Loading...
HomeMy WebLinkAboutLL-1999 #16"Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, 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. County City Town Village Southold ~ ................................... Local Law No ............... _1__6_ .................. of the year 19--9-9-- _Cnde__~f._the A local law in Relation to Amending Section 100-_2_q_.3___o__f___t_h__e___Z_oDJ_D_g_. (ln.~rt t_o__w__n___ 9.f_ _.s__o_ut_ h 9_[_d___b_ ~v_ __A_ m_e_n_cJjnO__tbe.._D__e_fi n i ~j_o n__o_L ~onc artfor ming ......... B..u_jJ_d_j _n_g 7_ __w_i_t_h_, _N_ 9_ _n_c_ _o_ .n_ f_o_ r__m_[_n_g _. _U__s_e_ _s_ ....................... 2 ............................. Be it enacted by the Town Board ........................ of the (N~¢ of Leg.~Im:~ Bo~ly) ~aYa~X i~X of Southold ........................ as follows: .~100-243. Nonconforming buildings with noncgnforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use 1) Non-residential uses: a) Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming non- residential building with a nonconforming non-residential use or construction of an addition to existing buildings(s) or additional building on the premises, so long as said increase in size of the buildings(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure, does not result in an increase in the overall building footprint(s) of more than fifteen (15%) percent, except that said increase,shall not exceed the:applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (If additional space is needed~ attach page~ the same size ns this sheet~ and n,tmber each.) (1) b) Nothing in this A, ,,Cie shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming non- residential building with a nonconforming use or constructi°n of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure, does not result in an increase in the overall building footprint(s) of more than thirty (30%) per cent, except that said increase shall not exceed the applicable m~imum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: i) Substantial enhancement of the overall site landscaping and/or natural vegetation; ii) Employmeht of best visual practices by upgrades to exi'~ting building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. 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. (la) (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 ..............._1_§ .................. of 19_9_9_._ of the (~m~J-~.t~(~i~vX(Town)(~iffa~/~ of ............... Southo d w-- -'-' ..... ,~*meo,,.eg,u,~ve,,~y, ..... ,ii.i.- ......................................... as uuty passea oy me -;.; .... .............. 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 Cm..e ............................................... ofLes/.aave ~yl on .................. 19 --- , and was (approved)(not approved)(repassed after disapproval) by the and w~ deemed duly adopted on .................. 195L_ (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as focal'law No .................................... of 19 ...... ' of the (County)(City)Crown)(Village) of ................................................................. was duly passed by the .......................................... : ........ on .................. 19 ...., and was (approved)(not approved)(repassed after (~Vame of Legislative Body) disapproval) by the ................................................. on ................... 19 .....Such local law was submitted (Elective Chi~.g Executive 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 certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (Connty)(City){Town)(Village) of ................................................................. was duly.passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name o~ Leglglallve Bo~y) disapproval) by thc .................................................. on .................. 19 --- Such local law was subject to (E&m~ve Ch~e! Er, ec~h,e O.~er') permissive referendum and no valid petition requesting such referendum was filed as of .................. 19--.-, in accordance with the ~pplicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected On a county- wide basis Or, if there be none, the chairperson ofthe county ~legisintive body, the mayor ora city or village, or the supervisor of a town Where such officer is vested with the:power to approve or veto local laws or ordinam (2) 5. (City local law concerning C_~,l~er 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 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.) 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 auth6rized 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 ad6pted in the manner in- dicated in paragraph ...... 1 ..... , above. Clerkof t~ounty leg~'latlv¢ body, City,/rown or Villa~ Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATI~ OF ~ YORK~ .... coum~ oF SUFFOLK I, the undersigned, hereby certify that the foregoing local law es;mt/a~ the correct text and that all proper proceedings have been had or taken for the enactment of the local law an~ hereto. sls~tu~'~~ ...... Gregory F. Yakaboski: Esq.: Town Attnrnp~/ Title X::g~< of Town Southold (3) STATE Of NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I-O00 I ALEXANDER F. TRIEADWELL SecRETARY OF STATE November 10, 1999 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 16, 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 H'I-rP://W~NW. DOS. STATE. NY. U $ · E-MAIL: INFO@DOS,STATE.NY.US 0CT-12-199~ 16:2~ OCT .I 2 Soulhold Town ~ DEPARTMENT OF PLANNING SC PLANNING DEP'T COUt, ' OF SUFFOLK ROJaERT d. G, AFFNL'Y SUFFOLK COUN~ EXEcLmvE October 4, 1999 P. 02 3TEPHEN .M. JONES, A:I.C.P. DIRECTOR OF PLANNING Town Clerk Town. of Southold' Applicant: Zoning Action: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendment'to Sections 100-13, 70. 7I, 72. 80, Iti, 82, 83and 243 of the Town Zoning Code; 10/12/99 8D-99-7 Pursuant to the requirements of Sections A 14-14 m 23 of the Suffolk County Admimstrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to 1:~ a matter for local determination, as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours. Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Plarmer GGN.:cc cc: Town Attorney G'tC C H O R~NIIdGt, ZONI NCAVVOP. KINC-AI, D$~OC'P, SDgg-7. ocr =' DENNISON BLDG. · ~ FLOOR · ~iLR,N~$ M£MORI~L HIGHWAY MAP lNG ADDRESS ia. O. GOXGIOO TOTAL P.02 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECOHDS MANAGEMENT oFFICER FREEDOM OF INFOI~MATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED New York State Department of State. State Records and Law Bureau u, 1 State Street Albany, New York 12231 Re: Local Law Numbers 13, 1~, 15, 16, ~, 17 of 1999 Town of Southold, Suffolk County Dear Sirs: Enclosed please find the above local laws suitable your office. Thank you. for filing in Very truly yours, 5outhold Town Clerk cc: Town Attorney Local Law No. -1999 Title: A Local Law to Amend Section 100-243 entitled "n0ncon- forming buildings with nonconform- ing uses" of the Zoning Code of the Town of Southold · Be it enacted 'by t-he Town Board' Of the Town of Southold:as follows: I. Chapter 100 entitled"Zoning" 8100-243. N6nconforming buil~i~ngs .with nonconforming uses is hereby amended as follows: · A. A ,nonconforming building containing a n0nc°n~f03ming use shall not be:en!arged~ re~nstructed or structurally 'altered or moved, except as set forth below, unless,the use of SUch building is changed to a conforming use. ~ 1 ) Non-residential uses: deemed able~ maximUm lot~ coverage. In additio~/:all Other'setbaek~'a~nd area reauirements'shall appl¥.~ b. ~tothing'::in this Art~cte ~hall ,be deemed tomrevent the remodelina. ' reconstructi-ol~ or. enlargement of~a nonconforming or conforming non- residential building with ~ nomTon- forming use or construction of :an addifi~ to existing buildin~,is~ or addifionhl building ~)n the _vr~,mlses, so lont assaid increase in size of the · building(S) Created by enlargement of the-existint-buildin~s or struc- tures or by ~the-construc[iori. Of.~ new and separate buildin~ ,or struc- ture. does not result in an inCrease in the overall building foot-. O print{i?Of mo~e than thirty_ (30 per cent. except-that said increase shall not exceed the avvlicabl~ max- ' imum tot' coverage. -a-nd all: otber setback and area reauirements shall aoolv, vrovided 'that the followin~ s~t~ ~er~ediati0n meaSures, in full in part. as shall be determined by the Planning Board within its s01e discietion, are included ~s, m~ essen-~ tial element,of the aforesaid e/pan- i~ Substantial enhancement of the overall site landscaping and/or nat- ural vegetation: ii~ Em_~i0_vment ~fSbest visual prac- tices by un~rades ~o ex~tin- build- ing fa~ad~and/o3 de~i~n- %f oew buildings' and/6r the ac~ditions to existing buildings which accurately or :mo~e: acc~elv deoict, the his~ toric and/or eXisti/~g ru3al character of the immediate and nearby nei~hborhood(s~ -B: ~ .nonc0nf0miing ~uilding con- taining a nonconform/ag use which has been damaged.by fire or other · canses to-the 'extent of more than fifty' Percent (50%)of its fair value shall not be r~palred Or rebuilt un_ less the use of such: building js . changed to a conforming use. :CopieS.of this. Local Law are available iff the Office of,'the Town- Clerk toany interested persons dur- ;!, ' ing reguiar business .hours, Any ~ :person desiring tO be heard on, the STATE OF NEW YORK) )SS: COUNTY OF Slr~, FOLK) ~'-~OdX f-, ~ ~' ~ ~'\-~ of Mat~mck, ~ s~d co--W, berg d~y sworn, says ~at he/she is ~cip~ clerk of T~ S~FOLK TI~S, a wee~y newspaper, pub~shed at Matatuck, ~ ~e To~ of Sou~old, Co~W of S~fo~ ~d State of New York, ~d ~at ~e Noace of w~ch ~e ~ed is a prated copy, has been re~- l~ly pub~shed ~ s~d Newspaper once each week for k weeks successively, the ~O+~ day commencing on of ~~~ 19 q~ .~ ~cip~ Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE. Town Clerk of the Town of Southold. New York being duly sworn, says that on the 1st day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, ir~ a proper and substantial manner, in a most public place in the Town of- Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southoid Town Hail, 53095 Main Road, Southoid, New York. Legal NO,rice - Notice~of Public Hearing on Local Law to Amend Section 100-2q3 of the Zoning Code of the Town of Southold by Amending the Definition of Nonconforming Buildings with Nonconforming Uses". Southoid Town Clerk Sworn to before me this 1st day of October, 199~. ~ Notary/ a restaurant. I don't believe that is at all possible. There again, I think you are giving people the illusion that you are giving them something that they can never obtain. Thank you. SUPERVISOR COCHRAN: Thank you, George. Anyone else like to address the Town Board on the residential office changes? If not, we will close the hearing and we will move on to the next hearing. This hearing on Residential Office District was closed at 9:37 P.M. 8:10 P.M. PUBLIC HEARING ON A LOCAL LAW TO AMEND SECTION 100-13 OF THE ZONING CODE OF THE TOWN OF SOUTHOLD BY ADDING A DEFINITION FOR PRIVATE WAREHOUSING & PUBLIC WAREHOUSING. SUPERVISOR COCHRAN: I will call this hearing to order at 9:37 P.M. and Justice Louisa Evans will read the legal notice. JUSTICE EVANS: (Read the Legal Notice of Hearing) I have an affidavit ~hat it was posted on the Town Clerk's Bulletin Board and published in the Suffolk Times, the official newspaper, correspondence from the Suffolk County Planning Commission stating that it is a matter for local determination, letter from the Southold Town Planning Board. SUPERVISOR COCHRAN: You have heard the reading of the local law to amend section 100-13 of the zoning code by adding a definition of public warehousing and public warehousing. Would anyone like to address the Town Board on the definition? If not, I will close the hearing. This hearing was closed at 9:42 P.M. 8:15 P.M. PUBLIC HEARING ON LOCAL LAW ENTITLED "A LOCAL LAW TO AMEND SECTION 100-243 ENTITLED "NONCONFORMING BUILDINGS WITH NONCONFORMING USES" OF THE ZONING CODE OF THE TOWN OF SOUTHOLD. SUPERVISOR COCHRAN: I will call this hearing to order at 9:40 P.M. and the legal notice will be read by Councilman Moore. COUNCILMAN MOORE: (Read the Legal Notice of Hearing.) There is an affidavit of posting on the Town Clerk's Bulletin Board and also affidavit of publication in the Suffolk Times, the official newspaper, letter from the Suffolk County Planning Commission stating that it was a matter for local determination; letter from the Planning Board stating that their review raised some concerns: (1) The wording does not clear the 15%-30% expansion, enlargement, or new construction is a one time only event. We suggest that specific language be added to make this clear. Second, the Board feels strongly that it should be able to waive the elements of site plan for all expansions, not just those in he 16%-30% range. It was suggested that section Ala be dropped and Alb be rewritten to cover all expansions up to 30%. The Planning Board does not generally endorse encouraging the continuation uses in buildings. However, in the final analysis it supports this proposed legislation and includes the suggestions noted above for two reasons. One is the context within which it is being proposed: the proposed rezoning of business properties along CR 48. The other is the requirement that expansion of the nonconforming structure and use be compatible with the surround neighborhood and adequately buffered or landscaped. That is it for correspondence SUPERVISOR COCHRAN: You have heard the reading of this Local Law in relation to amending the definition of nonconforming building with nonconforming uses. is there anyone who would like to address the Town Board? As I said earlier all of the comments made in relation will be put into each of the hearings. Mr. Lizewski, Mr. Jenkins, then Mr. McCarthy... JOSEPH LIZEWSKI: In view of the fact that we are looking at a bunch of nonconforming lots, if this law gave somebody 15% above their building envelope, or 305 above their building envelope, it may be giving them something. But since, this law really only give them 15% of what they now have and not necessarily what they could be allowed before the change of zones. This law really is not much of a gift, 15% only one time certainly does not allow more growth for business that was in existence before the zone ever changed to make it nonconforming. 15% may not be a lot, 30% of a new building certainly would not be a lot. The real problem that I have with this though, is that I really feel that this is all being done not to give anyone 15% or 30%, but to change the position again of power to the Planning Board from the Zoning Board of Appeals which had discretion before this. Even, though you want to say that this is "one stop shopping" so to speak, again, the Planning Board, it says here the Planning Board should determine, within its sole discretion. Of course, when you throw in all these little trinkets, like employment of best visual practices by upgrades to existing building facades and/or design of new buildings, anybody who deals with the Planning Board knows what that means. I mean anybody here who has ever dealt with the Planning Board knows that thats like a forever after. It could take two or three years to get through. So, I don't think that this hear should really be looked upon by anyone in this audience as a real gift because 15% of what you now have is nothing. If they gave you 15% above what your building envelope was, you may be getting a little something because you did not have that before. But 155 of what you now have and if it is less than what the building envelope is, it's not much of a gift, and neither is the 30%. So, i think that this particular law is going to be very onerous next to the site plan law which was passed in 1995. I think this law when adopted and taken on by the Planning Board is glng to become one nail in small businesses coffin in this town. SUPERVISOR COCHRAN: Thank you, Mr. Lizewski. Bob Jenkins... ROBERT JENKINS: Mr. Moore, if you could slowly repeat the comments from the Planning Board regarding their remarks with passing the law in conjunction with changing the zones on Route 48? COUNCILMAN MOORE: The Planning Board generally does not endorse encouraging continuation of nonconforming use in buildings. However, in the final analysis it supports this proposed legislation with suggested amendments noted above for two reasons: One is the context within which it is being proposed, the proposed rezoning of this property is along County Route The other is the requirement that expansion of a nonconforming structure and use be compatible with the surrounding neighborhood and adequately buffered with landscaping. MR. JENKINS: Thank you. THOMAS McCARTHY: A quick question for a clarification on the expansion of a nonconforming. If I understand what you said Bill, you can expand up to 15% or 30%, but as long as that expansion complies with the setback. Is that with the existing setback it may be nonconforming, or the setback is allowed within the zone? Can you continue if your building is 10 ft. off the property line and you want to increase you building size by 30% as allowed under the Planning. code and you have a nonconforming sideyard setback, let's say of 10 ft. and the zone in which you are located calls for 35 feet. Are you allowed to continue that 10 feet? Is the code specific that way? COUNCILMAN MOORE: No, and it could be because there are other Towns that have a very specific clause that say if you have an existing nonconforming setback you can continue that along so it makes it real clear. You could add that. MR. McCARTHY: I don't think your code as read this evening says that which will create a lot of hardship for people along an existing nonconforming setback because if they have a nonconforming building on a nonconforming lots that setback is going to be very important to them, instead of building 10 foot off and then having to go 35 feet off the property line in order to add on COUNCILMAN MOORE: Good observation. SUPERVISOR COCHRAN: Good. Thank you. Yes. Ma'am.. BARBARA SZCZOTKA, SOUTHOLD: I just have the concern here, I don't know if it has anything to do with the changes or not. But, in regard to the, should there be a fire, God forbid that anyone should have a fire in their business. In one of the workshops where you spoke about that and you addressed the fact that, would you allow them to rebuild the whole business or only 50% of the business. You are creating a hardship with the fact that, with any property if they were nonconforming, would they have to conform? to that particular issue, or not? SUPERVISOR COCHRAN: Greg, do you want to share what the code presently says in regard in relation to burning more than 50%? MRS. SZCZOTKA: Say it in english, Greg. SUPERVISOR COCHRAN: In english. He will. COUNCILWOMAN HUSSIE: That's part of the present code, the discussion that if damaged by fire, or other causes, more than 50%, you can't rebuild it. We had a note that we were going to address it. We didn't address it in this code change and we probably really should have. MRS. SZCZOTKA: The fact that you are nonconforming, are you to force them to be conforming, such as moving the foundation back... COUNCILWOMAN HUSSIE: questions.. That's part of the discussion, that was one of the COUNCILMAN ROMANELLI: work session. I think we beat that around for a long time in that MRS. SZCZOTKA: I really would like you to address that a little further because God that should happen, it really would be a very bid hardship for someone to have to move a foundation and reconstruct again and to be conforming... SUPERVISOR COCHRAN: Anyone else wish to address the Town Board with regard to nonconforming buildings and nonconforming uses? I'll take Mr. Scalia over here. ROBERT SCALIA: I just have one comment on this (b) concept of the Planning Board and I'd like to know how, if the Town Board has incorporated it. The concept that if a business wants to expand under this, they can only do it one time. What if a business is successful over a period of years and they want to expand more than once within this framework of the 15% or 30%? Are you adopting this concept of one time only. COUNCILWOMAN HUSSIE: So, far the comments by the Planning Board have not necessarily incorporated them in and we haven't even discussed it. So, ~ don't know if you can reach a consensus. SUPERVISOR COCHRAN: That's a good point. COUNCILWOMAN HUSSIE: I have a point and that is that it should not be restricted to the number of times but certainly might be constricted into how it fits into the property. MR. SCALIA: Thank you. SUPERVISOR COCHRAN: Mr. Dinizio, Jim... JAMES DINIZIO: Again, I alluded to this before, but this whole law really could be taken care of by the Building Department. 15% is really 15% and no one really needs to look at that, it's a measurement. The measurement is on the plan and the plan is submitted to the Building Inspector because that's where is has to go in the first place. And if you have given him the guidelines, there is no reasons he can't follow those guidelines. They do that job very well. COUNCILMAN ROMANELLI: Jim, I think that's a good comment. COUNCILMAN MURPHY: As it reads now, Jim, under the 15% rule, you don't have to go to the Planning Board. MR. DINIZIO: Well, I think all of these are under site plan, I am looking particularly at the 30%. Again, the Building Inspector, that's his job, he is supposed to determine, you know, whether an application meets the code. And if it doesn't meet the code, then he denies it, and you have the right to get relief, that's the ZBA. Here it looks as though you are describing that he is going to deny it and it is going to go to the Planning Board. Then they are 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. Basically, what we have done in that case is lower the nonconforming standard. Another part of this law that I have a little trouble with is, can you define for me substantial? Can you define visual practices? You managed to do it with warehouses tonight. What's substantial? and who makes that determination? who has that power? Visual practices? Who is the arbiter of good taste here? Is that a Board? Again, I think it needs some more work and I confer, I strongly object to the Planning Board's comments here. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board 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: tonight. 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%, ! 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. SUPERVISOR COCHRAN: Right now, it says you can't rebuild. should look at it, so that it does allow rebuilding. I think we MR. FOSTER: It certainly should be because any of these zones that you are changing that 'place people in a nonconforming situation automatically are burdened with the same problem. SUPERVISOR COCHRAN: changed. No, presently now, you couldn't rebuild, it should be IVlR. FOSTER: No, if they had a problem with fire prior to this, they could build. But when you put them into an nonconforming use, you are also throwing this at them. COUNCILWOMAN HUSSIE: This is a situation that not only applies to this nonconforming use situation, it also applies to properties on the bluff on the sound. So, it is not only in this part of the code, it is something that is widespread. MR. FOSTER: So, that will be addressed before you come to a final vote on it? It will be defined? COUNCILMAN ROMANELLI: I would also want it. MR. FOSTER: It will be redefined and then also presented to the public again? COUNCILWOMAN HUSSIE: Yes, it would have to be. SUPERVISOR COCHRAN: Yes, you have to have a hearing on it. wish to address the Town Board? Mr. Penny... Anyone else GEORGE L. PENNY IV: Since 1989, the nonconforming section of the code has stood and there is a reason why it stood, because the Town Board in 1989 when it passed the Master Plan made most of the businesses conforming. We developed the zones to accommodate businesses, not the opposite. We didn't develop zones to make businesses nonconforming. One of the greatest areas where we spent the most of our time on was he LB zones and other zones on County Route 48. That was probably the hardest, because the LB zone and County Route 48 as it was originally designated back around 1985 and what it wound up with in 1989 were a little bit different. Why? because we made conforming uses of the businesses that already existed there. So, when you say that there has been very little...that this already existed in the law and that this is the way it is and..it is onerous now, it is now onerous because it does not apply to us. But, what you are giving us and what you are intending to take away to take away from us and give back this 15% or 30% is totally unacceptable. I have never heard the words from an attorney regarding going to a closing, and from any attorney, outside of the two attorneys that seem to be sitting on the Town Board that ever thought that nonconforming was the .way to go. Or would reCommend that their clients close on a business or a piece of property, unless they were absolutely certain that they wanted it know what the nonconforming meant. So, when you say maybe people just don't understand what it is we are giving them..-..I think we do and I think the word is that we don't want it. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? If not, I'll close this hearing and we will move on to the legal notice for a zone change. This hearing was closed at 10:05 P.M.