HomeMy WebLinkAboutTB-03/13/1973 326
SOUTHOLD TOWN BOARD- MINUTES
Meeting ofMarch 13 , 1973 -
The Southold Town Board met at the office of Supervisor Albert M.
Martocchia, 16 South Street, Greenport , New York, at- 10: 45 A.M. ,
Tuesday., March 13, 1973 , with the following present:
Supervisor Albert M. °Martocchia, Councilman-Janes H.
Rich, Jr. , Councilman James F. Homan, Justice Martin
Suter, Justice Louis M. Dem crest, Town Attorney Robert
W. Tasker, Superintendent of Highways Raymond C. D.ean,
and Town Clerk- Albert-.W.• •Richmond .
Absent: Justice Francis T. Doyen.
Moved by Councilman Homan, seconded by Justice Demar est, it was
RESOLVED that General bills in the amount of $15, 570.57 , Fishers
Island Ferry District bills in th.e amount of $23 , 286 .8411,,:�Hi.ghway
bills in the amount of $5, 745 .96, Special District bills in the
amount of $4 ,807 .44, and Capital Account bills in the amount - of
$632 .70 be and the same are .hereby. ordered paid. Payment to
Design Controls, Inc . in the amount of $490.40 fora radio-.console
was ordered held pending further inizestigation.
Vote of. the Town' Board: Ayes: , .Supervisor ,Martocchia, - Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Justice Demarest, -it'-was
RESOLVED-. that the following proposed amendments to . the Building
Zone Ordinance of the Town of Southold, together with the Building
Zone Maps forming a part thereof be and the,- same hereby-. is.-- referred
to the Southold Town Planning Board and the Suffolk County Planning
Commission .for their report and -recommendation- in accordance• with
th,e applicable .provisi.ons -of law.
ZONING ORDINANCE-•AMENDMENTS - -
I. By amending Article III, Section 300B by repealing:. •subdivision
14 thereof.
II . By amending Article III, Section 300C by adding a new subdivision
thereto to-be subdivision-•7 to read as- follows:
7 . Yard sales , attic sales, garage sales, auction
salesoor . similar type sales of personal property owned by
the occupant of theme emises- and located thereon, subject
to the, following requirements:
(a) Not more than one such sale shall be conducted
on any lot- in any one calendar year.
(b) Adequate supervised parking facilities shall be
provided.
(c) . No signs , except one on-premises sign not larger
than 3 feet by 4 feet in size, displayed for a period of not
longer than one week immediately prior to the day of such
sale, shall be permitted.
(d) That a permit be obtained therefor from the
Building Inspector upon the payment of a fee of $15. 00.
III. By amending Article III, Section 300C, subdivision 5 to
read as follows:
5. Horses and domestic animals other than household pets
shall not be housed within 50 feet of any lot line. Housing
for flocks of more than 25 fowl shall not be constructed within
50 feet of any line.
IV. By amending Article III, Section 303 , to read as follows:
SECTION 303 - ESTABLISHED FRONT YARD SETBACK - Where
property in the vicinity is improved with permanent dwellings
with a front yard area of less than that required by the
provisions of this ordinance, the front yard setback shall
be the average setback of the existing dwellings within 300
feet of the proposed dwelling, on the same side of the street, .
within the same block, and the same use district.
A
V. By amending Article III, Section 305, . subdivision (a) to read
as follows:. -
(-a) when located in the front yard, along front, yard 1ine;,.
the same shall not exceed four (4) feet in height.
VI. By :amending Article III , Section 305 by repealing subdivision (d)
thereof.
VIh. By amending Article -I,II by adding a new -section thereto, :to be
A. Section, 306 to, read as follows: .
- .-SECTION 306 - SUBSTANDARD LOTS - In the "A" District, in
the;,case of _a lot held. in single and separate ownership on -
the -effective date of this .ordinance and thereafter with an
area-, and/or. width of less than the requirements of this
ordinance, a single family dwelling may be constructed
thereon with side yards requirements reduced by.-25%, .provided
that all other yard requirements are complied- with. f:_!
VIII . By amending Article Vi, Section 602, subdivision 7 .to read:
_as follows
7 . Parking shall be provided in offstreet paved parking
areas which shall provide for one (1) parking space, three
-hundred fifty (350) square feet in area , for each one
hundred (100) square feet of sales floor area or office- floor
area in each building.
IX, By amending Article XIV by adding a new section, to. be section
1402 to read as follows:
SECTION 1402 - CLUSTER DEVELOPMENT - The Planning
Board may approve Cluster Developments for one-family detached
dwellings in an A-Residential and Agricultural District, accoc'd-
ing to procedure and requirements specified -below. The purpose
of such development is to provide flexibility. in the design.
and development of land in such a way as to .puomote the -most
appropriate use of land to. facilitate the -adequate and
economical .provision of streets and utilities,- :and ::to preserve
the natural and scenic qualities of open space.
1, The maximum number, of single-family. lots that may
be approved in a Cluster D.evelopment. .shall be computed by .
subtracting from the .total. gross ._area�.:a. fixed_per-centage- of
20% of said area, and dividing the remaining 80% of the area
by..-40, 000 square feetL .
(a) In computing the maximum :number of lots. -that may
be be, created, -any lands which :are-_sub•ject to :flood'ing or which
are occupied by public-:utility easements--:in .su.ch a manner as
tc,pr.event their::use and deve-lopment, .-shall not .be considered
part of the total gross area. In a Cluster Developmen:t., :lot
area,. width,, depth, :front yard; rear _yard.,- and , side yards
shall .not be reduced by more---than 50% of,,_the. minimum requ.ir:e-
ments set forth in the Bulk and Parking Schedule.
2. The area of' a- Cluster Deve-lopmen.t shawl ibe -in single
ownership . or .under unified :control. - .-- :) ..
3 . Prior . to- the issuance of a :building ;permit-. in a
Cluster Development a -Site. Plans shall :be:'submitted to :and : .,.
approved by the Planning Board in accordance with Article XIV
of• this ordinance and the followings conditions: .
(a) Said Site Plan shall include areas within which
structure.s..may be located,:.:the --height and spacing_ of buildings ,
.open spaces -and their.: lands-caping;:: off-street_:open.. and: enclosed
(ifs any) , parking &pa.ces-, :and -streets,,. driveways, -:ands:an;y other
physical features relevant to: the proposed :plan.;-. and . _..
-:-Ni-:Sai-d Site -Plan shall',-include- a.-s.tatement..se-tti.ng.
,forth the nature :of .all proposed modifications of _exis.ti.ng.:
.zoning .provisions, and.:
4. , .:Nothing contained in- this ord:ina-nce -shall .reli:eve- the-:owner
or his agent, or the developer of a proposed .Cluster Develop-
ment from receiving .'.Subdivision :Plat -Approval,. in- accordance
with ,the- Town= Subdivi sign: Regulations.-L. -In- approving the Final
Paat, fora Cluster :Development :the::,P-lanning):Boar:d.: ma-y,modify. the
acreage requirement fbr rec�reatori areas as set forth in the Town' s
rules governing subdivision review provided that the common land
dedicated ,meets all other requirements of the Town Subdivision
Regulations .
5 . A Cluster Development shall be organized as one of the
following:
(1) A Homes Association approved by the Federal Housing Administration
for mortgage insurance as a "Planned-Unit -Development" , .and the Town
Board;' or (2.) Angomes' Association approved by the Town Attorney and
Town Board; or (1) Any other arrangements approved by -the Town
Attorney and Town Board as satisfying the intent of this-ordinance.
Whenever a Homes Association is proposed, the Town Board shall retain
the right to review and approve the articles of incorporation and
charter of said Homes Association, .and .to requirerwhatever conditions
deemed necessary to insure that the intent and purpose of this
ordinance is carried out. Tn `donsideration of said approval, the
Town Board shall, in patt, require the Cluster Development to meet
the following conditions :
-(a) The Homes Association shall be established as an- -
incorporated- non=profit organization operating under recorded
-land agreements through which each lot owner (and laiiy succeeding
owner) is automatically a member, and each lot is automatically
subject to a charge for a proportionate share of the- expenses for
the organization's activities .
(b) Title'---to- all: common property shall be. placed in the Homes
Association-, or definite and acceptable assurance shall be`given that
it automatically will be so placed within a reasonable period of time.
(.c) Each lot owner shall have equal voting rights in the
Association and shall have the right to' the use -and enjoyment of the
_common property.
(d) Once established, all responsibility for operation and
maintenance of. the common land and facilities shall lie with the
Homes Association.
(e) Dedication of all common areas shall be recorded directly
on the subdivision Plat, or by reference o'n the Plat to a dedication
in a separately recorded document. Resubdivision of such areas is
prohibited. The dedication shall:
(i) Save the title to the common property to the Homes
Association free of any cloud of implied public dedication; and
(ii) Commit the developer to convey the areas to the
Homes Association at an approved times; and
(iii) Grant easement -of enjoyment over the area to the
lot owners; and
(iv) Give to the Homes Association the right to borrow
for improvements upon the security of the common areas; and
(v) Give to it the right to suspend membership rights
for non-payment of assessments or. infraction of published rules.
6. Covenants shall be -established, limiting all lots to one-
family' use- and all common lands to open space uses. No structures
may be erected- -on such common lands except as shown on the approved
Site Plan.
7. Each deed to each lot sold shall include by reference all
recorded declaratiors and other restrictions (includin;g assessments
and the 'provision for liens for non-payment of such)
8: - The Homes Association- shall be-perpetual; shall purchase
insurance; pay taxes, specify in its charter and by-laws an annual
homeowner.' s fee; provision for assessments, and provide that all
such charges become a lien on each property in favor 'of said
Association'.. The Association shall have the right to proceed in
accoO-dance with all necessary legal action for the foreclosure
and enforcement of liens, and it shall also have the right to
commence action against any member for the collection of.. any unpaid
assessment in any court of competent jurisdiction.
9. The developer shall assume all responsibilities as
previously outlined for the Homes Association until a majority
of the dwelling sites are sold at which time the Homes Association
shall be automatically established.
10. Prior to Site Plan approval the developer shall file with
the Town Board a performance bond to insure the proper installation
of all required improvements, and a maintenance bond to insure the
proper maintenance of all common lands until the Homes Association
is established. The amount and term of said bonds shall be
determined by the Planning Board, and the form, sufficiency,
manner of execution, and surety shall be approved by the Town
Board. :
X. By amending the Bulk and Parking Schedule of said ordinance
applicable to "A" Residential Districts by repealing columns B
in said schedule.
XI, ' By amending the Bulk and Parking Schedule of said ordinance
by increasing the lot width applicable to single famity dw-allings
in the "A" Residential Districts from. 135 feet to 150 feet.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice De(narpsff) st9oc JusticetSuter.
Meeting adjourned at 11 :30 A.M.
Albert W. Richmond
Town Clerk