HomeMy WebLinkAboutLL-1999 #13Local Law Filing
NEW ~[~:C STATE DEPARTMENT OF STATE
41 STATE STREET, t~LB~M'4y, 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.
County
City of ............................. .S..o_ .u. _t _h..o. l .d. .............................................
Town
Village
Local Law No ........... .1__3_ .............. of the year 199-~J-
A local law ~[~R~e~t.~p~-~t~A~m~e`~n~d~j~n~g~S~e~c~`t~i~rL~1~9~-~]~9~`.~h~ _Z_p o.[0g_ ~o_d_9__ of _.t_b_e_.
__Tg._wq_pf___S_Q_u_t_hglO_._b.l/_ _A__d__d_jDg___a _.D._ef_ir¢_ti~n ..(or .pcj_v4~c¢ ._W. ar_e. hous_i_n_g.
_ _a_ D.d_,, _P_ _u_12.1 [ _c_ _ ?_ _a_ Le_ D_q _u_ _s_i_o g_ ..............................
Be it enacted by the ............................. _L-v-E! J.-P--qg-L-~- ...................................... of the
II~Kn)( of .................................... _S__o.~.t_h__o.!_d_ ....................................... as follows:
Town
SECTION 1. CHAPTER 100 entitled "ZONING" OF THE TOWN CODE OF THE
TOWN OF SOUTHOLD, ARTICLE I "GENERAL PROVISION" SECTION 100-13
is hereby amended as follows:
The following definitions are hereby added to Section 100-13 of the Southold
Town Code:
Section 100-13 Definitions:
Private Warehousing - A building used for the storage of goods and materials by
the owner of the goods and materials for the owner's own use ex. Off-site
storage for operations conducted by the owner at another location. No retail
sales are permitted at a private warehouse. This is not to include self-storage
facilities. For self-storage facilities, see Public Warehousing.
Public Warehousing - A building or buildings used primarily for the storage of
goods and materials and available to the general public for a fee. ex. self-
storage facilities. No sales (either wholesale or retail) are permitted in public
warehousing.
II. Severability. If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of
State.
(Complete the certlflcat¥~n in the paragraph that applies to the fill~g 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 .............. _1_3. ................. of 19-9--0-__
.................... Southold was duly passed b. the
ot the (fgd~.t~(~A¥31 town){,vqiaago~ ot ................................................................ v
............... .T__o_.w._n_...B..6_a..r__d. .............. on __O__c.t. 9._b_e__r_..!5 19 9_9.., in accordance with the applicable provisions of law.
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 (County)(City)(Town)(Village) of .............................................................. was duly passed by the
............................................... on ................. 19 .--, and was (approved)(not approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted on .................. 19----,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)Cfown)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
disapproval) by the ................................................. on ................... 19 .....Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ..................19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby ee~ify 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
disapproval) by the..--~ ............................................. on .................. 19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordanc~ with the applicable provisions of law.
* Elective Chief Executive Officer m"~n_s or includes the chief executive officer of a county elected on a county-
wide basis or~ if there be none, the ch~on of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinanc
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the afftrmative 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.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qu. alified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on .file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in~
dicated in paragraPh ...... J ..... , above.
Clerk of the (3~nty legislative body, City,/~owu or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: / 0/2 ~h ?
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF ~ YORK
cotrm~ oF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contaix~correct tex~ and that all proper proceedings
have been had or taken for the enactment of the local law annexe ereto.
. ... Attnrn~_v
Title
X~Rg~ of
Town
Southold
(3)
RECEIVED
NOV 1,9 ~9~
Soul~ld Town C~er~
ALEXANDER F. TREADWELL
SEC:RL='TARY OF STATE
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
AlBaNY, NY I 223 I-O00 I
November 10/ 1999
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 13, 1999, filed 10/29/99
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
H3-rP://WWW. DOS, STATE. NY, U $ · E'MAIL: INFO'DOS, STATE. NY. US
going to grant relief, but the relief, there is no relief here. It's either you
have all the stuff, you have the single and separate lot, yada, yada, yada, you
meet these or you don't. There is no commiserating here, either you have it or
you don't. If he can prove that he has a single and separate lot and he follows
all of the criteria, the Building Inspector should be able to issue a permit on
this. have done in that case is lower the nonconforming
standard, law that I have a little trouble with is, can you
define 1 Can you define visual practices? You managed to d°
it With warehouses tonight. What's substantial? and who makes that
who has that power? Visual practices? Who is the arbiter of
Is that a Board? Again, I think it needs some more work and I
I strongly object to the Planning Board's comments here.
Th you.
~OR COCHRAN: Thank you. Anyone else like to address the Town
d in relation to amending the definition of nonconforming buildings with
nonconforming uses? Anyone speaking for the first time? Mr. Foster..
ARTIE FOSTER: I just want you to clarify something for me. You just said that
you may tune this nonconforming into include that you can rebuild if you had a
catostrophe incident if it's more than 50%?
COUNCILMAN MOORE: We were talking about at the last work session?
MR. FOSTER: O.K. now when you close this hearing, what happens after
that? Does this go to vote?
COUNCILWOMAN HUSSIE: We have to determine what we wanted to do.
MR. FOSTER: That was my question.
this without a definition.
I can't see anybody voting on adopting
COUNCILWOMAN HUSSIE: Right now, it says 50%, would it be entirely rebuilt,
would it require the removal or the replacement of the basement? We have not
discussed that, or reached any decision.
MR. FOSTER: Will that decision be reached before a vote is?
SUPERVISOR COCHRAN: I hope so.
COUNCILMAN MURPHY: This presently is what the existing code reads.
MR. FOSTER: I understand that, but you are talking about changing it.
COUNCILWOMAN:
tonig hr.
It's not proposed in this change that we are discussing
SUPERVISOR COCHRAN: I would like to see it taken care of. Southold being
the kind of Town it is and the kind of people that live here, if some guy in
business had his placre burn down more than 50%, I don't think there is a
person here that is going to say "you can't rebuild". I mean the hardship..
A GROUP IN UNISON: The law says you can't rebuild.
SPECIAL MEETING
SOUTHOLD TOWN BOARD
OCTOBER 14, 1999
9:00 A.M.
CONTINUATION OF PUBLIC HEARING ON ALL LOCAL LAWS TO CHANGE
THE ZONING DISTRICT DESIGNATION.
Present:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
SUPERVISOR COCHRAN: I would like to open the Public Hearing on the
proposed zoning map changes on Route 48, Southold.
COUNCILWOMAN HUSSIE: ...how does that work?
SUPERVISOR COCHRAN: It's a Special Meeting. At the conclusion of the
hearing, we certainly could take it from...
COUNCILWOMAN HUSSIE: The point is, though, that this hearing is continued
because it was proposed that the code changes would have been adopted on
Tuesday and the people who are here to talk would be able to talk about their
property in relation to the new code changes - and we haven't done that.
SUPERVISOR COCHRAN: Well, then we can remember it from the day.
COUNCILWOMAN HUSSIE: And then we can vote?
SUPERVISOR COCHRAN: Yes.
Special Town Board MeetinR - 10/14/99 - PaRe TWo
TOWN ATTORNEY YAKABOSKI: A second ago you started the Public Hearing.
SUPERVISOR COCHRAN: Yes, I did.
TOWN ATTORNEY YAKABOSKI: To have the vote- usually you would have to
adjourn from the Public Hearing back into the Special Meeting.
COUNCILWOMAN HUSSIE: I worked on this all night. I figured that was what we
would have to do but it's so clumsy.
TOWN ATTORNEY YAKABOSKI: No, it's just...
SUPERVISOR COCHRAN: I would like to recess the meeting - recess the
hearing. Excuse me. Now we're out of the hearing. Are we not?
TOWN ATTORNEY YAKABOSKI: Correct.
SUPERVISOR COCHRAN: Thank you.
COUNCILWOMAN HUSSIE: And what do we have to do to make ourselves into
a Regular Board Meeting?
SUPERVISOR COCHRAN: We're in a Regular Board Meeting now.
COUNCILWOMAN HUSSIE: O.K. in which case, I move the motion of last
Tuesday.
SUPERVISOR COCHRAN: You are removing the motion from the table?
COUNCILWOMAN HUSSIE: Yes.
SUPERVISOR COCHRAN: Is there a second to remove it from the table?
COUNCILMAN ROMANELLI: I'll second t'o remove it from the table.
SUPERVISOR COCHRAN: May we have a vote on the removal?
TOWN CLERK NEVILLE: Councilman Romanelli?
COUNCILMAN ROMANELLI: Yes.
COUNCILMAN MOORE: Yes.
Special Town Board Meeting - 10/14/99 - Pa,qe Three
COUNCILWOMAN HUSSlE: Yes.
SUPERVISOR COCHRAN: Yes.
TOWN CLERK NEVILLE: Resolution adopted.
SUPERVISOR COCHRAN: Now we will go to the main motion. Do we have a
copy of it so we can hear it again? Thank you.
John, do you want to start with the first one?
Let's go according to time, please - in the way they were presented on the
agenda - the last agenda. The first one is the Local Law in relation to the LB
District - changes in the LB District.
COUNCILMAN JOHN ROMANELLI: I'm going to read the changes in the
proposed LB District and I'm going to start with the Purpose of the LB District.
The purpose of the Limited Business District is to provide an opportunity to
accommodate limited. Hold on - yes, George?
GEORGE PENNY: I believe that normally before resolutions are acted on,
residents are given a chance to...
SUPERVISOR COCHRAN: If you'd like.
GEORGE PENNY: I'm just recalling a procedure.
SUPERVISOR COCHRAN: Let's have it read first and then I will ask in relation
to this resolution.
GEORGE PENNY: Do you have an agenda?
SUPERVISOR COCHRAN: No. Would you like an agenda? We'll stop and we'll
print one.
GEORGE PENNY: If we had an agenda, we'd know what resolutions we want to
speak on.
SUPERVISOR COCHRAN: All right, then we'll recess. The Town Board is
recessed until an agenda is printed. Let's go do an agenda. By law, legally, we
don't have to do an agenda, George.
Special Town Board Meeting,- !0/14/99 - Paae Four
The Town Board Meeting of October 15 - excuse me, October 14, 1999,
9:00 a.m. -would you all pleaSe stand and join me in the Pledge of Allegiance?
: It appears here, the Special Town Board Meeting
the Town Board Meeting on Tuesday and we also set the
Regular Board Meeting on Tuesday so those have already been resolutions
voted upon.
As you know, the Town Board has a policy that we invite you to give any
input you may have in relation to any of the resolutions. So, at this time I will ask
if ther~ are any comments or anything you would like to share with us in relation
to Resolution Number 17 Mr. Penny?
GEORGE PENNY: The Local Law for Limited Business - I understand there
were petitions that were rendered pursuant to Article 265 of the Town Law or
State Law - whatever it is. Has a determination been made by the attorney as to
the validity of that petition?
SUPERVISOR COCHRAN: Yes. Greg?
TOWN ATTORNEY YAKABOSKI: Yes, the petitions were submitted. It's up to
the Board. In my opinion, the burden is on the Petitioner or Petitioners to show
that they meet the criteria set forth in the State Law and Section 265 of the Town
Law. The degree of the petitions - this is really a call for the Board. In reading
the petitions, you cannot tell on their face whether or not the criteria is met. The
Board has the option of rejecting the petitions and moving forward or if there was
a super majority vote, which on this Board is five members, it wouldn't matter if
there was a petition involved or not. It's up to the Board - whether or not to reject
those petitions that are at hand. Right now, I COuld spend a lot of time trying to
figure it out '- calculations. I don't have it - from what was given to me, George.
=GEORGE PENNY: I never saw those petitions so I don't know what is missing.
What do you feel is missing?
TOWN ATTORNEY YAKABOSKI: There are three criteria - i believe Mr.
Lizewski is in the audience today. When I asked him the other night, it was
under the first criteria which is 20% of the ownership of the actual land in the LB
District. Is that correct, Joe? O.K. In looking at the petitions, George - does it
show? The easiest thing to do is show how much land is in the LB and whether
or not they own LB land or whether or nOt it all totals up to more than 20%. It's
not here. It's u p to the Board.
Special Town Board Meeting - 10/14/99 - PaRe Five
GEORGE PENNY: O.K. Thank you.
SUPERVISOR COCHRAN: Mr. Lizewski?
JOSEPH LIZEWSKI: I'd like to present the Board with some more petitions and
some more names.
SUPERVISOR COCHRAN: Thanks, Joe.
Legal Counsel has recommended we take the vote first and then we will
look at these petitions in relation to how it's submitted. Did you hear me? Did
you hear what I said? Legal Counsel has determined we can take the vote first
before we determine this. Would anyone else like to address the Town Board in
relation to the amendments to the Limited Business Zoning Code in the Town of
Southold?
DELORES PRINClPI: Good morning. I'm Delores Principi and I have Limited
Business and I have submitted my family's petitions so I hope that's included in
the 20%. I brought it to your office last week - the three of them. I gave it to your
office.
SUPERVISOR COCHRAN: It's in the Change of Zone file. That's in relation to
the zoning map, is it not?
TOWN ATTORNEY YAKABOSKI: I believe so.
SUPERVISOR COCHRAN: This is in relation to the uses.
DELORES PRINClPI: The uses. O.K. Question: what I'd like to know is if you
should for some reason - I hope that you don't change our parcel to R-80- and
we have one acre - do we have to go through a variance? Can we put a house
on this? Are we restricted? What is going to happen to our parcels? My brother
has one acre. I have two and three-quarter acres and I would Want to know how
you're going to handle this - if you're going to turn it into Residential?
SUPERVISOR COCHRAN: Gregory?
TOWN ATTORNEY YAKABOSKI: May I, Supervisor?
SUPERVISOR COCHRAN: Yes, you certainly may.
TOWN ATTORNEY YAKABOSKI: Ms. Principi?
Special Town Board Meeting - 10/14/99 - Page Six
DELORES PRINCIPI: Yes.
YAKABOSKI: With respect to you, if we went to R-80, let's
- one acre lot would be a pre-existing nonconforming lot and there is a
se )arate BUlk Schedule in the Town Code, Zoning Code that would be applied -
setbacks. If you came in for a home and it
ice would not be needed. If you wanted to
you would need a variance.
DELORES PRINCIPI: So~ my question also is - and it's just hearSay - I don't
that if my brother doesn't meet the requirements of two
go and buy property - that's not so?
TOWN ATTORNEY YAKABOSKI: That's not so. That's an incorrect statement.
DELORES PRINCIPI: O.K. Now, on my two and three-quarter acres that is
Limited Business, ! can get one house on it only? If you change it to R-807
TOWN ATTORNEY YAKABOSKI: One home.
DELORES PRINCIPI: One home on two and three-quarter acres?
TOWN ATTORNEY YAKABOSKI: Correct. Following the Nonconforming Bulk
Schedule. Two and three-quarter acres...
DELORES PRINCIPI: Mine is two and three-quarter acres of Limited Business
now which was Business and now down to one residential acre.
TOWN ATTORNEY YAKABOSKI: Them am some other uses in the R-80. I'm
sum you've looked at it.
DELORES PRINCIPI: Yes.
TOWN ATTORNEY YAKABOSKI: In answer to your question, without a variance
it would be one home without doing a subdivision.
DELORES PRINCIPI: O.K. At one of your meetings you had said...
SUPERVISOR COCHRAN: May I have it quiet, please, so we can hear the
speaker?
Special Town Board Meetin,q - 1011.4199 ~ Pa,qe S~yen
DELORES PRINCIP[: At one point in time, you were going to add to the Limited
Business - which I hope you leave my piece zoned as Limited Business - tennis
and golf?. Is that so or did you retract that? It was in the paper that it was
discussed and said that you would leave it on there instead of Commercial
Industrial?
COUNCILMAN ROMANELLI: I'm sorry. I was reading something and didn't hear
your question.
DELORES PRINClPI: At one of your meetings, I brought up that we are working
oa a project to do'miniature golf and, at that time, I was told that you could only
put it in: a Commercial Industrial Zoning which I feel is not the best use for
children and adults, etc. You discussed it at one of your meetings here, and it
· was in the paper as well, that you were going to add that. use to Limited
Business. Is this still so or did you retract that?
COUNCILWOMAN HUSSIE: We haven't done that.
COUNCILMAN ROMANELLI: It's not added.
DELORES PRINCIPI: It's not added. Are you going to add it?
SUPERVISOR COCHRAN: Not at this time.
couNcILMAN ROMANELLI: Not at this time.
COU .~i~ILW. OMAt,i HUSSIE.'. Not today.
DEL(3~=S~RINCIPI:' .Not today. I ~ld go ~r a varian~ ~ my pmpe~ s~ys
Limited. Bus~nes~ ~o h~e ~at use add~ to ~
TOW~ ~0RN~ Y~OS~: Yes, you ~uld.
DELG ~S PRl~OlPl':~ank you again for
. ~. ~.. ~ .;. your time.
SUPE~i~R,COCH~N: You're wel~me. Would anyone else like to address
· e T~ ~o~ in m~tion ~ ~e fir~ r~ol~on? E n~ ~'ll have ~e v~e. O.~,
no, I'~': gdi~ to do ~is ~ same way I do it at o~er Boa~ meetings. Would
anyon~afse, like to speak in relation to any of the ~er resolutions? Si~ This
genfl~ ~r~ 9nd ~en I'll'take you.
HERBerT :~R: ~m. Herb Adler. I'm on ~e Landma~ Commission and
talkid~,~ ~l~tion, to ~e RO...
Special Town Board Meeting - 10/14/99 - Pane Eight
COUNCILWOMAN HUSSIE: Talk into the mike.
SUPERVISOR COCHRAN: Would you please say your name again?
HERBERT ADLER: Herb Adler.
SUPERVISOR COCHRAN: Herb Adler.
HERBERT ADLER: I'm on the Landmark Commission. I haven't talked to
anybody else about this but I thought I should come here. I appreciate the efforts
of the Board to do creative re-use of property to preserve the ambiance of the
T I do feel that there are things that worry me especially in the
~ to the use of the Residential Office District and especially I'm going
to District as it relates to them. I mean I know that
Gove~ State and National, can change things as they go along,
What worries me is what we do today will be undone in the coming years and
down the way and people just don't have a chance to plan long term with regard
to things. That's a fact of life and just what I call morality of government.
Getting down to some of the more specific things, I noticed that in the
proposal as we talk about the Historic District, the Landmark Commission is in
~o pointI involved in what decisions are made in that district. And I think that
maybe, while the Landmark Commission has no powers, it would be nice to at
concerned in what goes on in those areas which they are
invo l~
I'll try to make this brief. I'm a little concerned about the broadening to
include small business offices such as insurance agencies, real estate. If you
want these businesses, I agree that they are perfect businesses for these
districts but you want them to grow and if they grow, they will outgrow it. There is
limited space. ESpeCially in the Landmark District I do not see that there is
adequate parking facilities available. Deliveries would be a problem and I just
wonder'if these kind of things should be encouraged because you would have to
get variances along the way. I don't think it's fair to promote thingS if you want
growth and we do want concerns to grow in the area. I feel that we should give it
a little more consideration. I'm also concerned within that I've heard rumors that
what happened to Route 25, there are going to be changes down the road in the
way that traffic' flows and how this would affect something like the Historic
District. I do not know if this is a fact but I heard rumors.
SUPERVISOR COCHRAN: They will be blacktopping with blacktop or asphalt
that is more nonskid in 'wet weather. They may be changing some of the traffic
patterns. We've met with the DOT on more than one occasion. They have told
Special Town Board Meeting, 10/14/99 - Pa,qe Nine
us in form terms that there will be no widening of the highway. This is something
that we will not stand for so they are going to be developing different traffic
patterns. For instance, they wanted to put six turning.lanes in the Village of
Cutchogue alone which we fought against. We would like people to slow down
through the villages; not speed up the traffic. So, that's been our philosophy in
meeting with them and we're holding firm on that and Work'lng With the
Transportation Committee. No, it will be blacktopped. It will not be widened in
any respect.
HERBERT ADLER: Will they be eliminating parking on one side of the street?
SUPERVISOR COCHRAN: There was some they had proposed. I don't think
there's anything through here. CutChogue is pretty much as it was. They pretty
much went with the Transportation Committee's recommendations. If You'd like
detailed information, we certainly will get it for you. We've kept an eye on that.
HERBERT ADLER: I appreciate that.
SUPERVISOR COCHRAN: May I just have a clarification - are you speaking on
behalf of the Landmark Committee or are you here as a private individual?
HERBERT ADLER: I'm here as a private individual speaking as a member of the
Landmark Commission.
SUPERVISOR COCHRAN: But you're not speaking on behalf of the committee?
HERBERT ADLER: No, I'm not. I don't think it's fair to do that.
SUPERVISOR COCHRAN: O.K. Thank you, Herb.
HERBERT ADLER: In relation to library uses, I think we should have those uses
here and things like that but, again,, there's limited aCCess to the Landmark
District. I thought they should be allowed to do it in that area. I gueSs that's one
of the problems. I'm also worried about custom workshops, As I look at that, I
could have a shop that worked on cars - customizing cars. I don't see any
definition of custom workshops.
COUNCILMAN MOORE: That's a .separate section of the Code - there's a
definition of custom workshop. There's a definition in the beginning of the Zoning
Code. When that came out, we looking exactly at that very point.
HERBERT ADLER: It does exclude cars?
Special Town Board Meeting - 10/14199 - Page Ten
COUNCILMAN MOORE: Yes, sir.
HERBERT ADLER: What would be included?
COUNCILMAN ROMANELLI: Want me to read it? ! have it right here. Custom
Workshop:
Shoes
on the
"A business premises used for the making of clothing, millinery,
order or measure, for sale at retail
the manufacture of machinery, vehicles,
nilar heavy goods and ready-to-wear or standardized
HERBERT ADLER: What word is furniture?
COUNCILMAN ROMANELLI: You're right - doesn't say anything about furniture.
You're right.
HERBERT ADLER: I'll just make one other comment. This is a very personal
comment. Everybody wants to restrict the architecture in Town to what they have
and ! think we should look for the future to have architects do the creative-work
so that it blends with the Town and, as the laws read, they couldn't even do that.
I feel that that's something that we should put ourselves into the Twentieth
Century with property. That's personal. Nothing to do with anybody else.
SUPERVISOR COCHRAN: O.K. Thank you very much, Herb.
Sir, I said I'd take you next.
DOCTOR ARNOLD URIST: Ladies and gentlemen of the Board and fellow
Southold patriots, my name is Dr. Arnold Urist. I have a medical practice on Love
Lane by the railroad tracks and I have a couple of questions. The proposal is to
shift me from Light Industry to Residential Office. In our building, we rent. the
upstairs. We have a one-bedroom apartment. It's a rental that brings in income.
Under the change from Light Industry to RO, will I still be able to have a tenant?
SUPERVISOR COCHRAN: It's residential, yes:
DR. URIST: I can rent?
SUPERVISOR COCHRAN: Yes.
DR. URIST: If I sell: and transfer the property, can the new owners tear down and
gut the present building to put up another structure like a workshop or a little
Special Town Board Meeting - 10/14/99- Pa,qe Eleven
office building. What about that? Do new owners have the right to drastically
amend it or tear it down and put up a new building?
COUNCILMAN ROMANELLI: If they keep a residential office or an office in the
building, you can tear it down and rebui d it,~sure. As long as they keep the use
similar to what Residential Office allows.
DR..: URIST: What about a small workshop within what Was just read?
TOWN ATTORNEY YAKABOSKI: A custom workshop is allowed in that zone as
a Special Exception.
DR. URIST: With the new zoning, I have patients - a lot of them who can't walk
or in wheelchairs or use walkers and canes - they can't walk too far. Will new
parking regulations impede on that aspect of my practice?
COUNCILMAN MOORE: Whatever. your present situation is is what 'you will
have; it will stay the same. You exist and were there so it's not going to add a
burden on your operation.
DR. URIST: Thank you.
SUPERVISOR COCHRAN: You're welcome.
BARBARA SZCZOTKA: I'm Barbara Szcaotka. I have a couple questions. If you
are going to vote on this today, Mr. Murphy is not present and Ms. Evans is not
present...
SUPERVISOR COCHRAN: True.
BARBARA SZCZOTKA: Can I ask why? And shouldn't they be here?
SUPERVISOR COCHRAN: Everybody is responsible for themselves, number
one. Number two, there are times in our lives that thera are cOnflicts. The
complete hearing is transcribed. They can read it as well as sit here and listen.
True, it's better to be here because you get the feel that goes alOng with the
written text. Mr. Murphy had a meeting he could not reschedule. He said he
would try to be here between 10:00~10:30 a.m. at the latest. Mrs. Evans has a
family and with the travel, she wasn't able to make connections so she wasn't
able to come over today, She doesn't always come over for'Special Meetings.
Special Town Board Meeting -10/14/99 - Pa,qe Twelve
BARBARA SZCZOTKA: My other question is - when we get to the vote on the
RO District, is Mr. Moore going to abstain from the vote since he is in the RO
District?
COUNCILMAN MOORE: No, I'm not going to recuse myself on that. If we had to
enact any kind of zoning code or any kind of piece of property code, any, one of
us roperty couldn't vote on that whether it was
as far as
any and there is none doesn't relate specifically to
as I'm saying: Look, we're going to rezone me' from one to the other.
BARBARA SZCZOTKA: The uses will affect it.
COUNCILMAN MOORE: True. I operate my business there presently.
JODY ADAMS: I'm Jody Adams and I guess the thing that the gentleman from
the Historical District raised - he didn't ask you what is a machine shop by
definition.
COUNCILMAN ROMANELLI: It was custom workshop.
JODY ADAMS: Well, it's the same line. Custom Workshop and Machine Shop.
Page Two, 1 (a).
COUNCILWOMAN HUSSIE: Ms. Adams, you're hooking at the Limited BuSiness.
JODY ADAMS: ! probably am.
COUNCILWOMAN HUSSIE: Does it say LB or Limited Business?
JODY ADAMS: Yes, so workshops and machine shops are not in the one that he
was discussing? O.K.
TOWN ATTORNEY YAKABOSKI: Ms. Adams, there's not a set definition in the
Code. It's been dealt with before by both the Building Department and, I believe,
the ZBA.
JODY ADAMS: O.K. Let me speak briefly, generally about what I consider a
problem in Southold which this may relate to. I happen to have a unit at the self-
storage place near Town Hall and they have now three businesses and one of
them is an auto type repair and they all deal with odors, noise... In relation to
these, I understand they meet the zoning. Now; I believe this is what - minor
industrial as opposed to LB?
Special Town Board Meeting - 10114199 - Pa,qe Thirteen
COUNCILMAN MOORE: Light Industrial Zone. A heavier zone than Limited
Business .Zone.
JODY ADAMS: How does a machine shop differ from this minimal auto repair
shop - what is. it potentially creating? They're very near you incidentally so you
might be serious about this.
COUNCILWOMAN HUSSIE: We don't have a written definition of a machine
shop, per say, but if I can just interject my limited knowledge of that sort of thing,
I would think that it would be a business that makes small machine parts of
metal.
JODY ADAMS: Yes, like the one over on Route 48.
COUNCILWOMAN HUSSIE: Right, and that's a Machine Shop.
JODY ADAMS: I'm very concerned that Southold Town has no control
whatsoever on excessive auto emissions, on the disposal of various chemicals
from similar shops. I think that this type of machine shop could create these
problems. You can refer this to the ~Department of Health and take these things
away from you so you don't have to gain responsibility for it and yet the people
visiting here are going to begin to inhale this stuff and I wish you would .think
about it and consider it.
SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the
Board in relation to any of the resolutions? Tyler?.
TYLER CORNELL: I'm Tyler Cornell on behalf of Ruth Enterprises and the
Comell Family. I rushed down here today for, what I heard through the
grapevine, was another hearing on input from the public on the cramer: Study
and how it would affect our properties. Unfortunately, I haven't to make the
beginning of any of the meetings and never seen an agenda before for any of
these meetings.
SUPERVISOR COCHRAN: They've been here.
TYLER CORNELL: I believe that they've been here. I just haven't been able to
get down in time. As ! look at the agenda, I see a number of resolutions to enact
the laws and I don't see any mention of the Cramer Study which is why I thought
! was down here. Although, it does look like everything of these reSolutions of
laws to be enacted directly affect the Cramer Study. I was wondering why I don't
know about any of this st~ and I would like to request, considering we're
Special Town Board Meeting - 10/14/99 ~ Page Fourteen
spending thousands of dollars to give input and to get down here - it seems
somewhat ridiculous on our behalf to have to do this so I would like to formally
letter, a complete schedule of anything and
g the Cramer Study and when and what will be happening
r each one of the meetings. I have people who
,. I'm missing, out on a job right now up the island
bringing more money down 'here.. I was
liVing ~nY I should
This has
,~ to .have
study? Is that a
a ful
yes?
COUNCI
zon~
on
you
le, by
he
,: ...what action and whats taking plac at the next
daCs meeting was to continue the hearings on the
Tuesday night after the Public Hearings
and a motion was made that those be tabled. That'S why
four resolutions.
: If I was out working trying to support my family and'l wasn't
how would I know?.
~ ' ' e
SUPERVISOR COCHRAN: It s nobced ~n th newspaper.
COl
ag
And anyone can call Town Hall to ask what's on the
CORNELL: There are no phones necessarily in an industrial site and,
good, it gives what - three days, four days notice to
~ave twenty guys on it - that has to be done by a certain
there are penalties and losses that have to be taken. It's a little bit
entire business around a meeting that gets thrown up in
the night or maybe the Tuesday before. And I don't mean to
but you ve g t to understand. Almost everybody here is falling under
complain ' o
the The Town is getting hurt very badly by loss of income,
loss of , of productivity across the board. Not just your board, but ours.
a formal...
SU
Tyler, we notice legally what we have to notice. I'm
appreciate that we cannot, on every given topic in the
We're hopeful that they will look in the
nt is doing. We're hopeful that you would feel
Special Town Board Meeting - 10/14/99 - Page Fifteen
comfortable in picking up the phone and calling the Town Clerk or the
Supervisor's Office. I just don't see the logistics of it.
TYLER CORNEL[:: Do you see the logistics of us trying to get down here?
SUPERVISOR COCHRAN: Yes, I do. 1 can appreciate that. I can.
COUNCILWOMAN HUSSIE: Mr. Cornell, if I may - part of this is part of what
appears to be a bit.of confusion on motions 1
1:00. We were going to consider the four laws that ~
to table those- table .the motion tc was that we
the Public
:Hearings. This, morning of the hearings of
the 4th, 5th and 6th - the Cramer Study ~ Changes. As you recall, those
hearings were continued to this morning at 9:00, based on the fact that we would
know what the
this position rigl
or nay - before the various concerns can speak
knowledgeably about: the impa~
TYLER CORNELL: Sure and I can understand that completely but at 12:00 I had
already missed two conference call,, ~just to hear something like
that and the biggest reason that I come i: what the heck is going on
and when I have to get down here. I got here late because we're trying to set up
a job. I wasn't here at the beginning of it and
happening to me, it must be happening
directly: affects and I wanted to get it on the
future, find a better way to
away and things of that sort.
that if that's
in the Town that this
and ask the Town to, in the
retirement fUndS being] taken
The second thing - and I wasn't going to talk about any of this but we've
got to do it - at. least it's on the paper - ~,as that I dohave an'agenda; I read the
policy ~ ~fforts seem worthless. If you read the PoliCY it
says "At schedul( own Board Meetings, the attending public is encouraged to
briefly; :address the Town Board relating to agenda resolutions prior to their
enactment."
SUPERVISOR COCHRAN: That's what you're doing. We haven't done the vote
yet.
COUNCILWOMAN HUSSIE: There are times, when we have resolutions on that
are definitely noncontroversial and then we do have some that are'controversial
and there are many times when we get input from the public and some of the
points must be considered in which case we might not move the reSOlutiOn.
Special Town Board M eetin,q - 10i14799 ~-pa.qe~;sixteen
TYLER CORNELL: I can see that that was the main reason for it but the word
enactment, doesn't that mean to enact?
' not. if we hear things that say that we really
I it.
TYLER CORNELL: O.K. It just seems that everything in the writing says that it
will be enacted.
CwOUNCILWOMAN HUSSIE: We have, in the past, not enacted something when
e hear public input that we think definitely deserves a lot of consideration.
O.K. The main reason that I was here was to read into the
my father, Clifford Cornell, and to submit that letter. Should
SUPERVISOR COCHRAN: Yes, once we get back to the hearing. Right now
we're talking in relation to the resolutions that are on the agenda.
TYLER CORNELL: O.K. Thank you.
SUPERVISOR COCHRAN: Good morning.
PAULINE PHARR: Good morning. Pauline Pharr. We are looking at the changes
in LB and RO - if I read those correctly, no retail is allowed in RO and very
limited retail is allowed in LB. Only a winery or a nursery or if you COnsider a
custom workshop or a machine shop a retail use. This is being done prior to our
enacting the Cramer Study. If we enact the Cramer Study, we are going to take
out a lot of LB and RO property as well as business property. Where is retail
supposed to go? Is there room on the downtown corridors of our towns to
accommodate all of this retail or potential retail that can't go anywhere else. I'm
thinking about this because I sat through the hearing on Mr.-Mullen which was
such a hard thing to decide. I thought well what is Mr. Mullen to do if he
outgrows his lot - where is he to go? If we are taking away all of the empty
business property on 48 that's zoned B, he can't go there. Are there other B
properties? I think the problem here is that we are doing 48 not in conjunction
with 25 and so we don't have an overall Sense of what's available all Over the
Town so maybe there is some place that I can't imagine - I can't visualize where
he could go. Where is the carpet store supposed to go? Where is a tile shop
supposed to go? We have four zones where you could put a library or a
museum. I see too those in our future and it. doesn't look like
Special Town Board Meetin,q -10/14/99 - Pa,qe Seventeen
sure .that we really were complementing the hamlets and providing adequate
s pace for growth and continuation.
SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the
Town Board in relation to the resolutions? This is is on
these changes, rm going to take the gentleman in the back and. then you
Mr. Meinke.
PETER HENNESSEY: I'm Peter Hennessey from Southold. I'm one of those
businesses that is in the 25% of LB that is not on for ... I have two: warehouses
for a book company on Depot Lane and i'm about two weeks away from
approaching the Building Department to put up another warehouse. You people
have put a line through my business. Not only will I not be allowed to put up the
size of, the warehouse that !: want, I won't be able to put up any warehouse
according to what I~m reading, Nor :will I be able to buy other, property that ! can
build a warehouse on. What am I supposed to do? Can you tell me that ! have
nothing to worry about?
COUNCILMAN ROMANELLI: You can have a warehouse in an LB Zone.
PETER HENNESSEY: But it won't be LB. It will be LB to whatever you're
thinking about changing it to.
COUNCILMAN ROMANELLI: It's your property in particular that you're thinking
of?
PETER HENNESSEY: Correct.
COUNCILWOMAN HUSSIE: What is your property presently zoned?
PETER HENNESSEY: LB.
TOWN ATTORNEY YAKABOSKI: Correct. But if I understand correctly, you're
on Depot Lane?
PETER HENNESSEY: Correct.
TOWN ATTORNEY YAKABOSKI: I don't believe that there is a zoning map
change proposed for any area around Depot Lane.
COUNCILWOMAN HUSSIE: He's concerned about the uses in LB.
TOWN ATTORNEY YAKABOSKI:. Correct but there are two things. The first
thing is that I don't think there are any zoning map Changes and the ~'econd
Special Town Board Meeting - 10/14/99 - pa,qeEighteen
thing is - if the zoning map is not changed so thus he's still LB, the question then
arises...
PETER HENNESSEY: I came to the hearing the other night, I was told that LB in
the entire Town was going to be changed :from LB to Something else.
TOWN ATTORNEY YAKABOSKI: Not: true.
COUNCILMAN MOORE: There are certain LB pieces that have been proposed
to be changed, if you didn't receive a notice about your own piece of property,
then your parcel wasn't included.
PETER HENNESSEY: Then why did I sign a petition that was circulating for the
general changes of LB t° SOmething else. Are you telling me that I'm not affected
by any of these changes.
COUNCILWOMAN HUSSIE: Yes, you are.
SUPERVISOR COCHRAN: The uses.
COUNCILMAN MOORE: You're presently zoned LB. There is no proposal in the
Cramer Study to take your particular piece of property and rezone it so it will
continue to 'remain LB. The question that you want examined then is any
proposed changes to the uses within LB, and in that, LB is looking at things like
private warehouses.
PETER HENNESSEY: Correct.
COUNCILMAN MOORE: O.K.
PETER HENNESSEY: You just put a line through a warehouse which means
what?
COUNCILMAN MOORE: No, if it was moved - if it went from...
COUNCILMAN ROMANELLI: We separated two definitions for warehousing -
private warehousing and public warehousing. Public and private warehousing
was one definition and what we did was to separate it into two definitions.
PETER HENNESSEY: So, are you telling me that rm going to maintain my LB
status?
COUNCILMAN MOORE: Yes.
Special Town Board Meetin,q - 10/14/99 - Page Nineteen
PETER HENNESSEY: And then I won't have any problem putting up another
warehouse?
COUNCILMAN ROMANELLI: On the property that you're on now.
COUNCILMAN MOORE: Assuming you meet what the Code requres presently -
I'm assuming that you could do that with whatever plans you have.
PETER HENNESSEY: These percentages of 15 and 30...
COUNCILMAN MOORE: Have no bearing on you, You'd still be conforming.
SUPERVISOR COCHRAN: Would you please spell your name and the name of
the business?
PETER HENNESSEY: Sure, Buccaneer Books and my last name is Hennessey.
TOWN ATTORNEY YAKABOSKI: Mr. Hennessey, look at number 12. Do you
see private warehousing? There's another law about the definition of private
warehousing.
COUNCILWOMAN HUSSIE: And the private warehousing proposed definition is
"A building used for the storage of goods and materials by the owner of the
goods and materials for the owner's own use...ex, off-site storage for operations
conducted by the owner at another location. No retail sales are permitted at a
private warehouse. This is not to include self-storage facilities". Those are the
public warehouses.
SUPERVISOR COCHRAN: You're fine.
PETER HENNESSEY: Thanks for your time.
SUPERVISOR COCHRAN: You're welcome. Thank you .for coming in.
TOWN ATTORNEY YAKABOSKI: Mr. Hennessey, may I ask one question?
PETER HENNESSEY: Sure.
TOWN ATTORNEY YAKABOSKI: It!s up to you completely - does that mean that
you are withdrawing your protest or not? It's up to you. I'm asking this because I
might have to do calculations later depending on what the Board votes.
PETER HENNESSEY: I don't agree with altering the Town Code.
Special Town Board Meeting - 10/14~99 - Page TWenty
TOWN ATTORNEY YAKABOSKI: That's fine. I just wanted to make sure. I might
have to be doing calculations later.
SUPERVISOR COCHRAN: Would anyone else/ike to' address the Town Board?
HOWARD
does i
should
Meineke of the North Fork Environmental
ar of a question I-asked. I thought in the
expand 15% and at 30% was all good stuff. I
effort to make it simple, my impression is that site
s no longer requested and:l can
~e way by the 15% or the 30% increase
and some of the Other things that site plan looks at and I
that while we're allowing- and we
- 15% and 30% expansion - it's all to the good. We still
in the past and analyze those expansions
SU N: Thank you. Is there anyone :else who would like to
George, but is there, anyone else that hasn't sPoken
yet? - and then the second time around. Is there anyone who has
not spoken who would like to address the Town Board on the resolutions? O,K.,
Mr. Penny.
GEORGE PENNY: I just have a question regarding 1 through 4. I left at 11:30
Tuesday night. I was not able: to stay awake long enough...
SUPERVISOR COCHRAN: 1:30, George.
GEORGE,PENNY: (Inaudible coversation due to simultaneous noise.) Yes, on 1
through 4.:..
TOM CRAMER: ...if my memory serves me correctly, the RO and LB were Type
I Actions. Amendment to Section 1'00-13, the definition of private and public
warehousing is an Unlisted Action. The same is for nonconforming buildings and
nonconforming uses...of the Unlisted Actions...as well as the Type I Actions, a
full EAF was done.
GEORGE PENNY: I was just curious.
TOM CRAMER: I was just letting you know that the long form was done,
Special Town Board Meeting - 10/14/99 - Page Twenty-One
GEORGE PENNY: O.K., thank you.
SUPERVISOR COCHRAN: You're welcome. Would anyone else like to address
the Town Board in relation to the resolutions? Jim?
JIM DINIZIO: You had a hearing the other on these four laws and took a lot of
information and a lot of comments. And I'm wondering when did you meet to
discuss those comments as. to:whether or not you're going to change any of
these laWs. And are these laws that (noise interference)..the other night?
COUNCILMAN ROMANELLI: They are the same laws that you looked at the
other night. We havenlt taken those comments and changed anything based on
those comments.
SUPERVISOR COCHRAN: They are the same.
JIM DINIZIO: So, you haven't taken any of the comments and changed them
based on the those comments...(noise interference). You're saying to me now
that you haven't changed anything based on the information that the people
gave you, in other words~ the law, is. the same even though you had the public
hearing,, you took. information and disregarding all of that because you feel that
these ar~:the motions that should be voted on? Is that correct?
?: Yes.
JIM DINIZIO: Without regard to any of thecomments?
COUNCILMAN ROMANELLI: We can't say that we're disregarding the
information.
JIM DINIZIO: You know, well, why have a hearing that you don't at least, at
some point in time as a Board, sit down and discuss the information that you
took in and perhaps formulate - that's why you have the hearing - because the
law is requiring to have comments from the public. And if I read this correctly,
you haven't changed the laws as they were written so you disregarded the
comments that the entire public has commented on...Am I correct, you haven't
discussed anything that you heard at that meeting? You just are going to vote on
those laws as they were presented to the public on that night?
SUPERVISOR COCHRAN: It has not been discussed as yet. Is that the answer
you want?
JIM DINIZIO: Yes.
Special Town Board Meetin,q -10/14/99 - page' Twenty-two
SUPERVISOR COCHRAN: You've got it.
JIM DINIZIO: In other words, if you make a motion...
bSUPERVlSOR COCHRAN: And .that doesn't mean that those comments have
een disCOunted.
JIM DINIZIO: O.K., but, well, it does if you vote for this law.
SUPERVISORi COCHRAN: You don't know how this vote is going to go.
JIM= DINIZIO: I agree...(noise interruption) is what I'm saying ....
SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the
Town Board that has not spoken? This is on the resolutions? We are not in the
he.arin, district changes. Wait a minute, Joe. Anyone else that
would like to speak. Yes, sir?.
GERAR GRASECK: I m Gerard Graseck and I'm definitely opposed to any
changes in the LB ~e. Retail has been in the LB Zone for years and I think it's
a big mistake to
SUPERVISOR COCHRAN: Thank you. Anyone else who has not spoken who
would like to address the Town 'Board in relation to the resolutions on the
agenda? O.K. We will begin with number 1. O.K., I'm sorry. Joe and then Tyler.
JOE LIZEWSKI: I just want to make a comment - people sometimes think they're
maybe on side of the fence...The way this was conducted, to me, is
the most~ we didn't have a chance to go to legislative
meeting put input on this subject. If we have a law up here
that said - and luickly, within ten days - you have a public hearing
without any ~on and we were allowed to clearcut all of the pieces of
buSiness land. this was happening with that from the previous discussion
with the Zoning BOard or Planning Board - in having legislative meetings. I think
that a lot of people would be very, very upset so the methodology,, of the way that
this has come about is just 'very alarming to me - the fact that w~ ve loSt - I mean
you can do it. We know that this is legal but it doesn't mean that it's the way to
go. If we're going to take a Cramer Study or a study done by somebody and jam
it' down people's throats without the normal input from many of the public -
normallY Youd go Iike the Greenhouse Law where the greenhouse people would
be them and there would be all sorts of input and there would be time-to think
about things.an( Id be time to make a lot of comments before it ever
got to this Pub to be designed here.
Special Town Board Meetino - 10/14199 - Paqe Twenly-three
SUPERVISOR COCHRAN: Thank you. Tyler?.
TYLER CORNELL: Thanks, Jim and Joe. That's kind of where I was going with
the way it was written for enactment. I really have two things that I want to say. I
don't feel like pushing you guys too hard or anything but I was just thinking about
the logistics as I just mentioned about getting the word out to people. If more
people had the word and everything had gone where it could be thought about
before they had the second hearing...It ~vouid probably be worth the taxpayers
money to look into that and get things rolling smoothly before they're pushed
through and the lawsuits adse. Dollar for dollar, I'm sure that the lawyers will
outbid any logistics fo? their ,a-ay to get notice out to the public..N'td concerning
the resolutions, when I. was speaking before, Nice, you had mentioned, before
that we couldn't have that hea!'ing~ I"think it was you that mentioned it - that.we
couldn't have the hearing for- the Cramer Study anti[ the hearing for these laws
and resolutions'wes 'had.
COUNCILWOMAN HUSSIE: It wasn't a matter of couldn't - it wes a matter of the
.request of the pfJblic to continue the hearings until they knew what the laws
were. They were 0b[ecting to talking about proposed laws.
TYLER CORNELL: Anyway, will the votes on the laws be taken before the vote
on the Crarrier Study is taken.
COUNCILWOMAN HUSSIE: That's what we're supposed to be doing today.
TYLER COENELL: Wouldn't that make the Cramer Study worthless,, considering
it wes done on previous zoning laws?
COUNCILMAN MOORE: No, because .the Cramer. Study includbd., proposed
recommendations - it was a two preng study. The proposed. ' .rec~lm. etidation
was for a zoning code to be considered since the time these,/)rOpo~lS Were
made to us and we've worked around through a series of work sesSions.and,, in
conjunction with that, the specific set of recommendations as to zor{ing changes.
It was one, two - here are suggestions on both phases: the Code an[d property.
.TYLER CORNELL: So, in other words, I just found out about these laws at the
hearing but Mr. Cremar knew about them months ago.
COUNCILMAN MOORE: These recommendations were all part of his proposal
which was recommendations to our Code change to be made to us .back when it
first came out and was in his report.
TYLER CORNELL: How many pages is his report?
Special Town Board Meeting - 10/14/99 -pa~' Twenty-four
SUPERVISOR COCHRAN: Would you like me to count?
COUNCILWOMAN HUSSlE: We don't know. These laws - this proposal and Mr.
~/e were the ones - this Board
as you see them todaY. They weren't made by Mr.
Cramer.
ORE: Not in a law form but the recommendation...to add it to
COUNCILWOMAN HUSSiE: The various uses, yes.
TYLER CORNELL: And most of these laws actually work with people to a huge
extent because they can increase nonconforming property and things of that sort
which, in the past, they have not been able to do. Of course it still devalues the
property if they Want to sell it...
COUNCILMAN MOORE: On the one example, they presently can't do anything
to expand or improve their nonconforming business and this is something that
you could never do before - this one proposal that you're talking about.
TYLER CORNELL: Yes, but I wouldn't be here ....my property was going to be
nonconforming.
COUNCILMAN MOORE: That's a different question but the nonconforming
section is providing, if enacted, something that's never been done before.
TYLER CORNELL: Oh, sure. And I think it's great.
COUNCILMAN MOORE: We're talking about two different things.
TYLER CORNELL: If it was done a few years ago, maybe we wouldn't need the
Cramer Study. Now we're talking about nonconforming property. All right, thank
you.
SUPERVISOR COCHRAN: Would anyone else like to address the Town Board
on any of the printed resolutions. Would anyone at all like to address the Town
Board? Mr. Meineke?
HOWARD MEINEKE: Howard Meineke from the North Fork Environmental
Council. I like to say that it isn't very often that we stand up here and agree with
Joe Lizewski but, I do think that this heals - for those in the audience - that
people stand up and worry about they're going to say and analyze what they
Special Town Board Meeting -1011.4199 - Page Twenty-five
read in the publication of the laws and say I think it would be better this way or I
think it would be better that way. There's a bunch of opinions out there and it
does feel to us too that all the comment, at least one round of comment, should
marinate in the heads of the Town Board put into
potentially reworded laws. We all feel as thoug some sort of a
giant play here where everybody is asked to be part. of the deliberations and
nothing every appears as a change effort. You hear hours and hours and hours
of opinions but you get the feeling that non
enough to become a new sentence in any one
working on. Maybe there's something about your procedure Ily
understand but I do find it unsettling also. Thank you.
SUPERVISOR COCHRAN: Thank you,. Mr. Meineke. No demonstrations, please.
Would anyone else like to address the Town Board? Mr. Foster?.
ARTIE FOSTER: Good morning.
SUPERVISOR COCHRAN: Good morning.
ARTIE FOSTER: rm Artie Foster. Item number 4 in reference to the
nonconforming with expansion - either 15 or 30% - whichever is determined and
it's my understanding that, if by law you can expand 15 or 30%, you still have to
go to the Planning Board?
COUNCILMAN MOORE: Beyond 15%. If you're going as far as 30, you're going
to the Planning Board.
ARTIE FOSTER: Fifteen is done...
COUNCILMAN MOORE: Without site plan.~
SUPERVISOR COCHRAN: Without.
ARTIE FOSTER: Without site plan. From 15 to 30 - say 20%, you have to go to
the Planning Board for the site plan.
COUNCILMAN MOORE: Beyond 15.
ARTIE FOSTER: What determines that - the size of the lot; the size of the
building that you presently have in relation to -
COUNCILMAN MOORE: Expansion of the existing building - the existing
footprint.
Special Town Board Meeting - 10/14/99 - Pag6 Twenty-six
:ARTIE FOSTER: And the expansion of 30% is based on building size or-
COUNCILMAN MOORE: Footprint. That's how they've always looked at
coverage.
:i each of
lot
right, now, rm nonconforming. I. have three buildings. Can ~
i three bUildings 15% or is it the total of 157
ARTIE FOSTER: Thank you.
SL
add
ress the
will call for the
You're welcome, Artie. Would anyone else like to
)n to the resolutions? Would anyone else like
in relation to the resolutions on the agenda? If not, I
the resolutions.
that
pril
W~
the LB District, no building or premises shall be
part of a building shall be erected or altered which is
designed to be used, in whole or in part, for any uses
'ermitted Uses -the following uses are permitted uses. All
Pt single-family and owner-occupied two-family residences
business complementary to the rural and historic
g area, limited to the following: custom workshops
Wholesale or retail sales and accessory storage and
,rials and plants, including nursery operations, provided
or display of plants and materials does not obstruct
traffic and does not occur within three (3) feet of the
all been existing so far - that'S no change. Libraries and
business offices, funeral homes, restaurants, except
repair shops for.household businesses - for household,
)liances, including cabinet shops, carpenter shops,
~! shops, furniture repair shops and bicycle and
landscaping and other service businesses, retail uses
the business eStablishment - service business establiShment,
~ which meet the following standards: Wineries shall be a
with New York State law from which wine made from
Island grapes is produced and sold; wineries shall obtain site
wineries shall have retail sales on site;: bed and breakfast set
3ns for bed and breakfast; private warehousing - and early up
wholesale and warehousing and we broke up the
ition. Private warehousing is allowed as a permitted use in the
are permitted through special exception and that would be
Special Town Board Meetin.q - 10/14/99,- Pa,qe Twenty-seven
contractor's businesses or yards, but not limited to, building, plumbing and
electrical yards, telephone exchanges, antique and art and craft shop galleries.
Accessory uses that are added are outside storage of equipment, supplies and
materials associated with any of the normal operations of the principal use
provided that the storage is adequately screened from along the road frontage
and contiguous residential lots with natural vegetation, landscaping, fencing
and/or as shall be deemed appropriate by the Planning BOard. We made some
changes n the bu k area an~ Parking requirements. The Planning Board may
grant a limited waiver from the bul a
minimum of 40,000 square feet where it can be clea the
subject parcel has been held in single and separate ownersh' ' 989 or
eariler based on title, a survey prepared by a licensed cribing the
subject premises and all contiguous property. This stays ~ law
was, structures shall be set back,at least one hL
developed, in which the minimum front
setbacks of the neighboring parcels. :A
structures so ,that no single structure sba
feet of 1
parcel
setback req
from the
n~
the
separate
linear
a
S~flon 1~-13 of ~ ZoMsg Code
, ~s for
W~ho~ ~d ~c W~-
Olin ~t the T~ ~d ~ ~he
T~ of ~M ~ bom
He~ on ~ af~ ~t ~w
at the ~oM T~ ~,
M~ R~ ~M, N~ York
8:10 EM., ~ny, ~ 12,
1~. A~d~~
~wh~t ~
~ ~W S -1~
~: A ~ LAW TO
~ SE~ON 1~13 OF
~ ~G ~DE OF
TO~ OF SO--OLD BY
~D~G A DEHN~ON FOR
PR~A~ WAREHOUS~G
~ P~C W~HOUS~G
BE ~ ~A~D BY,~e T~
B~ of ~ T~ ~ ~u~old
fo~
The following definitions are
hereby added to section 100-13 of
the Southoid Town Code:
Section 100-13 Definitions:
C~pies of this t,ocnl Law aFe
avaiiable in the Office of the Town
Clerk to nny interested peFsons dur-
ing regular business hours. Any
person desiring to be heard on the
~earOposed amendment should ap-
r, has the fight to appear, at thc
time and piace above so sp.e. dficd.
SouthoidTown Clerk either prior to
the public hearing ur at the public
hearing.
Dated: 9/28/99
BY ORDER OF THE
TOWN BOARD OF THE
TOWN OF SOUTHOLD,
SOUTHOLD, NEW YORK
ELIZABETH A. NEVILLE
sOUTHOLD TOWN CLERK
19~5-1TS30 -
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
count, being duly sworn, says ~at he/she is
Pr~cipM clerk of THE S~FOLK TIMES, a
weeMy newspaper, pub~shed at MattOck,
~e To~ of Sou~old, Coun~ of S~fo~ ~d
State of New York, ~d ~at ~e No~ce of w~ch
~e ~exed is a prated copy, has been re~-
l~ly pub~shed ~ s~d Newspaper once each
week for ~ weeks successively,
commencing on the i~O~ day
'. ~clp~ Clerk
Sworn t~before me ~s
day of ,~.~ ~TARY pU~gC~TE OF NEW YORK
~--~ ~ ~ NO. 01BR4732613
~ ~
j~