HomeMy WebLinkAboutLL-1989 #09 :6/5/89"'
Date
7, 8&9
Local Law(s) No. '
; Year 1989
Municipality. Toxcn of Southotd ::
Please be advised that the above-referenced material was received and filed by
5/31/89 " ' '
this office on
Addjtion~rl forms for filing local laws witfi this office will be forwarded upon
request.,
NYS Department of State
Bureau of State Records · ·
NYS Departr,~'-'.~ of State
Bureau of~d', -.
162 Washington Avenue
Albany, NY 12231-0001
Town of Southold
Office of the Town Clerk
Town Hall
53095 Main Road
P,O. Box 1179
Southold, NY 11971
(Please Use this Form for Filing your Local Law with the Secretary of State)
Tex! of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
of Southold
Local Law No ......... .9 ............... o! the year 19..8.9 .......
A local law .............. ] .n..R..e!a. t. ip.n...to...Zp.q i.qg ................................................
(Insert title)
Be it enacted by the Town Boa rd of the
(Name of Legislative Body)
Town
me
Town of Southold
of ........................................................................... as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Article XXV (Site Plan Approval) is deleted in its entirety, and a
new Article XXV is hereby adopted to read as follows:
Section 100-250. General Requirements.
This section shall apply to every land use that is permitted in
the Town of $outhold except the single family home use on a
single and separate lot as set forth in Article 111, Section
100-31A(1), and customary non-agricultural accessory uses to a
single family residential home use as stated in the Town Code.
Any change in use or intensity of use which will affect the
characteristics of the site in terms of parking, loading, access,
drainage, open space, or utilities will require site plan
approval.
In all cases where this chapter requires approval of site
development plans by the Planning Board, no building permit shall
be issued by the Building Inspector except upon authorization of
and in conformity with the site plan approval by the Planning
Board and all other public agencies involved.
Section 100-251. Declaration of policy
A. The Town Board wishes to protect the unique rural and
open space character of the Town and hereby finds that
development within the Town, exclusive-gf the -..
incorporated Village of Greenport, should proceed along
the lines of good order and with due regard to the public interest,
including but not limited to the following: exterior design
of new or renovated structures and portions thereof;
the construction and location of parking areas, whether or
not accompanied by new building construction; changes in
the-use of existing structures; the use of open land; and
that the proposed site use would impact beneficially on
the well being of the population in general, increase
the Town's tax base, and facilitate the local economy.
{If additional space is needed, please attach sheets of the same size as this and number each)
(1)
B. It is the purpose of this section to encourage good
design and:
Protect the established character and value of the
adjoining properties, both public and private, and
of the neighborhood in which they are located.
Lessen and where possible prevent traffic
congestion on the street and highways upon which
the site fronts or which provide vehicular or
pedestrian access thereto.
3. Prevent overcrowding of land or buildings.
Secure safety from fire, flood ~nd other dangers.
and to provide adequate light, air and convenience
of access·
5. Mitigate the environmental impacts of new
development on the land, air and water resources.
Section 100-252. Objectives
In considering and acting upon site development plans,
the Planning Board shall take into consideration the
the public health, safety and welfare, the economic
impact, and the comfort and convenience of the public
in general, and the residents of the immediate
neighborhood in particular, and may prescribe
appropriate conditions and safeguards as may be
required in order that the result of its action may, to
the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the
following objectives in particular:
Traffic access: That all proposed traffic
accessways are adequate but not excessive in
number, adequate in width, grade, alignment, and
visibility, are located in proper relationship to
intersections, pedestrian crossings and other
places of public assembly and further, are in
conformance with overall traffic safety
considerations. Other public agencies may require
further improvements above and beyond the Town's
requirements. Roadway improvements not directly in
front of the site may be necessary and required,
based on overall traffic circulation and
signalization of adjacent access points and
streets. . ........
Interior circulation and parking: That adequate
off-street parking and loading spaces are provided
to satisfy the parking needs of the proposed uses
on-site, and that the interior circulation system
is so designed to provide convenient access to
such spaces consistent with pedestrian safety. And
further, that loading areas.shaH not i_rnpede the
flow of interior pedestrian and vehicular l~raffic.
Handicap accessibility shall be provided and
placed at the nearest point to the proposed
structure.
Landscaping and screening: That all parking,
service and similar areas are screened at all
seasons of the year from view of adjacent
residential districts and streets, and that the
landscaping of the site complement the intended
use. Existing trees of at least six {6") inches
or more in diameter measured three feet above the
base of the trunk shall be retained to the maximum
extent possible.
Natural features that high priority shall be
given to the:
conservation of all natural features
on and adjacent to the site, including,
but not limited to, natural
drainage courses, fresh and salt water
wetlands and marshes, dunes, bluffs,
beaches, escarpments, woodlands, large
trees, unique plant and wildlife
habitats, flood hazard areas and
wildlife breeding areas; and
protection of ground and surface
water from contamination by
pollutants; and
c. protection of air quality.
Pavement: That all other paved areas intended
for use by pedestrians and vehicles shall make use
of an aesthetically pleasing and safe combination
of pavements and plant materials which would serve
to encourage their use by pedestrians and
vehicles.
Lighting: That all outdoor lighting shall be of
such a nature and so arranged as to minimize the
projection of direct light and glare onto
adjoining properties and streets. Outdoor lighting
shall be compatible with the intended use and also
the zoning district, particularly, in or adjacent
to residential zones.
Public address intercom or sound systems: That any
sound or public address system shall be located to
minimize.sound to adjoining properties or on the
adjacent street.
Grading and Drainage: That all site developments
shall respect existing grades on site and on
adjoining sites to avoid unnecessary excavation or
filling, and that all storm-water runoff gene~'ated
on site will be retained on site in an
environmentally acceptable-manner. All grading and
drainage plans must meet with the requirements of
the Town Engineer and/or Superintendent of
Highways.
9. Public Utilities: That plans for water supply and
sewage disposal, cable, telephone, electricity,
gas, etc., shall be considered and included in
this section and shall ~onform to such public
requirements and standards as may exist.
10. Existing development and comprehensive development
plan: That the development proposed is at a scale
consistent with existing development and with the
comprehensive development plan of the Town of
Southold.
11.
12.
Architectural features: That the architectural
features of proposed buildings and signs ar~ in
character with that generally prevailing in the
neighborhood.
Handicapped access: That the site plan and
building design shall accommodate the needs of the
handicapped and be in conformance with the
applicable State and l~cal standards concerning
same.
Section 100-253. Guidelines
Ao
No building permit shall be issued for any structure or
building as defined by Chapter 100, Zoning, until an
approved site development plan or approved amendment of
any such plan has been secured by the applicant from
the Planning Board and presented to the Building
Inspector, along with all necessary approvals and
permits as may be required by other public agencies.
No regrading, clearing, tree removal or any other work
in preparation of future use of a site, except limited
clearing needed to undertake survey work or soils
investigations may take place or be permitted to take
place until the site plan has been approved by the
Planning Board.
No certificate of occupancy shall be issued for any
building, structure, premises, lot or use of land
covered by this Article unless the structure has been
completed [whether the structure is being constructed,
renovated, reconstructed, altered, moved or put into
use) and the site is developed in accordance with an
approved site development plan or approved amendment of
any such plan.
Upon request of the owner or his authorized agent for a
Certificate of Occupancy, the Building Inspector shall
issue the certificate, provided that said Building
Inspector along with the Planning Board shall find that
such building or structure and site is in conformity
with the.approved site plan.
E. After a Certificate of Occupancy is issued, there shall
be no exterior alterations of a building that expands
the footprint, or any revisions of the site, or changes
of use, without first obtaining Planning Board approval.
F. Failure to obtain site plan approval shall be a
violation of this ordinance and shall be subject to
such penalties as are set forth in 100-285 of.this'
chapter.
Upon recommendation of the Planning Board an~t
approval of the Town Attorney, the Building Inspector
may revoke an existing Certificate of Occupancy
upon a showing that the subjec~"~remises is being
occupied or used in violation of an approved site plan
and may direct that such occupancy or use be
discontinued. The Town Attorney is authorized to
commence proceedings in a court of appropriate
jurisdiction to restrain said use or occupancy.
Section 100-25B. Review Procedure.' ......
Ao
Presubmission conference. Prior to the submission of
a site development plan, the applicant or his agent
shall meet with the Planning Board or its representive.
The purpose of such conference shall be to discuss
proposed uses or development plan elements that shall
be submitted to the Planning Board in order for said
Board to determine conformity with the provisions and
intent of this Article. Said meeting shall take place
.within tl~irty (30) calendar days from the date of
written request therefor.
Bo
Co
Site Development Plan. Nine (9) copies of the site
development plan application and any related
information as defined during the presubmission
conference shall be submitted to the Planning Board
within four [~¢) months of the presubmission conference.
If a site development plan application is not submitted
within four (4) months following a presubmission
conference, another conference may be required by the
Planning Board.
Within ten [10) business days of receipt of the
application the Planning Board shall determine
whether to accept, reject or request revision of
the application.
If the Planning Board determines said application
to be acceptable, but in need of revision, it
shall notify the applicant in writing wherein said
application is deficient within thirty [30)
business days.
In the case of a variance or special exception
application requiring site plan approval, the site
development plan application shall be subjected to
preliminary review and written comments by the
Planning Board within sixty~ [60) days of such
request by the Board of Appeals.
In no case may the Planning Board grant site
plan approval prior to the issuance of a
Special Exception by the Zoning Board of
Appeals, if such is required.
Before the Plannin-g-[~oa~d can approve any
application for the amendment of a use or
structure for which a Special Exception
was granted, the applicant must obtain
permission from the Zoning Board of Appeals
to expand or otherwise alter or change,
either the use or the stuctu~e.
The Planning Board may vary or waiv~ parl~ing
requirements provided that such change will not
have a detrimental effect oh the public health,
safety, or general welfare and will not have the
effect of nullifying the intent and' provision of
the Zoning Code.
ao
o
The Planing Board may allow or require
landscaping to be installed in place of
specified parking-spaces.
Any site for which the
approval, for less than
of spaces for that use,
shall have the right to
requirements again if a
proposed.
Planning Board grants
the required number
the Planning Board
review the parking
change of use is
Review of a new site plan for a lot on which an
approved site plan already exists shall not
proceed until the approved plan is withdrawn by
the applicant.
When the Planning Board determines said application to
be acceptable, it shah within ten {10) business days
of such determination distribute said application and
documentation to the Town, County and State agencies
having jurisdiction, for tlqeir comment.
Upon receipt and review of written comments from each
of the agencies to which the proposed site plan was
distributed, the Planning Board shall within a
reasonable period of time, not to-exceed thirty [30)
days, determine whether to require revisions to the
proposed plan.
No decision on the application shall be made
until the SEQRA process is completed.
After the Planning Board has determined that the
proposed site plan is suitable for approval, it shall:
Forward the plan to the Building Inspector for
final review and certification.
Forward the plan to the Fire Commissioner of the
Fire District within which the site is located for
a determination as to whether a fire well is
needed and if so, its location.
3. Not~fy the applicant in writing to make an
application for the appropriate curb cut permits.
Submit the proposed site plan to the Suffolk County
Planning Commission in accordance with the
provision of the Suffolk County Charter, if
necessary.
Upon receipt of the Building Inspector's certification,
the Fire Commissioner,s response, the curb cut permits,
and the comments of the Suffolk County Planning
Commission, the Planning Board shall place the site
plan on the agenda of the next regularly scheduled
public meeting.
.4.
If the Planning Board determines that a public hearing
is necessary, it shall schedule and hold same. Notice
shall be given at least ten I10) days prior to the
dates of such hearing by publication in the official
Town newspaper.
I. The applicant shall, by certified mail, give at least
ten [10) days notice of said public hearing to all
adjoining property owners witin a five hundred feet
1500') radius of the proposed project. ~
J. Prier to the Planning Board's endorsement of the
site plan, the Applicant must sign a statement placed
on the site plan indicating his/her knowledge and
acceptance of the conditions of approval.
K. Amendments to an existing site plan may be act'ed upon
in the same manner as a new site plan.
L. A guarantee of performance may be required for all
public improvements as part of the conditions of
approval. Such guarantee shall be based on a listinq of
required site improvements in accordance with chap[er
A106 of this article.
Within ten I10) days of final approval a copy of the
endorsed site plan shall be sent to:
1. the Building Department
2. the Town Engineer,
3. the Town Trustees, when applicable,
4. the Highway Department,
5. the Z'oning Board of Appeals, wl~en applicable
The Planning Board shall have the right to deny the
proposed site plan for lack of compliance with the
provisions of the TOwn Code. The Planning Board shall
notify the applicant, in writing, within ten I10) days
of such determination, of the reasons for such denial.
Section 100-255 Expiration
A. An approved site development plan shall be valid for a
period of three 13) years from the date of approval.
All work proposed on the plan shall be complete within
three 13)years from the date of approval unless a
longer period was approved or the aPplicant obtains an
extension from the Planning Board.
B. All site plans which have received final approval prior
to the enactment of this ordinance shall remain valid
for a period of three (3) years from the date of such
enactment. This period will begin when all
governmental approvals have been obtained.
Section 100-256. Application elements.
A. Submission of a complete site plan application shall
consist of:
1. A completed site plan application form.
2. Site plan review fee. as specified in subsection
B. below.
3. A completed Environmental Assessment Form
4. Nine copies of the site plan.
5. Four copies of a property survey, certified by a
licensed land surveyor.
Fees
Tile application fee for a new site plan shall be
one hundred and fifty dollars 15150) per acre or
any fraction of an acre thereof, plus two
one-half cents 12.5¢) per square foot'Of building
area.
The application fee for a revised site plan shall
be one hundred and fifty dollars 15150.00) plus
two and one-half cents [2.5¢) per square foot of
building area.
C. Standards
Site plan design shall include the following items:
a. Technical Data
Lot. block and section number, of the
property taken from the latest tax
records,
Name and address of the land owner on
record;
a. Name and address of-adjoining land
owners.
b. Name and address of applicant, if
not the same as the land owners.
Name and address of the person, firm
or organization preparing the map.
sealed with the applicable New York
State license seal and signature.
Date. graphic scale. North point.
whether true or magnetic. If magnetic.
show date of reading.
o
Survey prepared by a licensed Surveyor
or Civil Engineer. The site plan may
reference a land surveyor's map or base
reference map. All distances shall be
in feet and hundreths of a foot. All
angles shall be given to the nearest 10
seconds or closer. The error of closure
shall not exceed one in 10.000.
The locations, names ~nd widths of all
rights of way. within 500 feet of
property lines. If none exist within
500 feet of subject property, indicate
distance to nearest intersection with a
public street.
A separate key map showing location and
owners of all adjoining lands, within
500 feet as shown on the latest tax
records, at a scale of one inch equals
100 feet.
10,
11.
Location. width and purpose of all
existing and proposed easements.
setbacks, reservations and areas
dedicated to public use within or
adjoining the property.
A complete outline of other existing
easements, deed restrictions or
covenants applying to the propoerty.
Existing zoning, including zone hines
and dimensions.
Site plans shall be drawn at the scale
of an [1") inch equals (20) twenty
feet. If all required information
cannnot be shown clearly on one plan.
the information should be separated as
follows:
a. Alignment and schedule plan.
b. Grading and Drainage. -.
c. Landscaping.__.
d. Other; e.g. site utilities.
b. Natural Features
Existing contours with intervais of two
(2') feet or less. referred to mean sea
level as per USGS datum.
Boundaries of any areas subject to
flooding or storm water over¢lows, tidal
bays. salt water marshes, beaches arid
all freshwater bodies, including
wetlands and ]ntermittant streams.
perimeter boundaries of shoreline
bluffs, dunes and beaches.
Location of existinq natural features
including but not limited to natural
drainage swales, watercourses.
wooded areas, wetlands, as defined by
the New York State Department of
Environmental Conservation and the Board
of Trustees of Southold Town. marshes.
ponds, dun~s, bluffs, beaches.
kettleholes, escarpments, wildlife
habitat, flood hazard areas, erosion
prone areas, trees of 6" in diameter at
a point 3 feet above the trunk base.
Co
Location of any existing cultural and
historical features within 500 feet of
the property boundaries.
Existing building structures and utilities.
Locations. dimensions and outlines of-
all buildings (as defined in Section
100-13 of this chapter), and all uses of
the site.
Paved areas including parking' areas,
sidewalks, and vehicular access between
the site and public streets.
3. Locations, dimensions, grades, and flow
directions of any existing culverts,
water lines or sewage disposal systems,
as well as other underground and above
ground utility poles and utility lines
within and adjacent to the property.
4. The location and use of all buildings
and structures including curb cuts
within 200 feet of the boundary of the
subject property.
d. Proposed Construction
o
The location of proposed buildings or
structural improvements, indicating
setbacks from all property lines and
horizontal distances from existing
structures.
The location and design of all uses not
requiring structures, such as off-street
parking and loading areas and pedestrian
circulation.
The location, direction, power level and
time of use for any proposed outdoor
lighting or public address systems.
The locating and plans for any o~tdoor
signs must be in accordance with
applicable sign regulations.
Location and details of aprons, curbs,
sidewalks, fencing (type and location),
grading, including existing and proposed
topography with two foot contours, (on
site and 200 feet beyond the property
line). Spot elevations for buildings
and all structurest drainage
calculations, detaits of drainage
structures, watershed areas, where
applicable.
Grading and drainage plans si~all be
based upon site stormwater retention, in
conformance with Chapter A108 Highway
Specification.
Location and listing of landscaping,
buffering and street tree plans
including type, material, size, quantity
and location.
Location of water and sewer mains.
electrical service, cablevision and
telephone installations, ground
transformers, fire well and fire
hydrants and/or any alternate means of
water supply and sewage disposal and
treatment.
Building elevations for' all facades;
floor plans showin9 proposed use of
floor area.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicabl.e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No...9. ..... of 19...8.9....
X~R~X $outhold Town Board
of-the Town of ................ was duly passed by the ............ '(I~l~; ~fYe~i'sl'a;i'~e'l~l~)' ...........
on .....M..a.¥...2..3.: ............. 19.8..9...... in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
· City
of the Town of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 .......
County
.. City
otthe Town of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 .......... Such local law was submitted to the people by reason of a
mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on ............................. 19 ......... in accordance with the applicable
annual '-:
provisions of law.
(Subieet to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
[ hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
_. City
o! tl~e Town of ................
Village
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petit!on requesting such referendum having been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide bakis or, if
there be none, the chairman of the county legislative body, the mayor o! a city or village or the supervisor of a town where such
officer is vested with power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ......... ~ of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
~36 f
provisions of~37 o the Municipal Home Rule Law, and having received the affirmative vote of a
special,
majority of the qualified electors of such city voting thereon at the general election held on ............
............ 19 ......... became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 .........
of the County of ...................... State of New York, having been submitted to the Electors at the
General Election of November ............ ,19 ....... pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ..... .1. ...... above.
Date: May 24, 1989
~f~t~e ~ounty legislative body. Cit~, Town o~llage Clerk or
officer designated by local legislative b~dy
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Cb-rporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ...... .S..u..f.f..o.i.~ ................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
enactment of the local law annexed et . .
James A. Schondebare, Town Attorney
Title
Date: May 24, 1989 ~i~/X of Southold
Town
(3)
PUBLIC· HEARING
SOUTHOLD TOWN BOARD
iI i, iiI
May 9, 1989
8:05 P.M.
!~ER OF A...PROPOSEO "LOCAL LAW IN RELATION TO ZONING".
, reser~ ~
Absent:
Deputy Supervisor Frank A. Kujawski, Jr.
Justice Raymond W, Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Town Attorney James A. Schondebare
Supervisor Francis J. Murphy (death in family)
PERVISOR KLIJAWSKI: This is a hearing on a proposed "LOcal Law
Zoning". The official notice to be read by Councilman Penny.
on
O.L, IVA: "Notice of Public Hearing on Local Law. Public Notice
iven tha.t.'~there has been presented to the Town Board of the Town of
County, New York, on the 11th day of April, 1989, a Local Law
Local .IEa~v in Relation to Zoning". Notice is further given that the
Southold Will hold a public hearing on the aforesaid Local~
?l'o~n Hall, Main Road, Southold, New York, on the 9th da
at 8,~!'~ o'clock, P.M., at which time all i~n~tel~ested persons will
p.'op6'~ed "Local Law in Relation to Zoning" completely replaces thi
was adopted under the new Zoninq Code with a new
Local Law are available in the (~ffice of the Town Clerl~
~ during business hours. Dated: April 25, 1989. Judithl
~wn Clerk."
)f publication in The Suffolk Times, also, a publication in
r-%l/a~ch~.~an~ and, also, an affidavit from Judith T. Terry,
Bullelin Boai-d.
:almns. One is from the Department of Planning, County
Pursuanl to the requirements of Sections A 18-14 to 23
live !Code, the above referenced application which ha~
!h~ Suffolk County Planning Commission is considered to be
e.'mination. A decision of local determination should not be
an approval or disapproval. Very truly yours, Arthur H.
I." I, al~:.o, have a communication from the Planning Board
,: The following action was taken by the Southold To
April 17, 1989. Resolved that'the Southold Town Planni~
~, ~ , 'Pg' 2 - PH LL in relation,,~ ..... zoning
Board recommend to the Town Board ap.proval with the following comments in relation
to the above mentioned Local Law: 1. "Section 100-254 B. 1. should be amended
to fifteen (15) business days instead of ten (10) business days. 2. Throughout
the document, days should be clarified as business days. 3. Section 100-254 F.2.
should read as follows: "Forward the plan to the Fire Commissioner of the Fire Dis-
trict within which the site is located for a determination as to the location for a
fire well(s). 4. Section 100-156 B.1. Fees: The Planning Board originally requested
that the fee per square foot of building area be twenty five cents .(25¢); the Planning
Board requests that the fee per square foot of building area be at least ten cent
(10¢) instead of two point five (2.5¢). If you have any questions, please do not
hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr."
That's all the communications I have.
DEPUTY SUPERVISOR KUJAWSKI:
proposed Local Law?
Are there any comments in regard to this
GAlL WICKHAM: Good evening. My name is Gail Wickham, and I have offices at
Mattituck, New York. I had occassion to glance through this proposed legislation,
and there were a few things that jumped out at me, that I'd like you to consider
before passing it. Just speaking in general terms, it is going to greatly extend,
not only the time period for getting a site plan, but for the cost to the owner of
paying a site plan. I think that one thing you ought to consider is that whether
the Planning Board has adequate staff at this point to accommodate that kind of
procedure, because I think that in a long run it's going to end up costing this Town
a lot more fi~oney to review these properties, and efficiently administer it.~ tn terms
of staff at this time. On some of the specific points, Section 100-253B, prohibits
any regrading or clearing, or other activities on a piece of property before filing
a site plan approval, I think is , and that interferes with rights of property
owners to do what they might on their property. You can't even kill poison ivy
until the Planning Board has been through their '~ntir~ pr_oce~s. Section 100-253E,
I think is a problem. What that says,is that there ~n'be n6'change in use on any
lot without an approved site plan modH:ication, The uses otherwise permitted by
the Code ..'should extend to those permitted uses once you have a site plan. If you
have to go through this extensive procedures.every time your tenent changes, it's
going to oppressive on the owner.
COUNCILMAN PENNY: Excuse me. Are you on "E"? After a certificate of occupancy
is issued there should be no exterior alterations of a building?
GAlL WICKHAM: 100-253E. Yes, or changes in use.
COUNCILMAN PENNY: Or changes in use? Okay. ! see what you're saying. Okay.
GAlL WICKHAM: That's the part that has to do with alterations, if you're adding
on that's one thing, but if you're changing the use within the existing building,
you have to go through a site plan. That's what I'm directing my comments to.
Section 100-254B3 permits the Planning Board sixty days to comment on various
applications. I think that's a long time, and it does hold up the Board of Appeals
schedule, and you take their suggestion that that be sixty business days, then
again, you're extending it even further, and I ask that you shorten the time.
That same section B4, That puts in a new clause about the Planning Board waiving
3 - PH LL in relatior'. ~ zoning
or varying parking requirements. There are no standards given, and I think the
existing section now on waivers is probably more explicit, and might be better.
I don't know why it was changed, or proposed to be changed. I think there should
be some standards on their decretion. Subsection A of that section requires, allows
the Planning Board to require landscaping in lieu of parking.' Usually the owners
resisting as much parking as they can, but it could be that they may want to have
more parking, and since there are no standards given to the Planning Board, I
think that that could be an arbitrary problem. Paragraph five of that section, we're
in 100-254. B. 5, I think that's the biggest problem that I have with this proposal.
I~ requires that an existing approved site plan be withdrawn before a new site plan
can be reviewed, and I think that's probably unconstitutional. If an owner wants
to ask for a change, they should not be required to give up something that they've
already got before they ask to modify it. If they've got a vested right to something,
they shouldn't be required to just throw it away in order to come in ask to do some-
thing different on their property. I think that's a big problem. And then the
final thing that I'd like to comment on, there are a number of sections in this code
where there's a five hundred foot radius designation. For instance, in 254.G. the
notice to adjoining owners, all owners within five hundred feet of the property,
and in section 256.C and sul~sequent sections showing right-of-ways within five
hundred feet of the property, key maps showing all adiourning owners within five
hundred feet, showing easements on adjourning properties, cultural ~or historic
features within five hundred feet, or contours two hundred feet beyond the property
line. First of all, the surveyor in some cases might have to trespass in order to
get that information, and what you're doing is you're applying a change of zone
type standard to a site plan, and zoning cases you do have to notify adjourning
owner~ within 500 feet, and there are other things, because I think a zone change
has an impact beyond the specific site. It could affect the neighborhood. Here,
were you're asking for site plan which is development of a prope~rty within a
permitted zoning use already, I don't think that you should go I~eyond the adjoining
owners. The five hundred foot, I think is a burdensome requirement, and there
is going to be a public hearing requirement in this code. Those are my comments.
Thank you.
DEPIJTY SI~PERVISOR KUJAWSKI: Thank you. Any other comments in regard
to this proposed Local Law?
COUNCILMAN PENNY: Frank, I'd just like to make a I~rief comment, but I just.
wanted to, at this moment, thank two of the contributors that have worked with
the Code Committee on this proposed ordinance. One of them being Richard Kron,
an attorney, who put in many, many hours on this, and I'm sure that we'll take
up some of these objections at our next meeting, and it might I~e beneficial for Gail
to come to the next meeting, and actually go over some of the fine points, Ioecause
you did raise some specifically good points there.
GAlL WlCKHAM: There are a lot of improvements ....
COUNCILMAI~I PENI~Y: In any event, I'd still like to thank the two people that
worked very hard on this with us, and werelinstrumental in the development of
this, and one of them being Dick Kron, which I said earlier, and the other being
John Berryman, a member of the Commerce and Industry Committee, who raised
a lot of good point, also. I'm sure we can a!l work together and get this ironed
out. Thank you.
Pg 4 - PH LL in relatio~,,,~,~O zoning.
DEPUTY SUPERVISOR KUJAWSKI:
public hearing. (No response.)
If there are no comments, we'll close this
Southold Town Cler[(
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBIC NO~CE is he.by giv~
~er~ ~s be~ p~se~ed
town Board o[ the To~n of
gou~old. S~fol.k County, New
N~CE IS ~RTHER
~e To~ B~rd of ~e To~ of
~i!',S~d w~ hold .a pubfic hea~g
~e afores~ ~ ~w at
Sou~ol& New Yo~ on &e ~ day
~h proposed ~1 Law
R~fion to ~n~g'"~mpletety
phis the Site Plan A~cle ~ ~a~
adored un&r ~e new
~ a new Site ~an ~cle.
Copie~ of t~s Loc~ ~w are
STATE OF HEW YORK}
)
COUNTY OF SUFFOLK)
Christina contento ofMattRuck, in
said Courtly, bein9 duly sworn, says that he/she h Principal
Clerk of THE SUFFOLK TIMES, a Weekly #ewspaper,
published at Mattituclq In the Town of Southeld, County ef
Suffolk and State of #ew York~ and that the Notice of which
the annexed Is a printed copy, has been regularly published in
said Newspaper once each week for41 weeks
successively,, comm~FA~ on the 4 day of
Principal Clerk .
JUDITH T. TERRY ~ _Sworn to before, me this
SOUTHOLD TOWN CLERK
ii::~l. , . NOTICE OF
,-. : PUBLIC HEARING
!i~;!' ON LOC,~.L LAW
"'-! ;PUBLIC NOTICE is hereby
!; ,jgiven that there has been pre-
:', isented to the Town Board of the
: ]Town of Southold, Suffolk
i: .!iCountv, New York~ on the llth
~i, Iday ofiApril, 1989, a Local Law
i'.:' entitled, "A Local Law in Rela-
tion- to-Zoning:' ,' .
i[i,[.~ NOTICE IS FURTHER
}i' GIVEN t'hat the Town Board of
i~"/the Toxin'" of Southold will hold
~}~i_L a_ public heaiing or~ th~ aforesaid
'I?l'. EO'~il La~ at the'S0u[h0ia Town
, I:Hall, Main Road, Southold,
'., I'New York, on the 9th .day of
'{' 1'~3,'Ia5; 1989 at 8:05 O'clock P.M.
;'ii at which' time all i~terested per-
';,] 'sons Will be heard.
,. !7 This proposed "Local Law in
'!':I Relation to Zoning" complete-
12:l= IV replaces the Site Plan Article
i:! ;i that'was adopted under the new
,.[ Zomn= Code wxth a ne~ Stte
11711' Plan Article_
i',]' Copies of this Local Law are
:, available in the Office of the
i~ Tdwn Cter'k to any. interested
dj: persons 'dulmg bustness hours.
, I: DATED: April 25, 1989 .
, ~' " JUDITH T. TERRY
SOUTHOLD TOWN CLERK
:::.. 1X,'5/4/89 (7)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS'
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ...................... /. .... weeks
successively, commencing on the ......................
d ay of ..... -~.?' ,~-7- - ......... ] 9 .~./.¢.. ~
Sworn to before me this ..................... day of
Notary Public
~&RBgR& ~. SCHNEIDER
NOT. k~'? p~jBLi6, State of New YorR