
1, Name. address and telephone number of the applicant.
2. Name, address, telephone numbe~of 5~Cln maker.
3. Location of buiidin9, structure or land to which o~u~_~_n which the
Color photo of buildlncJ upon which siren is to erected.
-73-
Size of sign.
A description of the construction details of the sign, showing the
lettering and/or pictorial matter composing the sign; posJtio~ of
lighting or other extraneous devices.
7_i.. Sketches drawn to scale and supporting information indicating location
of sign. colors, size and types of lettering or other graphic representation
and materials to be used, electric,~l or other mechanical ecluipment,
details of its attachment and hanginc, l. Samples of materials should
accompany the application, where required by the Building Inspector.
The written consent of the owner of the property upon which such
sign or signs is or are to be erected and maintained. In addition,
such sign application shall be accompanied by a fee as established
by the Town Board of the Town of Southold.
?~.. Such other pertinent information as the Building Inspector may ~equire
to insure compliance with this Article.
The RuildtncJ Inspector shall review the proposed sign with respect to all
quantitative factors.
· 8.
The Planning Board may approve signs which differ from the quantitative
requirements set forth in this articte, provided that a findinc, I is made that
said sic.;n or signs conform to the general design principles outlined in
Section 100-202 hereof, and provided further that no sign shall violate
the sign prohibitions and generat restrictions listed in Section 100- 203
herein.
After approval or approval with conditions by the Pfannin? Board. the
Building Inspector shall issue a permit in accorc/ance with all applicable
requirements.
No sign permit shall be issued prior to payment of a fee of twenty-five
(S0.25) cents per square foot of sign area, but ,n no event shall such fee
be less than five ($5.00) dollars.
Section 100-202. General design principles applying to signs.
Decisions on review of signs shall be guided by the Following general
principles:
A~. Signs should be a subordinate part of the streetscape.
B._L. Signs should be as smaq as practicable.
C__L. Signs should be as close to the ground as possible, consistent with recruited
safety and legibility considerations.
which it is placed.
(- (-
E. Whenever feasible, multiple signs should be combined into one sign to avoid
ciutter,
F. A sign should not impair the visual effectiveness of neighboring signs.
G. Carish colors and materials should be avoided.
Signs which have dark background colors and light letters are preferred
ih order to minimize the apparent size of signs within the streetscape,.,
I. Generally, signs on the same building should be within the same horizontal
band, and be of a similar height.
J . Except in carefu ¥ designed circumstances, signs should be integrated
~ with fences, wails or buildings, and not freestanding..
K. SiGn mater a should be durable, renu rincj little maintenance; use of
ma[oral such as corrugated plastic, natural aluminum, buibous plastic
I~tters, nontextured plastic, and glass :ilo should be avoided.
Section 100- 203.
Sign prohibitions and general restrictions.
Unless otherwise provided herein, nonaccessor¥ signs, billboards, and
~obile signs shall be prohibited in all districts.
Flash ng sgns including any sign or device on which the artificial light
is not maintained stationery and constant in intensit'~ and color at ail t~mes
when in use are prohibited,
C. Sions which compete for attention with, or may be mistaken for, a traffic
S c~na are proh b ted. No sign shall be erected in such a man,nor,as to
Obstruct free and cie. ar vision for drivers, interfere with, m~s[eao, or,
confuse traffic, or be located where, by reason of ts position shape,
or coot such sign may interfere with, obstruct the view o{, or be ,;)nfused
with, any authorized traffic sign, signal, or device by makinc~ use of the
words "stop", "look", or any other word, phrase, symbol or character,
or red, green, or amber illumination or reflection.
D. Roof signs shall be prohibited.
5icons made out of cardboard', paper, canvas or similar impermanent material
-- are prohibited.
F. Standard, approved methods of constant illumination shall be permitted
-- on ground sic}ns, wa si(~ns, and hanging signs, provided, however, that
Be illuminat on shall be concentrated upon the area of the sign so as to
prevent direct c~lare upon the street or ad acent property.
G. $icjns with visible moving, revoivinc. I, or rotating parts are prohibitud.
5f a' ~-~d-0pening, no sign or part ther_eu~--~nall
~-b-~o~.~-streamers. gpinners, or other similar movinc~, flu_tte.r.~_~J._~.~
I. Sit, ns noting that a property has been sold are prohibited.
-75-
No portable or temporary sic~n shall be placed on the front face of any
building or upon any lot, except as provided in Section 100-205 Gherein.
No signs other than signs placed by agencies of the government shall be
erected on any public property, unless consent is first obtained from the
Planninc. I Board. NO sign shall be placed on any private property without
the consent of the owner thereof. No sicJn shah be placed or painted on
any tree or rock. No sic~n shall be placed on any'utility pole except for
utility identification or similar purposes.
Section 100-204 Limitation of sign content or copy.
Information displayed on sic~na shall be limited to the name, address, and nature
of the business and products available or activity for which the building or
premises is uaeci.
Section 100-205 Regulations rec~ardin~ specific types of signs.
A. Uluminated signs.
A sign illuminated by electrici: from outside or' within or equipped
in any way with electric devices or appliances shall conform with
respect to w~ring and. abptiances to the recjulations of the New York
State Board of Underwriters and shall bear the stamp of said Board.
All wirincJ shall be self-enclosed in metal raceways.
Freestandina and groun,d sic~ns. Except for required cautionary or
-- traffic cqntrql siqns, one freeatanciinc~ sic~n shall be permitted for each
frontacje of a property on a public street or way where a buildinc~ is setPack
at least twenty-five (25) feet from the street line. Such signs are limited
to either pole sicJns w'~th no cjuy wires or sic~ns permanently affixed to a
fence or other wall separate from the principal buildincJ. All c~round sicJn~i
shall be located within and not overhan~ the property line. The location
and design of such signs shall be chosen so as not to present a hazarrl
to pedestrian or vehicular traffic and shall be twenty-five 25 feet from
~ch s de ne and f fteen {15) feet from the front and/or rear property
line. The maximum heicJht of such sit, ns shall be fifteen (15) feet.
C~._ Shopping center directory signs.
1_~. The term "directory sic~n" shall mean any si.qn containlnc~_a list of
names of business estaPlishments located within a shopp,~c~ center.
2_:.. Each shopping, center shall, as a whole, be allowed one free-sta~dinr1
directory s~gn on the premises to be used for the purposes of identifyinq
the shoppincj center and the various business establishments located
-76-
with n the shoppinc. I center where the building or buildings are setback
twenty-five (25i feet from the street line. No advertising of any
sort shall be allowed on such sign. Said sign shall not exceed
~fteen (15) feet in heicjht, measured from the top of said sig. to the
mean level of the ground surroundinc. I the support of said sign. Ea~ h
business es[ab shment name shall occupy no more than ten (10) square
t~eei[ in total area. Said si,cjn shall comply with all other applicable
provisions of this ct~apter.
3. A perm tssued by the Buildincj Inspector shall be required for each
-- ho in center directory sian erec:ed or maintained pursuant to
s pp g, · ~ ' - ' must conta n an arch tecCs
this sect on. The app ~cat~on for ~a d perm t
drawing al~ said directory sign as well as a survey indicating the
d mansions of said sicjn its/ocation and setbacks. The Buildin~
Inspector shall refer sad application~ drawinCj(s), survey(si and
other supporting papers to the Plannincj Boa, d for its approval and
recommendations.
nterior sic~ns. An interior sicjn, or combination of sicjns, shall not cover
more than ten (10%) percent of the total g ass area upon which, or in which,
it is affixed, displayed', or painted.
Wall signs.
1. Wall signs shall not proiect more than twelve (12) inches from the
-- wall to which they are affixed.
2. Within any Business District. such signs shall not exceed a height
-- of three (3) feet. and shatl not extend hitcher than the top of the
parapet in case of one story buildinc..Is, in the case of buildinqs taller
than one story, such sgns shall not extend above the bottom al: the
~ill of the windows of the second story, nor extend or De placed more
hah fifteen 151 feet above the outside grade. No wall sic)n or
camh nat on of s gns, incJudin~ interior signs, on any wall facin~
any street or ~)ublic way in a ~)usiness district shatl exceed an a. ea
n square feet equivalent to one times the length in feet of the str~'~cture
on each frontacje up to a maximum of sxty (6QI square feet.
Within an industrial district, one wall sic~n not exceedinc~ thirty
s~uare feet is permitted for each street frontac~e from wt~ich access
~s provided to the lot.
n any d stricts vzhere wall sicjns are permitted, no such si(~n shall
-- ~over, wholly or partly, any wail opening, includin9 doors, fire
escapes, and windows, nor proiect beyond the ends ~'f~to
which t s attached. A such signs must be safely and adequately..
~ttached to said buildin9 wall by means sat sfactor¥ to he Bui d
Inspector.
-77-
F..:.. Historic signs. The Planning Board may find that a particular
sic~n is a historic sign. In makinc. I such a finding, the Plannmr~
Board, in consultation with the Historic Landmark's Commission,
mpst find that the proposed sign is of Si~lnificant historic quality
in terms of a~e or desi~'~-~r by -~son pt its relationshil3
an historic renovation proiect. The Board of Appeals m~y allow
the reconstruction, repair and maintenance of historic sicJns upon
such terms as may be just and proper in addition to or to th,
exclusion of, any other signs permitted by this chapter.
G_.:.. Temporary signs. The erection, installation, or maintenance
of temporary sicjns, as defined herein, is hereby prohibited,
except that the Buildinc~ Inspector may c~rant special permission
for the maintenance of the following SlC~ns:
1~. A temporary sign announcing special events, etc., not
exceeding twenty-four (2q) square feet in area. which is
erected by a municipal, charitable, or nonprofit organization
is permitted, for a period not tO exceed thirty (30) days.
2._L. Temp0rar,/ interior sic)ns announcin~ special sales or event-
shall be permitted in the Hamlet Business and General
District. Such sic~ns shall cover no more than twenty-five
(25%) percent of the window area to which they are affixed,
and shall be removed within twenty (20) days.
Section 100- 206'.
A.
Unsafe, abandoned and unlawful sic~ns.
The owner of a sic~n and the owner of the premises on wh ch
such sic. In is located shall be iointly liable to ma ntain such sgn,
incJudinc~l its illumination sources, in a neat and orderly condition
and ,.j,~uG workinc. I order at all [imes and to prevent the development
of an~ rust, corrosion, rottin~ or other deterioration in [he physical
appearance or satety of such si~n.
If the Buildin~ Inspector shall find that any sign re~ulated herein
is unsafe, insecure, damaged, deteriorated or a menace to th~
public or has been erected in v~olation o( the provisions of this
c~pter, he s~ll ~ive written notice b~ certi~i~ ma~l [o
owner of the premises on which suc~ s~n is located, as shown
on the latest Town assessment roll. ~aid si~n eno ail aDpurtenanceq
s~all be taken down aflO remove~ by the owner, a~ent or person
h~vin~ the bene{iciat use of the buildin~ or structure upon which
such si~n may be found within thir[~ (30) da~s attar written
notification ~rom the ~uildin~ ~nsDector. Upon ~he failure ~o
compl~ with such notice within the time s~ecified therein.
Buildin~ Inspector is authorized to remove, or cause [he removal
pt SUCh sl~n at [he expense of the person or persons nameH
in such no(ice. Upon such removal, all costs and ~xoense~
incurred b~ the Town for the ~emovaJ and storage of' such
shall be assesse~ a~ainst the land on w~ich such si~n was ~ocate, I
and a statement of such expenses shall be presenteQ to [he owne,'
of the ~and. If such sta[ement is not paid within thirt~ (30)
~s alter its presentmen[, the Buildin~ Inspector may file q
star,ant with the Town Assessors, identif~ n~ the property
~n connection with which such expenses were ~ncurred and
owner ther~f as shown on the latest assessment roll of
Town. The assessors, in the preparation o( the next assessmer.~
roll, shall assess such amount upon such property. Such amount
~ ~ '~n~'~ll be coJi~ed a~d enforced in the samM
of real.property taxes in the Town of Southold'. The owner
-78-
C. If n the determination of the Buildinc. I Inspector, a sic~n is an immediate
-- peril to persons or property, he may cause such sic~n to be removed
summarily and w thout notice. The cost of such removal shall be paid
by the Town and such amount shall be and become a lien upon the '
premises in question and shall be levied and collected in the same
manner and under the same penalties as an assessment of a public
improvement.
Section I00-207~ Continuation of existing signs.
Notwithstanding any other provisions of this article, any sic~n in existence
~t the effective date of this article which does not conform to the provisions
of this chapter shall, withn three 31 years from such date, be removed or
made to conform, unless its continuance is authorized as a spec al excep[io~
by the Board of Appeals as hereinat-ter provided.
-79-
Chapter I00 is amended by addincj a new Article thereto, to be Article XXI,
to provide as follows:
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
Section 100-210. Purpose.
The following standards are intended to enhance the appearance and natural
beauty of the Town and to protect property values through preservation and
planting of vat, elation, screening, and landscaping material. Specifically,
these standards, are intended to enhance the appearance of ma or travel
corridors and business areas; to reduce excess ve heat, c) are, and accumulation
of dust; to provide privacy from noise and visual intrusion; and to prevent
the erosion of the soil, excessive run-off of drainage water, and the consequent
depletion of the c, lround water table and the pollution of water bodies.
Section 100-211. General requirements.
The following provisions shall apply to any use in all zoning districts:
Aa
Landscaping, trees, and plants required by these regulations shall be
planted in a c, trowing condition according to accepted horticultural practices.
and they shall be maintained in a healthy growing condition, Any
landscaping, trees, and plants which, are in a condition that does not
fulfill the intent of these regulations shall be replaced by the Oropert¥
owner during the next planting season for the particular plant material.
B,.L, A screening fence or wall required by these regulations shall be maintained
by the property owner in good condition throuc~hout the period of the
use of the lot subiect to the following conditions:
Any land that is or has been designated or required to be a screeninq
area, buffer area or paved area pursuant to an approval by the Town
Board, Planning Board or Zoning Board of Appeals of any grant
of an application for a change of zone, variance or site plan approval
or which is required by ordinance or local law must be maintained
by the owner of the property or any of the owners, successors in
interest or assignees.
When it is determined by the Planninc~ Board that any land is not
maintained pursuant to such c}rant or law, the Buildinq
Inspector shall notify the owner of record of such land, by
Certifiecl mail to the address shown on the last .completed assessment
roll. to erect, reblace, repair or maintain fences, trees, plantincjs.
shrubher¥ or other screeninc} or paved areas pursuant to the plan
or law.
In the event that the owner of record does not comply with the notice
within thirty (30) days of the date of said mailing, the Buitdinq
Inspector may take the appropriate action to erect, replace, repair
or maintain fences, trees, plantings, shrubbery or other screen~nq
or paved areas on the designated tand. The Building Inspector shall
certify by affidavit the costs incurred either by the C)epartment or
t-~e Town Board. The Town Board shall,, by resolution, instruct
t'J~-Town Clerk to publish a pub-Jic notice that a_~.~J}~rin~.-~ill
be held for the purpose of adding to t"~e as--~essl~ent~
described lot or parcel the costs incurred and that.
hearing, ti4e Town Board will hear on~'conside~ u~*¥
may be made to such roil. The publication of such notice shall not
be less than ten (10) da~s before the time speciH~l'or~--~uch hearing.
]~Jq~ Town Board, after public hearing, may then cause such assessment
to become a lien and may direct the Town Assessor~lo pl'--~ce it on
the assessment roll.
C. A andscaping trees, and plant n9 material adlacent to parking areas,
10adinc. I areas, or driveways, shall be prober y protected from vehicu r
damage by barriers, curbs, or other means.
D. To the extent possible, existing trees, vegetation, and unique site features
~uch as stone wa s shall be retained and protected. Existing healthy,
mature trees, if properly located, shall be fully credited against th~
requirements of these regulatmns,
E. Where let size and shape or existing structures do not make it feasible
-- to ,.u.,t~ y with the requirements for a front landscaped area or lands~-~ped
parking area the Planning Board may approve planters, plant boxes or
pots containing trees, shrubs, and/or lowers to comply with the intent
of these regulations.
F. In cases where the edge of the pavement within a public right:of,~w, ay_
does not coincide with the front lot tine. the property owner snail ~a,.ascape
the area between the front lot line and the edge of the street pavement.
Section 100-212. Front landscaped area.
A front landscaped area shall be required for ail uses Ln all zoning districts.
The required landscaped area she be covered with grass or other c~round
cover and she nclude appropriate trees and shrubs. Aa a minimum, in all
non-residential districts and in the Hamlet Density Resident al and R-~0 Low
Density Residential Distr ets, one shade tree having a caliper of two inches
shall be planted within the front landscaped area for each forty (qOl feet o~'
fraction thereof of lot frontage. The purpose of the landscaping is to enhance
the appearance of the use on the lot but not to screen the use from view.
A. Residential Districts. In all residential districts, required front yards,
-- except for the driveway, shall be landscaped wit~q grass or other suiL
ground cover, trees, and/or shrubs.
B. Non-Residential Oistricts. In all non-residential districts, there shall
-- be a landscaped strip in the front yard area: in the Limited Business,
Ceneral Business, and Light Industrial/Office Park and Light Industrial
Districts. the strip shall be twenty-five (25) feet and in the
Marine Business District the landscaped strip 5hall be fifteen
(15) -fe~' deep alonq and contiguous to the front lot line of the property.
There shall also be a land'-eta,ned area five (5) feet w~de abutting the front
of the building in all non-resigential districts including the Hamlet
District.
Section 100-213. Transition buffer area.
The purpose of the transition buffer area is to provide privacy from noise,
headlight cjlara and v sual intrusion to residential dwellings. A buffer ar
s~tail be required along all boundaries of a non-residentiai lot al3uttin9 any
10t in a residential district.
Such buffer area shall comply with at least the following minimum standards:
A. The buffer area shall be located within the boundaries of [he sub)ecl
property.
The minimum width of buffer areas shall be as follows:
(1.) Hamlet Business District 15 feet
(2.). Marine 13usiness District 20 feet
(3) Limited Business Oistrict 20 f~el
-81-
General Business Districts 25 feet
Industrial Districts 30 feet
6~, Any district other than residential district adtoining
land ownecl or maintained by New York State, Suffolk
County, or Southold Town with current or potential us~
as park land. 25 feet
C_.L. The buffer area shall be of evergreen planting of such type. height, spacinq
and arranc~ement as, in the iudgment of the Planning Board, will effectively
screen the activity on the lot from the neighboring res dent a area As n
minimum, the planting shall consist of a double row of trees s x (6) feet in
height planted at intervals of ten (10) feet on center. Hon-ever.~reen plant nc/
may be included to supplement evergreen planting, but not to take its place.
D. A landscaped earthen berm, wall, or fence of Iocat on, he ght, design, and
materials approved by the Planning Board may be accepted for any portion
of the required planting) and/or buffer area.
E. Where the existing topography and/or landscaping provides adequate $creenino.
-- th': Planninc. I Board may accept the existirtg plantin~ and/or buffer area as
the required plantinc~.
Section 100-21~1. Landscaped parking area.
In addition to the front landscaped area and buffer area requirements parkinc}
areas shall comply with the follow nc~ minimum standards:
A_.L. All uses required to provide twenty (20) or more off.-street park ng space~
shall have at least ten (10) square feet of interior landscaping w thin th~
paved portion of the parking area for each parking space and at least one
(1) tree with a two (2) inch caliber for every ten (10! parking spaces or
fraction thereof.
Each separate landscaped area shall contain a minimum of one hundred (100!
square feet, shall have a minimum dimension of at least eight (8) feet, shall
be planted with grass or shrubs, and shall include at least one (1) tree of
not less than two (2i inch caliper.
B. A [an~lscaped area shall be provided aloncj the perimeter of any parking aren
except that portion at the parking area which provides access o a street
or parkinc~l facility on an ad acent lot. Accessways to adjacent lots shall not
exceed twenty-four 2q feet in width and shall not exceed two (2) in number
for each purpose. The landscaoed area shall have a m~n mum dimension o~
four (gl feet. shall be planted, with c~rass or. shrubs and shall include at
least one tree of not less than two (2) inch caliper for every forty (q0) feet
alonc~ the perimeter of the parking area. In cases where the parking area
adioins a public sidewalk, the required tandscaded area shall be extended
to the edge of the sidewalk.
C_~.. Trees used in parking lots shall include Honey Locust, Pine, Oak, or other
similar fast-growing, hardy varieties, or existinc~ trees wt~ere approprlatel¥
located.
Section I00-215. Properties lobated adlacent to creeks.
The rear yards of proberties Iocatecl adjacent to creeks shall include natural
vegetation and/or shall contain suitahle planted vec~etat on to a m~n~mum of
twenty (201 feet inland i~rom the mean high water line ~levation or wet and
bounc~ary to prevent erosion of the shoreline. VeGetation within the buffS.
strib shall not be fertilized or chemically treated.'
25.
Chapter 100 is amended by adding a new Article thereto, to be Article XXIII,
to provide as follows:
ARTICLE XXIII
Supplementary R ec.~ula Lion s
Section 100-230. Exceptions and modifications.
A. Established front yard setback. Where property in the vicinity is improved
with principal bu dinc~s with front yards of less than that required by the
Provisions of this chapter, the front yard setback shall be the averac~e.
~etback of the existinc. I buildinC, lswithin three hundred (300) feet of the
pr__oposed buildin~ on the same side of the street within the same use
district.
B. Exceptions to lot depth requ rements. The minimum lot depth at any point
may be decreased to seventy-five (75%) percent of the minimum requireme,,t
if the averac~e depth conforms to the minimum requirement.
C. Exceptions to yard requirements.
(1.) Permitted obstructions. Cornices or cantilevered roofs may proiect
-- not more than two (2) feet into a required yard. Belt courses, wi,,dow
s S and other ornamental features may proiect not more than six (6)
[nctles into a required yard. Fences or walls not over four (4) feet '
in heic~ht may be erected anywhere on the lot. except as set forth in
Sect o~ 100-232 herein. Paved terraces, steps and walks (other th~n
such as are needed for =-cce'~s to the buildincjs on the lot) shall not
proiect within fifteen (15) feet of a street line or four (q) feet of
property line.,
(2.) Entries and porticos. A roofed-over but unenclosed proiection in the
-- nature of an entry or portico, not more than eib, ht [81 feet wide and
extendinc~ not more than six (6) feet out from t~te front wall of the
~ui d ncJ shal be exempt from the requirements of this section when
the bui~'dincJ otherwise compiles w th the rec~u arians of th s section.
In computinc. I the averac~e setback the presence of such entries and
_ .porticos shall be ic~nored.
(3.) Permitted proiections- In any district, chimneys on residential, public
-- or sam-pub c bu Idinc~s may proiect into a required yard to the extent
of not more than two (2) feet. In any residential d strict, terraces,
steps or uncovered porches may proiect into any required yarcl,
~rovided no part thereof is nee'ret than four (~*) feet to any lot tine.
D. Heic~ht exceptions. The heic~ht limitations of this ordinance shall not apply
to:
(1.) :Spires, belfries, cupolas and domes not for human occupancy;
-- monuments, transmission towers, chimneys, derricks, conveyors, fiac~
poles, radio towers, television towers, and television aerials, provided
that any television or radio aerial shall not t~e located nearer than a,
distance aqua to ts hei.c}ht above the roof or other permanent structure
to which it is attached t~ any overhead electric transmission line carryh,~J
more than 220 volts.
2. Bulkheads, observation towers, monitors, fire towers, hose towers.
-- coolinq towers, water towers, c~rain elevators, or other structures
~here a manufacturinc. I process requires ~reater heic~ht, provided that
anv such structures that are located on ~ny roof and that exceed in
h_~i~.t._~the limits in the particular r~istrict shall not in the
occupy more than twenty (20%1 percent of the horizontal area o~ the
roof, and are set back one {I) foot from :he edc~e of the roof for each
additional foot in heir. Iht greater than the specified heic..Iht_..
-83-
3. All mechanical ec~uipment necessary to operate building servic~,~,
-- ~hich equipment is located on the roof of a structure, st~all be screened
~n a manner approved by the Planning Ooard.
Retail sales in Residential Districts.
Notwithstandinn any other provision of this Chapter~ all premises
[? any Residen'tial D strct and upon which retail sales are conducted shall
be subiect to site plan approval by the Planninc~ Board, pursuant to th~
provisions of Article XXV.
Section t00-231, Heic~ht of fences, walls and hedges.
Fences, wails, hedges or other llve plantinc~s within five (S) feet of the property
lines may be erected and maintained, suPiect to the folJowinc~ heic~ht limitations:
A._L When located in the front yard along the front lot llne. the same
shall not exceed four (q} feet in heicjht.
When located alon~l side and rear yards, the same shall not exceed six and
one-half (6~}) feet in height.
C. When located other than in the front yard area or along side or rear 1et
-- Ii'nas, the same shall not exceed eicjht (8) feet in height.
Section 100-232. Corner lots.
Ao On a corner lot. front yards are required on both street frontages, ant1
one yard other than the front yard shall be deemed to be a rear yard, and
the other br others side yards.
la, On all corner lots. harms, wails, fences, and hedqes or any other potential
-- o~structJon to vision shall not exceed a height of two and one-hail [2,}]
feet above the average street level within an isosceles tribngle having, thirty
(30) foot sides along each street to preserve sight lines for traffic.
Section 100-233. lauildin9 lenc~th and separation for buildinc~s containing multiple
dwellings.
A. No buildinc~ shall exceed one hundred twenty-five (125) feet in length.
The.minimum distance between principal buildings shall be edua to twn-
times the height of the highest building, and the minimum distance between
a principal and an accessory building shall be twenty (20) feet.
Courts.
Section 100- 23[I.
A_.L. Inner courts. An inner court is permitted in multi-family dwelling development,
if the minimum dimension of such court: is not less than two-times the average
height of all surrounding walls, but not less than sixty (60) feet. The height
of walls surrounding an ~nner court shall be measured from finisheci c}rad~
at the base thereof to the top of such wall, except that, in the case of roof~,
with a slope exceedinc~ five (5) inches vertical to twelve (121 inches horizontal,
the height shall be measured to the mean point of the roof.
Outer courts. The minimum width of an outer court shall be twenty (20)
f~et and the depth thereof shall not exceed its width.
$~:tio~ 100-235. Access rec~uJrements.
A. Street access.
1. No buildin9 shall be erected on a lot that does not have direct access
to a public street ~n accordance with Section ~80a of the Town Law.
All buildings, and structures shall be so located as to provide safe and
convenient access for servicing, fire and police pro ectio~, and off--
street parkinc~ and/or loading.
-84-
Residential rear or flac~ lots and accessways. An)' rear lot or flacj tot
occupied or lo' ha' . ve
t~a o t e accesswa shall not
~r o~O t e ~nt I~.
Section 100-236.
A.
Open storage.
'~'~icJas or ooats as set ~u
B. When open storac~e is permitted in a commercial or industrial district as
a principal or accessory use. the followinC~ conditions shall be met:
1. Storacale shall be screened from view by a fence or everc, lreen
screeninc~, the desitin and ocat on of which shall be approv.d by.
the Plannincj Board. In.no case shall the stored material excee, i'
the height o~ the screemn~.
2. No outdoor storage ma~ be permitted within twenty-five (251 feet
~ of a residential district ~undar~.
Automobile wrecking ~ard or ~unkyard is required to provide suitable
~imination of said use.
S~tion 10~-237. prohibited uses in aU districts..
The ~ollowln~ uses are prohibited in ail districts:
A. Any use whic~ is noxious, offensive o~ ob~tio~a~le by rea~n of
~ission of smoke, dust. ~as, odor or other form o~ air ~llution or
r~n o~ the deposit, discharge or dispersal of lifluid or solid wastes
in any form in suc~ manner or amount as to cause permanent damage
to the soil and streams or to adversely affect the surroundin~ area. or
~y reason of the croat on of noise vibration et~troma~netic or other
d~sturbance, or by reason of ilium nation by artificial light or light
retlection ~e~ond the limits of the lot on or from which such li~t or
~tlection emanates; or'wh ch involves an~ dan~erious fire,
~plosive, radloaGtive or other hazard; or which causes in~u~,
their owners an~ - , nfs; and any oiher process or use wi,ich
~nwhole~me and ~ ~e and may be dangerous or pre udicial to health,
~fety or ~eneral welfare, except w~ere suc~ activit~ is licensed or
regulated b~ other government a~enc~es.
Artl~icial ll~h[in~ facilities of any kind which create ~lare beyond
C. Carnivals, circuses and related activities, except for a tempo~'ar~ period
on special license from the Town Board.
Junkyard or ~efuse d sposal site except a ~efuse disposal site establishea
as a~otficial town ~e{use ~isposal s~ o~ dul~ autho~ zed as a ~efuse
dis~sal site b~ the Town
-85-
E. Uses involvinc~ primary production of the followln~ products from raw
materials:
Charcoal and fuel briquettes; chemlcais; aniline dyes; carbide;
caustic soda; cellulose; chlorine; carbon black and bone black;
creosote; hydroc~en and ox¥c,]en; industrial alcohol nitrates of
an explosive nature; potash; plastic materials and synthetic resins;
proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric
and sulfuric acic~s; coal, coke and tar products, inctudin~ gas
manufacturinc. I; explosives; c~elatin. ~tue and size (animal): linoleum
and oil cloth; matches; paint, varnishes and turpentine; rubber
(natural or synthetic); soaps, includinc~ fat renderinc~; starch.
The followinc~ processes:
Nltratinc~ of cotton or of other materials.
2. Millinc~ or pracessinc~ of flour.
Macjneaium foundry.
Reduction, r'efinin,~, smeltin~ and ailoyinc~ metal or metal ores.
S. Refininc. I secondary aluminum.
6_. Refining petroleum products, such as c. lasoline, kerosene, naphtha
[ubricatJn~ oil. ' r
7. Distillation of wood or bones.
Reduction and processinc~ of wood pulp and fiber, including paper
mill operations.
C__. Operations involvincj stockyards, slauc~hterhouses and slac~ piles.
H. Storable of explosives.
I. Quarries.
Storac. le of petroleum products. Notwithstandin~ any other provisions
of this chapter, storac~e facilities with a total combined capacity of more
than 20.000 cjallons, includinc)all tanks, pipelines, bulldinds, structur,s
and accessory ec~uipment designed, used or intended to be used for the
storacje of gasoline, fuel oil, kerosene, asphalt or other petroleum products.
shall not be located within 1.000 feet of tidat waters or tidal wetlands.
Section 100-238. Provisions for community sewer, water and utility facilities.
Where public sewer and/or public water and/or public or private utility system~,
are recruited, no buildincj or premises to be serviced by such systems shall
be used or occupied, nor shall a certificate of occupancy be issued with respect
tO the use and occupancy of such buiidinc~s and/or premises unless and until
ail such required systems and facilities have been construC[ed and are in prope.
operatinc~ condition and have been approved by all a~lencles havin~ jurisdiction
thereof.
Section T00-239. La~d under water: filled rand.
Streams. ponds, tidal marshes and portions of Lono~.~sJand Sou~d and its various
bays and estuaries. Iyi-~-~c.[ "~-I~i-~''t'Re boundarfes-~ th~--T~-~-~-l~l, ----
whether or not so indicated on the Zonin~ Map as bein~ in a particular use
-86-
water, un · a ro flare zonin distr~c
~~ unit ermltted under the ~
~e property
Section 100- 239a Excavations.
~rested riot
corn in
SIX
be c ~~all
.the per.it,
S~tion ]06-~39b Tourist ca~s, cam~ cottages and trailers.
A. Per.its required..
88, Tourist and Tra~ler Camp,
Automobile trailers or house ~rs.
Notwithstan~ nq any other provisions of this chapter, a single automobile
trailer or hous~ car may ~e ocate~ outsi~e a tourist camp only when
authorized by the Town B~rd and su~ect to such conditions as
~e prescribed by the Town Board.
C. Exemptions.
This section s~~l~~~°r season~t
nts of America or the ~[rl ~couts
o the 8o 5cou .
Section 10~ 23~ Berms
A. General.
~ All berms shah be constructed so that alt sides o[ t~e berm
All berms shall be constructed out of clean fill or an ect~ve~d
~, s a e ptac~d on m~ ,,,, .........~
- 87-
(3) All barns shall be properly vegetated and lande,-~n-d, as approved
by ' · ' .:: .
the Plannm($ Board, before any erosion occurs' in the topsoil
on the berm. or, in the alternative, the berm shall be covered
with an approved (~round cover until such time the berm can b~'
properly landscaped.
8arms shall be constructed only durin(~ the period from March I
throuc2h October 15.
tS} No fence or wall shall be constructed on a berm. However. :~
retainin~ wall may be placed on the sides of a berm where the
Plannincj Board finds said retaininc. I wall will promote aesthetic
considerations and the heic~ht of same does not exceed the heic~ht
or c~rade of the berm.
(6) The construction of barns and the berm itself shall not interfere
~'ith natural draina(~e.
(7) The outside toe of the berm shall not be closer than six (6) feet
to any property line.
Height.
(ti The heic. lht of a berm shall be the vertical distance from the top
of the berm to the natural existing grade at the base of the berm.
(2.~) In all residence districts, no berm shall have a height greater than
four (ql feet in the front yard or six and one halt (6.}) feet in
a rear or side yard.
In all nonresidence districts, no berm shall have a heh~ht c~reat~.
than six and one half (6½} feet in a front, rear or side yard.
Notwithstandinc~ the provisions of Subsecton 13(1) and (2) of th;.
section, where the proposed berm is alonc~ a maior street, as that
t~rm is defined in subsection A106-13 of the Town of $outhold
Land Subdivision Re~lulations. the Planninc~ Board may increase
the heic=lht limitations of this subsection where it woutd be in th.
-public interest by ]imitincj adverse impacts from noise or liqht or
by promotin(~ aesthetic considerations. However. ~n no case shall
a berm aJonc~ a maior street exceed ten (70) feet.
Permit.
(I__L
All barns in excess of four (q) feet in heic)ht, except those required
to be constructed in connection with the Planninc. l Board's approval
of a subdivision plat or site plan, shall require a buildinc;1 permit.
All applications fcr a buildin~ permit for a berm shall include th,
followin~:
(a__~.) A detailed grading plan of the entire site indicatin9 the
existing topography in contour interva s no c~reater han fiv.
(Si feet and Lhe proposed topography in contour intervals
no c~reater than two (2) feet. The scale of the ?radlnc.~ plan
shall be no smaller than or~'-(1) inch eduais twer~t¥ (20) fe~t.
(bi A cross section of the berm indic;itin~ the type of materials
to be used in constructin(~ :he berm (i.e.. fill. topsoill and
the location of landscap~nc~. The scale of cross section shall
be no smaller than one (l) inch equals four I~tJ feet; an,t
A detailed landsoapincj plan indlcatinc, l the location, size and
quality of the species to be planled.
-88-
-- ~the Plannin ~ ap rova, w,~-~-~..~,o,,t I~nd
~~fications,
deemed an
~ions of th s chaoter relatin~ to the buildin~ permit~_ an~
All prov .... .L ~uild~ hermits for Derms, ~xcep~ a~
~0vided in this 5~tion.
-89-
26.
Chapter 100 is amended by adding a new Article thereto, to be Article XXIV,
to provide as follows:
ARTICLE XXIV
Nonconformincj Uses and Buildings
Section 100 240. Purpose,
The purpose of this article is to reduce or minimize impacts of: uses and
buildings which do not conform to the use or bulk recluirements set forth in
this chapter; all uses and buildinqs that become nonconforming by reason
.o. fany subsequent amendment to this chapter; and ail buildinc~s containing
nonconforming uses.
Section 100-2ql. Nonconforming uses.
Except as provided hereinafter, nonconforming use of bu dngs or open land
existing on the effective date of this chapter or authorized by a bu Idinq
permit issued prior thereto, rec~ardless of chanc, le of title, possession, or
occupancy or right thereof, may be continued indefinitely, except that such
building or use:
A. Shall not be enlarged, altered, extended, reconstructed, or restored
or placed on a different portion of the lot or parceJ of land occupied by
such use on the effective date of this chapter, nor shall any external
evidence of such use be increased by any means whatsoever.
8. Shall not be moved to another location where such use would be
nonconforming.
C._L Shall not be changed to another nonconformin.g use without approval
b~/ the Board of Appeals and then only to a u~e which in tbe opinon
otthe sa d Board, is of the same or of-'a more restrictJ've nature.
D. Shall not be chanc~ed back to a [ess restrictive use, if changed to a more
restrictive nonconforming use.
Shall not be re established if such use has been changed to, or replaced
by, a conforming use.
F. Shall not be repaired or rebuilt unless the use is changed to a conformng
use if the nonconformng use is damaged ~y fire or other causes to the
extent of 50% of its fair valLte.
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 anythi~cj in
this artlcle to the contrary notwithstanding, the nonconforming use of
such buildlng or premises shall no IonBer be permitted unless a varianc~
therefor shall have been granted by tt~e Board of Appeals.
Section I00-2q2., Nonconforminc~ buildings with conformincj uses.
A. No~hinc~ in this article shall be deemed to prevent the remode n~[,
reconstruction or enlargement of a nonconformin~l buildin~ c~
a conforming use provided that: such action does not--create any new
nonconformance or increase the dec~ree of nonconformanc~ w~h regard
to the re,qulations pertalninq to such bu['ldin~s.
B_.L. Reconstruction of a damaged buJldin~l.
1, A nonconforrnin~ buildinc.~ containinc~ a confornlir~ use which has
b_een d~maged' b¥.f.~ , .... ~.~l,' not be~r i'e~
than 50% of ts ,_al~' v~ju ....... . m ~- ·
~nless ~uch bu~---[~-ng s made substant,~l~nf°~m to the
~ht and yard requirements ~f th~B~chedule.
A lication for a permit to build or restore the damaQed porti~z. . ~
1 'above, s~a be lied with;,, one ear of the ~ate ot such
Wh c~, as to such portion, shall compJ~the requ ' ' ~
~se ~ such buildin~ is ~n~c-d to a confo~min~ use.
Sect&on 100-244. Nonconforming lot~.
A. This subsection is intended to ~rovide minimum standards
-- for ~rantinq of a buildinq permit for lots made
~0n-~onforminq or continued'in a state of non-uonformance
by the adoption of this Local Law~ and that were singly
and separately owned as of the effective date of this"
Local Law.
B. A nonconforming lot separately owned and not adjoining
any lot or land in the same ownership at the effecti~u
date of this Local Law and not adjoining any lot or ]~,nd
in the same ownership at any time subsequent to such
date may be used, or a buildin~ or structure may be
erected on such lot for use~ in accordance with'all the
other applicable provisions of this Local Law~ provide,]
that proof of such separate ownership is submitted in
~he form of an abstract of title showin~ the chan~es of
title to said lot~ which abstract shall be in the usual
form~ shall be certified by an attorney or a company
regularly doin~ such work in Suffolk County or by a'
corporation duly licensed to examine and insure title
to real ropert~ in Suffolk Count~ and shall contain ,~
certification that no contiquous property, was owned b~
~n owner of the property involved since the date of a~
Such lot shall be
previously applicable Zoninq Law.
~ranted relief for front side and rear yard dimensJ~,ns
as follows~
-90(a)-
Minimum Standards
Lot Yard
Area Coverage Width Depth Front Side Both Sides Rear
20,000 ~ 20% 120' 140' 40' 15' 35' 50'
to
40,000
(S.F.)
less than
20,000
(S.F.) 20% 80' 100' 35' 15' 25' 35'
In the case of sinqle and separate ownership of a
nonconforminq lot located in a subdivision plat, approved
after April 9tht 1957t by the Plannina Board of the Town
of Southold and filed with the County Clerk o~ Suffolk
County, relief for all front~ side and rear yard and
area dimensions shall be ~ranted to the extent that such
front~ side and rear yard and area dimensions were required
at the time the map was originally filed with the County
Clerk of Suffolk County.
Section 100 24~ Repairs and maintenance.
Notwithstandinc~ any of the forec, loinc~ recjulations, nothinc.1 in this article shall
be deemed to prevent normal maintanance and tel)air of a*~¥ building, or the
carrying out upon the issuance of a bu[Idinq permit of mili~)r
alterations or demolitions necessar~ in the i~terest of public
Section 100-246 Involuntary moves.
100-243 herein are not intended ~o a ~pl~[~lu~, y~'~;~,,}~t~
or structures as a result of co~demnation act,ons o~ ~h~,~
-91
27.
Chapter t00 is amended by adding a new Article thereto, to be Article XXV,
to provide as follows:
ARTICLE XXV
Site Plan Approval,
Section 100-250, Purpose.
To standardize procedure for review of site plan and rec{uirements for site
plan application regardless of district.
Section 100-2S1. Ceneral requirements.
No building or structure and no parking tot or outdoor use of land, except
those used as a one-family or two-family dwelling or for farming purposes
and their accessor)' uses, includinc~ home occupations, shall be used.
constructed, enlarged or moved until a site plan meeting all the applicable
requirements of this article has been apprc~ed h¥ the Planning Board. In
addition, any change in use or intensity Bi use which will affect the
characteristics of the site in terms of parking, loading, access, drainage
and/or utilities or an), plan to alter a building in a historic district or with
historic landmark designation will re~ulre site plan approval. Furthermore,
any use or structure in a flood or erosion hazard area will require site ptan
approval.
In all cases where this chapter recluires ~pproval of site development plans
by the Planning Board, no building permtt shall 13e issued by the Building
Inspector except upon authorization of and in conformity with the site plan
approval b)' the Planning Board.
Moreover, it is the intent that ail problems arising within the limits o~ the
job site will be completely resolved, redesigned and approved before any
work is resumed. However. in the event that an error either of desitin or
judgement becomes apparent during the progress of the work, the Planning
~oa~'d through its representative, the Building inspector, reserves the right
to stop such work and direct such changes pursuant to Town of Southold
speciftcations to correct such error.
It is also understood, that the Planning Board or its representatives shall
not be held liable for any problems arising during or after construction.
Section t0~1-252. Obiectives.
In considering and acting, upon site development plans, the Planning Board
shall take into considerauon the publlc health, safety and welfare, the comfort
and convenience of the public in cjeneral and the residents of the immediate
neic]hhorhood in particular, and may prescribe appropriate conditions and
safeguards as may be required in order that the resuit of its action may,
to the maximum extent possible, further the expressed intent of this chapter
and the accomplishment of the following obiectives in particular:
A. Traffic access. That all proposed traffic accessways are adequate but
-- not excessive in number; adequate in width, .cjracle. alignment and
visibility; are I~ated in proper relationship with intersections,
pedestrtan crosslnc~s and places of pul31ic assembly and are in conformance
with overall traffic safety consideration.
B. Interior circulation and parking. That adequate off-street parking
-- and Ioadinc~ spaces are provided to satisfy the parkincj needs BI the
proposed uses on-site, and that the interior circulation system is
adequate to provide convenient access to such spaces consistent with
pedestrian safety.
-92-
Landscapmc~ and screenincj. That all required recreation, parkinc~,
service and similar areas are screened at all seasons of the year from
view of adiacent residential districts and streets, and that the landscapincj
of the site is in character with that c~enerall¥ prevailin(.l in the
neic. lhborhood. Existin~l trees eight ~nches or more in diameter
measured three feet above the base of the trunk shall be retained to
the maximum extent possible.
Natural features. Due re~ard shall be paid to all natural features on
and adjacent to the site. includinq, but not limited to. drainac~e courses.
wetlands, marshes, dunes, bluffs, beaches, escarpments, woodlands,
larcJe trees, unique plant and wildlife habitats, flood hazard areas and
to protection of c~round and surface waters.
Cultural Features. Due rec,~ard shall be paid to all cultural features
on and ad acent to the site incJudincj, but not limited to. archeological
and paieontoioc~ical remains, old trails, historic structures and sites
and a,cJricuiturat fields.
Pavement. All plazas and other paved areas intended for use
pedestrians shatl make use of such pavements and plant materials
which could serve to encourac~e their use by pedestrians durinc~ all
seasons of the year and shall not consist of undue expanses of pavement.
Lighting. All outdoor licJhtinc~ shall be of such a nature and so arrancjed
as to preclude the proiection of direct licjht and ,cjlare onto adioinincJ
pro~3erties and streets.
Public address or sound system. Any sound or public address system
shall be such that no sound from system shall be audible on adioinincj
properties ar on the adiacent street.
Facades. Buildin~ facades shall be compatible with surroundinc. I area.
Drainage. The drainacJe system and layout proposal will afford an
adequate solution to any drainacje problems.
Public utilities. Plans for water supply and sewac~e disposal are adequate
such that the internal water and sewer systems are adec{uate and that
all wells, sewa(~e systems and connections to Town systems are in
accordance with Town and County standards.
Existing development and community plan. That the development
proposed is at a scale and density consistent with existincj development
and with the Master Plan of the Town of Southold.
Aesthetic considerations. The design of all structures shall be compatible
With that of surrour, dincJ structures. Compatibility shall be determined
by a review of proposed (1] use of materials, (2) scale, (3) mass,
(qb heiqht, (5) color, (6} texture, and (7} location of the structure
or structures on the site.
Handicapped access. The site plan and buildinc~ desicjn shall accommodate
the needs of the handicapped and be in conformance with the State
standards for construction concerning the handicapped.
Energy conservation. The site plan and buildinq design shall maximize
the conservation of enerqy.
Section 100-253. Effect of approval.
No buildin~ permit shall be issued for any structure cove,'ed by this
~'rticle until an approved site development i)lan or appro'~ea-amend~e~tt
of any such plan has been secured by the applicant from the I'la_nnin(j
Board and presented to the 13uilding Inspector.
-93-
B. No certificate of occupancy will be issued for any .structure or use of
land covered by this article unless the structure ~s 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 ar~¥ matter recluirincJ re,fe~..~,l
to the Suffolk County Plan~;nc~ Commission, then the matter snau e
referred, pr or to fna act on by the Planninc~ Board, to the Suffolk
County Planninc.1 Commission in accordance with the applicable provisions
of law.
Section 100- 2Sq.
A. Presubmissien conference. Prior to the submission of a site development
-- plan the applicant or his accent shall meet with the Ptannincj Board.
The purpose of such conference shall be to discuss proposed uses or
development in order to determine which of the site development pla.
elements shall be submitted to the Plannincj Board in order for said
Board to determine conformity with the prowsions and intent of this
chapter.
B. Waiver of required information. Upon flndincjs by the Planninc} Board
that, due to special conditions peculiar to a site, certain of the information
normally recruited as part of the site plan is inappropriate or unnecessary,
or that sir ct compliance with said requirements may cause extraordinary
and unl~ecessar¥ hardships the Board may vary or waive the provision
of such information provided that such variance of waiver will not have
detrimental effects on the publio health, safety or caleneral welfare, or
have the effect of nullifyinc. I the intent and purpose of the site otan
submission, Official Map, Master Plan, or this Zoninc~ Code. (See
followin~ Section 100-255 on Site Plan Elements.)
Within six {61 months foilowinc. I the presubmission conference, nine
-- copies of the site development plan application and any related information shall be submitted to the Plannincj Board. Within thirty
(30) days of receipt of the application, the Planninc.~ Board shall determine
whether said application is complete. If the Plannincj Board determines
sad abpIcation to be incomplete, it shall forthwith notify the appli4ant.
wherein said application is deficient, if a site development plan application
is not submitted within six (6) months followinc. I a presubmission conference.
another conference may be required by the PlannincJ Board.
O. If the Ptannin(~ Board determines said application to be complete, it
-- shall within ten (101 business days of such determination, solicit
comments and reviews from ail ac~encles. The Planninc~ Board shall also
send a copy of the application to solicit comments and review within
thirty (30l days of the date of referral from the Town Trustees. Town
Eric. linear, Superintendent of Hic. lhways, the Conservation Advisor,//
Commission. Buildinc~ Inspector, Fire Oistrict. or other municipal
a~lel~cy or district' pc~tentially affected by the proposed development.
Applications for condominium development shall be forwarded to the
Suffolk County Planninc~ Commission for their review and response
within thirty (30) days of the date of referral, If the County Planninc~
Commission makes a nec~ative recommendation, a Town Planninc~ Board
vote of a ma ority plus one is recruited, It shall certify to the Town
Clerk that a complete app ication is on file with the Planninc. I Board.
E. No application shall be deemed complete until either a nec. retire declaration
Quality Review Act ($EQI~-,'\) as implemented by Chapter qz4 et the Town
Code. or if a positive declaration is ~nade. until a draft environmental
impact statement has been accepted by the Planninc~ Board as satisfactory
with respect to scope, content, and adec~uacy. Rec~ardtess of [he time
re~uirements of this section, reasonable time shall be provJcled for
?ompliance with SEQRA includinc~ the preparation of a final envirot~mental
~mpact statement.
-9q-
If the Planninc. I Board determines that a public hearing is necessary,
it shall schedule and hold same. Notice shall be c~ivan at least five
days prior to the dates of such hearin~l by publication in the official
Town newspaper.
Within fort~ -five (q5) of the conclusion of the hearinc~,
or the t
the whether
the and
specmcat cj Inspector
and Town Clerk and the ~roval, its
vel.
act
under
, days
shall be deemed to be approval.
Once approval has been cjranted by the Planning Board, one translucent
linen ok"mylar and six copies of the approved plan, on which all conditions
imposed by the Ptannin~ Board as part of its approval have been cleart¥
indicated, shatl be forwarded to the Chairman for his/her endorsement.
Amendments to a site development plan shall be acted upon in the same
manner as the approval of the original plan.
J. Approval of a site plan by the Plannin~ Board shall be valid for a period
-- of 36S days for the purpose of obtainincj a build/hq permit. Failure
to secure a buildinc~ permit durinc~ this period shall cause the site plan
approval to become null and void. Once a building permit has been
issued, an approved site development plan shall be valid for a period
of two (2) years from the date of approval (of the plan). All work
proposed on the plan shall be complete within two (2) years from the
date of approval unless a Ioncjer period was approved or the applicant
obtains an extension from the Planninq Board. No buildincj permit shall
be issued before approval of a site development plan has been rece~,ved
trom the fflanmnc~ Moarcl.
K. No regradin(~, clearincj, tree removal or any other work in preparation
of future use of a site may take place until site plan approval has been
received from the Planninc~ Board.
In the case of a variance application requirln(=3 a site plan approval,
the site development plan application shall be subiected to a preliminary
review in accordance with the above procedure before recommendations
are made by the Plannincj Bbard prior to action on said applications
by the Board of Appeals. Building permits issued'for variances shall
be in accordance with the conditions established by the Board of Appeals.
A statement shall be t~laced on all site plans approved by the Planninc~
Board to the effect that the owner(s) ac~ree(s) to comply with the plan
and all conditions ~oted thereon. The ret{Mired site improvements (all
roads, paving and circulation, drainacje, utilities, outdoor lic~htincj,
recreation areas, ~arbac~e collection station, landscapinc~ and screenincJ
includinc. I planting and maintenance thereof for a minimum of one year
and a maximum of three years at the discretion of the Plannin~l Board)
which are an integral part of the approved plan shall be cjuaranteed
by cash. performance bond or other acceptala{e cjuarantee approved
by the Town Board and Town Attorney. In the event that a saJtisfactory
cjuarantee is not provided within ninety (901 days of the date of the
resolution of the Planninc~ Board approvin~ the plan, said resolution
shall be deemed null and void. A cash cJuarantee can be for 504 of the
~mprovements, but a bond or other c~uarantee shall be for 100% of the
cost of the improvements.
~~-; sal wot enumerated
pro err own
h~oning
to t , the
~utt~n~ up the.requ~re,d ..
~~'Hced by ~esolution
de.sit. 5aid surety bond or cash deposit may u.
of the Town Board u~n the certification of the Town Engineer that
one or ~re oart cu ar items requ red. by the Town Board have been
satisfactoril~comoleted. Such reduction shall be in the ratio that the
~nmn~eted item or'items bear to the total estimated cost of the require, I
· ' - ~- :--tallation of a imarovements shall be under the
di~t supervision of a New York State registered archmtect or pr . ·
engineer.
To obtain a buildin~ permit, an applicant shall provide to the Buildin~
Insoector oroof of Town Board acceptance of ~uarantee. No part of
them~uara~tee shaU be ?eleas~ until all requirements
inclu~in~ the construction of site improvements ms completeo, ~nspec:e
and approved ~ the Town.
The site dove opment improvements shall be fully completed in accordance
w th the a~prov~ plan before any new buildin~ or structure shown
on the approved site plan is ~cupied or any existin~ buildin~
S~tion 100-28a on Certificates of Occupant%.
6uildin~ shall be occupi~ until a certlhcate of occupancy has been
issued.
Section 100-255. Site plan elements.
Ao
Submission
a complete site plan application shatl consist of:
1. a complete site plan application form.
2. site plan review fee, as specified in subsection B betow.
3. an env ronmenta assessment form, part one, for ail Type t actions,
or actions that may have a siclnificant environmental impact. See
Southold Environmental quali~t¥ Review Law.
a_.:. site plan(s).
Fee
The site plan review and inspection fee is based on the area contained
Within the site plan. Such fee shall be computed on the basis of 50.05
per sc~uare foot of area within the site plan property limits, less buildinc~
coverac~e.
Site Plan
The applicant s Jail submit a site plan at a minimum scale of one inch
~ualS 40 feet to be prepared by a New York State licensed ArchiteL[,
~ndscal3e Architect, Civil Engineer or ~urve~or. The s~te plan shall
i~clude 'those of the elements listed here~n which are appropriate to
the proposed development or uses as indicated by the Planninc~ Bo. rd
th the pre_,s._,hmission conference. This information, in tota. shall
constitute the site plan. Multiple sheets may be utilized to pres~.'~t
tTqe information recruited.
-96-
Lecjal
j.
Lot, block and section number, if an)', of the property taken
~rom the latest tax records.
Name and address of the person, firm or orc~anization preparinc~
the map, sealed with the applicable New York State license
seal and sit, nature.
Date, North point and written and qraphic scale.
Prooert¥ description shall be prepared by a licensed Surveyor
or ~ivil Enc~ineer. The site plan may reference a land surveyor's
map or base reference map. All distances shall be in feet
and hundredths of a f~ot. All anemias shall be c~iven to tl,e
exceed one in I0,000.
The locations, names and existinc~ widths of adjacent streets
A separate map of location and owners of all adioininc. I lands,
w~trt~n 500 feet as shown on the latest tax-recoros, at a scale
of one inch ec~uals 100 feet.
Location, width and purpose of all existinc~ and proposed
public use within or adioinincj the property.
A complete outline of existinc~ easements, deed restrictions
or covenants appiyincJ to the property.
Existinc~ zoninc~, includincj zone lines and dimensions.
Natural features.
a. Existtnc~ contours with intervals of two feet or less, referred
-- to mean sea levet as per USGS datum.
b. Approximate boundaries of any areas subiect to floodinc~ or
-- storm water overflows; tidal bays, ponds, and marshes,
Freshwater bodies and wetlands and streams.
C. I ~ation of existincj natural ~eatures enumerated i~ subsection
-- O of Section 100-252. and any other sic~nificant exiatincj
natural features such as rock outcrops and trees with a
diameter of eic~ht inches or more measured three feet above
d. Location of any existinc~ cultural features enumerated in
b. Paved areas includin9 parkincj areas, sidewalks, and vehicular
~ access between the site and public streets.
- 97-
Locations, dimensions, cjrades, and flow direction of any
exiatinc, i culverts, water lines, sewer lines or sewage
disposal systems, as well as other undercJround ancl above
c. lround utility poles and utility lines within and adiacent to
the property.
d. Other existing development features or strucutres, including
~ fences, landscapinc~ and screening.
e. The location and use of all buildings and structures within
200 feet of the boundary of the subiect property.
a...L Proposed development.
The location of proposed buildings or structural improvements,
indicating setbacks from all property lines and horizontal
distances from existincj structures.
bo
The location and desicjn of all uses not rec~uiring structures,
such as off-street parking and [oadincj areas and pedestrian
circulation.
Co
do
The location, direction, power and time of use for arty proposed
outdoor lighting or public address systems.
The location and plans for any outdoor signs which must be
in accordance with applicable sign regulations.
Paving. curbs, sidewalks, drainac~e structures, fencing,
gradinc~ and drainac}e plans shall be in conformance with the
Town of $outhold hic.~hwa¥ standards.
Gradir~l and drainage plans shall be based upon site rainstorm
retention, in conformance with the Town of $outhold highway
standards, contours and spot .c}rade elevations to be provided.
Landscaping, bufferlnc~ and street tree plans includinc, i
material size, cluantitY and location. A list of piantincjs shall
also I~e shown, as per the Town of Southold hiqhway standards.
Location of water and sewer mains, electrical service and
cablevision installations, location of water valves and
hydrant and/or any alternate means o~ water supply and
sewacje disposal and treatment.
i. An indication that ail storaqe areas for materials, vehictes,
supplies, p.r..oaucts, or ec~uipment shaU be located in either
a side or r~ar yard and that such areas are adec~uately fenced
If the site development plan indicates only a first stage, a
supplementary plan may indicate ultimate development.
-98-
28.
Chapter t00 is amended by adding a new Articte thereto, to be Article XXVI,
to provide as follows:
ARTICLE XXVI
Special Excepllon Uses
Section 100- 260. Purpose.
The provisions of this article are designed to provide for administrative
review of selected types of proposed land uses. Certain uses which are
allowable under zonincj are nevertheless so llk~ly to sicdnificantly affect their
surroundings that they rec~ulre individual review to assure compatibili~__y_ with
~'~istinc. I land use patterns, community character and the natural environment,
before bein~l permitted to come into existence. Similarly. certain authorized
uses may take on such diverse forms in their actual implementation that it
is wise to review and pass upon the adherence of each individual proposal
to standards and ~luidelines previously established for the use involved.
F nelly the case-by-case review achieved by use of the special exception
approval mechanism can increase the flexibility and appropriateness of local
development review, and better enaiole local officials to avoid ne~latiye.
consec{uences which sometimes arise from the otherwise lawful development
or use of a particular site.
Section 100-261. Special exception uses.
There is hereby created a catec~ory of land use approval to be known as
special exception uses. Said uses may not be commenced, created, und~.-taken,
carried out or thereafter maintaineq or substantially expanded without a special
exception approval first havinc~ been obtained therefor, which special exceptio..
approval shall have been c, lranted for the use either by the Planning Board,
the Zoninc, I Board of Appeals or the Town Board, accordin~l to the provisions
for the particular special exception use set forth in this article or elsewhere
in this chapter. Any [and use, including .the erection, construction,
reconstruct on, alteration, demolition, mowng, convers~0n or change, of use
of any structure shall be a special,exception use reclu~r~n9 a s~3eclal excaptmn
approve f the text of this chapter or the Use Schedule hereof, denotes
the use as being either the subiect of a special exception approval or
a special exception use. No building permit for any such special exception
use shall be issued until the required special exception approval shall have
been ,c. lranted for the same. and the conditions imposed in such approval as
prerec{uisites to a building permit, if there be any, have been met.
Section 100-262. Rules of conduct and procedure for special exception uses.
A, An application for a special exception approval shall be on the form
for same provided by the Building Inspector, and shall be submitted
in triplicate, together with the fee of $75.00. to the BuiJdinc. I Inspector
who shall review the application for completeness and conformity with
this chapter. The Buildin~ inspector shatl reject the application if~
is not complete or not in conformance, and shall notify the a~
as to the reason for such reiection. If the application is satisfactory,
the applicant and the ~auildin~l Inspector shall forward the applicatio.,s
to the board havinC~ jurisdiction [hereof.
B. Prior to takinc~ action on any special exception use, the board havinc~
~ jurisdiction thereof shall schedule a public hearinc~ within lorry-five
(q5) days after determination that the a~313iication is complete. Within
slxt (60) days followinc~ the close of the public hearing, [he board
shai~ render a decision on the application.
-99-
C. Effect of approval. A special exception approval issued in accordance
-- with the provisions of this article shall authorize only the special
exception use for which the approval is granted. No use which is
not a special exception use hereunder shall be authorized by any such
approval. The approval may include reasonable conditions which the
board determines to be necessary or appropriate to insure that the
applicable general and specific standards and safec~uards set forth in
this chapter for the use can and will be met and/or adhered to, A
special exception approval shall be valid for a period of six
months, but may be extended for one (1) additional six (6) month
period by the issuinc, I board without the requirement of new public
notice of hearth9. A continuin9 or permanent land use authorized by
a special exception approval which use is undertaken or bec:jun durinc, I
the period of validity of such approval shall thereafter be deemed a
lawful use. as if the same were permitted by this chapter without need
for a special exception permit; provided however, that:
(1) All conditions imposed by the special exception approval shall continue to
apply, unless by their express terms are of limited duration.
t2) All conditions imposed on special exception approval uses c~enerally
or specifically by this chapter shall continue to apply, rec~ardless
of whether any such conditions were expressly incorporated into
the special exception approval.
(3) The board which issues the special exception approval shall retain
continuing jurisdiction over the same.
O._L, Violations of conditions. A violation of any limitation or condition of
a special exception approval, or of any provision of this chapter
applicable to a special exception use. shall constitute a violation of this
chapter. The board which approves any special exception use shall
retain iurisdiction, and shall have the right, after a public hearinc~.
to modify, suspend or revoke such approval, or any term or condition
thereo{, or to impose thereon one or more new conditions, all on the
followin9 grounds:
(1) False statements or mistake of material fact. MateriaU¥ false or
inaccurate statements in the application, supporting papers or
supportinc, I testimony, or ~c~norance or misunderstandin~ of a
material fact by the board, which fact. had it been known to the
board at the time of its r~view, would have resulted in a denial
of the approval souc~ht.
(2__~.) Non-compliance with the terms and conditions of such approval.
Failure of the applicant-perm/tee to comply with any conditions
or terms of the approval.
(3) Activity beyond such approval. Exceeding the scope of the activity
~ use or proiect as :he same was described tn the application.
No special exception approval shall be c~ranted unless the board havinc~
iurls~iction ther'eof specifically rinds end determines the (oTl~winq; -
That the use will not prevent the orderly and reasonable use of adiacent
properties or of properties in ad;acent use districts.
That the use will not prevent the orderly and reusonable use of DermHted
or lethally established uses in the district wherein ~he proposed use
is to L)e located, or of permitted or legally establisi~ed 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 propo~'ed
use and its location.
O. That the use will he in harmony with and promote the cjeneral purposes
and intent of this chapter.
E_.L. That the use will be compatible with its surroundinc, ls and with the character
of the neicjhborhood and of the community in cjeneral, particularly with
rec~ard to visibility, scale and overall appearance.
F. That all proposed structures, equipment and material shall be readily
accessible for fire and police protection.
Section 100-26zi. Matters to be Considered
In makincj such determination, consideration shall also be c. liVen, amonc~ other
thin(~s, 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.
B. The conservation of property values and the encouracjement of the most
-- appropriate uses of land.
C. The effect that the location of the proposed use and the location that
vehicular traffic conc. lestion on public streets, highways, or sidewalks
to assure the public safety.
D. The availability of adequate and proper public or private water supply
-- and facilities for the treatment, removal or discharc~e 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 g. live off obnoxious c~ases, odors, smoke or soot.
Whether the use will cause disturbing emissions of electrical discharges,
dust, IIc~ht0 vibration or noise.
Whether the operation in pursuance of the use will cause undue interference
with the orderly enioyment by the public of parkincj or of recreational
foci t es, if existing or if proposed by the town or by other compete.it
c~overnmentat a~encies,
H. The necess ty for bituminous-surfaced space for purposes of off-street
-- parkinc~ of vehicles incidental to the use, and whether such space is
reasonat31y adequate and appropriate and can he furnished 13¥ the owner
~Ot sought tO be used within or adiacent to the plot wherein
the use shall be located.
I. Whether a hazard to tii~e, limb or pro~3ert~ because of fire, flood, erosion
-- or panic may be created by reason otor as a result of the use, or hy
the structures to be used therefor, or by the inaccessibility of the p, opert¥
or structures thereon for the convenient entry and operation of fire
and other emerqenc¥ apparatus, or by the undue concentration or .~sembiac~e
of persons upon such plot.
--' overcrowding of land or undue concentration of 13ot)uluil~-n~
K. Whether the plot area is sufficiunt, appropriate and adequate for
-- use and the reasonably anticipated operation and expansion thereuf.
-t01-
M__L. Whether the site of the proposed use is particularly suitable for such
Whether adequate buffer yards and screeninc. I can and will be provided
to protect adiacent properties and land uses from possible detrimental
impacts of the proposed use.
Whether adequate provision can and will be made for the collection and
disposal of storm water runoff, sewac~e, refuse, and other liquid, solid
or gaseous waste which the proposed use will cjenerate.
Whether the natural characteristics of the site are such that the proposed
use may be introduced there without undue disturbance or disruption
of important natural features, systems or processes, and without risk
of pollution to groundwater and surface waters on and off the site.
Section 100-265. Additional conditions and safecjuards.
In decidinc~ on any application for a special exception use, the board havinc. I
iurisdiction thereof ma~/ impose such conditions and safecjuards as it deems
necessary or appropriate to preserve and protect the spirit and the obiectives
of this chapter.
-102-
29.
Article XII, ss renumbered Article XXV[I is hereby amended to read aa follows:
ARTICLE [XIII XXVII
Board of Appeals
Section [leO-t201 100-270,. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five
members, as provided by Town Law.
Section [100-1211 100-271. 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:
A. Appeals. To hear and decide appeais from and review any order,
requirement, decision or determination made by the Building Inspector.
B. Variances. Where there are practical difficulties or unnecessary 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 this chapter shall be observed, 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:
[1) Before such approval shall be given, the Board of Appeals shall
determine:
ia} 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 reasonaJ31e use
of permitted or legally established uses in the district wherein
the proposed use is to be located, or of permitted or
established uses in adiacent use districts.
(c} That the safety,'the health, the welfare, the comfort, the
convenience or the order of [he 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
cjive consideration, among other things, to:
fa) The character of the existing and probable development
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 e~couragement
of the most appropriate uses of land.
(c) The effect that the location of time proposed use ~nay have
upon the creation or undue i~crease of vehicular traffic
congestion on public streets or highways.
-103-
(fi
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.
Whether the use or the materials incidental thereto or produced
thereby may give off obnoxious gasea, odors, smoke or soot.
Whether the use will cause disturbing emissions of electrical
discharges, dust, light, vibration or noise.
Whether the operation Jn pursuance of the use will cause
undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if
proposed by the town or by other competent governmental
agencies.
The necessity for bituminous-surfaced space for purposes
of off-street parking of vehicles incidental 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 adiacent to the plot wherein the use shall be
located.
(ii
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 inaccessibility 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.
ti)
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
~r the use and the reasonably anticipated operation and
expansion thereof.
Whether the use to be operated is reasonably near to a church,
school, theater, recreational area or other place of public
assembly.~
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:
Determine the meaning of any provision in this chapter or of any
of this chapter.
(2) Determine the exact location of any district boundary shown on
the Building Zone Map.
Section il00 1221 lQ0 272. Additional conditions and safeguards.
Section (100-1231 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its own rules
of conduct and procedure.
Section [100-12q1 -100'27u~. Fees,
All applications to the Board of Appeals for any relief herein shall be
accompanied by a fee of 'one hundred fifty dollars
Section [.100-12S1 100-275. Notice of hearing.
A. In all cases where the Board of Appeals is required to hold a public
hearing, in addition to the notice of such hearing requLred by law, a
written notice containing the following information shall be sent by the
person petJ~:Joning such 8card. or his agent, by either certified or
registered ~tail, to every owner of property immediately adjacent
thereto, n the avant that any pet richer owns or has any interest in
any property immediately ad acant to the property wh ch is the subject
of such petition, then written notice shall also be given to the owners
of the property ac~jac, ant to such otb'er property of the petitioner. For
the purpose.of this section, the words "ownera or "property ownera
mean the owner as shown on the current assessment roil of the Town
of Southold. The notice required by this section shall be mailed by the
petitioner, or his agent, within five (S) days preceding the filing of -
the petition in the Town Clark~s office. Proof of mailing of such notices
in the form of a sworn statement shall be fiie~ 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 railer, as tt~e caae may toe.
(2}A description sufficient to identify the property which is the
subject ct' the petition..
(3) The zone district classificatio~ of such property.
(~)- A detailed statement of the railer sought by the petitioner.
($1 The provisions of the zoning ~aw applicable to the relief sought
by the petitioner..
resent'that wlthJr~ five (5} days such petition will be filea in the
(G) Asta own Clerk~s office, Main Road, $outhoid New York,
$outhold T ·
and may than be examined during regular office hours.
(71 A statement that a public hearing with respect to Such petition
must be held I~y the Board of Appeals of the Town of $outhold
before the relief s~ught can ~e granted; that the person to whom
the notice Is addressed, or his representative, has trte rigt)t to
appear and be heard at such hearing; and that a notice of such
hearing will toe pui~llshed in the a(flcial town newspaper not les~,
than five (S) days prior to such pul~tlc hearing.
B. In lieu of complying with the provisions of this section, written
may toe filed with the Town Clerk at the time of f~llng the petition.
C. Failure to comply with the provtsiona ~'f this section shall not affect
the valiclity Of any action taken Oy the aoard of Appeals.
-105-
30. Article XIV, as renumbered Article XXVIII is hereby amended to read as
follows:
ARTICLE JXlV] XXVlII
Administration and Enforcement
Section [I00-1q01 100-280. Administrative and enforcing officer.
Ab
It shall be the duty of the Building Inspector and such deputies and
assistants as may be appointed by the Town Board to administer and
enforce the provisions of this chapter and of all rules, conditions and
requirements adopted or specified pursuant thereto.
The Building inspector and/or his 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 conferred upon them by law. He
shall maintain files of all applications for buildinc~ permits and
submitted therewith and for certificates of occupancy and records of
all buildincj permits and certificates of occupancy issued by him, which
files and records shall be open to public inspection and to perform such
other acts necessary for the enforcement of this chapter as is conferred
upon them by law.
Said Building Inspector shall keeJ~ a record of every identifiable complaint
of a violation of any of the provisions of this chapter, and of the action
taken on each such complaint, which records shall be public records.
He shall report to the Town Board, at intervals of not cjreater than
three (3) months, summarizing for the period since his previous report
all buildincj permits and certificates of occupancy issued by him and
all complaints of violations and the action taken by him thereon.
O. The Buildincj inspector shall make the necessary inspections for the
purpose of ascertaining whether or not existincj conditions comply with
the provisions of this chapter.
E_:. At the request of the Town Board, the Buildinc~ Inspector shall inspect
any premises for the purpose of ascertaminc~ whether or not existing
conditions compt¥ with the provisions of this chaoter and reoort in
writing, to said I;loard the results of his findincjs'.
At the request of the Planninc~ Board. the Buildin~l inspector shall
review site plan applications for compliance with this chapter and
requirements established in the presubmission conference.
Section [100-1qll I00-281. Building permits.
No building in any district shall be erected, reconstructed, restored, moved
or structurally altered without a building permit duty issued upon application
to the Building Inspector. No building permit shall be issued unless the
proposed construction or use 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 snail be invalid.
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.
-106-
If the Building Inspector 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.
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, except in the case of the
alterations of a buildincj which do not affect the exterior thereof.
{2} The section, block and lot numbers, if any, as they appear on the
latest tax records.
(3) ' The exact size and locations on the lot of the proposed budding
or buildings or structural alteration of an existing building and
of other existing ~s on the same lot.
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 and adiacent lots.
{5} The existing and intended use of all buildings, existing or proposed,
the use of [and and the number of dwetling units the building is
designed to accommodate; and the necessary computations to
establish conformity to the bulk and density recjutations.
(6) Such topographic or other information with regard to the building,
the {et or neighboring lots, as may be necessary to determine that
the proposed construction will conform to the provisions of this
chapter.
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
Section 280-a Of the Town Law.
Ne 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.
No building permit shall be issued for a building in any district where such
use is permitted by special exception unless and until such approval has been
duly granted by the board bovine] iurisdiction thereof.
No building permit shall be issued for any building until approval has been
received from the Suffolk County Department of Health Services for the
proposed water supp y~d sewage disposal system.
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 copy of all filed documents to the applicant.
The Building Inspector shall, within ten (10) business days after the filing
of a complete and properly prepared application, either issue or deny a
building permit, if a building permit is denied, the 8uilding Inspector shall
state in writing to the applicant the reasons for such denial.
Every building permit shall expire if the work authorized has not commenced
within 12 months after the date of issuance, or has not been completed within
18 months from such date. If no zoning amendments or other regulations
affecting the property have been enacted in the interim, the Building
Inspector may authorize, in writing, the extension of the permit for an
additional six months. Thereafter, a new permit 5hail be requ,-ed.
-107-
Je
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 Io~stion 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.
Permit fees.
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 appiicat~n is approved or returned to the appli-
cant if the application is denied:
(a) $ingle- ~amily dwellings:
(I) New dwellings and additions to existing dwellings: fifty dollars
[SSG.) plus fifteen cents (S0.1S) for each square foot of floor
area in excess of eight hundred fifty (850) square feet.
{ii) Accessory buildings and additions and alterations [o existing
accessory buildings: , twenty-five dollars (S25.) plus fifteen
cents ($0.15} for each square foot of floor area in excess of
five hundred (500) square feet.,
(b) Farm buildings and additions and alterations to existing farm buildings:
fifty dollars ($50.} for each building.
(c} Hotel. motel, multiple dwellings and business. Industrial and all other
buildings: .
fi) New buildings and additions and alterations to existing buildings:
one hundred dollars ($100.) plus twenty cents (S0.20) for each
square foot of floor area in excess of one thousand (3,0001 square
feet.
(ii) Accessory buildings and additions and alterations to existing
accessory buildings: twenty-five dollars (S25.) plus fifteen cents
($0.151 for each square foot of floor area in excess of five hun-
dred ($00! square feet.
(d} Foundations constructed under existing buildings: seventy-five
-dollars
(e) Swimming pools, together with required enclosure fencing: one hundre¢
fifty dollars (S150.}.
(f} All other structures C[.e., fences, etc.~ and additions and alterations
to such structures: twenty-five dollars ($25.].
(g) Signs: Tho fee for ali signs, except signs permitted by ~ 10O-3OC[9)(z
shall be OhO dollar (31.00) for each square foot of sign area, with a
minimum fao of twenty-five dollars ($25.).
(h) Demolition and/or removal and/or relocation of any building: ten dollar
($10.) minimum and five cents (SO.OS) for each square foot in excess
three hundred C380) square feet of floor area.
For the purposes of this'Subsection J, cellars, decks, attached garages
and any habitable area shall be included in [he calculation of floor area.
(2)
Section 1180-1q21 100-282. Revocation o( permit.
The ~uilding inspector may revoke a building permit thereto[ore issuect and
-108-
B. Where he finds that the building permit wes Issued in error and should
not have been laaued In accordance with the applicable law.
C. Where he finds that the work performed under the permit is not being
prosecuted In accordanco with the provisions of the application, plans
or specifications.
D. Where the person to whom s building permit has been issued fails
or re[uses to comply with a stop order issu~ by the Building Inspector.
Section [100-1q3.] ?0-'28L Stop orders, . ::
work on any ~ulldlng or structure is being pros~ut~ in violation o( the
previsions of the applicable law, ordlna~ca~ or reguiationl, or not in
conformity with the p~viaians o( an application, plan~ or specifications
on the basis of which a building permit was issued, or in an unsafe and
dangerous manner, ha shall notify the owner of the property, or the
. owner's agent or the person perfo~in~ the work, to suspen~ ail building
shall be in writing and shall state the ~nditlons un~e~ which the work
may be r~umed, and may be Serve~ upon a person to whom it is dirtied
either by delivering it personally to him or by ~stlng the same upon a
~nspicuous ~rtton of the building under construction and sending a copy
of the aame ~y certified mail.'
S~tlon [100-I~a.] I00-28a.. Certificates of occupancy.
A. A certif~cate of occupancy s~ll be a~plied fo~ from the Building
{nsp~or and it shall be unlawful to ~o any of t~e following until
a certificate of occupancy is issue~ therefor, to wit:
(1) O~upancy and use o( a building er~ted, ~onstructed. restored,
structuaHy altere~ or move~, o~ any c~ange in use of an existing
building.
(2) Occupancy, use of a~y change in the use of any [and.
( ~ Any change in use of a nonconforming use.
No certifl~te ef ~cupancy shall ,be issued for the use o( a ~uilding
or lands requiring a special exertion approval or special
permit, or for any tend use requiring a si[e plan
approval by the Pl~ing B~r~, unless and until such special
except on er special perm t ~p~oval or ste plan 'approval has been
duty granted. Eve~ certificate o~ccupancy for'which a special
exception, special permit or site plan approval has been granted.
o( Appeals, s~aJl contain a detail~ statement of any condition to
whiG~ the same [~ subject.
~uiidin~ Inspector for a new ~uilding or ~ an existing Ouii~ing
:~q t~ation of L~e ~uii~ing as ~uiit. 5uc~ certificate s~all De [ssue~
within ten days after receipt of the proper[~ completed application,
provid~ t~at the application states that ali ~equ~rements of ail o(her
applicable codes or ordinances in effect are complied with.
-109-
O. If the proposed use is in conformity with the provisions of this chapter
and ali oihar applicable codas and ordinances, a car~.ificata of occupancy
for the use o( vacant land or for a change of usa or a nonconforming
use shall be issued by tho Building Inspector within tan days after
recalpt of a properly completed ·ppllcation. If a certificate o(
occupancy is denied, the Building inspector shall state the reasons
therefor in wrl(Ing to the applicant.
E, Every application for · certificate of occupancy or · temporary
certificate of occupancy shall be accompani~ ~y ~he fee herein-
· fter spittle. Copies of s~h certificate will be issued upon thee
payment of ~he fee hereinafter
F. A certificate of occupancy sh·ll be deemed to ·uthorize and is required
for ~h initial occupancy and use of the Building or land co which
it applies.
Upon wrttc~n r~uest ~nd u~n payment of the fee hereinafter
specifiC, ~hl ~ulldlng lnspec~dr shall, ·flor inspection, issue
a certificate of ~cupancy for any bulldin~ or use ~her~f or of
land existing at the time of the adoption of ~hts chapter, or any
same and the ~uildJng conform Co the provisions of this chapter.
H. A record of all certificates of ~cupancy shall be kept in the office
of the Building Inspector, and co~ies shall ~e furnished on request
to any a~ency ~f the Town o~ to an~ persons having an interest [n
the building or land affected'.
Certificate of occupancy fees. The following fees shall be paid upon
the filing ~f an appl~tion with the Building Inspector for a certificate
of occupancy, w~ich fees shall be paid into the generat fund if the
appii~tion is approved, or returned to the appli~nt if the appli~ttoF
is deni~:
fa)Business buildings and/or business uses and additions and
tions thereto: fifty dollars
(b) New dwellings and additions and alterations thereto: twemy-fiYe
dollars ($~5.).
Accessory buildings and additions and alterations thereto:
twenty-five dollars (~25.).
(d) P~e-existing dwellings: fifty dollars
(e) Vacant Land; twenty dollars
(f} Updated certificates of occupancy by reason of aQditions or altera-
tions; fifty dollars (550.).
(glCopie~ of certifl~te~'of occupancy issu~ five or [ess years
five dollars
(h) C~ptes of cer~ifi~tes of o~upancy issue' more than five ~ears
Section [100-I~51 100-285. Penalties for offenses.
A. For each offense against any of the provisions of this c~apter or any
regulations made pursuant there:o or for failure to-comply with a
wri[ten notice or or,er of any ~uHding inspector within t~e time
fixed for comDliance t~erewlt~, t~e owne~, occupant,
or w~o s~all fail co ~mDiy wit~ a written or~e~ or notice of any
Building inspector shaH, u~n a first conviction t~ereof, ~e ~uiity
of a violation punls~able by a f~ne of not exceeding five ~un~e~
dollars (~500.~ or ~y imprtsonmenc for a period hoc to exceeq fifteen
[15) days, or ~t~. Eac~ day on w~ich such violation s~ail occuc
shall constitute a separate, additional offense. For a second an~
subsequent ~nviction within eighteen C 18} months t~e~eafter, such
per~n shall be guilty of a violation punishable by a fine not exceeding
one thousand five hundr~ dollars (~1 ~ 500. ) or by imprisonment for
a period not to exce~ fifteen (15) ~ays, or by ~oth such fine
-110-
Section [100-1~7] I00°2~6. Ramedias.~..
altered, repalra<~, converted or maintained, or any ~uildin~. structure
o~ land is used. In v[olaUon of thl~ c~pter or of any re~iatlons made
pursuant thereto, In a~O[~ion to Qther remeOSes provi~ ~y law, any.
sai~ ~uil~in~, ~truc~ure or ~and, or to prevent any illegal ac~, conduct.
31. ArOcle XV, ts renum~ered Article XXIX'~nd S~0ons 100-150, 10~-161
100-152 ther~f are renum~er~ 100-2~0, ~00-2~1 aha ~00-292 ~.esp~tlvety.
32. Article XVI of Chapter 100~ aa add~ by ~aJ Law No, lq, 1985, entitled
"A L~al ~w to'p~vide for a Mora~rium in certain usa Districts" is hereby
r~pealed. ,'? ~ · ",' "' ,
33. Said Chapter 100 is hereby amend~ by adding a new Article thereto to be
Article XXX to provide as foilow~': '-' ,,,,: ,' "- ' '
ARTICLE XX~.
Severablllty
S~tion 100-300:.
3~. This ~l ~w shall take eff~t u~n Its fliln~ with the S~reta~ of State,
APPENDIX C
REPRINT FROM LIRPB
NON-POINT SOURCE HANDBOOK
ON COASTAL WATERS PROTECTION
S/Il
5ZEPATOWSKI ASSOCIATES INC. £NVIRONMEN1AL CONSULTANTS
S/Il
Stud/es and environmental data have pointed to local effects rather than a
large scale pollution problem from boat wastes and usage. In the absence of fur-
ther federal guidance, the following recommendations are directed primarily
toward local involvement, with emphasis on locating potentially vulnerable
waters and preventing certain types of pollution through the education of the
boating public. These recommendations should be implemented in the Long
Island area regard/ess of any federal decisions that may be made concerning
MSDs.
Legislation, Regulations and Administration
i',lunicipal Government Involvement
· The State should encourage town actions leading to the establishment of
NYS recommended, EPA approved No-Discharge Zones.
· The municipalities, in cooperation with the State should initiate local ac-
t/on leading to the establishment of No-Discharge Zones where ap-
propriate. This designation would require holding tanks (Type III MSDst
for all live-on vessels moored in the No-Discharge Zones. The occupancy
of houseboats would be prohibited in these zones unless the houseboats
were hooked-up to an approved land based sewage treatment facility. The
following procedure is suggested.
Identify all marinas and anchorage sites located in enclosed or semi-
enclosed basins, where boating activities may have a significant impact
on water quality.
Organize and, to the extent feasible, participate in a monitoring pro-
gram with the NYSDEC, NCHD and SCDHS to identify those problem
areas where the potential impacts from boat wastes and boat uses are the
greatest.
Based upon the data developed from the above program, the NYSDEC,
the county health departments aud the towns and villages should select
and map several pilot No-Discharge Zones, inc]ud/ng one or more of the
following:
- marina and anchorage areas identified as subject to high pollutant
loadings,
- bathing beach areas
- especially productive shellfish beds
- prime marine, aquatic or other habitats.
The maps should be distributed to the boating public.
The State in cooperation with the towns should establish No-discharge
Zones as required and develop a program to manage these areas.
In conjunction with the State, the towns should apply to the EPA for
the designation of the No-discharge Zones which have been identified
above.
· The municipalities should provide informational workshops for the people
who will be responsible for the enforcement of the No-Discharge Zones.
13
· Once the No-Discharge Zones have been established, the National Oceanic
and Atmospheric Administration should map these zones on the naviga-
tional charts.
· The Coast Guard, the counties and the municipalities should jointly
resolve the question of jurisdiction over the discharges from live-aboard
vessels and houseboats in order to prevent an increasingly serious poilu-
tion problem. Pending further clarification of the responsibility for the
contrul of sanitary wastes from live-aboard vessels and houseboats per-
manently berthed or moored in local waters, the municipalities should use
all available mechanisms including but not lircfited to the imposition of re-
quirements for the hookup to approved land based treatment facilities,
the immediate termination of occupancy or remove the offending vessel or
house boat from municipal waters.
· The municipalities should also identify Limited Access Zones that include
shallow waters, wetlands, prime wildlife and marine life habitats. The
Harbor Masters or Bay Constables should direct boaters away from these
areas. Appropriate signs and markers should be provided by local
municipalities.
· The Counties and/or municipalities enact a law requiring the provision of
pump-out stations and their use, especially in or near the No-Discharge
Zones. A properly operating pump-out station should be mandatory at
marinas that accommodate over night boaters and/or full-time live.
aboards.
· The municipalities should require the provision of adequate trash receptacles
at marinas, boat ramps and near anchorage areas, and should prohibit the
discarding of any trash or garbage other than in proper receptacles.
· The Counties and/or towns should encourage proper maintenance pro-
cedures at marine fuel docks to prevent needless overflow into the adjoin-
lng waterways.
· The towns should require owners to prevent runoff to surface waters from
all new development in shoreline areas, including marinas and boat yards
in order to reduce the contamination from land- based sources. The direct
discharge of stormwater runoff containing oil products should be pro-
hibited. A stormwater management plan should be required by the towns
before the Site Clearance and Building Permit is given.
(See Stormwater and Site Plan Review Chapters~.
Public Education
· The U.S. Coast Guard and the Power Squadron should utilize their
boating courses to promote public awareness of the impacts of boat poilu-
tion and boat operation in Nassau and Suffolk Counties.
· The N.Y.S. Dept. of Motor Vehicles should include educational pamphlets
describing the environmental impacts associated with boating activities
as part of its mailing of new boat registrations and renewals.
· The towns should alert boaters to the designation of No-discharge Zones
in their region and should provide a clear description of the conditions
and restrictions associated with these Zones.
14
APPENDIX D
INDUSTRIAL PERFORMANCE STANDARDS
TOWN OF BROOKHAVEN AND
SUFFOLK COUNTY DEPARTMENT OF
HEALTH SERVICES
· ,ZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS
S/Il
The wording below contains the performance standards being
used by the Town of Brookhaven covering the development and
operation of industrial activities in the 208 Deep Aquifer
Recharge Areas and the Special Groundwater Protection Districts
in that town.
All proposed actions within are to be considered as having a potenti~ly
significant effect on the environment which will require notification and
coardinated review, with possible preparation of an Environmental lin-
pact Statement, pursuant to the State Environmental Quality Review
Ac& N.Y. ECL § 8-0101 et. seq. (SEQRA] and the Rules and Regulations
issued thereunder of NYCRR, Part 61Z Actions as used in this
paragraph shall have the meaning set forth in Part 61Z2(b].
All changes in tenants or occupants and new tenancy or occupancy
and/or existing tenant or occupant industrial process changes will also
~equire notification and coordinated review and possible preparation of
an Environmental Impact Statement pursuant to SEQRA and Part 617'
provided, however, that this paragraph shall not apply to changes in
tenants or occupants and space that is used or occupied exclusively for
Offices.
Landscaped areas are to be covered using grass, shrub or tree species
that have low nitrogen requirements and that are disease and insect
resistant. Native plant species are to be used where appropriate.
All industries are to provide access to appropriate government inspec-
tors during normal working hours.
JVo industrial discharges into the ground shall be permitted, whether by
floor drains or otherwise. No permit for a State Pollutant Discharge
Elimination System (SPDES} shall be issued except for non-contact cool.
lng water and sanitary sewage disposal systems malntuined on the
user's property. The sanitary SPDES permit application shall include
full plumbing and piping di~grarns, showing all subsurface facilities and
all internal piping fixtures and connections to the sanitary systerm No
additions to the approved system shall be added without further review
and approval by the Suffolk County Department of Health Services
(SCDHS] or the relevant successor agency, if any.
~ZEPATOWSKI ASSOCIATES lINC. ENVIRONMENTAL CONSULTANT~,
S/Il
No toxic or hazardous materials, as defined in the Suffolk County
Sanitary Code, Article 11, Section 1203, Items n and o, shall be issued
under Article 12~ Section 1206 and J207 of the Suffolk County Sanitary
Code, but facilities that comply with SecHon 1203 shall be permittea~
The building area of each lot shall not exceed thirty.five percent of such
lot's area without a sewage treatment plant for the lot or unless the
building on such lot is connected to a sewage treatment district facility;
provided, however, that no such connection or sewage treatment plant
shall be required if th~ discharge of sanitary sewage does not exceed 600
gallons per day per acre of lot area or unless the property shall subse-
quently become subject to mandatory requirements for sewage system
connection by reason of its inclasion in a sewage districr
Each industrial tenant or occupant may be responsible for installation of
monitoring wells, both up-gradient and down-gradient in the ground-
water flow. The wells will be installed in conformance with the re-
quirements of the SCDHS. The number and location of the monitoring
wells shall be as reasonably directed by the SCDHS. The tenant or occu-
pant will be responsible for all costs of these services, as well as costs
for groundwater monitoring and evaluation as required by the SCDHS.
Well specifications are to be as follows:
- minimum of 4 inch well casing
- screen to be Ii) feet below groundwater level to 5 feet above Kround-
water level for a Wtal of 15 feet
- wells shall be capped, vundalproof, and accessible to SCDHS.
Ar~y violation of the above provisions stw. ll cause the violator to be
responsible for any and all legal fees and expenses incurred by the
County of Suffolk and the Town -'
The above was excerpted from the LIRPB Non-Point Source Handbook.
SZEPATOWSKI ASSOCIATES INC. £NVIRONM£N'~AL CONSULTANT%
.e ll
.4~ proposed ~c~ons within are to be considered as
si~iflc~t effect on the enrichment which w~ req~re ~n
c~r~tod review, with ~ssible prepara~n of an Envimnmen~ lin-
p~t ~tatemen~ p~s~t w the State Envimnment~ Q~ty
AcS N. E ECL ~ ~101 et. ~. (SEQ.] ~d t~ R~s
iss~d therefor of NY~, P~ 61Z Actions ~ ~ed in
pa~raph ,~l ~ve t~ men~ng set fo~h in P~t 617~(b~
All ch~ges in ten.ts ar occupants ~d new te~ or
an~ar exis~ng feint or occupant i~ust~ process
req~re ~ficat~n ~d c~r~nated review ~d ~ssible pmp~n
~ Enviwnment~ lmp~t Statement purs~nt to SEQ~ ~ P~ 61~'
p~vi~ ~wever, that this p~agraph s~l not apply
te~nts ar occupants ~d sp~e t~t is used ar occupied exclusively for
~ndscaped are~ ~e w be covered using gr~s. shrub ar tree s~cies
t~t ~ve ~w nitrogen req~rements ~d that ~e ~se~e ~d ~ect
~sist~t. Na~ve p~nt species are W be used where approp~to.
AH industries are to pmvi~ ~cess to appropriate 8ove~ment inspe~
tore during norm~ working ~ure.
No industrial discharges into the ground shall be permittoa~ whether by
floor drains or otherwise. No permit for a State Pollutant Discharge
Elimination System ($PDES) shall be issusd except for non-contact cool.
lng water and sanitary sewage disposni systems muinto~nsd on the
user's property. The sanitary SPDES permit application shall include
fidl plumblng and piping diagrams, showing all subsurface facilities and
all internal piping fixtures and connections to the sanitary systerm No
additions w the approved system shall be o~4od without further review
and approval by the Suffolk County Department of Health Services
(SCDHS/ or the relevant successor agency, if any.
No toxic or hacurdaus materials, az defined in the Suffolk County
,~anitary Code, Article lA Section 1203, Items n and o, shall be issued
under Article 12, Section 1206 and 1207 of the Suffolk County Sanitary
Code, hut facilities that comply wRh Section 1208 shall be permitted.
The building area of each lot sh~ll not exceed tMrty-five percent of such
lot's area without a sewage treatment plant for the lot or unless the
building on such lot is connected to a sewage treatment district foci~ty;
providen~ however, that no such connection or sewage treatment plant
shall be required if the disc}retie of sanitary sewage does not exceed
gallons per day per acre of lot area or unless the property shall subse-
quently become subject to mandatory requirements for sewage system
conr~cction by reason of its inclasion in a sewage districL
Each industrial tenant or occupant may be responsible for installation of
monitoring wells, both up-gradient and dawn-gradient in the ground-
water flow. ~he wells will be installed in conformance with the re-
quirements of the SGDH$. ~he number and location of the monitoring
wells shall be as reasonably directed by the SCDH$. The tenant or accu-
pant will be responsible for all costs of these services, as well us costs
for groundwater monitoring and evaluation as required by the
Well specifications are to be az follows:
- minimum of 4 inch well casing
- screen to be I0 feet below ~'~vundwater level to 5 feet above ~und.
water level for a total of 15 fosL
- wells shall be cappe~ vandalprcof, and accessible to
Any violation of the above provisions stroll cause the violator to be
responsible for any and all legal fees and expenses incurred by the
County of Suffal& and the Town'-'