HomeMy WebLinkAboutTB-11/29/1994 240
SOUTHOLD TOWN BOARD
NOVEMBER 29, 1994
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd.
9:05 A.M. - Planning S Zoning issues: The Town Board reviewed the proposed Local
Law for Bed 8 Breakfast Facilities, and agreed that (1) they would not distinguish
between major and minor; (2) all B&B's would go to the ZBA for a special exception
regardless of the number of rooms (3 or less) ; (3) the criteria in the current
proposal would be included, as well as a requirement for a building permit from the
Building Department, and an annual renewal permit issued by the Town Clerk. The
question of using the words "Bed & Breakfast" on a sign on the property was
considered: Yes: Supervisor Wickham, Councilmen Townsend & Lizewski,
Councilwoman Oliva. No: Councilwoman Hussie,. Justice Evans. The proposed Local
Law will be revised and resubmitted to the Town Board on the 13th of December for
consideration.---The proposed Local Law on Signs was discussed. A hearing was
held on November 15th. With minor changes the law was put on the agenda (no.
26) for enactment.---The proposed Local Law on Lighting was discussed. There
are still questions on height and glare. This will be resubmitted to the Board on
December 13th for consideration.
10:30 A.M. - Solid Waste issues: Solid Waste Coordinator James Bunchuck met with
the Board at this time, and the DEC comments on the Town of Southold Draft Solid
Waste Management Plan were ' reviewed item by item. Tasks to prepare responses
were assigned"'to Mr. Bunchuck, Town Attorney Dowd, and the Solid Waste Task
Force.----Solid Waste Coordinator' Bunchuck advised the Board that the Town of
Huntington will be holding an auction on December 1st, and the trommel screen
which the Town recently leased will be auctioned. After conferring with
Superintendent of Highways Jacobs they agreed that if the Town intends to produce
a marketable' compost product, it would be necessary to have it screened, and if
a trommel screen could be acquired at a reasonable price, it would be in the Town's
interest, although Mr. Jacobs is not familiar with the Huntington machine. Later
in the day Mr. Bunchuck spoke with Huntington and they expect, the -screener to
sell for at least $50,000. Mr. Bunchuck was authorized to attend and'to bid .up
.to $50,000. (On December 1st Mr. Bunchuck attended the auction, and the machine
went to Ramco Co. of Center Moriches for $50,000. He is certain Ramco would have
continued to bid even if Mr. Bunchuck had been able to go higher. )
11 :35 A.M. - Personnel issues: Senior Accountant John Cushman, and Personnel
Assistant Barbara Rudder joined the Board for the following discussions: In the
1995 Budget the position of Assistant Director of Human Services was abolished.
The position is held by Marie Helinski, who would be willing to retire on February
28, 1995. The Board could keep Mrs. Helinski on until that date by modifying the
1995 Budget after the first of the year. They agreed to honor the request,
provided she submits a letter of intent.----An Ordinance Inspector list has been
requested and received and former Ordinance Inspector Vincent Wieczorek is on a
a preferred list. An interview will be arranged.----The position of Exempt
Secretary to the Town Attorney; held by Ruthanne Woodhull, will be abolished and
a transfer from her former position of Senior Stenographer with BOCES will take
place (resolutions 20-23), although Councilman Lizewski stated he would like to go
through the civil service procedure and call for a list of eligibles.----Town Board
agreed to the appointment of Phyllis Atkinson to the Board of Assessment Review
241
(resolution no. 26) .----Agreed to advertise for resumes for the expiring positions
on the Board of Appeals and Planning Board (resolution no. 28) .----Appointed three
applicants to the Cablevision Advisory Committee (resolution no. 29) .
EXECUTIVE SESSION
12:05 P.M. - On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman
Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry,
Town Attorney Dowd, Senior Accountant Cushman, Personnel Assistant Rudder.----
The Town Board discussed personnel matters.
12:15 P.M. - Recess for lunch.
1 :30 P.M. - Work Session reconvened. Finance issues: Discussion was held on
establishing criteria for not-for-profit organizations for receiving donations from the
Town. The discussion at the November 15th work session was recapped by
Supervisor Wickham: (A) Mandatory: need, annual financial statements, maximum
dollar per agency, count of attendees for different programs offered. (B)
Prioritizing : need in support of Town's objects (no other available revenue sources) ,
limit on number of years in which an organization will be funded. It was agreed
Supervisor Wickham would further define the criteria for the December 13th work
session, and each Board- member will write a proposal on how the program will
work.----Reviewed the proposal of Val Stype S Sons, Inc. Insurance Agency, the
Town's Insurance Broker, for providing insurance coverage for 1995 (resolution no.
30) .----Concerning the establishment of minimum fees for Code Enforcement,
Supervisor Wickham will ask the Town Justices to make recommendations.
2 :15 - The Town Board discussed the agreement between the Towns of Southampton,
East Hampton, Riverhead, Southold, and Shelter Island, and Entek Research, Inc.
to provide consulting services to perform a preliminary feasibility study of the
Towns acquiring the transmission and distribution system of the Long Island Lighting
Company and the establishment of a community-owned utility known as a municipal
electric utility. The Board agreed Supervisor Wickham should execute the agreement
provided all the other Towns have agreed to sign.----Request from Electrical
Inspectors, Inc. for designation as electrical inspectors for the Town was
considered. Currently the Town has two designated private corporations to provide
inspection services, and decided that that is sufficient for a Town of this size.----
Reviewed a request from Director of Human Services Venetia McKeighan to
discontinue the After School Latch Key Program due to .the small number of families
who are utilizing it (see resolution no. 31) .----Memorandum from the Town Clerk
providing buy-out information on the blood pressure monitoring machine. located in
Town Hall (resolution no. 32) .
EXECUTIVE SESSION
3 :00 P.M. - 'On motion of Councilman Townsend, seconded by Justice Evans, it was
Resolved that. the Town Board enter into Executive Session. Vote of the Board:
Ayes : Supervisor Wickham, Councilman Lizewski, Councilwoman Hussi,e, '.Councilman
Townsend, Councilwoman Oliva, Justice Evans. Also present Town Clerk. Terry,
Town Attorney Dowd. The Town Board discussed contract negotiations on the North
Fork Animal Welfare League contract and negotiations on the Fort Corchaug
property.
3 :45 P.M. - Work Session adjourned.
242
REGULAR MEETING
i
A Regular Meeting of the Southold Town Board was held on
November 29, 1994, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills' in the .amount! of $40,278.30; General Fund Part Town
bills in the amount of $575,075.07; ' Nutrition Fund bills in the amount of
$1,855.55; SNAP Program bills in the amount of $641 .29; Highway Fund
Whole Town bills in the amount of $3;1,441 .64; Highway Fund Part Town bills
in the amount of $40,005.40; Lighting/Heating Capital A/C bills in the
amount of $515.86; Sweeper 8 Payloader Capital bills in the amount of
$605.28; Employee Health Benefit Plan bills in the amount of $61,282.23;
Fishers Island Ferry District bills in the amount of $25,402.02; Southold
Shores Road Improvement District bills in the amount of $85.99; Shorecrest
at Arshamomaque bills in the amount !of $171 .95; Refuse and Garbage District
bills in the amount of $11,531 .96; ; Southold Wastewater District bills in
the amount of $29,720.59; Fishers Island Ferry District Agency & Trust bills
in the amount of $691 .69.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the minutes of the November '15, 1994, Town Board
meeting be and hereby approved.
Vote of the Town Board: Ayes: ; Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by'Councilwoman Oliva, it was
RESOLVED that the minutes of the November 16, 1994, Special Town Board
meeting be and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman . Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED. ,
Moved by Councilwoman' Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the next regular meeting of the Southold Town Board will
be held at 7:30 P.M., Tuesday December 13, 1994, at the Southold Town
Hall, Southold, New York.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly, ADOPTED.
I . REPORTS.
1 . Southold Town Supervisor's Monthly Budget Report for October,
1994 '
2. Southold Town Dog Shelter'si Monthly Report for August, 1994.
243
II. PUBLIC NOTICES. None.
III . COMMUNICATIONS. None.
IV PUBLIC HEARINGS.
1 . 5:00 P.M., on a proposed "Local Law in Relation to Wineries".
2. 5:05 P.M., on a proposed "Local Law in Relation to County Route
48".
V. RESOLUTIONS.
(Due to the malfunction of the tape recorder, the remarks of Phil Van
Bourgondien and F.M. Flynn prior to the resolutions, are not on record.) .
1 —Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund Part Town to
transfer donated fund for D.A.R.E. items:
To:
Revenues:
B2705 Gifts E Donations $ 190.00
Appropriations:
B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 190.00
1 -- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2•- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board on this date, a
Local Law entitled, "A Local Law in Relation to Stop Signs"; now, therefore,
be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, December
13, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on the aforesaid Local Law, which reads as
follows:
A Local Law in Relation to Stop Signs.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles E Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Article III, Section 92-30 (Stop intersections with stop signs)
is hereby amended by adding the following:
Direction Location
Stop Signs on of Travel At Intersection with (hamlet)
Spur Road East Highland Road Cutchogue
Crown Land Lane East Highland Road Cutchogue
II . This Local Law shall take effect upon its filing with the Secretary of
State.
2'.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3•-Moved by Councilman Townsend, seconded by Councilwoman • Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
bid of Gabrielli Ford Truck Sales & Services, Inc., Medford, N.Y., in
the amount of $41,950.00, for one (1) used 1994 Ford LN8000 Dump Truck,
all in accordance with the bid specifications.
3--Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2 4 4 ;N.0VEMl3ER :29, 1994
4•-Moved by Councilwoman Hussie, 'seconded by Councilman Townsend,- it
was
RESOLVED that the Town Board of! the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute a lease agreement
between Rothman's Department Store and the Town of Southold for the
lease of their parking lot located on the southerly side of Traveler Street,
Southold, for a term of two (2) years to commence on June 1, 1994 and end
on the 31st day of May, 1996, for an annual rent of $125.00.
4•- Vote of the Town Board: Ayes': Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5•- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Conservation Advisory; Council member Betty Wells, and Senior
Planner Valerie Scopaz to attend a; conference entitled, "The Public Trust
Doctrine on Long Island, Public and Private Rights in Coastal Areas", on
Thursday, December : 15, 1994, at ;MacArthur Airport, Ronkonkoma, N.Y.,
and the $40.00 registration fee per person, which includes luncheon and
materials, and travel by Town vehicle, shall be a legal charge to the
Conservation Advisory Council and Planning Board 1994 Budgets.
5•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham. '
This resolution was duly ADOPTED.
6•- Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of 1the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
New York State Department of State,and the Town of Southold for a $25,000
grant for the development of a Town of Southold Harbor Management Plan
under the Local Waterfront Revitalization Project; all in accordance with
the approval of the Town Attorney.
6•- Vote of ' the Town ,Board: Ayes:1 Justice Evans, Councilwoman ' Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
�•- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
New York State Department of State and the Town of Southold for a $25,000
grant for the development of a final draft Local Erosion Management Program
under the Local Waterfront Revitalization Project; all in accordance with
the approval of the Town Attorney. 1
7•- Vote of -the Town Board: Ayes: 'i Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED .that the Town Board of the Town of Southold, in accordance with
Section 48-2.C(4) of Chapter 48, Garbage; Rubbish and Refuse, of the Code
of the Town of Southold, hereby sets the- following prices for 'the sale of
the new Mini Town Garbage Bag, which is 221lx2411, .06 mils,, 10 microns -
$.50, and $.45 wholesale to the retailers who will be reselling the bags.
8•- Vote of the Town Board: Ayes: Justice• Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Supervisor Wickham, seconded by Justice Evans, .
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 29th: day of November, 1994, a Local law entitled, "A
Local Law in Relation to Tipping Fee"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, December
13, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Tipping Fee
BE IT ENACTED, by the Town Board !of the Town of Southold as follows:
I
NOVEMBER 29, 1994
245
I . Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended to read as follows:
1 . Section 48-4.B. is hereby deleted, and a new Section 48-4.B.
is hereby enacted:
B. Effective -October g, 1-9,9% Arrr addition to the fees
estabHs•hed -irr Ytg-4-k of this ci aptet-, #berms &WI be a-fee-
of three and five-tenths- Cents- F$G.-035} per petmd an Foads
eentaitning the €ol4ew1n9
B. In addition to the fees established in §48-4A of this
chapter, there shall be a fee as prescribed by resolution
of the Southold Town Board, on loads containing the
following:
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions.
** Overstrike represents deletions.
9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following budget modification to the General fund - Whole Town 1994
Budget to appropriate Fishers Island Conservancy's donation for overdrawn
expenditure line for Fishers Island Mosquito Program:
Revenues:
A2705 Gifts & Donations $ 233.00
Appropriations:
A4010.1 Pubic Health, Personal Services $ 233.00
10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .-Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for a Clerk for the
1994-1995 Tax Collection season for the office of the Tax Receiver, at a
salary of $6.35 per hour.
11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
12.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Deputy Town Clerk Elizabeth A. Neville to attend a
Documentary Heritage Program Grants Application Workshop on Thursday,
December 1, 1994, from- 10:00 A.M. to 4:00 P.M., at SUNY Farmingdale,
and the necessary expense for lunch and transportation shall be a legal
charge to the Town Clerk's 1994 Budget.
12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
13.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Lawrence Healthcare Administrative Services, Inc. to pay the Eastern Long
Island Hospital, North Fork Radiology P.C., and Lawrence Walser, M.D.,
for medical care of retiree Edna: Brown, which claims were received by
Lawrence Healthcare more than 90 days after the date of service.
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
246 NOVEMBER 29, 1994
I
14.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Stephanie Graseck as -a seasonal part-time Clerk Typist in the Assessor's
Office, effective December 19, 1994 through January 13, 1995, at a salary of
$6.50 per hour.
14.- Vote of the Town Board: Ayes: , Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.- Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 6th day of September, 1994, ' a Local Law entitled, "A Local Law in
Relation to Signs"; and
WHEREAS, this Local Law was referred to the Southold Town Planning Board
and Suffolk County Department of Planning for their recommendations and
reports; and
WHEREAS, the Town Board held a public hearing on this Local Law on the
15th day of November, 1994, at which time all interested persons were
given an opportunity to be heard; now, therefore be it
RESOLVED that the Town Board hereby enacts Local Law No. 25 - 1994,
which reads as follows:
LOCAL LAW NO. 25 - 1994
A Local Law in Relation to Signs
,BE IT ENACTED, by the Town Board' of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the.Code of the Town of Southold is hereby
amended as follows:
INTENT - This ordinance is intended to organize and simplify the existing
sign code to limit sign lighting and size, and to permit roof signs,
directional signs, contractor signs and subdivision signs. This ordi-
nance is adopted pursuant to the Town'.s police power.
1. Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
OFF-PREMISE SIGN - Any sign that identifies, advertises or calls
attention to a business or activity taking place on property other
than the premises on which the sign is located.
2. Section 100-13 (Definitions) is hereby amended to read as follows:
SIGN AREA - Includes all faces of, a sign, measured as follows:
(1) When such sign is- on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or out-
line shall be included.
(2) When such sign- consists only of letters, designs or figures
engraved, painted, projected, or in any manner affixed on a
wall, the total area of such sign shall be deemed the area-
within�h iGh�—aa l l—v�� �ie-�e-'i `� ..h i r.h 1.h r a-e may
-
�� that encompasses all the letter and symbols of
the sign, together with the area of any background of a color
or material different from the general finish of the building,
whether painted or applied.
3. Section 100-31A(2) (a) (2) is hereby deleted in its entirety.
(2) All Gha! , ^arm to-the-Erevisiens of Sest4an._,-a-Go . .
3 I n��T
4. Section 100-31C(2) (h) is hereby deleted in its entirety.
I
(h) For signG, see Sest�en io93i(c) {-q3 _
5. Sections 100-31C(2) (i) and (j ) are hereby re-lettered (h) and (i) .
6. Section 100-31C(9) is hereby deleted in its entirety. .
(9) The following signs, subject to the SUPPIeMGRtar-51 G�LqR r-GqUia-
tiens €er##-'in-A �'QI VV
(a) NG+- more than twQ (2) namgpiat6a contakning
only names or 'profe-e�-ena, `g-F!s eentaining only d
professional "home pr-Gfes-
rinnal offinell ar, -let forth in t#je ehapter� sash ns,
square feet in area.
I
NOVEMBER 29, 1994 247
(h) Not o }han two (2) signs with-a-eem#aine�l��l-��e�-�_
not more than forty-eight (48) square feet, no one ae
Wh i„h shall be , arger than--twenty€akar (24)-square f-ec+ In
size' adverti-Ang only of:
produGts grown ems-the-premises or a€-Arnimtls =4 i
premises.
not larger "an tweive (12) square feet in Rim, op-a4py-lan-9
(1-) ev more lots, advertising the sale oriease of oniy—
the-pram.^ on which-it;-is malntalned gnd Rpt 43 +
.1_QQQ than fifteen (15) Feet from-an�rr.6t line. where
aereaae er ; Rubdivirionhas a-oentinueus frontage of five
hundred (209)__feet or more, said sign h , ,
twenty-four-(24) square feet i.. siaeT
or ether annasnGement Qr- id + F'
L
(5) , (6) , (9)a d (9-) gf the Agricultural eeistrict, not
MorQ than. -
- *.��n.-fs83-scgtiare feet in area, located +
f less than • zze-en-(-15) feet-€rem-any-street or le} line.
t ican by the 20ard. of AppGaIG
7. Section 100-31C(10) is hereby renumbered 100-31C(9) .
8. Section 100-42(C) (1) is hereby amended to read as follows:
(1) Accessory uses as set forth in and regulated by Section 100-
31C(1) through (7) and-1101, of the Agreicultural-Conserva-
tion District, and subject to conditions set forth in Section
100-33 thereof.
9. Section 100-42(C) (2) is hereby deleted in its entirety.
more than eighteen (18) square feet _JA a
and the upper edge
sign shall '
iRdwo-te only the name of I- ____4_eP _Ru.Q__h. -sign shall be- rgt;
bac* nQt; , + hen Fi€-teen (15-)--€eet from all street and 1Q}
Shall Comply with ;;-II of
sign regulationsset forth In.--isle vv
10. Section 100-42(C) (3) is hereby renumbered 100-42'(C) (2) .
11. Section 100-61(C) (2) is hereby.deleted in its entirety.
(2)—Silts as reeul-ated by i48 31G(g) of Agricultural-
C-nPG=
tGRn!G club, if thA building
onesign with
tranFe get b__,_ -a I fiiteen-05) feet use }h
1.2. Sections 100-61C(3) and (4) are hereby renumbered (2) and (4) con-
secutively.
13. Section 100-71(C) (2) is hereby deleted in its entirety.
' i^ns set €girth in ;rtlo e. X_X
l • l l at ed s amepia'te or-
sign
on any GRS
(1) or more lots, advertising the Gale or- !a-R-RQ- Qf only
the-t rem; h it is ma=i�tained and set bar.11 }
oca �h�n f; fto n (19z% F-ct £.rom an
age or on G of five
hundred (500) feet or more, said sign May not exoeed
twenty-four (24)-square feet in, ip;Q_
(^) One (' ) buI Qt heard or ether-aneeunaement-orjdont j f i
cation G!gR EGV uses permitted by Section I-00-2ig(3) , (4) ,
area., loca�Qd
street Mr let line.
2 `t V NOVEMBER 29, 1994
14. Section 100-71.(C) (3) is hereby renumbered 100-71(C) (2) .
15. Section 100-81.(C) (2) is herby deleted in its entirety.
la�91cins, hje-,e.t t th f l 1 +
T 9 3
(a) —Freestanding or gro4n.a ;gns• ,here the building is set-
hank twenty-five (7GT_f^et or mere €rom the street, one
(1)sign, single- or double-faced, net more than eighteen
to-a-::all €e noe,,and the-a-paeV edgG Of WhiGh shaii AQt
extend- ►eye +- . fifteen (15) feat ..h,,,,^ the round, ;;his#
sign shall be cot haak" net less than f i€tesn-rlSTfaot-
€rom all gtrnnt PAd,-property li eg nd Rhall- wertieo-
enly the-hus4aes0 cOQnduated Q the .remises As •,mod is
this s;-,bseetioa, the wor-jr, mQ;;=;-all ea;-
t;g„^,,c-property in 'common o;.-Mer6h,p
(b) Wall signs one Tl�-sigRattashed to or laser .r-a+pia
e_R r--h -hu-ilding wall-R a publisstreet and. ;;,-..4r-tieing Only
such-sign
(1) E;;Geed one (1)Ggaare foot in total area for each
(2) Exceed- ie-wldthQ.,,,,e h-�^dsed-Percent-(100%) Q f the
(3) &EGeed-three-(3) feet inheight
(4) Pr-oject mare than-Gne-(1) foGt- rGm-ri,Gh-.-.rallT
16. Section 100-91(C) (2) and (3) are hereby deleted in their entirety.
To=,—Signs,,-a s set .€e r-t h in sec--t ie n-1QQ-81Q(''i 2)-o f the I im ite«8 u s i
noss lytxintt -
3) Piretienal Q--in€ormational-signor,- AQt exGeedi two (2 4
square feet, ,.,hish the lallanning Board fia,;r, +^ tip ReVGGGary to
17. Section 100-101(C) (2) and (3) are hereby deleted in their entirety.
(2) Wall s 3 y^:a--ao--set-forth 'a non regulated in S e r-t i 1 n n-21 G(2) (b)_
of the-ii mi t:QC3 usi Hors=.gist—ist.
. (3) Freestanding ng or ground signs Where the h„; l a;., is Ret h, R=k
twenty-five-(a 5)--€ e+ or more from treet, GAG - a 9 ---
,4�h e-,d of than +.",o„ty- (241
single- e� de le-€a^ more €�u�'-�.-,-o.3uare
foot, t4^ 1^ ^dgo of ••'h;^h shall be not less than foiar- (4-�-
ennt RbQ,,e the ground,u laes-attached,e a coal ler f^^,.,, and
the upper edge of ..,h;r.h not exten.d. than more
(!5) feet -.boo the gr 6d sha l be pe ittE"ea, ."•hiGh ign rh•�l l
I-,Q aQt h=^i. ^^t 1^ss the f; ftGGn (15) LQQ+- from all street and
property lines and shall advertise only the
on the-p s s Ts sed- in this subsection the ;aerd llpremIG-
shall mean all eentiguous-property ownership
p
18. Section 100-101(C) (4) is hereby renumbered 100-101(C) (2) .
19. Section 100-111(c) (2) is hereby deleted in its entirety.
(2) Signs,. as set forth nld regulated by Sect;: Gf
the T ; it;Qd a,.s;n T1; r.�r;ot
20. Section 100-121(C) (2) is hereby deleted in its entirety.
(2) Signs, as et forth lin and regulated by Section of
21. Sections 100-131(C) (2) and (3)I are hereby deleted in their entirety. .
( Wall signG as sat forth in ano.'a regulated e'� -section z o^o=
R1 n,(2)(b) of the Limited 'Susiness District, l ;,„;tod to M;aX,-
mum-spas of thirty (-�) r.'gaare feet in area.
(3) Freestanding. --o^zr—g round sl.giac as ret fQxrth -in and regulated by-
S6^� of f--Q CQnQ.r_anj—R,4gin.Qp2 D3.ot-.rr_-.'_Ct-
22. sections 100-191(C) (4) through; (11) hare hereby renumbered (2)
through. (9) consecutively.
NOVEMBER 29, 1994 249
23. Sections 100-141(C) (2) and:(3) are hereby deleted in their entirety.
(3) Wall signs -Qt -forth and as regulated by-Section 10GP_
87cp) (bl .,f District, limited }^
mum of thirty (30)--square feet i re .-.
(3) Freestanding ground slgas as set €girth in and as reg
byco,tist3 l00 IO3 (3) o€ the 6entaral R ss n' } }
24. Section 100-141(C) (4) is hereby renumbered 100-141(C) (2) .
25. Article XX (Signs) , Section 100-201(B) is hereby amended to read as
follows:
B. Except as otherwise provided in this chapter, signs shall
not hereafter be erected, structurally altered, enlarged or '
moved or reconstructed within the Town unless a permit is
obtained from the Building Inspector and payment of a required
fee per sign in accordance with the Town of Southold fee as
specified in Subsection F below.
(1) The following two • (2) operations shall not be considered
as creating a new sign and, therefore, shall not require a
new sign permit:
(a) Replacing copy: the changing of the name, advertis-
ing or message on an approved sign. which is GF9Gifi_-
Gally—deslgned €a=—tha--ugee€ rep laseable cep} .
(b) Maintenance: painting; cleaning and other normal
maintenance and repair of a sign or a sign structure,
unless a structural change in configuration is made.
(c) Movement of a sign farther from the right of way,
provided -it meets all provisions of the building code
and Town Code and the Building Department is notified
in advance.
The following signs shall be exempt from the permit re-
quirement,. but are subject to the other requirements of
this code:
Contractor signs;
Real estate signs;
Holiday lights and signs which are
incidental and customary and commonly
associated with any national, local or
religious holiday,not to be displayed for more
than sixty (60) days in one year.
Informational/directional signs.
Nameplates.
Temporary interior signs
Window signs covering 10% or less of the
window area.
Non-profit organization directory signs.
26. Section 100-201(D) is hereby amended to read as follows:
D. The Building Inspector shall review the proposed sign and 'can
approve, deny or condition a permit based on the provisions
of this code. with "erpeet to all quantitatj=vn faot rr,. The
Planning Board may approve signs which differ from the
quantitative requirements set forth in this Article in the
site review process, provided that a finding is made that said
sign or signs conform to the general design principles outlined
in §100-202 hereof, and provided further that no sign shall
violate the sign prohibitions and general restrictions listed
in §100-203 herein.
27. Sections 100-201 (E) and (F) are hereby deleted in. their entirety
and a new subsection '(E) is hereby added to read as follows:
250 NOVEMBER 29, 1994
I
-Pl.@nningBoard, the 2141-1-dig-!RFiaecter shall ass a
( eG d)
I
E. If the sign does not comply with the Provisions of this code,
application for a variance r oning Board
of Appeals.
28. Section 100-202 (General design principles) is hereby amended to
read as follows:
Decisions on revieca of signG by sign applicants FhLll be guided
by the following general design principles:
A. Signs should be a subordinate part of the streetscape.
B. ' Signs should be as small as practicable.
.C. Signs should be as close to the ground as possible, consistent
with required safety and legibility considerations.
D. A sign should have an appropriate size relationship to the
building upon which it is placed.
E. Whenever feasible, multiple signs should be combined into
one (1) sign to avoid clutter.
F. A sign should not impair the visual effectiveness of
neighboring signs.
G. Garish colors and materiald should be avoided.
H. Signs which have dark background colors and light letters
are preferred in order to minimize the apparent size of
signs within the streetscapb.
I. Generally, signs on the same building should be within the
same horizontal band and be of a similar height.
J. Except in carefully designed circumstances, signs should be
integrated with fences, walls or buildings and not be
freestanding.
K. Sign material should be durable, requiring little
maintenance; use of material such as corrugated plastic,
natural aluminum, bulbous plastic letters, nontextured
plastic and glass tile should be avoided.
29. Section 100-203 (Prohibitions and general restrictions) is hereby
amended to read as follows:
A. Unless otherwise provided herein, nonaccessory signs,
billboards, off premise�si ns and mobile signs shall be
prohibited in all districts.
B. Flashing signs, including any- sign or attraction device
on which the artificial light is not maintained stationary
and constant in intensity and color at all times when in use,
are prohibited.
C. Signs which compete for attention with or may be mistaken for a
traffic signal are prohibited. No sign shall be erected in
such a manner as to obstruct'lfree and clear vision for drivers,
'interfere with, mislead or confuse traffic or be located where,
by reason of its position, shape or color, such sign may
interfere with, obstruct the; view of or be confused with any
authorized traffic sign, signal or device by making use of the
words "stop", "look" or any other word, phrase, symbol or
character or red, green or -amber illumination or reflection.
n ne qRr. , , , h proti•r,•,- d
D. Balloons or other as-filledlfi ures shall be prohibited.
E. Permanent exterior signs made out of cardboard, paper,
canvas or similar impermanent material are prohibited.
F Standard, approved th d f enstaat-i l l uminaticz- shall lao
Pe,-Milted ground signs, w4 1 signs acid hanging s19nG; fry
'idGd, ''o-,veer,-- that the shall be ce,•. + rated
NOVEMBER 29, 1994 251
r__F. Signs or attraction devices with visible moving,
revolving or rotating parts, such as flags, banners or
pennants, are prohibited.
I-G. Except for holiday seasons or a period of fifteen (15)
days from the date of a grand opening, no sign or part thereof
shall consist of pennants, ribbons, streamers, spinners or
-other similar moving, fluttering or revolving devices.
-I—H. Signs noting that a property has been sold are
prohibited.
J-_I. No portable or temporary sign shall be placed on the
front face of any building or upon any lot, except as provided
in §100-205G herein.
KTJ. No signs other than. signs placed by agencies of the government
shall be erected on any public property, unless consent is
first obtained from the Building Department. No sign shall be
placed on any private property without the consent of the owner
thereof. No sign shall be placed or painted on any tree or
rock. No sign shall be placed on any utility pole except for
utility identification or similar purposes.
30. Section 100-204 (Limitation content or copy) is hereby amended to
read as follows: '
Information displayed on signs shall be limited to the name,
address, logo, and nature of the business and products available
or activity for which the building or premises is used.
31. Section 100-205 (Specific regulations) is hereby deleted in its
entirety and a new Section 100-205 (Specific Signs) is hereby adopt-
ed to read as follows:
A. Business center directory signs.
The term "directory sign" shall mean any sign containing a
list of names of business establishments located within a
business center. A business center means a site contain-
ing multiple business uses sharing a common driveway.
Each business center shall be allowed on the premises one
(1) freestanding directory sign in lieu of all other free-
standing or ground signs, to be used for the purposes of
identifying the business center and the various business
establishments located.within the business center where
The sign is set back fifteen (15)feet from the street
line No brand name advertising of any sort shall be
allowed on such sign. 'Said sign shall not exceed fifteen
(15) feet in height, measured from the top of said sign to
the mean level of the ground surrounding the support of
said sign Each business establishment name shall occupy
no more than 3 sq. ft.in total area with an additional
allowance of twenty percent (20%) of the total for the
name of the business center. Said sign shall comply with
all other applicable provisions of this chapter.
A permit issued by the Building Inspector shall be re
quired for each business center directory sign erected or
maintained pursuant to this subsection. The application
for said permit must contain an accurate drawing of said
directory sign as well as a survey indicating the
dimensions of said sign, its location and setbacks.
B. Contractor Signs A contractor, tradesperson, architect or
building supplier may erect one name sign each on the site of
construction during the period of work. The sign area may not
exceed three (3) square feet and may be attached to a stake in
the ground located at least fifteen (15) feet from the street
line All contractor signs must be removed prior to issuance
of a certificate of occupancy for the construction.
C. Farm, garden or nursery signs. Signs may be allowed
advertising only the sale of farm,. garden or nursery products
grown on Eastern Long Island or of animals raised on the pre-
mises and the name of the farm, garden or nursery.
D. Freestanding signs One freestanding sign is allowed for each
frontage, on a public street or way subject to the following
requirements:
252 NOVEMBER 29, 1994
Freestanding signs are limited to either pole signs with
no guy wires or signs': permanently affixed to a fence or
other wall separate from the principal building
All freestanding signs shall be located within and not
overhang the property line.
The location and design of such signs shall not present a
hazard to pedestrian or vehicular traffic.
The sign may be single- or double-faced and square footage
will be calculated based on one side;
The sign shall be setback not less than fifteen (15) feet
from the pavement or five (5) feet from the sidewalk, .
whichever is greater. Under no circumstances shall the
sign be placed in the public right-of-way;
The sign shall advertise only business conducted on the
premises, which shall mean all contiguous property in
common ownership
The sign shall be not more than twenty-four (24) square
feet, the upper edge of which may not extend more than
fifteen (15) feet above the ground.
E. Historic signs. A sign is an historic sign if it existed
prior to 1970 and has not be significantly altered since
then. When the historic nature of the sign has been establ-
ished to the satisfaction of the Building Inspector, he may
allow the reconstruction, re air and maintenance of historic
signs for so long as the sign maintains the original size,
appearance and location.
F. Informational/Directional Signs. Signs are allowed which state
open, closed, business hours, phone numbers and generic
directions to the facility, iparking service and products.
Informational directional signs shall be a maximum of three (3)
s.ft. in size.
G. Nameplates. Non-illuminated name plates containing only names
or professional signs containing only name and professional
designation may be allowed.
H. Nonprofit Organization Directory Sign. One directory sign may
be erected in each hamlet to identify nonprofit and civic orga-
nizations within the hamlet', subject to the size and location
requirements of the, Business Directory sign.
I. Real Estate Sign. One sign :shall be allowed to advertise the
sale or lease of real property. The sign may be either single-
or double-faced and not larger than six (6) square feet in
size. The sign shall be located at least fifteen (15) feet
; from the public right=of-way. All real estate signs must be
removed immediately upon closing on the lease or sale. This
sign may be allowed in any zone.
J. Roof sign.
Roof signs may be erected upon or against a roof of a
building, but shall not, extend above the ridge line of the
roof. A sign which is placed anywhere on a parapet other
than the fascia shall be a roof sign and may not extend
above the top of the parapet.
The top of such signs shall not extend, at its
closest, point, more than 12" from the surface of the
roof. The vertical center of the sign shall be mounted no
higher than the mid oint of the roof.
Such sign shall not exceed a size in square
feet equivalent to one-half times the length in feet
of the structure.
A business may have either a roof sign or a wall sign, but
it may not have both a 'roof sign and a wall sign.
A roof sign may not be illuminated.
K. Subdivision sign. A sign shall be allowed to advertise the
NOVEMBER 29, 1994 253
sale or lease of a subdivision of Properties if the subdivision
has a public road frontage of five hundred (500) feet or more.
The sign may be either single- or double-faced and not lar er
than twenty-four (24) square feet in size. The sign shall be
located at least fifteen (15) feet from the street line Said
sign must be removed upon sale or lease of all properties with-
in the subdivision. This sign may be allowed in any zone.
L. Temporary signs. The erection, installation or maintenance of
temporary signs, as defined herein, is hereby prohibited, ex-
cept as specified below:
A temporary sign announcing special events erected
by a municipal, charitable or nonprofit organization, which
does not exceed twenty-four (24). square feet in area, is per-
mitted for a period not to exceed thirty (30) days.
Temporary interior signs announcing special sales or
events shall be permitted in the Hamlet Business and Gen-
eral Business Districts. Such signs shall cover no more
than twenty-five percent (25%) of the window area to which
they are affixed, and shall be removed within twenty (20)
days.
If a business has a permitted freestanding or ground sign,
a temporary sign may be hung from the exterior of the
building or from the approved sign. The temporary sign
shall not exceed 6 sq. ft in area and shall not project
more than two (2) feet from the building and shall not
obstruct pedestrian traffic.
If a business does not have a permitted freestanding,
ground or businesses center sign, a business may erect a
temporary sandwich board or A-frame sign on the business
premises if it does not hinder public access,
traffic or vision. The sign may not exceed 6 sq.ft. in
area and shall be set back at least fifteen (15) feet from
all property lines. The sign shall be removed at the end
of each business day.
No more than -one (1) exterior temporary sign at a time
shall be allowed on • a parcel of property. If there are
multiple businesses on the property, they shall make in-
ternal arrangements to share the sign.
An external temporary sign may not -be displayed for more
than 90 days in a one (1) year period.
M. Tourist Directional signs. Tourist related businesses (i.e. ,
hotel, motel, marina, restaurant) which are located off Rte 48
or 25 may have a generic eightt (8) inch by twenty-four (24)
inch sign on one of those roads.
N. Wall signs. A wall sign or signs are allowed on the building
wall, subject to all of the following requirements
C
I_t is attached to or incorporated in the wall and does not
project more than one (1) foot from such wall;
It advertises only the business conducted in such build-
i n� .
It does not exceed one (1) square foot in total area for
each horizontal foot of the business such wall fac' a
street. If multi-story businesses are within the
structure_ , they share one wall sicrn allotment and shall
allocate it among themselves.
(4) It does not exceed in width one hundred percent (100%) of
the horizontal linear feet of such wall;
It does not exceed three (3) feet in hei ht
The sign shall not extend higher than the parapet, in the
case of one story buildin s. In the case of buildings
taller than one (1) story, such siqns shall not extend
above the bottom of the sill of the windows of the second
story nor extend or be placed more than fifteen (15) feet
above the outside grade.
No wall sign shall cover, wholly or partly, any wall open-
ing, including doors, fire esca es and windows nor project
beyond the ends of the wall to which it is attached. All
such signs must be safely and adequately attached to said
building wall by means satisfactory to the Building In
spector.
2 5 `t N;OVEMBE,R 29, 1994
A sign may be placed on a business canopy or awning and
shall be treated as a wall sign andi,is subject to the size
restrictions contained' therein.
O. Window signs. A •permanent ;window sign means any sign which is
painted on the window or is made of materials other than card-
board, paper or canvas. A permanent window sign or combination
of signs shall not cover more than ten percent (10%) of the
total glass area upon which, or in which, it is affixed, dis-
played or painted. If the window sign exceeds 10% of the window
space, it shall be treated as a wall sign and is subject to the
size restrictions contained,-therein.
32. Section 100-205.1. (Specific Sign Requirements) is hereby added to
read as follows:
A. The following signs will beialiowed in the Residential areas of
the Town, which shall include all areas zoned A-C, R-40, R-80,
R-120, R-200, R-400, HD and- AHD:
1. Not more than two (2) nameplates not to exceed two (2)
square feet in area.
2. One (1) sign identifying the residential neighborhood not
more than eighteen (18) square feet in area, located not
less than 15 feet fromithe street.
3. If the appropriate circumstances exist there may be a real
estate, subdivision, contractor or yard sale sign.
4. Such other signs as may be authorized as variance by the
Zoning Board of Appeals.
i
B. The following additional sign shall be allowed in the A-C zone:
1. A farm, garden or nursery shall be allowed to have the
signage permitted in Business areas.
C. The following signs will be allowed in the Business areas of
the Town, which shall include all areas zoned RR, RO, LB, HB,
B, MI, MII, LIO and LI:
1. Two (2) of the following alternatives:
a. A freestanding sign;
b. A business center'directory sign;
S. A window sign;
d. A wall sign or a roof sign.
2. A temporary sign.
3. If the appropriate circumstances exist there may be a real
estate, subdivision or ,contractor sign:
4. Such other signs as may be authorized as .a variance by the
Zoning Board of Appeals.
D. Marinas may have a separate wall sign for the wall frontage
facing the waterfront area they- serve.
33. Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de-
leted in its entirety and a newi Section 100-206. (Sign illumination)
is hereby adopted to read as follows: '
A. Except as provided below, 'a sign may only be lit from' an exter-
nal source. The sign must be shielded so that the •source of
light is not visible from adjacent streets or properties and so
that the illumination is concentrated on the sign-
B. Both neon and internally illuminated signs are prohibited,
except that freestanding, business center and wall signs in
shopping centers or in areas zoned Hamlet Business may be in-
ternally illuminated. An existing sign which .is capable of in-
ternal illumination may continue in use in other zones if the
lights are not turned on. ;
C. Farm, garden or nursery signs may only be illuminated during
the hours of business operations.
D. Wiring, raceways and appliances of a sign illuminated by
electricity from outside shall conform with the regulations of
the fire underwriters and shall bear the appropriate stain
signifying such conformity.
NOVEMBER 29, 1994 255
34. Section 100-207 (Continuation of existing signs. ) is hereby deleted
in its entirety and a new Section 100-207 (Unsafe, abandoned and
unlawful signs. ) is hereby added to read as follows:
A. The owner of a sign and the owner of the premises on which such
sign is located shall be jointly liable to maintain such sign,
including its illumination sources, in a neat and orderly con-
dition and good working order at all times and to prevent the
development of any rust, corrosion, rotting or other deteriora-
tion in the physical appearance or safety of such sign.
B. If the Building Inspector shall find that any siqn regulated
herein is unsafe, insecure, damaged, deteriorated or a menace
to the public or has been erected in violation of theprovi-
sions of this chapter, he shall give written 'notice by certi-
fied mail to the owner of the premises on which such sign is
located, as shown on the latest town assessment roll. Said
sign and all appurtenances shall be taken down and removed by
the owner, agent or person avin . the beneficial use of the
building or structure upon which such sign may be found within
thirty (30) days after written notification from the Building
Inspector. Upon the failure to .comply with such notice within
the time specified therein, the Building Inspector is autho-
rized to remove or cause the removal of such sign at the ex-
pense of the person or persons named in such notice. Upon such
removal, all costs and expenses incurred by the town for the
removal and storage of such sign shall be assessed against the
land on which such sign was located, and a statement of such
expenses shall be presented to the owner of the land. If such
statement is not paid within thirty (30) days after-.its pre-
sentment, the Building Inspector may file a statement with the
Town Assessors, identifying the property in connection with
which such expenses were incurred and the owner thereof as
shown on the latest assessment roll of the town. The Asses-
sors, in the preparation of the next. assessment roll, shall
assess such amount, upon such property. Such amount shall be
included in the levy against such property, shall constitute a
lien and .shall be collected and enforced in the same manner, by
the same proceedings, at the same time and under the same pen-
alty as is provided by law for the collection and enforcement
of real property taxes in the Town of Southold. The owner of
the sign removed by the BuildingInspector as hereinbefore
provided shall not be permitted to redeem such sign until all
expenses of removal and storage have been paid.
C. If, in the determination of the Building Inspector, a sign is
an immediate peril to persons or property, he may cause such
sign to be removed summarily and without notice. The cost of
such removal shall be paid by the town, and such amount shall
be and become a lien upon the premises in question and shall be
levied and collected in the same manner and under the samepen-
alties as an assessment of a public improvement.
35. Section 100-208 (Transition.) is hereby added to read as follows:
For a period of six .(6) months after adoption of this ordinance, a
person may obtain a sign permit for a sign existing prior to the
date of adoption, which sign conforms to the provisions of the newly
adopted code or the prior .re ealed code. Thereafter, a sign permit
may only be issued for a sign which conforms to the provisions of
this code.
36. Section 100-209. (Non-conforming Signs) is hereby added to read as
follows:
AnZ.sign which holds a permit under the prior repealed code but
which does not conform to the provisions of this chapter shall be
deemed a non-conforming sign. A non-conforming sign may be, contin-
ued, without enlargement, reconstruction or relocation, until it
loses its noncomforming status through the occurrence of any of
these events:
1. The non-conforming use is damaged or deteriorated so that the
cost of repair or replacement exceeds 50% of the original value
of the sign;
2. The business which is served by the non-conforming sign changes
to a new use or service (eq. retail to food) .
3. The business which is served by the non-conforming sign has
been discontinued for a period of two (2) years or more.
When a sign loses its nonconforming status, it shall be brought into
compliance with this code and obtain a new permit, or it shall be
removed.
256 NOVEMBER 29, 1994'
37. Section 100-281 (J)(109g) is hereby deleted in its entirety and a
new section 100-281 (J)(1)(g) is hereby added to read as follows:
(9) Signs The fee for- all,' SiqRS Itted h
Sectiors_._100!- !r (9)(;a-shall be ®ne dollar- ($1 00) for each
Section
s ee feet of sign area, witha--a minimum fee af twenty-five
dollars ($2- 1
.Lcil. The _permit fee for all signs shall be fifty dollars ($50.)
per permit.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletion(s)
** Understrike represents addition(s),
15.-Vote of 'the Town -Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
16.-Moved by Justice Evans, seconded by ,Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Pam Moore, EISEP Aide for the Human
Resource Center,effective December 141
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
1 7•-Moved by Councilman Lizewski, seconded by Councilman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates
the employment of James C. McMahon as Director' of Program Evaluation,
effective November 29, 1994. '
1 7•-Vote of the Town Board: Ayes: 'Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby abolishes
the position of Director of Program Evaluation, effective immediately.
18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19•-Moved by Justice Evans, seconded. by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
James C. McMahon to the exempt position of Executive Assistant, effective
November,,29, 1994, at a salary of $47,595.21 per annum.
19•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.- Moved by Supervisor Wickham, seconded by Councilman Townsend; it was
RESOLVED. that the Town Board of the Town of Southold hereby rescinds
resolution no. 7, adopted on August 23, 1994, appointing Ruthanne
Woodhull as Exempt Secretary to the, Town Attorney, effective September
1, 1994, at a salary of $26,780.00 per annum.
20.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, - Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21 .-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby abolishes
the position of Exempt Secretary to then'Town Attorney, effective immediately.
21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
i
NOVEMBER 29, 1994 "
22.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the
position of Senior Stenographer in .the office of the Town Attorney and sets
a salary of $26,780.00 per annum for said position.
22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
23.-Moved by Justice Evans, seconded by Councilwoman. Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Ruthanne Woodhull as a Senior Stenographer in the office of the Town
Attorney, as a transfer from her position of Senior Stenographer with
BOCES, effective September 1, 1994, at a salary of $26,780.00. per annum.
23.-Vote - of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
24.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
POLICY WITH REGARD TO CIVIL SERVICE RULES AND
GUIDELINES
WHEREAS, the Town Board of the Town of Southold has determined that it
is essential for the Town to follow Civil . Service rules and guidelines; now,
therefore, be it
RESOLVED that the Town Board hereby establishes the policy that all
employee related hiring, terminating, promoting or demoting actions shall be
reviewed by the Accounting and Finance Department to determine applicable
Civil Service requirements before any such action is taken by the Town
Board of the Town of Southold.
24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
25.-Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, William C. Ridgeway III, d/b/a R3 Information Systems of,
Fishers Island, NY, has set up a. new administrative computer system for the
Fishers Island Ferry District, and the Board of Commissioners now wishes to
retain Mr. Ridgway'a services to refine existing software and develop
additional programs; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to retain
William C. Ridgway I.I for a period of two (2) months, at a rate of $2,500
per month, effective November 14, ' 1994, to perform the aforesaid services
for the District.
25.-Vote of •f•the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
26 •-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Phyllis Atkinson a member of the Southold Town Board of Assessment
Review, effective immediately through September 30, 1999.
26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman '' Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
27.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town. of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for one member of the
Southold Town Planning Board and one member of the Southold Town Board
of Appeals, for five year terms, effective January 1, 1995 through December
31, 1999.
27•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski,
This resolution was duly ADOPTED.
2 C�
-8 NOVEMBER .29, 1994
i
28.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 27, adopted on November 1, 1994, creating a Cablevision
Advisory Committee to be composed',, of five members, to read: "three (3)
members"; and be it
FURTHER RESOLVED that the Town Board hereby appoints the following
individuals to the Cablevision Advisory Committee' for a term of one year,
effective -November 29, 1994 through November '29, 1995; James Dinizio,
Jr., Chairman, Richard Fevola, Joe Sullivan, they to serve without
compensation.
28.-Vote of the Town Board: Ayes: 1 Justice Evans, Councilwoman. Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
i
29.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund Part Town to
transfer donated funds for D.A.R.E. !T-shirts:
To:
Revenues:
B2705 Gifts & Donations $ 1,320.25
Appropriations:
B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 1,320.25
29.- Vote of the Town Board: Ayes: ; Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
30.- Moved by Justice Evans, seconded by Councilwoman'Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Val Stype & Sons, Inc. Insurance Agency to provide the Town
of Southold with insurance coverage for 1995 at a cost of $243,861 .00.
30.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman_ Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
31 •- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby
discontinues the After School Latch ''Key Program; effective December 31,
1994, whereas the number of families who are utilizing the program does not
adequately fund the program and pay the after school activity aide.
31 .- Vote of the Town Board: Ayes: 'Justice . Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
32•- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED THAT THE Town Board. of the Town of Southold hereby
authorizes a buy-out of the Vita-Stat !model 90550 blood pressure monitor at
a cost of $1,500.00, and full service coverage for 1995 at a cost of $300.00.
32•- Vote of the Town Board: Ayes: :'Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
33.- Moved by Justice Evans, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby increases
the tipping fee from $0.035 per pound to $0.045 per pound, effective
January 1, 1995, on the following items as set forth in Chapter 48 (Garbage,
Rubbish and Refuse), Section 48-4.B. of the Code of the Town of Southold.
(1) Rubbish, including but not limited to furniture fixtures,
television antennas, carpets, , awnings, boats and other like
objects that are not considered normal everyday household waste.
(2) Commercial and household garbage, and rubbish, including but
not limited to furniture, fixtures, television antennas, carpets,
awnings, boats and other like objects.
AND BE IT FURTHER RESOLVED that loads containing the following shall
remain at a tipping fee of $0.035 per pound. :
(1) Heavy brush, landscaping and yard waste, including but not
NOVEMBER 29, 1994 259
limited to stumps, branches, shrubs, plants, trees bushes and
the like, but not including leaves.
(2) Construction debris, including but not limited to scrap and waste
material discarded as refuse resulting from construction.
(3) Wood, including but not limited to timber, logs, boards and the
like, unless such wood is designated by the landfill attendant
as recyclable wood.
(4) Demolition debris, including but not limited to waste and rubble
resulting from remodeling, demolition and extensive repair of
structures, waste cement, concrete, masonry work, bricks, tile,
sheetrock, plaster, wood, shingles and the like.
33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding public hearings.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED AT 5:15 P.M.
SUPERVISOR WICKHAM: I'd like to proceed now to the proclamation, that
we've prepared on behalf of the Eastern Long Island Hospital in Creenport.
Today is Donor's Day for the Eastern Long Island Hospital. I know because
Mrs. Mazzaferro here, and many of the people associated with the hospital
have been putting in a very busy day by calling many people, trying to
stimulate contributions, and donations to the hospital. The Town Board is
very pleased today convey to the Hospital a measure of the importance, that
we regard that institution. It's a very critical .part of the town, obviously
important part of . Creenport. I'd just like to read very briefly this
proclamation.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold recognizes that
EASTERN LONG ISLAND HOSPITAL is vital to the well-being of the people
of Southold Town; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL, founded in 1905, has
earned a reputation for combining technologically advanced health care with
extraordinary personal attention; and
WHEREAS, a great sense of pride is felt throughout the Town of Southold
for the outstanding dedication of the Directors, Trustees, and hospital
staff, who give of their time and expertise in serving the community; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL, a not-for-profit community
hospital, depends greatly upon the goodwill and charity of its contributors
to continue providing this excellent service; now, therefore, be it
RESOLVED, that .the Town Board of the Town of Southold hereby Proclaims
NOVEMBER 29, 1994 as EASTERN LONG ISLAND HOSPITAL DONOR'S DAY
in recognition of the great service these individuals give to our community.
Dated: November 29, 1994.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Thank you very much. It's a pleasure. I have to
say another whereas. Some of us first saw the light of day at the Eastern
Long Island Hospital. Today is not only the .Donor's Day. It's the day that
the hospital is launching a major fund drive. You may know that the hospital
is financed in a very significant portion through private contributions that
people make. I know they've been active on the telephones. I hope those
people in the community, who take the hospital seriously will find a way to
contribute something towards making the annual budgets, that they have to
make. We had two Local Laws that we had hearings on. They're scheduled
for resolutions at the end. Would anyone like to move them?
2. 6 6 NOVEMBER 29, 1994
limited to stumps, branches, shrubs, plants, trees bushes and
the like, but not including leaves.
(2) Construction debris, including but not limited to scrap and waste
material discarded as refuse resulting from construction.
(3) Wood, including but not limited to timber, logs, boards and the
like, unless such wood is designated by the landfill attendant
as recyclable wood.
(4) Demolition debris, including but not limited to waste and rubble
resulting from remodeling, 'demolition and extensive repair of
structures, waste cement, ..concrete, masonry work, bricks, tile,
sheetrock, plaster, wood, shingles and the like.
33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding public hearings.
Vote of the Town Board: Ayes:, Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED AT 5:15 P.M.
SUPERVISOR WICKHAM: I'd like to !proceed now to the proclamation, that
we've prepared on behalf of the Eastern Long Island Hospital in Greenport.
Today is Donor's Day for the Eastern Long Island 'Hospital. I know because
Mrs. Mazzaferro here, and many of the people associated with the hospital
have . been putting in a very busy day by calling many people, trying to
stimulate contributions, and donation's to the hospital. The Town Board is
very pleased today convey to the Hospital a measure of the importance, that
we regard that institution. It's a very critical .pant of the town, obviously
important part of Greenport. I'd just like to' read very briefly this
proclamation.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold recognizes that
EASTERN LONG ISLAND HOSPITAL i;s vital to the well-being of the people
of Southold Town; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL,' founded in 1905, has
earned a reputation for combining technologically advanced health care with
extraordinary personal attention; and
WHEREAS, a great sense of pride is! felt throughout the Town of Southold
for the outstanding dedication of the Directors, Trustees, and hospital
staff, who give of their time and expertise in serving the community; and
WHEREAS, EASTERN LONG ISLAND HOSPITAL, a ' not-for-profit community
hospital, depends greatly upon the goodwill and charity of its contributors
to continue providing this excellent service; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby Proclaims
NOVEMBER 29, 1994 as EASTERN LONG ISLAND HOSPITAL DONOR'S DAY
in recognition of the great service these individuals give to our community.
Dated: November 29, 1994.
Vote of the Town Board: Ayes: ! Justice Evans, Councilwoman Oliva,
Councilman - Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
I
SUPERVISOR WICKHAM: Thank you 'very much. It's a pleasure. . I have to
say another whereas. Some of us first saw the light of day at the Eastern.
Long Island Hospital. Today is not only the .Donor',s Day. It's the day that
the hospital is launching a major fund drive. You may know that the hospital
is financed in a very significant portion through private contributions that
people make. I know they've been active on the telephones. I hope those
people in the community, who take th'e hospital seriously 'will find a way to
contribute something towards making the annual budgets, that they have to
make. We had two Local Laws that we had hearings on. They're scheduled
for resolutions at the end. Would anyone like to move them?
�f
NOVEMBER 29, -994 261
34.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 18th day of October, 1994, a Local Law entitled, "A Local Law in
Relation to Wineries"; and
WHEREAS, this Local Law was referred to the Southold Town Planning Board
and Suffolk County Department of Planning for their recommendatiot, - and
reports; and
WHEREAS, a public hearing was held on this Local Law on the 29th of
November, 1994, at which time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 29 - 1994,
which reads as follows:
LOCAL LAW NO. 26 - 1994
A Local Law in Relation to Wineries
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
INTENT: The wine industry has been an important component, not only of
The agricultural community, but the Town's tourist industry. In recognition
of the winery's ability to contribute to the - tourist industry, the Town is
clearly_ defining a winery, adding sales of wine-related products as an
accessory use and allowing for outdoor for-profit events under certain
conditions.
1. Section 100-31A(4) is hereby &ae.d-1 to read as follows:
C4 . /Weries which m t11�-foLl2il �.lu�sisti
( shall be a place or premises on which wine ma�cL�,f'[oja lim3dIv
�slasn 1�raR s rs �C��. nd.�41_d:_an_d
Cb� shall be on a parcel on which at list ten (10) acr s are devoted Q_
vineyard or other a ricuItUr l lrvOSes,_ao.d 1utl�.-
( the winery structu.res,,shall b Qs t back a .tttLiu�um�COt�.c__liutldt�s�(1001
feet from a maior road: and
shall obtain sj e plan approval.
2. Section 100-31B(13) is hereby deleted in its entirety:
(�} Wtt�efieg-f��t-he�r�dtre�e�-at��-salter-ef�ri-ne-pfedtteed-f-rat-gfaPe�-pHt�ai�-ly
gfow*n-iM4ie--vi-nceyafzds-era,Mii,c4- eft-,vi-ner=-is located.
3. Section 100-31B(14) and (15) are hereby changed to (13) and (14) respectively:
4. Section 100-31 C(1 1) is ate} to read as follows:
(,_ I fineries may have an accessory gift shop on thQ premises which may sell
item_s aQQQss0.1y to wine, such as corkscrQws x in glassu decanters items
for the storage and dill win , b��ks on win ma ink and the region and
nonspecific items hearing h . insignia of the�. Wineries may not have a
0111r11erc.ial kitchen as an accessory rise but may have a non- omm rcial
kit`clum facility for pcivatQ use by thQ ernplQyees-
5. Section 100-30A.2A(1) is amended to read as follows:
(1) Same as Section 100-31 A of the Agricultural-Conservation District Qxceot
that wineries are excl > d.
262 NOVEMBER 29,. 1994
6. Section' 100-42B(4) is deleted as follows:
(4) � t cries as-set-f�r��3�r�d-Fegr�lat�dq—ti n4GG-34-B(+3)-of-tlje
�fleulfi�r�f�C-o+►ser-vatidn�ist�tet .
7. Section 100-61 A(1) is hereby amended to read as follows:
(1) Any permitted use set forth in and as regulated by Section 100-31 A of the
Agricultural-Conservation District except that wiper' s are ex ludQd
8. Section 100-71 B(6) is hereby deleted as follows:
(6) Winerties:
9. Section 100-71B(7) is hereby changed to (6).
10. Section 100-81 A is hereby amended to read as follows:
A. Permitted uses.
i
(1) Any permitted use as set forth in and!regulated by Section 100-31 A of
the Agricultural-Conservation District ant wineries which shall as
sQt forth low
(2) The following uses are permitted uses subject to the site plan approval by
the Planning Board:
(a) Retail businesses complementary'to the rural and Historic character of
the surrounding area; limited to the following:
[1] Antique, art and craft shops and galleries.
,I
[2] Custom workshops and machine shops.
[3] Wholesale or retail sale and accessory storage and display of
garden materials and plants, including nursery operations,
provided that the outdoor storage or display ofplants and
materials does not obstruct pedestrian glow or vehicular traffic
and does not occur within three (3) feet of the property line.
[4] Libraries or m escums.
i
(b) Professional and business offices.
I
(c) Funeral homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops,•'including barbershops, beauty
parlors, professional studios and travel agencies.
(� [repair shops for household, business or personal appliances,
including cabinet shops, carpenter shops, electrical shops, plumbing
shops, furniture repair shops and bicycle and motorcycle shops,
landscaping and other service,businesses.
'
NOVEMBER 29, 1994 263
(g) Wholesale and warehousing.
(11) Retail uses supplemental to the service business establishment.
W Wineries which meet the following standards-
[..L) shalLt�e a_farm��ae�lic�ns�d�,tad_er�Le�Yorl�S�t_c1a�fLc�m
which wine made from Primarily Long_Island rapes is produced
and sold. and
14 shall obtain site lan�roval"_"n
.�3.�.s1�al_L1�1lYe�tail..s�l�s�u._sit�
I ]. Section 100-8113(1) is hereby amended to read as follows:
(1) Any special exception use as set forth in and regulated by Section 100-31 B
of the Agricultural-Conservation District;except=wir�ef�es are not-rtgt�ired-to
be-itf-eenneetion-with-a: ineyar-d.
12. Section 100-81 C(1) is hereby amended to read as follows.:
(1) Any accessory use as set forth in and regulated by Section 100-31 C(1)
through (8) a-rWj 14 of the Agricultural-Conservation District, and subject to
the conditions set Corth in Section 100-33 thereof.
13. Section 100-91 B(10) is hereby deleted as follows:
(4G) Wineries.
14. Section 100-101 A(11) is hereby added to read as follows:
04 Wineries which rn ht fo11owing_standards-
W shall >e a faun wi ry licensers under New York St=, law from which
ine made from primarilY LQng Is nd q IS nr � d and sold
M. shall obtain site plan aRpmya_Laad
fcl shall f ay-e-tctati sa[�_Qa_ak
15. Section 100-101 C(1) is hereby amended to read as follows:
(1) Accessory uses set forth in and as regulated by Section 100-31 C(1) through
(8) and (I ) of the Agricultural-Conservation District, subject to the
conditions set forth in Section 100-33 thereof.
16. Section 100-131A(6) is hereby added to read as follows:
(_0 Wineries as regulated by Section 100-101A(l I)-
17. Section 100-131B(14) is hereby deleted as follows:
(44) Wineries.
18. Section 100-141A(3) is hereby added as follows:
Q- WinQdQs a_s, r eulated w Section 100-101A(1 1)
264 NOVEMBER 29, 1994
i
19. Section 100-14113 3) is heri s:b deleted as follows:( i y w
(3) Winer-ies-.
20. Section 100-274G(Fees) is hereby added to read as follows:
G. For applications for public entertainment and special
events permits, the fee shall be fifty dollars ($50.00) .
II. This Local Law ,shall take effect ,upon its filing with the Secretary of
State.
* Strikethrough indicates deletions:
** Underline indicates additions.
34.- Vote of the Town Board: Ayes:' Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie;, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
35.- Moved by Justice Evans, seconded by; Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 15th day of November, 1994, a Local law entitled, "A Local Law in
Relation to County Route 48"; and
WHEREAS, the Town Board held a public hearing on the aforesaid Local Law
on the 29th day of November, 1994, at which time all interested persons
were given an opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 27 - 1996,
which reads as follows:
LOCAL LAW NO. 27 - 1994
A Local Law in Relation to County Route 48
BE IT ENACTED, by the Town Board,, of the Town of Southold as follows:
I . Chapter 92 (Vehicles E Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended by adding thereto the following:
Name of Street Side Location'
County Route 48 Both At Southold, starting at a point
on the southeasterly corner of
Soundview Avenue and extending
easterly to the intersection
Bayberry Lane.
ll . This Local Law shall take effect upon its filing with the Secretary of
State.
35.- Vote of the Town Board: Ayes: " Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That's all the business on our agenda this
afternoon. The Board is open is comments from the audience. We'd be
pleased to hear what people in the 'community would like comment to us.
Yes, sir, :.the gentleman in the back?
FRANK CARLIN: Good evening, ladies and gentlemen. My name is Frank
Carlin. I'm from Laurel. Several ; months back the flag wasn't flown
Memorial Day at the Town Hall. I noticed the same thing happened this past
Veteran's Day, that the flag wasn't displayed on Veteran's Day. We must
never forget our veterans. So many who gave up their lives, men and
women, six hundred and fifty thousand from World War One until the
present time. Eleven hundred entombed in the Arizona in Pearl 'Ha,rbor. We
should never forget our veterans. I would suggest that the Task- Force
Committee should have included that in their recommendations. That is the
future, that this Town Hall display the American Flag on veteran's holidays.
I, also, suggest to our Supervisor, that he sees .that this is carried out in
the future. There is no reason not to- display the American Flag, and show
some consideration, and appreciation :to our veterans. Let's never forget
them. Didn't take five minutes this time.
SUPERVISOR WICKHAM: Thank you, 'Frank. We'll take that into account,
and we'll do everything we can to see that a flag is flying Veteran's Day.
Anyone else who would like to address the Board tonight? Mr. Flynn?
F.M.FLYNN: F.M. Flynn, resident of Southold,. With respect to the
previous speaker, I presume the Board knows, that under the change of
regulations on displaying the Flag, that it can be flown twenty-four hours a
day. Now, I have some remarks to make that I delude myself in being of
"7 265
NOVEMBER 29, 1994
some importance. I don't know whether I'II be able to squeeze them in, in
five minutes, but I'll make an .effort. I ,attended the meeting of November
15th, at which public hearings were held on three proposed amendments to
the Southold Zoning Code. These proposals were based upon discussion and
revision on the part of the Code Committee. It's conclusion, as reflected
in the proposed amendments, was so loudly denounced at the meeting, as to
recall the quotation from Horace. Horace, as you know, was a Roman poet.
The mountains will be in labor, and the ridiculous mouse will be brought
forth. The proposed amendments clearly demonstrate the ineptitude, or
worse, of the Code Committee, and it's unfitness to draft the monumental
changes, the agenda - of the majority of the Town Board would inflect upon
all of Southold. Others, better informed than I, have addressed the
proposed lighting and signage regulation. With respect to lighting, I
presume that the intent of the lighting amendment is to reduce the overall
intensity of lighting, and it's diligent glare, both direct, and indirect,
reflecting on neighboring properties. The extent of technical knowledge
lacking on the part of the committee is reveal by it's reliance on the
visibility of filaments, as a measure of glare. Filaments are generally
found in incandescent lighting. Perhaps the Committee is unaware that
modern intensive lighting is largely by means of sodium and mercury vapor
lamps. Attempting to see if these units have any filaments from any
distance is inviting blindness. It would appear. that the intent of such an
ordinance would be to confine area lighting, and it's intended directed
reflected glare, to a given property, and to protect neighboring properties
from the damage, and nuisance it inflicts. To - attain such an end of the
intensity of lighting should be reduced to a minimum, and the lamps, bulbs,
tubes, globes, etc. employed should be enclosed and shielded, to direct and
defuse such illumination downward, and confine to the property for which is
approved. The proposed amendment eliminated most of the criteria
previously reflected, and subjugates the present amendment to the
interpretation, and enforcement standards, which are subjective in nature.
Now, I mentioned the sign amendment previously. Now, to get to the heart
of what I have to say. As for the proposed B&B zoning, it represents
disingenuous,. duplicitous, sadistic, hair splitting, on the part of the Code
Committee, then introduces what every other level of government defines as
commercial use into residential districts. It is no more possible to
introduce business use into a residential district based upon this argument,
that it is not of principle use. Either you are, or aren't. It is obvious
that the origins of this amendment are political in nature. It caters to a
certain segment of the population rather than recognizing the Board's
bounding duty to consider the welfare of all. It relies on the premise that
the majority of residential property owners are either, ill informed,
unorganized, or both. Perhaps the present majority of this Board does not
remember it was elected in large part, based. upon the electorates
overwhelming rejection of the previous Board's program of intensive
development. This proposed amendment' is a prelude to the committee, and
presumable the Board's majority's much more encompassing agenda. It
affectively eliminates the residential zoning propagated by the Enabling
Act, as it were to exist in the Town of Southold. In defense of this
aberration, reliance is based on earlier improper actions of previous Board.
It is the equivalent of maintaining that two wrongs make a right. This Board
simply can not have it both ways. It can't impose commercial uses on
previously residentially zoned districts, and still maintain that there are
residential, districts in Southold. The imposition of commercial zoning into
residential districts destroys the residential character of the 'district. A
district assumes the character of it's most intensive use. Technically such
a melange creates economic obsolescence, and devalues other properties
effected. Were you to research the matter you would find that the primary
source of such obsolescence is legislative enactment. This is obviously a
zoning matter. Zoning is a legislative function. To shirk the decision for
what is clearly a zoning problem, by delegating zoning problems to the ZBA
is clearly an attempt to subvert the intent, and the obligations imposed by
the Enabling Act, by means of delegating such authority to an unelected
Board devoid of legislative powers. This proposed amendment is clearly
based upon the Board's majority agenda for the future of Southold, based
upon the expansion of the tourist industry, as advocated by the Task
Force, and implemented by the destruction of the Town's residential zoning.
Rather than implemented these changes, as it currently appears will be
done, on a piecemeal basis, which would have affectively conceal from the
average resident the cumulative effects of these recommendations, if pursued
headlong, on the future character of Southold. I believe it is incumbent on
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NOVEMBER 29, 1994
the Board to reveal it's complete agenda, and provide residents with an open
forum to discuss the agenda's overall impact. In my opinion the emphasis on
tourist, rather than consulting. .constituting a panacea for Southold's
economic problem, represents expediency, precariously based on a foundation
of quick sand. It favors a minority of business proprietors at the expense
of the welfare of the majority of residents. The effects on the town's
intrastructure, including it's seasonally overburdened highway, should be
obvious to all, but the most bias proponent of such a program. Unbelievably
it is reported that some of the Board advocate the expansion of the LIE
terminating at Mattituck. This is! a prescription for chaos. As for the
tourist industry serving as a economic panacea, even first week analysis
reveals it's illusionary prospects. Tourism provides seasonals largely
minimal wage employment. It is purportedly based on the worthy objective of
providing worthwhile employment 'at wage levels sufficient to provide
recipients with a decent annual income. Such employment, as seasonal
tourism offers, is unlikely to prove attractive, or satisfactory to capable
and ambitious residents, particularly the young seeking career
opportunities. On the other hand, this could attract, as has proved to be
the case in other instances, an influx of unqualified, unskilled workers.
The adverse effects of the emphasis on tourism have obviously been
overlooked. Marginal seasonal workers must be housed year-round. Such
workers would create a demand for subsidized housing, and in the
off-season swell the unemployment compensation roles, as well as the welfare
roles. But to allow these by-products of the emphasis of tourism will
recognize, perhaps inadvertently, by a spokesman for the Task Force. He
advocated the construction of, so called, affordable housing to benefit
those who's low income originated from employment in the tourist industry.
Now, doesn't this represent subsidy of a kind for the proprietress of the
tourist industry? Further, who is to bear the cost of this subsidized
housing, another drain on the Town's over-stretched resources of the
already overburdened taxpayer? The Task Force further recommends
two-family houses, accessory apartments, low-rent housing, etc. Is this what
the majority of residents want, and voted for? Does a typical resident
subscribe to the Board's current vision of Southold's future? I believe that
the Board, rather than heaping accolades on the Task Force
recommendations, is duty bound to reveal it's total agenda in advance, and
justify the accumulative effect it would have on the Town's future
character. These proposed intensive' uses eviscerate the protections aborted
by residential zoning, benefit a minority, and inflict on Southold the very
problems that westerly Suffolk towns are currently engaged in.
SUPERVISOR WICKHAM: Mr. Flynn,, are you finished?
F. M. FLYNN: I'm on the last couple of words, I guess. In relation to
the proceeding comments, I believe 'it is appropriate to close with a quote
by George Santayana. Those who can not remember the past are
condemned to repeat it. Thank you.!
SUPERVISOR WICKHAM: Thank you., Is there anyone else, who would like
to address the Board this afternoon?
FRANK CARLIN: I just want to mention about light glow. Can you
imagine if' we remove all our street lights from east coast to the west coast
in this country, especially in cities,; like Chicago, New York, what would it
be like? - Darkness, crime would increase. Street lights don't put out a
glow. They help, and I think it's necessary to have street lights. I don't
think we have enough along 25. We'l should have more on 25, but as far as
lights putting out glow, or even light pollution, there ain't anybody on the
Board yet, that can prove to me what kind of pollution this light can put
out. As far as street lighting goes, I suggest to the Board not to get
involved in that area, you consider ' illuminating street lights. Please, you
need street lighting. I know, as I mentioned once before, I worked in
Grummans, and I came home many .a night twelve o'clock, one o'clock in
the snowstorms, in fog, and the rain, if it wasn't for the street lights I
would never have made it home. But; I'm just saying to the Town, if you're
considering an street lights, think about it, because they're necessary, and
they're necessary to reduce crime. You ask any Police Officer. They'll tell
you this. Drivers will tell you this. 'I We don't enough. I'd like to see more,
like Riverhead has, up to our line : in Laurel, on every other pole. That
would be great. It's really a help when it's raining.
NOVEMBER 29, 1994267
SUPERVISOR WICKHAM: Thank you, Frank. Is there anyone else in the
audience who would like to address the Board this afternoon? (No response.)
If not, does any of the Board members wish to make a comment?
COUNCILMAN LIZEWSKI: I voted today against the Town Board
advertising for resumes for the Planning Board and the Board of Appeals,
and my feeling about that is, that I'm going see politics, and not people
for the first .time. I found no substance to any complaints about Mr. Wilton,
or Mr. Ward. I believe that Mr. Wilton is really the target of this. He's
done nothing to show us that he's not a capable Zoning Board member. It's
been customary in the past that when people had done their job, that they
were appointed to these positions. In fact, we had a discussion at this
Board that this will not be always done, that there will times when there
will be no advertisement for resumes. We will just reappoint people to the
Planning Board, and the Zoning Board of Appeals. I feel that this is a step
backwards, and basically, I think, a political move to get rid of Mr.
Wilton, who was opposed by Mr. Wickham, when he was appointed several
years ago. However., I don't find any reason why we should dismiss people
who have served so well, and we can not find enough to complain about to
have them go through the process of going through resumes, and
reappointing them. Thank you.
SUPERVISOR WICKHAM: Anyone else like to address?
COUNCILMAN TOWNSEND: I'd like to respond to that. I'd be happy to
remove Dick Ward off that resolution, but Mr. Lizewski wanted to have
Dick Ward on there for, I guess, a similar reason. It comes down to
credentials, . as far as I'm concerned, and I'm interested in seeing what's
out there. I have 'no problem with Dick Ward, or Richard Wilton, except that
I believe there may be more qualified people than Mr. Wilton.
SUPERVISOR WICKHAM: Any other questions, or any comments? (No
response.) Since my name was mentioned, I'd just like to say for the benefit
of the audience, that the policy of the Board has been that when a person's
term is up on the Planning Board, or the Zoning Board, or any of the
appointed Boards, tradition, at least has been that if there is unanimity on
the Board to simply reappoint that same person to another term, that we
simply do that. But, if there is even one person, who has some reservations
about it,. who feels that, hey, why don't we go out, and canvas the
community, and' see if there aren't additional people, let them express an
interest, let them come, and be interviewed, without prejudice to the
person, who's term up. Let him, also, be included, and be considered, and
be interviewed for a possible extension of his term, rather than having it
be basically. .if there's a .person on the Board, who feels that ought to go
through that process the Board normally does it, and we did it in this case.
I'd like to comment very briefly about the Greenport Police situation, which
I think some of you may be quite interested in. Two weeks ago today the
people of Greenport voted, virtually two to one, to abandon their Police
Department. As you all know, it fell to the Town of Southold to take on that
responsibility within two days. On Friday we were officially established
over there. It was quite an experience for me in that period. I spent
quite a bit of time in Greenport, actually going around with some of the
Policemen on the beat to go into the nooks and crannies of Greenport. I
would have thought somebody who had lived here all his life would know
Greenport in and out, but if you get inside of a Police Car, ' and go to
various places, there are a lot of parts to it, that might be surprised to
go to. I think that the system, that the Town has adopted so 'far, has
worked - reasonable well. I would like to outline to you very briefly, what
that system is. We have absorbed Greenport into the adjacent sector, that
already exists, that extends all the way from Orient to East Marion, up to
Greenport, but we've moved the line between that sector, and the next
sector of the Town's police responsibility, which used to be at Chapel Lane.
We've moved that to Moore's Lane, which is right on the edge of the
incorporated village. What that means is, that one sector car, and one
policeman from the Town of Southold covers the area beginning at Orient
Point all the way up to Greenport, and the next sector begins at that same
stage, and continues on west through. Southold. Consequently, Greenport is
really at the junction of two sectors, and it's easy, and we have in fact
put two sector cars in Greenport from time to time, when we have to.
Fortunately, this is November. It's almost December. This is not the busiest
time of the year, and I think I can safely say, it's worked quite smoothly,
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and quite well. I think the real test to the town is going to come in the
summer months, when we're going to be very busy, when there's going to
be a lot more activity, but I think the initial steps, that our Police
Department has taken, they've been positive. I think that the impression I'm
getting from people in Creenport is that there is' respect for our men, and
that the system seems to be serving the purpose of police protection in
Creenport. I think you'll be hearing more about it in the future, as the
Town adjusts to a more intensive schedule during the summer period. Are
there any comments from any one else on the Board, or do I hear a motion
for adjourn?
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:45
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie,l Councilman Lizewski,
Supervisor Wickham.
This resolution- was duly ADOPTED.
'I
Judith T. Terry 61
Southold Town' Clerk
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