HomeMy WebLinkAboutTB-11/29/1994240
SOUTHOLD TOWN BOARD
NOVEMBER 29, 1994
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd~
9:05 A.M. Planning & Zoning issues: The Town Board reviewed the proposed Local
Law for Bed & Breakfast Facilities, and agreed that (1) they would not distinguish
between major and minor; (2) all B&B's would go to the ZBA for a special exception
regardless of the number of rooms (3 or less); (3) the criteria in the current
proposal would be included, as well as a requirement for a building permit from the
Building Department, and an annual renewal permit issued by the Town Clerk. The
question of using the words "Bed & Breakfast" on a sign on the property was
considered: Yes: Supervisor Wickham, Councilmen Townsend & Lizewski,
Councilwoman Oliva. No: Councilwoman Hussie, Justice Evans. The proposed Local
Law will be revised and resubmitted to the Town Board on the 13th of December for
consideration.---The proposed Local Law on Signs was discussed. A hearing was
held on November 15th. With minor changes the law was put on the agenda (no.
26) for enactment.---The proposed Local Law on Lighting was discussed. There
are still questions on height and glare. This will be resubmitted to the Board on
December 13th for consideration.
10:30 A.M. - Solid Waste issues: Solid Waste Coordinator James Bunchuck met with
the Board at this time, and the DEC comments on the Town of Southold Draft Solid
Waste Management Plan were reviewed item by item. Tasks to prepare responses
were assigned'"to Mr. Bunchuck, Town Attorney Dowd, and the Solid Waste Task
Force.----Solid Waste Coordinator Bunchuck advised the Board that the Town of
Huntington will be holding an auction on December 1st, and the trommel screen
which the Town recently leased will be auctioned. After conferring with
Superintendent of Highways Jacobs they agreed that if the Town intends to produce
a marketable compost product, it would be necessary to have it screened, and if
a trommel screen could be acquired at a reasonable price, it would be in the Town's
interest, although Mr. Jacobs is not familiar with the Huntington m.achine. Later
in the day Mr. Bunchuck spoke with Huntington and they expect the-screener to
sell for at least $50,000. Mr. Bunchuck was authorized to attend and'to bid up
to $50,000. (On December 1st Mr. Bunchuck attended the auction, and the machine
went to Ramco Co. of Center Moriches for $50,000. He is certain Ramco would have
continued to bid even if Mr. Bunchuck had been able to go higher.)
11:35 A.M. Personnel issues: Senior Accountant John Cushman, and Personnel
Assistant Barbar~a Rudder joined the Board for the following discussions: In the
1995 Budget the position of Assistant Director of Human Services was abolished.
The position is held by Marie Helinski, who would be willing to retire on February
28, 1995. The Board could keep Mrs. Helinski on until that date by modifying the
1995 Budget after the first of the year. They agreed to honor the request,
provided she submits a letter of intent.----An Ordinance Inspector list has been
requested and received and former Ordinance Inspector Vincent Wieczorek is on a
a preferred list. An interview will be arranged. ----The position of Exempt
Secretary to the Town Attorney, held by Ruthanne Woodhult, will be abolished and
a transfer from her former position of Senior StenograPher with BOCES will take
place (resolutions 20-23), although Councilman Lizewski stated he would like to go
through the civil service procedure and call for a list of eligibles.----Town Board
agreed to the appointment of Phyllis Atkinson to the Board of Assessment Review
241
(resolution no. 26).----Agreed to advertise for resumes for the expiring positions
on the Board of Appeals and Planning Board (resolution no. 28).----Appointed three
applicants to the Cablevision Advisory Committee (resolution no. 29).
EXECUTIVE SESSION
12:05 P.M. - On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman
Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry~
Town Attorney Dowd, Senior Accountant Cushman, Personnel Assistant Rudder.----
The Town Board discussed personnel matters.
12:15 P.M. - Recess for lunch.
1:30 P.M. - Work Session reconvened. Finance issues: Discussion was held on
establishing criteria for not-for-profit organizations for receiving donations from the
Town. The discussion at the November 15th work session was recapped by
Supervisor Wickham: (A) Mandatory: need, annual financial statements, maximum
dollar per agency, count of attendees for different programs offered. (B)
Prioritizing: need in support of Town's objects (no other available revenue sources)~
limit on number of years in which an organization will be funded. It was agreed
Supervisor Wickham would further define the criteria for the December 13th work
session, and each Board member will write a proposal on how the program will
work.----Reviewed the proposal of Val Stype & Sons, Inc. Insurance Agency, the
Town's Insurance Broker, for providing insurance coverage for 1995 (resolution no.
30).----Concerning the establishment of minimum fees for Code Enforcement,
Supervisor Wickham will ask the Town Justices to make recommendations.
2:15 - The Town Board discussed the agreement between the Towns of Southampton,
East Hampton, Riverhead, Southold, and Shelter Island, and Entek Research, Inc.
to provide consulting services to perform a preliminary feasibility study of the
· Towns acquiring the transmission and distribution system of the Long Island Lighting
Company and the establishment of a community-owned utility known as a municipal
electric utility. The Board agreed Supervisor Wickham should execute the agreement
provided all the other Towns have agreed to sign .----Request from Electrical
Inspectors, Inc. for designation as electrical inspectors for the Town was
considered. Currently the Town has two designated private corporations to provide
inspection services, and decided that that is sufficient for a Town of this size.----
Reviewed a request from Director of Human Services Venetia McKeighan to
disco, ntinue the After School Latch Key Program due to the small number of families
who are utilizing it (see resolution no. 31).----Memorandum from the Town Clerk
providing buy,out information on the blood ~pressure monitoring machine located in
Town Hall (resolution no. 32).
EXECUTIVE SESSION
3:00 P.M. - On motion of Councilman Townsend, seconded by Justice Evans, it was
Resolved that. 'the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Wickham, Councilman Lizewski~ Councilwoman Huss!e,'.Counciman
Townsend, Councilwoman Oliva, Justice Evans. Also present Town C!erk Terry,
Town Attorney Dowd. The Town Board discussed contract negotiations on the North
Fork Animal Welfare League contract and negotiations on the Fort Corchaug
property.
3:45 P.M. - Work Session adjourned.
242
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
November 29, 1994, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
-Councilwoman Alice J. Hussie
Councilman Joseph L. Town~end, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $40,278.30; General Fund Part Town
bills in the amount of $575,075.07; Nutrition Fund bills in the amount of
$1,855.55; SNAP Program bills in the amount of $641.29; Highway Fund
Whole Town bills in the amount of $31,441.64; Highway Fund Part Town bills
in the amount of $40,005.40; Lighting/Heating Capital A/C bills in the
amount of $515.86; Sweeper & Payloader Capital bills in the amount of
$605.28; Employee Health Benefit Plan bills in the amount of $61,282.23;
Fishers Island Ferry District bills in the amount of $25,L~02.02; Southold
Shores Road Improvement District bills in the amount of $85.99; Shorecrest
at Arshamomaque bills in the amount of $171.95; Refuse and Garbage District
bills in the amount of $11,531.96; Southold Wastewater District bills in
the amount of $29,720.59; Fishers Island Ferry District Agency & Trust bills
in the amount of $691.09.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the minutes of the November '15, 1994, Town
meeting be and hereby approved.
Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wickham.
This resolution was duty ADOPTED.
BOard
Councilwoman Oliva,
Councilman Lizewski,
Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the November 16, 1994, Special Town Board
meeting be and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it~was
RESOLVED that the next regular meeting of the Southold Town Board will
be held at 7:30 P.M., Tuesday December 13, 1994, at the Southold Town
Hall, Southold, New York.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
I. REPORTS.
1994
1. Southold Town Supervisor's Monthly Budget Report for October,
2. Southold Town Dog Shelter's Monthly Report for August, 1994.
243
il. PUBLIC NOTICES. None.
III. COMMUNICATIONS. None.
IV PUBLIC HEARINGS.
1. 5:00 P.M., on a proposed "Local Law in Relation to Wineries".
2. 5:05 P.M., on a proposed "Local Law in Relation to County Route
V. RESOLUTIONS.
(Due to the malfunctiOn of the tape recorder, the remarks of Phil Van
Bourgondien and F.M. Flynn prior to the resolutions, are not on record.)
1 .-Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 199u~ Budget modification to the Ceneral Fund Part Town to
transfer donated fund for D.A.R.E. items:
To:
Revenues:
B2705 Cifts & Donations $ 190.00
Appropriations:
B3157.u~ Juvenile Aide Bureau, Contractual Expenses $ 190.00
1.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Town send, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board on this date, a
Local Law entitled, "A Local Law in Relation to Stop Signs"; now, therefore,
be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, December
13, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on the aforesaid Local Law, which reads as
follows:
A Local Law in Relation to Stop Signs.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles ~, Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Article i11, Section 92-30 (Stop intersections with stop signs)
is hereby amended by adding the following:
Direction Location
Stop Signs on of Travel At Intersection with (hamlet)
Spur Road East Highland Road Cutchogue
Crown Land Lane East Highland Road Cutchogue
I1. This Local Law shall take effect upon its filing with the Secretary of
State.
2~.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3. -Moved by Councilman Townsend, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town BoaPd of the Town of Southold hereby accepts the
bid of Cabrielli Ford Truck Sales & Services, Inc., Medford, N.Y., in
the amount of $[tl,950.00, for one (1) used 199L[ Ford LN8000 Dump Truck,
all in accordance with the bid specifications.
3.-Vote of the Town Board: Ayes: Justice Evans, CounCilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute a lease agreement
between Rothman's Department Store and the Town of Southold for the
lease of their parking lot located on the southerly side of Traveler Street,
Southold, for a term of two (2) years to commence on June 1, 1994 and end
on the 31st day of May, 1996, for an annual rent of $125.00.
4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Conservation Advisory Council member Betty Wells, and Senior
Planner Valerie Scopaz to attend a conference entitled, "The Public Trust
Doctrine on Long Island, Public and Private Rights in Coastal Areas", on
Thursday, December 15, 1994, at MacArthur Airport, Ronkonkoma, N.Y.,
and the $40.00 registration fee per person, which includes luncheon and
materials, and travel by Town vehicle, shall be a legal charge to the
Conservation Advisory Council and Planning Board 199~ Budgets.
5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.- Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
New York State Department of State and the Town of Southold for a $25,000
grant for the development of a Town of Southold Harbor Management Plan
under the Local Waterfront Revitalization Project; all in accordance with
the approval of the Town Attorney.
6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
7.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
New York State Department of State and the Town of Southold for a $25,000
grant for the development of a final draft Local Erosion Management Program
under the Local Waterfront Revitalization Project; all in accordance with
the approval of the Town Attorney.
7.- Vote of .~.the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was. duly ADOPTED.
8.- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
Section 48-2.C(4) of Chapter 48, Garbage~ Rubbish and Refuse, of the Code
of the Town .of Southold, hereby sets the following prices for 'the sale of
the new Mini Town Garbage Bag, which is 22"x24", .06 mils,' 10 microns -
$.50, and $.[~5 wholesale to the retailers who will be reselling the bags.
8.- Vote of the TOwn Board: Ayes: Justice' Evans, Councilwoman Oliva,
Councilman ToWnsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9,-
Moved by Supervisor Wickham, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 29th day of November, 1994, a Local law entitled, "A
Local Law in Relation to Tipping Fee"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, December
13, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Tipping Fee
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
NOVEMBER 29, 1994
245
!. Chapter 1~8 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended to read as follows:
1. Section 48-/4.B. is hereby deleted, and a new Section 48-4. B.
is hereby enacted:
B. Effecti*ce Oct~3er 9, T993,-~ ~on to the ~s
estabHs~ ~ ~ ~ this c~, ¢~ ~$ be a-fee-
e~ ~rc~ and ~v~-~s c~n~s ~3~ pe~ pou~ en ~s
~e~a~ ~ ~ng~
B. In addition to the ~ees established in ~8-~A of this
chapter, there shall be a ~ee as prescribed by resolution
of the SoUthold Town Board, on loads containing the
~ollowing:
II. This Local Law shall take effect upon its filing with the Secretary o~
State.
* Underscore represents additions.
** Overstrike represents deletions.
9.-Vote o~ the Town Board: Ayes: Justice Evans~ Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following budget modification to the General fund Whole Town 1994
Budget to appropriate Fishers Island Conservancy's donation for overdrawn
expenditure line for Fishers Island Mosquito Program:
Revenues:
A2705 Gifts & Donations $ 233.00
Appropriations:
A4010.1 Pubic Health, Personal Services $ 233.00
10.-Vote of the TOWn Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .-Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for a Clerk for the
1994-1995 Tax Collection season for the office of the Tax Receiver, at a
salary of $6.35 per hour.
~l.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman TOwnsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham,
This resolution was duly ADOPTED.
12.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to DePuty Town Clerk Elizabeth A. Neville to attend a
Documentary Heritage Program Grants Application Workshop on Thursday,
December 1, 1994, from 10:00 A.M. to 4:00 P.M., at SUNY Farmingdale,
and the necessary expense for lunch and transportation shall be a legal
charge to the Town Clerk's 1994 Budget.
12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor .Wickham.
This resolution was duly ADOPTED.
13~-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of S.outhold hereby authorizes
Lawrence Healthcare Administrative Services, Inc. to pay the Eastern Long
Island Hospital, North Fork Radiology P.C., and Lawrence Walser, M.D.,
for medical care of retiree Edna: Brown, which claims were received by
Lawrence Healthcare more than 90 days after the date of service.
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
14.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Stephanie Graseck as a seasonal part-time Clerk Typist in the Assessor's
Office, effective December 19, 1994 through January 13, 1995, at a salary of
$6.50 per hour.
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.-Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 6th day of September, 1994, a Local Law entitled, "A Local Law in
Relation to Signs"; and
WHEREAS, this Local Law was referred to the Southold Town Planning Board
and Suffolk County Department of Planning for their recommendations and
reports; and
WHEREAS, the Town Board held a public hearing on this Local Law on the
15th day of November, 1994, at which time all interested persons were
given an opportunity to be heard; now, therefore be it
RESOLVED that the Town Board hereby enacts Local Law No. 25 1994,
which reads as follows:
LOCAL LAW NO. 25 - 1994
A Local Law in Relation to Signs
-BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southotd is hereby
amended as follows:
INTENT - This ordinance is intended to organize and simplify the existing
sign code to limit sign lighting and size, and to permit roof signs,
directional signs, contractor signs and subdivision signs. This ordi-
nance is adopted pursuant to the Town's police power.
Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
OFF-PREMISE SIGN - Any sign that identifies, advertises or calls
attention to a business or activity taking place on property other
than the premises on which the sign is located.
2. Section 100-13 (Definitions) is hereby amended to read as follows:
SIGN AREA - Includes all faces of a sign, measured as follows:
(i)
When such sign ~s on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or out-
line shall be included.
When such sign consists only of letters, designs or figures
~ngraved, painted, projected or in any manner affixed on a
wail, the total area of such sign shall be deemed the area--
within ~.:hich all cf the matter ef v:hich such sign consists may
be inscribed, that encompasses all the letter and symbols of
the sign, together with the ares of any background of a color
or material different from the general finish of the building,
whether painted or applied.
3. Section 100-31A(2)(a)(2) is hereby deleted in its entirety.
signs -h=~ ~ ~ +~ provisicns ~ Section 100
Section 100-31C(2)(h) is hereby deleted in its entirety.
5. Sections 100-31C(2)(i) and (j) are hereby re-lettered (h) and (i) .
6. Section 100-31C(9) is hereby deleted in its entirety.
mm~ fc!!c;-:ing signs ~'"~'~+ +~ +~ ...... ~ .... ~ .... ' regu!z
tiens hereinafter set forth in Artic!c XX:
en!] ........ prefc~siona! sight ~=;~ on!', ....... ~
prefsssiena! designation ac defined under "hems profoz
=;~ o ~ ...... ~ fcrth in ~h~= chapter; cash ....
square feet in mrez.-
NOVEMBER 29, 199. 2 4 7
10.
11.
Not moro than two (2)c_=.._;~ with a cernm~ ........ totz! area of.
ne~- moro than forty-eight (48) o=~are foot, ne one of
v:hich shall be larger than twenty-four (24) s~umro foo~ mn
products ...... ~ .... ~ ~°~ ~ ~ garden ~ nursery
grown on thc premises or of animals raised on thu
,(c)
One (!) real estate sign, ........... ~ ~-~-- or double-faces,
no~ !argor th_.. two!ye (~) square ~ ~ "~ on any one
.(~) ~ more lots, a~"~ *~ ~ ca!e cr 3~ of only
the premisce on which it ic maintained an~ cot bzck no%
less %h~n fifteen (!5) feet from any lot line. Where
........... o ........ uc fr ..... =- of five
hundred~_~_~[~ .... ¢~ or more, chid sign -~=~ ..... not exceed
%wcnuy-four (24) square fcct in size.
,-, ~..- (1) ..................... or identifi
cation sign for ,aces permitted in Section !00-3!E(3), (4),
~ (6) ~o~ ~ ,o~ ~ the ..gr ........ 1 no%
~-'' ' ~, .... ~-, ~- ~ ~'~ .... Deistrict,
mere than eighteen ~ "~"=~ ~ ~ area,
less than ~4~w~ f~ ~ ~ any ~+~ or lot
~'~ other ~ mai, ~
tien by tho ~=~ ~ ~ .... ~ =~ h~=~*~ provided.
Section 100-31C(10) is hereby renumbered 100-31C(9).
Section 100-42(C)(1) is hereby amended =o read as follows:
(1) Accessory uses as set forth in and regulated by Section 100-
31C(1) through (7) and (10) (9) of the Agreicultural-Conserva-
tion District, and subject to conditions set forth in Section
100-33 thereof.
Section 100-42(C)(2) is hereby deleted in its entirety.
{2) Freestanding or ground signs, subject to the fc!!c:-:ing require
men~$: One (!) sign, either single- er do~b!e-faced, not
mere than eighteen ~ ....... feet ~ ....... ~ tho ...... edge
ground unless attached tez fence cr wa!!. Such sign shall'
indicate only the nam~ ~¢ +~ ..... ~-o~ u,,~ sign -~ bo cot
!ines~ Such skgn shall cemD!y with =~ ~ +h ...... ~ .... . ....
~ .... g'~=~ ..... ~ forth in Article XX.
Section 100-42(C)(3) is hereby renumbered 100-42(C)(2).
Section 100-61(C)(2) is hereby deleted in its entirety.
(2) Signs ac regulated bi, Section !00-3!C(9) of the Agricu!tur~l
........ =ts__ ........ n~-4~.+., and, in the case ~__ _~ hotel, metal,
..... ~ tourist .... countr, y club, beach club, ¢...4~ club or
ere~ of m__=~n ...... (1~%_~, s~aare .... ~e m~I, be p~4_ .............. ~d :e +~ on
* ..... cot ~=~- = ~,,~ ~ ~ 15) ~ ~ ctroo%
....... , .............................. ( feet~
1 ins. -
12. Sections 100-61C(3) and (4) are hereby renumbered (2) and (4) con-
secutively.
!3. section 100-71(c)(2) is hereby deleted in its entirety.
(2) The following ~
u_=.._, subject to tho ..... ~ .... + ..... ~ regula
~ forth in Article XX:
t ..... set --~ ........... ~ -~"
sign net mcrc thln t;-;c (2) cqu~rc foot in ~rca~
the ~rcmzsos cn which it iu m~'intaincd ~nd cot back not
twenty'four,_,o~., square foot in size.
.... (~) bulletin beard or ether announcement er idcntifi
cation sign for 'aces permitted by Section !90-3!~(3), (4),
~ ~ (~), "~ .... ~ eighteen (!9) zTl~rc foot in
street or !ct line.
14.
15.
16.
Section 100-71(C)(3) is hereby renumbered 100-71(C)(2).
Section 100-81(C)(2) is herby deleted in its entirety.
(2) Signs, subject to tho fe!!ewing requirements:
tc
extend .more th~-n fifteen (15) feet above.tho ground, which
only tho bucincc~ conducted cn tho promises. A~ uccd in
the bu~inDs~ conducted in such building, prQvided that
such si~n docs net:
horizontal foot of ?_~ch wall.
(2) Exceed in width eno hundred percenu (100%) ef the
hcrizcnta! measurement ef such wall.
~ Excsed throe ~ ~ in height.
Section
100-91(C) (2) and (3) are hereby deleted in their entirety.
Szgns, zu set forth in Section n~_o~o~o~ ~ +h~ r ~4+od ="~;-
ness District.
Diroeticna! cr informations! signs, not sxcooding two ~2)
feet, '"~ ~ Planning =~=~ ~ +~ ~ .............
faci!itlte circu!~ticn throughout the districu_
17. Section 100-101(C)(2) and (3) are hereby deleted in their entirety.
18,
19,
20.
cf the limited SuE!noes District.
Freestanding cr ground signs. Whore tho building is set b ack
feet above tho ~rcund, un!ccc attached to a wa! !ct fence :nd
the upper c o ~ which shall not extend ..... o mere
(15) ~ =~ .... ~ ground -~ ~ ..... ~ ','m~m sign
Section 100-101(C) (4) is hereby renumbered 100-101[C) (2).
Section iO0-111(C)(2) is hereby deleted in its entirety.
(2) Szgns, __ set forth in and regu!atcd by Section
tho Limited Business District.
Section 100-121(C)(2) is hereby deleted in its entirety.
the Limited ~usinoss District.
21. Sections 100-i31(C)(2) and (3) are hereby deleted in their entirety.
Wall signs ac cot forth in and regulated by Section
(3) Freestanding ........ ,4 ~ ....... .~ ~+~ ;. =~ rcgu!ztod by
22. Sections 100-191(C)(4) through (11) hare hereby renumbered (2)
through (9) consecutively.
26.
27.
23. Sections 100-141(C)(2) and (3) are hereby deleted in their entirety.
8!C(2)(b) of tho limited m,,~; .... n~ri~ ~;+~ + ..... ;
mum cf thirty (30) s~uare feet in area.
Frecmtandin$ or ground signs as sot forth ~ =~ ac regulated
by Section ~m~-~m ~Fm .............. - ......
..... 1_,_) ~ +h~ ~ ..... ~ Bu~ines~ District.
24~ Section 100-141(C)(4) is hereby renumbered 100-141(C)(2).
25. Article XX (Signs), Section 100-201(B) is hereby amended to read as
follows:
Except as otherwise provided in this chapter, signs shall
no~ hereafter be erected, structurally altered, enlarged or
moved or reconstructed within the Town unless a permit ~s
obtained from the Building Inspector and payment of a required
fee per sign in accordance with the Town of Souuhold fee as
specified in Subsection F below.
(i)
The following two.(2) operations shall no~ be considered
as creating a new sign and, therefore, shall not require a
new sign permit:
(a) Replacing copy: the changing of the name, advertis-
ing or message on an approved sign. whick ic cpocifi
ca!!y declined for thc uco of rcp!aco~b!c copy.
(b) Maintenance: painting,· cleaning and other normal
maintenance and repair of a sign or a sign structure,
unless a structural change in configuration is made.
(c) Movement of a sign farther from the right of way,
provided it meets all provisions of the building cod~
(2) The
and Town Code and the BUilding Department is notified
in advance.
following signs shall be exempt from the permit re-
quirement, but are subject to the other requirements of
this code:
(a) Contractor signs;
Real estate signs;
{c) Holiday lights and signs which are
incidental and customary and comraonly
associated with any national, local or
religious holiday,not to be displayed for more
than sixty (60) days in one year.
(d) Informational/directional signs.
Nameplates.
Temporary interior signs
Window signs covering 10% or less of the
window area.
(h) Non-profit organization directory signs.
Section 100-201(D) is hereby amended to read as follows:
The Building Inspector shall review the proposed sign and ~an
approve, deny or condition a permit based on the provisions
of this code, with rezpect tca!! quantitative factoru. The
Planning Board may approve signs which differ from the
quantitative requirements set forth in this Article in the
site review process, provided that a finding is made that said
sign or signs conform to the general design principles outlined
in ~100-202 hereof, and provided further that no sign shall
violate the sign prohibitions and general restrictions listed
in ~100-203 herein.
Sections t00-201 (E) and (F) are hereby deleted in their entirety
and a new subsection (E) is hereby added to read as f'ollows:
E. ....... ~ .......... ~ ..... ~ or appro~a! ~.,~. ..... conditions by tho
28.
29.
~-Lanning ~ ~ -~ui!ding -~nspectcr ~ ~ ~ ..... a
permit in ~cccrdance with a!! ap~!icab!e reTairements.
E__. If the sign does not comply with the provisions of this code,
application for a variance may be made to the Zoning Board
of Appeals.
Section 100-202 (General design principles) is hereby amended to
read as follows:
Decisions cn review cf skgns by sign. applicants shall be guided
by the following general design principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
.C. Signs should be as close to the ground as possible, consistent
with required safety and legibility considerations.
A sign should have an appropriate size relationship to the
building upon which it is placed.
E. Whenever feasible, multiple signs should be combined into
one (1) sign to avoid clutter.
A sign should not impair the visual effectiveness of
neighboring signs.
G. Garish colors and materials should be avoided.
Signs which have dark background colors and light letters
are preferred in order to minimize the apparent size of
signs within the streetscape.
Generally, signs on the same building should be within the
same horizontal band and be of a similar height.
Jo
Except in carefully designed circumstances, signs should be
integrated with fences, walls or buildings and not be
freestanding.
Sign material should be durable, requiring little
maintenance; use of material such as corrugated plastic,
natural aluminum, bulbous plastic letters, nontextured
plastic and glass tile should be avoided.
Section 100-203 (Prohibitions and general restrictions) is hereby
amended Eo read as follows:
Unless otherwise provided herein, nonaccessory slgns,
billboards, off premise signs and mobile signs shall be
prohibited in all districts.
B°
Flashing signs, including any'sign or a~traction device
on which the artificial light is not maintained stationary
and constanu ~n intensity and color at all times when in use,
are prohibited.
Signs which compete for attention with or may be mistaken for a
uraffic signal are prohibited. No sign shall be erected in
such a manner as to obstruc= free and clear vision for drivers,
· nterfere with, mislead or confuse traffic or be located where,
by reason of its position, shape or color, such sign may
interfere with~ obstruct the view of or be confused with any
au=horized traffic sign, signal or device by making use of'the
words "stop", "look" or any other word, phrase, symbol or
character or red, green or amber illumination or reflection.
D. Roof c!gnc cha!l bo prchibitmd.
Balloons or other gas-filled figures shall be prohibited.
Permanent exterior s~qns made ou~ of cardboard, paper,
canvas or similar impermanent ma=erial are prohibited.
permitted .........~.. = ........ ~ ~;~..-, ......... ~ signs, =~ hanging signs; pro
vided, however, that the i!!uminatien ~ha!! be concentrated
.............. ~ ...... property.
NOVEMBER 29, 1994
251
30.
31.
Signs or attraction devices with visible moving,
revolving or rotating parts, such as flags, banners or
pennants, are prohibited.
Except for holiday seasons or a period of fifteen (15)
days from the date of a grand opening, no sign or part thereof
shall consist of pennants, ribbons, streamers, spinners or
· other similar moving, fluttering or revolving devices.
I.H. Signs noting that a property has been sold are --prohibited.
J.~I. No portable or temporary sign shall be placed on the
-- front face of any building or upon any lot, except as provided
in ~100'205G herein.
F~J. No signs other than. signs placed by agencies of the government
~ shall be erected on any public property, unless consent is
first obtained from the Building Department. No sign shall be
placed on any private property without the consent of the owner
thereof. No sign shall be placed or painted on any tree or
rock. No Sign shall be placed on any Utility pole except for
utility identification or similar purposes.
Section 100-204 (~Limitation content or copy) is hereby amended to
read as follows:
Information displayed on signs shall be limited to the name,
address, logo, and nature of the business and products available
or activity for wh'ich the building or premises is used.
Section 100-205 (specific regulations) is hereby deleted in its
entirety and a new Section 100-205 (Specific Signs) is hereby adopt-
ed to read as follows:
A. Business center directory signs.
(11 The term "directory sign" shall mean any sign containing a
list of names of business establishments located within a
business center. A business center means a site contain-
ing multiple business uses sharing a common driveway.
Each business center shall be allowed on the premises one
(1) freestanding directory sign in lieu of all other free-
Standing or ground signs, to be used for the purposes of
identifying the business center and the various business
establishments located within the business center where
the sign is set back fifteen (15)feet from the street
Bo
line, No brand name advertising of any sort shall be
allowed on such sign. 'Said sign shall not exceed fii~een
(15) feet in heiqht, measured from the top of said sign to
the mean level of the ground surrounding the support of
sa~d sign. Each business establishment name shall occupy
no more than 3 sq. ft.in total area with an additional
allowance of twenty percent (20%) of the total for the
name of the business center. Said sign shall comply with
all other applicable provisions of this chapter.
(31 A permit issued by.the Building Inspector shall be re
quired for each business center directory sign erected or
maintained pursuant to this subsection. The application
for said permit must contain an accurate drawing of said
directory .sign as well as a survey indicating the
dimensions of said sign, its location and setbacks.
Contractor Signs. A contractor, tradesperson, architect or
building SuPplier may erect one name sign each on the site of
construction during the period of work. The sign area may not
exceed three (3) square feet and may be attached to a stake in
the ground located at least fifteen (15) feet from the street
line. Alt contractor signs must be removed prior to issuance
Co
of a certificate of occupancy for the construction.
Farm, garden or nursery signs. Signs may be allowed
advertising only the sale of farm,, garden or nursery products
grown on Eastern Long Island or of animals raised on the
Do
mises and the name of the farm, garden or nursery.
Freestandinq signs. One freestanding sign is allowed for each
frontage, on a public street or way subject to the followin~
requirements:
Freestanding signs are limited to either pole signs with
no guy wires or signs permanently affixed to a fence or
other wall separate from the principal building.
All freestanding signs shall be located within and non
overhang the property line.
The location and design of such signs shall not present a
hazard to pedestrian or vehicular traffic.
The sign may be single- or double-faced and square footage
will be calculated based on one side;
The sign shall be set back not less than fifteen (15/ feet
from the pavement or five {5) feet from the sidewalk,
whichever as greater. Under no circumstances shall the
sign be placed in the public right-of-way;
(6)
The sign shall advertise only business conducted on the
premises, which shall mean all contiguous property in
common ownership.
The sign shall be not more than twenty-four (24) squar~
feet, the upper edge of which may not extend more than
fifteen {15) feet ~bove the ground.
E-- Historic signs. A si~n is an historic sign if it existed
prior to 1970 and has not be significantly altered since
then. When the historic nature of the sign has been establ-
£shed to the satisfaction of the Building Inspector, he may
allow the reconstruction, repair and maintenance of historic
signs for so long as the sign maintains the original size,
appearance and location.
F-- Informational/Directional Signs. Signs are allowed which state
open, closed, business hours, phone numbers and generic
directions to the facility, parking service and products.
Informational/directional signs shall be a maximum of three {31
s.ft. an saze.
Nameplates. Non-illuminated name plates containing only names
or professional signs containing only name and professional
designation may be allowed.
H. Nonprofit Organization Directory. Sign. One directory sign may
be erected in each hamlet to identify nonprofit and civic orga-
nizations within the hamlet, subject to the size and location
requirements of the Business Directory sign.
I. Real Estate Sign. One sign shall be allowed to advertise the
sale or lease of real property. The sign may be either single-
or double-faced and not larger than six (6) square feet in
size. The sign shall be located at least fifteen (15) feet
from the public right~of-way. Ail real estate signs muse be
removed immediately upon closing on the lease or sale. This
sign may be allowed ~n any zone.
J-- Roof sign.
Roof signs may be erected upon or against a roof of a
building, but shall not extend above the ridge line of the
roof. A sign which is placed anywhere on a parape~ other
than the fascia shall be a roof sign and may not extend
above the top of the parapet.
The top of such signs shall not extend, an its
closest point, more than 12" from the surface of the
roof. The vertical center of the sign shall be mounted no
higher than the midpoint of the roof.
(3)
Such sign shall not exceed a size in square
feet e~uivalent to one-half times the length in feet
of the structure.
(4) A business may have either a roof s~qn or a wall sign, but
it may non have both a roof s~qn and a wall s~gn.
(5) A roof sign may not be illuminated.
K-- Subdivision sign. A s~gn shall be allowed no advertise th~
NOVEMBER 29, 1994
253
sale or lease of a subdivision of properties if the subdivision
has a public road frontage of five hundred (500) feet or more.
The sign may be either sin~le- or double-faced and not larger
than twenty-four {24) square feet in size. The sign shall b~
located at least fifteen (15) feet from the street line. Said
sign must be removed upon sale or lease of all properties wi--~-
in the subdivision. This sign may be allowed in any zone.
Temporary signs. The erection, installation or maintenance of
temporary sandwich board or A-frame sign on the business
premises if it does not hinder public access,
traffic or vision. The sign may not exceed 6 sq.ft, in
area and shall be set back at least fifteen (15) feet from
all property lines. The sign shall be removed at the end
of each business day.
(5) No more than one (1) exterior temporary sign at a tim~
shall be allowed on.a parcel of property. If there ar~
multiple businesses on the property, they shall make £n-
ternal arrangements to share the sign.
An external temporary sign may not be displayed for mor~
~han 90 days in a one (1) year period.
Tourist Directional signs. Tourist related businesses {i.e.,
hotel, motel, marina, res~aurant~ which are located off Rte 4S
or 25 may have a generic eight {8) inch by twenTy-four (24/
sign on one of those roads.
Wall signs. A wall si~gn or signs are allowed on th~ building
wall, subject 5o all o~ the following requirement~
It is a~sached To or Incorporated in the wall and does not
project more than one Il)' foot from such wall;
It advertises only the business conducted in such~ build-
ing;
(3) It does not exceed one (1) square foot in total area for
each horizontal foot of the business such wall facing a
street. If multi-story businesses are within the
structure, they share one wall sign allotment and ~hatl
allocate it among themselves.
(4) It does not exceed in width one hundred percent (100%) of
the horizontal linear feet of such wall;
(5} It does not exceed three (3) feet in height.
(6/ The sign shall not extend higher than the parapet in tho
case of one story buildings. In the case of buildings
taller than one (1) story, such signs shall not extend
above the bottom of the sill of the windows of the second
story nor extend or be placed more than fifteen (15) feet
Lo
inch
uemporary signs, as defined herein, is hereby prohibited, ex-
cept as specified below:
(t) A temporary si~n announcing special events erected
by a municipal, charitable or nonprofit organization, which
does not exceed twenty-four (24). square feet in area, ~s Der-
mitted for a period not to exceed thirty (30) days.
Temporary interior signs announclng special sales or
events shall be permitted in the ~amlet Business and Gen-
eral Business Districts. Such signs shall cover no more
than twenty-five percent (25%} of the window area To which
they are affixed, and shall be removed within twenty
days.
(3} if a business has a permitted freestanding or ground sign,
a temporary sign may be hung from the exterior of the
building or from the a~proved sign. The temporary sign
shall not exceed 6 sq. ft in area and shall not project
more than two (2) feet from the building and shall not
obstruct ~edestrian traffic.
(4) If a business does not have a ~ermitted freestanding,
~round or businesses center s~gn, a business may erec= a
above the Outside grade.
No wall sign shall cover, wholly or partly, any wall open-
ing, iinclUding doors, fire escapes and Windows nor project
beyond, the ends of the wall to which it is attached. Ali
such s~igns must be safely and adequately attached' to said
building wall by m'eans satisfactory to the Building In
~eCtor.
32.
33.
A sign may be placed on a buslnsss canopy or awning and
shall be treated as a wall sign and is subjec~ to the size
restrictions contained therein.
Window signs. A.permanen~ window sign means any sign which is
painted on the window or is made of materials other than card-
board, paper or canvas. A permanent window sign or combination
of signs shall not cover more than ten percent (10%) of the
~o~al glass area upon which, or in which, it is affixedr dis-
played or painted. If the window sign exceeds 10% of the window
space, it shall be treated as a wall s~gn and is sub3ec~ to the
size restrictions contained therein.
Section 100-205.1. (Specific Sign Requirements) is hereby added to
read as follows:
The following signs will be allowed in the Residential areas of
the Town, which shall include all areas zoned A-C, R-40, R-80,
R-120, R-200, R-400, HD and AHD:
1. Not more than two (2) nameplates not to exceed two (2)
square feet in area.
One (1) sign identifying the residential neiqhborhood not
more than eighteen (18) square feet zn area, located not
less than 15 feet from the street.
3. If the appropriate circumsmances exist there may be a real
esza~e, subdivision, contractor or yard sale sign.
Such other signs as may be authorized as variance by the
Zoning Board of Appeals.
The following additional sign shall be allowed in nhe A-C zone:
farm, garden or nursery shall be allowed mo have the
signage permitted in Buszness areas.
The following signs will be allowed in the Business areas of
the Town, which shall include all areas zoned RR, RO, LB, HB,
Do
B, MI, MII, LIO and LI:
Two (2) of the following alternatives:
a. A freestanding sign;
A business center directory sign;
c. A window sign;
A wall sign or a roof sign.
temporary sign.
If the appropriate circumstances exist there may be a real
estate, subdivision or contractor sign.
Such other signs as may be authorized as a variance by the
Zoning Board of Appeals.
Marinas may have a separate wall szqn for the wall frontage
facing the waterfront area they. serve.
Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de-
leted in its entirety and a new Section 100-206. (Sign illumination)
is hereby adopted to read as follows:
Ac
Except as provided below, a sign may only be lit fro~ an exter-
nal source. The sign mus~ be shielded so that the source of
light is not visible from adjacen~ streets or properties and so
that the illumination is concentrated on the sign.
Both neon and internally illuminated signs are prohibited,
except that freestanding, business cen~er and wall signs in
shopping centers or in areas zoned Hamlet Business may be in-
ternally illuminated. An existing sign which Ls capable of in-
~ernat i~lumination may continue in use in other zones if the
lights are not turned on.
Co
Farm, garden or nursery signs may only be illuminated during
the hours of business operations.
Wiring, raceways and appliances of ~ sign illuminated by
electricity from outside shall conform with the regulations of
the fire underwriters ~nd shall bear the appropriate stamp
signifying such conformity.
34.
Section 100-207 (Continuation of existing signs.) is hereby deleted
in its entirety and a new Section 100-207 (Unsafe, abandoned and
unlawful signs.) is hereby added to read as follows:
A. The owner of a sign and the owner of the premises on which such
~ign is located shall be ~ointly liable ~o maintain such s~qn,
including its illumination sources, in a neat and orderly con-
dition and good working order at all times and to prevent the
development'of any rust, corrosion, rotting or other deterlora-
tion in the physical appearance or safety of such sign.
B. If the Building Inspector shall find that any sign regulated
herein is unsafe, insecure, damaged, deteriorated or a menace
to the public or has been erected in violation of the provi-
slons of this chapter, he shall give written 'notice by certi-
fied mail to the owner of the premises on which such s~n is
located, as shown on the latest town assessment roll. Said
sign and all appurtenances shall be taken down and removed by
the owner, agent or person having the beneficial use of the
bui!dinq or structure upon which such sign may be found within
thirty (30) days after written notification from the Building
Inspector. Upon the failure to comply with such notice within
the time specified therein, the Building I~spec~or is autho-
rized to remove or cause the removal of such sign at the ex-
pense of the person or persons named in such notice. Upon such
removal, all costs and expenses incurred by the town for the
removal and storage of such sign shall be assessed against the
land on which such sign was located, and a statement of such
expenses shall be presented to the owner of the land. If such
statement is not paid within thirty (30} days after-its pre-
sentment, the Building Inspector may file a statement with the
Town Assessors, identifying the property in connection with
which such expenses were incurred and the owner thereof as
shown on the. latest assessment roll of the town. The Asses-
sors, in the preparation of the next assessment roll, shall
assess such amount upon such property. Such amount shall be
included in the levy against such property, shall constitute a
lien and shall be collected and enforced in the same manner, by
the same proceedings, at the same time and under the same pen-
alty as is provided by law for the collection and enforcement
of real property taxes in the Town of Southold. The owner of
the si~n removed by the Building Inspector as hereinbefore
provided shall not be permitted to redeem such sign until all
expenses of removal and storage have been paid.
If, in the determination of the Building Inspector, a sign is
an immediate perit to persons or property, he may cause such
sign to be removed summarily and without notice. The cost of
such removal shall be paid by the town, and such amount shall
be and become a lien upon the premises in question and shall be
levied and collected in the same manner and under the same pen-
alties as an assessment of a public improvement.
35. Section 100-208 (Transition.) is hereby added to read as follows:
36.
For a period of six .(6) months after adoption of this ordinance, a
person may obtain a sign permit for a Sign existing prior to the
date of adoption,~which sign conforms to the provisi0~s of the newly
adopted code or the prior repealed code. Thereafter, a sign permit
may only be issued for a sign which conforms to the provisions of
this code.
Section 100-209. (Non-conforming Signs) is hereby added to read as
follows:
Any sign which holds a permit under the prior repealed co~e but
which ~OeS not conform to the provisions of this chapter, shall be
deemed a non-conforming sign. A non-conforming sign may be. contin-
ued, without enlargement, reconstruction or relocation, until it
loses its noncomforming status through the occurrence of any of
these events:
The non-conforming use is damaged or deteriorated so that the
cost of repair or replacement exceeds 50% of the original value
of the sign;
The business which is served by the non-conformlng sign changes
~o a new use or service (eg. retail ~o food}.
3. The business which Ls served by the non-conforming sign has
-- been discontinued for a period' of two (2) years or more.
When a sign loses its nonconforming s~atus, it shall be brought into
compliance with this code and obtain a new permit, or it shall be
removed.
II.
15.-Vote of the Town Board: Ayes:
Councilman Townsend, Councilwoman
Councilman Lizewski.
This resolution was duly ADOPTED.
37. Section 100-281(J)(109g) is hereby deleted in its entirety and a
new section 100-281(J)Cl)(g) is hereby added to read as follows:
(9) ~'~,'~- "~..~-.~,-.,-~t~ · ~'""~"' -':!~n~ perm?~,~
....... ~+ ,,~ · ,,,:,k ~ m!n!m,_,m fee af
(g)' The permit fee for all signs shall be fifty dollars ($50.)
per permit.
This Local Law shall take effect upon its filing with the Secretary of
State.
Overstrike represents deletion(s)
Understrike represents addition(s)
Justice Evans, Councilwoman Oliva,
Hussie, Supervisor Wickham. No:
16.-Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret~ the resignation' of Para Moore, EISEP Aide for the Human
Resource Center, effective December 14, 1994.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
17.-Moved by Councilman Lizewski, seconded by Councilman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates
the employment of James C. McMahon as Director of Program Evaluation,
effective November 29, 1994.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby abolishes
the position of Director of Program Evaluation, effective immediately.
18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.-Moved by Justice Evans, seconded, by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
James C. McMahon to the exempt position of Executive Assistant, effective
November. 29, 199~t, at a salary of $47,595.21 per annum.
19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED. that the Town Board of the Town of Southold hereby rescinds
resolution no. 7, adopted on August 23, 1994, appointing Ruthanne
Woodhull as Exempt Secretary to the Town Attorney, effective September
1, 1994, at a salary of $26,780.00 per annum.
20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of SoUthold hereby abolishes
the position of Exempt Secretary to the Town Attorney, effective immediately.
21.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
NOVEMBER 29, "199. 2 5 7
22.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the
position of Senior Stenographer in the office of the Town Attorney and sets
a salary of $26,780.00 per annum for said position.
22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
23.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Ruthanne Woodhull as a Senior Stenographer in the office of the Town
Attorney, as a transfer from her position of Senior Stenographer with
BOCES, effective September 1, 199L~, at a salary of $26,780.00 per annum.
23 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, COuncilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
24.-Moved by Supervisor Wickham, seconded by Councilwoman Olfva,
POLICY WITH REGARD TO CIVIL SERVICE RULES AND
GUIDELINES
WHEREAS, the Town Board of the Town of Southold has determined that it
is essential for the Town to follow Civil Service rules and guidelines; now,
therefore, be it
RESOLVED that the Town Board hereby establishes the policy that all
employee related hiring, terminating, promoting or demoting actions shall be
reviewed by the Accounting and Finance Department to determine applicable
Civil Service requirements before any such action is taken by the Town
Board of the Town of Southold.
24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
25.-Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, William C. Ridgeway III, d/b/a R3 Information Systems of
Fishers Island, NY, has set up a new administrative computer system for the
Fishers Island Ferry District, and the Board of Commissioners now wishes to
retain Mr. Ridgway'a services to refine existing software and develop
additional programs; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to retain
William C. R|dgway II for a period of two (2) months, at a rate of $2,500
per month, effective November 1[~, 1994, to perform the aforesaid services
for the District.
25.-Vote of '~-the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Phyllis Atkinson a member of the Southold Town Board of Assessment
Review, effective immediately through September 30, 1999.
26 .-Vote of the Town Board: Ayes: Justice Evans, Council'woman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED,
27.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the TOwn Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for one member of the
Southold Town Planning Board and one member of the Southold Town Board
of Appeals, for five year terms, effective January 1, 1995 through December
31, 1999.
27.-Vote of the Town Board: Ayes: Justice Evans, Council.woman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski,
This resolution was duly ADOPTED.
28.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 27, adopted on November 1, 1994, creating a Cablevlslon
Advisory Committee to be composed of five members, to read: "three (3)
members"; and be it
FURTHER RESOLVED that the Town Board hereby appoints the following
individuals to the Cablevision Advisory Committee for a term of one year,
effective November 29, 1994 through November 29, 1995; James Dinizio,
Jr., Chairman, Richard Fevola, Joe Sullivan, they to serve without
compensation.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
29.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund Part Town to
transfer donated funds for D.A.R.E. T-shirts:
To:
Revenues:
B2705 Gifts & Donations $ 1,320.25
Appropriations:
B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 1,320.25
29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
30.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Val Stype & Sons, Inc. Insurance Agency to provide the Town
of Southold with insurance coverage for 1995 at a cost of $2u~3,861.00.
30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
31 .-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby
discontinues the After School Latch Key Program, effective December 31,
199u~, whereas the number of families who are utilizing the program does not
adequately fund the program and pay the after school activity aide.
33 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
32.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED THAT THE Town Board of the Town of Southold hereby
authorizes a buy-out of the Vita-Stat model 90550 blood pressure monitor at
a cost of $1,500.00, and full service coverage for 1995 at a cost of $300.00.
32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
33.-Moved by Justice Evans, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby increases
the tipping fee from $0.035 per pound to $0.0u~5 per pound, effective
January 1, 1995, on the following items as set forth in Chapter u~8 (Garbage,
Rubbish and Refuse), Section u~8-~.B, of the Code of the Town of Southold.
(1) Rubbish, including but not limited to furniture fixtures,
television antennas, carpets, awnings, boats and other like
objects that are not considered normal everyday household waste.
(2) Commercial and household garbage, and rubbish, including but
not limited to furniture, fixtures, television antennas, carpets,
awnings, boats and other like objects.
AND BE IT FURTHER RESOLVED that loads containing the following shall
remain at a tipping fee of $0.035 per pound.:
(1) Heavy brush, landscaping and yard waste, including but not
33. - Vote
limited to stumps, branches, shrubs, plants, trees bushes and
the like, but not including leaves.
Construction debris, including but not limited to scrap and waste
material discarded as refuse resulting from construction.
(3) Wood, including but not limited to timber, logs, boards and the
like, unless such wood is designated by the landfill attendant
as recyclable wood.
(Lt) Demolition debris, including but not limited to waste and rubble
resulting from remodeling, demolition and extensive repair of
structures, waste cement, concrete, masonry work, bricks, tile,
sheetrock, plaster, wood, shingles and the like.
of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding public hearings.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED AT 5:15 P.M.
SUPERVISOR WICKHAM: I'd like to proceed now to the proclamation, that
we've prepared on behalf of the Eastern Long Island Hospital in Greenport.
Today is Donor's Day for the Eastern Long Island Hospital. I know because
Mrs. Mazzaferro here, and many of the people associated with the hospital
have been putting in a very busy day by calling many people, trying to
stimulate contributions, and donations to the hospital. The Town Board is
very pleased today convey to the Hospital a measure of the importance, that
we regard that institution. It's a very critical part of the town, obviously
important part of Greenport. I'd just like to read very briefly this
proclamation.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold recognizes that
EASTERN LONG ISLAND HOSPITAL is vital to the well-being of the people
of Southold Town; and
WHEREAS, EASTERN LONC ISLAND HOSPITAL, founded in 1905, has
earned a reputation for combining technologically advanced health care with
extraordinary personal attention; and
WHEREAS, a great sense of pride is felt throughout the Town of Southold
for the outstanding dedication of the Directors, Trustees, and hospital
staff, who give of their time and expertise in serving the community; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL, a not-for-profit community
hospital, depends greatly upon the goodwill and charity of its contributors
to continue providing this excellent service; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby Proclaims
NOVEMBER 29, 199~ as EASTERN LONG ISLAND HOSPITAL DONOR'S DAY
in recognition of the great service these individuals give to our community.
Dated: November 29, 199u~.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman 'Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Thank you very much. it's a pleasure. I have to
say another whereas. Some of us first saw the light of day at the Eastern
· Long Island Hospital. Today is not only the .Donor's Day. It's the day that
the hospital is launching a major fund drive. You may know that the hospital
is financed in a very significant portion through private contributions that
people make. I know they've been active on the telephones. ! hope those
people in the community, who take the hospital seriously will find a way to
contribute something towards making the annual budgets, that they have to
make. We had two Local Laws that we had hearings on. They're scheduled
for resolutions at the end. Would anyone like to mo. ye them?
33.-Vote of
Councilman Townsend, Supervisor Wickham.
Councilman Lizewskl.
This resolution was duly ADOPTED.
limited to stumps, branches, shrubs, plants, trees bushes and
the llke, but not including leaves.
(2) Construction debris, including but not limited to scrap and waste
material discarded as refuse resulting from construction.
(3) Wood, including but not limited to timber, logs, boards and the
like, unless such wood is designated by the landfill attendant
as recyclable wood.
Demolition debris, including but not limited to waste and rubble
resulting from remodeling, demolition and extensive repair of
structures, waste cement, concrete, masonry work, bricks, tile,
sheetrock, plaster, wood, shingles and the like.
the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
No: Councilwoman Hussie,
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding public hearings.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman LizewSki,
Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED AT 5:15 P.M.
SUPERVISOR WICKHAM: I'd like to proceed now to the proclamation, that
we've prepared on behalf of the Eastern Long Island Hospital in Creenport.
Today is Donor's Day for the Eastern Long Island Hospital. I know because
Mrs. Mazzaferro here, and many of the people associated with the hospital
have been putting in a very busy day by calling many people, trying to
stimulate contributions, and donations to the hospital. The Town Board is
very pleased today convey to the Hospital a measure of the importance, that
we regard that institution. It's a very critical par. t of the town, obvioysly
important part of Greenport. i'd just like to read very briefly this
proclamation.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold recognizes that
EASTERN LONG ISLAND HOSPITAL is vital to the well-being of the people
of Southold Town; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL, founded in 1905, has
earned a reputation for combining technologically advanced health care with
extraordinary personal attention; and
WHEREAS, a great sense of pride is felt throughout the Town of Southold
for the outstanding dedication of the Directors, Trustees, and hospital
staff, who give of their time and expertise in serving the community; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL, a not-for-profit community
hospital, depends greatly upon the goodwill and charity of its contributors
to continue providing this excellent service; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby Proclaims
NOVEMBER 29. 199~. as EASTERN LONG ISLAND HOSPITAL DONOR'S DAY
in recognition of the great service these individuals give to our community.
Dated: November 29, 199u,.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman OliYa,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Thank you very much. It's a pleasure. I have to
say another whereas. Some of us first saw the light of day at the Eastern
Long Island Hospital. Today is not only the .Donor's Day. It's the day that
the hospital is launching a major fund drive. You may know that the hospital
is financed in a very significant portion through private contributions l~hat
people make. i know they've been active on the telephones. I hope those
people in the community, who take the hospital seriously will find a way to
contribute something towards making the annual budgets, that they have to
make. We had two Local Laws that we had hearings on. They're scheduled
for resolutions at the end. Would anyone like to move them?
34.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 18th day of October, 1994, a Local Law entitled, "A Local Law in
Relation to Wineries"; and
WHEREAS, this Local Law was referred to the Sou:hold Town'Plannlng Board
and Suffolk County Department of Planning for their recomraendatiol; and
reports; and
WHEREAS, a public hearing was held on this Local Law on the 29th of
November, 1994, at which time all interested persons were given an
o'pportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 29 - 1994,
which reads as follows:
LOCAL LAW NO. 26 - 1994
A Local Law in Relation to Wineries
BE IT ENACTED, by the Town Board of the Town of Sou:hold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Sou:hold is
hereby amended as follows:
INTENT: The wine industry has been an important component, not only of
the acjrlcultural community, but the Town's tourist industry. In reco~lnition
of the winery's ability to contribute to the .tourist industry, the Town iq
clearly defining a winery, adding sales of wine-related products as an
accessory use and allowln9 for outdoor for-profit events under certain
conditions.
1. Section 100-3 IA(4) is hereby a_dA.d to read as follows:
(4) Wineries Which meet the fonow_jJ~_sla~dx_-ds:.
(a) shall be a_ptace or premises on which wine ma_de l~a~n_gdmar y Long
Island grapes i~prodt~e.~a~_d sold:mhd
shall be on a parcel on which at Jeast ten (} 0) acres am_devoted
vineyard or other_a,~ricuku~JAzurp, os~_an.d~t]j_~t~j~,smwn¢~d by
wine~ owner;_a_ad.
(c) the winery, structures _shall be.set ba~_k_a~ninimu m_oY_o~_~.e_J~.u~0_d£cd_( t 00)
feet from a major road; a_ad_
shall obtain site Plan approval,
2. Section 100-3 lB(13) is hereby deleted in its entirety:
(13) ' '
V, Zm~o ~,~ ~h¢ produedemand sclc of wine ~,,,.,d~,~,,~ from%capes primarily
~owft-i~-thc vincy~ on-~h~eh sue4rwinefy
3. Section I00-3 IB(14) and (15) are hereby changed to (13) and (14) respectively:
4. Section I00-3 lC(1 I) is added, to read as follows:
(I I)Wineries may hax.c~n acces~ ~jd~sj~on the4:mem[s~ which may sell
items accessory to wine~ suchas_cor~scrcw_s~ wineglass_e& decanters: items
f~r the stoage and disp21ay of wine: books os winemaking aM_the region and_
~_onspecific items bearing the insignia of the winery,. Wineries magLao. Llxa~
commercial kitchen as an ar~c_e~ssory use~ but may have a non-commercial
· · kitc!~crk.fx~cilky for private u~_s~e_by the employem
5. Section 100-30A.2A(1) is amended to read as tbltows:
(t) Same as Section 100-3 1A of the Agricultural-Conservation District c,×cept
that wineries are excluded.
262
NOVEMBER 29r 1994
6. Section' I00-42B(4)is deleted as follows:
(4) -W/~er4es-as--sct fo~t~afld regubated by-Scct4errqq30--3qq3,Ot-30-of-tq~e
7. Section 100-61A(I) is hereby amended to read as follows:
(l) Any permitted use set forth in and as regulated by Section 100-3 lA of'the
Agricu[tural-Conservafion District ~xcept that wineries are e×cluded~
8. Section 100~71B(6) is hereby deleted as follows:
(6) V¢ir~--ies:
9. Section I00-7 lB(7) is hereby changed to (6).
10. Section 100-81A is hereby amended to read as follows:
A. Permitted uses.
(1) Any permitted use as set forth in and regulated by Section 100-3 l A of
the Agricultural-Conservation District ~xcep_t wineries, which shall be as
s~t forth below:
(2) The following qses are permitted uses subject to the site plan approval by
the Planning Board:
(a) Retail businesses complementary to the rural and historic character of
the surrounding area, limited to the following:
Antique, art and craft shops and galleries.
[2] Custom workshops and machine shops
[3] Wholesale or retail sale and accessory storage and display of
garden materials and plants, including nursery operations,
provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular traftSc
and does not occur within three (3) feet of the property line
[4] Libraries or museums.
(b) Professional and ousiness offices.
(c) Funeral home,~.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores,and shops, including barbershop.s, beauty
parlors, professional studios and travel agencies..
(0
Repair Shops for household, business or personal appliances,
including cabinet shops, carpenter shops, electrical shOps, piumbing
shops, furniture repair shops and bicycle and motorcycle shops,
landscaping and other service, businesses.
NOVEMBER 29, 1994
263
(g) Wholesale and warehousing.
(h) Retail uses supplemental to the service business establishment.
~ Wineries which meet the following standards:
[2.] s. balLb_e_a_farm_~.i~Lery_[i.c~rmed_un_d_er New Y.o_rk St~.te_l_aw fromm
which-wine made from primarily Long Island grapes is produced
and~old._and
[2] shall obtain site plan approval.
11. Section 10O-81B(1) is hereby atnended to read as follows:
(1) Any special exception use as set forth in and regulated by Section I00-3 lB
of the Agricultural-Conservation District,-exeept~winer4es~af~c~not-r,c~uiced4e
be-i~f~--~t4~ a-widya-¥i~eyaf-d.
12. Section 100-8lC(I) is hereby amended to reid as follows..'
(t) Any accessory use as set fortl?, in and regulated by Section 100-3 IC(I)
through (8) artd_(l t) of the Agricultural-Conservation District, and subject to
the conditions set forth in Section I00-33 thereo£
13. Section 100-91 t3(I 0) is hereby deleted as follows:
(q0} W~ner~es.
14. Section 100-101A(il) is hereby added to read as follows:
(.I I) Wineries which me~t the followiagostandard~s2
~). ~e a fa~rm winery [i_censed un_der New York S2~Le la-w from which_
>vine made [rom primarily Long Island r. gr_al:ms is4~rodu~ed and_sold~2n4
Cb.). s~h' lla~r~Lah~ sit~p42rgval' .anJ_
15. Section 100-10lC(l) is hereby amended to read as Collows:
(I) Accessory uses set forth in and as regulated by Sec, tion I00-.3 lC(1) through
(8) ao_d (1 I) of the Agricultural-Conservation District, subject to the
conditions set forth in Section 100-33 thereof.
16. Section i00-.13 lA(6) is hereby added to read as follows:
6(~). Wineries as_regulated by Section 100-101A(I
t 7. Section 100-131B(14) is hereby deleted as follows:
18. Section 100-141A(3) is hereby ~ded as follows:
L3~ Wineries_as r%, l~2a&exJAzy Serj~on 100-101A(I !~L
2 6 4 NOVEMBER 29, 1994
19. Section 100-1U~lB(3) is hereby deleted as follows:
(3)
20. Section 100-27/~C(Fees) is hereby added to read as follows:
G. For applications for public entertainment and special
events permits, the fee shall be fifty dollars ($50.00).
II, This LOcal Law ,shall take effect upon its filing with the Secretary of
State.
* Strikethrough indicates deletions.
** Underline indicates additions.
34.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
35.-Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 15th day of November, 1994, a Local law entitled, "A Local Law in
Relation to County Route u,8"; and
WHEREAS, the Town Board held a public hearing on the aforesaid Local Law
on the 29th day of November, 1994, at which time all interested persons
were given an opportunity to be' heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 27 - 1996,
which reads as follows:
LOCAL LAW NO. 27 - 199u,
A Local Law in Relation to County Route 0,8
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended by addin~l thereto the following:
Name of Street Side Location
County Route 48 Both At Southold, starting at a point
on the southeasterly corner of
Soundview Avenue and extending
easterly to the intersection
Bayberry Lane.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
35,- of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Hussie, Councilman Lizewski,
Vote
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That's all the business on our agenda this
afternoon. The Board is open is comments from the audience. We'd be
pleased to hear what people in the community would like comment to us.
Yes, sir,.,the gentleman in the back?
FRANK CARLIN: Good evening, ladies and gentlemen. My name is Frank
Carlin. I'm from Laurel. Several months back the flag wasn't flown
Memorial Day at the Town Hall. I noticed the same thing happened this past
Veteran's Day, that the flag wasn't displayed on Veteran's Day. We must
never forget our veterans. So many who gave up their lives, men and
women, si.x hundred and fifty thousand from World War One un~il the
present time. Eleven hundred entombed in the Arizona in Pearl 'Harbor. We
should never forget our veterans. I would suggest that the .Task. Force
Committee should have included that in their recommendations. That is the
future, that this Town Hall display the American Flag on veteran's holidays.
I, also, suggest to our Supervisor, that he sees that this is carried out in
the future. There is no reason not to-display the American Flag, and show
some consideration, and appreciation to our veterans. Let's never forget
them. Didn't take five minutes this time.
SUPERVISOR WICKHAM: Thank you, Frank. We'll take that into account,
and we'll do everything we can to see that a flag is flying Veteran's Day.
Anyone else who would llke to address the Board tonight? Mr, Flynn?
F.M.FLYNN: F.M. Flynn, resident of Southold. With respect to the
previous speaker, I presume the Board knows, that under the change of
regulations on displaying the Flag, that it can be flown twenty-four hours a
day. Now, I have some remarks to make that I delude myself in being of
265
NOVEMBER 29, 1994
some importance. I don't know whether !'11 be able to squeeze them in, in
five minutes, but I'll make an effort. I attended the meeting of November
15th, at which public hearings were held on three proposed amendments to
the Southold Zoning Code. These proposals were based upon discussion and
revision on the part of the Code Committee. It's conclusion, as reflected
in the proposed amendments, was so loudly denounced at the meeting, as to
recall the quotation from Horace. Horace, as you know, was a Roman poet.
The mountains will be in labor, and the ridiculous mouse will be brought
forth. The proposed amendments clearly demonstrate the ineptitude, or
worse, of the Code Committee, and it's unfitness to draft the monumental
changes, the agenda of the majority of the Town Board would inflect upon
all of Southold. Others, better informed than I, have addressed the
proposed lighting and sJgnage regulation. With respect to lighting, I
presume that the intent of the lighting amendment is to reduce the overall
intensity of lighting, and it's diligent glare, both direct, and indirect,
reflecting on neighboring properties. The extent of technical knowledge
lacking on the part of the committee is reveal by it's reliance on the
visibilit'y of filaments, as a measure of glare. Filaments are generally
found in incandescent lighting. Perhaps the Committee is unaware that
modern intensive lighting is largely by means of sodium and mercury vapor
lamps. Attempting to see if these units have any filaments from any
distance is inviting blindness. It would appear that the intent of such an
ordinance would be to confine area lighting, and it's intended directed
reflected glare, to a given property, and to protect neighboring properties
from the damage, and nuisance it inflicts. To attain such an end of the
intensity of lighting should be reduced to a minimum, and the lamps, bulbs,
tubes, globes, etc. employed should be enclosed and shielded, to direct and
defuse such illumination downward, and confine to the property for which is
approved. The proposed amendment eliminated most of the criteria
previously reflected, and subjugates the present amendment to the
interpretation, and enforcement standards, which are subjective in nature.
Now, I mentioned the sign amendment previously. Now, to get to the heart
of What I have to say. As for the proposed B&B zoning, it represents
disingenuous, duplicitous, sadistic, hair splitting, on the part of the Code
Committee, then introduces what every other level of government defines as
commercial use into residential districts. It is no more possible to
introduce business use into a residential district based upon th~s argument,
that it is not of principle use. Either you are, or aren't. It is obvious
that the origins of this amendment are political in nature. It caters to a
certain segment of the population rather than recognizing the Board's
bounding duty to consider the welfare of all. It relies on the premise that
the majority of residential property owners are either, ill informed,
unorganized, or both. Perhaps the present majority of this Board does not
remember it was elected in large part, based upon the electorates
overwhelming rejection of the previous Board's program of intensive
development. This proposed amendment is a prelude to the committee, and
presumable the Board's majorityJs much more encompassing agenda. It
affectJvely eliminates the residential zoning propagated by the Enabling
Act, as it were to exist in the Town of Southold. In defense of this
aberration, reliance is based on earlier improper actions of previous Board.
it is the equivalent of maintaining that two wrongs make a right. This Board
simply can not have it both ways. It can't impose commercial uses on
previously residentially zoned districts, and still maintain that there are
residential, districts in Southold. The imposition of commercial zoning into
residential districts destroys the residential character of the 'district. A
district assumes the character of it's most intensive use. Technically such
a melange creates economic obsolescence, and devalues other properties
effected. Were you to research the matter you would find that the primary
source of such obsolescence is legislative enactment. This is obviously a
zoning matter. Zoning is a legislative function. To shirk the decision for
what is clearly a zoning problem, by delegating zoning problems to the ZBA
is clearly an attempt to subvert the intent, and the obligations imposed by
the Enabling Act, by means of delegating such authority to an unelected
Board devoid of legislative powers. This proposed amendment is clearly
based upon the Board's majority agenda for the future of Southold, based
upon the expansion of the tourist industry, as advocated by the Task
Force, and implemented by the destruction of the Town's residential zoning.
Rather than implemented these changes, as it currently appears will be
done~ on a piecemeal basis, which would have affectively conceal from the
average resident the cumulative effects of these recommendations, if pursued
headlong, on the future character of Southold. I believe it is incumbent on
267
NOVEMBER 29, 1994
the Board to reveal it's complete agenda, and provide residents with an open
forum to discuss the agenda's overall impact. In my opinion the emphasis on
tourist, rather than consulting..constituting a panacea for Southold's
economic problem, represents expediency, precariously based on a foundation
of quick sand. It favors a minority of business proprietors at the expense
of the welfare of the majority of residents. The effects on the town's
intrastructure, including it's seasonally overburdened highway, should be
obvious to all, but the most bias proponent of such a program. Unbelievably
it is reported that some of the Board advocate the expansion of the LIE
terminating at Mattituck. This is a prescription for chaos. As for the
tourist industry serving as a economic panacea, even first week analysis
reveals it's illusionary prospects. Tourism provides seasonals largely
minimal wage employment. It is purportedly based on the worthy objective of
providing worthwhile employment at wage levels sufficient to provide
recipients with a decent annual income. Such employment, as seasonal
tourism offers, is unlikely to prove attractive, or satisfactory to capable
and ambitious residents~ particularly the young seeking career
opportunities. On the other hand, this could attract, as has proved to be
the case in other instances, an influx of unqualified, unskilled workers.
The adverse effects of the emphasis on tourism have obviously been
overlooked. Marginal seasonal workers must be housed year-round. Such
workers would create a demand for subsidized housing, and in the
off-season swell the unemployment compensation roles, as well as the welfare
roles. But to allow these by-products of the emphasis of tourism will
recognize, perhaps inadvertently, by a spokesman for the Task Force. He
advocated the construction of, so called, affordable housing to benefit
those who's Iow income originated from employment in the tourist industry.
Now, doesn't this represent subsidy of a kind for the proprietress of the
tourist industry? Further, who is to bear the cost of this subsidized
housing, another drain on the Town's over-stretched resources of the
already overburdened taxpayer? The Task Force further recommends
two-family houses, accessory apartments, Iow-rent housing, etc. Is this what
the majority of residents want, and voted for? Does a typical resident
subscribe to the Board's current vision of Southold's future? I believe that
the Board, rather than heaping accolades on the Task Force
recommendations, is duty bound to reveal it's total agenda in advance, and
justify the accumulative effect it would have on the Town's future
character. These proposed intensive uses eviscerate the protections aborted
by residential zoning, benefit a minority, and inflict on Southold the very
problems that westerly Suffolk towns are currently engaged in.
SUPERVISOR WICKHAM: Mr. Flynn, are you finished?
F. M. FLYNN: I'm on the last couple of words, I guess. In relation to
the proceeding comments, I believe it is appropriate to close with a quote
by George Santayana. Those who can not remember the past are
condemned to repeat it. Thank you.
SUPERVISOR WICKHAM: Thank you. Is there anyone else, who would like
to address the Board this afternoon?
FRANK CARLIN: I just want to mention about light glow. Can you
imagine if' we remove all our street lights from east coast to the west coast
in this ~ountry, especially in cities, like Chicago, New York, what would it
be like? Darkness, crime would increase. Street lights don't put out a
glow. They help, and I think it's necessary to have street lights. I don't
think we have enough along 25. We should have more on 25, but as far as
lights putting out glow, or even light pollution, there ain't anybody on the
Board yet, that can prove to me what kind of pollution this light can put
out. As far as street lighting goes, I suggest to the Board not to get
involved in that area, you consider illuminating street lights. Please, you
need street lighting. I know, as I mentioned once before, I worked in
Grummans, and I came home many a night twelve o'clock, one o'clock in
the snowstorms, in fog, and the rain, if it wasn't for the street lights I
would never have made it home. But, I'm .lust saying to the Town, if you're
considering o'n street lights, think about it, because they're necessary, and
they're necessary to reduce crime. You ask any Police Officer. They'll tell
you this. Drivers will tell you this. We don't enough. I'd llke to see more,
like Riverhead has, up to our line in Laurel, on every other pole. That
would be great. It's really a help when it's raining'.
SUPERVISOR WICKHAM: Thank you, Frank. Is there anyone else in the
audience who would like to address the Board this afternoon? (No response.)
If not, does any of the Board members wish to make a comment?
COUNCILMAN LIZEWSKI: I voted today against the Town Board
advertising for resumes for the Planning Board and the Board of Appeals,
and my feeling about that is, that I'm going see politics, and not people
for the first time. I found no substance to any complaints about Mr. Wilton,
or Mr. Ward. I believe that Mr. Wilton is really the target of this. He's
done nothing to show us that he's not a capable Zoning Board member. It's
been customary in the past that when people had done their job, that they
were appointed to these positions. In fact, we had a discussion at this
Board that this will not be always done, that there will times when there
will be no advertisement for resumes. We wil~ just reappoint people to the
Planning Board, and the Zoning Board of Appeals. I feel that this is a step
backwards, and basically, I think, a political move to get rid of Mr.
Wilton, who was opposed by Mr. Wickham, when he was appointed several
years ago. However, I don't find any reason why we should dismiss people
who have served so well, and we can not find enough to complain about to
have them go through the process of going through resumes, and
reappointing them. Thank you.
SUPERVISOR WICKHAM: Anyone else like to address?
COUNCILMAN TOWNSEND: I'd like to respond to that. I'd be happy to
remove Dick Ward off that resolution, but Mr. Lizewski wanted to have
Dick Ward on there for, I guess, a similar reason. It comes down to
credentials, as far as I'm concerned, and I'm interested in seeing what's
out there. I have no problem with Dick Ward, or Richard Wilton, except that
I believe there may be more qualified people than Mr. Wilton.
SUPERVISOR WICKHAM: Any other questions, or any comments? (No
response.) Since my name was mentioned, I'd just like to say for the benefit
of the audience, that the policy of the Board has been that when a person's
term is up on the Planning Board, or the Zoning Board, or any of the
appointed Boards, tradition, at least has been that if there is unanimity on
the Board to simply reappoint that same person to another term, that we
simply do that. But, if there is even one person, who has some reservations
about it,. who feels that, hey, why don't we go out, and canvas the
community, and see if there aren't additional people, let them express an
interest, let them come, and be interviewed, without prejudice to the
person, who's term up. Let him, also, be included, and be considered, and
be interviewed for a possible extension of his term, rather than having it
be basically. . if there's a person on the Board, who feels that ought to go
through that process the Board normally does it, and we did it in this case.
I'd like to comment very briefly about the Greenport Police situation, which
I think some of you may be quite interested in. Two weeks ago today the
people of Greenport voted; virtually two to one, to abandon their Police
Department. As you all know, it fell to the Town of Southold to take on that
responsibility within two days. On Friday we were officially established
over there. It was quite an experience for me in that period. I spent
quite a bit of time in Greenport, actually going around with some of the
Policemen on the beat to go into the nooks and crannies of Greenport. !
would have thought somebody who had lived here all his life would know
Greenport in and out, but if you get inside of a Police Car,' and go to
various places, there are a lot of parts to it, that might be surprised to
go to. I think that the system, 'that the Town has adopted so ~far, has
worked, reasonable well. I would like to outline to you very briefly, what
that system is. We have absorbed Greenport into the adjacent sector, that
already exists, that extends all the way from Orient to East Marion, up to
Greenport, but we've moved the line between that sector, and the next
sector of the Town's police responsibility, which used to be at Chapel Lane.
We've moved that to Moore's Lane, which is right on the edge of the
incorporated village. What that means is, that one sector car, and one
policeman from the Town of Southold covers the area beginning at Orient
Point all the way up to Greenport, and the next sector begins at that same
stage, and continues on west through Southold. Consequently, Greenport is
really at the junction of two sectors, and it's easy, and we have in fact
put two sector cars in Creenport from time to time, when we have to.
Fortunately, this is November. It's almost December. This is not the busiest
time of the year, and I think I can safely say, it's worked quite smoothly,
and quite well. I think the real test to the town is going to come in the
summer months, when we're going to be very busy, when there's going to
be a lot more activity, but I think the initial steps, that our Police
Department has taken, they've been positive. I think that the impression I'm
getting from people in Greenport is that there is respect for our men, and
that the system seems to be serving the purpose of police protection in
Greenport. I think you'll be hearing more about it in the future, as the
Town adjusts to a more intensive schedule during the summer period. Are
there any comments from any one else on the Board, or do I hear a motion
for adjourn?
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:u,5
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Southold Town Clerk