HomeMy WebLinkAboutLL-1991 #10LOCAL LAW NO. , 1991
A Local Law in Relation to Zoning Use Regulations
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-13 (Definitions) is hereby amended as follows:
HOME OCCUPATION -
Any gainful activity customarily conducted only within a
dwelling unit by the residents thereof that is clearly
secondary to the residential use.
Activities carried on by the residents which are connected
with produce of the seas, bays or harbors caught or dug
by them including storage and dockage of boats and gear,
spreading and mending of nets and other gear and sale of
such produce so gathered, shall also constitute a "home
occupation."
Co
Tradesman, not limited to carpenters, plumbers.
landscapers, painters, masons and electricians,
HOME PROFESSIONAL OFFICE - This shall be understood to
include the professional office or studio of a doctor, dentist,
teacher, artist, architect, engineer, musician, lawyer,
magistrate or practitioners of a similar character, or rooms
used for "home occupations," provided that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner resides.
Section 100-31(C)(2) (Accessory Uses) is hereby amended as
follows:
Home occupation, including home professional offices,
provided that:
lb)
No display of goods is visible from the street.
Such occupation is nc~dental to the residential use
i '
of the premises and is carried on in the main building
by the residents therein with not more than one (1)
nonresident assistant.
lc)
Such occupation is carried on in an area not to exceed
twenty-five percent J25%) of the area of all floors of
the main building, and in no event shall such use
occupy more than five hundred 1500) square feet of
floor area.
There shall be no exterior effect at the property
line, such as noise, traffic, odor. dust, smoke, gas,
fumes or radiation.
(e)
Studios where dancing or music instruction is offered
to groups in excess of five (5) pupils at one I1) time
or where concerts or recitals are held are prohibited.
(f)
In no manner shall the appearance of the building be
altered nor shall the occupation be conducted in a
manner that would cause the premises to lose its
residential character including, but not limited to,
the use of colors, materials, construction or
lighting. No display of products shall be visible
from the street, and no stock-in-trade shall be kept
on the premises.
(g)
Notwithstanding anything set forth elsewhere in this
Article, home occupations and home professional office
shall in no event be deemed to include real estate or
insurance offices, animal hospitals, kennels,
barbershops, beauty parlors, clinics or hospitals,
mortuaries, nursery schools, clubs, auto repair shops,
restaurants, tourist homes, rooming houses or
boarding houses and uses similar to those listed above.
(h) Signs - See Section 100-31(C)(9)
(i)
Home occupation and home professional office shall not
include manufacturing, fabrication or construction of
any type on the site.
Outdoor storage of equipment necessary for residents
connected with produce of the seas shall be screened
from view and shall conform to the setbacks for
accessory structures.
Il. This Local Law shall take effect upon its filing with the Secretary
of State.
.... ~:~KIMENT OF STATE
BUREAU OF STATE RECORDs
162 ~ashfngt~n Avenue
Albany, NY 72231-0001
DATE: 4/1~/91
APR 2 2 1991
Local Law Acknowledgment
Town Hall
53095 Hain ROad
PO Box 1179
Southold, NY 11971
~-- Attention: Judith T. Terry
DOS-256 (Rev. 6/90)
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
fOrwarded upon request.
L'ocal Law Filing
~EU YORK STATE DEPARTMENT OF SLATE
16Z UASHINGTON &VENUE, ALBANY, NY 1Z~31
(Use this form to file a local law with the Secretary of State.)
Text of lag' should be given as amended. Do not include matter being eliminated and do not
'-~e italics or underlining to indicate new matter.
Town
Loc~i L~w No ......................... .1..9. ....................... oJ' the year 199..1. .....
A local l~,, ......................... Ln~..R~.e.La..t.L.qp..~.~.9.~..z-q`.n.!..n..~..U.~.s..e.~.R...e.~.u..La.~!~9~. .....................................................
(Insert Title)
Be it enacted by the ............ To~..n...B..o..a...r..d.. ....................................................... of the
{Name of Legislative Body}
Tovrn
~f~ ~eX
Southold
of .................................................................................................................................................. as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-13 [Definitions) is hereby amended as follows:
HOME OCCUPATION -
Ao
Be
Any gainful activity customarily conducted only within a
dw.elling unit by the residents thereof that is clearly
secondary to the residential use.
Activities carried on by the residents which are connected
with produce of the seas. bays or harbors caught or dug
by them including storage and dockage of boats and gear.
spreading and mending of nets and other gear and sale of
such produce so gathered, shall also constitute a "home
occupation."
Tradesman, not limited ~& carpenters, plumber, s,
I.andscapers, painters, masons and electricians.
e
(If addilional
HOME PROFESSIONAL OFFICE - This shall be understood to
include the professional office or studio of a doctol% dentist,
teacher, artist, architect, engineer..musician, lawyer.
magistrate or practitioners of a similar character, or rooms
used for "home occupations." provided that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner resides.
Section 100-31 (C) { 2 ) { Accessory Uses) is hereby amended as
follows:
2. Home occupation, 'including home professional offices,
provided that:
space is needed, attach page.s the same size as this sheet, and number each.)
(1)
II.
{a)
{b)
No display of goods is visible from the street.
Such occupation is incidental to the residential use
of the premises and is carried on in the main building
by the residents therein with not more than one (1)
nonresident assistant.
(c)
Such occupation is carried on in an area not to exceed
twenty-five percent (25%) of the area of all floors of
the main building, and in no event shall such use
occupy more than five hundred 1500) square feet of
floor area.
id)
There shall be no exterior effect at the property
line. such as noise, traffic, odor. dust, smoke, gas,
fumes or radiation.
{e)
(f)
(g)
ih)
Ii)
Studios where dancing or music instruction is offered
to groups in excess of five (5) pupils at one (1) time
or where concerts or recitals are held are prohibited.
In no manner shall the appearance of the building be
altered nor shall the occupation be conducted in a
manner that would cause the premises to lose its
residential character including, but not limited to.
the use of colors, materials, construction or
lighting. No display of products shall be visible
from the street, and no stock-in-trade shall be kept
on the premises.
Notwithstanding anything set forth elsewhere in this
Article. home occupations and home professional office
shall in no event be deemed to include real estate or
insurance offices, animal hospitals, kennels.
barbershops, beauty parlors, clinics or hospitals,
mortuaries, nursery schools, clubs, auto repair shops,
restaurants, tourist homes, rooming houses or
boarding houses and uses similar to those listed above.
Signs - See .Section 100-31(C){9)
Home occupation and home professional office shall not
include manufacturing, fabrication or construction of
any type on the site.
Outdoor storage of equipment necessary for residents
connected with produce of the seas shall be screened
from view and shall conform to the setbacks for
accessory structures.
This Local Law shall take effect upon its filing with the Secretary
of State.
(Complete the certification in the paragrapit that applies to the fillng of this local law and
strike out that which is not applicable.)
---;- Final adoption by local legislative body only.)
.ereby certify that the local laxv annexed hereto, designated as local law No. 10 of 19 91
at the (~le:xtX)(~'x)(Town)(StJdkl,X~ of Southold was duly passed by tl~e
Town Board on April ~, 19~1 , in accordance with the applicable provisions of taw.
[Name of Legisiat:ive Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
[ hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of
on 19
(Name of Legista~;ive Body)
disapproval) by the and was deemed duly adopted on
(Elective Chief Executive Officer~)
in accordance with the applicable provisions of law.
of 19
was duly passed by the
, and xvas (approved)(not disapproved)(repassed after
19
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on t9 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local law was
(Elective Chief Exeeu~;ive Officer~)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was flied requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local taw No. of t9
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local law was subject to
(Electbre Chief Executive Officer~)
permissive referendum and no valid petition requesting such referendum was filed as of 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 basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or thi~ supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(2)
5~ (City local law concerning Charter revision proposed by petition0
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 provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (speciat)(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 t9
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 appropritate certiflcatiou.)
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 I , above.
(Seal)
Clerk of the~ounty legislative body, City. Town or Vi~ge Clerk
or officer designated by local tegilsative body
Judith T. T~rr¥, Town Clerk
Date: April 10, 1991
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOhK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactme~~ hereto.
Signi~ff-re ~,~~ .
Harvey A/~tr~fi~f, Town Attorney
Title
~ of Southold
Town
Date: April 10, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 26, 1991
8:02 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING USF
REGULATIONS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: Moving on to the second Local Law for the evening, a
"Local Law in Relation to Zoning Use Regulations". Ruth will read the publication.
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been pre-
sented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 26th day of February, 1991, a Local Law entitled, "A Local Law in Relation
to Zoning Use Regulations". Notice is further given that the Town Board of the
Town of Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, Main Road, Southold, New York, on the 26th day of March~
1991, at 8:02 P.M., at which time all interested persons will be heard. This pro-
posed "Local Law in Relation to Zoning Use Regulations" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13 IDefinitions) is hereby amended as follows:
HOME OCCUPATION -
Ao
Any gainful activity customarily conducted only within a
dwelling unit by the residents thereof that is clearly
secondary to the residential use.
Bo
Activities carried on by the residents which are connected
with produce of the seas, bays or harbors caught or dug
by them including storage and dockage of boats and gear,
spreading and mending of nets and other gear and sale of
such produce so gathered, shall also constitute a "home
occupation."
Pg :2 - PH LL Zoning Use P, egs
Co
Tradesman. not limited to carpenters, plumbers,
landscapers, painters, masons and electricians.
HOME PROFESSIONAL OFFICE - This shall be understood to
include the professional office or studio of a doctor, dentist.
teacher, artist, architect, engineer, musician, lawyer,
magistrate or practitioners of a similar character, or rooms
used for "home occupations," provided that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner resides.
Section 100-31(C)(2) (Accessory Uses) is hereby amended as
follows:
Home occupation, including home professional offices,
provided that:
(a) No display of goods is visible from the street.
(b)
Such occupation is incidental to the residential use
of the premises and is carried on in the main building
by the residents therein with not more than one (1)
nonresident assistant.
(c)
Such occupation is carried on in an area not to exceed
twenty-five percent (25%) of the area of 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.
le)
Studios where dancing or music instruction is offered
to groups in excess of five (5) pupils at one (1) time
or where concerts or recitals are held are prohibited.
In no manner shall the appearance of the building be
altered nor shall the occupation be conducted in a
manner that would cause the premises to lose its
residential character including, but not limited to,
the use of colors, materials, construction or
lighting. No display of products shall be visible
from the street, and no stock-in-trade shall be kept
on the premises.
(g)
Notwithstanding anything set forth elsewhere in this
Article, home occupations and home professional office
shall in no event be deemed to include real estate or
insurance offices, animal hospitals, kennels,
barbershops, beauty parlors, clinics or hospitals,
mortuaries, nursery schools, clubs, auto repair shops,
restaurants, tourist homes, rooming houses or
boarding houses and uses similar to those listed above.
I~g 3 - ~'1~ LL Lon~ng Use h~egs
(h) Signs - See Section 100-311C)19)
Home occupation and home professional office shall not
include manufacturing, fabrication or construction of
any type on the site.
Ii) Outdoor storage of equipment necessary for residents
connected with produce of the seas shall be screened
from view and shall conform to the setbacks for
accessory structures.
11. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to an,v
interested persons during business hours. Dated: March 12, 1991. Judith T.
Terry, Southold Town Clerk." I have an affidavit of publication from The Suffolk
Times, and from The Traveler-Watchman, and an affidavit, that it has been posted
on the Town Clerk's Bulletin Board. I do have some correspondence. From the
Department of Planning, Suffolk County, Gentlemen: Pursuant to the requirements
of the Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above
referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination. A decision of
local determination should not be constued as either an approval or disapproval.
Very truly yours, Arthur H. Kunz, Director of Planning. I have another piece
of correspondence from our own Town Planning Board. Dear Mrs. Terry; At its
public meeting on March 11, 1991, the Planning Board adopted the following two
resolutions pertaining to the four proposed Local Laws before the Town Board.
Be it resolved that the Planning Board has no objection to the three proposed
amendments to change sections of the Zoning Code governing the Home Occupation
use by rewording the following sections of the Zoning Code: 13; 31(C)(2); 191
(Q)(1)(a) and 236(A). The Board understands that the purpose of the changes
is to allow baymen to operate their businesses out of their homes. And the pro-
posed amendments appear to accomplish this purpose. For the record, we note
that the proposed change in the definition (100-13 A.) will revise the distinct,
and separate, status that Home Occupations and Home Professional offices h~ve
been accorded up to now. For all practical purposes, the revised Nome Occupation
definition will include the Home Professional Office definition, whereas now there
is a distinct separation between the two. The proposed amendment to the definition
of home occupation, specifically sub-definition A., opens the door to include many
other kinds of businesses which are not addressed by the Code. When this new
definition is read in conjunction with the listing of prohibited uses, a question
arises as to whether the following businesses would be permitted to operate as
either home occupations or home professional offices: Consulting firms in such
diverse fields as computers, science, financial services and other professional
services,, day Care by a homemaker, appliance repair shop, catering, arts and
crafts, furniture repair or restoration. Some of these businesses are allowed
under the current code. Their status under the proposed amendments is not clear.
Accordingly the Planning Board feels that the Home Occupation Section of the
Zoning Code needs further review and amendment. Be it resolved that the Planning
Board has no objection to, the proposed addition of Section 100-235.C.1. and 2.
on Fire Lane Standards for residential lots to the Town Code. It should be noted,
however, that the amendment is silent on lane widths for commercial and industrial
structures. I, also, have something from the Town Trustees. To, Judith Terry,
Town Clerk. The Southold Town Trustees developed the following consensus
position at our November 15, 1990 meeting. Accordingly we wish to have it entered
as part of the public hearing set for March 26, 1991 at 8:00 p.m. "The $outhold
Town Trustees are in favor of providing zoning and planning protections for mari-
sulture and aquaculture activities (including baymens activities) similar to those
Pg 4 - PH LL Zoning U~ Regs
enjoyed by agriculture in Southold Town. Such activiites can take place from
a residential property provided they are properly enclosed and do not create any
nuisances for neighbors." It is noteworthy that this consensus position was un-
solictited and grew out of a worksession discussion surrounding the master plan
and commercial uses. Thank you for cooperation in this matter. I, also, have
a letter from the Greenport-Southold Chamber of Commerce, and it reads as follows,
Section 100-13 (Definitions), Home Occupation, Section A,B,C to stand as written.
Delete section entitled "Home Professional Office". Add letter "D" to read:
D. Home Office-This to be understood to include the office or studio of anyone
engaged in a service, sales or professional activity including but not limited to
licensed or decreed practioners as well as advisors, agents, consultants, brokers,
managers, teachers, artists and musicians. Section 100-31 (C)(2) (Accessory
Uses) Stand as written except: 2. - delete reference to home professional office.
2(g) - restore the original "draft" wording be deleting reference to real estate
and insurance offices as not permitted. Also delete reference to home professional
office. 2(i) - delete reference to home professional office. These changes are
being recommeded to clarify the types of "office" activities that should be permitted
in the home as a matter of course and not as an exception that would require
either a third party decision or a variance. In today's modern economy with the
adw]nces of science and technology many people need little more than a phone,
desk and computer to carry on their business and many do so from their homes.
To restrict them by saying they must be a "professional" and leave the definition
of that to the opinion of a bureaucrat is unfair, unwise and probably discriminatory.
Just a plumber can operate from his house because he is a "plumber" so to should
"office workers" be permitted to operate from their homes because that is what
they do. Additionally, it is hard to imagine how any of the suggested "home office"
job categories would have a different (negative) impact on the residential character
of a neighborhood than would a doctor or dentist or a carpenter or plumber. Hope-
fully, these changes can be discussed before the Town Board adopts these amend-
ments. Richard Caggiano. That's the end of all the correspondence.
SUPERVISOR HARRIS: Thank you, Ruth. At this time, I'd like to remind the
audience again, that there is a ten minute maximum to hear each speaker. That's
why this time frame is in place. Let me start at the left of the room. Are there
any individuals that would like to speak? Would you come forward, please, and
state your name.
SALLY BALL: My name is Sally Ball. I live in Orient, on Main Road. I have
a real estate professional office in my home. I thought the law was goinq to ,be
changed for fishermen, and baymen, and tradesmen, but in reading The Times,
it was very hard to find a home professional. I had to do a lot of searching,
because it's split. You read the home occupation, and it says proceed to the
next page. You look at the next page, and it starts talking about something else.
So, I finally found it on the preceeding page, and Io and behold, just because
I was curious, I found it involved myself, a home professional, and I got very
upset about it, because I do have a home, an antique home. I run my office from
my home (tape change) Then you're telling me, I can't use my home. I just
wanted to say, that I'm a similar character as a doctor, dentist, an architect,
an engineer, a teacher, because each one of us requires a license from New York
State. I do not feel I'm a practioneer of similar character with an auto repair
shop, a restaurant, an animal hospital, or mortuary, even though real estate is
dead. It's coming alive. I'd like to know why a real estate office is being
discriminated against the law, and in order to renew my license every two years,
I must go to college. I have a college education. I have a doctorate, and my
requirements are hard by the New York State, and I just don't know why you're
discriminating against us. The law protects. We have to put a minimum sign
up. We can not change the outside of the house, not that I want to. The parking
Pg 5 - PH LL Zoning Use Regs
is protected. The sign, we can't put pictures outside of the house. I would
want that. I just feel that you're stopping me from making a living, where I figure
I'm with a doctor, or a dentist, or a lawyer. We are of similar character, but
way down here, in G, you prevent me from having my office. I'm sure there
would be a lot more realitors here, if this wasn't split up the way if was. It
was very difficult to find, and I just wanted to let you know, how I feel.
SUPERVISOR HARRIS: Thank you for your comments.
FRANK CARLIN: Frank Carlin from Laurel. I recall reading this here, this diagram
here, about electronics, electricians, but it didn't say anything about electronic
occupation. Is it in there?
COUNCILWOMAN OLIVA: It just says electricians.
FRANK CARLIN: Electricians. There's a difference between electronics people
and electricians. Is it in there? No? Why? Why isn't electronics in.~ Say, I'm
a licensed electronic, why can't I do some of my repair work at my house? Or,
I'll do another one, small engine repair, lawn mowers, nothing in there about that,
is there? Somebody wants to repair lawn mowers, make a few bucks, not in there
is it? That's discrimination. I think you'd better add that there. You can put
doctors, dentist, and lawyers, you can add the electronic people in there, and
you can add small engine repairmen in there. There's a difference, believe me,
between electronic people and electricians. I hold the highest FCC license there
is. I think there's food for thought there, right?
SUPERVISOR HARRIS: Thank you, Mr. Carlin.
FRANK CARLIN: What size sign? I didn't get the size sign, you allow for that.
COUNCILWOMAN OLIVA: I don't have the Code Book in front of me, Frank.
FRANK CARLIN: No, but a sign you'd be allowed to put up.
COUNCILWOMAN OLIVA: it's in section 100-31, C9.
FRANK CARLIN: By 24 inches, about like this?
COUNCILMAN PENNY: Four square feet.
FRANK CARLIN: I think we should add that electronics in there.
JOSEPH RISTUCCIA: My name is Joe Ristuccia from Southold. I like to know what
the rationale is for excluding people, who have computers, who may be involved
in consultant work.
SUPERVISOR HARRIS:
just to hear comments.
and then we'll..
This is not a question and answer period. We're here
We'll then deliberate on what we hear from the audience,
JOSEPH RISTUCClA: Then let me make this comment. I think what I've heard
here tonight is indicative that there's some discriminatory practice is going on
here. I don't know what the reason is. Certainly as Mr. Carlin said, if he's
involved in computers, or electronics, that's equivalent to say, electrical work.
Pg 6 - PH LL Zoning Us' Regs
FRANK CARLIN: Scott, one more thing. May I ask, are you going to look into
that by adding it into the..
SUPERVISOR HARRIS: We're here, Mr. Carlin, to hear your comments.
ARTHUR MALOSH: My name is Arthur Malosh. I'm a past-President of the
Mattituck Saltaire Estates, Saltaire Way, up on Soundview Avenue. We have
by-laws in our homeowner's association, that limits all work on the premises. I'm
a great one for doing work in their homes Now, in passing this law, there is
some proceeding homeowners' associations,
TOWN ATTORNEY ARNOFF: No. If you're contractual bound in your deed, and
your deed will limit what you can do with your property, not withstanding any
provocation of local law.
F.M. FLYNN: My name is F. M. Flynn. I'm a resident of the Town of Southold.
I would like to make a comment, that I guess it's Mrs. Ball was absolutely correct
about, the Suffolk Times. It's my opinion, that a large portion of this town did
not have adequate legal notice, as to the purpose of this hearing. I'd like to
make some remarks, and due to the time limitation imposed, I shall read only part
of my prepared full statement, which I shall present to the Board. This proposed
amendment represents sheer demagoguery. It is in direct conflict with the long
established principle of zoning laws. It's sponsor, in furtherance of his own
political agenda and on behalf of vocal, organized, special interests has presented
this hybrid, devious, and cynical attempt to undermine zoning law and, thereby,
nullify the town's comprehensive plan and destroy residential property values through-
°ut the town. In my opinion, , at least two other members of the Board should
excuse themselves from voting on this matter, since they may well have a personal
interest in its adoption. Pervasive throughout the precedents of zoning law are
two central themes. Zoning decisions are to be made upon the general interest,
not that of special interests. The obligation to preserve the value of real property
is paramount. At this time, I can't recite all the legal precedents I have researched.
A memorandum reciting my findings will be presented to the Board later. With
respect to general welfare, the Board estimates some 700 persons are engaged
in so-called home occupations. Some must operate legally, say one half. This
means the amendment is presented on behalf of 250 persons operating illegally.
The assessor has informed me, that there are over 11,000 improved residential
properties in town, and you can add a few thousand vacant lots. Thus, this
amendment is offered on behalf of 2% or 3% of the residents at the expense of
the devaluation of the property values of 97 or 98% of the residents. So much
for the consideration this amendment gives to the general welfare, and so call
accessory use. By law, such use must not only be incidental, but customarily
incidental. The chicanery behind the formulation of this amendment is evidence
to anyone this side of a moron. Phase one is the unconscionable expansion of
the long accepted definition of home occupation. The Board may not realize that
in many jurisdictions home occupation are not permitted because of abuse, and '
it's difficulty and expense of enforcement. Of course, in the Town of Southold,
the nonenforcement of zoning regulations is legendary. Phase two in the attempt
to include these uses as accessory, ignoring the requirement that they be cus-
tomary. If 97 or 98% of properties are not used for this purpose, such uses can
hardly be customary. A fisherman
of his activities, and selling fish is using his property for this use, for the use
engaged in business, quote in the ordinary
and customary meaning of the term. As for an accepted legal definition of trades-
men, I Cite the following. As used in zoning ordinance, the word business is
a comprehensive term embracing everything at which a person may be employed.
A trade is a mechanical or commercial enterprise, and an industry is that branch
of a trade employing capital and labor. Take your pick. What this amendment
actually proposes is an illegal form of floating spot zoning, uncontrolled by the
Pg 7 - PH LL Zoning
town, and excercised at the option of any resident, present or prospective,
permitting the conduct of business in residential areas. This is zoning anarchy.
The New York State Enabling Act for Town zoning from which this Board derives
it's powers states that one of it's principal objectives is the conservation of property
values. I suggest the Board members consider the effects of this amendment on
the value of their own residences. Visualize the effects of abutting property
erecting two signs, which I interpret from the Code as being as much as 6 by
4 feet, and advertising the sale of fish, and cluttering his rear yard with nets,
ropes, lobster traps, garveys, etc. Or consider the implications of, say, a cesspool
cleaner or other tradesmen with his rear yard strewn with scaffolding, blocking,
wheelbarrows, mixers, etc. Now, in today's economy it is appraisors who set
value, whether for mortgage purposes, or other reasons. An appraisor is taught
that a neighborhood influences often depreciate value more than the characteristics
of the property itself. The Town Board has publicly acknowledged the deficiencies
in the Master Plan, but until now has done nothing to revise it. You have all
heard the metaphor, the mountain labored and brought forth a mouse. The Town
Board has labored and brought forth a rat. A rat which will spread a plague
among residential values throughout the Town of Southold. If this amendment
is approved, I would urge residential property owners to engage in a suit against
this town. I am convinced that the only preparation of conpetent zoning attorney
would require to upset such an amendment would be the proverbial shave and
haircut. I would, also, urge property owners to note which Board members vote
in the affirmative, and turn them out at election time. In my opinion, the mere
offering of such an amenclment reflects adversely on the corrective competence
of the Board.
SUPERVISOR HARRIS: Thank you, Mr. Flynn. Could you turn in a copy of
that statement for the record? Thank you.
INGEBORG FLYNN: My name is Ingeborg Flynn. I am a resident of the Town
of Southold, also, a real estate broker for more than twenty years. I'm a graduate
of the New York State Institute, and I successfully completed courses of the
Society of Real Estate Appraisers, these are the foremost and best recognized
courses by financial institutions. After moving here nine years ago, I closed
my business in ~¥estern Suffolk, where I, also, was a vice-president for Suffolk
County for the Long Island Board of Realtors, which is the fifth largest board
in the United States. As a broker associated with a local real estate office, I
assure that this proposed amendment will be the destruction of real estate values
in the town. In my e,",perience selling many homes in the town, they do not
purchase a home in residential area with commercial activities. Homes bordering
commercial property sell for much less, and have a much longer marketing time,
and are difficult to finance. Anyone thinking that maybe a Mr. A, maybe be a
plumber, and store some of his dismantled bathtubs, because he thought he would
resell them on a second job for a time in his backyard, or a mason storing his
leftover cement blocks, and cement mixers in his yard. ~/hat chance does the
poor homeowner in the neighborhood to sell his home? Two such instances in
one street, and buyers won't buy, and appraisers are going to take a very hard
look in putting a value on that property. This can happen to every street in
Southold, be it in Calves Neck, Country Club Estate, Harbor Lights, Mattituck,
Orient, anywhere. Anywhere in this town it can happen, because this is what
the amendment is doing. This is vacancies. Of course, we have enough in town.
It will be severely affected. We know we can't fill the vacant stores at this time,
and how will people, and business owners, or owners of business property be able
to fill their vacancies? Everybody is going to move out, and conduct business
in their home. We would have to inform every purchaser, by law, of any adverse
condition, we know of, of the property. Otherwise, we will be subject to damages,
Pg 8 - PH LL Zoning U~-
or we can lose our license. We have to tell of adverse conditions of a property.
So,, we do have to tell in effect every person coming into the Town of Southold,
that this is open zoning. Everybody can do business everywhere. How many
houses are we going to sell? I, also, would suggest to the town to send notices
to our senior citizens. Over 30% of our population are senior citizens, so they
fully understand, because sometimes they're not being able to see, or read the
little print of the public notices, or even to understand the public notices.
think they should be fully informed, and they should be informed, and told in
plain English what is going to happen to the real estate values. I just feel if
one of these senior citizens is sandwiched between businesses, or by businesses,
maybe a plumber, and having a cesspool cleaner on the other side of their home,
well, this poor senior citizen is going to lose half of his investment. Of course,
the town will have to reduce all the assessment of residential properties, now,
being adversely effected by the business occupation at home, and they would have
to raise the assessment of those homes now doing business from the home. If
that is to be done yearly, who would do the work? It means more tax money.
It means the parcels would have to be reassessed every year, and we would have
more adversely effected properties. So, if you reduce our tax revenues, if this
proposal is sponsored by one of our Town Councilpersons, it's so damaging, all
the people in Southold, who would be happy to pay more taxes for open space,
and preserve our tourist, and second home industry, that in my opinion, this
proposal to the amendment will fall through. For the rest of the members of
the Town Board, I will suggest you are surely an expert in zoning, or an attorney
an expert, I think we never would have had to come here tonight, and we would
never had to have this hearing. Thank you.
SUPERVISOR HARRIS: Thank you.
MARY BETH PHILLIPS: My name is Mary Beth Phillips. My husband, Mark and
I, live in Greenport, and we are in the fishing industry. As far as the rest of
the proposals, there's only onesection that pertains to us in particular, and that
is Section B, as far as storing nets and whatever. We run into a problem, as
we really have no storage on the waterfront. I'm sure you all realize that waterfront
property is extremely expensive, and I have no qualms about putting up a fence,
as long as I'm able to get my equipment on and off the boat, dealing with nets,
which each boat has many different sections of fishing that it's involved in. I'd
like to just say, thank you for getting us out of the grey area, that we seem
to fall into all the time.
SUPERVISOR HARRIS: Thank you.
JOHN BREDEMEYER, JR.: Good evening. My name is John Bredemeyer. I'm
President of the Town Board of Trustees. I don't wish to amplify on my Board's
concensus position, which was read earlier, and you have before you for considera-
tion. I would however like to read to you, as a point of information, a brief
from this month's Suffolk County Agricultural News publication Cornell Cooperative
Extension, and to directly to page 3 states, recent changes in the Agricultural
Districts Law, and a brief article by William J. Sanok, Cornell Cooperative Extension
Officer. He includes that, several of the amendments to the Agricultural Districts
Law since April 1, 7990 are as follows, and here's a definition of aguaculture to
include aquacultural products within the definition of crops, livestock and livestock
and livestock products. I would llke to leave this to enter in the record for your
consideration.
SUPERVISOR HARRIS: Thank you, John. Mr. Carlin, if you could be brief,
because there many other speakers here.
Pg 9 - PH LL Zoning Us~
FRANK CARLIN: My name is Frank Carlin, Laurel. I agree with this resolution
here, and I think it's the best thing, that it's the best thing that ever happened
in Southold Town. I think what we're doing here is jumping to conclusions a
little bit here, as we are to McDonalds. I think that this would good, providing
though that's it's kept under control, and it's done reasonable. That's the important
thing. The people are right, when they say you can get out of control, but we
don't know. It's got to be kept under control. What's wrong with someone trying
to make a few bucks on the side to help pay the taxes. There's nothing wrong
with it, providing it's kept under control. I'm all for it. It's the best thing
that ever happened in Southold Town. As far as I'm concerned I don't intend
to open up anything. I'm retired from electronics, anyway, so I have no interest
in opening up anything.
SUPERVISOR HARRIS: Thank you, Mr. Carlin. I'll go to the middle. Are there
any speakers in the middle, that would like to speak? Yes, sir?
JEFF REHM: Good evening. My name is Jeff Rehm. I am an insurance agent
here in Southold with Rausch Insurance, and I first became aware of this hearing
tonight, I saw something in the paper, and I've heard a little bit more about it.
I noted that insurance agencies specifically were excluded, and also, the idea
that a professional, like a doctor, like a lawyer, like an accountant, an engineer,
could conduct business at a house, but an insurance agent can't. I would like
to bring to the Board tonight, just a little information, that an insurance agent
in State Supreme Court of New York is held to the same high standards, that
a doctor is, that a lawyer is, that a accountant, and those professionals. When
we give advice, and say, Jeff, I've got a problem, and I dispense advise, and
sell you a policy, and if that policy fails to perform in what you thought it was
going to do, the courts look at me very earnestly, and say I might violate my
trust. There definition of a professional, amongst other things being have, you
know the academic things talks about a professional must be competent, and you
must be expert, so I certainly think we're discriminating a great deal against the
insurance agent, that State Supreme Court of New York is a professional, or is
held in the same standardas those other professionals. Secondly, I think the Board
has got to consider..you talk about the other trades, and I've got no problem with
that,, I don't want to pick on the trades, but you talk about the trades, and
then you compare it to an insurance agent for example, that has a desk, a phone,
CRP, and a little computer, what am I doing to that residential neighborhood.
I mean, outside you can't see anything. With a trade it's possible you may see
some things outside, that may be disturbing to some people, a wheelbarrow, or
a cement block, or some other nonsense like that. So, I think that the Board
needs to be conscious of that fact, and thank you very much.
SUPERVISOR HARRIS: Thank you for your comments. Could we have a copy of
that? Anyone else in the middle like to comment?
MARION KING: My name is Marion King. I have a real estate office in Cutchogue,
Marion King Realty, and as Mrs. Ball stated, I do feel, as Jeff feels, and Mrs.
Ball feels, I do feel that we're professionals. We do have to have a New York
State license. We do have to have continuing education courses. We're studying
all the time, and I don't see any reason why we should deleted from home occupa-
tion. It certainly wouldn't cause any disturbance in the neighborhood. I mean
we don't have that many cars, I'm sorry to say, but we really wouldn't disturb
anyone.
SUPERVISOR HARRIS: Thank you for your comments. Anyone else in the middle?
Pg 10 - PH LL Zoning Use
RICHARD CAGGIANO: I'm Rich Caggiano. President of the Greenport- Southold
Chamber. I just wanted to explain a little background of the letter, that we had
written, as a result of phone calls we had gotten to the Chamber about this
possible discrimination between what professional is, and what professional is not.
I think it's perfectly clear with the discussion we had tonight, some of the comments
that were made tonight, that our recommendation as Councilwoman Oliva read,
was that the Board send this back to committee for further review and discussion,
and perhaps in that committee you can come up with a more workable solution,
that everyone will be happy with, and that's the recommendation of the Chamber.
We hope that you will do that, and pass on the action tonight, and send it back
to committee. Thank you.
SUPERVISOR HARRIS: Thank you for your comments. Anyone else in the middle?
If not, I'll go to my right.
DOROTHY PHILLIPS: Margaret Brown of the League of Women Voters could not
be here tonight, so she asked me to read our position on this. My name is Dorothy
Phillips. It's to the Southold Town Board from the League of Women Voters, River-
head-Southold. Amendment to Chapter 100 (Zoning) Code. As the Town Board
knows, the League of Women Voters.. May I ask one more thing before I start?
May I make a few personal comments at the end?
SUPERVISOR HARRIS: Yes.
DOROTHY PHILLIPS: As the Town Board knows, the League of Women Voters
Riverhead/Southold is very interested in zoning, so interested that we are in
litigation with the Town on this subject. We have compared the existing code
with the proposed amendments and we are concerned. We question the re-definition
of "home occupation ", particularly Section 100-13 B, which allows an occupation
not "customarily conducted only within a dwelling unit". Under home professional
offices, Section 100-31 (c) (2) we question (g), (i), and (j). We ask in (g) why
were Real Estate and Insurance Offices added to the list of non-acceptable home
occupations and home professional offices? Why was (i) added? That was one
that deals of fabrications, manufacturing or construction on any site, and (j) was
added. Why was (j) added naming a specific occupation? Furthermore, existing
item (f) of this section is in conflict with Section 100-13 B. New York State Law
requires that the town must legislate for the benefit of the majority of the community.
There appear to have been discretionary inclusions and exclusions in this amend-
ment. We question the rationale of a proposed amendment which will allow one
specific industry to operate within a residential area while at the same time excluding
other specific uses. The League of Women Voter Riverhead-Southold requests
that no action be taken on this amendment. Signed; Margaret Brown. I will have
a copy for you. I will now speak for myself, and I d like to speak in favor of
these real estate and insurance offices. The existing Code allows this. There's
no problem, been no problem.
COUNCILWOMAN OLIVA: It doesn't allow.
DOROTHY PHILLIPS: It does not allow real estate or insurance?
COUNCfLMAN WICKHAM.- Not in one's home.
DOROTHY PHILLIPS: Not in one's home. All right. Why are they now excluded?
For what reason? They do not cause exterior effect of the property, such as
noise, traffic, odor, dust, smoke, gas. They could pass favorable with fish nets,
boats, gear, and fish odor. Why such a capacious exclusion? The existing Code
also excludes such things as beauty shops. They are quiet, dust free, smoke
Pg I1 - PH LL Zoning Use
free, etc. The restrictions are there to protect residential zoning, but there
is no logic in the pattern in which they are applied. These amendments, I think,
should benefit the majority of homeowners in residential zone. They simple add
to a lack of confidence by citizens in their own zoning standards. The zoning
has not been changed, but business use has been expanded. Meddling with the
Zoning Code to settle existing situations does not restore our confidence. I would,
also, llke to comment on the staff, that The Suffolk Time made a real mess out
of that legal notice in the newspaper. When was that published? I read it, I
think, just last week. So there's been one week between the reading of that in
the newspaper, and this meeting tonight. I would like to say that it's very difficult,
as the Editor of the Voter, which is the League of Women Voters publication. I
could not get this information to our 250 readers, many of them senior citizens.
I believe many people did not see this legal notice. I really feel that there has
been a problem with that publication, and that you should reconsider what you
are going to do about the final vote. Thank you.
SUPERVISOR HARRIS: Mrs. Phillips, we publish in two newspapers.
DOROTHY PHILLIPS: Not everybody gets two newspapers.
SUPERVISOR HARRIS: I'm saying, we purposely publish in two newspapers in
case there's some adults read one, and some read the other, to make sure we
get enough public as possible.
DOROTHY PHILLIPS: If the Suffolk Times unscramble that, they would be doing
very well.
SUPERVISOR HARRIS: Thank you for your comments. Is there anyone on right,
that would like to speak on this? Yes?
CLAUDE CARLSON: My name is Claude Carlson, and after listening here, I hadn't
intended to speak, but I'd like to say something. I think the Board should be
applauded for taking a step in the right direction to try to help people out here
to become. . self-employed people will be able to work out of their hemes, who had
been having difficulty in previous years. My understanding to begin with, is
it's unconstitutional to begin with, but it's a neccessary restraint that's put on
us, and I think you guys are doing a good job by looking at it, and try to make
some changes for the betterment of the general public, and still keep within certain
restraints, and also, in response to Mrs. Flynn's comments about property values,
you know everybody is talking about, worrying about property values dropping.
I think a major concern here is that increases in property values, which have
driven out many local people, who can't afford to live here anymore, because
property values are soaring so high over here in the past ten years. I don't
think that thinking decreasing property values is a problem. I think it's a
problem in the other direction. Thank you.
SUPERVISOR HARRIS: Thank you for your comments.
F.M. FLYNN: Since I've been referred to personally, may I respond?
SUPERVISOR HARRIS: Mr. Flynn, it was Mrs. Flynn.
F.M. FLYNN: I'm sorry my hearing isn't at it's best.
INGEBORG FLYNN: I will respond. I have been a professional for over 30 years,
and I don't think you can..if I say that it effects the property values, believe
me it effects the property values,, adversely.
Pg 12 - PH LL Zoning Use
SUPERVISOR HARRIS: Would you respond to the Chair, not to individuals.
JOHN STANKEWICZ: My name is John Stankewicz. I've lived here all my life.
I didn't come here to speak, but some of things here made my blood boil. I've
been here all my life. We had it good here. People come here, they come here
for nine years, ten years, because they like it here. Then they come here, and
want to change everything. We had it pretty good here up to that. I think the
Town Board was going in the right direction. We were here, I have people here
for twenty years, twenty-five years, working out of their homes, and making
their living, and now a couple of people object to that, said about vacant stores.
Well, you've got plenty of vacant stores here now, and they're building more,
so how do you expect to fill them up, and stuff. Now, some of these people,
if they don't like it the way we had it here, because they want to change the
laws, I don't know why they ever come here.
SUPERVISOR HARRIS: Thank you. Yes, all the way in the back.
STEVE LATSON: Steve Latson. i'm Secretary of the Bayman's Association. I
applaud this change simply on the fishermen's aspect. I see they're in a compli-
cated situation, so are the other occupations. My personal feeling is that no
matter what occupation you have, if it's small, and unobtrusive, and there's no
environmental pollution, whether lighting, noise, etc., I don't see why someone
can't carry it out. I think they define that there are a lot of businesses in this
town, right now, being carried on in residential neighborhoods. I think most
fishermen are now actually working illegally. I certainly am, and I have been
for quite a few years, and yet, I keep all of my gear at my mother's property,
and have not had any neighbors ever complain. They seem to be selling the houses
at good high prices, and so as far as that kind of thing, I don't see any problem.
The bottom line is fishermen have been working in Southold Town on the basis,
that they work out of the homes since the beginning of Southold, and the fact
is there is no way can operate unless we do operate out our homes. We don't
make enough money to rent commercial property, so if anyone is interested in
having fishermen stay in this town, this law has to be passed. I'm not saying
you can't modify it a little bit, but it does have to be passed, or else we all
have to go to jail. Thank you.
SUPERVISOR HARRIS: Thank for your concern.
COUNCILMAN PENNY: I'd like to clarify one point, and there's another section
of the Code, that addresses open storage. It's been mentioned here, that certain
products from use of tradesmen, and clutter of properties, and run down their
values. Section 100-236. Open Storage, specifically as it is in place right now,
and this is the subject of the next public hearing, and this particular part of
it is not going to change. No unenclosed storage, which means that if a trades-
men is to work on his property, that he can not run down the neighborhood,
because only..if he brings any material back, etc., etc., they have to be in an
enclosed building. This is a misconception, that I heard mentioned here two or
three times. I just wanted to clarify that.
SUPERVISOR HARRIS: Thank you, Councilman. Yes?
Pg 13 - PH LL Zoning Use
BETTY BROWN: My name is Betty Brown, and I represent the North Fork
Environmental Council. I'm here this evening to share some of our concerns with
the Board. I'd to clarify before I began, that Easthampton Town has a proposed
a~-~nClrr~t number 1003-I-20, and I'd like to recite it if I may, and say that the
North Fork Environmental Council supports this amendment for the baymen of
Southold Town. It states, that the activities by residents connected with produce
of the seas, bays, or harbors, caught or dug by him, including storage of
boats, gear, spreading or mending of nets, or other gear, and sale of such
produce so gathered, shall constitute a home occupation. We wholeheartedly support
an amendment like that for the baymen. Here are our other concerns. We are
aware that it is standard practice for a zoning ordinance to permit the establishment
of professional offices, as home occupations in residential districts. Home offices
were common in neighborhoods before zoning began. Municipal legislators and
draftmen of model ordinances concluded that these do not harm such neighborhoods.
Other applications were permitted to continue subject to restrictions intended to
render them so unobtrusive, that they would detract little from the primary
residential neighborhood. The evening we are here to consider expanding home
occupation to include more intense uses. After reviewing the section of the Code
in the Riverhead Zoning Code, Southampton Zoning Code, and the Easthampton
Zoning Code, I believe the inclusion of tradesmen are not defined under home
occupation, and therefore not allowed. I ask the Board would it not be wise to
explore the reasons other towns have choosen not to broaden their definition to
expand this particular use. I am certain that maintaining neighborhood character,
and it's residential integrity, is not only NFEC's concern, but also, you as a Board's
objective. Will adding more intense uses in residential zones undermine the intent
of zoning? Will the Board want to maintain more control in order to insure that
new uses are compatible (tape change) In addition, the Board may be a coward
to impose conditions custom made to contain a particular use in a specific location.
We urge the Board to carefully deliberate the ramifications of such an amendment
in years to come. Foresight by all means, an ingredient in the decision making
process. We ask the Board to return this amendment back to the committee.
SUPERVISOR HARRIS: Thank you for your comments. Is there no other comments
on this public hearing? (No response.) I'll declare it closed at this time.
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC HE/I~dING
ON lOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there has
been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on
the 26th day of February, 1991,
a Local Law entitled, "A Local
Law in Relation to Zouing Use
Regulations/'
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold
a public hearing on tile aforesaid
Local Law at the Soudiold Town
Hall, Main Road, Southold,
New York, on the 26th day of
March, 1991, at 8:~ P.M., at
which time all interested persons
will be heard.
This proposed "Local Law in
Relation to Zoning Use Regula-
tions" reads as follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
I. Chapter 100 (Zordng) of the
Code of the Town of Southold
is hereby amended as follows:
1. Section 100-13 (E~fmitions)
is hereby mended as follows:
HOME OCCUPATION--
A. Any gainful activity
customarily conducted only
within a dwelling unit by the
residents thereof that is clearly
secondary to the residential use.
B. Activities carried on by the
residents which are connected
with produce of the :seas, bays
or harbors caught or _d~g by
them including storage and
dockage of boats and gear,
spreading and mending o; nets
and other gear and sale of such
· - produce so gathered, shall also
constitute a "home occupation:'
C. 'Itadesman, not limited to
carpenters, plumbers, land-
scapers, painters, masons and
electricians.
HOME PROFESSIONAL
OFFICE-- This shall be
understood to include the pro-
fessional office or studio of a
doctor, dentist, teacher, artists,
architect, engineer, musician,
lawyer, magistrate o:r practi-
tioners of a similar character, or
rooms used for "home occupa-
tions~' provided that the office,
studio or occupational rooms
are located in a dwelling in
which the practitioner resides.
2. Section 100-31(C)(2) (Ac-
eessory Uses) is herchy amend-
ed as follows:
2. Home occupation, in-
cluding home professional of-
rices, provided that:
(a) l~o dispIay of goods is visi-
ble from the street.
Co) Such ~cuI n is in-
cldentui to the resinc~tal me of
tbe Promises and is casried on in
the main building by the
residents therein with not mom
than one (1) non-resident
assistant.
(c) Such occupation is carried
on in an area not to ~v. ceed
twenty-five percent (2.S%) of the
area of all floors of the main
building, and in no event shall
such use occupy mom than five
hund~d (500) square feet of
floor area.
(d) There shall be noexterior
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
groul~ in excess of five (5)
pupils at one (1) time or where
concerts or recitals are held are
(0 In no manner shall the ap.
penrauce of the bulidtn~, be
altered nor shall the occul~tion
be conducted in a manner that
wouid canoe the prsmises to lose
its residential character in-
cinding, but not limited to, the
use of colors, materials, con~
struction or lighting. No display
of products shall be visible from
the street, and no stock-in-trade
shall be kept on the premiss.
(g) Notwithst~mding anything
set forth el~vbere in this Arti-
cle, home occupations and
hom~ professional office shall in
no event be deemed to include
real estate or insunmce offices,
animal hospitals, kennels,
barbershops, beauty parlors,
clinics or hospitais, mortuaries,
nursery schools, clubs, auto
repair shol~, rutanrants, tourist
homes, rooming houses or boar-
ding hous~ and uses similar to
those ~ above.
(h) Sig~. $~ ~tioa
fabrtcutio~ m m~truction of
any type on the site.
(j) Outdoor storage of equip-
ment necessary for residents
oennects with produce of the
seas shall be screened from view
and shall conform to the set-
backs for acceesory structures.
IL This Local Law shaft take
effect upon its filing with the
Secretary of State.
Copies of this Local Law are
available in the Office of the
Town Clerk to any interested
persons during budness hours.
DATED: March 12, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-3/21/91(16)
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
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 lhe annexed is a printed copy,
has been published in saki Long Island Traveler-Watchman
once each week for... ..~... weeks
successively, commencing on the
d,y or.'. .... ......
Sworn lo before me Ibis c~. /
..................... clay of
.......... . ..... ,
Notary Public BARBARA g. SCHNEIDER
NOTARY PUBUC, st:re ol New York
No. 4806846
Qualified in Su[lolk County
Commission Expires
~ NOTICE IS HEREBY
C~4t~l Ihnt the~ has been presumed
th~ ~ Bo~rd of the Town o~
· smh~K ~ffolk Co~ty, new Ymk,
~ dss 2hh day of Febmav/, 1991, a
L~ml La~ e~thled, "A L~M l~w IB
~ to Zoning Use RegMm-
NOTICE IS FURTHER GIVEN
ams em Town B~Of of tbe Term of
Smmbeld w, ill hold a public heark~
OB lite Mo~said Local Law at the
SqmlboM Town Hall, Main Road,
Ssmbd~ Nuw Ye~k, ce the 26th day
M ~ 1991, at 8:02 P.M., at
belmsmL
This proposed 'Local Law in
~ to Zoning Use Regulations"
marls asJdows:
Iii IT IINACTED, by the Town
Bmsddlb Town of Sotuhold as fd-
Chqmw 100 (Zoning) of the Code
~ ~m ~mwn of So~hold is herchy
~ as follows:
l. Smmim~ 100-13 (Det'mitlons) is
~ amended as follows:
~ OCCUPATION--
A. Any gainful activity cus-
-Iomarily conducted only
v~fhJn · dwe~liflg mit by
mtidmu thereof that is clear-
ly secondary to the res-
idmtial use.
B. Activities carried off by the
residents which are co~nect-
ed with produce of the seas.
bays or harbors caught or dug
by them including storage
and dockage of boats and
gear, spreading and mending
of nets and other gear and
sale of rah preduce so gath-
ered, shall also constitute a
'beme occup~on."
C. Tradesman, not limited to
scapeu, Immefl, nuisens and
elecuicims.
HOME PROFESSIONAL OF-
FICE -- This shah be under-
sMud to include the peofessicml
cffice or studio of a doc~, den-
tist, teacher, artist, architect,
engineer, musician, lawyer.
magistra~ or puctitio~en of a
ed that the office, studio or
occup~ioml foetus ar~ lo,ted
in · dwelling in which
2. Section 100-31(C)(2) (Acc~o-
ry U~es) is berd~ mnended as
2. Home ~cu~ie~, inctu~,~
home =ssional offices,
provid~ mat:
(a) No display of goods is
(b) Such occupation is in-
cae (1) nonmsidem assls-
(c) Such occupation is
(25%) of the aves of all
five hundred (500) square
(d) Them shall be no exterior
(e) Studios wbem dancing or
(f) In no manner shall the
cause the p~mis~s to lose
(h) Signs -- See Section
' 100-31(C)(9)
(i) Home occupation and
il. This Local Law shah mite effect
upon its filing with the Secretly/
~ State.
~es of ~ ~ ~w a~ ~a~-
able ~ ~ O~ of ~ T~ Cle~
DA~: M~ 12, 1~1.
~ T. ~Y
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
SHARON ROCK of Mattituok, In
said County, being duly sworn, says tlut ho/she Is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituok, In tho Town of SoutheM, County of
Suffolk and State of New York, and thet the Notice of which
the annexed Is a printed copy, has been regularly published in
said Newspaper once each week for ] weeks
suocosslvoly, commencing on tho 21 day of
MARCH 1991
. ,___._ Principal Clerk