HomeMy WebLinkAboutLL #09 2018 ELIZABETH A. NEVILLE, MMC ®astpffF Town Hall, 53095 Main Road
TOWN CLERK �� �� P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS
coo
Fax(631)765-6145
MARRIAGE OFFICER o8. ®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 8, 2018
�EE186315775US ;
Priority Mail Express
RE: Local Law No. 9 of 2018
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 9 of 2018 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
� L
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing" ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 9 of the year 2018 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to
Helicopters
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better
protect the quality of life enjoyed by Southold Town residents.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-13 Use regulations.
[Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part
of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L.No. 25-1994; 11-29-1994
by L.L.No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L.
No. 2-2010]
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special
exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in
Subsections B(1), (13) and(14)hereof, are subject to site plan approval by the Planning Board: [Amended
3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-
1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239(Rev.05/05)
1
by L.L.No. 20-1996; 11-12-1997 by L.L. N6. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L.
No. 18-2005; 6-15-2010 by L.L. No. 2-2010]
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein:
(12) Use of aircraft in agricultural operations,provided that:
(a) the use has been granted a special exception from the Zoning Board of Appeals.
(b) in addition to the criteria for a special exception set forth in §§280-142 7 143, the
ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c) Notwithstanding the forgoing, the use of aircraft shall be limited to spraying crops,
surveying, fields and transporting employees and shall not be used for transporting
non-employees to and from the subject premises.
Article XXII. Supplementary Regulations
§ 280-111. Prohibited uses in all districts.
[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015]
C. Uses involving primary production of the following products from raw materials:
charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon
black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature;
potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric,phosphoric,
picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin,
glue and size(animal); linoleum and oil cloth;matches;paint, varnishes and turpentine; rubber(natural
or synthetic); soaps, including fat rendering; starch.
D The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill operations.
E. Operations involving stockyards, slaughterhouses and slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities
with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines,buildings,
structures and accessory equipment designed, used or intended to be used for the storage of gasoline,
fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal
waters or tidal wetlands.
2
r }Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a
public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous
condition, or resulting in flooding or pooling in or around the public area, including neighboring
properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of
registered vehicles,upon a public,highway, roadway, right-of-way or sidewalk that unreasonably
interferes with the public's use of the public highway, roadway, right-of-way or sidewalk.
J. Transient rental properties.
K. Aircraft prohibited.
(1) Helicopters prohibited. No person, firm or corporation, except those with prior valid approvals,
shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the
waters,beaches or on any land within the Town of Southold.
(2) Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or
cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the
Town of Southold Board of Trustees.
(3) This ordinance shall not apply to Town owned airfields, medical or police emergency landings
and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in
operations involving public health and safety.
(4) This ordinance shall not apply to the use of aircraft as an accessory use to agricultural production
as set forth in section 280-13(c)(12).
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 9 of 20 18 of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on July ,20 18 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no,disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20___, and was (approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of theAunty legislative body. City.Town or
(Seal) Village ClerVor officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: August 2,2018
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I,the undersigned,hereby certify that the foregoing local law contains t e correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed here o.
V
Signature
William Duffy,Town Attorney
Damon Hagan,Assistant Town Attorney
Title
Town of SOUTHOLD
Date: August 2,2018
5
n
,.. �8UFF01A'�'i SOLUTION 2018-730
ADOPTED DOC ID: 14385
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-730 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 31, 2018:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 3rd day of July,2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it.
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with
regard to Helicopters" reads as follows:
LOCAL LAW NO. 9 of 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning'
with regard to Helicopters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in
order to better protect the quality of life enjoyed by Southold Town residents.
H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-13 Use regulations.
[Amended 3-14-1989 by L.L. No. 3-19891
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-
1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by
L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-20101
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan
approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by
L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-
27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-
1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by
Resolution 2018-730 Board Meeting of July 31, 2018
L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010]
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-
15 herein:
(12) Use of aircraft in agricultural operations, provided that:
(a) the use has been granted a special exception from the Zoning Board of
Appeals.
(b) in addition to the criteria for a special exception set forth inH
280-142 7143, the ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c) Notwithstanding the forgoing, the use of aircraft shall be limited to
spraying crops, surveying, fields and transporting employees and
shall not be used for transporting non-employees to and from the
subiect premises.
Article XXII. Supplementary Regulations
§ 280-111. Prohibited uses in all districts.
[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L.No. 7-2015; 8-25-2015 by L.L.
No. 7-2015]
C. Uses involving primary production of the following products from raw materials:
charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose;
chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins;
pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal,
coke and tar products, including gas manufacturing; explosives; gelatin, glue and size
(animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural
or synthetic); soaps, including fat rendering; starch.
D The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating
oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill
operations.
E. Operations involving stockyards, slaughterhouses and slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products.Notwithstanding any other provisions of this chapter,
storage facilities with a total combined capacity of more than 20,000 gallons, including
all tanks, pipelines, buildings, structures and accessory equipment designed, used or
Updated: 8/2/2018 10:43 AM by Lynda Rudder Page 2
Resolution 2018-730 Board Meeting of July 31, 2018
intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other
petroleum products, shall not be located within 1,000 feet of tidal waters or tidal
wetlands.
I. Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any
kind onto a public highway, roadway, right-of-way or sidewalk causing a public
nuisance or hazardous condition, or resulting in flooding or pooling in or around
the public area, including neighboring properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the
lawful parking of registered vehicles, upon a public highway, roadway,
right-of-way or sidewalk that unreasonably interferes with the public's use of the
public highway, roadway, right-of-way or sidewalk.
J. Transient rental properties.
K. Aircraft prohibited.
1. Helicopters prohibited. No person, firm or corporation, except those with
prior valid approvals, shall land or cause to be landed, take off or cause to
take off or taxi any helicopter on or from the waters, beaches or on any
land within the Town of Southold.
2. Seaplanes prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any seaplane on or from
the waterways under the jurisdiction of the Town of Southold Board of
Trustees.
3. This ordinance shall not apply to Town owned airfields, medical or police
emerE,ency landings and takeoffs or aircraft involved in medical or
military emergencies, or aircraft involved in operations involving public
health and safety.
4. This ordinance shall not apply to the use of aircraft as an accessory use to
agricultural production as set forth in section 280-13(c)(12).
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
O�a�o.qaxd,
Elizabeth A. Neville
Southold Town Clerk
Updated: 8/2/2018 10:43 AM by Lynda Rudder Page 3
Resolution 2018-730 Board Meeting of July 31, 2018
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 8/2/2018 10:43 AM by Lynda Rudder Page 4
CUSTOMER ONLY
FROM:(PLEASE PRjNT) PHONE( 631- 76C-1 SO-
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Town of Southold EE 186315775 US
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Purchases Return Receipt service If the box is not checked,the Postal Service will leave the Item in the addressee's Date A cepted(MM/DD/YY) Schedu d Delivery Time Insur ce Fee COD Fee
RIM receptacle or other secure locilhon without attempting to obtain the addressee's signature on delivery
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ELIZABETH A.NEVILLE,MMC 0� a®Gy Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ®,j, ®�� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �Ql �� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8, 2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
J
�+Y• A
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
"'Tillage of Greenport *fown of Shelter Island
lown
of Riverhead Town of Southampton
Southold Town Planning Board -Southold Town Trustees
\(Southold Town Assessors 'Southold Town Board of Appeals
,Southold Town Building Department
t
Date:
Signature, Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A.NIEVILLE,MMC p �
Town.Hall,53095 Main Road
TOWN CLEC „; f<`• d:' w P 0,Box 1179
M :
ria 3- Southold,New York 11971
REGISTRAR OF VITAL STATISTICS , `> „• P Fax 631 765-6,145
MARRIAGE OFFICER • ` •�~
Telephone(63,1)765-1800
RECORDS MANAGEMENT OFFICER
.• �':� rs 'www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLEC
TOWN OF SOUTHOLD
September 8,2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this-notice. Thank you.
a
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:, (�.
Si ature, Rece' d By
Ir ( 110 Title:, 0'-m P
Pleasprint name
DUPLICATE TO BE SIGNED AND RETURNED-TO
SOUTHOLD TOWN CLERI(
r
nit
ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road
TOWN CLERK - P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ,s• Fax(631)765-6145
MARRIAGE OFFICER �,�• �y1� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ! ' tl '� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8,2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to,Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
rj /
Date: lql0��
Signature, Received By
Title: / d--uL-rX
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERIC
f
ELIZABETH A.NEVILLE,MMIC ;s'` `` f `°d 5 Town Hall,53095 Main Road
TOWN CLERIC ' 'a PA.Box 1179
�-«� j' Southold,New York 11971
REGISTRAR OF VITAL STATISTICS
Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-18
00
RECORDS MANAGEMENT OFFICER
www.southoldtowany.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERIC
TOWN OF SOUTHOLD
September 8,2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Lave in relation to Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Dater13 I l
Signature, ReceivB-1
ed
Title, CL
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERIC
ELIZABETH A. NEVILLE,MMC "'' 'N Town Hall,53095 Main Road
TOCLERKr w': C P.O.Box 1179
' ;
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � �3�
Fax(631)765-6145
MARRIAGE OFFICER , ` ; .=w -a Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �` x www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER :
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8, 2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Lav in relation to Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature, Receive By j
till_ � ��r Title: J��
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
go
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ' . Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ,� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER i
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8,2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
o�
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Town of Shelter Island
Village of Greenport
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature,Recei d By
Title:.
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
08108/2018 14:59 6317493436 S I TOWN CLERK PAGE 01
�,1fF�t,r
ELIZABETH A. NEVILLE, MMC Town Hall,53095 Main Road
TOWN CLERK � P.O. Box 1179
Southold,New York 1 L971
REG(STRAR oF vITAL STATISTICS Fax(631)765-6143
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER d.( „ � www,southoldtownny.go'v
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8, 2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled,
A Local Law in relation to Chapter 280 Helicopters
Please sign the bottom of this Letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A. Neville
Town Clerk
Q.ttaGkLET1eI1tS
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Dater !�
Signature, Rec ved 1
Title: /dam
please print art�e
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
08/0912018 15: 38 631535606 SOUTHAMPTON TOWN CLK PAGE 01101
ELIZABETH A. NEVILLE, 1VICMC 4'�� �� ��, Town Hall,53095 Main Road
TOWN CLERK � =� K� PO.Dox 1179
el Southold New York 11971
REGISTRAR OF VITAL STATISTICS > � � Fax(651) 765-6145
MARRJACTE OFFICEF s mob, ` Telephone(63l)765-1800
RECORDS MANAGEMENT OFFICER www.southolc �
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK AUG 9 2018
TOWN OF SOUTHOLD
September 8, 2015 Southold Town Clerk
PLEASE TAK.1 NOTICE that the Town board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Chapter 280 helicopters
Please sign the bottorn of this letter and email or fax it 'back to meat your earliest convenience to confmz i
roceipt of this notice. 'Thank you.
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Plarming Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Tower Building Department
Signature, P,eceived By
I
Please print li rne,
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUT14OLD TOWN CLERK 1`d><7
Fri C)
M
�7
C7�
Fir
� gtK� Town Hall,53095 Main Road
ELIZABETH A.NEVILLE,MMC +�' ,,,� � ;��
TOWN CLERK P.O.Box 1179
"'' Southold,New York 11971
REGISTRAR OF VITAL STATISTICS .. ,. Fax(631)765-6145
MARRIAGE OFFICER
.� � Telephone(631)765-1800
�,r � »-
RECORDS MANAGEMENT OFFICER } www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER "
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8,2015
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Chapter 280 Helicopters
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signat r , eccived By
L' ir �G? -..._ �11-
�_ TitleC-'t1iC7�
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
tit
Town T-1011,53095 I4airA Road
LI.,[2AlE3k�'C'Tr3 A.NFVILL ,mmC `{rtir-^ti"`� F.O.Box.1179
^-� Southold,New York T 1971
TOWN CLT ]'* c Fax(631)765-0145
REGISTRAR
OF VITAL STATISTICS
Telephone(031)765-]800
M,ARP,IAOR OFFICER w-ww,southoldtownnY,gov
RECORDS MANAGEMENT OFFICES
FREEDOM OF iNFo'RMA1'I0N OFFICER
OFFICE OFTHE'XO
TOWN Of SOTJ'rHOLD
September 8,201 S
PLC, TAKE NOTiCI~that the Town 13oku'd of t1le Town of Southold has TVNA,CTF-D The propos Local haw
entitl0d;
,A Local Lave in rclOtion to Chapter 280 Helicopters cic to Mc at yo�t earliest canvenicncc to coniirrxt
Maw sign the bottom of lcl.7t v letter and cuzail or fax rt ba
receipt of this notice. Thank Y
Elizabeth .Neville
Town Clerk
Attaclvx�entsLongl Island State park Commission
cc; S'uf'folk County Depal-tment of Planning Town or Shelter Island
Village of Greenport vown of Southampton
Town of Riverhead Southold'1"o Am Trustees ears
Southold Town Planning Board Southold Town Board of App
Southold Town Assessors
South Id Town Bu 1d11'g epaz'Ctnent
Date, I
Ssgnatur ,Re ived B�
Please print name
DUPLICATE U7�OLIJ ")('t71) AN'WN' CL���TURNED TOS•
RECEIVED
AUG 9 2018
I
Southold Town Clerk
i
Southold Town Board -Letter Board Meeting of July 31, 2018
5UFF0(,
p& °� RESOLUTION 2018 730 Item# 5.37
ADOPTED DOC ID: 14385
i
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-730 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 31,2018: i
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280, `Zoning' withregard to Helicopters" and
WHEREAS the Town Board of the Town of Southold hel I a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard,now
therefor be it.
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with
reizard to Helicopters"reads as follows:
LOCAL LAW NO.Q 2018
A Local Law entitled, "A Local Law in relation to Amendment's to Chapter 280, `Zoning'
with regard to Helicopters".
I
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in
order to better protect the quality of life enjoyed by Southold Town residents.
II. Chapter 280 of the Code of the Town of Southold i' hereby amended as follows:
§ 280-13 Use regulations.
[Amended 3-14-1989 by L.L. No. 3-19891
In A-C, R-80,R-120, R-200 and R-400 Districts,no buildil g or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-i989; 11-29-1994 by L.L. No. 25-
1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 bey L.L.No. 8-1997; 7-17-2007 by
L.L.No. 15-2007; 6-15-2010 by L.L. No. 2-2010]
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan
Generated July 31, 2018 ! Page 55
ti
Southold Town Board - Letter Board Meeting of July 31, 2018
approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by
L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-
27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-
1996; 11-12-1997 by L.L.No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by
L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-
15 herein:
(12) Use of aircraft in agricultural operations, provided that:
(a) the use has been lZranted a special exception from the Zoning Board of
Appeals.
(b) in addition to the criteria for a special exception set forth in H
280-142 7 143, the ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c) Notwithstanding the forgoing, the use of aircraft shall be limited to
spraying crops, surveying, fields and transporting employees and
shall not be used for transporting non-employees to and from the
subject premises.
Article XXII. Supplementary Regulations
§ 280-111. Prohibited uses in all districts.
[Amended 11-24-1992 by L.L.No. 26-1992; 8-8-2006 by L.L.No. 7-2015; 8-25-2015 by L.L.
No. 7-2015]
C. Uses involving primary production of the following products from raw materials:
charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose;
chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature;potash; plastic materials and synthetic resins;
pyroxylin; rayon yarn;hydrochloric, nitric, phosphoric,picric and sulfuric acids; coal,
coke and tar products, including gas manufacturing; explosives; gelatin, glue and size
(animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural
or synthetic); soaps, including fat rendering; starch.
D The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating
oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill
Generated July 31, 2018 ' Page 56
Southold Town Board - Letter Board Meeting of July 31, 2018
operations.
E. Operations involving stockyards, slaughterhouses ind slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products.Notwithstanding any other provisions of this chapter,
storage facilities with a total combined capacity of more than 20,000 gallons, including
all tanks,pipelines, buildings, structures and accessory equipment designed,used or
intended to be used for the storage of gasoline, fuel Toil, kerosene, asphalt or other
petroleum products, shall not be located within 1,000 feet of tidal waters or tidal
wetlands. I
I. Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any
kind onto a public highway, roadway, right-of-way or sidewalk causing a public
nuisance or hazardous condition, or resulting in flooding or pooling in or around
the public area, including neighboring properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the
lawful parking of registered vehicles, upon a public highway, roadway,
right-of-way onsidewalk that unreasonably interferes with the public's use of the
public highway, roadway, right-of-way or sidewalk.
J. Transient rental properties.
K. Aircraft prohibited.
1. Helicopters prohibited. No person, firm o�r corporation, except those with
prior valid approvals, shall land or cause to be landed, take off or cause to
take off or taxi any helicopter on or from the waters, beaches or on any
land within the Town of Southold.
2. Seaplanes prohibited. No person, firm or, corporation shall land or cause
to be landed, take off or cause to take off for taxi any seaplane on or from
the waterways under the jurisdiction of the Town of Southold Board of
Trustees.
3. This ordinance shall not apply to Town owned airfields, medical or police
emergency landinl4s and takeoffs or aircraft involved in medical or
military emergencies, or aircraft involved in operations involving public
health and safety.
4. This ordinance shall not apply to the use of aircraft as an accessory use to
agricultural production as set forth in section 280-13(c)(12).
�I
I
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided io be unconstitutional or invalid.
i
Generated July 31, 2018 Page 57
Southold Town Board - Letter Board Meeting of July 31, 2018 `
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
6"o��
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated July 31, 2018 Page 58
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Rudder, Lynda
From: Rudder, Lynda
Sent: Tuesday,July 10, 2018 10:37 AM
To: Bunch, Connie; Cantrell, Elizabeth; Fuentes, Kim; Glew, Claire; Kelly Zegers; Lanza,
Heather; Michaelis,Jessica; Neville, Elizabeth; Norklun, Stacey; Nunemaker, Amanda;
Riverhead Town Clerk; Shelter Island Clerk; Southampton Town clerk; Sylvia Pirillo;
Verity, Mike;Webster, Kevin
Subject: Notice of Public Hearing
Attachments: nta_20180710102943.pdf
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1
r
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY there has been presented to the Town Board of the Town of Southold,
Suffolk County,New York, on the 3rd day of July,2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 31St day of July, 2018 at 7:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,
`Zoning' with regard to Helicopters" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning'
with regard to Helicopters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in
order to better protect the quality of life enjoyed by Southold Town residents.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-13 Use regulations.
[Amended 3-14-1989 by L.L. No. 3-19891
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by.L.L. No. 25-
1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by
L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-20101
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan
approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by
L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-
27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-
1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by
L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010]
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-
15 herein:
(12) Use of aircraft in al4ricultural operations, provided that:
(a) the use has been granted a special exception from the Zoning Board of
Appeals.
(b) in addition to the criteria for a special exception set forth in U
280-142 7 143, the ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c) Notwithstanding the forgoing, the use of aircraft shall be limited to
spraying crops, surveying, fields and transporting employees and
shall not be used for transporting non-employees to and from the
subject premises.
Article XXII. Supplementary Regulations
280-111. Prohibited uses in all districts.
[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L.
No. 7-2015]
C. Uses involving primary production of the following products from raw materials:
charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose;
chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins;
pyroxylin; rayon yarn; hydrochloric, nitric,phosphoric, picric and sulfuric acids; coal,
coke and tar products, including gas manufacturing; explosives; gelatin, glue and size
(animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural
or synthetic); soaps, including fat rendering; starch.
D The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating
oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill
operations.
E. Operations involving stockyards, slaughterhouses and slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products. Notwithstanding any other provisions of this chapter,
storage facilities with a total combined capacity of more than 20,000 gallons, including
all tanks, pipelines, buildings, structures and accessory equipment designed, used or
intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other
petroleum products, shall not be located within 1,000 feet of tidal waters or tidal
wetlands.
I. Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any
kind onto a public highway, roadway, right-of-way or sidewalk causing a public
nuisance or hazardous condition, or resulting in flooding or pooling in or around
the public area, including neighboring properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the
lawful parking of registered vehicles, upon a public highway, roadway,
right-of-way or sidewalk that unreasonably interferes with the public's use of the
public highway, roadway, right-of-way or sidewalk.
J. Transient rental properties.
K. Aircraft prohibited.
1. Helicopters prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any helicopter on or from
the waters, beaches or on any land within the Town of Southold.
2. Seaplanes prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any seaplane on or from
the waterways under the jurisdiction of the Town of Southold Board of
Trustees.
3. This ordinance shall not apply to Town owned airfields, medical or police
emer1jency landinlIs and takeoffs or aircraft involved in medical or
military emergencies.
4. This ordinance shall not apply to the use of aircraft as an accessory use to
agricultural production as set forth in section 280-13(c)(12).
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Dated: July 3, 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A.Neville
Southold Town Clerk
PLEASE PUBLISH IN THE JULY 12, 2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
r ,
Southold Town Board - Letter Board Meeting of July 3, 2018
RESOLUTION 2018-660 Item# 5.44
oQ
ADOPTED DOC ID: 14318
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-660 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 3,2018:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
31" day of July, 2018 at 7:31 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,
`Zoning' with regard to Helicopters" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning'
with regard to Helicopters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in
order to better protect the quality of life enjoyed by Southold Town residents.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-13 Use regulations.
[Amended 3-14-1989 by L.L. No. 3-19891
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-
1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by
L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010]
B. Uses permitted by special exception by the Board of Appeals. The following uses are
Generated July 6, 2018 Page 58
r �
Southold Town Board - Letter Board Meeting of July 3, 2018
permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan
approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by
L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-
27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No. 20-
1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L:No. 26-1998; 10-25-2005 by
L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-
15 herein:
(12) Use of aircraft in agricultural operations, provided that:
(a) the use has been granted a special exception from the Zoning Board of
Appeals.
(b) in addition to the criteria for a special exception set forth in §�
280-142 7 143, the ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c) Notwithstanding the forgoing, the'use of aircraft shall be limited to
spraying crops, surveying, fields and transporting employees and
shall not be used for transporting non-employees to and from the
subject premises.
Article XXII. Supplementary Regulations
� 280-111. Prohibited uses in all districts.
[Amended 11-24-1992 by L.L.No. 26-1992; 8-8-2006 by L.L.No. 7-2015; 8-25-2015 by L.L.
No. 7-2015]
C. Uses involving primary production of the following products from raw materials:
charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose;
chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins;
pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal,
coke and tar products, including gas manufacturing; explosives; gelatin, glue and size
(animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural
or synthetic); soaps, including fat rendering; starch.
D The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating
Generated July 6, 2018 Page 59
Southold Town Board - Letter Board Meeting of July 3, 2018
oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill
operations.
E. Operations involving stockyards, slaughterhouses and slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products.Notwithstanding any other provisions of this chapter,
storage facilities with a total combined capacity of more than 20,000 gallons, including
all tanks,pipelines, buildings, structures and accessory equipment designed, used or
intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other
petroleum products, shall not be located within 1,000 feet of tidal waters or tidal
wetlands.
I. Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any
kind onto a public highway, roadway, right-of-way or sidewalk causing a public
nuisance or hazardous condition, or resulting in flooding or pooling in or around
the public area, including neighboring properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the
lawful parking of registered vehicles, upon a public highway, roadway,
right-of-way or sidewalk that unreasonably interferes with the public's use of the
public highway, roadway, right-of-way or sidewalk.
J. Transient rental properties.
K. Aircraft prohibited.
1. Helicopters prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any helicopter on or from
the waters, beaches or on any land within:the Town of Southold.
2. Seaplanes prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any seaplane on or from
the waterways under the jurisdiction of the Town of Southold Board of
Trustees.
3. This ordinance shall not apply to Town owned airfields, medical or police
emergency landinjZs and takeoffs or aircraft involved in medical or
military emergencies.
4. This ordinance shall not apply to the use of aircraft as an accessory use to
agricultural production as set forth in section 280-13(c)(12).
Generated July 6, 2018 Page 60
" P
Southold Town Board - Letter Board Meeting of July 3, 2018
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated July 6, 2018 Page 61
, 1
®�
�ti- t3 SSW "41
ELIZABETH A.NEVILLE,MMC CpY W Town Hall,53095 Main Road `
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 10, 2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on July 31, 2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attac nts
cc: VSuffolk County Dept of Planning, Pfong Island State Park Commission
Email, own of Riverhead Town of Shelter Island
.Y4own of Southampton r9outhold Building Dept
—�+� outhold Planning Dept v'Southold Trustees
—Z Southold Assessors Southold ZBA Y 'w
,"Village of Greenport
Signature, Received by Date
Please print name Title
��FFOt,�►
ELIZABETH A.NEVILLE,MMC ®� �0 Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 0 • Fax(631)765-6145
MARRIAGE OFFICER ,y ®�. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK RECEIVED o® rll
TOWN OF SOUTHOLD C - `-'
J U L 2 0 2018 � ==-.A
July 10, 2018 C-
Southold Town Clet -u—
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HjbAldl 1G on
the proposed Local Law listed below on July 31, 2018 at the Southold Town Hall, 53095 Main Rosi, Sthold,
c� ,
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
E%zeatflqe7i I I"e .
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email:-Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold_ZBA
ilia eof G e
7/3 f,
S afore, Recei d Date
c �o-&we(
Please print name Title
f
ELIZABETH A.NEVILLE,MMC �� Town Hall,53095 Main Road
P.O.Box 1179
TOWN CLERK
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS . Fax(631)765-6145
MARRIAGE OFFICER � . Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �d► �� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
i
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 10, 2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on July 31,2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sigh this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Coirunission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Green A. ,✓ y
71
Signature,Received by Date
VV /
Please print name Title
07/10/2018 16:00 6312835606 SOUTHAMPTON TOWN CLK PAGE 01101
Z E A 'NE"�?J[1LLE;Iv"C I Tawe Hall,53095 Mein Load
P.O:Box 1179
TOWN CI '' SouC$old,New'Yoirk 11971.
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July 25,2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a_PUBLIC_HEARING on ,
the proposed Local Law listed below on July 31,2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
i
z
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
�- -- ) 2�
Signature, Received by Date
Please print name Title
July 24, 2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on July 31, 2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature, Received by Dat
00,
1 h (A)6-o�r
Please print name Title
gfvot
ELIZABETH A.NEVILLE,MMC- Town Hall,53095 Main Road
y
TOWN CLERK ' P O.Box 1179 !
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS i Fax 631 765-6145"
" ;' " ( )
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER c ,` www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THETOWN CLERK `
TOWN OF SOUTHOLD
July 10,2018
d
5
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed-Local Law listed below on July 31,2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me,at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
V'llage o Greenport
Y -- r — 7
igja ure, lZeceive by to '
P
D
Pea print name Title
ELIZABETH A.NEVILLE,MMC ® ® Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
coo
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER p Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER '�®,l `� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 10, 2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on July 31, 2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY: -
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Q
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
3 "
Signature, Received by Date
Please print name Title
t
07/12/2018 07:43 6317493436 S I TOWN CLERK PAGE 01
ELIZABETH A.NEVILLE,MMC ,. Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS IVA ► Fax (631)765-6145
MARRIAGE OFFICER ,�ti. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ,( �'� www.southoldtowrmy.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOVTHOLD
July 10, 2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Focal Law listed below on July 31, 2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park,Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature, R ceived Datc
0=6 WA
Please print rkme V Title
RECEIVE[
JUL 1 2 2018
Southold Town Clerk
4
ELUANUM&NEVILLE MMC Town Hall,53095 in toad
In one(631)765-1802
543751 QVIMCLERK P.O.Box 117
P.O.Box 1179
'mac Southold,New YorkF jj§�131)765-9502
,�
STATISTICS : Fax(631)765-6145
"
So CI'c� M- rFFICER ', Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
BUILDING DEPARTMENT
0FFf6TW 11M0' CDERK
TOWN OF SOUTHOLD
July 10,2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on July 31,2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
97,/0//.5
Signature, Rec by Date
Z7 A/, *Please print name Title
a
ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road
P.O.Box 1179'
TOWN CLERK Southold,New York 11971
REGISTRAR OF VITAL STATISTICS " ° Fax(631)765-6145
" Telephone 631 765-1800
MARRIAGE OFFICER �r �-' "sP ( )
RECORDS MANAGEMENT OFFICER wwWoutholdtownny.gov
FREEDOM OF INFORMATION OFFICER r '
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 10, 2018
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC-HEARING on
the proposed Local Law listed below on July 31,2018 at the Southold Town Hall, 53095 Main Road, Southold,
NY:
A Local Law in relation to Chapter 280 Helicopters
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments -
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
i'lla of reenp
SignOe,`Received by Date
GO,ha/ T�itlea
Please print name
'+���
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY there has been presented to the Town Board of the Town of Southold,
Suffolk County,New York, on the P day of July, 2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 31" day of July, 2018 at 7:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,
`Zoning' with regard to Helicopters" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning'
with regard to Helicopters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in
order to better protect the quality of life enjoyed by Southold Town residents.
I1. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-13 Use regulations.
[Amended 3-14-1989 by L.L. No. 3-19891
In A-C, R-80,R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except he following:
A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-
1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by
L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-20101
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan
approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by
L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1-994;-12-
27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-
1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by
L.L. No. 18-2005; 6-I5-2010 by L.L. No. 2-20101
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-
15 herein:
(12) Use of aircraft in agricultural opera ions, provided that:
f
(a) the use has been granted a special exception from the Zoning Board of
Appeals.
(b) in addition to the criteria for a special exception set forth in §§
280-142 7 143, the ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c) Notwithstanding the forgoing, the use of aircraft shall be limited to
spraying crops, surveying, fields and transporting employees and
shall not be used for transporting non-employees to and from the
subject premises.
Article XXII. Supplementary Regulations
280-111. Prohibited uses in all districts.
[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L.No. 7-2015; 8-25-2015 by L.L.
No. 7-2015]
C. Uses involving primary production of the following products from raw materials:
charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose;
chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins;
pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal,
coke and tar products, including gas manufacturing; explosives; gelatin, glue and size
(animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural
or synthetic); soaps, including fat rendering; starch.
D The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying -metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products; such as gasoiines. kerosene, naphtha and lubricating
oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill
operations.
E. Operations involving stockyards; slaughterhouses and slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products. Notwithstanding any other provisions of this chapter,
storage facilities with a total combined capacity of more than 20,000 gallons, including
all tanks, pipelines, buildings, structures and accessory equipment designed, used or
intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other
petroleum products, shall not be located within 1,000 feet of tidal waters or tidal
wetlands.
I. Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any
kind onto a public highway, roadway, right-of-way or sidewalk causing a public
nuisance or hazardous condition, or resulting in flooding or pooling in or around
the public area, including neighboring properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the
lawful parking of registered vehicles, upon a public highway, roadway,
right-of-way or sidewalk that unreasonably interferes with the public's use of the
public highway, roadway,right-of-way or sidewalk.
J. Transient rental properties.
K. Aircraft prohibited.
1. Helicopters prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any helicopter on or from
the waters, beaches or on any land within the Town of Southold.
2. Seaplanes prohibited. No person, firm or corporation shall land or cause
to be landed, take off or cause to take off or taxi any seaplane on or from
the waterways under the jurisdiction of the Town of Southold Board of
Trustees.
3. This ordinance shall not apply to Town owned airfields, medical or police
emergency landings and takeoffs or aircraft involved in medical or
military emergencies.
4. This ordinance shall not apply to the use of aircraft as an accessory use to
agricultural production as set forth in section 280-13(c)(12).
III. SEVERABILITY
If y clause, sentence,paragraph, section_ or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid_ the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon fling with the Secretary of State as provided
by law.
Dated: July ), 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A.Neville
Southold Town Clerk
PLEASE PUBLISH IN THE JULY 12, 2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
i
t \
Reso 2018-660
SUMMARY OF LL/AMENDMENT TO CHAPTER 280
"Zoning"
THE PROPOSED LOCAL LAW WHICH FOR WHICH A PUBLIC HEARING IS
BEING HELD PROPOSES TO AMEND CHAPTER 280 ENTITELD "ZONING"
WITH REGARDS TO THE USE OF HELICOPTERS AND SEAPLANES.
SPECIFICALLY, IF ADOPTED, THE PROPOSED LOCAL LAW WOULD
AMEND SECTION 280-11 ENTITLED "PROHIBITED USES IN ALL
DISTRICTS" BY PROHIBITING, WITH CERTAIN EXCEPTIONS, THE
LANDING, TAKE OFF AND TAXI OF HELICOPTERS AND SEAPLANES IN ALL
ZONING DISTRCITS WITHIN THE TOWN.
EXCEPTIONS TO THIS PROHIBITION INCLUDE AIRCRAFT INVOLVED IN
MEDICAL AND POLICE EMERGENCIES, MILITARY OPERATIONS, AND
AIRCRAFT USED IN OPERATIONS RELATED TO PUBLIC HEALH AND
SAFETY.
IN ADDITION, THE PROPOSED LOCAL LAW PROPOSES TO AMEND
SECTION 280-13(C) BY ADDING "USE OF AIRCRAFT IN AGRICULTURAL
OPERATIONS" AS AN ACCESSORY USE PERMITTED BY A SPECIAL
EXCEPTION GRANTED BY THE ZONING BOARD OF APPEALS.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S
WEBSITE
#0002237010
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of
Southold,County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 07/12/2018
Zee
Principal Clerk
I
Sworn to before me this day of
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No O1V06105050
Qualified in Suffolk Coun1Y
My Commrssron Fwprres February 28,2020
M I
rTYPES`$fr Mon Jul 09 15 47 51 EDT 2018
(c) Notwithstanding the forgoing, any seaplane on or from the waterways
LEGAL NOTICE the use of aircraft shall be limited to under the .jurisdiction of the Town of
NOTICE OF PUBLIC HEARING spraying crops, surveying, fields and Southold Board of Trustees.
NOTICE IS HEREBY there has been pre- transporting employees and shall not be 3. This ordinance shall not apply to Town
sented to the Town Board of the Town of used for transporting non-employees to owned airfields, medical or police emer-
Southold,Suffolk County,New York,on the and from the subject premises. gency landings and takeoffs or aircraft in-
3rd day of July,2018,a Local Law entitled Article XXII.Supplementary Regulations volved in medical or military emergencies.
"A Local Law in relation to Amendments §280-111 Prohibited uses in all districts 4. This ordinance shall not apply to the
to Chapter 280, `Zoning' with regard to [Amended 11-24-1992 by L L No.26-1992, use of aircraft as an accessory use to agri-
Helicopters"and 8-8-2006 by L L No 7-2015,8-25-2015 by cultural production as set forth in section
NOTICE IS HEREBY FURTHER L.L.No 7-20151 280-13(c)(12).
GIVEN that the Town Board of the Town of C Uses involving primary production of HI. SEVERABILITY
Southold will hold a public hearing on the the following products from raw materials- If any clause,sentence,paragraph,section,or
aforesaid Local Law at the Southold Town charcoal and fuel briquettes;chemicals,ani- part of this Local Law shall be adjudged by
Hall,53095 Main Road,Southold,New York, line dyes, carbide, caustic soda, cellulose, any court of competent jurisdiction to be in-
on the 31st day of July,2018 at 7:31 p.m.at chlorine,carbon black and bone black,creo- valid,the judgment shall not affect the valid-
which time all interested persons will be sote,hydrogen and oxygen;industrial alco- ity of this law as a whole or any part thereof
given an opportunity to be heard hol,nitrates of an explosive nature;potash; other than the part so decided to be unconsti-
The proposed Local Law entitled,"A Lo- plastic materials and synthetic resins,pyrox- tutional or invalid
cal Law in relation to Amendments to ylm,rayon yam;hydrochloric,nitric,phos- IV. EFFECTIVE DATE
Chapter 280,`Zoning'with regard to Heli- phoric,picric and sulfuric acids,coal,coke This Local Law shall take effect immediately
copters"reads as follows, and tar products, including gas man- upon filing with the Secretary of State as
LOCAL LAW NO.2018 ufacturing,explosives,gelatin,glue and size provided by law.
A Local Law entitled,"A Local Law in (animal); linoleum and oil cloth, matches, Dated:July 3,2018
'relation to Amendments to Chapter 280, paint,varnishes and turpentine,rubber(nat- BY THE ORDER OF THE
`Zoning'with regard to Helicopters". ural or synthetic);soaps,including fat render- SOUTHOLD TOWN BOARD
BE IT ENACTED by the Town Board of the ing,starch Elizabeth A Neville
Town of Southold as follows D The following processes Southold Town Clerk
I. Purpose. (I) Nitrating of cotton or of other materi-
To modify and clarify certain provision of the als.
Town Code as it pertains to helicopters in (2) Milling or processing of flour
order to better protect the quality of life en- (3) Magnesium foundry.
joyed by Southold Town residents (4) Reduction,refining,smelting and al-
H. Chapter 280 of the Code of the Town of loying metal or metal ores.
Southold is hereby amended as follows- (5) Refining secondary aluminum.
§280-13 Use regulations (6) Refining petroleum products,such as
[Amended 3-14-1989 by L.L.No.3-19891 gasolmes,kerosene,naphtha and lubricating
In A-C,R-80,R-120,R-200 and R-400 Dis- oil.
tricts,no building or premises shall be used (7) Distillation of wood or bones
and no building or part of a building shall be (8) Reduction and processing of wood
erected or altered which is arranged,intended pulp and fiber,including paper mill
or designed to be used,in whole or in part,for operations
any uses except the following E Operations involving stockyards,
A. Permitted uses [Amended 5-23-1989 slaughterhouses and slag piles
by L.L.No.8-1989;11-29-1994 by L.L.No. F Storage of explosives
25-1994;11-29-1994 by L.L.No.26-1994; G Quarries
5-13-1997 by L.L.No.8-1997;7-17-2007 by H Storage of petroleum products.Notwith-
L.L. No. 15-2007; 6-15-2010 by L.L.No. standing any other provisions of this chapter,
2-20101 storage facilities with a total combined capac-
B Uses permitted by special exception by ity of more than 20,000 gallons,including all
the Board of Appeals The following uses are tanks,pipelines,buildings,structures and ac-
permitted as special exception by the Board of cessory equipment designed,used or intended
Appeals,as hereinafter provided,and,except to be used for the storage of gasoline,fuel oil,
for the uses set forth in Subsections B(1),(13) kerosene, asphalt or other petroleum pro-
and(14)hereof,are subject to site plan ap- ducts,shall not be located within 1,000 feet of
proval by the Planning Board [Amended tidal waters or tidal wetlands
3-14-1989 by L.L.No.3-1989;5-20-1993 by I. Encumbrances to public roads
L.L. No. 6-1993; 12-21-1993 by L.L. No. (1) No person shall intentionally dis-
3-1989; 11-29-1994 by L.L. No. 26-1994; charge or cause to be discharged any water of
12-27-1994 by L.L.No.30-1994;2-7-1995 any kind onto a public highway, roadway,
by L.L.No.3-1995;11-12-1996 by L.L.No. right-of-way or sidewalk causing a public
20-1996; 11-12-1997 by L.L.No.26-1997; nuisance or hazardous condition,or resulting
12-8-1998 by L.L.No.26-1998;10-25-2005 in flooding or pooling in or around the public
by L.L.No.18-2005;6-15-2010 by L.L.No. area,including neighboring properties
2-20101 (2) No person shall place or cause to be
C Accessory uses,limited to the following placed obstructions of any kind,except the
uses and subject to the conditions listed in§ lawful parking of registered vehicles,upon a
280-15 herein: public highway, roadway, right-of-way or
(12) Use of aircraft in agricultural op- sidewalk that unreasonably interferes with the
erations,provided that: public's use of the public highway,roadway,
(a) the use has been granted a spe- right-of-way or sidewalk
cial exception from the Zoning Board of J Transient rental properties.
Appeals. K.Aircraft prohibited.
(b) in addition to the criteria for a 1. Helicopters prohibited. No person
special exception set forth in§§280-142 7 firm or corporation shall land or cause to
143,the ZBA shall considering the follow- be landed,take off or cause to take off or
ing criteria: taxi any helicopter on or from the waters,
(1) the anticipated frequency of beaches or on any land within the Town of
flights Southold.
(2) the location of the proposed 2. Seaplanes prohibited.No person,firm
landing and take-off zone or corporation shall land or cause to be
(3)the location of residences landed,take off or cause to take off or taxi
(4)the type of aircraft being used
f
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 91h day of July , 2018, a notice of which the
annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County,New York,to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
PH 7/317:31 pm—Local Law in relation to Helicopters
Y_ z.-A f rin. -4 1
r
zabeth A.Neville
outhold Town Clerk
Sworn before me this
9th day of Jul , 2018.
I
g"_�
Notary Public
LYNDA M. RUDDER
Notary Public,State of New York
No.01 RU6020932
Qualified in Suffolk county
commission Expires March 8,20-Q
RECEIVED
JUL 2 6 2018
Steven Bellone
SUFFOLK COUNTY EXECUTIVE Southold Town Clerk
Department of
Economic Development and Planning
Theresa Ward
Deputy County Executive and Commissioner Division of Planning
and Environment
July 19, 2018
Town of Southold
53095 Main Road
P.O. Box 1179 5�1
Southold,NY 11971
Attn: Elizabeth Neville
Applicant: Town of Southold
Zoning Action: Local Law in Relation to
To Chapter 280 Helicopters
S.C.P.D. File No.: SD-18-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code,the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an-approval or disapproval.
Very truly yours,
Sarah Lansdale
Director of Planning
4::��'
Andrew P. Freleng
Chief Planner
APF/cd
LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL H1NY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
3
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Wednesday,July 25, 201811:54 AM
To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio;
Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda;
Russell, Scott; Silleck, Mary,Tomaszewski, Michelle;William Ruland
Subject: C'nmmant PH 7/31/1 R 7.31 P_M - Halicn tPrc
Attachments: Re_20180725114708.pdf
FYI
Elizabeth A. Neville, MMC
Southold Town Clerk,Registrar of Vital Statistics
Records Management Officer;FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
i
VAN NoSTRAND & MARTIN �� �' � 2019
ATTORNEYS AT LAW
53 BROADWAY Vt7���"Od'faW�` l
AMITYVILLE,NEw YORK 11701
LEROY VAN NosnuND,JR.1959-2012 TEL 631-264-0303
HUMBERT O.MARTIN,JR.1959-1989 FAX 631-264-0314
WILLIMM C.MORRELL EMAIL:vannostrand@optonline.net
DAVID S.DESMOND THIS NUMBER AND EMAIL ADDRESS MAY NOT BE
USED FOR SERVICE OF PROCESS
OR LITIGATION DOCUMENTS
July 23, 2018
Town of Southold
Bill Duffy, Town Attorney via overnight mail
Town Hall Annex and email: bill.duffy@town.southold.ny.us
54375 Route 25
P.O. Box 1179
Southold,NY 11971
Re: Proposed LL Chapter 280 Helicopters
Mattituck Airport
Dear Mr. Duffy,
Our office represents Mattituck Airport, LLC the owner of Mattituck Airport. We are submitting
this letter on behalf of our client in advance of the upcoming public hearing scheduled for July
31,2018 regarding proposed LL Chapter 280 Helicopters.
Background:
Mattituck Airport is a privately owned airport that was established in and around 1946 on what is
now designated as Suffolk County Tax Map number 1000-123.00-01.00-002.002. The airport
has been in continuous use as an airport since that time. Various aircraft use the airport
including single engine planes and helicopters.
The Town is Preempted by Federal Law from Regulating Helicopter Use at Mattituck
Airport
As is codified in the Federal Aviation Act, the United States Government has exclusive
sovereignty of airspace in the United States. 49 U.S.C. § 40103(a). The Administrator of the
Federal Aviation Administration (FAA) is responsible for the development of plans and policies
for the use of navigable airspace so as to ensure the safety of aircraft and the efficient use of
airspace.Id. § 40103(b).
,
t
VAN NOSTRAND & MARnN
July 23,2018
B. Duffy,Town Attorney
Page 2
In addition, the Federal Airport and Airway Improvement Act, 49 U.S.C. § 47101, is an
expression of pervasive federal policies in the specific area of airports and airport improvements.
Among the relevant federal policies set forth in this legislation are "that the safe operation of the
airport and airway system is the highest aviation priority," id. § 47101(a)(1); "that' aiiport
construction and improvement projects that increase the capacity of the facilities to
accommodate passenger and cargo traffic be undertaken to the maximum feasible extent so that
safety and efficiency increase and delays decrease," id. § 47101(a)(7); and "that the airport
improvement program be administered to encourage projects that employ innovative technology,
(including integrated in-pavement lighting systems for runways and taxiways and other runway
and taxiway incursion prevention devices), concepts, and approaches that will promote safety,
capacity, and efficiency improvements in the construction of airports and in the air transportation
system." Id. § 47101(a)(11).
In City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973), the Supreme Court held
that a city ordinance prohibiting jet aircraft from taking off from an airport between the hours of
11 p.m. and 7 a.m. was invalid because Congress, by its enactment of the Federal Aviation Act
(and the Noise Control Act), had preempted state and local control over aircraft noise. Accord
American Airlines, Inc. v. Town of Hempstead, 398 F.2d 369, 376 n.4 (2d Cir. 1968) (town's
noise ordinance as applied to aircraft was held invalid; "[i]n some situations, federal legislation
and regulation [are] so pervasive as to rule out all state and local attempts to regulate in the areas
thus 'preempted' by the federal government"); see also Blue Sky Entertainment, Inc. v. Town of
Gardiner, 711 F. Supp. 678, 693 (N.D.N.Y. 1989) (since the FAA has pervasive authority in the
realm of parachute jumping, town's regulation on arrangement and size of target and drop zone
for parachute jumping center was preempted); Friends of the E. Hampton Airport, Inc. v. Town
of E. Hampton, 842 F.3rd 133 (2d Cir. 2016). Referring to the intensive and exclusive federal
control over the operation of aircraft, the Court in City of Burbank quoted Justice Jackson's
concurrence from Northwest Airlines, Inc. v. Minnesota, 322 U.S. 292, 303 (1944):
Planes do not wander about in the sky like vagrant clouds. They move only by
federal permission, subject to federal inspection, in the hands of federally certified
personnel and under an intricate system of federal commands. The moment a ship
taxis onto a runway it is caught up in an elaboratesystem of controls.
411 U.S. at 633-34 (emphasis added).
In Burbank-Glendale-Pasadena Airport Authority v. City of Los Angeles, 979 F.2d 133 8 (9" Cir.
1992) the city unsuccessfully attempted to require its approval for any building permit or
certificate of occupancy for the construction or reconstruction of any runway or taxiway at an
airport. In citing the Supreme Court precedent from the City of Burbank the court stated that
VAN NOSTRAND & MARTIN
July 23,2018
B. Duffy, Town Attorney
Page 3
"[i]t is settled law that non-proprietor municipalities are preempted from regulating airports in
any manner that directly interferes with aircraft operations." Id. at 1340. See also, Gary
Leasing, Inc. v. Town Board of Town of Pendleton, 127 Misc. 2d 194, 485 N.Y.S.2d 693 (Sup.
Ct. 1985); People v. Santoriello, 183 Misc. 2d 54, 702 N.Y.S.2d 539 (Crim. Ct., City of New
York 1999) (court held that the Federal Aviation Act and the authority of the FAA to prescribe
air traffic regulations necessary to ensure the safety of aircraft and the efficient use of airspace
would preempt city administrative code making it unlawful to tow a banner from or upon an
aircraft over the limits of the city); United States v. City of Berkeley, 735 F. Supp. 937 (E.D. Mo.
1990)(federal government obtained a permanent injunction that stopped the city from interfering
with the construction of a radar system at an airport within city limits by means of a special use
permitting process).
Accordingly, the town is preempted by Federal Law from regulating helicopter use at Mattituck
Airport.
Mattituck Airport is a Preexisting Non-Conforming Use within the Town of Southold
On April 9, 1957 the Town Board of the Town of Southold adopted a zoning code, which was
amended in its entirety on November 23, 1971. (see Southold Town Code Chapter 280: Zoning).
As the Mattituck Airport has been in continuous use as an airport since 1946, prior to the
enactment of the town zoning code, it is, as a matter of law, a preexisting non-conforming use. I
am also advised that the Town Attorney's office has recognized that Mattituck Airport is a
preexisting non-conforming use within the Town of Southold.
Should the Town Adopt a Helicopter Code it Must Expressly Exempt Mattituck Airport
A similar town code regarding helicopter use was enacted by the Town of East Hampton. (see
Easthampton Town Code Chapter 73 - Aircraft). A copy of same is annexed hereto for your
ready reference. You will note that the Town of East Hampton expressly excepted the Town
Airport and Montauk Airport, a private airport, from the helicopter code.
Should the Town Board adopt a helicopter code, it is respectfully submitted that the code must
expressly exempt or exclude Mattituck Airport from the helicopter code for the reasons set forth
in this correspondence.
VAN NOSTRAND & MARTIN
July 23, 2018
B.Duffy,Town Attorney
Page 4
Please feel free to contact me should you have any questions.
Sincerely,
Van Nostrand&Martin
by:
Desmo
cc: Supervisor Scott A. Russell,via email: scott.russell@town.southold.ny.us
Trustee Robert Ghosio, via email: bob.ghosio@town.southold.ny.us
Elizabeth A.Neville, Town Clerk via email: e.neville@town.southold.ny.us
S. Marsh
P.Pawlowski
7/9/2018 Town of East Hampton,NY
Town of East Hampton,NY
Monday,luly, 9,2018
Chapter 73. Aircraft
[HISTORY.Adopted by the Town Board of the Town of East Hampton 7-3-198o by Ord.No.49,amended in Its
entirety 6-2-1989 Subsequent amendments noted where applicable.]
GENERALREFERENCES
Airport—See Ch.75
Waterways—See Ch.246,Art.I.
Zoning—See Ch 255•
§ 73-1• Aircraft prohibited.
A. Helicopters prohibited. No person, firm or corporation shall land or cause to be landed, take off or
cause to take off or taxi any helicopter on or from the waters,beaches or on any land within the Town of
East Hampton except on Gardiner's Island and at the Town Airport and the Montauk Airport.
B. Seaplanes prohibited. No person,firm or corporation shall land or cause to be landed,take off or cause
to take off or taxi any seaplane on or from the following waterways.
(i) Three Mile Harbor.
(2) Fort Pond.
(3) Northwest Creek.
(4) Napeague Harbor.
(5) Wainscott Pond.
(6) Georgica Pond.
(7) Hog Creek.
§ 73-2. Exceptions.
A This ordinance shall not apply to seaplanes or helicopters landing on waters abutting Gardiner's Island
or in Gardiner's Bay and taxiing onto any beaches fronting Gardiner's Bay, provided that all conditions of
Chapter 246 of the Town Code, all conditions of § 245 of the New York General Business Law, all
applicable regulations of the Federal Navigation Law and any applicable laws of Suffolk County can be
met.
B. This ordinance shall not apply to operational, medical or police emergency landings and takeoffs or
aircraft involved in medical or military emergencies.
§ 73-3• Penalties for offenses.
Any person,firm or corporation violating any provision of this ordinance shall,upon conviction,be subject to
a fine not exceeding the sum of$250 for each offense.
https.//ecode360.com/print/EA0658?guid=9229231&children=true 1/2
Neville. Elizabeth
From: David Desmond <daviddesmond@optonline.net>
Sent: Monday,July 23, 2018 2:01 PM
To: Duffy, Bill
Cc: Russell, Scott; Ghosio, Bob; Neville, Elizabeth
Subject: Mattituck Airport- proposed Town Code re helicopters
Attachments: Itr Town Attorney Duffy 7-23-18.pdf
Dear Mr. Duffy,
Please see correspondence attached.
Please contact me should you have any questions.
Thank you,
DAVID S.DESMOND,ESQ.
VAN NOSTRAND&MARTIN
53 Broadway
Amityville,NY 11701
(631) 264-0303 tel
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1
Rudder, Lynda
From: Tomaszewski, Michelle
Sent: Tuesday,July 31, 2018 3:09 PM
To: Rudder, Lynda
Subject: FW: Rental Permit- SOUTHOLD MAH suggestions
Attachments: Rental Permit- SOUTHOLD MAH suggestions.docx
From: Mary Huettenmoser[mailto:mary@stashluk.com]
Sent:Tuesday,July 31, 2018 2:21 PM
To:Standish, Lauren<Lauren.Standish town.southold.ny.us>;Tomaszewski, Michelle
<michellet@town.southold.nv.us>
Subject: FW: Rental Permit-SOUTHOLD MAH suggestions
Dear Ms. Standish and Ms.Tomaszewski,
Have been unable to reach your office by phone and I did not receive a confirmation of receipt by Supervisor Russell so I
thought I would pass on my comments for this evening's meeting to both of you.
Please let me know that you received this email or if I should be sending it to a different party for consideration at this
evenings Rental Permit Public Hearing meeting.
Thank you for your assistance.
Mary Huettenmoser
From: Mary Huettenmoser [mailto:mary(5)stashluk.com]
Sent: Tuesday, July 31, 2018 1:27 AM
To: 'scott.russell@town.southold.ny.us'
Subject: Rental Permit- SOUTHOLD MAH suggestions
Dear Supervisor Russell,
Regrettably work requires that I be out of town today and it does not look like I will be able to attend the 7:32pm
meeting on Tuesday,July 31, 2018.
1 have done a quick read of the revised version and have included some of my thoughts on the version as written. Thank
you for your consideration.
Hope that you are provided with valuable input and have a productive meeting.
Mary Huettenmoser
i
e
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19th day of June, 2018, a Local Law entitled "A Local Law in relation
to Neighborhood Preservation and Residential Rental Permits"now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
31St day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to
be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as
follows
A Local Law entitled, "A Local Law in relation to Neighborhood Preservation and
Residential Rental Permits" (Based on the legislative intent,might the added words clarify
that the neighborhood preservation portion does not apply to only rental permits?)
207-1 Legislative intent.
A. The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods, prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B. This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code,Building Rehabilitation Code,Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
services. The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter, which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C. Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
207-2 Defmitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL- The official whols charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector,
Chief Building Inspector, Principal Building Inspector, Senior Building Inspector,
Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing
Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town
Investigator, Senior Town Investigator, Ordinance Enforcement Officer or
Ordinance Inspector of the Town of Southold, Stormwater Manager, Town
Engineer and such person(s) shall be certified.as a New York State Code
Enforcement Official, Code Enforcement Officer.
DWELLING- A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY - A building, other than'a or apartment house, (an)
designed for and occupied as a residence by three or more families living
independently of each other.
DWELLING, ONE-FAMILY-A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY- A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each
other.
DWELLING UNIT- A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY- The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or
grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER-Any person, partnership, corporation or other entity who, alone or iointly with
others, shall have legal title to any premises, with or without accompanying actual
possession thereof; or who shall have charge, care or control of any dwelling unit as
a cooperative shareholder or as executor, administrator, trustee, receiver or
guardian of the estate or as a mortgagee in possession, title or control; including but
not limited to a bank or lending institution, regardless of how such possession, title
or control was obtained.
RENT-A return, in money, property or other valuable consideration (including payment
in kind or for services or other thing of value), for use and occupancy or the right to
use and occupancy of a dwelling unit,whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT-A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY- The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or occupants
thereof pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
207-3 Neighborhood preservation requirements.
A. Any
Property subiect to the requirements of this chapter shall comply with all
aspects of Chapter 100 of this Code and shall insure that:
1. Steps, walks, driveways, parking areas and other paved areas shall be
maintained in good repair.
2. Yards shall be kept clean and free of physical hazards and debris.
3. Exterior surfaces of any and all dwellings, structures and accessory
structures, including but not limited to fences that are not inherently
resistant to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall be
maintained free of deterioration, including but not limited to broken or
missing glass, loose or missing shingles or siding, crumbling brick, stone and
mortar and peeling, scaling or deteriorated paint.
4. Dwellings, structures and accessory structures shall be maintained so as to be
free of conditions detrimental to safety or health.
5. Dwellings, structures, accessory structures and property shall be maintained
free of vermin, rodent harborage and infestation. Methods used for
exterminating vermin and rodents shall conform to Suffolk County Health
Department standards.
6. Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse and sewage pursuant to
Suffolk County Health Department standards.
7. Floors, walls, ceilings and fixtures in residential dwellings shall be
maintained in a clean and sanitary condition.
8. No bedroom or sleeping quarters shall have interior key locks or dead bolt
locked doors servicing said bedroom or sleeping quarters.
9. No bedroom shall constitute the only means of access of other bedrooms or
habitable spaces, and bedrooms shall not serve as the only means of egress
from other habitable spaces.
10. Carbon monoxide alarms and detectors shall be installed on every habitable
floor of any dwelling, structure or accessory structure with a carbon
monoxide source, in accordance with the New York State Uniform Fire
Prevention and Building Code and Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
X207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code. (Delete: This appears redundant. ADready stated in 207-3AI0 above)
4207-6 Inspections.
A. No permit shall be issued under any application unless all the provisions of the Code
of the Town of Southold, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York have been complied with.
(Might this fit better under 207-8 B 3)
B. The Code Enforcement Official is authorized to make or cause to be made
inspections, to determine the condition of dwellings and to safeguard the health,
safety, morals and welfare of the public. The Code Enforcement Official or his
designated representative is authorized to enter the subiect premises upon the
consent of the owner.
C. Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of
any premises subject to this chapter without the consent of the owner of the
premises or without a warrant duly issued by an appropriate court.
D. Conflict with other chapters or law. Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or
any other premises subject to this chapter shall be presumed to be rented for a fee
and a charge made if said premises are not occupied by the legal owner thereof. This
Presumption shall be rebuttable.
j[ight this fit better under 207-8 A as 1 and make 1 2)
4207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
any court of competent jurisdiction, for the issuance of a search warrant in order to
conduct an inspection of any premises covered by this chapter where the owner refuses or
fails to allow an inspection of its rental (delete if you want it to be included in neighborhood
preservation as well) premises and where there is reasonable cause to believe that a
violation of this chapter has occurred. The application for a search warrant shall in all
respects comply with the applicable laws of the State of New York.
&207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist-in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
1. It shall be an affirmative defense to a violation of Subsection A of this section
that the rental occupant or occupants is/are immediate family members of
the owner of the subiect premises, as defined in this chapter.
B. Application review; inspection of premises.
1. The Code Enforcement Official or his designee shall review each application
for completeness and reiect incomplete applications.
2. Inspection report. The owner of the rental dwelling unit shall(1) arrange for
an inspection of the unit or units and the premises on which the same are
located by the Code Enforcement Official or his designee employed by the
Town of Southold, or (2) provide to the Code Enforcement Official an
inspection report provided by the Town, signed by either a New York State
licensed professional engineer,New York State licensed architect or home
inspector who has a valid New York State Uniform Fire Prevention Building
Code certification that the structure and the dwelling units contained therein
meet all applicable housing, sanitary, building, electrical and fire codes, rules
and regulations. (Has anydne been in contact with an architect or home
inspector to see if they would even be willing to complete a form attesting to that as
worded?)
C. Rental permit requirements.
1. Rental permit applications shall be in writing on a form provided by the
Town and shall include the owner's name, address and telephone number.
2. Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter. Will a formula be
provided to rental permit applicant to assist them in determining the maximum number?)
3. Rental permits shall contain a description of the unit, including the number
of rooms in the rental dwelling unit, and the dimensions and use of each
such room shall be included.
The name, address and telephone number, if(separate item?)
any, of the managing agent or operator of each such intended rental dwelling
unit shall be included.
4. All applicants must submit a sworn statement that to the best of their
knowledge there are no existing or outstanding violations of any federal, state
or county laws or rules or regulations or of any Town of Southold local laws
or ordinances pertaining to the property.
5. All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning
the restrictions on the number of unrelated persons occupying said residence.
6. All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for all buildings and structures on the property;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ; 4 and 5 are affidavits.
Should this follow 5?
(c) At the discretion of the Code Enforcement Official, an accurate
Property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on
the survey, a site plan prepared by a licensed surveyor or engineer,
drawn to scale, showing all buildings, structures, walks, drives and
other physical features of the premises and the number, location and
access of existing and proposed on-site vehicle parking facilities
7. Each application shall be executed and sworn to by the owner of the
premises.
8. Any additional information required by the Code Enforcement Official.
9. All rental properties containing eight or more rental units shall provide for a
designated site manager, who shall be available to address and resolve any
issues with the property 24 hours a day. The owner of the property must file
the manager's address, telephone number and other contact information
with the Code Enforcement Official within five days of the designation of the
manager or any changes thereto.
D. Notwithstanding the above,no rental occupancy permit shall be required for a
residential care facility licensed under federal, New York State or Suffolk County
guidelines.
E. Renewal of rental permits.
1. A renewal rental permit application signed by the owner shall be completed
and filed with the Code Enforcement Official on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit
application shall contain a copy of the prior rental permit.
2. A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That to the best of their knnowfledge (as in C4)there are no existing or
outstanding violations of any federal,
state or county laws or rules or regulations or of any Town of
Southold local laws or ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior
valid rental permit and application.
3. Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are
located to take place pursuant to Subsection C(2) above.
4. The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date
has passed. If the expiration date has passed, the owner must file a new
application.
F. Registered motor vehicle restrictions.
1. Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle.
X207-9 Revocation of permit.
A. The Code Enforcement Official may revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed to exist
and remain upon the premises for which such permit has been issued, for a period
of 14 business days or more after written, return receipt requested notice and
opportunity to be heard has been given to the permit holder, or the managing agent
of such rental dwelling unit, a violation of the Multiple Residence Law and/or New
York State Uniform Fire Prevention and Building Code or a violation of this
chapter or other chapter of the Town Code. Revocation of a permit under this
subsection cannot be done by a devisee or assistant of the Code Enforcement
Official.
B. An appeal from such revocation may be taken by the permit holder to the Town
Board, by written request, made within 30 days from the date of such revocation.
The Town Board shall hold a public hearing on such appeal after receipt of written
request of such appeal, and after such hearing shall make written findings and
conclusions and a decision either sustaining such permit revocation or reinstating
such permit within 30 days after close of such public hearing. Unless the Town
Board directs otherwise in circumstances constituting serious threats to health and
safety, the filing of an appeal shall stay the effectiveness of a permit revocation until
the Town Board has considered and ruled upon the issue.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee $200.00 to the Town
Clerk with the written request for the appeal.
&207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing.No Real Estate Broker or agent shall
list or otherwise advertise, or offer for lease any rental dwelling unit for which a
current rental permit has not been issued by the Code Enforcement Official.
X207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
&207-12 Penalties for offenses.
A. Any person, association, firm or corporation which violates any provision of this
chapter or assists in the violation of any provision of this chapter shall be guilty of a
violation, punishable: Any thought to 1St contact as a warning and individual given
an opportunity to correct the infraction? Seems harsh since some requirements in the new
Local Law could be open to interpretation.
1. By a fine not less than $500 and not exceeding$5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
2. By a fine not less than $1,000 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
two offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law . 10(1)(ii) a(9-a) and
10(1)(ii)d(3) and pursuant to � 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law &268 and any other statute or local law to the
extent necessary to increase the minimum and maximum penalties contained
therein.
X207-13 Implementation.
III. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in said iudgment.
IV. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. Applications for a
rental permit shall be accepted upon the effective date of this chapter. However, in order
to afford property owners a sufficient amount of time toapply for and obtain a rental
permit as set forth herein, no violation of this chapter will be charged prior to August 1,
2019. (Please consider changing to September 3, 2019. Most, if not all, of the rentals in my
neighborhood are for the summer months only. Realtor contracts go out the end of the
year. Returning guests sign in January. This would provide the town with enough time to
complete all application reviews and inspections without negatively impacting realtor and
commercial businesses.
Dated: June 19, 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH IN THE JULY 12, 2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1)AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
Twomey, Latham, Cefe&rating our 45thYar
MAILING ADDRESS:
Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398
Riverhead,New York 11901-9398
Attomeys at Law MAIN OFFICE:
Thomas A.Twomey,Jr. 33 West Second Street
(1945.2014) Riverhead,New York 11901-9398
Stephen B.Latham Telephone:631,727.2180
John E Shea,III Facsimile:631.727.1767
Christopher D.Kelley
David M.Dubin a wwtiv.suffolklaw.com
Jay R Quartararo mfinncganca,suffolklaw•.com
Peter M.Mott Extension 265
Janice L.Snead Direct Fax: (631)574-1258
Anne Mane Goodale July 31, 2018
Bryan C.Van Cott•
Kathryn Dalli
Laura I.Dunathan
Lisa Clare Kombrink RECEIVED
Patrick B Fife Via Electronic Mail
Martin D.Finnegan,
Reza Ebrahimi 3 18
Jeffrey W.Pagano Hon. Scott A. Russell JUL [U 24
Bryan J.Drago Members of the Town Board
Bernadette E.Tuthill
Craig H.Handler Town-of Southold Southold Town Clerk
AlexandraHalseyStorch P.O. ox 1179
Melissa S.Doris
KaterinaGrinko Southold,NY 11971-0959
Lorraine Paceleo
Jessica M.Klersy
Terrence Russell Re: Comments on Proposed Local Law in Relation to Amendments
OFCOUNSEL to Chapter 280,Zoning,With Regard to Helicopters
Kevin M.Fox
Kelly E.Kmuuns
Karen A.Hoeg Dear Supervisor Russell and Members of the Town Board:
Patricia).Russell
Jennifer P.Nigro
o NY&LABAR! This office represents Robins Island Holdings LLC(RIH),which is the record
+ LLF4NNTAXAl10N
PYS Ni MRR owner of the lands comprising Robins Island within the Town of Southold. RIH is
,
a I.Y.NJ S PA Miu
respectfully requesting a clarification of certain language of the proposed local law
that is the subject of this public hearing to avoid any unintended consequences.
Section 280-11 l(K) of the proposed local law expressly prohibits the landing or take
off of helicopters and seaplanes"on or from the waters, beaches or any land within the
Town of Southold". This prohibition would presumably cover Robins Island.
In March 1996,RIH's predecessor in interest obtained approvals from the
Southold Town Zoning Board of Appeals of variances required to improve various
structures on Robins Island. A copy of the ZBA determination is attached hereto as
Exhibit"A". The approved plan included locations for heliports on the north and south
shores of the island,however,no relief was required from the ZBA for the installation
of the heliports as they were deemed to be permitted accessory uses. The Board of
Trustees of the Town of Southold also approved sea lanes for access to the island by
OTHER OITICE LOCATIONS: seaplane in September, 1995. A copy of Trustees Permit No. 4521 is attached hereto
20 Main Street as Exhibit"B".
East Hampton,NY 11937
631.324.1200
51 Hill Street The sea lanes and heliports on Robins Island were subsequently approved by
Southampton,NY 11968 Resolution of the Town Board of the Town of Southold on May 25, 1999 in
631.287.0090
accordance with the requirements of Section 249 of the New York State General
490 Wheeler Road
Suite 150 Business Law. A copy of the Town Board's approving Resolution dated May 25,
Hauppauge,NY 11788 1999 is attached hereto as Exhibit"C". The landing of helicopters and seaplanes on
631.265.1414
56340 Matra Road
P.O.Box 325
Southold,NY 11971
631.765.2300
i
Hon. Scott A. Russell
Members of the Town Board
July 31, 2018
Page 2 of 2
Robins Island was likewise approved by the FAA on May 21, 1999. Copies of those
approvals are attached hereto collectively as Exhibit"D". While these approvals
permit heliports on the north and south shores of the island, the north shore helipad has
not been constructed to date.
RIH submits that while access to Robins Island by seaplane or helicopter is
occasional, it is vitally important in the event of a medical, police, fire or other
emergency involving island residents or visitors, and critical when boat access may be
compromised by wind, fog, darkness or ice in the Peconic Bay. While the adoption of
this local law would arguably render the existing,heliports pre-existing, non-
conforming uses, RIH is concerned that the law may be misinterpreted at some later
date as a vitiation of the approvals. To avoid what we submit would be an unintended
consequence of this legislation, RIH is requesting a minor modification to paragraph
280-111(K)(4)so that existing heliports and sea lanes, such as those on Robins Island,
with valid,prior approvals, will be expressly exempt from this ordinance, and
therefore,there will be no question that their approved operation can continue in the
future.
We respectfully request that these comments be included in the record of this
public hearing and thank you for your consideration.
Ve ly yo
Martin D. innegan
MDF/lk
Enclosures
cc: Robins Island Holdings LLC (via email)
Bill Duffy, Town Attorney(via email)
Elizabeth A.Neville,Town Clerk(via email)
EXHIBIT A
r
• •' �OS11fir01,�C'
APPEALS BOARD MEMBERS ��� � Southold Town Hall
Gerard P.Goehringer,Chairman 53095 Main Road
Serge Doyen, �,y � ; P.O.Box 1179
James Doyeio,Jr.r. Oj �`�� Southold,New York 11971
Robert A. Villa � Fax(Slb)765-1823
Lydia A.Tortora Telephone(Slb)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS OF FACT AND DETERMINATION
Appl. No. 4354 - LOUIS MOORE BACON (ROAINS ISLAND). This is an
application for variances, based upon the ,owner's application for a
building permit to construct, and the Building Inspector's issuance of two
Notices of Disapproval, the grounds for which are noted as follows:
D.1 (E.1) Family vacation Home will exceed the principal
building height limitation stated in the Bulk Schedule of 35
feet, in this R-400 Residential Zone.
D-1 (E.1) Family vacation Home as a principal one-family
use; Building C.7 Caretaker Cottage for year-round use and
occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1)
Agricultural compound, D.4 (E.4) Garage with staff or guest
quarters each as an accessory: One Family Dwelling not to
exceed one (1) dwelling on each lot under Permitted uses in
an R-400 Zone. Action required by the Zoning Board of
Appeals. All buildings which will contain living quarters
as an accessory with an extension of the principal one-family
dwelling use And/or which exceed is ft. height limitation as
an accessory are being considered for variances under Article
III, Section 100-33A.
A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, B.2 Mackay
Cottage, C.1 Recreation Building, C.7 Caretaker's cottage,
D.4 (E.4) Garage with staff quarters, B1.2 Mechanical
Services Building and B2.1 Mackay Garage will exceed 18'
height limitation as accessory buildings, Article III,
Section 100-33A.
(Approvals required by the Zoning Board of Appeals before
building permits may be granted.)
Location of Property: Robins Island, near North Race of Great Pecbnic Bay,
Town of Southold, NY; Parcel ID No. 1000-134-3=5 of 434+- acres.
WHEREAS, an inspection of the property ,and the specific areas under
consideration has been attended by members of the Board of Appeals; and
WHEREAS, all procedures have been properly followed and a Negative
Declaration under the New York State Environmental Quality Review Act was
declared on February 7, 1996 by the Lead Agency Board of Appeals after
coordination with the involved agencies; and
WHEREAS, after due notice, public hearings were held on December 6,
1995 initially, and continuing for additional information and discussions on
January 10, 1996 and February 7, 1996,
Page 2 of 10 -..Marell 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the Board of Appeals hereby confirms the following Findings
of Fact:
RE(IUESTED RELIEF:
1. By this application, appellant requests several variances under the
Southold Town Zoning Code relative to Article III,' Section 100-33A and Bulk
Schedule applicable to the R-400 Zone District. More specifically, the
following buildings are the subject of the relief requested and are shown on
the proposed "Plan" dated November 6, 1995, prepared by James A.
Thompson, Architect. The general location of these buildings, which are
under the jurisdiction of the Board of Appeals in this variance application,
are identified by the key coordinates' listed below:
A2 New boat house building - 40' North West of 277,000 x 2,423,500
Height Requested: 29.5 ft. height maximum with 1-1/2 stories
Bl' Lane House - 190' West of 276,500 x 2,424,000
Height Requested: 25 ft. maximum height with 2-1/2 stories
Cl New recreational building - 325' North West of 275,500 x 2,424,000
Height requested: 45 feet maximum with two stories;
C7 Caretaker Cottage - 215' South West of 275,500 x 2,424,500
Height requested: 25 feet maximum with two stories;
D1 Family Vacation Home - 95' North of 272,000 x 2,425,000
Height requested: 45 feet maximum with 2-1/2 stories;
D4 Garage - 225' South West of 272,500 x 2,425,000
Height requested: 25 ft. height maximum with two stories.
Also noted are the following buildings which will be interpreted by the Board
of Appeals to be subordinate and accessary to the principal building con-
taining various accommodations as described hereinafter:
A2 "Boat louse building" - 40' North West of 277,000 x 2,423,500.
B1 "Lane House" - 190' West of 276,500 x 2,424,000
B2 "Mackay" building - 165' North East of 276,500 x 2,424,000
C4 Agricultural-Maintenance Compound" 220' North of 275,500 x 2,424,500,
C7 "Caretaker" building - 215' South West of 2751500 x 2,424,500
D4 "Garage/Staff" building - 225' South West of 272,500 x 2,425,000.
PRESENT SITE DATA:
2. The premises in question is an island consisting of approximately
435 acres, located in the R-400 Residential Zone District. The land is all
' New York State's Plane Geometry Northing and Easting Coordinate
System, Long Island Zone
Page 3 of 10 -..Marcfl 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
in one ownership and is a single parcel for the purposes of building and
zoning. The property is presently improved with the following buildings,
identified from the "Historic Buildings Inventory" map prepared by
Landmarks,. Randall Parsons & Associates, and Robert J. Heffner, Jan. 1995,
and survey by John J. Raynor, Nov. 28, 1994:
a. Fane Building (referred to as Lane House B1)
b. Clubhouse (referred to as Mackay Cottage B2)
c. Cottage "Duck Inn" (115) (to be demolished)
d. Ice House (113)
P. Barn Complex (C4)
f. Granary (part of C Area)
g. Large game keepers building (part of C Area)
h. Breeder building complex (C Area) (to be, demolished)
i. Fire cistern (C9)
j. Two windmills
k. Temporary greenhouse-type structure(s).
SETBACKS and BUFFERS.
3. Also, in considering and evaluating this application, the record
includes, but is not limited to, the following information and facts:
a. Location of all currently proposed buildings and structures under
this variance request will be as identified on the Schematic Diagram entitled
"Robins Island Proposed Plan" (the 'Plan') prepared by James A. Thompson,
Architect, dated November 6, 1995 and as more specifically described within
plus or minus 50 feet of the grid location markers in accordance with the New
York State's Plane Coordinate System, Long Island' zone; and
b. Applicant agrees to comply with all clearing and buffer retention
standards and regulations as may be required by the Southold Town Trustees,
N.Y.S. Department of Environmental Conservation. All roads shall be
adequate for safe, emergency access in accordance with recommendations that
may be made, or agreement with the local (fire) district having jurisdiction
thereunder that may be entered into.
4. BASIS OF APPEAL/ZONING CODE PROVISIONS:
Article III, Section 100-33A of the Zoning Code provides that
".. .in
the. ..R-400 District, accessory buildings and structures or other
accessory uses shall be located in the required rear yard, subject to the
Following requirements: A. Such buildings shall not exceed eighteen (18)
feet in height. . . ."
Article III, Section 100-31C provides for specific types of uses in
accessory buildings and structures under subsections (3) through (9) thereof
(boat docking facilities, garden house, toolhouse, storage building,
playhouse, pool, tennis court, private garage, parking spaces, storage of a
boat or travel trailer, certain housing for certain animals, yard sales, all
subordinate and related to the principal residence of the premises.
Page 4 of 10 —•Marcli 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Article XXIII, Section 100-231 restricts fences (including fencing for. --
tennis courts) to height limitations between 4 and 6.5 feet, in respective tif�&�)
and side or rear yard areas. y.rt•9�
Article 111, Section 100-31A provides for a principal (or primary)
one-family detached dwelling use in a building which meets the yard, height,
and parkhig requirements set forth in the Bulk Schedule. The requirement
for the principal building is set forth at 35 feet in height (applicable to
the proposed Vacation House building in the "Plan").
5. TOWN LAW STANDARDS/OTHER CONSIDERATIONS
Among other considerations included in this variance application, the
Board of Appeals is required to balance two elements: the benefit to
applicant from the variance, and the detriment to the health, safety and
welfare of the community or neighborhood that would occur if the variance
were to be granted. In balancing the standards of law relative to these two
elements, the following factors have been considered and determined:
(a) The relief requested does not pose any threat to the health,
safety, and welfare of the community. There will not be an undesirable
change produced in the character of the neighborhood or a detriment to
nearby properties created by the grant of this variance and conditions. The
essential historical, agricultural and residential; character of the island
will not be changed. There will be no significant change in the number of
buildings containing habitable quarters on the property (in comparison to
those presently existing or which occupied the island before the original
ordinance was adopted).
(b) The benefit sought by the applicant can otherwise be achieved
only by a major subdivision which was not encouraged by Town Departments
since the whole concept of preserving the historical and residential
character of the island is beneficial to all. No other method is available
other than by variance approval.
(c) The requested variances are not substantial in relation to the
preestablished height of buildings presently existing at the site and
preexisting use of the buildings; the proposed "Plan" is designed as a
"family compound" rather than as a subdivision of individual lot owners which
allows for the comprehensive management of the natural resources of the
Island as a single parcel.
(d) The proposed "Plan" will not have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district.
Further, the "Plan" observes the spirit of the Town Code, is consistent with
the Town of Southold Master Plan, and furthers the public interest. (Also
see Negative Declaration under SEQRA adopted February 7, 1996).
(e) The relief requested is not self-created or personal to the
landowner, by the fact that the island is a single lot, the needs are related
to the strict application of the zoning ordinance, the unique size, and
natural characteristics of the land, historic nature of the buildings and
Page 5 Qf 10 -%.March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
property, as well as the isolated nature of the island, limited access, and
other unique characteristics described in the above findings of fact that are
not shared by all properties in the vicinity of this property and same use
districts, Eu-id other facts submitted under this application.
(f) The large size of this single parcel (435 acres), the isolated
nature of- the island with access only over water and by air, and its rural
and historic character create unique requirements for accessory buildings and
on-site support staff living, that cannot be found in other projects and
which play a large part in this decision.
6. BOARD DETERMINATION AND CONDITIONS:
ACCORDINGLY, on motion by Member Villa, seconded by Chairman
Goehringer, it was
RESOLVED, to APPROVE the relief requested under Appl. No. 4354 in
the Matter of the Application of LOUIS MOORE BACON, SUBJECT TO THE
FOLLOWING CONDI'T'IONS:
Height, Expansion, and/or Use:
1. a. The height' and sizes of all existing and proposed buildings
recjuiring variances sliall be approved as follows:
A.2 Boat House building - maximum 29.6 ft. height at 1-1/2
stories. The percentage of relief is approximately 64%, or 11.6 ft.
B1 Lane House - maximum 25 ft. height at 2-1/2 stories. The
percentage of relief requested in relation to the requirement for an
accessory building is 39%, or seven ft.
C.1 Recreational building - maximum 45 ft. height at two stories.
The percentage of relief requested is substantial at 150% or 27 ft. more
than the 18 ft. code requirement for a new building, (but not
substantial in relation to the 35 ft. height of the presently
existing barn building.)
C7 Caretaker Cottage - maximum 25 ft. height maximum and two
stories. The percentage of relief requested in relation to the
requirement for an accessory building is 39%, or seven feet.
D1 Family Vacation Home - limited to 45 ft. height maximum and 2-1/2
stores. The percentage of relief is 28.5%, or 10 feet.
Height is defined under "Section 100-13 Definitions" of the
Southold Town Zoning Code.
Page 6 of 10 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
D.4 Garage building with staff quarters - height at 25 ft. and two
stories. The-percentage of relief is 395, or seven ft.
1. b. The following buildings shall be permitted as unattached extensions
to and subordinate and accessory to the principal building described as
fol lows:
(1) (a) B2 "Mackay Cottage" building as an extension of use
which shall be subordinate and accessory to the principal building and
with a living area and single kitchen; (b) B1 "Lane Lodge" building as
an extension of use subordinate and accessory -to the principal building
and with living area and a single kitchen; (c) C7 "Caretaker's
Cottage" building as an extension of use subordinate and accessory to
the principal building and with living area and a single kitchen;
(d) D4 "Garage with Staff Quarters" building,'as an extension of use
subordinate and accessory to the principal building, and with sleeping
accommodations and allowable microwave-cooking, rather than a
permanent kitchen facility, for periodic vacation house staff, and not
to be rented separately from the other buildings, nor treated as a
dwelling or separate living unit, (unless further application and
:approval' or waiver is granted for modification); and
(2) A2 "Boat house building" shall be limited to office and
lounge areas for security personnel and staff,, and as an accessory
building subordinate to the principal building,' as well as for docking
and storage of boats used by the owner and the owner's family, their
employees and guests (as needed for transportation, security, family
activities, and other island-related uses) - however, no kitchen
accommodations are permitted (unless further application and approval or
waiver is granted for the modification); and
(3) C4 "Agricultural-Maintenance Compound" building use shall
be limited to periodic sleeping accommodations and a single,
shared-kitchen facility for up to four persons (agricultural staff) in
this compound only, and not as a separate dwelling or guest unit, in
addition to permitted agricultural activities, workshops, and accessory
fuel storage and other storage uses (unless further application and
approval or waiver is granted for the modification).
c. Future enlargement or expansion of the nonconformity (those
buildings contahung extended use of accessory buildings for habitable
quarters) in addition to that requested under this application shall require
written notification to the Board of Appeals, and if deemed necessary by the
Board of Appeals, further application for the new expanded areas will be
required (ref: current Section 100-241 or future Zoning Code regulations
pertaining to "nonconformities").
d. To the greatest extent practicable, the presently existing, natural
vegetated 20 ft. deep buffer between the proposed Vacation Home and the
top of the bluff shall maintained and replaced only if necessary due to
damage by environmental conditions, unless otherwise determined by the
Page 7 of 10 -.March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island),
Southold Town Board of Appeals
Board of Appeals at a future date. (This condition is related to the height
request for the Family Vacation Home.)
e. The setback of the "Family Vacation Home' shall be at 100 feet, or
more, from the top of the presently existing, undisturbed bluff areas. (This
condition is related to the height request for the Family Vacation Home.)
f. All buildings and structures shall meet or exceed Town require-
ments and regulations for setbacks from bluffs and beaches as required by
appropriate environmental agencies (Town Trustees and NYS DEC).
g. All fencing for the tennis court shall not exceed a total height at
10 feet above natural grade, as proposed; and there shall be no lighting for
after-dark tennis court use as regulated by subsection 4-b of Section 100=31
of the Zoning Code.
h. It shall be understood that the "Family Vacation Home" will be (is)
the principal residential building and use, and other buildings (proposed in
ilxe "Plan") are subordinate and accessory to the Family Vacation Home.
1. The "Family Vacation Home" building as the principal use will be
(is) permitted to be constructed at a mean height of 45 feet.
Lighting, Utilities, And Other:
2. a. That this approval is subject to the owner obtaining written
approvals from the Southold Town Building Department, Suffolk County
Department of Health Services, and other. applicable governmental
jurisdiction, as required, before commencing each respective construction
activity, including the storage hazardous or toxic materials on the island
and as regulated under Article 12, Suffolk County Health Department
regulations.
b. That exterior lighting, if any, must be shielded to the ground and
not be adverse to neighboring areas.
C. That electrical and plumbing utilities are permitted in all
buildings, and except as otherwise applied for in this application, all other
accessory buildings shall be utilized for storage and uses as provided by the
Zoning Code (presently referred to as Section 100-33) which outlines specific
uses or activities allowed in accessory buildings.
Other Conditions
3. a. That notice, and where required, written application shall be
made to the Southold Town Board of Appeals for any change, modification,
alteration to the Plan. The Board of Appeals reserves the right to require a
new public hearing and may take action (under its jurisdiction) as it deems
necessary. Nothing shall be construed herein to prohibit the applicant from
constructing other buildings and structures 'pursuant to law, provided
variances and other approvals where required are obtained.
Page 8 of 10 --March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
b. The owner must obtain applicable agency approvals including the
Federal Aviation Administration, Southold Town Board, New York State
Department of Environmental Conservation, Suffolk County Department of
Health Services including County Article 12, Town Building Department,
and any other agency having jurisdiction as set forth in the application
(and the "Plan").
C. Approval is required by the Southold Town Planning Board (and
other applicable agencies) in the event that the property is to be proposed
for a subdivision. Any type of new development, other than a proposed
subdivision, will require written notice to the Board of Appeals, and/or
further approval and/or waiver by the Board of Appeals or other agencies
where appropriate. Such changes will be governed by the laws and
regulations in effect at the time of those future applications and other
agency actions, or variances that be granted therefrom. Nothing shall be
construed by any of these conditions to limit the potential yield of the
entire property as may be determined by the Planning Board in the event a
subdivision is ever proposed for the property.
d. The applicant agrees to advise the Board of Appeals in writing
(briefly - one page) as to the construction status letter of this "Plan"
every year commencing 4/1997 and until fully implemented and to advise the
Board at that time, in writing, of any changes, modifications, alterations,
or other proposals in this "Plan," except that accessory buildings and
structures, agricultural buildings, sheds and storage buildings, gazebos, and
other code-permitted accessory buildings, will not be required as part of a
status report.
e. The Board of Appeals, or its representative, reserves the right to
inquire on the status of any portion of the project at any time, particularly
if the owner fails to show intent to commence construction, or fails to
continue construction activities within the time periods authorized under
town building permits.
f. The new family residence (referred to as vacation home) shall be the
principal residential building and may not be leased or rented separately
from any of the accessory buildings, unless otherwise agreed to by the Board
of Appeals. All terms and conditions herein shall be binding on all lessees
and/or lessor(s). Further, any lease or other type of possession of the
property or of its agricultural acreage and hunting operations shall be in
compliance with all applicable rules and regulations of the Town Code. Any
and all hunting operations or hunting-related activities shall be limited to
non-commercial purposes, and consistent with the use of Robins Island as a
private shooting preserve licensed by the New York State Department of
Environmental Conservation. Any change in this use will require approval of
the Board of Appeals.
g. In light of the historic use of the property, unique access issues
of the island and isolated nature of access, and the Town's desire to see
this building completed and restored, the Lane House a/k/a Lane Lodge may
be used with a single kitchen and used as guest quarters for up to 12
non-paying guests and employees of the owner of the property. These
Page 0 of i0 -•Marcli 6, 1996
Appl. No. 9359 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
quarters shall be used periodically but not more than 180 days per year, as
agreed to by the applicant, or as otherwise determined by the Board of
Appeals.
h. The new caretaker cottage shall be an accessory building. In light
of the historic use of the property, the size and isolated nature of the
island and the unique access issues of the island, -the owner of the property
(must have an employee on-site to conduct 24-hour monitoring of the island.
That employee and his/her immediate family may reside year-round in the C7
Caretaker Cottage with a single, full kitchen facility, for purposes of
monitoring the island.
1. The existing Mackay Cottage shall be considered in the proposed
"Flan" as an accessory building. In the event the vacation family home is
never built, the Mackay Cottage will become, or return to, the principal
building, unless the ZBA designates otherwise, and other buildings will be
remain accessory thereto. In light of the isolated nature of the island and
the historic use of the building, the Mackay Cottage may be used as living
quarters with a kitchen facility and for overnight accommodations, for up to
six shooting staff or non-paying guests of the owner of the property. The
Mackay Cottage, as an accessory building with guest quarters and single
kitchen, may be used periodically but not more with ,
180 days per calendar
,year, or as otherwise determined by the Board of Appeals.
j. The Agricultural-Maintenance Building, C.4, shall be permitted for
agricultural use. In addition to housing the equipment needed to maintain
the island, storing fuel for the island's heating and electrical needs and
the workshops, the proposed dormitory quarters in this building may be used
as sleeping accommodations with a shared kitchen for overnight stays of up to
four employees of the owner of the property, These quarters shall only be
used periodically and not more than 180 days per year, or as otherwise
determined by the Board of Appeals.
k. The Recreation Building shall be an accessory building and is
granted a height variance to allow its mean 'height of 45 feet with the
understanding that nearby trees will largely mask the height from off-island
observers. The owner of the principal residence (vacation family home)
agrees to use his best efforts to maintain a visual buffer. This shall not
preclude the owner from normal maintenance of the trees.
1. The owner agrees to provide transportation for any and all children
of, school age to (lie main land at his own cost and expense.
M. The owner agrees to allow the Building Inspector and/or an
authorized representative of the Zoning Board of Appeals to inspect the
Island, and buildings and structures, pursuant to Article XXVIII, Section
100-280-b of the Zoning Code, and at reasonable times, after reasonable
notice to the property owner or authorized representative listed on the
town's tax assessment rolls to ensure compliance with the covenants and
conditions established by the Board of Appeals. Unless otherwise agreed,
notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law,
Page 10 .of 10 March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Esq, Nixon, Hargrave, Devans, & Doyle, L.L.P., 990 Stewart Avenue,
Garden City, New York 11530.
u. The Zoning Board of Appeals approvals are conditioned upon
compliance with the above conditions and with written covenants prepared by
applicant's attorney in proper form for recording. The written covenants
shall incorporate the Board's above-noted conditions, with wording as
approved by the town attorney for the Board of Appeals, and shall be
recorded by the applicant with the Office of the Suffolk County Clerk within
sixty (60) days of the date of this variance, � or before issuance of a
building permit under this variance. A conformed copy of said covenants
shall be filed with the Office of the Zoning Board. '
o. In the event the owner, or his representative(s), fails to comply
with any of these conditions and/or covenants, and fails to remedy the
noncompliance cited by the Board of Appeals, Building Inspector, or other
authorized enforcement officer or agency, pursuant to Article XXVIII, Section
100-280-b (Enforcement Provision) of the Zoning Code, for that building or
structure, the approval for the particular activity, building or structure
tinder this determination cited for noncompliance shall cease and be of no
further effect. This condition shall not preclude 'the owner from converting
the subject building or structure which is the nature of a zoning violation
or noncompliance, to that which is permitted as authorized by the Building
Inspector to conform with Chapter 100-Zoning of the Southold Town Code.
p. Any and all of the above conditions may be removed, withdrawn,
modified, changed, or otherwise altered subject to further action by the
Board of Appeals, and nothing shall be construed herein to prevent the
applicant (owner) to make further application for the same.
VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Tortora ,
and (Gvehringer. This resolution was unanimously adopted.
lk
ERA CH RMAN
to \TD B Y
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.:::,,•.•.-=r-�,�,_'= ,..... :,,,-.;mss-.:�.---
Town 01---?, c:
EXHIBIT B
Ailzcert J.&u ' PresidentF Town Hall
John Holzapfel,Vice President ` 53095 Main Rossi
William G.Albertson P.O.Box 1179
Martin H.Garrelt • Southold.New York•11971
Peter Wenzel � � Telephone(516)x65=1892
Fax(516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 30, 1995
Costello Marine
P.O. Box 2124
Greenport, NY 11944
RE: Louis Bacon
SCTM #1000-134-3-5
Dear Mr. Costello:
The following action was taken by the Southold Town Board of
Trustees on Thursday, October 26, 1995;
RESOLVED that the Southold Town Board of Trustees grants an
amendment to permit #4365 to rectify the problems of landing and
securing the seaplane by replacing the existing 6' X 30' "L"
float with a 15' X 30' "L" which would provide greater stability
and more walkable space for safe loading and unloading and
provide enough width for the seaplane to maneuver around the
south end of -the float. Also to install two 6' X 20' floats
which will be attached- perpendicular on the south side•of the
four existing floats, which will enable passengers to safely
exist from the sides of the boats instead of. stern. or bow. '
If you have any questions, please do not hesitate to contact
this office.
Sincerely
Albert J. Rrupski, Jr.
President, Board of Trustees
AJK:3md
cc: CAC
/� ~ ' ...:.wrs..� .ibi.�•� ..t ��•�dS.Tr��Serlrm.. `ri+
Board Of Southold Town Trustees c,
SOUTHOLD, NEW YORK
DATE: ...91.28/.95.......... r
•1\ L
PERMIT NO. �I .. �•
ISSUED TO .......LQUIS.......BACON... ..... . ....... ... ....
\ Pursuant to the provisions of Chapter 615 of the Laws of
C
the State of New York, 1893; and Chapter 404 of the Laws of the
f State of New York 1952; and the Southold Town Ordinance en-
/ titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the ty
\ ; REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM ; '
,rte: LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on ..1/.28/95.... .
' 19..95 , and in consideration of the sum of $15.0..00. . paid by t
s J.M.O.....Consulting..
for LOUIS M. BACON .......... .......... ................
N. Y. and subject to the
:• of .....$ahins...Island... .... .......... ...... . . t -
Terms and Conditions listed on the reverse side hereof, `
of Southold Town Trustees authorizes and permits the following: a
To construct 2 board walkways for the purpose of crossing areas,`
/ of inter tidal marsh as located by DEC. The aorthera most walk sh
;be 18" % 147' and be construct IS" over grade of marsh, and south'
alk
il
18" X 112' construct. 18" over grade of marsh, also to all'or tinaccordance with the detailed specifications as presented in
toa originating application. of a 6' X 12' X 4' seasonal waterfowl r
pit—bliad t be located alon the ¢outhern spit of the island.
N WITNESS WHER�OF, The said Board of Trustees here--
fi r by causes its Corporate Seal to be affixed, and these presents to. A
be subscribed by a majority of the said Board as of this date. r
�'�jf►• `a0� .........................................................................................
- ..,.•; •t-�r -�- �� Fjy...yt Y�?�T+,+r`¢v,�•��yrr�I'3vx'V.'`J'�
� '�• �scr2 ..j � ,�,..) ,yrs i i •7 '+' •+�:•• � ti
EXHIBIT C
2-
4,�gpf
ELIZABETH A.A.NEVILLE O Town Hall 53095 Main Road
��'�` �+
TOWN CLERK p U P.O.Box 1179
" ea Southold,New York 11971
REGISTRAR OF VITAL STATISTICSw �!
MARRIAGE OFFICER D� ' �� Fax(616) 766-6145
RECORDS MANAGEMENT OFFICER � Telephone(516) 766-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN'CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON MAY 25, 1999:
TOWN OF SOUTHOLD
SUFFOLK COUNTY,NEW YORK
BOARD RESOLUTION PURSUANT TO NEW YORK STATE
GENERAL BUSINESS LAW SECTION 249
WHEREAS, Robins Island Holdings LLC, P. O. Box 301, 1st and Jackson Streets, New
Suffolk, New York 11956, is the owner of a certain parcel of real property known as Robins
Island, near North Race of Great Peconic Bay, Town of Southold, County of Suffolk, State of
New York(Tax Map Identification Number 1000-134-3-5) ; and
WHEREAS,the Southold Town Board of Appeals approved a development plan for
Robins Island as described in the"Robins Island Proposed Plan" dated November 6, 1995 (the
"Plan")on March 6, 1996,which Plan included locations for proposed heliports; and
WHEREAS,after due notice, several public hearings were held on December 6, 1995,
January 10, 1996 and February 7, 1996, at which the Plan, including the proposed heliports,were
discussed;and
WHEREAS, previously the Board of Appeals issued a Negative Declaration under the
New York State Environmental Quality Review Act (SEQRA) on February 7, 1996 determining
that the Plan would not have any adverse impact on the environment; and
WHEREAS, this authorization by the Town Board is a Type II Action pursuant to
' SEQRA; and
WHEREAS,the Board of Appeals requested that the Owner of Robins Island must
obtain other applicable agency approvals including approvals from the Federal Aviation
Administration ("FAA") and the Southold Town Board to the extent they have jurisdiction over
the Plan; and
WHEREAS,the Owner has filed an application to the FAA for a"favorable air space
determination", attached hereto as Exhibit"A", which depicts the location of the proposed
heliports and sea lanes on Robins Island along with the Flight Approach/Departure Paths and
FAA has already conducted its on site inspection of the proposed heliports and sea lanes on April
9, 1999; and
WHEREAS, New York State General Business Law Section 249 provides that no person
shall establish or improve a privately owned heliport except by authorization of the governing
body of the municipality in which such private heliport is proposed to be established or
improved; and
WHEREAS,New York State General Business Law Section 249 provides that the
governing body of the municipality in which such private heliport is proposed to be established
shall not authorize the establishment or improvement of a private heliport at the requested
location unless in accordance with the standards prescribed by the Commissioner of
Transportation of the State of New York.
- 3 -
WHEREAS, the heliports and sea lanes proposed to be established or improved on
Robins Island will be privately owned and the owner of Robins Island upon which the
establishment is to take place has consented to such establishment; and
WHEREAS, the owner represents that the proposed sea lanes, if approved by the FAA
and NYS DOT, will not prohibit any other,marine activities in the area; and
WHEREAS, the Town of Southold Director of Code Enforcement states that the sea
lanes and heliports as set forth above are permitted accessory uses.
NOW,THEREFORE,BE IT RESOLVED THAT,the Town Board of the Town of
Southold hereby requests that the Commissioner of the New York State Department of
Transportation ("DOT") make a determination as to whether the establishment or improvement
of such privately owned heliports and sea lanes at Robins Island complies with his standards
adopted pursuant to Section 249 of the New York State General Business Law;and
BE IT FURTHER RESOLVED THAT,the Town Board hereby authorizes the
heliports and sea lanes for Robins Island as shown on Exhibit A conditioned only upon the Town
Board receiving confirmation from the Commissioner of DOT that the heliports and sea lanes
comply with his standards adopted pursuant to §249 of the New York State General Business
Law.
Approved:
.izabeth A. Nfiville
Southold Town Clerk
May 25, 1999
EXHIBIT D
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115,Depgrtrf'ent Eastern Region Rzgerald Fedora 1 eudding
of Trollsort�tion John F.Kennedy
' iRleffia Onal Airport
Federa Aviatfon Jamasce.New York 11430
AdMinif f'ritfen AW
Mr. aymond A Syms
Raymod A Syms 9
2.8 Bal*h Drive
Long Bfmh,NJ 07740
F
Proposal : Est. Seaplanebaee
Assoc. Cty: Southold, NY
Ii Fac. Namet Robins Island SPB
Use/Ownership.:Public/Private
Airspace Case: 99-AEA-020-NRA
Expiration Date: Nov. 2000
Dear Mr. Syms:
The Federal Aviation Administration (FAA) has completed its
aeronatitical study of your proposal to establish a seaplane
base,as indicated in your submission of FAA Form 7480-1,
Noti. e' of Landing Area Proposal. The FAA has no objection
to t e! proposal provided that:
[1.: The airport is used for VFR conditions .
2. You have a clear 20:1 approach/departure path for your runway as described in
k the FAA, Part 77.
g 3. You coordinate the proposed landing area with those agencies who have control
E or jurisdiction over the waterway that will be used for landings and takeoffs which are: the US
r Army Corp of Engineers,the US Coast Guard,the NY State DOT,Bureau of Aviation and any
other agency which requires coordination or has an approval action.
This determination does not mean FAA approval of the
phys cain
development involved in the proposal, or that the
pr-I ' d action is environmentally acceptable n accordance
with''applicable public laws. It is a determination with
reepct to the safe and efficient use' of airspace by
aircraft. In making this determination, the FAA has
considered matters such as the effect' the proposal would
have,olii existing or contemplated traffic patterns of
neigibQring airports,' the effects it 'would have on the
existing airspace structure and projected programs of the
FAA, Ea4d the effects that existing or proposed man-made
objects and natural objects within the affected area
(ins •fzr as they are included on your 7480-1 or available on
maps and drawings in this office) would have on the airport
prop sal . This determination, issued in accordance with FAA
Part�1�7, does not relieve the proponent of any compliance
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xespifigibilities relating to any law, ordinance, or
regu�,ation of any Federal, State or local governmental body.
Plea�e .revise and return the enclosed FAA Form 5010•-5 as
soon as possible. It advises us that the airport is active
and pur airspace determination will become permanent.
FAIL • MI
TO DO SO WILL CAUSE YOUR AIRSPACE DETERMINATION TO
EXPI E-ON THE DATE INDICATED ABOVE. If ,the airport is not
openito the public prior to this date, .you should request a
timellextension to allow for completion. If you do not, we
will •assume that the proposal has been abandoned and your
airs 'aoe will be canceled.
Applcable obstruction surfaces are included in Paragraph
77 .2 of Federal Aviation Regulation, Part 77 (FAR Part 77) .
The ttility-visual approach surface in plan has inner width
of 2O� is 5,000 ft . long and has an outer width of 1,250
ft, You should have a clear 1-ft. vertical per each 20-ft.
horikoiital approach surface to each runway end within this
areaYou should familiarize yourself; with all the approach
and ather surface provisions of FAR Part 77.
If y� ' ! have any questions regarding FAA Regulation of
stanards, please feel free to call Sharon Perry, at
718- i53-3341.
Sa c ely, RoAl
Hary DeGrAw
Mana mak, Safet , and Sta dards Branch
. 1.
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US Depot t Comm Fog,on F1140eratd Farlerel 8uittlin0
of Tronspa tgt on John F.Kennedy
! Internadonsl nirpmt
Federal a lon Jamaica.New Yank It 430
Administ tion
MAY Y ig99
Mr. R y�A. Syme
Raymo d,A. Syms & Assoc.
28 Ba ch Drive
Long r�nch, NJ 07740
f
• F
'• Proposal; Est:. Heliport
Assoc.City;Southold, NY
Fac. Name: Robins Island North H
Use/ownership:Private/Private
Airspace Case-.' 99-AEA-021-NRA
Expiration Date: NOV 2000
Dear A+Ir°. Syms:
r
The Fbdoral Aviation Administration (FAA) has completed its
aeronaical study of your proposal to establish a heliport
as indicated in your submission of the FAA Form 7480-1,
Notic of Landing Area Proposal. The FAA has no objection
to thin above proposal provided that:
r•
1. TPe: helipad should provide an accurate ingress/egress
route and clear the 8 :1 slope. Your proposal should be
compliance with Federal Aviation Regulations Part
.129 (b) .
2 . J�,�ropriate markings for ingress/egress is placed on
hpad and a lighted windsock is installed.
3 . lehicular traffic (if any) around the site is
�trolled during helicopter operations.
4 . i:se may be a consideration to residences in the
eiirby vicinity.
This rd�termination does not mean FAA approval or disapproval
of tte ,physical, development involved in the proposal. It is
a de e> mination with respect to the safe and efficient use
of a' rapace by aircraft and with respect to the safety of
pers nd and property on the ground.
In m4king this determination, the FAA has considered matters
suchlas the effect the proposal would have on existing or
[ZZL9 ON YH/%Z] 9T:9T f1H1 00/6Z/Z0
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plat traffic patterns of• neighboring airports, the
eff�'s; it would have on the existing airspace structure and
proj " t'ed programs of the FAA, the effects it would have on
theEety of persons and property on the ground, and the
effe 's' that existing or proposed manmade objects (on file
with ' I%e FAA) and known natural. objects ,within the affected
area ��,vo�uld have on the airport proposal.
The cannot prevent the construction of structures near
an a'k: ort . The airport environs can only be protected
thro kY such means as local zoning ordinances or
acqu itions of property rights.' This determination, issued
in a o,,.-dance with Federal Aviation Regulations (FAR) Part
157, 3des not relieve the proponent of any compliance
rasp c aibilities relating to any law, ordinance, or '
regulation of any Federal, State, or local government body.
Plea `'completed and mail the enclosed FAA Form 5010-5 when
aircft operations begin= it advises us that the heliport
is a t `ve and your airspace, determination will become
perm int. FAILURE TO DO 4.0 WILL CAUSE YOUR AIRSPACE
DETE�INATION TO EXPIRE ON THE DATE INDICATED ABOVE, if the
heli ol?t is not activated prior to this date, you should
requIt a time extension to allow for completion, If you do
not, ErwfA will assume that the proposal has been abandoned and
your a4rspace will be cancelled.
Appl �c4.ble obstruction surfaces are included in Paragraph
77.2 df PAR Part 77. The approach surface in plan has an
inne width equal to the width of the designated heliport
take 44 and landing area, is 4, 000 ft long and has an outer
-width cif 500 ft . You should have a clear 11 vertical per 81
hors ggtal approach surface to the helicopter landing area
with this area. You should familiarize yourself with all
the dpproach and other surface provisions of FAR Part 77.
if yu ;have any questions regarding FAA Regulations or
stan aeds, please feel free the call Sharon Perry at
`718- 5j-3341,
5 i
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C.
Hary • D G4aw
Mans e , Safety fihd Standards Branch
AEA- p:Q/sp/sperry/05/21/99
Aea- ao/state/df/aas-330
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