Town Board: hearing slated on revised proposal to amend non-conforming business rules

The following legal notice is slated to appear in this week’s Reporter (March 1 ). It reflects formal actions taken at the Friday, February 24 Town Board  meeting — including a vote to set a hearing for the Friday, March 16 meeting on the board’s revised proposal for amending the rules for non-conforming business uses in residential zones.

The issue has been a touchy one in the past, with business leaders opposing the board’s last attempt to clarify the current rules.

The text of the proposal appears in the legal notice below in item number 4:

NOTICE IS HEREBY GIVEN, That on the 24th day of February, 2012, the Town Board of the Town of Shelter Island duly adopted resolutions concerning the following, to wit:

1. Canceled the work session of the Town Board which was to be held at 1 p. m. on Tuesday, March 13, 2012.

2. Set a public hearing to be held at 4:45 p. m., prevailing time, on the 16th day of March, 2012, pursuant to Section 90-5 of the Code of the Town of Shelter Island, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Leonard Genovese, 5 East Brander Parkway, to install a mooring in West Neck Creek at a location approximately 100 feet seaward of existing dock and designated as latitude 41.047222° north and longitude 72.366667°.

3. Set a public hearing to be held at 4:46 p. m., prevailing time, on the 16th day of March, 2012, pursuant to Section 53-9 of the Code of the Town of Shelter Island, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Carolyn Buck-Luce, 64 Gardiner’s Bay Drive, to remove 142′ of bulkhead and existing stairway to beach, construct 142′ of new bulkhead and new stairway to beach, in place, fill void areas landward of new bulkhead with clean trucked-in sand (approximately 35 cubic yards), provide 10′ wide non-turf buffer landward of new bulkhead, revegetate with Cape American beachgrass, and repair existing timber jetty in-place as needed.

4. Set a public hearing to be held at 4:50 p. m., prevailing time, on the 16th day of March, 2012, in the Shelter Island Town Hall, 38 North Ferry Road, Shelter Island, New York for all interested persons to be heard in favor of or in opposition to a proposed Local Law entitled AMENDMENTS TO CHAPTER 133, ZONING,

RE CHANGES IN NONCONFORMING USES, to wit:

Be it enacted by the Town Board of the Town of Shelter Island, as follows:

Section 1. Purpose. Additional guidance is needed on the ability of a nonconforming business use to expand in a residential zone or to temporarily discontinue. This amendment clarifies these rules.

Section 2. Amend Chapter 133 Zoning as follows:

A. Section 133-1, Definitions, shall be amended to add or modify the following definitions:

PREMISES — Shall mean a tract of land including its structures.

NONCONFORMING USE EXTENSION – Shall mean a change to a nonconforming use which would have impacts on parking, lighting, noise and/or traffic in the surrounding area. An activity such as a repair or modification which does not create the above impact(s) would not be considered a nonconforming use extension. A change which offers an amenity, formerly reserved for customers, to the general public would be a nonconforming use extension requiring a special permit.

B. Section 133-22, Merger, shall be amended to add subsection (E) as follows:

E. When a lot is merged with another lot with a nonconforming use, the nonconforming use may not be shifted or expanded to the merged lot.

C. Section 133-23(C), Nonconforming buildings and uses, shall be amended to read as follows:

C. Use extension. Nonconforming use extension shall be governed by these rules:

a. A conforming (legal) use may be extended to any portion of an existing nonconforming building on the same lot.

b. A legal nonconforming use may not be extended beyond or within the original physical area, meaning the actual building and/or outdoor area used as of 10/19/1959 or the adoption date of the code revision creating the nonconformity, except with a special permit from the Zoning Board of Appeals, using the criteria set forth in §  133-35.

D. Section  133-23(D), Nonconforming buildings and uses, shall be amended to read as follows:

D. Discontinuance. A nonconforming use that has been abandoned shall not thereafter be reinstated. The substantial discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises, unless the owner files a notice of intent to reinstate the business with the building department. This notice shall be good for two years and may be renewed up to five times. If no notice is filed or the notice has expired and the one year period has passed, said structure or premises shall not be used except in conformity with provisions of this ordinance.

Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

5. Set a public hearing to be held at 4:55 p. m., prevailing time, on the 16th day of March, 2012, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Jeffrey T. Butler, as agent for Richard Tarlow, 29 Nostrand Parkway, for a special exception permit to construct a 10,431 square foot house (8,412 square feet of habitable space) plus an 864 square foot garage, 2 pools, etc.; pursuant to Section 133-7F(1) of the Town Code.

6. Set a public hearing to be held at 5:00 p. m., prevailing time, on the 16th day of March, 2012, in the Shelter Island Town Hall, 38 North Ferry Road, Shelter Island, New York for all interested persons to be heard in favor of or in opposition to a proposed Local Law entitled AMENDMENTS TO CHAPTER 133, ZONING,

RE: LAWN AND GARDEN EQUIPMENT REPAIR AND MAINTENANCE IN C ZONE, to wit:

Be it enacted by the Town Board of the Town of Shelter Island, as follows:

Section 1. Purpose. Lawn mower repair is a vital service to a largely residential community. It should be clearly stated as an allowable home occupation in the C zone, subject to the Home Occupation guidelines in Section 133-18.

Section 2. Amend Chapter 133 Zoning as follows:

A. Section  133-10. District C (Residential), subdivision (E)(2)(c) shall be amended to add the following new section [13] and the former section [13] shall be renumbered:

(c) Home occupations. The following home occupations are allowed, subject to the requirements of §  133-18:

[13] Lawn and garden equipment repair and maintenance.

Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

7. Authorized the issuance of a permit to Emory H. Breiner, 6 Community Drive, to relocate mooring number W 2257 which was formerly owned by Anamarie A. Breiner to a new location in west Neck Bay designated as latitude 41.06614° North and longitude 72.36328° West.

8. Authorized the issuance of a permit to Struan H. Coleman/Little Ram LLC, 24 Little Ram Island Drive, to install a mooring in Coecles Harbor at a location designated as latitude 41.07938° north and longitude 72.20252° west.

9. Adopted a resolution pursuant to Section 73-5D. of the Code of the Town of Shelter Island that effective immediately the fee to be charged for the disposal of tires in the landfill area is hereby increased from $.10 per pound to $.15 per pound.

DOROTHY S. OGAR, TOWN CLERK

TOWN OF SHELTER ISLAND

SHELTER ISLAND, NEW YORK

DATED: FEBRUARY 27, 2012.