Town Board Talks Tent Policy

The rules for pitching a tent could soon become more stringent around Southold Town.

The town plans to get tough on commercial enterprises using tents for anything other than their specified purpose.

At Tuesday's work session, Bob Fisher of the town's building department came before the town board to discuss guidelines regarding the tent permitting process.

"There's no discretion right now," he said.

The bottom line, Fisher said, is that some type of controls need to be instituted for issuance of permits for properties that are in the site plan review process or have open building permits.

Historically, he said, tent permits were issued in conjunction with events.
Under the New York State fire code, a temporary tent can only be allowed for a maximum of 180 days.

Southold, Fisher said, has traditionally given permits for 30-day increments.

What's happening, Fisher said, is that some tents are being used as accessory temporary structures for commercial businesses. "I don't believe that's what the tent permit process was intended to be," he said.

Those in the site plan process or who have open building permits should not get a tent permit until a review has been conducted to ensure the tent is used for protection from the elements or shade. "It's not intended to be a new structure," Fisher said. "The permit doesn't authorize you to have events or more people on the site than otherwise allowed."

Special events, he said, need special event permits and a tent permit, said Town Attorney Martin Finnegan.

Fisher asked that the wording of the guidelines be tweaked to say that no tent should be erected on commercial or agricultural operations for anything other than its intended use. The guidelines do not include residential property, he said.

The guidelines, Finnegan said, would allow the building department to go inspect properties and ensure that tents are being used properly -- or if the process is being abused  and tents are being used as an extension of a building, "to increase or intensify a use beyond what is intended on a site plan."

If a tent is put outside for shade, Councilwoman Louisa Evans said, that would be fine -- but "if it's being abused, we can revoke the permit."

Fisher asked that permits can be given for less than the current 30 days.

In addition, Finnegan said, tent sales can't extend for the entire summer; they would have to be held on a specific weekend.

"The point is to give guidelines and to give the building department more direction," Finnegan said.

Councilman Jim Dinizio said during a permit's 30-day period, follow-up is critical -- code enforcement needs to issue violations for offenses. The building department, he said, cannot refuse a permit renewal arbitrarily. "Due process," he said, needs to be followed. A trail is necessary, Dinizio added. "This set of guidelines is fine but it requires some enforcement, so  that you stand on firm ground when you say 'no.'"

Police reports can also be used to deny a permit renewal, Fisher said.