HomeMy WebLinkAboutLL-1992 #14LOCAL LAW NO, :' 14. 1992
A Local Law in Relation to Zoning
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:
Section 100-13 (Definitions) is hereby amended by deleting the
following:
HOME OCCUPATION - This shall be understood to 'include the
professional_of_f~e_o_r _~t_udio_of a doctor, d_en_t_ist, teacher.
artist, architect; engineer, musician, lawyer, magistrate or
practitioners of, a .similar character, or rooms used for "home
occupations." including home baking, millinery or similar
handicrafts, provided that the .office. studio or occupational
rooms are located in a dwelling in which the practitioner
resides and pFovided further that.no goods are publicly
displayed on th~ premises and no 'sign or advertisement is shown
other .than 3 sign hot larger than two 12) square feet in total
ar~a. bearir~g:only, the name and occupation (wo'rds only) of the
practitioner ~
Section 100-13 [Definitions) is hereby amended by adding
there~o the ,folloWing:
HOME BUSINF-~S OFFICE - The business office of an individual
which does not qualify for Home Professional Office yet provides
a service rather .than the retail sale of goods., ii.e., offices
providing the ~service of consulting, advertising, designing
and/or marketing, and which typically require a home personal
computer, telephone and/or facsimile transmission machine).
HOME OCCUPATION -
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."
Co
Tradesmen, not limited to carpenters, p)umbers
landscapers, painters, masons and electricians, provided
that no retail sales or services are conducted on site.
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.
3. Section 100-31(C)(2) is hereby amended to read as follows:
Home Occupation. including home professional offices and
home business office. In permitting these uses. the Town
Board. reco,qnizes that our residents historically have.
operated small businesses which provide services 'to the
community from their homes. We find that these businesses
have not impacted negatively on the appearance of these
residential zones, In our iudgment, we find that in order '
to mai'ntain the economic viability of our town. to maintain
our r.:,ral quality of life and in the interests of the
welfar~ of our residents, these businesses lot home
occupations) should be permitted to continue. In setting
forth the f.oHowinq subsections, we intend to permit as c~f
right certain .business uses in residential zones with the
understandinc~ that these uses are to be conducted ih a
manner that will not alter the character of our residential
neighborhoods. We believe the following subsections
provide sufficient safeguards.to accomplish that aim.
These uses shall be permitted provided that:
a=
No display of products shall be visible from the
street, and no stock-in-trade shall be kept on the
premises.
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)
nonresiden~ assistant for whom off-street parking must
be pro~/ide~J on. site.
Such occupation is carried on in an area not to exceed
twenty-five percent 125%) 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.
There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust. smoke, gas,
fumes or radiation.
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 oonducted 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. N~ d~pPa~ o'F ~ sh'a~k
v+~ibte-h~m-the street',- an~
Notwithstandin.g anything set forth elsewhere in this
Article, home occupations, home business office and
home professional offices shall in no event be deemed
to include .animal hospitals, kennels, barbershops,
beauty parlors, clinics or hospitals, mortuaries,
nursery schools, clubs, auto repair shops,
restaurants, tourist homes, rooming houses or
boardinghouses and uses similar to those listed above.
h. For signs, Section 100-31C(9)(a).
Home occupations, home business office and home
professional offices shall not include manufacturing,
fabrication or construction of any type on the site.
The outdoor storaqe of equipment necessary for
residents connected with aquaculture shall be screened
from view and shall conform to the setbacks for
accessory structures.
II. This Local Law shall take effect_ upon its filing with the Secretary
of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
Text contained in this Local Law which is neither underscored nor
overstruck is included for the purpose of re-lettering
RYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany, ~Y 12231-0001
DATE: 8/7/92
LOCAL LAW(S) NO. YEAR
FILING DATE
8/6/92
Local Law Acknowledgment
J-- JUDITH T TERRY
TONN OF SOUTHOLD
TOWN tL~LL 53095 MAIN ROAD
PO BOX 1179
SOUTHOLD NY 11971
L
DOS-236 (Rev. 6/90)
-I
_1
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State,)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
{~1~< $o'uthold
Town
Local Law No. 14 of the year 19 92
Alocallaw In Relation to Zoninfl .................
(ln~ert Title)
of
the
Be it enacted by the ..............:,__o__,,_,_,..H~?.,.~ ........................................................
~i{~ Southold
of .......................................................................................... as follows:
Town
I
Chapter 100 {Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 100-13 {Definitions) is hereby amended by deleting
the ~¢ollowing:
HOME OCCUPATION - This shall be understood to include
the professional office or studio of a doctor, dentist.
teacher, artist, architect, engineer, musician, lawyer.
magistrate or practitioners of a similar character, or
rooms used for "home occupations." including home baking.
millinery or similar handicrafts, provided that the office.
studio or occupational rooms are located in a dwelling in
which the practitioner resides and provided further that no
goods are publicly displayed on the premises and no sign
or advertisement is shown other than a sign not larger than
two {2) square feet in total area. bearing only the name
and occupation {words only) of the practitioner.
2. Section 100-13 {Definitions) is hereby amended by addinq
thereto the following:
HOME BUSINESS OFFICE'- The business office of an
individual which does not qualify for Home Professional
(Ir additional space is needed, attach pages the same size as this sheet, and number each.)
r~s-_,~9 ~Rev. 7,9~ (i)
Office yet provides a service rather than the retail sale
of goods [i.e., offices providing 'the service of
consulting, advertising, designingiand/or marketing and
which typically require a home personal computer, telephone
and/or facsimile transmission machine).
HOME
OCCUPATION -
Any gainful activity customarily i'conducted only within
a dwellin9 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 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."
C. Tradesmen. not limited to carpenters, plumbers
landscapers, painters, masons and electricians.
provided that no retail sales or services are
conducted on site.
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.
3. Section 100-31(C)(2) is hereby amended to read as follows:
Home Occupation. including home professional offices
and home business office. In permitting these uses.
the Town Board recognizes that our residents
historically have operated small businesses which
provide services to the community from their homes.
We find that these businesses have not impacted
negatively on the appearance of these residential
zones. In our judgment, we find that in order to
maintain the economic viability of our town. to
maintain our rural quality of life and in the
interests of the welfare of our residents, these
businesses (or home occupations) should be permitted
to continue. In setting forth the following
subsections, we intend to permit as of right certain
business uses in residential zones with the
understanding that these uses are to be conducted in
~ manner that will not alter the character of our
residential neighborhoods. .We~believe the following
subsections provide sufficient safeguards to
accomplish that aim. These uses shall be permitted
provided that:
No display of products shall be visible from the
street, and no stock-in-trade shall be kept on
the premises.
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 for whom
off-street parking must be provided on site.
-f.
Such occupation is carried on ~n 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.
There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust, smoke,
gas, fumes or radiation.
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.
Notwithstanding anything set forth elsewhere in
this Article, home occupations, home business
office and home professional offices shall in no
event be deemed to include animal hospitals,
kennels, barbershops, beauty parlors, clinics or
hospitals, mortuaries, nursery schools, clubs,
auto repair shops, restaurants, tourist homes,
rooming houses or boardinghouses and uses
similar to those listed above.
h. For signs, Section 100-31C(9)(a).
II.
Home occupations, homA' l~usiness office and home
professional offices shall~ not include
manufacturing, fabrication or construction of any
type on the ~ite. ' "
The outdoor storage of equipment necessary for
residents connected with aquaculture 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 paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No: ..........._'13 ..................... of 19--9-2---
of the (':Cam~t~r~(Town~r~rl~Ila~ of Southold ....................... was duly passed by the
................. ........ '_'_ ...... ....... ...... ............ . ..
~l~own ~oar~" on Jul_y _2-__8.,__. 19 __9._, in accordance with the apphcable prows~ons of law.
(Name o/Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the ICounty)(City)(Town)~(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of £egislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Finai 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 .................. 19 ...., and was (approved)(not approved)(repassed after'
(Name of Legislative Body)
disapproval) by the .......... '- ...................................... on ................... ~.9 ..... Such local law was submitted
(Eleclive Chief Executive Off. er*)
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 f'ded requesting
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 .................. 19 .... , and was (approved)(not approvcd)(repassed after
(Name of Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chlef Executi~e Of~cer*)
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 counW-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the suporvisor of a town where such officer is vested with the power to approve or veto lOcal laws or ocdinances.
(2)
'5. (City local law concerning Charter revision proposed by petition.)'
I hereby certify that the local law annexed hereto, designated as local taw No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisio~ of
section (36)(37) of the Municipal Home Rule Law, and having receiv6d the affirmative vote of a majority of the
qualified electors .of such city voting thereon at the (special)(general) eleCtion :held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
[ 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 ufa maj6rity of the qualified electors of the cit-
ies of said county as a unit and 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 b~n followed, please provide an appropriate certification.)
I further certify that I have compared the precedinglocal 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 in-
dicated in paragraph ....... .1..__, above.
Clerk of ~e County legislative body, City, Town or~llage Clerk
or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: July 29_. 1002
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other autho, rized attorney of locality.)
STATE OF NEW YORK
coLd-fY OF SUFFOLK
[,atvhee bUe;dne hmaidg~;dt, ahk;lne~oYr tC~retiefYnatchtamt tehn:, of~rtehgeOlioncgall. ~~Iocaat laan~eCOn~ .a~et~rettho~rrect, text~~and ,~at al! proper proceedings
~;ignapre
I
Matthew G. Kiernan, Assistant Town Attorney
Title
Date:
Southold
July 29, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
July 14, 1992
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING" (:HOME
OCCUPATION, HOME BUSINESS OFFICE, HOME PROFESSIONAL OFFICE).
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H, Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Assistant Town Attorney Matthew G.
Kiernan
SUPERVISOR HARRIS: At this time we have public hearing on a Home Occupation
Amendment. I want to thank you all for coming out. I know you all have busy
schedules. It's great to see this type of participation in local government. The
procedure for the evening, once the Local Law proof of verification, and publication
is read, those individuals wishing to speak will be recognized by myself, the Chair.
State your name, please, for the record. You have five minutes max. It will
be adhered to. Hopefully you can be concise, and short with your statements
to give other people an opportunity to speak, who wish to do so. I want to thank
you for over a year ago, we had a public hearing on the same Local Law, and
it was a very orderly, and a very well conducted audience, and I appreciate the
opportunity to comment you for a year ago, for your conduct, and I expect the
same tonight to put be put forward in front of your local Town Bbard. At this
time, Councilman Penny will read proof of publication, and verification of such
Local Law.
COUNCILMAN PENNY: "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
7th day of April, 1992, a Local Law entitled, "A Local Law in Relation to Zoning"
(Home Occupation, Home Business Office, Home Professional Office). 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 14th day of July, 1992, at 8:00 P.M., at which time all interested
persons will be heard. This proposed "Local Law in Relation to Zoning" reads
as follows:
.Pg 2 -.PH LL Zoning Home~-~,ccupation
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 $outhold is hereby
amended as follows:
I. Section 100-13 (Definitions) is hereby amended by deleting the
following:
HOME OCCUPATION - This shall be understood to incude the
professional office or studio of a doctor, dentist, teacher, artist,
architect, engineer, musician, lawyer, magistrate or practitioners of
a similar character, or rooms used for "home occupations",
including home baking, millinery or similar handicrafts, provided
that the office, studio or occupational rooms are located in a
dwelling in which the practitioner resides and provided fu.-ther
that no goods are publicly displayed on the premises and no sign
or advertisement is shown other than a sign not larger than two
{2) square feet in total area, bearing only the name and occupation
(words only) of the practitioner.
2. Section 10-13 (Definitions) is hereby amended by addin9 thereto
the following:
HOME BUSINESS OFFICE - The business office of all individual
which does not qualify for Home Professional Office yet provides
a service rather than the retail sale of goods. (i.e., offices
providing the service of consulting, advertising, designing and/or
marketing and which typically require- a home personal computer,
telephone and/or facsimile transmission machine).
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 wllich 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".
C. Tradesmen, not limited to carpenters, plumbers, landscapers,
painters, masons and electricians, provided that no retail sales
or services are conducted on site.
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 practitions 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.
3. Section 100-31(C)(~) is hereby amended to read as follows:
2. Home Occupation, including home professional offices and
home business office. In permitting these uses, the Town
Board recognizes that our residents historically have
operated small businesses which provide services to the
commu,nity from their homes. We find that these businesses
have not impacted negativelY on the appearance of these
resider~tial zones. In our judgement, we find that in order
to mair~tain the ~conomic viability of our town, to maintain
our rulral quality of life and in the interests of .the welfare
?g 3 - PH LL Zoning Home~,ccupation
of our residents, these businesses (or home occupations)
should be permitted to continue. In settincg forth the
following sub~ections, we intend to permit as of right certain
business uses in residential zones with the understandinq
that.these uses are to be conducted in a manner that will
not alter the character of our residential nei~lhborhoods.
We believe the following subsections provide sufficient
safeguards to accomplish that aim. These uses shall be
permitted provided that:
a. No display of products shall be visible from the street,
and no stock-in-trade shall be kept on the premises.
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 for whom off-street parking must
be provided on site.
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.
e. Studios where dancing or music instruction is offered
to groups in excess of five (5) pupils at one (1) time
or where concerts or recitals are held are prohibited.
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
a nd- ~t~ ~ -~t~- -W~le- ~-~h~a~ -b e - ke~t- on- -t~e- -i~t~em is-es-.
g. Notwithstanding anythinc~ set forth elsewhere in this
Article, home occupations, home business office and
home professional offices shall in no event be deemed
to ioclude animal hospitals, kennels, barbershops,
beauty parlors, clinics or hospitals, mortuaries,
nursery schools, clubs, auto repair shops, restaurants,
tourist homes, rooming houses or boardinghouses and
uses similar to those listed above.
h. For signs, Section 100-31C(9)(a).
i. Homle occupations, home business office and home
pro'f~e~sional offices shall not include manufacturing,
fabHication or construction of any type on the site.
J. The! outdoor storage of equipment necessary for
resi!:lents, connected with aquaculture shall be screened
from.' 'view and shall conform to the setbacks for
acce~ssory structures.
I. This Local Law sha~ll take effect upon its filing with the Secretary of State.
* Overstrike represeAts deletion(s)
** Underscore represents addition(s)
Text contained in this Local Law which is neither underscored nor overstruck
is included for the purpose of re-lettering.
Pg 4 - PH LL Zoning Home Occupation
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: June 16, 1992. Judith T. Terry,
Southold Town Clerk." We have affidavits of publication from the local papers. We
have an affidavit of posting from the Town Clerk, that this has been posted on
the Town Bulletin Board for the appropriate time. We have the following communi-
cations from the Planning Board, Town of Southold, April 28, 1992. Dear Mrs.
Terry: At its public meeting on April 27,1 992, the Planning Board adopted the
following report pertaining to the proposed local law on Home Occupations, Home
Busines~ Offices and Home Professional Offices.. Our review of the proposed
local la~/ raised two concerns. The first has to do with the fact that the information
contained in Section 100-191 Q. of the Zoning Code is not referenced or repeated.
We feel that the information contained in this section is important for any resident
who wishes to know how he or she may operate a home occupation, business office
and professional office. This section reads as follows: Q. Supplemental regulations
for pri~ate garages and off-street parking areas in residence districts. (1) Commer-
cial vehicles, la) One (1) commercial vehicle not exceeding twenty (20) feet in
length lay be parked in the driveway on an occupied lot in any residence district
except hat one (1) commercial vehicle not exceeding twenty-five (25) feet in length
may be parked in the driveway on an occupied lot in any residence district, provided
that the owner of the occupied lot has continuously maintained title to such vehicle
since tl~e date of the enactment of this amendment lb) One (1) commercial vehicle
not exceeding twenty-five (25) feet in length may be parked within a private gar.age
in any [esidence district, lc) Commercial farm vehicles are permitted as accessory
to a commercial farm use in any residence district. The second concern has to
do withlthe real potential for a traffic nuisance to be created by clients arriving
by car at the home professional's office. This is likely to be the case with pro-
fessiona~s such as doctors and dentists where several patients may be waiting
in the office over a period of time. Accordingly, we would like to suggest the
addition of the following safeguard: There shall be no traffic safety impact on
the immediate street. With regard to the environmental review, we have no further
oblect~o~ to being lead agency. Further, we do not wish to be listed as a coordi-
nating agency. From the County of Suffolk. Pursuant to the requirements of
Section~ A 14-14 to 23 of the Suffolk County Administrative Code, the above
referencJed application which has been submitted to the Suffolk County Planning
Commisslion is considered to be a matter for local determination. A decision of
local de~Fermination should not be construed as either an approval or disapproval.
Comments: Compliance with restrictive regulatory requirements is essential in
maintaining the integrity of existing residential areas. Very truly yours, Arthur
H. KunlJz, Director of Planning.
SUPERVISOR HARRIS: Thank you. At this time, I will entertain comments from
the audlence. I'll start to my immediate right. Those wishing to address the
Board on this Local Law amendment change, please do so, five minutes max.
BETTY~OSS: My name is Betty Ross. I'm referred to Section 100-31(C)(2)
3a. No display of products shall be visible from the street, and no stock-in-t.rade
shall beJkept on the premises. I assume this, for instance, would mean that a
painter ~ould not keep his paint cans on the premises, or an electrician could
not keep wires, and sockets, and fuses on the premises. In the guise of redefining
home occupation, the Board will permit a established tradespeople to move businesses
back into their homes, or expand what is ah'eady illegally there. Members of
the Board tell us the old law was not enforceable, however, no provision for
inspection, enforcement, or licensing has written into the amendment. The new
law renders legal that which was formerly illegal, if there is no provision for
enforcement, wiJl the next change broaden the home occupation definition even
?g 5 - PH LL Zoning Home?~-~ccupation ~,
further? Since enforcement of the present law has been ignored, what assurance
do we have that the new law will be enforced? If this change is enacted, Southold
Town will have the questionable distinction of being the only town on all of Long
Island to have no strictly residential zoning. ¥¥hat does that mean to the average
taxpayer? If you live in an area where there is a property owners' association
with well established covenents and restrictions prohibiting home business use,
the burden of enforcement of those restrictions will be upon the association. If
a tradesperson defies the covenents and restrictions by opening a business in
his home, the association will have to foot the bill for litigation. All of $outhold
Town will be zoned for business. That's an improvement? That's a disaster.
LINDA LEVY: Good evening. My name is Linda Levy. l'm the Southold Coordi-
nator for North Fork Environmental Council. The North Environmental Council,
which represents close to 1100 members, is aware of the long history of the Home
Occupations Law here in Southold. We are also conscious of the tradition of home-
based small businesses in the Town. Like most residents of the Town, we agree
with the Town Board that one way to maintain our rural quality of life is to encourage
the agriculural and fishing i'ndustries in the Town. To the extent that the Home
Occupations Law does that, we support the law. There are, howeverr other aspects
of life in Southold which must also be protected. The tranquil atmosphere of our
residential neighborhoods must be safe-guarded. The right of residents to peaceful
enjoyment of their homes must be guaranteed. Homeowners should not be faced
with sudden decreased property values due to the alteration of their n.eighborhoods.
Our non-home-based tradespeople also have needs which must be addressed. Unfair
competition by their peers who have no commercial rent or other overhead to pay
is a legitimate concern. If all our tradespeople were to decide to ope'rate out of
their homes, we would be left with even more commercial vacancies than at present.
Rather than maintaining the economic viability of the town, this legislation could
destroy it. Many of these issues could be addressed however, with proper enforce-
ment of the law. Enforcement is not discussed at all in the language presented
here. If in fact one of the purposes of the law is to insure that ce~'tain business
uses are to be conducted in a manner that will not alter the character of our
residential neighborhoods, some guarantee that this conduct will be adhered to
must be included in the law. Registration of home business offices, professional
offices, and occupations should be required as a means of overseeing and enforcing
the. standards outlined in the Law. At the time of registration, the resident could
be given a copy of the various regulations regarding home occupations, thereby
preventing any misunderstanding of the permitted uses. The process of enforcement
would be greatly facilitated if all home businesses were registered in a readily
accessible manner at Town Hall. We are also concerned that there is an apparent
contradiction in the proposed Local Law between Section B of the Home Occuptation
definitions and Section 100-31 (C)(2)(a). In Section B, the definition of home
occupations includes the activiites carried on by residents which are connected
with produce of the seas, and sale of such produce so gathered. Subsequestly,
in the section on safeguards, it states no stock-in-trade shall be kept on the
premises. How will the sale of product from the seas be possible if there is no
stock-in-trade on the premises? If the intent is to exempt the baymen from this
restriction, are they also exempt from all the other safeguards in this section?
If that is the case, this proposed law does effectively rezone the entire town,
as feared by many Town residents. The definition in Section B is also problematic
in that it is too broad. Activities carried on by the residents which are connected
with produce of the seas, bays, or harbors, includes just about anyone with a
fishing pole. These broad, generalized terms are the very problem that Town
.Pg 6 - PH Zoning Home Occ.~ation
residents are concerned with. We urge the Board to limit this class of occupation
in some other way, either by tightening the language, or by restricting it to only
those residents who ~re currently conducting such activities. Finally, we are
concerned that this and Other Code changes may be premature. The US/UK Task
Force is charged with reviewing the Town Code to insure that the rural nature
of the Town is maintained into the future. The Task Force may have additional
concerns regarding Home Occupations and their implications for planned development,
The Town may be better served by allowing the Task Force to investigate this
issue and propose an amendment to this and other existing local laws within a
framework of consistent planning. The NFEC does agree with the Town Board
that the existing Home Occupation Law need to be amended. We also agree that
all efforts should be made to encourage the agricultural and fishing industries
as thriving concerns in our Town. We urge the Board tonight to carefully consider
whether this law achieves this goal without sacrificing the equally vital residential
communities.
SUPERVI~SO.R HARRIS: Thank you. Yes? Mrs. Phillips?
DOROTHY PHILLIPS: My name is Dorothy Phillips, and I'm a resident of Southold.
I am known as a spokesperson for the League of Women Voters, and I'd like to
say at this time, that I am not speaking for the League of Women Voters. I am
speaking for myself. Why is there opposition to this zoning law? In the field of
planning and zoning, regulations are meant to be a rational way of handling community
development problems. These regulations provide for separation of land uses and
there is a clear distinction between trade and residential use. We clearly recognize
the hamlets, village, and the Main Road, to be one kind of use and our residential
areas another. The zoning enabling statutes Town Law Section 263 provide that
zoning laws shall be made in accordance with a comprehensive plan. Regulations
should be promulgated to lessen congestion in streets, to provide for general
welfare, and to consider a district's peculiar suitability for particular uses and
to conserve the value of buildings. The introduction of commercial traffic and
the parking of 20 foot trucks in residential areas changes the characterictic of
that neighborhood. Some of our neighborhoods consist of only two or three blocks.
Permitting business uses in residential districts such as these effectively lowers
property values, and despite the legislative intent written into this bill does not
add to the safety, health and general welfare of most residents. It is also clear
that a minority would benefit from an indirect subsidy at the expense of the residents
and second home owners. Who opposes this law? Opposition to this law comes
from varied groups in the community. Those tradespeople who had operated legally
and opted to buy commercial property felt unfairly treated, Their costs were
obviously higher than those who worked from their homes. Those who took the
long term view realized that the entire Town had been down-zoned from residential/
agricultural to business. The value of a home would be diminished by the presence
of a 20 foot truck on the block and severely damaged by the presence of one next
door. These people also felt unfairly treated because they had lost the residential
zoning which had provided for the orderly development of their neighborhood.
It must be said that the majority of the legislative committee, I attended their
meetings, they deny our claims and our concerns. They tell us that we have
not been down-zoned, that there are no negative impacts on property values,
and that there will be no deterioration of neighborhood. Their saying so does
not make it so. We can only point out what can happen, knowing that Town
government does not care what happens. I'd like to address the polical aspects
of this law. Very often we avoid political truth in our thoughts and words, but
~g 7 - PH Zoning Home Occ~'stion
the political truth behind this law is that members of our Town Board have built
a constituency. They have built a constituency of contented tradespeople, fishermen,
home bakers, milliners, computer operators~ consultants, brokers, designers, dance
instructors, etc. etc. all providing votes for them in the coming elections. Mr.
Penny, the leading building supplier on the North Fork, deals with the tradesmen,
and by pressing this legislation as strongly as he has, he is strengthening his
political base and economic one. The Board is also capitalizing on its support
for local commercial people. At a public hearing held on the first Home Occupation
Law, John Stankiewicz, I hope I pronounced his name properly, a lifelong resident
of Peconic, commended the Board on drafting the new law a~]d r, eferred disparagingly
to Southold's newer residents as "carpetbaggers". In -truth could they do business
without us? This cavalier treatment of the resi. dential communities can do great
harm over a period of time. Particularly susceptible are the middle income communities
in which the tradesF~ule can be expected to live. The higher priced areas and
those protected by covenants.will not be affected until those covenants expire.
Furthermore existing businesses in commercial areas may return to their homes.
North Fork Fencing owner Steve Perricone said at the June 16th Town Board
meeting, "As soon as I can sell my building, I will conduct my business from home".
The residents of the North Fork all agree that the rural and histo~ric features
of this area are worth saving, but whether this particular code change is even
related to saving farmland and preserving the historic feature of this area is
dubious. I-t is a distortioi] intended to mislead those concerned with the quality
of life here. In political parlence, it is the "spin" necessary to fool'the people.
There are new members on the Town Board whom we hope have the capacity to
think for themselves. 1Ne urge them to ask the Board to delay voting on this
Home Occupation la.w, so that the US/UK Committee, which has received a charge
from this Board, can effectively study, and deal with it. Thank you.
SUPERVIOSR HARRIS: Yes? Mrs. Flynn?
INGEBORG FLYNN: I"m Ingeborg Flynn. I'm resident, and taxpayer of the Town
of Southold, and I'would like to talk tonight only, on one sentence q~ the report
from Bruce Anderson, this town had prepared by him, and I would like only to
refertoor~entence in his report. It said on the last page. Additionally several
residents spoke out against this statute, but a petition of several thousand
signatures in favor of this proposed law was submitted to the Town Board, but
ladies and gentlemen, I went today to the Town Clerk, and asked for the petitions,
and I counted the petitions. Seven hundred and six petitions, and not thousands.
I glanced over the petitions, and found three, four and five family members signing
the petitions, and I found the petitions signed by a person, who everyday brings
a school bus home, and parks it in their driveway against the law. It's against
the law for a long time. Then I did call LILCO, and LILCO keeps a very good
track of our population in every town on Long Island, and LILCO informed me
that the population in the Town of Southold about 20,000. Now, if you take all
the petitions without any errors, I would say about 2 to 3% of the population
signed the petition, and this doesn't include those that think only tradesmen should
sign the petition because this law was incidently, as Mrs. Phillips said, made for
the tradesmen. In the summertime our population grows another 10,000, and that
of course would bring the percentage of the people signing the petition for this
law even further down. In my opinion really the town has no right to ~:hange
the residential zoning to commercial in the town. The New York State
Act states the that a town can not act on behalf of a group of minority at the
expense of the public's health, safety, and well being of the majority. This is
the primary function of every elected official, is to preserve these. I, also,
contacted the ENA. That is the Assessment and Equalization Department of the
.Pg 8 - PH Zoning Home O~ation
State of New York, and they were very surprised, because they had absolutely
never heard. A situation like this was unknown to them, that a town would go
into something like this, and they said to me that the people who benefit from
this amendment would certainly would have to be reassessed, and the people would
suffer from this amendment. They would certainly have to be reassessed. Of
course, I was very much surprised because this should have been public by Mr.
Anderson, who wrote the report, and I think at our last meeting here we asked
you about the economic effect on the town, and it was sort of brushed aside.
Of course, the economic effect would be tremendous on this town, and I tell you
again, in my opinion, the report Mr. Anderson wrote, this isn't worth the paper
he wrote on it. In my opinion it is false. It is incomplete, and it is a useless
expense of the taxpayers of the Town of.Southold, and it would not withstand
any challenge, and 1 am also of the opinion, that this amendment should be rejected,
and it is legally and morally indefensible. I don't know if my five minutes are
up. I would like to tell yo.u that I think that homeownership is something very
special to every homeowner, and to most people it is the largest investment ever
made. People buy homes for different reasons. Of course, we have a second
home market out here, and these people who buy their second homes out here,
all use the tradesmen out here. Although, the tradesmen in my opinion, are
committing treason on the town, because these people who have their second homes
out here invested millions of dollars, millions. Now, you're taking this money
away from them? It is absblutely not right. These people add to our tax base.
They do pay our taxes. They don't take away. They don't increase the use
of our streets. They don~t increase the use of our police. They don't increase
the use of our schools, nor the population of our schools. We just..it was
mentioned today about these carpetbaggers, these new-comers. The only thing
we give now, these peoplewho invested in their second homes, these new-comer,
is high tax. Thank you.
HARVEY BAGSHAW; My name is Harvey Bagshaw. l've lived out on the east
end of the island now almost fifty 'years. I can remember friends, and neighbors
of my grandfather, friends and neighbors of my father, and I have friends and
neighbors who work out of their backyard, and I don't remember it being a problem.
I don't remember anybody gripping.about the land going down. I don't rem~ber
any problems whatsoever. If there was a problem, it's called communication between
the two neighbors. You got a neighbor making a mess, speak to him, have him
clean it up, but I really don't see any harm of some fisherman putting his net
in the backyard, or Newman parking his electrical supply truck at the house,
or Bob Bolger running Long Creek Homes out of his waterfront home,' which is
worth $500,000.00, and with his truck parked in the driveway. I really don't
see a problem, and I think everybody's' making a big whoopdedo.out of nothing.
Thank you.~
GEORGE CAPON: I'm George Capon, and my wife Dawn. We were born here.
I have a house on 7th Street in Greenport. I have a neighbor who runs a business
on the left sicle. .I have a neighbor that runs a business on my right side, which
one is a taxi business, and I think the other one is a limo business. They run
out of the yard all time of night, day. There's no harm. I was born here, and
I can't see why some of these people, that have all these houses on the bay, and
on the sound, who can afford it, wi~y they should pick on us small people here,
and tell us how to run this here town. Thank you very much.
ROLAND PHILLIPS: My name is Roland Phillips. I'd like to comment on some bf
the last speakers comments about new people here in Southold. We came here
in 1980, and we liked it fine, and we really didn't find any problems with the
Pg 9 - PH Zoning Home Oc~"~.~ation ,~;
way people were running their businesses in their yards, and so forth. However,
changing the law to make it non-residential is an entirely different thing, and
that's what the other residents are complaining about. Thank you.
OONALD GRIMM: My name is Don Grimm. I come from Cutchogue. I think it's
good that you let people work at their houses. Everybody has to start someplace,
as long as it doesn't get too crazy, but everybody needs a place to start. A .lot
of young people, who can't afford rent work out of their house, and I think it's
great. Thank you.
JOSEPH RISTUCCIA: My name is Joe Ristuccia. I'm going to speak for TaxPac
this evening, and we are very concerned about this, as has been demonstrated
by the previous speakers on this side of the room. This is a very controversy.
Outside of garbage, I think this is the most controversal issue we'll be seeing
in this town for a long time, and you can take issue from both sides of the fence
here. I think there's some valid points on both sides. The position that TaxPac
took about a year ago was that, you know, this thing ought to be studied, and
now you've come up with the Stewardship Task Force. I think it's been mentioned
previously. I think i.'~,e, mentioned it's been mentioned previ6usly. I .think I've
mentioned it at previous meetings myself, that this is such a controversal issue,
that it will make this town divisive. I've attended many, mariy meetings on this
subject, and l've spoken to many, many different people about it, and it really
heats up the atmosphere. What I think should be done, and this is what TaxPac
is urging, is that because of this we don't want this town to become divisive,
and you can start seeing the tension, and also the heats that's generating from
this issue, and. whatever way you go is either going to exacerbate, or it's per'haps
go in the right direction. There's no question, as I said before, that there are
pieces to the sicles that are both even in terms of both sides have some points
on their position. On the other hand, the legislation scares people to death. It
frightens as far as the value of their homes, and the status of the community,
and this is far reaching throughout the entire town. As a matter of fact, when
you compare it to say other towns on Long Island, we're the only one in Southold.
What we ought to do is, if there's going to be a law, it's got to be the right kind
of law, so it's not going to effect one group over another. That is a concern
that when this law is passed, or is changed, that people's homes are going to
be affected as far as property values. Also, the character of the town, and
conditions of the town will be affected. Whether you were born here, which is
not relevant, or whether you came here five years ago, 'wh'ich is not relevant.
If you're here,and you own property, and ipay taxes, and your citizen, that is
what is relevant. But yet we're all here, We're all in the same boat, and we've
got to look at this thing, so that we're not effected adversely one way, or the
other. Therefore TaxPac's solution is that the Stewardship Task Force take this
along with some of the other issues, that they're going to be 'ex,mining, and then
you're not going to be giving it to a group that's..a special interest group. You'll
give it to someone who represents a cross section of the community, and then
they can study this thing, and come up with the answer. Thank you.
RICH CAGGIANO: My name is Rich Caggiano. I've been asked to speak on behalf
of the Greenport-Southold Chamber of Commerce. l'm going to read statement.
Pardon me if I stumble. It's my own handwriting, and I have trouble with it, so
I'll try to do the best.I can. · For many reasons the Chamber of Commerce supports
the concept of home occupations. Last year when this law was first amended,
and a public hearing was held, the Greenport-$outhold Chamber of Commerce made
several recommendations concerning the law. At the same time, many others raised
concerns about the law as it was written. At that time, the Board choose to ignore
Pg 10 - PH Zoning Home O?~pation ~
these suggestions, and passed the law exactly as it was written. The Chamber
was displeased with the process, and with others pursued the matter further.
A year later, and many meetings later, the current revision is here for another
public hearing. The Chamber of Commerce urges the Board to pass this law.
It addresses our concerns originally expressed last year, and provides sufficient
safeguards to avoid the deterioration of residential areas, l~d like to add a few
comments on how we arrived at that conclusion. In regard to downzoning of
residential areas to a commercial district, the Code is very clear. Home occupations
are a permitted accessory use in the residential district. It has always been that
way, and practically every municipal code has that provision in it. In fact, as
written a passerby sl~ould not know, that there is a business being co0ducted
in a residence, because the provisions prohibit any exterior effects to that business
to a passerby. Secondly, there is concern over enforcement, and that is shared
by the Greenport-Southold Chamber of Commerce. We don't want residential areas
to be deteriorated to become commercial areas. We beii~v~ the Code as written
provides that as a business activity becomes offensive to it's neighbors, that
complaints can be filed with the proper' Code Enforcement Officer in the Town,
and he would be under obligation to follow up on the complaint. I'd also like
to make a comment about the registration of home businesses, and the effect that
would have on enforcement. We feel that there would be no ~ffect w[~atsoever,
because for several reasons. One, how would a business know that he would
be registered? And if he wasn't registered, how would anyone know that business
was being conducted within that premises, if he was complying with the law~. If
he were not complying w~th the law, then he would be open for a violation, and
complaint properly flied w'ith the town, and resolve ~hat~ and correctiYe actions
can be taken. We feel that registration simply would b~ another bureaucratic
snafu, that would not accomplish the goals, that the p~formance would hope to
acheive. We also feel that compliance is going to bes~t acheiYed by an observant
neighbor. He files a co~plaint, and demands that the town take corrective action
against the complaintant. If the people who are in this ~o~m tonight, and go to
oppose this law, would file a complaint, and demand tha~ tl~ere be follow .u!p on
that complaint, that should be enough to follow up enforcemer~t~ and ! think that's
the key. If you ha~e a problem next door, file a comp~laint. If t~l~ere's a complaint
that's followed up, demand that it be followed up, an~ that should be enough
to keep it under control, and I believe that the amount of restrictions that are
placed in the law as written would prohibit deteriorating to a commercial area.
$o, again, the Chamber of Commerce urges the Town ~oard ~o pass this law as
written. I'm going to take my hat off from.the Chamber of Commerce, and talk
personally for a second. I think that we don't want this s~tuation to become an
us~ versus them. We all live in this town together. We can all find a wa~ of
making this work, and I think that should be our goal', not to nitpick and point
out little minor differences in interpretations. I think if we work together, we
communicate with each otl~er, I'm sure the town is more than willing to make sure
that this law, as written, is compy with by business owners. I'm sure many of
the business owners have no intention, They live in a district. They don't want
their value of their residents to become another commercial district, and l'm sure
99% of them will be reasonable, and will abide by the rules, and again, of course
you always going to have the 1%, with the hope that we can come together, and
work on this together, and make sure that the law is comply with as is written.
Thank you.
SUPERVISOR HARRIS: Anybody else on this side, on my right side?
.Pg 11 - PH Zqning Home O,A~,~pation ,~.,'
NANCY GILLES: My name is I~ancy Gilles. I'm from the Nassau Point Property
Owners Association Community Relations. I sent a letter on July 9th last year,
and I'd like to reiterate the body of that letter. On behalf of the Nassau Point
Property Owners Association we wish to express our concern about some aspects
of your decision. We do not wish to prevent the homeowner from using his home
as a base for his business, or profession. We would however prefer to not to
have any visible signs of his endeavors. That is a sign on his property, or on
a commercial vehicle advertising his business. Commercial vehicles should be parked
so as not to be visible to neighbors causing no concern. Use of a home address
in advertising would also not be acceptable. Our feeling is that a telephone number,
and a box number should allow the operation of a business without hardship. In
addition any noise, fumes, or excessive traffic would not be a'cceptable. In addition
to that, the comment this man made about neighbors reporting on ne.ighbors, I
think that is the most horrendous, and ineffective answer to a solutio'n that there
can be. I have been a real estate broker in town for twenty years, and I can
tell you that a neighbor, who has his home on the market, and some cement mixer
is next door, or a commercial vehicle, or a boat covered with tarp, we'll 'say,
he's wonderful. He never causes any trouble. I can't sell the house, because
the other people don't know him. All they know is what he has left next door,
and they don~t want to look at that when they buy a new house, so it's a very
vital cause of concern, and you can love your neighbor, but the buyer of the
next house doesn't love your neighbor.
SUPERVISOR HARRIS: Thank you. Anybody else on my right? If not I'll move
to the middle.
ED SIEGMANN: Ed Siegmann. l'm speaking for Mattituck Seniors. We agree
with the people, who have got up there and said tllat this .should be given to
the US/UK Committee that's working. We feel strongly about that for the simple
reason that there must be some drawbacks to this law, if there's no other community
that has it up to now, and you'd better look at every step along the way before
you put this into'effect, and to answer the people who say that they can not
understand why people are worrying about the value of their home, whether the
prices go down on their real estate. Those who came here fifty years ago, as
a gentleman just said, didn't pay $200,000.00 for their houses the way a lot of
people did that came out here recently. A lot of those people that came out here
recently find that they can not stay here with the increased taxes, so they're
trying to get out of here, and you see the for sale signs as well as I do. They
can't get out, because they can't get the price for their house, and that's one
of the reasons why they are concerned, that something else doesn't happen that
brings the cost of that..that brings the price of that house even down lower.
So, it should be easy for those who understand, that have been out here for years,
that the person who came out here recently has a much different problem, then
the what the person did that was here fifty years ago. Thank you.
KATHLEEN LATHAM: My name is Kathleen Latham. I think when the Board proposed
this, it seemed like a good idea, and I can sympathize with that. I need rules and
regulations myself, and it sounds great from so many points of view, but as we
go along it seems much more complicated than it seemed, just to let the baymen
work out of their homes, which, we all thought was good. So, now that it seems
so complicated, and as people say, it's bringing division among people. I think
that it needs more study. One more point, is about regulation, i mean, we say
you have to have safeguards, Mr. Caggiane said, but right now I don't think
it's very well..things are very well enforced as far as regulations, so to put the
safeguards, in doesn't show us that they're necessarily going to be enforced, and
so that's one of the problems. Many people have suggested, and I suggest it
.Pg 12 - PH Zoning Home O?r'--..,
also, that we' do give this to the Stewardship Task Force to study, and see if
they can help, doing something that will be helpful in the way that you .all want
it to be helpful through our local people, and don't offend people somehow. So
I just want to thank, the Board for trying to think of a good idea, and thank them,
also for giving us this chance to talk, and help lead them on to better ideas.
BILL MIDGLEY: Bill Midgley. Small little old carpenter contractor. 200 Skunk
Lane. I've lived here all my life. Sleep in the bedroom I'm born in. That doesn't
mean I don't like outsiders. We need them. They're great. There's some real
great people that have moved into this community. What we need is small business
people. We can not tell them, you can't do business in your home. You have
to go up, and rent an office up on Route 48 for $800.00, or $1,000.00 a month.
The poor young person is just trying to start out in business. He may have only
a car, or a station wagon, maybe a small pickup. I don't know where all these
twenty foot trL~cks came from, because very few pickups are over 18 feet. So,
I don't know what that problem is, as far as you have a name on the side of your
pickup, and you pull in your own yard, I don't see any problem with that. I
get along with my neighbors. As far as I know I don't have any problem with
them. I~ve been there all these years, been in business since 1948, and I don't
know why we can't work something out. You do need the small business people
in this community. You need the guy to come down, you got a little water spot
in your ceiling, will paint the ceiling. You don't have to have a whole conglomerate
of ten people come in. You get a broken window, you get the roof shingle off,
you get a leak in your plumbing, you only need one person. That one 'person
can work right out of your own yard without making a federal case. It's under-
standable if I expanded, and started to have large equipment parked in my yard,
or in any of these other people's yards, and allright, that does become an eyesore,
and a nuisance, but we do need the small businesses. Thank you.
GRACE COLLINS: My name is Grace Collins. I'm not a native. I love Southold.
I'm very, very happy that seven years ago we decided to come here and live.' ~
However, I don't feel that it's so awful for an electrician to do business from his
home, but the one point that I wanted to make was if you leave the door open
a little bit, you have to be so careful of the wording. For instance, there's a
house right here on Main Road, right here in town, every single day when you
pass by that house, it's a small house, there are at least one or two cars for
sale on the front lawn. It certainly does not enhance the beauty of Southold,
right here in town, and I think most of the things you have to be so careful about
is, you know, there's always somebody who's going to stick the needle in there,
and twist it around, and get an in where no in was intended. So, I think those
are the things you have to be very, very careful about. I can't understand how
this man can get away with selling those cars on his front lawn.
PETE VICTORIA: My name is Pete Victoria, and I'm another small businessman in
town, and I'm working out of my house, and I was reading the letter in the Suffolk
Time last week about all the whys and wherefors, and it just made me wonder.
I wonder why these people got caught with their pants down with some real estate
investments, that bought commercial property, now can't dump it. Are they asking
you to do their dirty work for them? That's one thing, and looking around the
Town Hall seems to be the same hundred people,against any change at all in Southold
Town. Doesn't take an Einstein to see that we're in' trouble out here. Something
needs to be changed. Whether you want to believe it or not, something's got
to be changed. For sale signs are up all over the place. There's more every
day. Don't go back to the old law, and you'll have more for sale signs up.
I know kids that got the affordable houses, that are working out of their houses
.'Pg '13 PH Zoning Home
now. What are they going to do when you tell them -another $1,000.00 a month,
son for a place to work? I don't know if it's possible, couldn't..after this study
put it on the ballot. This only holds a hundred people. Let everyone vote on
it, it's going to effect everyone, and if it does, or does not pass, however it
is, the law should be for everyone, not white collar versus blue collar, which
is the way it was. If you have a personal computer in your house, that's doing
business, lt's got to be for everyone, not just the poor blue Collar guy, that
has a truck, and tries to make a living. The Town Attorney is, or could that
law have been enforceable the way it was? I really don't think so, because you're
discriminating against the blue collar people, that are trying to make a living.
The law is now, good, I~m all for it.' It should be changed, but if it gets knocked
down, it's got' to be knocked down for everybody, not just the blue collar. Thank
you.
SUPERVISOR HARRIS: Anybody else in the center like to speak?
JOAN ROBBINS: My name is Joan Robbins, an~l I'm going to read a statement
from Joan McKay, and myself. We are both residents and homeowners in New
Suffolk. Members of the Town Board, as civic leaders in New Suffolk we believe
that hamlet living is the ideal way for e×perienced communit,/, and the correct
way to preserve open space. Included in the concept of hamlet living is the reality
of so called home occupation. It has been a fact of life both before and since
zoning came into effect. Under current circumstances the fact of home occupations
are questioned only in (~ses of flagrant violations of residential zoning laws, or
upon the complaint of neighbors. This occasionally causes a fracas, it sorts itself
out properly for the most part. It may not be an ideal system, but it works.
While we can support a local law more openly, and honestly acknowledge the reality
of home occupation, we can support such a law that does not include a registration,
or licensing system to assure that all home occupation conforms to limits of the
Code within residential areas, and it does not include inspection provisions. We
believe that the concept of living, and working at home can be part of effectively
functioning communities of the future. Certainly with the advent of personal
computers, and facsimile machines more people will be working at home serving
a public they never see in their home. The question is not whether the people
should be allowed to work at or from home, but of the si'ze of the business, which
should be allowed to operate out of a home ~'esidentially zoned. The answer is
that when a business must supply others, and it is large enough to warrant trucks
with the need for trade names on them, an ourdoor display of product is required,
then we no longer have a home occupation, but a business, which must move to
an appropriate commercial space. We believe that the possibility of a home occupation
could be a fundamental right of a homeowner in a residential area, but if we must
legislate to guarantee this right, then we must have in place all the provisions
of the law, and all of the options if necessary to make certain that the legal
discriptions are imposed. There might be an easier way to handle this subject,
if we can step back from the emotional aguements of those on opposite sides, who
both predict doom for our town. Chaos will result only if we have a detailed code
with no enforcement provisions. We just add that we didn't think of sending this
to the Stewardship Task Force. I think we're all in favor of that. If nothing
else it would insure the longevity of the tax dollars.
SUPERVISOR HARRIS: Anybody else on the left, please?
.Pg 14 - PH Zoning Home
CYNTHIA HALSEY: l'll introduce myself. I'm Cynthia Halsey. I think I know
you well. I think you know me well, and I'm about to tell you something quite
remarkable. I think this is a good idea. Most people come here to say, I don~t
think it is, but seriously I think home occupation is a good idea. The only time
it isn't, is if it either blocks up your traffic, or stinkst bluritly. I think we
should have a cubic capacity law for trucks, and I don't think you should have
your name on the front of your house. I think it should be anonymous. If 1
started running a booky joint at home, which'l have no intention of doing,
because I am not a mathmatician, who would know? Unless, of course, I put
a sign outside, So, the whole point of home occupancy is it is not obtrusive.
is that not right? I might add, that when I was in Reydon' Shores we had a
problem with someone who did try to run an illegal business. II] was illegal, because
our deeds said it was. We wrote them a letter, and we had no more trouble. People
do try to do something for themselves. I think the more people that do it at home,
and the parents teach their children their trades the better it is. Enforcement
is important, but we have to apply that too. Thank you.
SUPERVISOR HARRIS: Thank you.'
LINDA GOLDSMITH: Good evening. My name is Linda Goldsmith. My husband
owns and operates R & R Masons, Inc. He has for the last sixteen years. First
of all, I want to commend the Town Board for conceiving of the town with the
Home Occupation Law. In retrospect perhaps is a can of worms that maybe you
shouldn't have opened. I truly do not understand the opposition to this law.
I have lived here for forty-two years, and my plumber, and electrician, doctor,
and piano teacher have all been my neighbors. What is the problem with providing
our community with good services at reasonable cost? I will answer that in my
own opinion. There are people who do not like the way certain vehicles look in
other people's yards. The truly ridiculous thing about this is that most ov~ners
of these vehicle don't really work in their homes. They don't have offices, that's .
truer but they don't ply their trades from their home. I have very. rarely seen
my plumber take my broken toilet back to his house, fix it, and then reinstall
it in my house. Neither have I seen my husband build chimneys in my livingroom,
and attach them to his client's home. This is just not done. Estimates must be
given on the job site, and jobs must be done there. Materials are delivered there.
It is a rare business in Southold, that's large enough to warrant a warehouse
full of tools, and most can be stored in a shed. People who work from homes
sell their knowledge, and their labor, or to put it bluntly their brainst and their
body. They do not sell products. Most of them do not sell vinyl siding. They
do not tiles. Maybe that would be a different situation, although I don't even
believe to do that would be offessive. I really think this should be allowed also,
and what is the problem for the architect, er a lawyer, or a banker operating
from home. The Internal Revenue Service recognizes these as legitimate businesses,
and provides the tax allowances for home based businesses. I take offense to
the letter written to the Suffolk Times this week by Mr. Perricone. I resent the
implication that any money I am saving by operating from home allows me to pocket
a larger pr. ofit. Perhaps that's the way he runs his business. It is not the way
I run mine. Basically those of us who work from homes do three things there,
paperwork, phonework, and worrying. Do you think that a carpenter needs an
office to return phone calls? It is getting to a point where I am more readily
available in the evenings, because I work during the day on the job site. I sure
wouldnotbereacl~able in the evening in an office. If parts of this law are referring
to the fact that people use their homes, and use their telephones in the evening,
and do their paperwork at home, then teachers shouldn't correct homework at
home. Realtors shouldn't accept listings, and doctors shouldn't get emergency
Pg 15 - PH Zoning Home 09~' ~
phone calls. My resid,e0tial peace and quiet is very important to me. I live herei
I work here. I raise cl~ilclren here. I bought a 'home here. I own property here.
Why would I want to affect that? I am very tired of being portrayed as a rich
business 'person leaving a t'rail of destruction in my way, as I pocket exorbitant
profits. The private sector has no benefits that they don't pay for. I worked
hard for my home, and I would not risk losing my home, neither would 1 risk
lowering my property values. (tape change) $20,000. worth of insurance premiums,
which I pay locally, to local insurance people. Then everybody out here could
call Sears Home Improvement, and pay a couple hundred bucks for a free estimate,
that would normally get from one of your local businessmen. Thank you.
SUPERVISOR HARRIS: Anybody else on my left? Yes, sir?
BOB KEHL: l'm Bob Kehl. I've owned many houses in Southold, and I can grant
you that everytime I moved from the neighborhoods, or been in those neighborhoods,
I~ve increased the property values on all the houses around me. I've never had
one that's ever dropped the property values around me. l've built in neighborhoods,
where people told me you couldn't get anything for the houses, and ended up
getting like $285,000.00 for a house, that they said I was going to get $125,000.00
for. I don't understand what everyone says, that you're going to drop the property
values around here. All you're going to do is make it harder for the local guys,
who are barely making it by right now, to be able to make it by, because he just
won't be able to make it paying $800.00 to $2,000.00 a year. You talk about Mr.
Perricone. He's a perfect example. Here's a man, that complains about it, yet
he says he's going to put his business at home. You can't put your business
at home if you've got stock fence. Then you got to stock vinyl siding like he
does up at his other place. This is what the law is here to pi-event, and he's
the first one to complain. It's not right. I always keep my yard nice, and that's
the way I intend to do it. I don't want to drop anyone's property value. I don't
want to get everyone upset around me, but it's just ridiculous. It was fine before.
It's been going on as long as I've been in business, as long ~s I have ever been
in my whole life. There's never been a problem. Thank you.
SUPERVISOR HARRIS: Thank you. Mr. Wickham?
JOHN WICKHAM: My name is John Wickham. I~ve been in Zoning and Planning
for over forty years. I think that all the discussion tonight has missed a couple
of important factors. I'm particularly shocked at the attitude of the Southold-
Greenport Chamber. Zoning and Planning actually gives a franchise to businesses.
When you're zoned business you have a special protection by law for that business.
Downzoning endangers that franchise. It waters it down. A short time ago, Bill
spoke about operating out of his home. Think of the plumber, Bill, in Cutchogue
Preston Tuthill, that's got a well established business. 'If we have the plumber
operating out of his home, that undercuts all that Tuthill has. It goes all the
way. Now, you're not talking about spot zoning. You're talking about down-
zoning the entire Town of Southold. If you want to see what downzoning has
done, go to Riverhead. Look at the village center. It's dead. It's all moved up
to 48. Planning and Zoning in the Town of Southold has had the concept of keeping
the business in hamlets. It;s done well for us for over forty years. To point
out just how well it's done, last week there was a midsummer conference of a small
business group upstate New York. They were potato: growers. They did not
go to Riverhead, which i's the center of the Long Island potato industry. They
came to the Town of Southold. They left several thousand dollars before they
got through, and why did they come to tt~e Town of Southold, because welve done
a better job of zoning, then Riverhead by a long, long ways. Now, for pity sake,
don't downzone.
.Pg 16 - PH Zoning Home Ocli, ~,
LOU BAKER: Lou Baker. People think it's bad here now with all the 'noise, and
one thing, and another. I've lived in the same house in Southold for 61 years,
and all the new traffic goes by my house. I can't sleep nights. I can't talk on
the porch. So, they think it's bad in their neighborhood, because some guy has
a little truck in their backyard, that don't know what noise is. Another thing
is, how many people that's complaining about the new businesses, the little businesses,
before they moved here, did they ever work out of their house in Nassau, and
New York, or wherever? Did they take telephone calls at night? Did they have
a small business of their own? Now they come out, they don't want anybody to
do anything. Like Bill, and others said,, you got to have the small businessman.
He's the guy that keeps them going. I said last year, that this is not a U~opia.
There is no such thing as a Utopia. Some people think there should be, but
it's not, nowhere in the world, and Southold is not ~oing to be, it shouldn't be.
Thank you.
SUPERVISOR HARRIS: Anybody else on the left side?
JIM DINIZIO, JR.: I'm Jim Dinizio, Jr. I'm a member of the Legislative Committee.
I've attended every meeting concerning this particular piece of legislation. I want
you to pass this thing in the worse way, and I feel that if it doesn't go far enough.
A good law is a law that's been tested. This law has been tested. If it hasn't
been tested, then why aren't there more complaints about the businesses that
I droYe by, when I came here? People are complaining about school buses being
used at Town meetings, yet they're allowing them to exist. They know they're
illegal, but they're allowing them to exist. That's what this law is all about. This
law is restrictive. In my feeling to wt-~at we have now, which is allowing a person,
or letting a person have a person have a busine:s in their home, and operating
somewhat clandestinely. I remember how this first occurred, how this first whole
idea came up with parking, about Somebody brought it up about illegal businesses
in town, and how would we go about catching them. One person commented, we'll
just look in the phone book, and find their home address of the businesses, and
we can go get them. My personal feeling is that, I thought that was very
procrusive, and 13~g Brotherish. So, I've worked on this law. I came to every
meeting, and put my input in. Like I say, I don't think it goes quite far enough,
but I believe that it's a good start. If you were to pass this law tomorrow, and
enforce it, I believe you would be forcing a lot of people out of business.
Unfortunately those people can not speak for themselves. They have to make
a living. The less said the better, and I believe by having this public, you're
making them very uncomfortable. Just one more thing, yeah, I was born in
Greenport, yeah, and I've lived here all my life. I bought my home, which is
a home by the way, not an investment. I do not intend to sell my house. I intend
to die there. It's my home, not a house, not a investment. Thank you.
SUPERVISOR HARRIS: Thank you. Anybody else on my left, that would like
to speack at this time?
STEVE PERRICONE: My name is Steve Perricone, and glad you read my letters.
I'm glad they recognized me at the meeting here. Now, I know you don't want
to hear me anyway, but you're going to hear me. I have a right to speak here
as anybody. First thing is, I think we should clear the air here, as far as what
the law used to be, and what the law is going to be now. The law used to be
that lawyers, doctors, and certain professional people could work out of their
homes. It was never against the law. What we're talking about here is changing
the law, and blatantly letting everybody work out of every home, or every piece
of property in Southold Town. This isn't so bad, except as you know, people
:Pg 17 - PH Zoning Home 0~''',
take avantage of the laws. Start enforcing this law though, this law has been in
effect for how long now, maybe a year or so? Am I correct? ~¥ell, since this
law has been in effect, there has been numerous complaints to the Building
Department about people breaking this law, and the Building Department has done
nothing so far. The other agencies in town, who enforce the law have been
notified, including the Town Attorney, and nothing has been done to enforce this
law. People are manufacturing out of their homes. People had signs up by the
way, which in the first part of this law you couldn't have signs. Those people,
who have been breaking this law, have been just disregarding it. Nobody has
~nforced even the present law, not only the law, but the present law. If you
want, I could give you a list of the people. I know you're confused about it,
but I do my homework, and I research these things. Material is being stored
in yards. Outbuildings are being built. People are operating.out of new garages,
that were being built. More trucks than one, twenty foot truck~ is being put
in a yards, so on, and so for{h. On South Harbor Road three weeks ago' on
Saturday, a man had a yard sale out of a forty foot inclosed trailer. He had
more fbrniture in that trailer, and on his front lawn, .than he could possibly have
in any house. He was actually retailing furniture from a forty foot trailer on
South Harbor Road on Saturday, Sunday, and Monday. The Police D'epa.rtment
passed this house maybe'ten, twelve times during that busy weekend. No' one
enforced the law. No one even stopped to inquire. I took pictures. I have
pictures,; if you want to see them. This is what's happening. Again, you're
putting the law into effect, and people take advantage of the law. They just
think that they can do anything, because the Town Board says.I i.can run a
business out of my house. They don't know what kind of busir~ess. They don't
know to what capacity. You know, they really don't care. Most of them, I~m not
saying everybody, i~'m saying most of them, especially newcOmers that are coming
into town. So, the enforcement of this new law isn't working eitfier. - I don't
know if nobody wants to enforce it, or they're just overlooking it, and hoping
it will pass, and everyone will forget it, and they will forg'e~ about it. This is
usually what happens. The petition that was signed here, 'l think Mrs. Phillips,
no, I'm sorry, Mrs. FIynn brought up. My question is, okay, there 700 and some
odd signatures on this petition. How many people who ha.ve signed this peti.tion
own a house, or how many people rent? How many people are a?Jtually really
concerned? You know you should really look at these things. You just can't
take a peti.tion, and say, hey, we got people signing this petition. We've got to
vote for this. We got to pass this law. How many people on that petition own
houses, and really are concerned about their property values? How many people
on that petition rent, or live in their grandmother's house, and run a business,
or their families house, or their parent's house, or whoever's house, and run
a business out of it? They're really not concerned what happens to the property
value in the town. There's so many aspects of this law. I know a lot of people
are a little upset about this, all the businesses staying in town, getting like,
well, Mr. Perricone, you have a big business, and you have a big building, and
this, that, and the other thing, and you own property in town. Well, the fact
is I don't own any property in town, very, very litte. I own may~be three pieces
of property. So, I don't have any monetary value as far as. this goes, except
for my business. I have competition, and my research in competition, also, you
see I did my research like I said before. My research of my competition over
the past eight months, since this has come into effect, and i thougl~t that maybe
this was really going to hurt me. The research is that my competition does not
sell for less than I do. In any case, they sell for more than I do. I've gotten
an awful lot of jobs bidding against my competition. I~ve bid against a lot of
people, and of course I'm still in business. I'm doing a lot of work. I'm probably
one of the busiest contractors in town along with Peter Stoutenburgh, and it hasn't
Pg 18 - PH Zoning Home Og,"...~
hurt my business, simply because I am less expensive, and mostly we do a good
job, of course, I li~ke to think so anyway, and it hasn't hurt my business in
that manner. What I"m actually concerned about was these people here, I don't
think people here understand, or people who own houses, understand, especially
the people who have bought new houses in town over the past, :'let's say, five
years, who have spent a lot of money on their houses, realize even. if they run
a business from their homes. The question here is, can you sell your home? Well,
even if you find a buyer, who wants to live next to two businesses, or three
businesses, or ten businesses on this block, wants to buy your house, the fact
is that in the near future, and it's going in effect now, banks are considering
very seriously not giving mortgages on these houses, because Southold Town is
strictly business zoned. They don~t know how to handle it, simply because there
is no other town, that I found anywhere in the tri-state area, that has this law.
There's got to be a reason why they don't have this law. Has anybody ever :
researched? Has any of you people up here researched'~to find out why they don't
have this? l't~l'd: Mr. Penny at one of the meetings, the first meeting, that Easthampton
Town has this law. Easthampton Town does not have this law. No township that
I have found has this law, and I guess the bottom line is, in the near future
we're not going to be able to sell our homes, if we want to, your investments,
your homes, or whatever. Bill, youTII probably not going to be able to sell your
home either.
SUPERVISOR HARRIS: Thank you. Yes sir, in the back?
JOHN STANKEWICZ: l'm a little late getting to the meeting, so I didn't hear the
other speakers, but I just want to say a few words. This is John Stankewicz.
l've lived here all my life, fifty-five years plus. This town was built, the oldest
town in this State. It was built by the backbone of the people. Who were the
people? Farmers, fisherman, carpenters, painters, electricians. Ali"the people
that you're trying to throw out now, and they all worked out of their homes,
and that's what built this town. Now, the people from the outside are coming
out here, because they like to town. Was built by the backbone, and they're
the ones that want to throw these people out. They don't reali2e that if these
people have to go in business, and have big places, their rates are going to..
somebody has to pay for that, too. They can't afford to build a house, how are
they going to afford them later on? I think we have a nice town. That's why
people want to come here..If-they're worrying about Easthampton, let them go
to Easthampton. If they're worrying about selling a home, why did you buy it
the first place. The reason we're here is to stay here. We don't want to sell
our home. We're worrying about making a living, and living in this nice community,
and I think that we should leave it, the community as it was the last three hundred,
four hundred years, and let the other people, if they don't like the way it is,
let them stay back. Thank you.
SUPERVISOR HARRIS: Yes, ma'am?
MARION KING: My name is Marion King. I was born, and brought up in Southold.
I'm a real estate broker, and after listening to all the comments tonight, I'm not
quite sure what is right, and what is wrong. The only emphasis I haven't heard
here tonight is if all the people, that want to down home occupation completely,
I think you'd better give serious thought to what's happening to our young working
people. In my business,every day of the week I talk with young people, that
are having to struggle. They want a home. Then can't afford a home. If anything
can put them out of business is to not allow them to have some form of occupation
where it's not going to cost them a fortune, because they just can't handle it.
~Pg 19 - PH Zoning Home O,~'"-,.,,, ,,..-*~,
They've had everything they can take here, and there must be a right, and a
wrong way of home occupation. I just think you've got to realize the young people
are backbone of this community, not our retired people. Who runs the Fire
Department? Who runs our ambulance service? It takes our young people to keep
the town together, and they just can not afford to be under very much more
pressure. They're moving out in droves now, and I'm not saying I'm for, or
against. ! think there's a way of working it out, and I think we should certainly
put our emphasis on keeping out young people in business in Southold Town.
Thank you.
ROD STANKEWICZ: My name is Rod Stankewicz. I have a small landscape business,
run out of my house. I don't, have a sign on the truck. I don't have a mailbox.
I don't have a sign in the yard. What I do know is there is people out there with
a small business. Without a sm~ll business, no one is going to be able to' afford
$50.00 to $60.00 an hour for certain people's overheads. As far as being the
first people in the town ever to .have a law, I think the Board should be Commended
on being the first to discover a flaw which is beneficial to small business. Thank
you.
SUPERVISOR HARRIS: Anybody else on my left, or the middle? Yes, sir?
BILL TUITE: My name is Bill Tuite. I live in Southold. It seems to me, that
this whole thing is money. On one side we have the people who want to work here,
and earn a living. You can't blame them. On the other side, you have the people,
who own these houses, and theyl see the potential for the decreasing of the value
in their home. You also see the! potential for not being able to get a mortgage
to se t, o' buy t, or what have you. It would seem to me the best thing to
I
do Is forget about the whole thing, but if you do pass it I would suggest one
thing. Based upon the commentl from the Department of Assessment in New York
State, I would suggest that we ~1o have a registration, so that all those who work
here will be followed up closely by the tax assessor. I know he'll chase them
quickly, and they'll pay increased taxes, and everybody else will get a reduction.
Thank you.
SUPERVISOR HARRIS: Thank you. Is there anybody else?
RICHARD ROMEO: My name is Richard Romeo. l'm a resident of Southold. I moved
into the area not as a tradesperson. I was a professional, and I moyed onto a
street with tradespeople. There were two other businesses being run on the street.
It never occurred to me that they should not be allowed to do their business there.
They created no nuisance. There was no mess on the street. Years later I became
a tradesperson, and started working in the area. On my street the two original
tradespeople have retired. They've had good lives, and they've retired, and I
think they've contributed a lot to the area; The people in my neighborhood call
on them to do work in the neighborhood, where neighbors were friends. We're
not here speculating on real estate. We're here to make a life for ourselves. !'m
not the last person to go into the trades on my street. There are people following
me. I have no objections to people coming in after me. Something should be
addressed..the tradespeople should not take any responsibility for those people
who are speculating in the area. If real estate has made a turn down, as the
economy has, and they can not recover the money that they put into their homes,
I feel that people are looking scapegoats. They say they can't sell their houses.
They can't sell their houses for what they bought them for. They bought them
at the wrong side of the curve, and when that happens for anyone who speculates~
don't take it out on the people who have been existing, and supporting the town
in whatever trades they do. Thank you.
. Pg 20 - PH Zoning Home' .~,
SUPERVISOR HARRIS': Is there anybody else, that would like to speak?
GEORGE CAPON: I'm George Capon. A little while ago I heard Steve here
talking about these young people that sign this petition, eighteen, and don't own
property here, .but these young people, they belong, to the Fire Department,
Rescue Squad, they go in the service, and fight for our country, and everything.
I don't think they should pick on these young people, that sign these here petitions,
and don't own a piece of property on there.
SUPERVISOR HARRIS: Is there anyone else, who would like to speak, or else
we'll wind this public hearing down. (No response.) An,/ other speakers? (No
resoonse.) If not 1711 close this public hearing. ' *
· Terry ~
Southold Town Clerk
STATE OF NEW YORICk- )SS:
COUNTY OF SUFFOLk'}
Cara Conklin of Mattiluck, in
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, In the Town of Seuthold, County of
SuffOlk and State of.New York, and that the Notice of which
the annexed is a printed copy, has been regularly published in
said Newspaper once each week for one weeks
successively, commencing on the 25%h day of
June 19 92
Principal Clerk
LEGAL NOTIC '
?~'OTI CE OF
P b~BLiC HEARING
ON LOCAL LAW
PUBLIC NOT[CB IS HEREBY
1. Secti~a 100-13 (DeBmkiorrs) is
hem~y ammd6d by date/ing the
: ~IO~E O!CCUPATION ~
5
3. Section 100-31(C)(2) is h~rcby
2. Home Occupation, including
hpn}c profgssional officcs
and home business office. ~.
Town Board recoenizcs that
our residents historicalli,
have oocrated small busi-
their homes. We find that
' . . tlona. ~e inmnd to'i~crrait ,as
j unders randine that ~th~c u scs
of tiro (5) pupils at one
(1) tillle or whe~ concerts
}UD1TH T. TEliRY -
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Edi[or, of THE LONG ISLAND TRAVELER-WATCHN1AN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been publislmed in said Long Island Traveler-Watchman
once each week for ...................... ,~ .... weeks
successively, commencing on the .......... .'f??: ......
Sworn tO before nme this ........... '~':~: ....day or
......... .......
Notary Public BARBARA A. SCHNEIDER
NOTARY PUBLIC, S[;~[e of New York
No. 4806846
Qualified in Suffolk Cau.nty
Commi,ssion Expires *°/~i/,]~t
~.~,~E~;..~ ~'E.E(,-,. ~OI ILl'....> ....... ~ ....... " '
~ clanm~home bak m~, ~ne~y ~ed ~m~l bu~ nesses wh~
],Bt $imilar handicrafts, pmxided , ':%rmSde se~' [~ to the com-
,' M H'ICI'; or ~ . . ~, ,
· , PI BI,l(' IIl.~[l(Ih{; ~that the oHice.
0% I.(}(TXl, I AW ~'dpational room~ are Ioc~ed in ~find that these busMesses have
r' ..t,, clline
~:~/-:~BLiC. NOTICE iS~ ' 'iu,,cr.'¢-id:.,n,~ I~,Ovi,k- '. '- :alq,.a,':.,.c. ,,I .h~-.' ,~, de,, i.'.
..IIFRPBYGI~TNthm :::;ch;~.' 'thutthai ogood~t:pub, kN zonc,.h:oar}udF:n:n:~:f,nJ
[ltoaid of the 'la'.~a, o1' SOUl hold.
;.qm'ht~lr County. \,:',~ York. nfl
i':lle -I~, da',' d),' .XlSf~I. 1992. '1
',1 (~,.'al law ,'nti.h.'d. "~ Local
~Lu~ ill Relation In ZoninR."
!~fh)nm Oeenltalion, Ilnnle
:llusitlg~.~ OiTice. IJmne Pro~e~-
~,di)nul OITk'el.
!~, '~{'}'fi('i~ IS It Riill R
iCdVl-% ihm thc Toan Bo'mi ot
ithe lb~:n o: fiouilm;,j ~,11 hold
.Hall.. '~lam R..md..%ouihohl.
,ihd.,. I~}~. a! ll.IW I.M.. al
!~ Ili,';'l lira,: all ~nle',;-~',;~ pel'aOll.
. Thk propo-,ed 'q o.:al I aw
~, Ill- IT rN.\C I'Ll ~¥ -c
~ I. Cli~plcr IllOl?ouitt~loflh¢
di,q~layed on the pren-ti,.e~,and
~tno sign or adxerrj~ement ia
shm~,n other, than a ;ign not
larger than t~o 121 S~U:Lre feet
in to[at area_ bearin.o only, the
~'(nnme and oo. uparion {words
:~afll~,l, of the pracu[ioner.
"%etLon 100-13 iDe6nifions
~i.s hereby amended b!~ addinE
'~r. hereto the' fo,li,o,,,~n~:
~. HQM:E; BUS [NE $S~OEFt'C'E
~h¢,bUS'Lne:4 .off:ice of ,an in-
,.li'jd~al ~',,h~ch doe. s~o.0t qnahiy
~r Ho~e'P~$f~;sional Office
~,&t pro-v~a ,el-T~¢TalJler thai] ',
:he retail ~ale of goods. {Le_, oF-
rices 0ro;'idingTfbe _~ervic¢ of
.'&nsul~, ad, eM;~ng.
;nE- arm o~ mackerlnc~nd wL-dch
ypically re. qaire a.hobc
~onal computer teleph, one
]g~d or fac~Lmile tTansm[sslon
'aacMne).
HOME OC~UPATI~JN -
,N. Ao.~ 8alnfu[ .a,:mi~y
;'stomazLL.~ - ,:ondttctgd nub
*ithin a d~e[Ling m~it by
'esidents rheteo'L' mat ia elearb I
that in oTder to malrttalr~ the
economic ~iabliiLy'of our cow%
iq.o maintain our rural quali~- of,
tlife an,.{ in the intereq~ o[ the
Lions) should be permitted m
In permK a.5 of right certain
t~di the.understandin~ that
these uses are m be conducted
iD a mmatter tha~ ~trl' not alter I
the chara,.~er, of our reE~ideurial ·
aei,ohb0rhood,s. %% believe the
foUo',,dn~ subsection~ psomde
sulTi~ent safeguards to ac-
~ompb'sh rl~[ [dm, These uses
shall be permitted prodded that:
~ a.' No-dlsp[a~, of products
thall be ~isthl6' from the sateen;
and no _szock-m-trade shall Be
kept on tt'te premise~. ·
' b.. ~'Such oo.'upafion ~ mciden-
M xo Lb¢ residencal use of the
eemises;and i~ carried on in the
nMr, bulqcGng by the [:eSldents
d'ro include animal
[:.hospital~. kennels, barbershops.
~theauty parlors, clirdcs or
~ding houses a~d similar co those
listed abme.
.~badness office and home oro-
'{~,fes.~onal offices ~,hall n .i -
j. Yhe outdoor sioraj~e
~,hall be screened
I[..This LocM La~, shall take
trpon ils fLling with the
deletion(s}.
~, '~Underscore represent~
addi tionl
Te,,t contained in tkis, Lbcal
_aw which ia neither:
included for die purpo~ of
recondar¢ co [he residential tc~e., therein ~,'ith no[ more L 'ha.n one a'e.[etterkng.
,. B. ~ctiVlLles tamed on by the'
'esidenrs width aze cormected whom olt-sttee[ harkine must
,v' - · ' .~' be' ovided on site. '
, Ith produce of the ~¢a.. ha). ; c.P~tich occa alton .ac 'ed To~n Clerk to any incetested
lot .harbor cane~e, or dug by ' ' P -
[u,u,.r. ct~c ut uua · ,uuu ~-.u. I · · I JUDITH'T TERRY
I .... · d - . area of all floor,s ,or, the mina -
apreudinb,~nd mending o! ne~ [ q{qhq'HO[D TOW ' CLERK
~roduce so gathered, ~hall also I, ~uch use,q,.,.up~, n-tore than hve i ;~ i " ' '
, h nd d t 00 are . o