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HomeMy WebLinkAboutTB-04/08/1958 MEETING OF APRIL 8, 1958. . The Southold Town Board met at the office' of. Supervisor Norman E. Klipp at Greenport, on Tuesday, April 8, 1958. The meeting was called to order with the following present: Supervisor Klipp; Councilmen .Albertson and Demarest; Justices Tuthill, and Price; Supt, of High- ways Price ; Town Attorney Tasker .and Town Clerk Booth. The Board sat at once as a committee on Audit to examine claims against the 'Town, concluding the Audit work at 2:00 o 'clock P.M. Moved by Justice Clark; seconded by Justice Tuthill:. RESOLVED: That the minutes of the meeting of March 25, 1958, be and hereby are duly approved as read. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Justice Clark: RESOLVED: That the regular monthljt meeting of this Board will be held at .the office of Supervisor Norman E . Klipp at Greenport, on Monday, April 14, 1958, at 7:30 P.M. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; second ed. by Justice Clark: WHEREAS , the term of Serge J. Doyen Jr.. as a member of. the Board of Appeals of the Town of 8outho d expires on April 19, 1958, and WHEREAS , Serge' J. Doyen, Jr. has rendered a most valuable service as a member of the Board of Appeals of the Town of Southold, NOW, THEREFORE, BE IT RESOLVED: That Serge J. Doyen, Jr. be and he hereby is re-appointed a member of the Boardodf Appeals of the Town of Southold for a term of five years , such term expiring on April 19, 1963.` Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. ,.- A communication was received from the Brushes Creek Property Owners Association Inc. requesting some financial assistance from the Town Board in opening the mouth of Brushes Creek, Moved by Councilman Albertson; seconded by Justice Clark: RESOLVED: That the request be granted to the Brushes Creek Property , Owners Association, Inc. for financial assistance in opening the mouth of Brushes Creek at Mattituck, Town of Southold, N.Y. .For every dollar spent by the Brushes Creek Property Owners Association the Town will contribute the same amount up to but not . to wxceed the sum of $325.00. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved 'by Justice Clark; seconded by Councilman Albertson: WHEREAS , it appears that the overhead bridge on Bridge Lane in the . Town of Southold has not been properly maintained and kept in repair by the Railroad Corporation NOW, THEREFORE, BE IT RESOLVED: That Supervisor Norman E. Klipp be and he hereby is directed to notify the proper officials of the Long Island Railroad and request that they take such steps as may be necess- ary to put the bridge in substantial condition in order .to properly insure the. safety amd security of the traveling public. Vote of Town Board: .Ayes®Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Councilman Demarest: RESOLVED: That General Bills in the amount of $10, 551.15; Lighting District Bills in the amount of $19638.80; Fishers Island Ferry District Bills in the amount of $8,148, 58,. be and the same are hereby ordered paid. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. At 2:30 P.M. the public hearing was opened by the Supervisor on the proposal to amend the Building Zone Ordinance of the Town of Southold. The minutes of this hearing were recorded by George T. Lederle. .14 Moved by Justice Tuthill; seconded ' by Councilman Albertson; WHEREAS, a petition was received signed by residents of New Suffolk re- questing that a street light be installed at the corner of New Suffolk Road and Wicks. Road, NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk be and he hereby is directed to request the Long Island Lighting Company to install one addit- ional aerial street light in the Cutchogue-New Suffolk Lighting District , said light to be placed on Pole 41 on New Suffolk Road, corner of Wicks Road. Also remove one aerial street light on Pole No. 42 and place the,, light on -Pole No! 43 on' New Suffolk Road at New Suffolk, Suffolk Co, Town of Sotthblj N.Y. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Councilman Demarest: WHEREAS .the Town Superintendent of Highways did, on the 25th day of March, 1958, duly recommend the purchase of a one half ton pick-up; pursuant to the provisions of Section 142 of the Highway Law, NOW, THEREFORE, BE IT RESOLVED: That pursuant to Section 142 of the Highway Law, the Town Superintendent of Highways is authorized to purchase , in accordance with the provisions of .Article 5-a of the General Municipal Law, with the approval of the County Superintendent of Highways , the following: One (1) New 1958 Model 102 IHC Pick-up Truck with all standard lights and reflectors to comply with the N.Y. State Law, for a maximum price of eighteen hundred eighty-seven & 511100 Dollars ($1887. 51) , delivered at Peconic, L.I . ,N.Y. and to be delivered on or about April 15, 1958. The Town Superintendent of Highways is hereby authorized,tsubject to the approval of the County Superintendent of Highways , to surrender to the vendor, .one 1953 Plymouth Station Wagon, as part payment for the above Pick-up to .be purchased. The terms of payment will be as follows: Trade-in allowance------------------ --------$800. 51 Check drawn on Machinery Fund----------------108 .00 Total-4 1887. 51 A contract of purchase for the item purchased shall be duly executed be- tween the Town Superintendent of. Highways and such vendor, and when duly approved by the County Superintendent of .Highways it shall become effect- ive. When such contract has been duly executed ands approved, the Supervise' is authorized to complete such purchase upon delivery of. the item purchased in accordance with the terms of such resolution and such contract , and to pay 'the above amount specified to be paid by check, drawn on the Machinery Bund for $1087.00. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson; .Councilman Demarest Justices Tuthill and Clark. . AMENDMENT NO. 14 The following resolution was offered by Justic® Henry A . Clark, who moved its adoption, seconded by Councilman Louis M. Demarest, to wit:- WHEREAS , at a meeting of the 'Town Board held on February 259 1958, proposals to amend the Building Zone Ordinance of the Town 'of Southold were referred to the Planning Board for its recommendation and official report, and WHEREAS , thereafter the Planning Board did file its recommendation and official report , and WHEREAS , thereafter the Planning Board did file its recommendation and official report on said proposals with the Town Board and a public hearing on said proposals was (thereafter held on April 8, 1958 by the Town Board, now, therefore , be it RESOLVED AND ORDAINED by the Town Board of the Town of Southold, Suffolk County, New York that the 'Building Zone Ordinance (including the Build- ing Zone .Maps) of the Town of Southold be and it hereby is amended to read as follows: (Amendment No. 14 found . on Page 15) Vote of Town B"bard: Ayes-Supervisor Klipp; Councilmen Albertson and' Demarest; Justices Tuthill and Clark® Adjournment was at 4:00 P.M. Ralph P. Booth Town 'Clerk rl .AIENWENT NO. 14 1. By amending the Table of Gontent.s, to, read as follows: TABLE OF CONTENTS Short Title Section Article I Definitions 140 Article II Districts 20O Article III "A" Residential and A'grioultural District 300 Article IIIA t'M" Multiple Residence District 350 Article IV "B" Business District 400 Article V "C" industrial District 500 Article VI Tourist, Camps', Camp Cottages and Trailers 600 Article VII Applications and Permits 700 Article VIII Board of Appeals 800 Article IX Amendments 900 Article X General Provisions 1000 2. ' . By' amending Article I, Section 10Q.$ paragraph 3 to read as follows : 3 - BOARDING AND TOURIST HOUSES w A building other than I a hotel where lodging, with or without meals, for five or more persons is furnished for compensation. 3. By amending Article It Section 100 by adding thereto a new paragraph to be paragraph 17A to read as follows: 17A _ MARINA OR BOAT BASIN - Any premises containing . one or more piers, wharves, docket bulkheads, buildings, slips, basins or land under water designed, used or in- tended to be used primarily for the docking, mooring or t J'I(A accomodation of boats for compensation, whether com- pensation is paid directly or indirectly: 4. By amending Article ,I, , Section 100 by, adding thereto a new paragraph to. be paragraph 17B to read as follows: 17B - MOTEL- A building containing guest booms or dwelling units each of which, or each pair of which has a separate entrance leading directly from :the out- side of the building, with garage or parking space conveniently located to each unit, and which is dew- signed, used or intended to be used primarily for the accomodati.on of motor vehicle transients. 5 . By amending; Article I. Section 100 by adding thereto a new paragraph to be paragraph 19A to read as follows: 19A - SIGN - A sign includes every kind of billboard, sign board, device or display, designed, arranged, t used or intended to be used to advertise, announce, direct or otherwise inform, ;including any writing, letter, figure�. Symbcl or mark painted upon or incor- porated in the exterior surface of a building or structure . 6. By amending Article I," `Section 100, by adding thereto a new paragraph to, be paragraph 23A to read as follows : 23A -Tourist Cottages - A detached building having less than three hundred fifty (350) square feet of cross section area, designed for or occupied as living and sleeping- quarters for seasonal occupancy., 7 ,; ,,By amending Article II, Section 200 to 'read as follows:. SECTION '200, - USE DISTRICT REGULATIONS - For the ,pur- ..� °:poser of this Ordinance; the Tot-in of. Southold, outside of; ,the Incorporat6d Villages; is hereby divided Into . -2- i four •(4) classes of districts which shall be designated as follows: . "All RESIDENTIAL AND AGRICULTURAL DISTRICTS "PSI" MULTIPLE RESIDENCE DISTRICTS "B" BUSINESS DISTRICTS „C" INDUSTRIAL DISTRICTS 8. By "amending Article III, Section 300 by adding thereto a new paragraph to be paragraph 3A to read as follows: ' I 3A - Marinas or boat basins for the docking. mooring or accomodation of noncommercial boats when authorized as a special exception by the Board of Appeals as here- inafter pr®v ded . - 9. By amending -Article III.. Section 300, paragraph 8 to read as follows; $ - Uses customarily incidental. to any of the above uses when located on the same lot and not involving 'the conduct o� a separate business. This shall be understood to include the professional office or stud.dlo of a doctor, dentist, teacher; artist, architect, en- gineer, musicians lawyer, magistrate or practitioner of aIsimilar character or rooms used for home occupations including dressmaking, millinery or similar handieraftsl PROVIDED that the office, studio or occupational rooms are: located in a dwelling in which the, practitioner resides and in a building accessory thereto, and PROVIDED furthers no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet occupation In total area, bearing only the name and occu p (words only) of the practitioner. ' 10. By amending Article III, Section 300, paragraph 9 to read as ' follows: _3� 9 - The sale at retail of farm garden or nursery prod- ucts produced on the premises or of animals raised on the premises . One (1) advertising sign, either single or double faced, not exceeding twenty-four (24) square feet per face area, advertising the sale of farm garden . or nursery products produced on the premises or1'Pf _a,ni- mals raised on . the premises . ll.' By amending Article III, Section 300,' paragraph 10 to read as follows: 10 one (1) real estate sign., either single or double Faded, not larger than twelve (12) square feet in area on any one (1) or more lots., advertising the sale -or lease of only, the premises on which 'it is maintained and set back not less than the required front yard distance and not less than ten (10) feet from each side line. When the advertising sign is for the purpose of the sale or lease of acreage, or the sale of lots in a subdivision, one (1). r eal estate sign, either single or double faced, not exceeding twenty-four (24) square feet will be permitted on each five hundred ' (500) feet to one thousand (1000) feet of frontage on the highway or highways on which the property fronts, PROVIDED said sign is set back -not less than the front yard restrictions required and not less than ten (10) feet from each side line. The lower edge of the sign shall be not less than three (3) feet above the ground, and the upper edge of the sign shall not extend more than fifteen (15) feet six (6) inches above the ground . if the premises has a frontage of less than five hundred (500) feet, the sign shall have an area of not more -4- than twelve (12) square feet and the same restrictions shall a.pPly. 12. By amending Article III, Section 300 by adding , thereto a new paragraph to be paragraph 11 to 'read as follows :. 11 .- Signs as provided in Section 408 of this Ordi- nance when authorized as 'a special exception by the Board of Appeals as hereinafter provided. 13. ' By amending Article III, Section 303 to read as fol- lows: SECTION 303 - "A" SIZE OF LOT AREA - In the. Resi- dential and Agricultural District, no buildingehall be erected or altered on a lot having an area of less than twelve thousand five hundred (12,500) square feet and a frontage of less than one hundred (100) feet. .14. By amending Article III, Section 307 to read as fol- lows: SECTION 307 - "A" SIDE YARDS - In the "A" Residential and Agricultural Distract, there shall be two (2) side yards, one (1) on each side of the buildings, the total aggregate of both aides shall be twenty-five (25) feet and no one (1) side yard shall be leas than ten (10) feet. PROVIDED that, in the case of a lot held in single and separate ownership at the effective date of this Ordinance, of a width less than one hundred (100) feet and of an area, less than twelve thousand five hundred (12,500) feet, a single family dwelling t> may be built thereon with.. side' yards reduced fifty (50) percent and may be further reduced when author- ized as a .special exception by the Board of Appeals as hereinafter provided . -5- 15 . By amending -Said Ordinance 'by adding thereto a new Article to 'be Article IIIA to read as follows: ARTICLE III A , "M" Multiple Residence District SECTION 350 - In the "M" Multiple Residehoe 'District, no building. or premises shall . be used,`. and no building ' shall be hereafter erected or altered unless otherwise provided in this Ordinance except for one (1) or more of the following uses: 1 . A use permitted in an "A" Residential 'and Agri- cultural District. 21 Mult.ipl e: dwellings designed for and occupied by not more than four (4) families , 3. Hotels., motels and boarding and tarist houses . 4. Tourist cottages . (More .than one (1) Tourist Cottage may be permitted on a lot when authorized as a special exception by the Board of Appeals as hereinafter provided). 5 . Accessory uses on the same lot with and custom- arily incidental to any of the above permitted uses . SECTION 351 - HEIGHT - In the I'M" Multiple Residence District, no building hereinafter erected or altered shall exceed thirty-five (35) feet or three (3) stories in height. SECTION 352 - BUILDING AREA - In the "M" Multiple Resi- dence District, the total building area shall not exceed fifty (50) per cent of the lot area. SECTION 353 - SIZE OF LOT .AREA - In the "M" Multiple Residence District, no building shall be erected or altered on a lot having an area of less than twelve thousand five hundred (12,500) square feet and a frontage 1 -6- of, less than one hundred (100) feet . =� SECTION 354 - FRONT YARD - In the 14M" Multiple Residence District, the required front yard shall be not less than thirty (30) feet. SECTION 355 - Where the property in the vicinity is partly built up with permanent buildings and an average setback line has '`been established., no. building herein- after erected or altered shall project beyond the line ' of the average s'etbaft so established.. SECTION 356 - In the case of a corner lot of record at the time of, the adoption of this Ordinance., a .front yard shall be required . there an average setback line- has been established on each street, the yard depth shall be established on a- 1-ine with said average setback lines projected to' a point of intersection If no average setback lines have been established, the re- r quires: front yard shalt not be less than thirty-five (35 ) feet from each street line unless decreased as a special exception by the Board of. Appeals as herein- after provided . SECTION 357 - SIDE YARDS -- In the "M°t Multiple Residence Distract, there shall be two (2). s.ide yards, one (i) ,on each side of the buildings, the total aggregate of „bo'th, side yards shall be twenty-five (25) feet and no one (1), •side yard shall be less than ten (10) feet. SECTION 358 - DEAR YARD - In the "M" Multiple Residence District there shah be a rear yar d' having; a minimum depth of twenty-five (25) feet. 4, SECTION 359 -- OFF-STREET PARKING AREA - In the "Me, Multiple Residence District, no building; shall be, here- after erected or altered or added to in excess of fifty (50) percent of its area prior to the adoption of this -7- Ordinance, unless a minimum provision for off-street parking shall be made as follows: (a) Dwellings - One (1) parking space for each family unit. (b) Hotels, boarding and tourist houses - One (1 ) panting apace for each two (2) guest rooms. (c) Motels and Tourist Cottages - One, (1) parking • space for each guest room or dwelling unit. SECTION 360 - SIGNS - In the "M" Multiple Residence District the following signs are permitted. (1) Signs permitted in an "A" Residential and Agri- cultural District. (2) on premises used for hotel, motel, boarding an tourist house purposes, unless otherwise provided as a .' special exception by, the- Board of Appeals as herein- after provided, one (1) advertising sign either single or double faced not exceeding fifty (50) square feet in area advertising only the business conducted on the . premises and set back not Tess than five (5) feet from all street and property lines. 16. By amending Article IV, Section 400, paragraph 1 to read as follows: 1 - one (1) family or two (2) family dwellings; multi- ple family dwellings. Notwithstanding any other pro- visions of this Article, such dwelling when erected or altered in a "B" Business District shall comply with the provisions of Sections 301 to 308 inclusive of this Ordinance . s . 17. By amending Article IV, Section 408 to read as follows: SECTION 408 - SIGNS - Unless otherwise authorized as a special exception by the Board' of Appeals as herein- -8- provided, the following signs are permitted in a "B" Business District: (a) DETACHED UR GROUND SIGNS - One (1) sign, single or double faced, not more than six (6) feet six (6) inches. in height and twelve (12) feet six '(6) inches in width, the lower ,edge,,,,of "which shall be not led6' than three (3) feet above the ground and the upper edge of which shall not extend more. than fifteen (15). feet six (6) inches above the ground, which sign shall be set back -not less than five (5.) feet from all street and property lines and shall advertise only the business conducted on the premises . (b) STALL SIGNS - One (1) sign attached to or in corporated in each building wall on a public street � and advertising only the business conducted in such building, provided such sign does not: ,a 1. Exceed two (2) square .feet in total area for each horizontal foot of such wall, and 2. Exceed .in width seventy-five (75) percent of the horizontal measurement of such wall, and 3. Exceed ten (10) feet in height, and 4. Exceed fifteen (15) feet six (6) inches from ground level to the upper edge of the sign, and 5. Project more than, one (1) foot from such .wall. 18. By amending Article IV, Section 409 . to read as follows : SECTION 409 - "B" SIZE OF LOT AREA - In the 11B11 -Busi- ness District, no building shall be erected or altered on a lot having an area of less than seventy-five hundred (7,500) square feet and a frontage of less than fifty (50) Feet. 19. By amending Article IV, Section 410, paragraph (b) to read as follows: (b) 'Theatres and Restaurants - one (1) parki:Ag space .for every seven (7) seats . 20. By amending .Articles V, Section 500 by repealing the last. paragr.aph of oaid Section. 21.. By amending Article V, Section 502 to read as follows: SECTION 502 - .SIGNS - The provisions of Article IV, ,Section 408 of this Ordinance shall apply to signs in a 'IC" Industrial District . 22. By amending Article V, Section 504 to read as follows: SECTION 504 - "C" SIZE OF LOT AREA - In the ";" In•- dustrial District, no building shall be erected cr altered on a lot having an area of less than t'relve thousand five hundred (12,500) square feet and a Front- k age of less than one hundred (100) feet. 23. By amending Article VI by adding thereto a r»w Section e 1 to be Section 501, to read as ]col?ows: SECTION 601 - AUTOMOBILE TRAILER OR HOUSE CAR Not- withstanding, any other provisionsrf this Ordinance, a single automobile trailer or house car may be located outside a tourist camp only when authorized by the Town Board, and subject to such conditions .as may be pre- scribed by the Town Board . 24. By amending Article VII by adding thereto a new Section to be Section 703A to read as follows: SECTION 703A - A permit will be required prior to the erection of or addition to all, signs except signs per•- mitted by Article III, Section 300, paragraphs 8, 9 and 10 of this Ordinance. Metal identification tar.,s., serial • ly numbered shall be affixed by the Building Inspector to all signs for which a permit is required . 25 . By amending Article X; 'Section 1001 to read as follows: -10- SECTION 1001 - Notwithstanding any other provisions of this Ordinance, all automobile or other junk yards in existence at the effective date of this Ordinance shall within three (3) gears from such date provide suitable screening in 'the farm of fencing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to � the approval of the Board of Appeals. 26. By' amending Article X, Section 1002 to read as follows: SECTION 1002 - Notwithstanding any other provisions of thiq Ordinance, any sign in existence at the effective date of this Ordinance which does not conform to the- provisions of this. Ordinance, shall within five (5) years from such date be discontinued unless its con- tinuance is authorized as a special .exception by the Board of Appeals as hereinbefore provided . 27. By amending Article X, Section 1006 to read as follows : SECTION 1006 - No wall, fence, or other structure and no hedge, tree, shrub or other growth shall be erected, altered or. . maintained on any corner lot at any point Eviithin twenty (20) feet from the intersection of the street lines, which may cause danger to traffic on. a street -by obscuring the view. 28. By ame-i4ing Article X, Section 1007 to read as follows: SECTIQ' ;.1007- NON-CONFORMING USES - Unless otherwise authorized as a special exception by the- Board of Ap- peals as hereinbefore provided, the followingprovision� shall apply to non-conforming uses : • (a) The lawful use of a building or premises ex- isting on 'the 'effective date of this Ordinance, or authorized by a building permit issued prior thereto, - 11- may be continued a'-though such use does not conform with the provisions of this Ordinance and such use may be ex- tended throughout the building lawfully acquired prior to said 'date. (b) A non:-conforming use of ,a building .or premises may be changed to a use of the same or. higher classi- fication according to the provisions -of this Ordinance. (c ) Whenever & district shall h,ereafter ,be changed, . any then existing non-conforming u"c of a building or premises in such changed district may be continued or changed to a use of a similar or bigher classifteation, provided all other regulations governing the new use are complied with. (d) Whenever a non-conforming, use of a building or premises has been discontinued for a period of more than two (2) years, or changed to a higher classifica- tion, or' to a conforming use, anything in this Section to the contrary notwithstanding, the non-conforming use of such bullO,-kng or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals as hereinbefore -provided. (e) A non-conforming building may not be recon- structed or structurally d1tdred during its life 'to an ,extent exceeding in aggregate cost fifty (50) percent, of the fair valuc of the building.., unless the use of such building is changed to a conforming use. (f) A non-conforming building which has been damaged by fire or other causes' to the extent of more than fifty (50) percent of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. -12-