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HomeMy WebLinkAboutAccessory Apartments 2019 SOUTHOLD TOWN BOARD PUBLIC HEARING August 27, 2019 7:00 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at!7:40 PM COUNCILMAN GHOSIO: NOTICE IS,HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled"A Local Law in relation to an Amendment to Chanter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main'Road, Southold,New York, on the 27th day of August,2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400,Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 1 page 2 A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L.No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of existing dwelling,hai- - - -"1. - of the dwelling units as the V Yit+l'Js principal reside. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 4-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 45�0 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment january 1, 7or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The e...i. e fthe promises shall oeou y Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the The other dwelling unit shall be leased for year-round Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 3 occupancy evidenced by a written lease for a term of one or more years to: D. Rental pen:nit for- aecessoi=), apartmei4s.Notwithstanding any prior- eour-se of eeiiduet e of ffinory .,r+ or,+r, eatora p „+to P 140_13 13A(6) or R 740_1 372!131 . rithei valid rental permit issued upon application to the Chief Building lnspeeter-. [Added 6 1-5- 1010 by L.L. No. 1_20W (1) G + + f app1' +' An applieation fn a rental penit or f^ a renewal of. rental pefmit shall bear the notarized signatur-e of the owner-and eentain the following i �� o or, (,� T____�,—rm-,rz-rrrri, �a telephone number- of the owner. r � tx (b.) The rataress f the ,1,; et property el udin x_c.+ e+ address ta �.,., u ra e ff 11 G +. Tax Map number-. J ..- � ovmere !n) T +l, eveiA ratio , 1' •+ ra liability C J Y^ �partner-ship, -' m1 v,r, other business ,the natne, address and telephone number of each owner-, pr-ineipai, offieer, > partner or membef of such business. (d) The na-me(s) and telephone number(s) of all tenants. ( ) A YJ f+l, leas- 0 �„+l,o+.x.�pr n tonant. / o .,bro m (f) A eep"fflhe eetrtfifiweate f.e -p - uuey or preexisting rh'f ra + f for the prepefty, M\ Th owner f an aeeessefy apartment '' an existing one r----=l-- a--._ll:n,x shall, ata•+' to the information ra in R 140 1371!1)!.,1+l,rr,,,g !f1 .;de r-ej 3 \ 1\ / a \ / provide eeftifieation that the existing dwelling er-aeeessory apartmeRt is Occupied by the ow-fle and that the Y n eemplianceprovisions C ff 11 ra +t1 laws f+t1 State of ATo..,Yofli (3) The awner of an aeeessor-y apaftment in an aeeessei=y stfuewfe lawfully existing pufsuant to § 280 13B(13) shall, in addition to the infermation required in § 280 1 371!11( )through !f1 provideor+;f;r..,+;r.,-, that:- uaea 2A-3017} (a) The existing single f mile we11u1c or! , apartment stmettffe is 1111 p k 1 r the ow-ne. as the oymer's 11 member-(b) The other dwelling unit on the Su'Dieet,.-F-eper-ty is te be eeettpied by either a family individual t, is etffr-ently on the Qr,., hold Toy,, A�ffer-da,le or- 111V1N11V Housing - Registry nand e�ro.le for-I laeelment ! ) D + to tenant r t Arr ' ' 1 HousingRegistry shallnot� `x t C / 1, bra the + + b I 1,CArl 1, Gl+leaL 1 T 11 BV ' annually puf ,+to R 140 30F f this O Y i' V YY L Gode. r !`d) The dwelling + •c 1'anee with 11 of theprovCode f the f+l, r Tovm of Seutheld, the laws and sanitary and housing r-egulatiens of the Goui4y Of C ff 11 ,a the laws f+1, of StateNewYed- i Tif III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 4 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed, notarized affidavit that this hearing was noticed in the Suffolk Times and also the same for being noticed on the Town Clerk's bulletin board and on the town website. A letter from Suffolk County's Office of Department of Economic Planning and Development that this is a matter for local determination as there is no apparent significant county-wide or inter- community impacts. I do have an email from the Planning Director, Heather Lanza, regarding the Planning Board referral of Local Law concerning Accessory Apartments, the Planning Board has not yet had time to review this local law and is requesting more time to comment due to their schedule. Their next work session is September 9 and they will be able to provide comments after that date, if that is okay with the Town Board. I have a letter here from the Southold Town Housing Advisory Commission, `Dear Supervisor Russell and members of the Town Council, The Housing Advisory Commission met on August 22, 2019 and reviewed the proposed code change to section 280-13 use regulations as they relate to accessory apartments in the principal dwelling and accessory apartments in accessory structures. The members of the HAC unanimously recommend that the Town Council support legislation restricting occupancy in accessory apartments both in the principal dwelling and in accessory structures to renters who are either family members of the owner of the residence or tenants who are on Southold Town's Affordable Housing registry. The Town's current regulated rental limits are sufficient enough to stimulate private investment and the income qualification for the affordable housing registry is sufficient enough that most full time residents of Southold Town can qualify. Currently a regulated two bedroom apartment unit can be rented out for $1,878.00 per month. A single individual who makes up to $104,200.00 per year qualifies for the affordable housing registry. A family of four who makes up to $148,800.00 per year qualifies for the affordable housing registry. Keeping the rental regulations the same for both accessory apartments in principal structures and apartments in accessory structures will make the town code simpler to use and easier to understand than if there are different standards of review. The HAC does not oppose the proposed code changes to the square footages of the units or the removal of the requirement that the property be the owner's principal residence.' And that is all I have. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? BOB HANLON: Bob Hanlon, Orient. We need more housing opportunities. Our children and people who work in our shops, our trades, our fields, our restaurants, our institutions often cannot afford to live here. When there are no homes within reach, they have to leave to find jobs closer to where they live. Most cannot yet afford to purchase houses. So increasing apartment stock is a more effective approach. The town code currently allows creation of two types of accessory apartments to help address the problem. The first type is within existing single family homes and can be rented to anyone at market rate. The second type is in accessory structures, garages, barns etc. and can only be rented to family members or those eligible for affordable housing. The town is proposing several changes in the rules that govern all accessory apartments. We do need to change the existing rules because they do not work well enough. Q Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 5 The proposed changes do not solve the problem in fact, it will make the situation worse. Currently all accessory apartments can only be rented on property that is the owners principal residence. The proposed changes would eliminate that requirement for both categories. Currently the reporting requirements that ensure the apartments and outbuildings are reserved for family members or affordable housing. The new code would also eliminate that safeguard. These changes have a significant impact on our community. One problem is speculation. An increasing number of houses purchases are by people that are not interested in living here, even part time. They buy up multiple properties for high rent, seasonal use and short term rental, even though that is not allowed. Speculation purchases that convert houses to seasonal rentals reduce the number of available year round apartments. This reduction of supply drives up rental prices and makes the situation even worse. We have always welcomed our part time neighbors but we cannot afford to become a mere handful of full timers. That is not much of a community. The proposed code amendments say you cannot rent out both the accessory apartment and the main dwelling unit but with the removal of the principal resident requirement some will be tempted to monetize their property to the max. With the removal of reporting safeguards, it will be even harder to identify and enforce against those violating the code. We have already witnessed the fiasco of a short time rental code that is unenforceable. Creating apartments primarily in hamlet centers is a clear goal in the draft comprehensive plan and serves to help our housing crisis while retaining the rural nature of the rest of our community. The proposals do nothing to promote the location of additional apartments in and around hamlet centers. The proposed code would allow the conversion of nearly every house in Southold into a two family dwelling, over 99 percent. But a wholesale down zoning of the entire town is not the way to achieve our goals. We are a community larger made up of modest, one family homes. This is in keeping with our rural history and tradition. In general, our zoning laws limit where multi-family dwellings can be built. Not on every rural lane and every development. We are not and don't wish to become Queens. Not that there's anything wrong with Queens, I used to live there but I decided to live here. It's different. Additionally, the method the Town Board used in proposing these changes is also seriously flawed. The new code was raised for the first time two weeks ago at a town board work session and the same night put on the calendar for this hearing. It was never reviewed at code committee, the usual practice. Nor was it referred for input from the ZBA, the Housing Advisory Committee though I note that they have responded and I am glad of that, though I disagree with their analysis. The Economic Development Committee or any of the civic or community groups that have a high stake in the shape of our housing. The only groups asked to comment were the town and county planning boards despite urging that it be referred to other interested parties and expert parties. Where did this unusual and inappropriate procedure come from and why is the rush? The current program for creating accessory apartments doesn't work. In the past 15 years, only 27 units have been legally created for affordable housing or owners families. The number of market grade apartments also remains very small. We need to revamp and improve the system but we need to carefully analyze which aspects of the current program work and which do not. We need input from all the departments, committees and community organizations that have expertise in this area. We need to give the public a real opportunity for input into changes in our policy and its implementation, not just a token hearing after the proposal is cast in concrete. The current approach is another example of the Town Board's pattern of rule-making without adequate planning or broad expert and community involvement. It has the potential for serious unintended consequences. We should go back to the drawing board,this time let it be a thorough collaborative effort. Public Hearing-Amendment to Chapter 280, Accessory Apartments August 27, 2019 page 6 RANDY WADE: Randy Wade, Greenport. I am just unclear, are you throwing out the rental permit process that had previously been proposed? There's no rental permit that's going to be required now? SUPERVISOR RUSSELL: Actually no, in fact the rental permit is one of the reasons why we (inaudible) for accessory apartments within dwellings and for accessory apartments in separate structures. MS. WADE: The reason I ask is the code proposal has crossed out lines everywhere it relates to the permit. SUPERVISOR RUSSELL: That has to do with redundancy with the rental code but if you look at section 13 b, you'll see that although the criteria stays the same, including annual verification of the residence, in fact because it's a ZBA condition the town has the authority to verify the compliance at any time. MS. WADE: Okay, so that is how the protection against short term Airbnb's? SUPERVISOR RUSSELL: Short term Airbnb's are covered under a separate section of the code. The rental permit that we adopted several weeks ago was another tool to help us address that issue which admittedly has been difficult, although I should point out that after that code point we did get substantial compliance with the code right out of the gate and we have been getting some compliance as we go and knock on doors and find that people have been operating continuously, although the violation, we have challenges there, probably cause and all of that but we are working on those. MS. WADE: Have violations been issued? SUPERVISOR RUSSELL: That is completely separate (inaudible). MS. WADE: Okay, and I don't understand why the maximum would be 750 square feet rather than say 1,000 square feet. If we were looking to house more than a single person or a young couple, you know, if we want volunteer firefighters they might have a child. COUNCILWOMAN DOHERTY: We changed that to match NY State code, so it's more consistent with NY State. It doesn't mean that it has to be that small, that's as small as it can be. MS. WADE: No, no, in one section... COUNCILWOMAN DOHERTY: Oh, max, okay. SUPERVISOR RUSSELL: There has to be a threshold because we still want it to be accessory to the principal structure, so there has to be a point where the accessory structure size has to be limited because again, intends to make it an accessory to an existing principal structure. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 7 TOWN ATTORNEY DUFFY: The code defines a dwelling as 750 square feet (inaudible) so if you have (inaudible) and then the dwelling (inaudible). MS. WADE: I just don't see how a couple with a child would, you know, find more housing, that's what we are having trouble with. COUNCILWOMAN DOHERTY: That's part of the reason we are changing this, if you have someone say that has a big house and doesn't need that, they can move into the accessory and have that as their dwelling (inaudible). MS. WADE: I noticed. That was a nice change. COUNCILWOMAN DOHERTY: So it actually creates more... MS. WADE: But the primary can only be 1,600, oh, used to be 1,600. Now you have reduced it to 1,200 and that also seems not necessary. Because it shouldn't only just be small houses that becoming two families. . SUPERVISOR RUSSELL: That's a minimum. The minimum. In other words, the minimum house size used to be 1,600 square feet.... MS. WADE: Oh, okay. SUPERVISOR RUSSELL: We dropped that to 1,200 square feet. MS. WADE: Okay, good. SUPERVISOR RUSSELL: Inaudible. MS. WADE: And the other thing I didn't understand, is the structure to become two family had to be in place ten years and I can understand you don't want speculation but it seems like there should be a percentage that they should be able to expand if they are going to be two family that would be reasonable. SUPERVISOR RUSSELL: We need to be perfectly clear, this does not permit two family houses. One of the units needs to be rented to a primary resident, one of the units to be held for the exclusive use of the owner. MS. WADE: But that's still two families living there, one is the owner, one is the tenant. SUPERVISOR RUSSELL: It's a principal dwelling with accessory use. Not the same as two family dwelling. Also, the fact is (inaudible) was to focus on the existing housing stock. You are allowed to expand the size of the house to some extent to accommodate for the new dwelling, sorry, the new accessory apartment, (inaudible), you allow to expand to a certain extent. However,the idea was to focus on the existing housing inventory, not create new. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 8 MS. WADE: So is it in a different part of the code, that you can expand it a little. SUPERVISOR RUSSELL: No, it would be in the same section of the code, section 280-15. Several pages (inaudible). MS. WADE: That's not in the agenda today? SUPERVISOR RUSSELL: No, the items in the agenda are the sections of the code that we propose to change. MS. WADE: Okay, great. And so, I was just curious what would happen if an owner had multiple properties and they put them say in different relatives names and said I am living in this one, my wife is living in that one and somebody else... SUPERVISOR RUSSELL: They are retaining one of the units for their exclusive use then that's the intent of the code, to make sure that that isn't being rented to separate parties. It's still (inaudible) if there's a primary resident or the owner, as long as he holds one of the units for his or her exclusive use,that is the intent of the code. MS. WADE: And then the permit applicant.... SUPERVISOR RUSSELL: The accessory apartments in existing dwellings would be covered under the rental permit, the accessory apartments in accessory structures would be basically under two separate categories, first the provisions that were in place for 13 b which I mentioned that is annual qualification, annual verification. All of those things. Inaudible be subject to a rental permit. So there's (inaudible) MS. WADE: Okay. Okay. And I hope you delay it a little while, I would love to know what the Planning Board thinks. PATRICIA MOORE: Good evening, Patricia Moore, I am not here on behalf of any clients, I am here as a homeowner and as an attorney. I do support your proposed changes, I think that the Town of Southold is in dire need of accessory apartments. I unfortunately have to do evictions and through the eviction process, there are just people that can't find any other place to live and that's just the reality. So I do support any effort,that the Town Board undertakes to increase housing stock for apartments. I do support the change that you made to the code because in this case it would allow snowbirds, who are technically possibly residents of Florida or other states for tax reasons, they can't be, it can't be their principal residence and secondly I support because second homeowners, many of them, well, I won't say many, I don't know that there's that many people that want to do this, put in an accessory apartment. I have had one in 30 years that asked and that was a second homeowner, they had liked the idea of providing affordable for the community as well as the protection that a homeowner, that an occupant of an accessory apartment provides year round supervision and protection to the property, so it had two positive aspects to that individual. And second homeowners might find that that is a good use of their property. A couple of questions that I had just for clarification, is this use also allowed in R-40, one acre zoning? Because it refers to AC, R-80 and so on but it doesn't refer to R-40. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 9 TOWN ATTORNEY DUFFY: Section 40 refers back to.... MS. MOORE: Okay, so the referral back from AC, that's fine. Good. Another point, I would agree with the young lady that spoke about the 10 year, I hope that eventually you will take that out of the requirements, because I just don't see a lot of applications, I don't see a lot of accessory apartments that are being offered and to the extent that y ou can allow somebody to possibly build an accessory building allowing for an accessory apartment, again, it allows for another housing stock. An opportunity. The other issue that I had was the insistence on one bathroom, it never made any sense to me, I had a client that had a handicapped spouse, the reality was that every time his wife would go to the bathroom as a handicapped individual, it might take a while, you want to give that person privacy, particularly there might be home care that might be necessary and when we went to the zoning board because of the limitations here, the zoning board would not grant that second bathroom. If you just allowed for a half bath, so it was 1 1/2 baths,just allow a toilet and a sink, if you had a 750 square foot apartment, the person has a bathroom for themselves by the bedroom. There might be a need just for a simple half bathroom access for guests or even when two people have to go at the same time. Those things happen. So I would hope that you might consider allowing for a bathroom that doesn't, under the health department regulations, bathrooms do not trigger additional sanitary needs and I never understood that requirement. In general, I think that you're proposed changes are good ones and I do encourage the board to, and I understand we operate in little piece at a time over many years and this is going back to at least 04, and there has not been a hue and a cry and a change to the character of the communities due to the accessory apartments being offered. So I think that what you have proposed is certainly helpful and I appreciate your efforts to provide for housing to younger community, really it's, we just don't have enough rentals. I encourage you to do this. Thank you. SUPERVISOR RUSSELL: For the record, public record, I want it noted that at 8:02 PM on August 27th, Pat Moore actually agreed with us on something. MS. MOORE: I come very often on code changes and I actually support them, I specifically come and support those changes I think are good changes. Thank you. SUPERVISOR RUSSELL: Thank you. ANNE MURRAY: I'm Anne Murray from East Marion and I'm actually happy that the Town Board is acting on this but I think you are going a little too fast and it deserves more discussion in the community as well as among the different committees in the town. My issue with it is short term rentals, I think you leave a loop hole here when you are taking out `an owners principal residence' I understand what Pat is saying, that people may be snowbirds and their principal residence is in Florida which is fine but it does leave a loophole for investors to buy multiple homes, do accessory apartments and rent them on Airbnb. How would you know? You wouldn't necessarily,_so this could be something that investors are looking at and very easy to take advantage of. SUPERVISOR RUSSELL: If I could just address that... Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 10 MS. MURRAY: Sure. SUPERVISOR RUSSELL: Of course, like I said, you and I have met in the past about the Airbnb but there's no reason to think that required principal residence would stop you know, surreptitious behavior to rent on Airbnb. In fact, I can think of several that had been doing that for some time although it was the principal residence of the owner. Don't forget, that when this code was drafted years ago and there was a requirement for a primary residence, that was prior to a rental code. So now we do have regulatory authority over the rentals, so again, there's a firewall of protection here and the enforceability is no different now than it was if we kept the primary residency still in place. MS. MURRAY: Okay, I see your point but I still think, you know, we have more and more (inaudible) coming into town and it's just, you know I wonder 10 years from now what we are going to have. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? LEROY HEYLIGER: Leroy Heyliger from Mattituck. I am member of the Mattituck-Laurel Civic Association and I find something a bit upsetting to me about the Fishers Island property. We've been before the board and I've been before the board numerous times about the Reeve property which now has been, we are awaiting the plan of the developer and also the property on New Suffolk Avenue has been before the board for a long period of time, almost two years and I've been before this board a couple of years about the Reeve property and August 13th, the board went to their annual visit to Fishers Island and they came back with this proposal and you got it. I kind of find that a little disturbing to me, first they were here for the proposal, they were fighting against the Briarwoods property, now it's changed to the lighting company and it says here `whereas the proposed acquisition purchase price is $480,000 for 5.4 acres, whereas the property is listed on the towns community preservation project plan list' I would like to see or like to know what about the Reeve property? Is it on the list... SUPERVISOR RUSSELL: I would love to discuss that with you but this is the public hearing at this juncture for the proposal to change the accessory apartment code. I would be happy, after we finish the public hearings to have you discuss that in length and then ask all the questions. GREG DOROSKI: Greg Doroski from Mattituck. While I absolutely support the need to create apartments, rentals in general, affordable apartments in particular, I was wondering if you could maybe just comment while this transition from the work session to the public hearing so quickly without going to the code committee, without allowing the planning board to weigh in, just for our education. SUPERVISOR RUSSELL: We had actually referred it to the planning board first„Mr. Hanlon misspoke when he said it was two weeks ago, we actually noticed this for a public hearing July 16th, six weeks ago I believe. We had referred it to the planning board. I can't speak to why they didn't have time to review it, usually within a month is plenty of time for them. I know they are busy with the comp plan, however, code committee meeting, the simply, if there are challenging issues and we need to get consensus or the board needs to have time to weigh in but Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 11 we discussed it at work session and there was no board member that raised any issue, the questions or concerns that were raised at the table were addressed in the draft legislation. MR. DOROSKI: It seems like though it could make sense to at least consult with the planning board before you draft the code and have them comment on the code that you are drafting, no? SUPERVISOR RUSSELL: We sent it to the planning board for comment. Everything that gets proposed sends it to them for comment. Like I said, this was referred to the Planning Board, I can't speak to why they didn't have time to review it. Usually 30 days or so is more than sufficient time for them and I believe this was referred probably six weeks ago. I can't, again, I can't speak to why they didn't get a chance to comment. MR. DOROSKI: Yeah but I think the point is, should you have asked them to weigh in on it before you actually wrote the code. That's the point. SUPERVISOR RUSSELL: Submit the draft to them? MR. DOROSKI: Yeah. SUPERVISOR RUSSELL: Usually the draft gets proposed and then it gets sent to the Planning Board for recommendation, the Planning Board needed more time. The Board, I believe, will probably have the intent tonight to close the hearing, not take action on it. close it for public comment and then open for written comment, at that point the Planning Board would make a recommendation. MR. DOROSKI: But isn't that the point of the code committee? To have them weigh in? SUPERVISOR RUSSELL: It depends on the circumstance. There is no formalized requirement to go to code committee on all matters. Many matters we don't. MR. DOROSKI: It just seems like on a complex matter like this where people are bringing concerns about short term rentals, you know, the locations of these things, it may make sense to have you know the Planning Board weigh in, the Affordable Housing Committee weigh in. No? SUPERVISOR RUSSELL: The Affordable Housing Committee, the change that was originally proposed was about creating an inventory of apartments, it wasn't an affordable housing issue, it was about creating an inventory of apartments. That is irrespective of affordable, I can appreciate their comments with regard to they think all the apartments should be part of the affordable housing registry, the problem is we are trying to promote accessory apartments in homes. If you look at maximum income eligibility for the registry, it's $104,000 for a single individual, and then the land owner, the property owner would be required to charge him no more than $1548 a month. That's an exercise in futility. You will not create affordable apartments if you subject the landowners, the property owners to those counts and frankly, it's unrealistic and I don't think the public supports that. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 1page 12 MR. DOROSKI: Yes, yes absolutely and I don't want to necessarily debate the merits of the proposal, it's more than just the point of getting them to weigh in because you did and has since changed the rule, you know, there was an affordability requirement beforehand and that's what they are reacting to and it seems like it would make sense if you are going to do that, to at least consult them before that's done. SUPERVISOR RUSSELL: I just want to speak to, there was no affordability component before, there never has been. Accessory apartments in principal dwellings, there was never an affordability component, in fact, accessory apartments in separate structures, the code is identical. There was no change there. Except for I will tell you, we did change the code in 2018 to make it easier for someone to create an accessory apartment to meet our affordable housing goals. MR. DOROSKI: I think though, the Affordable Housing Committee raises some of the concerns with maybe the lack of clarity with the whole code not being published and that again, is more of a process issue but kind of beyond the scope of that. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? BENJA SCHWARTZ: Good evening, Benja Schwartz. Can I ask what the definition of family in the context of this law is? I am curious how far, maybe we have ancestors from Africa or something. SUPERVISOR RUSSELL: Directly related through marriage or.... TOWN ATTORNEY DUFFY: Inaudible. MR. SCHWARTZ: But it's a part of this proposal that the rental will be limited to either affordable rental or family member, so I would like to see that clarified.... SUPERVISOR RUSSELL: There's none there, again, there is no affordability component to accessory apartments in principal dwellings. There is no affordability component. It is creating stock, it's creating.... MR. SCHWARTZ: I thought the, excuse me, I thought I read something in there that the accessory apartment could only be rented to family members or through the affordable housing registry. Is that not correct? SUPERVISOR RUSSELL: That is the code as it already exists, for accessory apartments only in accessory structures. If you want to build an accessory apartment in a separate structure, that needs to be limited to the occupancy of the family member and that is defined in the code, you have the right to a complete definition (inaudible) will get you or it needs to be rented to someone on the affordable housing register. There's restrictions because we are allowing (inaudible)... Public-Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 13 MR. SCHWARTZ: You are saying you are not, you know, you haven't explained it in this context because you are not changing it, in other words. SUPERVISOR RUSSELL: Correct. Inaudible. MR. SCHWARTZ: I think it's important to understand the whole thing. the other thing I have been wondering about and in the context of this new attempt at producing more housing in the town, has there been a report or any review of the performance so far of the rental permit law and the short term rental laws? Do we have anything other than it seems to,just opinion, have you reviewed any specific figures on either of those laws? SUPERVISOR RUSSELL: The data? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: Yes. Of the, what we identified as I think 643 Airbnb's, what we have identified is probably 2/3 of those coming into compliance with about 1/3 continuing to operate. With reference to the rental,code, the application was just due in August. There is not going to be any data yet with regard to the success of that. MR. SCHWARTZ: So the data on the affordable, the short term rental thing... SUPERVISOR RUSSELL: It's not scientific. It's doing the best we can to estimate. You are essentially trying to estimate people who are violating the town code. That's not easy to do. MR. SCHWARTZ: But you could, you know, keep track of how many people have been prosecuted under that statute etc. So the figures you just gave, is there a document that we could... SUPERVISOR RUSSELL: No. We are actually getting one done.... MR. SCHWARTZ: Well, I am just trying to get more information on that. SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: I don't know if it's so separate. SUPERVISOR RUSSELL: It's all anecdotal though, Benja. That's all I can tell you. There's no way to document, it's not like we can send a survey and say, hey, tell us if you are living within the code or if you are violating it. You are not going to get an honest response. MR. SCHWARTZ: If the code enforcement department is enforcing that law, they must be keeping track, I would hope they would be keeping track of how well it's working. COUNCILWOMAN DOHERTY: Benja, we are really getting off track of the topic of the public hearing. Can we have... Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 14 MR. SCHWARTZ: I don't think so, no, I don't think we are getting, in fact, I brought this up because this was relevant in this context. If you don't agree with that, you know, that's your opinion. COUNCILWOMAN DOHERTY: It's not part of this code though. MR. SCHWARTZ: It is. COUNCILWOMAN DOHERTY: It's a separate section of the code. The rental code is a separate section of the town code. MR. SCHWARTZ: The Supervisor has brought up the rental permit several times, saying that that is the basis of adopting this code without worrying that it's going to be violated, that that's part of the enforcement mechanism for this new code. So I believe it's extremely relevant and I think it's one of the things that should have been considered. If your saying it's not relevant, that indicates to me that the two of you have a disagreement there. COUNCILWOMAN DOHERTY: I am not saying it's not relevant to the whole section of the code, I am saying it's getting a little off the topic of the specific code change that we are talking about tonight. MR. SCHWARTZ: Okay. Well, it was raised by the Supervisor and I think he is the chairman of the meeting. I think I got my answer. SUPERVISOR RUSSELL: The rental code was raised by me, yes. MR. SCHWARTZ: Yes, thank you. MERYL KRAMER: Hi, my name is Meryl Kramer, I am a Mattituck resident and also an architect in the Town of Southold and I, my observation is, although I am very much in support of making the accessory apartment code clearer, I was listening to other people's comments and I do want to echo just a couple of aspects. As an architect, I find a lot of times when people want accessory apartments, they are looking at existing structures and it's hard to make an accessory apartment in a structure smaller. If you have a 750 square foot maximum, then if the structure itself if larger then it's hard to meet the code and then you have to go to zoning and I am wondering if there is a way to change the language to say, you know, your goal is to make it smaller, make it an accessory to the principal structure. So if the language could cater to that goal rather than just giving a specific number. The number seems arbitrary, I would say the minimum is matching the state code but he maximum might just reference smaller than the principal residence and therefore meet your goal. So that was my one comment on that and the second is again, the bathroom. I echo what Pat Moore was saying because oftentimes people do have very specific health reasons for, my family included, we need to have two bathrooms in our house even if one is a powder room, it's very important. The other things about the 10 years, again, I understand about speculation but at the same time, sometimes I would have a client that was renovating a house and was getting a new certificate of occupancy and part of it is, again, I see the need to, if they wanted to have an accessory apartment, this could be a limitation to being Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 15 able to provide that. So I echo people's comments that maybe the language needs to be amended to go another route to different agencies that are affected in order to refine it. Thank you. SUPERVISOR RUSSELL: I do appreciate your comments but everything you addressed is actually part of the existing code, that wasn't something that was new. The one bathroom limit wasn't inserted, under the current code you can have an accessory apartment up to 40% of the principal structure. The reason again we capped at 750 was because 750, once you go beyond that it would be a separate dwelling and there's the two family standard that we are trying to.... MS. KRAMER:, Right, but I am just saying if you are going to go ahead and amend it, let's maybe amend more than just what you are proposing or change the language that you are proposing. If you are going to amend it, let's amend it. SUPERVISOR RUSSELL: And you are allowed to expand the home by I think I believe 25%. So you are allowed additional construction to accommodate for the apartment, of the 25%. MS. KRAMER: Thanks much. SUPERVISOR RUSSELL: Who else would like to address the Board on this particular local law? MR. HANLON: If I may just follow up, Supervisor Russell, you indicated that section D was being struck because there is already provision for enforcement under 280-13 B and that the rental permit application, the rental permit code and the application deals with that as well. In the section that you are striking, section D the requirement was that for rental apartments and this is especially pertinent for rental apartments that are for family members or affordable housing, that the application had to include the name and telephone number of all tenants, a copy of the lease agreement between the owner and the tenant and a copy of the certificate of occupancy. The, in the rental permit application, there is no requirement to give any information about the tenant. So under the"old system there was an ability to understand who the tenants were so that an inspector or someone else had the ability to determine if that was the person who was supposed to be there, a family member, someone who is eligible for the affordable housing list. That provision is removed. The rental permit application itself, as I said, has no information about tenants. The enforcement provision that you referred to in that says, `the chief building inspector, zoning inspector and town personnel that are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter into property for the purposes of said inspections.' To expect that said inspector is going to be able to figure out and know who the people are, whether they are family members or not, whether they fit the affordable housing criteria and get the documentation that relates to that, I think is not very promising. There was a reason why the code had the provisions for the tenants, we have a standard that has been set and the ability to see if we can verify that that standard is being met. We have had problems with the, with documentation and proof issues and if you have an inspector going around saying are you a family member, yes, no, prove it to me; I think we are going to have the same kind of problems we are having with the short term rental. Removing the safeguards doesn't help the Public Hearing-Amendment to Chapter 280, Accessory Apartments August 27, 2019 page 16 getting affordable housing and family members apartments covered well. In fact, that will undermine it. SUPERVISOR RUSSELL: I would disagree because again, there is a verification process that goes through our essentially the affordable housing administrator, Denis Noncarrow, he has a list at any time to verify. On top of that, the town has the right to verify at any time that there is compliance with the Zoning Board of Appeals decision because it's a condition of the approval. That doesn't have to be on an annual basis, it could be every six months. It could be at any time someone believes that this might not be consistent with that ZBA decision. At any time, we can ask for verification to prove that that's a family member, when they rent to someone from the affordable housing registry, we are identifying who that person is, who is going through the registry, so we know if they are living there or not. And we can verify, we can ask, we can require verification from the owner. MR. HANLON: Under the current structure, you are requiring someone who is proposing to rent to someone from the affordable housing person or family member to give a name and to give a lease. Under the new structure, there is no requirement that they give any information to anyone including the ZBA or to the inspector and you are suggesting that the inspector or the ZBA can do a spot inspection and ask for someone's papers, for proof of relationship, ask for a copy of the lease while they go around. In addition, as we create a situation where we are removing principal residence as a requirement, the likelihood that the owner is there and able to provide information to the inspector is dramatically diminished. If we have those papers on file, then at least we have something to at least give us a basis to start to believe that they are complying with the requirements of the accessory building rentals. SUPERVISOR RUSSELL: Can I just ask you to refer to section 13 b-1, the owner of the premises shall occupy the pre-existing single family dwelling unit or the accessory apartment and the detached accessory structure as the owners principal now, you know, not principal anymore but singular occupation, the other dwelling unit shall be leased for year round occupancy evidenced by a written lease for a term of one or more years to a family member, a resident who is currently on the Southold Town affordable registry. Then of course, the compliant, the rent charged to the resident (inaudible) shall not exceed the rent established by the Town Board. But they need to provide a lease, they need to identify the persons who is occupying the dwelling because it's going to be identified on the lease. That's the same (inaudible). MR. HANLON: - Is the lease going to be required to be provided before the permit is issued? That's not what,the permit application says. The permit application doesn't have any of that. SUPERVISOR RUSSELL: Are you talking about the accessory apartments in... MR. HANLON: Accessory buildings, not in the home. The home is a free,the home is a market rate apartment and anyone can live there. That's not the issue. The issue is the accessory apartment in the accessory buildings, the ones that are supposed to be reserved for family members and for affordable housing eligible people. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 17 SUPERVISOR RUSSELL: And they are required to provide the lease which would verify who the tenant is. COUNCILWOMAN DOHERTY: And they would still have to (inaudible) MR. HANLON: The lease is not part of the rental permit application. COUNCILWOMAN DOHERTY: No, it's a separate part of the code. SUPERVISOR RUSSELL: I don't know how much clearer I can make this. The other dwelling unit shall be leased for one year occupancy, evidenced by a written lease for a term of one or more years. A family member, a resident who is currently on the affordable housing registry. As you know, as an attorney, the tenant is identified on the lease. MR. HANLON: The lease is going to be required to be provided before they get approval. SUPERVISOR RUSSELL: Yes. That's a condition of the ZBA. MR. HANLON: Then I would urge you to change the rental permit application to include it as well. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? (No response) Since we are in the public hearing, there are a couple of comments in want to make. First, with regard to the accessory apartments in the accessory structure, all the criteria, all the restrictions, the same enforcement, verification requirements, all in place. That has not changed. The originally primary residence was a provision to protect the intent of the legislation. However, that was prior to a rental code. It was also prior to a property maintenance code which this Board adopted. This gives us a (inaudible). The idea this is harder to enforce than the primary resident versus the accessory structure is again, it's you know, why, we have to verify the occupancy of both or either. Also, the housing chapter as you said promotes apartments in the hamlet centers, however, it does not have the exclusion of others. In fact, the same chapter recognizes the need for a variety of housing types. Speculators, no evidence to back that up. It's unlikely that someone is going to spend $600,000 or $700,000 because they can have accessory apartment now. And as you said, Mr. Hanlon, that the local people aren't buying these houses, in many instances you are correct. That's the problem. At least if they want an accessory apartment even if they don't live here year round, if they built an accessory apartment it has to be to a principal, primary residence. Giving that family at least an option of possibly staying and not moving. The fact of the matter is, a family starting out, I hear this over and over again, we just need for a place to live. There are single parents raising children, there's young families just starting out, there's a need to create the housing. Current code, you had said just a week ago, I know Mr. Doroski says well the current code is not working because only 27 apartments have been approved since 2004, what you failed to mention was the reason only 27 apartments were approved by the ZBA was because we eliminated the need for the approval by the ZBA at the first part of the year 2010 which was the same year we created the accessory apartment/accessory structure code. But look, I am going to be candid, I am sorry. You oppose the amendment yet concede that the code needs revision. You put a great deal of effort in Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 18 pointing out everything that's wrong with what we are providing, it doesn't look like you put any effort into,coming up with a solution. Now, I get it's the campaign season and rock throwing is part of the campaign but when all you are doing is throwing rocks and not coming up with solutions yourself, all you are offering the community is rocks. This community does not need rocks, it needs housing and it needs housing now. MR. HANLON: I think I have tried to avoid specific criticism having to do with the election per se but since you have raised the issue about this, my biggest concern is and the reason I don't come forth with a proposal of my own about accessory apartments is because I realize that I don't have all the answers and I think as I said, in the piece that I just read a few minutes ago, the issue about taking on a major policy issue like a change in our we zone our houses in general and how we create a very needed addition to accessory apartments requires bringing in many players into the process. My, I wouldn't think to try and suggest that I know better than the dozens of people who should be involved in 'the process coming up with it. I think the notion that something gets drafted, is brought to the work session and then comes up for a hearing, never having been before to the ZBA, not yet getting a response from the Planning Board, not getting any input from the Housing Advisory Committee initially although obviously they asked or chose on their own to give it, not getting any input from the community organizations that have an interest in this. my concern is that this kind of deep policy that we have been struggling with for a long time, should be built from the ground up, not drafted within the rooms of Town Hall without bringing in more minds to it. I can think of different approaches and I have no idea whether my approaches are right and I wouldn't think of proposing those until I consulted with a wider range of people and my biggest complaint is that this Board is not consulting with enough people to come up with a proposal. I want more accessory apartments and maybe we should let accessory apartments exist in any homes in this town that wants them. Maybe we should do that but I think it needs a little more discussion, especially since your comp plan said that we should be focusing apartments in the hamlet centers, this doesn't do that in the slightest. And the answer may be it's too big a problem, even though that's a nice idea but we can't do that and maybe we'll get multiple apartment buildings in hamlet centers and maybe having apartments in homes is okay. I am not saying it's not okay but I want to have more discussion about it before we make these changes in the code and some of these changes are going to have unintended consequences, not across the whole town, every building is not going to flip to two family, that is not realistic but some neighborhoods are going to see speculators doing things we don't like and the code will allow it. I am not saying all these aspects of these changes are bad by any means, what I am saying is it wasn't developed in a way that gets you the best input to figure out the best way to do it. And I am leaving the election out of it because if I was going to the election, I had other things to say and I am not doing that. and I think if you think that I'm standing up here and focusing my attention here and on other things I have said and written on elections, you are ignoring what I have been doing for the past 14 years. I have been in this town and you know how many meeting's I come to and you know that I appeared before this Board year after year on issues that had nothing to do with an election. I have never run for public office before and my proposals to this town have never been driven by my aspiration or ambition about public office. my comments have been driven because I care about this town and I think it's unfair of you when you have seen the pattern that I have engaged in to suggest this is an election ploy. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 19 COUNCILMAN GHOSIO: I have never seen you this engaged, I mean, yes, you come to many meetings and you have been involved and I will agree with that but the difference between what you used to do and all of a sudden showing up every two weeks at the Town Board reading a prepared statement just makes it opportunism for the election. MR. HANLON: You know something, Bob? SUPERVISOR RUSSELL: That's you're right but with regard to public input, what do you think I've been doing over the past 14 years? I've met with the community development alliances, I have met with the Affordable Housing Committee, we proposed legislation and adopted legislation to promote apartments within the hamlet centers but you need to read the housing code in its entirety. It doesn't just talk about apartments in hamlet centers, it talks about a variety of housing stock. And again, the reason that I felt like we didn't move,forward, which was fundamentally one change which was to go from primary residence to exclusively (inaudible), exclusively for their residence. That's the one principal change and the reason I felt comfortable moving forward with it is because I have been dealing with this issue for years, I have been getting input for years, I have been dealing with all the different groups that have been struggling to try and create housing and more importantly, I've been dealing with all the people walking into my office looking for housing. Every single week, we have people that are struggling. They are not necessarily going to qualify for the affordable housing registry, they just don't have a place to live and we need to have. How much more input do I need after getting that input day after day, week after week, month after month, year after year? I sat in almost every single meeting of the housing chapter, so I am familiar with the challenges, I have worked with the groups to try and create affordable housing and other types of housing, so I am familiar with all of these. So, okay, point taken you wouldn't presume to know everything without getting input from others but your suggestion that we are rushing this is presumptuous because it assumes we haven't been getting the input from others and we have been getting the input all of the time. I have been wrestling with this all the time and we need the housing. We can sit here and say let's get the community together, let's develop solutions. We can still do that, the code can always be amended time and time again but at the same time, don't bury this under the idea of community discussion and groups, this group and that group, and delay it for months and months and months. That's the problem. The affordable housing crisis is now, not six months from now, not a year from now. Now. MR. HANLON: And to that point, the ZBA has been dealing with the issue for years and the Housing Advisory Commission has been dealing with this issue for years and when this meeting came up, scheduling the public hearing and I asked you why was it only being sent to the Planning Board, you said, well, if any of those other agencies want to come in and say something, they can. Those are agencies that were directly charged with dealing with affordable housing and you didn't see fit to refer it to them for a formal comment. As I said, affordable housing did weigh in on it, the Board didn't see fit to ask them their opinion. And to Bob's comment, I read probably 50 written comments at this Board. I don't just stand up here and wing it and when I was on the Board of the Orient Association and speaking for myself, I came in every time with a prepared written comment because I really try hard to think about what I am saying so to suggest that all of a sudden these written comments and written articles are something to do with, I have had half a dozen articles written in the Suffolk Times, never having Public Hearing-Amendment to Chapter 280,Accessory Apartments August°27, 2019 page 20 anything to do with,political stuff, all carefully thought out and written. So please don't suggest my behavior has changed.... COUNCILMAN GHOSIO: Your appearances sure have changed. MR. HANLON: My appearances have short changed? _SUPERVISOR RUSSELL: We are getting into, he has the right to come, he has the right to say whatever he wants, so you know what, I brought up the politics issue, I'll withdraw that. Let's get along without the politics issue. But at the same time:... BENJA SCHWARTZ: Thank you, Scott. As Nancy would say, aiyayay. But I am a little confused, my understanding and you haven't contradicted it yet is that under the rental permit law does not require a renter to submit a lease to the town. The person who is renting the property has to apply for a rental permit and get a rental permit but the person who is going to live there is going to be the renter, they are not known to the town. So it seems to me that the enforcement then, if somebody is not in the affordable housing registry or whatever would be through our wonderful complaint process and I object to that. I would rather, if the town is going to have a law and a requirement, I would rather it be administered by the town without imposing on the neighbors the requirement to be complaining, filing complaints about their neighbors. That'is true of many of our current laws in town and t don't think we need to add another law that is going to be designed to be enforced by public, members of the public complaining. SUPERVISOR RUSSELL: We are not creating.... MR. SCHWARTZ: Hopefully it won't be me. SUPERVISOR RUSSELL: We are not creating accessory apartment legislation, we are making changes to it. MR. SCHWARTZ: And one of the changes is eliminating the requirement for the identification of the renter. COUNCILWOMAN DOHERTY: It is still in there, identification of the affordable housing registry we have that in the section and that (inaudible) and that has to go through our, government liaison: The rental code, you do not need it... MR. SCHWARTZ: And the accessory apartment code you don't need it. SUPERVISOR RUSSELL: Yes, you do. You need to (inaudible) verify the primary residence of the tenant, if I am not mistaken. MR. SCHWARTZ: Is that in the law? Can you tell me where it is in the law? And you are not taking it out? SUPERVISOR'RUSSELL: It's 280-13-650. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 21 MR. SCHWARTZ: The lease is required,the lease would be required to be on file. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I hope so. SUPERVISOR RUSSELL: The rental unit needs to be held exclusively for a person that is a resident of Southold Town. MR. SCHWARTZ: I know but there's a lot of laws out there, if the town is not going to be the one verifying the compliance and enforcing them, then it is, the burden shifts to the community and the neighbors are required to complain about... COUNCILWOMAN DOHERTY: We are not taking that out of the code. SUPERVISOR RUSSELL: We are not touching that. That's been in the code since the accessory apartment law was created. We didn't add that or move that or anything else. MR. SCHWARTZ: That's not what I am hearing. SUPERVISOR RUSSELL: That's why we are trying to clarify. Who else would like to address the Town Board on this particular local law? MIKE CORTESE: Mike Cortese, I live in the hamlet of Mattituck. A density problem, so far as someone has 1/3 of an acre, has an apartment in the house and then has an accessory building, will that be, you know,that seems like the density is three families living in a very small space. SUPERVISOR RUSSELL: They wouldn't be able to have both. They can only have an accessory apartment in the home or an accessory structure, you are not allowed to have more than one accessory apartment on the property. MR. CORTESE: Oh, so it's the building or the apartment. Is that written in there? SUPERVISOR RUSSELL: Yes. MR. CORTESE: Okay, thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? MR. SCHWARTZ: Scott, if I may, just one point. I am looking here at this section here, the other dwelling unit shall be leased for year round occupancy, evidenced by a written lease for a term of one or more years to and then there is a colon and I can't find anything after the colon. COUNCILWOMAN DOHERTY: That's not in the, it's not changing that part of the law so we don't have the whole law printed in there. Public Hearing-Amendment to Chapter 280,Accessory Apartments August 27, 2019 page 22 SUPERVISOR RUSSELL: There are no revisions to that. MR. SCHWARTZ: That's what you put into the end of this section, so there's another, that's what you put in the agenda. MR. HANLON: I want to apologize, I overlooked the issue on the section you just referred to. And I apologize for that and it seems as if, at least in this provision, there is a requirement for a lease and I am assuming that what you are suggesting and I am hoping it is true;is that that lease has to be produced when the matter is referred to the ZBA and the ZBA keeps a record of that lease. That is not clear from the procedures and that's not clear in the rental permit law that is existing now and I did not see that and I apologize for that mistake. That doesn't change my view about the other implications about what this law has and let me say again, I am not opposed to increasing more apartments and this, the direction we are going may even be an okay direction and the one we need to go to but I believe it needs better input as indicated in my statement. SUPERVISOR RUSSELL: Fair enough. Who else would like to address the Town Board on this local law? (No response) This hearing was closed at 8:45 PM /1 n Elizabeth A.Neville Southold Town Clerk COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning October 1, 2019 RECEIVED Town of Southold OCT 1 1 2019 53095 Main Road P.O. Box 1179 Southold,NY 11971 Southold Town Clerk Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Adopted Resolution 2019-768 A Local Law in Relation to an Amendment to Sections 280-13 (c) and 280-17 (c) "Accessory Uses" of the Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations S.C.P.D. File No.: SD-19-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Freleng C ' anner Division of Planning&Environment APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 r Southold Town Board- Letter Board Meeting of October 8, 2019 RESOLUTION 2019-763 Item# 5.3 WITHDRAWN DOC ID: 15527 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-763 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8, 2019i WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments'in the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: §,280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L.No. 25- 1994; 11-29-1994 by L.L:No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L.No. 2-2010] (6) One accessory apartment in an existing one-family�dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: . (b) One of the dwelling u1 r� nits shall be occupied exclusively by tThe owner of the existing one the welling as the owner's N p al ice. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. Generated October 8, 2019 Page 12 a. Southold Town Board - Letter Board Meeting of October 8, 2019 (c) The existing one-family dwelling shall contain not less than 1200 44,N square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment Ta,,, ary 1, 2nnn or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- 1994 by L.L.No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L.No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory apartment shall contain no less than 350 45-0 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the owners prafle..'al renidPnee. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: > pennit, valid retAal pefmit issued upon appiteation to the Chief Building nr ,e [Added 2010 by L.LNo. 201% pefmit shall bear-the notarized signature of the &,A,ner- and eenlain the followin Generated October 8, 2019 Page 13 ti Southold Town Board - Letter Board Meeting of October 8, 2019 i-nferrnation: (a) Thenaine, dato f birt ,1 telephone number f the C-p'fp'jT[Ir-C[jj lTi'lr 11lJlll (b) The address of the subjeet propoi4y inel,uding street address and Suffolk County Tax Map ,, m en r ion, > limited liability eompany of address n telephone telepho � h �r�• e�PY1+1 name, lit i1U111ht1 VVl , prineipa4, officer-, sha eholdeY7 partner- artnnY mho of s eh business. (d) The iiame(s) and telephone numbef(s) of all tenants. (e) A eop), of the lease agreement between owner-and tenant.. 1 1 (2) The owner of an aeeessor-y ap—aft-ment within an existing one family dwelling shall, i addition to the f+' required in § 280 1 J1)(1)(,)+hY uFh (1),provide eer-tifieation that the existing dwelling or-aeeessory apefftment is oeeupied by the owne d that thepremises is in all V l ee f th N f the Code f the c �ll Southold,Town of the laws and sanitary and housing regulations of the County 0 Suffolk rl the 1aws f the State f N York. shall,(3) The ovmer of an aecesser-y apartment in an aeeessoi=y, struetufe lawfully existing ptffsuant to § 280 13B(13) in addition to the information requir-ed in § 280- L.L. s 2020171 (a) Th existing single family dwelling or-the a r apai4ment in the a st-ruetffeis .1 h theowner- s the owner's i�rineipal reside oeeup � member(b) The other-dwelling unit on the stibjeet pr-opefty is to be oeeupied by either-a family individualor- h is euffently on the Southold Town Aff-or-dable eligibleHousing Registry and placement. (e) Rents h rl to tenant ' t A - ' l 1 H g Registry shall t d / the ni�r" b�rlc� -T--- --R---d its pursuant„t to j 2430_30F . Cel (d) The dwellitfg unit is in eomplianee with all of the provisions of the Code of the C ff l l .1 the laws f the State f N York-, III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated October 8, 2019 Page 14 Southold Town Board - Letter Board Meeting of October 8, 2019 Southold Town Clerk RESULT: WITHDRAWN [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated October 8, 2019 Page 15 w Southold Town Board - Letter Board Meeting of September 24, 2019 RESOLUTION 2019-763 Item# 5.3 TABLED DOC ID: 15527 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-763 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24,2019: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July; 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board of the Town:of Southold held a public hearing on the aforesaid Local Law at which time all interested persons'were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation'to an Amendment to Chapter 280,•Zoninjz,"in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses'except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L.No. 26-1994; 5-13=1997 by L.L.No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L.No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance-of a rental permit in accordance with.§ 280-13D and the following,requirements: (b) One of the dwellinlz units shall be occupied exclusively by tThe owner ef-the t_ „ of the dwelling ' a ii� r ��. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years., Generated September 25, 2019 Page 10 A Southold Town Board ,- Letter Board Meeting of September 24, 2019 ` (c) The existing one-family dwelling shall contain not less than 12001-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment TTailuary 1 2 or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14)hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993"by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26=1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L.No.'3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L.No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L.No. 2-20101 (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building,,subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The f the Hemises shall eeeupy Ee-ither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises th ' The other dwelling unit shall,be leased for year-round occupancy evidenced by a written lease for a term of one,or more years to: penBission granted, no owner ofTfepe-Ay shall eause-,pefmit, or- allow the,eeeupaney-ef-use 1-5- 2010 b UL. No 7_20101 pei:fnit shall bear-the netar-izpd signatidr-e of the owner-and eoRtain the following Generated September 25, 2019 Page 11 Southold Town Board- Letter Board Meeting of September 24, 2019 (a) The name, date of birth and telephonp number of the ovaie'n (b) The address of the subjeet pr-opefty ifieluding-stivet address and Suffolk Tax Map number. (e) in the event the 0 per-ation, par-tne-�rship, limited liability company o v+ncrbcsrrcos entity, �o, , a d+ leph6 mbar of eae e", (d) The name(s) aiid telephene number(s) of all ienai4s. ( f tl, lease agreement n tenant. r <T1L b.LL V + tb.e r:arty (7) TheoNNner- P�rcan ery apai4menl withinfamily dwelling shall, addition to the information required in § 280 13D(1)(a) tb.ro. g ({) provide a that the premises is in eomplianeewith 11 of the ` +l- G ' f the Toy,m of Southold, the laws and sanitar-y and housing regulations of the County 0 C f- 11 .1 the laws f the State f N York pursuant to § 280 13B(13) shall, in addition to the infofmation required in § 280 131)(1)(a) tkough (f), provide a eertifieation giat. [Amended 12 5 2017 by L.L.Now 20171 /� t' rtla '' '1 dwelling +l- eessory r+ + the v�...,w.rb .,...b-.. _...-----J �..------o __ ____ _.. 7 struetureis .l Y by the oAmer- s the z � l rl member or an(b) The other dwelling unit on the-subjeet prepeAy is to be oeeupied by either-a family ,1' ',1 1 b,A- i —'antly the Southold Tov�,-,rzAftvrinb,la z zzzz uuv TT b? tr-y and eligible for pin e..t (e) TJ + b, .1 to tenant fT-em the Aft rl bin l4 T? + shall tONee 1 � b rcrrvia[tiorc rzv uJrazc, c, r the a t t b i' t, 1 by the Tomm Board IIxxTRlly pursuant to R 280 3OF of this (,1) The dwelling •tis in eemplianee with all of the provisions of+b, Code of the Town of Southold, the laws and sanitary anq housing regulations of the Gount�, of C ff 11 a the 1aws f the State f New Yor-1- III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated September 25, 2019 Page 12 � n Southold Town Board - Letter Board Meeting of September 24, 2019 Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 10/8/20.19 4:30 PM MOVER: James Dinizio Jr, Councilman SECONDER:'Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Generated September 25, 2019 Page 13 -7 RESOLUTION 2019-763 , TABLED DOC ID: 15527 THIS IS TO CERTIFY THAT-THE FOLLOWING RESOLUTION NO. 2019-763 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 10;2019: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019,`a Local Law entitled,"A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and, WHEREAS the'Town Board of the-Towri of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,now• therefor be it = RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, ZoninLyJ connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled;"A Local Law in relation to an Amendment to Chapter 280,Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED-by the Town Board of the Town of Southold�as follows:.•, § 280-13 Use regulations. [Amended 3-144989 by L.L.No. 3-1989] In A-C, R-80, R-120; R-200 and R-400 Districts,no building or premises shall be used and no building or part of a building"shall be erected or,alteredwhich is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No.`8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994by L.L. No. 26=1994;'5-13-1997`by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the,issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner efthe "-esidenee. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 4-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than Resolution 2019-763 Board Meeting of September 10, 2019 one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment 4, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more-than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided,,and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are.subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27- 199.4 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1'995; 11-12-1996 by L.L. No 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by'L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] '(13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject'to,the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 4-59 square feet and shall not exceed 750 square feet of livable floor area and shall;have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the evffie.'n The other,dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: >permit, or allow the eeeupaney or use, valid ret"pet!fnit issued upen applieation te the Chief Building inspeeter. [Added 6 1-5- inferma (a) The name, da4e of bifth and telephene number-of the evffien Tax Map ffumber-. (e) in the eveftt the evffier-is a i ether-business ei , natmej address and telephonenumber-of eaeh'VvPIZGf prxxe�pal, ofEer,-shareholder-,partner-or-member of sacrb� ics . Updated: 8/27/2019 4:05 PM by Lynda Rudder Page 2 6 Resolution 2019-763 Board Meeting of September 10, 2019 (d) The name(s) a-ad telephone number-(s) of all tenants. (e) A eepy of the leas between evmer-and tenant. C the pr-epe (2) The evffier-of an aeeessefy apaAment within an existing ene faffiily dwelling shall, in a d.ditie, to the in f ...4,.,+;.,., .- d i § 280 1 271/ 1/ 1 .,\through 1/f .t„ o e � r and that the 0 0 eemplianee v4th all of the pr-evisiens of the Code ef the Of S-11theld, the laws and sanitafy and housing r-egulations of the Getinty ef Suff-elk and the laws ef the State of New Yer-k. (3) The evffier ef an e ,ftt t, § ^fon 13B(13) shall, in addition to the inn nY,atio,, , ,lHir-e d in 1; 280 131)(1)(a)flifeugh (f), pr-&4de a eeftifleatien giat; [Amended 12 5 2017 by L.L. . 2020171 (a) The existing single family dwelling or-the aeeesser-y apai4ment in the aeeesser-y strueture is eeeupiedby theevffier- s the evffier-'s prineipal resideflee. Housing Registry and eligible for-plaeement. (e) Rents ehar-ged to a teiiant from the Aff-er-dable Housing Registry shall not exe Cede. (d) The dwelling unit is in eemplianee v��all of the provisions of the Cede vi the Stiff-elk eind the laws ef the State ef New Yefl.&. III. SEVERABILITY ,If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED-[UNANIMOUS] Next: 9/24/2019 7:00 PM MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 8/27/2019 4:05 PM by Lynda Rudder Page 3 4 ELIZABETH A.NEVILLE ogUFFflt tc Town Hall, 53095 Main Road TOWN CLERK o�o� o��� PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�o! �a°' Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER www southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA C( SOUTHOLD TOWN BOARD September 24,2019 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over"Government" on the Town website home page. You will find the title "Town Supervisor/Town Board". Under this title you will see "Southold Town Board Meetings and Agendas". or (2) Go to "How Do I", in the right upper corner of the Town website home page, Choose "Access", Men"So-tiiolu Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my-office 631-765-1800. CALL TO ORDER 7:00 PM Meeting called to order on September 24, 2019 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee.Nam—e Present 'Absent Late Afrrived-, El " Councilman James Dinizio Jr � _ ❑ ❑^� Southold Town Meeting Agenda- September 24, 2019 Page 2 Councilman William P. R_ula_nds ❑ ___ ❑ __❑_ �___ — _Councilwoman Jill Doherty_ _ ❑ ❑____ ❑ Councilman Robert Ghosio ❑ ❑ ❑ Justice Louisa P. Evans _ ❑ ❑ ❑ Supervisor Scott A. Russell ; ❑ ❑ ❑ I. REPORTS 1. Trustees Monthly Report August 2019 2. Planning Department Monthly Report August 2019 3. Justice Court Reports August 2019 II. PUBLIC NOTICES 1. NYS Corps of Engineers Gardiners Bay III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM-Denis Noncarrow Septic Replacement Forum 11/14 2.. 9:15 AM - John Stein, CAC Climate Smart Communities Certification Program 3. ^. Reee_:7ed fr()m Southold Fire Dept Letter of Aj��lr1'ciativa Police Officer Peter Onufrak 4. Councilwoman Doherty Ray Dean Parking Lot 5. RFP Proposal for Recreational Facility 6. Supervisor Russell 2020 Budget Update 7. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 11:00 AM - Melissa Spiro, Land Preservation i Southold Town Meeting Agenda - September 24, 2019 Page 3 8. EXECUTIVE SESSION -Labor-Matters Involving the Employment/Employment History of a Particular Person(S) 11:15 AM - Chief Martin Flatley, Police Department 11:45 AM -Michael Collins, Jamie Richter and Kristie Hansen-Hightower Councilwoman Doherty re: Engineering Dept. Councilman Ruland re: LDC and Transportation Commission 9. EXECUTIVE SESSION - Labor-Matters Involving the Employment Contract of a Particular Corporation 12:15 PM - Jim Bunchuck, Landfill V. RESOLUTIONS 2019-803 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 24, 2019. , r ." c..4-.. sT`G-°' &.'f T.' "5.'''tk r�atni:N :.' ;..+,.S.i"r✓�VoteRceord..Resolutioq:RES=2019c803�;t �¢:' `~,:�;?-'� =�< •,_ ;�x:�"<'y:�::,..%a� . s;h, y;,-•�� :.:,A.,"i :<;;:-,:::�:-=:r,.:,,., r, x.y. ❑ Adopted ❑ Adopted as Amended ---- —,-- yes/Aye�-No/Nay Abstain Absent ❑ Defeated -� — -- ❑ Tabled James Dmizio Jr ❑ ❑ ❑ ❑ — —s---- ❑ Withdrawn William P Ruland i ❑ ❑ Supervisor's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio ❑ ❑ Rescinded ❑ ❑ ❑ ElTown Clerk's Appt Louisa P Evans �� ❑ -?-- ❑ ❑ --❑ ❑ Supt Hgvrys Appt Scott A Russeii ❑ ❑ ❑ ❑ ❑ No Action ---- ------- -- — ❑ Lost 2019-804 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 8, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. Southold Town Meeting Agenda - September 24, 2019 Page 4 -/'yofe,keqrd"=Resolution RES72(�19-804 • Adopted • Adopted as Amended Yes/Aye No/NayAbstain Absent • Defeated 0 Tabled James Dinizio Jr El • Withdrawn William P Ruland El ❑ Supervisor's Appt Jill Doherty • Tax Receiver's Appt Robert Ghosio 0 Rescinded • Town Clerk's Appt Louisa P Evans ❑ El • Supt Hgwys Appt Scott A Russell ❑ 0 No Action 0 Lost 2019-763 Tabled 812712019 7:00 PM, 911 012 01 9 4:30 PM CATEGORY. Enact Local Law DEPARTMENT.- Town Clerk Enact LL Chapter 280, Accessory Apartments WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoninjj, in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDLhat the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, 'A Local Law in relation to an Amendment to Chapter 280, Zoning,_m connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed Southold Town Meeting Agenda - September 24, 2019 Page 5 to be used, in whole or in'part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No: 8-1989; 11'=29=1994 by L.L.No. 25- 1994; '11-29-1994 by L.L. No. 26=1994; 5-13-1997 by L.L.No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L.No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwellin I units,shall be occupied,exclusively by tT-he owner of the O)Eistifig dwelling ng ....itr r al residenee. The other'dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years., (c) The existing one-family dwelling shall contain not less than 1200 4-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit,an accessory apartment shall be in existence and be eligible for or have a valid'certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment January 1, 2004, or proof of legal occupancy prior to that'date. (g) No accessory apartment shall be occupied by more than the number of persons permitted to.occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals; as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14)hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No. 3-1989; 5-20-1993 by L.L.iso. 6-1993; i2-21-1993 by L.L. No. 3`1989; 11-29-19'94 by L.L.No. 26-1.994; 12=27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L.No. 3-1995; H-12-1996 by L.L.No. 20-1996; 11-12-1997 by L.L.No. 26-1997; 12-8-1998 by L.L.No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L.No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory,apartment shall contain no less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental.permit in accordance with § 280-13D and the following requirements: [1] The owner of thepremises shall o"un. Eeither the existing single-family Southold Town Meeting Agenda- September 24, 2019 1 Page 6 dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the ' nce. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: D. Rental pent for cause, permit, or allow the oee p,�� of an aecesser-y apaftment created pur-suant to § 2-80 13A(6) or �; 28 1 U 13B(13) witheut valid refftal pei:fnit issued upon appheation o the Chief Building ins_,eeton jAdded 6 15 2nz010 by L.L.No. permit shall bear-the notarized signature of the owner and eentain the follevAng (a) rhe name, date of birth and teiephone number of the awfle'r- (b) The address of the subjeet property including st-Feet Address Aind Suffelk-Geunty Tax Map ntimber, other-business mtA-)-,4he name, address and telephone number of eaeh owner, prineipa1 ff'eer, shareholder-,p member f stich business. (d) Fhe name(s) and teiephene number(s) of all tenants. (e) k eopy of the leas 2, agreement between ownef and tenatA:. theproperty.- (2) eer-fification that the existing d7welling or-, and that the TfefiHses_+�mpliajiee with all of the provisions of the Cede e T-AiIAM of Southeld, the laws and sanitary and housi ig regulations of the County-Of S rr ll d the laws of the State of New York (3) Phe oviner- of an aeeesse &ry—Afueture lawfully ex f4ation r-equir-ed in 80 - -' Qn 1 Z /1 2 , ��, �.. . - - - - piar- . 2020171 (a) Phe exisfing single family dwelling or the aeeessefy-apar-tment in the aeeegsery t + - .l b t �s the me ' N r t .l r � member- or-an individual who is e entIPT n Housing a � ' f In nt (e) kents ehar-g A to a tenant ffoin the Affordable Housing Registry shall net ex t1 + established by the Town Boaf d amually t § 280 30F of t Cocom (d) Phe dwelling unit is it, eofflPli nee with all of the pr-ovisiens of the Code ef the T_a-vi-n- of Southold,the laws and sanitar-y and housing regulations of the G)unty o S - 11 .l the 1 of the State f New V 1 Southold Town Meeting Agenda- September 24, 2019 Page 7 III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided b law. ✓. V,ott Record-Resolution RES=2019-763, ❑ Adopted ❑ Adopted as Amended T yes/Aye No/Nay Abstain Absent ❑ Defeated 11 Tabled James Dimzio Jr ° ❑ ° ❑ Withdrawn William P Ruland ❑ ❑ # ° ° ❑ Supervisor's Appt Jill Doherty ° ° ❑ Tax Receiver's Appt - • -- --- - r - --1- - - - -•- 0 -- ❑ Rescinded Robert Ghosio -- - ; ❑ Town Clerk's Appt Louisa P Evans ° ° 11 Supt Hgwys Appt Scott A Russell _ -r--r— ° ----------- —I—o—- ❑ ❑ No Action -- ---- ❑ Lost 2019-805 CATEGORY: Attend Seminar DEPARTMENT: Government Liaison Lynn Nyilas Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to attend a conference as a presenter for the Association of NY State Youth Bureaus Youth Development Training Conference In Albany,NY on October 7 and 8th,2019. All expenses for registration and travel to be a legal charge to the 2019 budget(A.7310.4.600.500 Meetings and Seminars). ✓'VoteAecord-Rtsofution RES-20'19-805' - ❑ Adopted - - -- ---- - - ---- - -I- ------ --- —--r- — -- --- -- ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent - - -- ❑ Defeated James Dmizio Jr ❑ ❑ i ❑ ° ❑ Tabled William P Ruland - - j ❑- ° I ° ° ❑ Withdrawn ------ --- ❑ Supervisor's Appt Jill Doherty _ -- �_ ❑ ° ° _° _ ❑ Tax Receivers Appt Robert Ghosio ° ° ° ° ❑ Rescinded - -------•- - ❑ --0---1---O---•---0------ I ❑ Town Clerk's Appt Louisa P Evans ❑ Supt Hgwys Appt Scott A Russell ❑ No Action 0 Lost Southold Town Meeting Agenda- September 24, 2019 Page 8 2019-806 CATEGORY: Attend Seminar DEPARTMENT: Government Liaison Lynn Nyilas Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to attend a conference as a Long Island host for the Association of NY State Youth Courts,Youth Court Director Symposium In Stony Brook,NY on Nov 7th and 8th, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget(A.7310.4.600.500 Meetings and Seminars). ✓Vote.Record;-,Resol`u�ion RES-2019$06. ❑ Adopted ❑ Adopted as Amended — — Yes/Aye No/Nay Abstain Absent ❑ Defeated — ---- - i- — - ---- El Tabled James Dmizio Jr I ❑ ❑ ° ❑ Withdrawn William P Ruland ❑ ❑ ° ° ❑ Supervisor's Appt Jill Doherty ° ° ° ° ❑ Tax Receiver's Appt -- ---------- —-- — —---- —a-- — --- ----- Robert Ghosio ❑ ° ° ° ❑ Rescinded _ -- ❑ Town Clerk's Appt Louisa P Evans ❑ ° ° ❑ Supt Hgwys Appt —r Scott A Russell ❑ ° ° ° ❑ No Action --- — --------- --11 Lost Lost 2vi94707 CATEGORY: Budget Modification DEPARTMENT.• Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary frunds to alleviate over expended budget line for Live Scan Maintenance for the preriod 1/1/19-12/31/19 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.3120.2.500.775 Police Equip/Other Equip In Car Video/Computer/RAD $3,255 Total $3,255 Southold Town Meeting Agenda- September 24, 2019 Page 9 To: A.3120.2.500.425 Police Equipment/Other Equip Livescan Unit $3,255 Total $3,255 VoteROOO,Resolbrion RES=2019 807r n l' ❑ Adopted ❑ Adopted as Amended - Yes/Aye No/Nay Abstain Absent ❑ Defeated ° - ❑ ❑ Tabled James Dmizio Jr - --- ❑ Withdrawn - William P Ruland ,�� ❑ ° — ° ° ❑ Supervisor's ApptJill Doherty T ( _ ❑ Tax Receiver's Appt --- ---- ------ - -- - — — --- - - ❑ Rescmded Robert Ghosio ❑ ° ° ° ❑ Town Clerk's Appt Louisa P Evans ° ° ❑ Supt Hgwys ApptScott A Russell ❑ ° ° ° ❑ No Action -- -- --- - — - -- - --- -- ❑ Lost 2019-808 CATEGORY. Refund DEPARTMENT. Town Attorney Refund CPF-Flatley RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10) to Rachel and Ryan Flatley-from the Town of Southold in the amount of $6,661.40 in connection with the payment of the Community Preservation Fund tax on property iri Scutheld (S( TM#1000-74-3-6)purchased by Rachel and Ryan Flatley on August 12, 2019, as the transaction is exempt from the CPF tax. ✓Yote-Reeohi-�ResoldtioirRES:2019-808- EEODefeated Adopted Adopted as Amended - -- Yes/Aye No/Nay 1 Abstain T Absent Tabled James Dmizio Jr 1 ❑ ° ° ° ❑ Withdrawn William P Ruland ❑ ° ° ° ❑ Supervisor's Appt Jill Doherty ° ° ° ❑ ❑ Tax Receiver's Appt __ __- _ _ - ❑ Rescmded Robert Ghosio � ° - ° - - ° — —❑— ❑ Town Clerk's Appt Louisa P Evans ° - —° - ° — —° _ ❑ Supt Hgwys Appt ——-- - ❑ ❑ El El A Russell ❑ No Action -------—------_-- - -- -- ----- —--- - - ❑ Lost Southold Town Meeting Agenda- September 24, 2019 Page 10 2019-809 CATEGORY: Employment-Town DEPARTMENT. Accounting Attend NYS Retirement System Employer Education Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christine Foster, Personnel Assistant, and Diana Whitecavage, Senior Account Clerk-Typist, to attend the New York State Retirement System Employer Education Seminar in South Farmingdale,NY on October 17, 2019. All expenses for registration and travel to be a legal charge to the budget (meetin s and seminars). ✓.�!ote Record-+ResolutiontRE5=2019=809a ❑ Adopted ❑ Adopted as Amended - ----T --— Yes/Aye No/Nay Abstain Absent ❑ Defeated —' -- -- — -- —--- ❑ Tabled James Dimzio Jr 0 TT- --I_ ❑ ❑ ❑ Withdrawn William P Ruland j ❑ ❑ ❑ ❑ ❑ Supervisor's Appt --------------------- -_--- --------- --•------------------------i--,----- Jill Doherty ❑ ( ❑ ❑ ❑ Tax Receiver's Appt - - ----- ---- - -— - - --I -- ❑ Rescinded Robert Ghosio ( ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell I ❑ —❑ ❑ ❑ No Action — -- — -- ----- — ❑ Lost 2 V 19-01 v CATEGdRY. Budget Modification DEPARTMENT. Assessors 2019 Budget Modification-Assessors Financial Impact: For purchase of equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund, Whole Town budget as follows: To: A1355.2.200.250 Board of Assessors Equipment Filing/Storage Equipment $1,800.00 Total $1,800.00 Southold Town Meeting Agenda- September 24, 2019 Page 11 From: A1355.1.300.1001 Board of Assessors Assessors, P.S. Seasonal Employees $1,800.00 Total $1,800.00 ✓�Yote Record•-Resolution.RES=2019=810- ,-, •z• '_'.;<: - - - ❑ Adopted ❑ Adopted as Amended - - - Yes/Aye No/Nay I Abstain Absent ❑ Defeated —--- —r— -- ❑ Tabled James Dmizio Jr ❑ ❑ 11 ❑ ❑ ❑ Withdrawn William P Ruland —❑ ❑ ❑ ❑ ❑ Supervisor's ApptJill Doherty ❑ ❑ ( El El ❑ Tax Receiver's Appt ----------- - -'---- --- - - -- - ❑ Rescinded Robert Ghosio ❑ — ❑ _� ❑ - ❑— ❑ Town Clerk's Appt Louisa P Evans— —r ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ ❑ ❑ ❑ No Action ---- ---- — -- -- — - --— ❑ Lost 2019-811 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee#4015 effective September 9 2019 pursuant to the Family Medical Leave Act. ✓Vote Reebrd•-,Resolution RES-2019-$1'1 ❑ Adopted - - --- - --- - --- --------- ❑ Adopted as Amended - i Yes/Aye No/Nay Abstain Absent ❑ Defeated .- -_ _ -, ---- - _ _-_. _-_ ❑ Tabled James Dmizio Jr ❑' - ❑— ❑ ❑ ❑ Withdrawn William P Ruland ❑ ❑ ❑ ❑ ❑ Superv. or's Appt Jill Doherty --— - ' - ❑-- �- ❑--' --❑ -❑ ❑ Tax Receiver's Appt -_----- --- —� ---- — -- Robert Ghosio — ❑ Rescinded oer — El El ❑- -— ❑- ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ ❑ ❑ ❑ No Action ------------— -_-— -- ----------- —- ❑ Lost Southold Town Meeting Agenda- September 24, 2019 Page 12 2019-812 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification-Capital(Dean's Parking Lot) Financial Impact: Transfer additional funds for Dean's Parking Lot Change Order WHEREAS the Town Board of the Town of Southold authorized a 2019 Capital project to reconstruct Dean's Parking Lot, and WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment of the 2019 General Fund Whole Town and Capital Budgets as follows: From: A.1990.4.1'60.100 Unallocated Contingencies $2,700 Total $2,700 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $2,700 Total $2,700 Increase Revenues: H.5031.42 Interfund Transfers, Parking Lot Improvements $2,700 Total $2,700 Increase Appropriations: H.5650.2.100.200 Parking Lots Capital Outlay, Dean's Parking Lot $2,700 Total $2,700 ✓Yote'Record Reso6ptiori RES=2019=812 ❑ Adopted ❑ Adopted as Amended -- Yes/Aye No/Nay Abstain Absent ❑ Defeated - --------r-- - -- - ---- ❑ Tabled James Dmizio Jr ? ❑ ❑ El _ ❑ ❑ Withdrawn William P Ruland ❑ Supervisor's Appt El-----------------------^------- ---------------- Jill Doherty ❑ ❑ ❑ ❑ Tax Receiver's Appt - ❑ Rescinded RobertGhosio _ ❑ ❑ — ❑ — ❑_ ❑ Town Clerk's Appt Louisa P EvansEl ❑ El ❑ i ❑ Supt Hgwys ApptScott A Russell ❑ ❑ ( El ❑ ❑ No Action — ❑ Lost Southold Town Meeting Agenda- September 24, 2019 Page 13 2019-813 CATEGORY.• Budget Modification DEPARTMENT: Trustees 2019 Budget Modification- Trustees Financial Impact: To cover Red Knot bird monitoring fees for the dredging season,pursuant to the requirements of the U.S. Fish and Wildlife Service Special Conditions. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.8090.4.100.650 Contractual Expense, Shellfish Advisory $3,000.00 Total $3,000.00 To: A.8090.4.500.300 Contractual Expense, Consultants $3,000.00 Total $3,000.00 o`te.Recor Yd--Resolution-RES Southold Town Meeting Agenda- September 24, 2019 Page 14 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 Tires (Payloader/Truck) $1,200 SR 8160.4.100.596 Maint/Supplies CBI Grinder 670 SR 8160.4.400.200 Building Maintenance 1,250 SR 8160.4.400.655 Repairs CAT 966 Loader 500 SR 8160.4.400.811 Stump Removal 500 SR 8160.4.500.100 DEC Env. Monitor 880 Total $5,000 To: SR 8160.4.100.597 Maint/Supply Morbark Grinder $5,000 Total $5,000 :✓. Vote.Recorda-Besolution RES=2019-8,14; '' `�` ❑ Adopted ❑ Adopted as Amended i Yes/Aye No/Nay Abstain Absent ❑ Defeated -__ ❑ Tabled James Dmizio Jr ❑ ° 1 ❑ ❑ Withdrawn William P Ruland El ❑ Supervisor's ApptJiII Doherty ° ° ° ❑ Tax Receiver's Appt _—_--- -- —— ❑ Rescinded Robert Ghosio - ° - _ ° ❑ Town Clerk's Appt Louisa P Evans ❑ ° ' ° ° ❑ Supt Hgwys Appt Scott A Russell ---- --` ----�-�-- - -- ° -�-- — ❑ No Action' - -- - - - -- - ---- ❑ Lost 2019-815 CATEGORY.• Refund DEPARTMENT.• Town Clerk Refund of Yard Sale Permit Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Barbara Scura, PO Box 547, Southold,NY 11971 in the amount of$15.00 fora yard sale permit. VoteRecord Resolution RES=2019-815 ❑ Adopted --- - Yes/Aye TNo/Nay Abstain Absent ❑ Adopted as Amended -- ------`—-- -- -" ----- James Dmiz�o Jr 0- El ❑ Defeated --- ---- - ---- --[I Tabled Tabled William P Ruland ❑ ° I ❑ ° ❑ WithdrawnJtl]Doherty ❑ ° ° ° 0 Supervisor's Appt — --- Southold Town Meeting Agenda- September 24, 2019 Page 15 ❑ Tax Receiver's Appt Robert Ghosio ❑ ❑ ( ❑ ❑ ❑ Rescinded i El 0 - (] -- ,— 0 Louisa P Evans ❑ Town Clerk's Appt -- - ---- — - - -- ❑ Supt Hgwys Appt Scott A Russell _ ❑ _ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-816 CATEGORY.° Contracts,Lease&Agreements DEPARTMENT: Engineering Change Order 91 W/South Fork Asphalt-Dean's Parking Lot Financial Impact.- Funded mpact:Funded by Resolution 2019-799 and Resolution 15574 RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the contract for the Dean's Parking-Lot Improvements with South Fork Asphalt in the net amount of$28,700.00,pursuant to their proposals dated September 6, 2019, and September 13, 2019, subject to the a roval of the Town Attorney. 'Vbteliec"ord=liesoliition.l2LS=201 =816:n�;;,'�-,..•'-.a'." .= - ❑ Adopted ❑ Adopted as Amended -- -- --- --, - � - -- ------•- ---____---------------,---__---- Yes/Aye . No/Nay Abstain Absent ❑ Defeated — — ❑ Tabled James Dmizio Jr ❑ ❑ ❑ _ ❑ ❑ Withdrawn William P Ruland ❑ ❑ Ti ❑ ❑ ❑ Supervisor's ApptJill Doherty i ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt --- - --— ----�-- --- {--_ — Robert Ghosio i ❑ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans ! ❑ ❑ El ❑ ❑ Supt Hgwys Appt Scott A Russell ❑ u ' 0 ❑ No Action - ---- -- ---- --— -- — ❑ Lost 2019-817 CATEGORY.- Contracts, Lease&Agreements DEPARTMENT: Recreation Hire Fall 2019 Recreation Program Instructor Financial Impact. Contract for Fall Instructor Southold Town Meeting Agenda- September 24, 2019 Page 16 Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individual for the Fall 2019 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructor listed below has been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420. Jovan Lehrfeld-Booker (Youth Basketball) 30/hour ✓Yote Record-.ResolutioriRES-2019-817 ❑ Adopted ❑ Adopted as Amended - -- --" Yes/Ay y Yes/Aye No/Na ( Abstain Absent ❑ Defeated ,------,---------- ❑ Tabled James Dmizio Jr ❑ ❑ ❑ ❑ ❑ Withdrawn William P Ruland ❑ ❑ ❑ ❑ _ ❑ Supervisor's ApptJill Doherty —y� ❑ El El ❑ ❑ Tax Receiver's Appt --_-_—_— - — Robert Ghosio ❑ ❑ ❑ _ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ ❑ El — ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ ❑ ❑ ❑ No Action - ❑ Lost 2019-818 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney Optimum Agreement Phone Lanes Financial Impact: Upgrade phone lines at Highway RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and CS(- Holdings SCHoldings LLC d/b/a Optimum for the conversion of existing POTS phone lines to SIP lines at the Southold Town Highway Department for an installation cost of One Hundred Eighty Two Dollars and Ninety Five Cents ($182.95) and one year of monthly service for the same at a rate of One Hundred Forty Nine Dollars and Seventy Five Cents ($149.75)per month, for a total amount of One Thousand Nine Hundred Seventy Nine Dollars and Ninety Five Cents ($1,979.95), funded from budget line A.1680.4.200.100, subject to the approval of the Town Attorne ✓:Vote`Record,Resalytion,RES=2019418, , Yes/Aye No/Nay Abstain Absent ❑ Adopted ---,—--"---- --- --- ❑ Adopted as Amended James Dmizio Jr j El El El ❑ ❑ Defeated William P Ruland — ❑ ❑ ❑ ❑ ❑ TabledEl---- - ---- ----— --------- ------------------- Jill Doherty ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio ❑ ❑ 0 0 Southold Town Meeting Agenda- September 24, 2019 Page 17 ❑ Tax Receiver's Appt Louisa P Evans ❑ ❑ ❑ ❑ ❑ Rescinded --- Scott A Russell ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt — ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-819 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Town Attorney SUFSD Agreement-Anti Bias Financial Impact: Use of room RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Southold Union Free School District allowing the Southold Anti-Bias Task Force to use the Southold High School Library on October 3, 2019 at no cost to the Town, subject to the approval of the Town Attorney. ✓'Vo te.Record,=Ffesolut`ioii TIES=2U19=81,9 ❑ Adopted ❑ Adopted as Amended -- - ------ --"---;-�---- -- - Yes/Aye Noy/NaAbstain Absent ❑ Defeated James Dmizio Jr ❑ El ❑ El Tabled - ❑ Withdrawn William P Ruland v ❑ o ❑ ❑ ❑ Supervisor's Appt —"-- ----�_-- 0-- ❑ El ❑ Jill Doherty ❑ Tax Receiver's Appt _----------- - 0 ❑ - `-❑ 11 Rescinded Robert Ghosio — ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ -� ❑ El ❑ Supt Hgwys Appt -- —-- --- --- - - ---0--- - ❑ ❑ ❑ p Scott A Russell ❑ No Action = - ---- - -- ❑ Lost 2019-820 CATEGORY.• Budget Modification DEPARTMENT.- Solid Waste Management District 2019 Budget Modificiation: SWMD Financial Impact: Provide funds for new recycling costs through end of 2019. Southold Town Meeting Agenda - September 24, 2019 Page 18 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.1.100.400 Full Time Employee/Sick Earnings $13,000 Total $13,000 To: SR 8160.4.400.824 Clean Paper Recycle Fees* $12,000 SR 8160.4.400.838 Co-Mingle Recycle Fees 1,000 Total $13,000 *New Appropriation Line ✓"Vote Record"=Resolution RES-2019-820,,,'- *' ❑ Adopted ❑ Adopted as Amended --- ---- — No/Na Yes/Aye Abstain Absent Y I ❑ Defeated ------ —, — — -- El ❑ Tabled James Dmizio Jr _0__- _ 0 I_ - __-- ❑ Withdrawn William P Ruland ❑ El ❑ ❑ ❑ Supervisor's Appt Jill Doherty ❑ ❑ i ❑ ❑ ❑ Tax Receiver's Appt _—---- - --i--------- ❑ Rescinded Robert Ghosio — — ❑ _ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ El El ❑ Supt Hgwys Appt Scott A Russell ❑ No Action ❑ Lost 2019-821 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney FIFD Backhoe Agreement Financial Impact: FIFD backhoe RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Fishers Island Ferry District permitting the Town Highway Department to utilize the Ferry District's backhoe during Highway Department operations on Fishers Island for the period of September 1, 2019 to September 30, 2020, subject to approval by the Town Attorney. Southold Town Meeting Agenda- September 24, 2019 Page 19 ✓.,yotc:Recbrd7r4esolutfonWRES-2039-821 ❑ Adopted ❑ Adopted as Amended i�—yes/Aye No/Nay Abstain Absent ❑ Defeated -- — ❑ Tabled James Dmizio Jr ❑ ❑ ❑ ❑ ❑ Withdrawn William P Ruland ❑ ❑ ❑ Supervisor's Appt Jill Doherty — ---- ---�-- '—` — -- — - ❑ Tax Receiver's Appt ( — ❑ Rescinded Robert Ghosio ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ i ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell —— ❑ i ❑ i ❑ ❑ ❑ No Action -------— L ❑ Lost 2019-822 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney Town of Babylon Agreement Financial Impact. Solid Waste Agreement RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to exercise a two year extension of the intermunicipal agreement between the Town of Southold and the Town of Babylon dated July 1, 2015 and set to expire on December 31, 2019, regarding transportation and disposal of the Town of Southold's municipal solid waste, subject to approval from the Town Attorney. 7✓;Vote Record'•R olWioti RES-2419--8 ❑ Adopted _ ❑ Adopted as Amended ---- ------- y Abstain Absent :1 Yes/Aye No/Nay i ❑ Defeated — James Din Jr ❑ ❑ ❑ ❑ ❑ Tabled _ _ _ _ ___ El Withdrawn William P Ruland ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty i 11 ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ ❑ Rescinded Robert Ghosio i El ❑ — --� _ ❑ Town Clerk's Appt Louisa P Evans — —� ❑ ❑ ❑ ❑ _ ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ ❑ ❑ ❑ No Action ---— -- — — — --- —-- -- ❑ Lost Southold Town Meeting Agenda - September 24, 2019 Page 20 2019-823 CATEGORY: Contracts, Lease &Agreements DEPARTMENT.• Town Attorney Belfor Long Island, LLC Financial Impact: Animal Shelter repairs RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the execution of a contract with Belfor Long Island, LLC, for the repairs to the Southold Animal Shelter building pursuant to GML§103 4). -✓Vote Record-Rdsolutioa RES=2019=823 " ❑ Adopted ❑ Adopted as Amended — —��--------- �— Yes/Aye No/Nay ; Abstain Absent ❑ Defeated = - - ------- -- - - j ------- -- -- - ❑ Tabled James Dmizio Jr El -- ❑ Withdrawn William P Ruland — j ❑ E3 El ❑ ❑ Supervisor's Appt ----------•----------.._._"_..__----- _ - - - -- - - Jill Doherty ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ------ -- - Robert Ghosio ��-- ❑ ❑ � ❑ � ❑ ❑ Rescinded ❑ Town Clerk's ApptEl Louisa P Evans I ❑ Supt Hgwys Appt Scott A Russel] ❑ ❑ I ❑ ❑ ❑ No Action �— ----- - -------� --- -- ---- ❑ Lost 2019-824 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 9/16/19 Meeting Resolution Ratfacations RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated September 16, 2019, as follows: FIFD resolution# Regarding 2019 138 Budget Modification ✓Vote Rdco"rd--Re"sohition RES-2019=824,' .._ ❑ Adopted ---------------- -------------r -- -- - Yes/Aye No/Nay ( Abstain Absent ❑ Adopted as Amended James Dmizio Jr ❑ El El ❑ ❑ Defeated ❑ Tabled William P Ruland Y ❑ ❑ ❑ ❑ ❑ Withdrawn Jill Doherty ----�--�—I—-❑--- ---❑-- ---i- ❑ ❑ ❑ Supervisor'sAPpt --- --- ---- - ----- - —' — --------- Southold Town Meeting Agenda - September 24, 2019 Page 21 ❑ Tax Receiver's Appt Robert Ghosso ❑ ❑ I ❑ ❑ ❑ Rescinded Louisa P Evans ❑ ❑ ! ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A Russell ❑ — ❑ 11_ — _—❑ ❑ No Action ❑ Lost 2019-825 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification -Engineer , Financial Impact Transfer funds for expansion of Love Lane Traffic study RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $43,000.00 Total $43,000.00 A.1440.4.500.100 Engineer, Engineering Surveys $43,000.00 Total $43,000.00 ✓.VoteRecnrd'-;Resolution RES-2019-825'... ❑ Adopted ❑ Adopted as Amended -- --TT-- j Yes/Aye No/Nay ! Abstain Absent ❑ Defeated r i ❑ ❑ O Tabled James D:mzso Jr ❑ ❑ ! -- -- ❑ Withdrawn William P Ruland ❑ Supervisor's Appt Jill Doherty-- -- ' -- —- _ ❑ ---❑— i -❑-- ❑ ❑ Tax Receiver's Appt �----- -- — ------- ---, -- ----------- --- ------- ❑ Rescinded Robert Ghosso El ElEl( ❑ ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ El ❑ ❑ SUtHsA t -- Supt gWy pp ❑ Scott A Russell ❑ ❑ ! ❑ ❑ No Action _---- — -- --- — ❑ Lost 2019-826 CATEGORY. Contracts,Lease &Agreements DEPARTMENT. Engineering Southold Town Meeting Agenda- September 24, 2019 Page 22 Change Order#1 WIAKRF-Love Lane Traffic Study Financial Impact: Budget modification required to fund change order. RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the contract for the Love Lane Traffic Study with AKRF in the net amount of$43,000.00, pursuant to their proposal dated 9, 2019, subject to the approval of the Town Attorney. Funds are available in A.1440.4.500.100, Engineer, Engineering Surveys. ✓Vote Record-'R'esolution.RES=201.4=826 ❑ Adopted ❑ Adopted as Amended - "'- Yes/Aye No/Nay Abstain Absent ❑ Defeated —�— o ----—o--o---O---—❑ ❑ Tabled James Dmizio Jr --— ❑ Withdrawn William P Ruland I ❑ ❑ ( ❑ ❑ ❑ Supervisor's Appt — Jill Doherty ❑ ❑ � ❑ rt ❑ ❑ Tax Receiver's APpt ---------- —-,= - -- --- -- -- --- - - ------:— --- ❑ Rescinded Robert Ghosio ❑ ❑ ❑ El -----------------— ❑ Town Clerk's Appt Louisa P Evans L ❑ ❑ i ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ ❑ ❑ ❑ No Action -- --- —--—--- --- --- ----—— ❑ Lost 2019-827 CATEGORY. Budget Modification DEPARTMENT: Highway Department 2019 Budget Modification -Highway Financial Impact: Transfer of Money RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5142.1.100.100 Snow Removal Regular Earnings $20,000.00 DB.5142.4.100.100 Misc. Supplies 100.00 ' TOTAL $20,100.00 To: DB.5140.1.100.100 Brush & Weeds Regular Earnings $20,000.00 DB.5140.2.200.100 Typewriters/Office Equip 100.00 TOTAL $20,100.00 ✓Vote Record-Resolution'RES-2019-827, " 11 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda- September 24, 2019 Page 23 ❑ Adopted as Amended James Dimzio Jr L ❑ ❑ C ❑ ❑ ❑ Defeated - -- - -- -___--------_-,—. -..--------- • --- ---- _-- - --...___ ----------- William P Ruland ❑ ❑ ❑ ❑ ElTabled ._ ---------- -------- --____:^......__ __. _, _.. --•-- --------� - - - - - -- - ❑ Withdrawn Jill Doherty ❑ ❑ El ❑ ❑ Supervisor's Appt Robert Ghosio �— ❑ El ❑ El ❑ Tax Receiver's Appt Louisa P-Evans ❑ ❑ ❑ - ❑ ❑ Rescinded ---- — -- --- ❑ Town Clerk's Appt Scott A Russell ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt - ❑ No Action ❑ Lost 2019-828 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney SC Soil& Water Conservation Dist Agreement Financial Impact: Stormwater run-off RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Suffolk County Soil and Water Conservation District for the receipt of grant funds in the amount of$50,000 to be utilized for Stormwater Runoff Remediation Protection on South Harbor Road, subject to approval from the Town Attorney. ✓Vote Record'r liesolution RES40I94 8" ❑ Adopted ❑ Adopted as Amended yes/Aye No/Nay Abstain Absent ❑ Defeated --- --- ---t--- --,— —-- ❑ Tabled James Duiizio Jr ❑ ❑ ❑ ❑ ❑ Withdrawn William P Ruland ❑ ❑ ❑ ❑ ❑ Supervisor's Appt El ElJill Doherty ❑ ❑ ❑ Tax Receiver's Appt -- - -- ------- - - ----- ,------- Robert Ghosio ❑ ❑ ❑ ❑ ❑ Rescinded -- --- — - --- -- ---- ❑ Town Clerk's Appt Louisa P Evans _ ❑ ❑ ❑ ❑ ❑ Supt Hgwys ApptScott A Russell ❑ El El El ❑ No Action - ------- - - -- -- - ---- -- -- --- ------- ❑ Lost L ' 2019-829 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Southold Town Meeting Agenda- September 24, 2019 Page 24 Climate Smart Community Pledge WHEREAS the Town Board of the Town of Southold (hereinafter "Local Government") believes that climate change poses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and WHEREAS the effects of climate change will endanger our infrastructure, economy and likelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic disease; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and WHEREAS we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and WHEREAS we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, now therefor be it RESOLVED that the Town Board of the Town of Southold, in order to reduce greenhouse gas emissions and adapt to a changing climate, does hereby adopt the New York State Climate Smart Communities pledge, which comprises the following ten elements: 1. Build a climate-smart community 2. Inventory emissions, set goals, and plan for climate action 3. Decrease energy use 4. Shift to clean, renewable energy 5. Use climate-smart materials management 6. Implement climate-smart land use 7. Enhance community resilience to climate change 8. Support a green innovation economy 9. Inform and inspire the public 10. Engage in an evolving process of climate action ✓Vote Record`=Resolution R�5-2019=829,,, ❑ Adopted Yes/Aye No/Nay_i Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr El ❑ El a - 0 � � ❑ William P Ruland— ---- -- - -- — ❑Jill Doherty --- �------�— � ❑Appt lDoherRobert Ghosio ❑ ❑ ❑ ❑ r's Appt E1 Louisa P Evans ❑— ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Meeting Agenda- September 24, 2019 Page 25 ❑ Supt Hgwys Appt Scott A Russell I ❑ ❑ ❑ ❑ ❑ No Action - — - - ❑ Lost 2019-830 CATEGORY. Contracts,Lease&Agreements DEPARTMENT: Trustees Glenn Just Bird Monitoring Financial Impact A.8090 4.500.300 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a one (1) year contract with Glenn Just to conduct Red Knot Bird Monitoring during dredging operations in Southold Town Waters pursuant to the requirements of the United States Fish and Wildlife Service Special Conditions, at a rate of one hundred and twenty five ($125) dollars per hour, funded from budget line A.8090.4.500.300, subject to the approval of the Town Attorney. ,:!=VoteRecord=.Resolution TiE5-2019=830> - � ' ❑ Adopted ❑ Adopted as Amended - - - —�- Yes/Aye No/Nay Abstain Absent ❑ Defeated - --- - --- --------,------_..____�__.____. ❑ Tabled James Dinizio Jr ❑ ❑ ❑ ❑ ---- -,—---------- ----- ❑ Withdrawn William P Ruland ❑ ❑ i� ❑ ❑ ❑ Supervisor's Appt Jill Doherty jEl ❑ Tax Receiver's Appt _— - - -- --- —r- ❑ Rescinded Robert Ghosio i ❑ ❑ It ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I ❑ J ❑ ( ❑ - ❑ ❑ g'Y PP Supt H s Appt Scott A Russell ----_---f�------�---------_� -�----�--�_�-- ❑ No Action - — - ❑ Lost 2019-831 CATEGORY. Bid Acceptance DEPARTMENT. Town Clerk Accept Bids of Grade A. Petroleum Corp for Lubricants and Fluids Financial Impact: Lubricant bid Southold Town Meeting Agenda- September 24, 2019 Page 26 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A Petroleum Corporation to supply the Town with additional lubricants and fluids for the term of one (1) full year after the bid was awarded, as submitted in the bid and all in accordance with the Town Attorney. ✓Vote:Record-'Res6lutiort:RE5=2019=831' ❑ Adopted ❑ Adopted as Amended - ----- T I Yes/Aye No/Nay Abstain TAbsent ❑ Defeated —— — —— — ❑ Tabled James Dmizio Jr El — _ -- ❑ Withdrawn William P Ruland j ❑ ❑ j ❑ ❑ Supervisor's Appt Jill Doherty----- - - - -- ` ---❑ - —❑ -- -- El -- El — ❑ Tax Receiver's Appt -" — - -` - ❑ Rescinded Robert Ghosio I ❑ ❑ [3 _❑ ❑ Town Clerk's Appt Louisa P Evans -i ❑ ❑ ❑� ❑ ❑ Supt Hgwys Appt Scott A Russell — ❑ —{-- ❑ ❑ ❑ No Action --— -----------— — -- --- --- ❑ Lost 2019-832 CATEGORY: Employment-Town DEPARTMENT: Accounting Hire New Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints Olivia Barszczewski Nicole DiVello and Darren Hinderliter to the position of Police Officer for the Southold Town Police Department, effective with the commencement of the upcoming Police Academy, at a rate of$49,603.00 per annum. "Vote.Record-"Resolution"RES;2019-8321 ❑ Adopted ❑ Adopted as AmendedYes/Aye No/Nay Abstain Absent ❑ Defeated - ❑ Tabled James Dinizio Jr — ❑ — —❑ — ❑ ❑ ❑ Withdrawn William P Ruland + ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty — — r ❑ ❑ j ❑ ❑ ❑ Tax Receiver's Appt ------- Robert Ghosio ❑ ❑ El El ❑ Rescinded - -------------------—------------------- ------------+--------------- ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ ❑ ❑ Supt Hgwys Appt - - - =j O ❑ j ❑ ❑ Scott A Russell ❑ No Action ^� ❑ Lost Southold Town Meeting Agenda- September 24, 2019 Page 27 2019-833 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk ENACT LL Updating Comm Pres Project WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 13th day of August, 2019 a Local Law entitled "A Local Law in relation to Updating Eligible'Parcel List of the Community Preservation Project Plan" and WHEREAS theTown Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Updatinp,the Community Preservation Project Plan" reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Project Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose- The following property is proposed to be added to the existing List of Eligible Parcels included in the Community Preservation Project Plan. This undeveloped parcel with an address of 12500 New York State Route 25, SCTM 4 1000 - 114.-11-17 is located at the northeast corner of New Suffolk Avenue and Route 25, Mattituck, NY. The preservation and protection of this property falls under multiple purposes of the ' Community Preservation Project Plan, including, but not limited to,the establishment of parks, nature preserves or recreational areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13 Community preservation project plan adopted. [Amended 2-4-2003 by L.L. No 2-2003; 4-12=2005 by L.L. No. 5-2005; 1-31-2006 by L.L. No 2-2006; 9-9-2008 by L.L. No 11-2008, 9-23-2008 by L.L. No. 13-2008; 8-23-2016 by L.L. No. 9-20161 G The Town Board of the Town of Southold-hereby approves and adopts the August/ September 2019 update to the Community Preservation Project Plan which adds one parcel to the List of Eligible Parcels. ,The text of the revised plan adopted by the Town Board in 2016 shall remain as adopted in 2016 The Au ug_st/September update shall supersede all Southold Town Meeting Agenda - September 24, 2019 Page 28 previously adopted and amended plans. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓'V.otc-Record,=Resoli fion RES-2019=833 ❑ Adopted ❑ Adopted as Amended ---------- 7 Abstain Absent Yes/Aye No/Nay ❑ Defeated _ _--------- -------------- ------------ --- ❑ Tabled James Dmizio Jr ❑ ❑ ❑ L1 ❑ Withdrawn William P Ruland ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty 1 ❑ ❑ i---'0 El'—— ❑ Tax Receiver's Appt -- ❑ Rescinded Robert Ghosio — ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ —I ❑ ❑ ❑ No Action -- ----- -- --- --------- --- -- --- ❑ Lost 2019-834 CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280-AHD WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of August, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoniniz, in connection with Affordable Housing District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested,persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoninjz, in connection with Affordable Housinlz District" which reads as follows: Southold Town Meeting Agenda- September 24, 2019 Page 29 LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the eligibility requirements. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-30. General regulations and requirements C. Eligibility (non-age-restricted`). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be placed in a lottery system must be registered the Town of c""+�a Registry, administered by the Government Liaison Officer. There shall be a priority for qualified active members in service as volunteers in an agency providing firematic protection, emerg=ency medical or ambulance services in the Town of Southold in a formula acceptable to the Town Board. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓•Vote.Record=}Resolution RES-20.19=834 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay I Abstain Absent ❑ Defeated James Dmizio Jr ❑ ❑ ❑ ❑ ❑ Tabled ------------------i------------- - William P.Ruland ❑ ❑ ❑ ❑ ❑ Withdrawn -- -- — —t— ------ ------ — ❑ Supervisor's Appt Jill Doherty ❑ ❑ i ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio ❑ ❑ ( ❑ ❑ ❑ Rescinded - - -- Louisa P Evans I- --- ------i-- - --------I-------- ------------- ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt ---- -- - --- — - ---- - - ❑ Supt Hgwys Appt Scott A Russell ❑ ❑ �^ ❑ ❑ ❑ No Action 11 Lost Southold Town Meeting Agenda- September 24, 2019 Page 30 2019-835 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk ENACT LL Chapter 280, Sections 13C and 17C WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of September, 2019 a Local Law entitled, "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations" and WHEREAS the Town Board of the Town of Southold held a public hearing on the,aforesaid Local Law at which time all interested persons were given an opportunity to be heard and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled," "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations". LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Town Board recognizes the unique challenges faced by bona fide aquaculture/mariculture farm operations with regard to the ability to directly market their produce compared to agricultural farm operations that can utilize on farm marketing opportunities. The purpose of this local law is to give bona fide aquaculture/mariculture farm operations the ability to directly market their produce by allowing direct marketing of their produce at the primary residence of the owner of a bona fide acquaculture/mariculture farm operation and at a bona fide agricultural farm operations § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 Southold Town Meeting Agenda - September 24, 2019 Page 31 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following_ C. Accessory uses, limited to the following uses and subject to the conditions listed in 280-15 herein: (1) 'Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (14), Direct marketing of aquaculture or mariculture products, subject to the following - requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both: (1) a parcelcontaining a single-family dwelling that,is'the primary residence of the owner of a bona fide aquaculture/mariculture farm - operation, or; (2) a parcel used as part of a bona fide farm operation located on,State Route 25 ("Main Road") or County Road 48 (the "North Road"); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a_temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 sguare-feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the .display area; - (3) no generators may be used to-supply electric power to the display area. § 280-17 Use regulations. In an R-40 District, no building or premises shall be used"and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, r Southold Town Meeting Agenda- September 24, 2019 Page 32 for any uses except the following: C. Accessory.uses, limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. ' Direct marketing of aquaculture or mariculture products, subiect to the following requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation,.or; (2) a parcel used as part of a bona fide farm operation located on State Route 25 ("Main Road") or County Road 48 (the "North Road"); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following-requirements:, (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. Same as § 280-13D of the A-C, R-80, R-120, R.200 and R-400 Districts. [Added 12- 5-2017,by L.L. No. 20-20171 III. SEVERABILITY If any clause, sentence, paragraph, section, or•part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this Law as a whole or any partthereof other than the part,so,decided to be unconstitutional or I Southold Town Meeting Agenda- September 24, 2019 Page 33 - invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as rovided by law. ✓VoteRecord-.Resolution_RES-2019-835 ,_ _ '- - , -�; _ ' 7-1 ❑ Adopted ❑ Adopted as Amended - --— - - i Yes/ Aye No/Nay Abstain Absent ❑ Defeated ------ ----- - ------T-- • Tabled James Dmizio Jr ❑ ❑ ❑ ❑ ❑ Withdrawn William P Ruland ❑ ❑ - ❑ ❑ ❑ Supervisor's Appt Jill Doherty l ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ----— -- --- — -,i—-------- -- --- ❑ Rescinded Robert Ghosio I ❑ —❑ ❑ — El ❑ Town Clerk's Appt Louisa P Evans ❑ Supt Hgwys Appt Scott A Russell _ ❑ - ❑ ❑ ❑ ❑ No Action ---- -�--— -- - — ❑ Lost VI. PUBLIC HEARINGS 1. Set PH 9/24/19 - 7:00 Pm 2. PH 9/24 7:00 Pm Chapter 280 -AHD 3. PH 9/24 7:02 Pm Chapter 280-13 (C) and 280-17 (C) `Accessory Uses' Southold Town Board - Letter Board Meeting of September 10, 2019 RESOLUTION 2019-763 Item# 5.5 TABLED DOC ID: 15527 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-763 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 10, 2019: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. _ '4-1non i._ L.L T T N.. 'Amended1.1". Z_1�18Q] 3-1707 DY . i In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L.No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the residenee. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. Generated September 11, 2019 Page 11 Southold Town Board - Letter Board Meeting of September 10, 2019 1 (c) The existing one-family dwelling shall contain not less than 1200 4;600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment january^'�eo4, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- 1994 by L.L.No. 30-1994; 2-7-1995 by L.L.No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L.No. 26-1998; 10-25-2005 by L.L.No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The ownef of the t,, tse-ssh- l ec^tipy Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as t, --eipal re-sidenee. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: > i efmit, or-allow th of an aeoessefy-aPartment oreated pursuant to § 280 13A(6) or- § 280 13B(13) withoul valid fvntal permit issued upen applieation to the Chief Buildi 2010 b T T No.2 20101 !1\ (� 4 4 l t , ap lie tin re tnl e it ni for n ir al of rental I-LL CJ lJl pemait shall bear the notafized signature of the owner-and eentain the fellowin Generated September 11, 2019 Page 12 r l Southold Town Board - Letter Board Meeting of September 10, 2019 motion, (a) Tl, , Elate b,i df Ft and telephone ni&mber- f the (b) The address of the subjeet pr-opei4y ineluding street address and Suffolk County Tax Map number. (n\ T t +t 'r r partner-ship,t' limited liability� � L, otvt er business the address and telephone Ru --r- efeaeli owner-, entity, name, (d) The name(s) and telephone Rumber(s) of all tenants. (e) A eopy of the lease agreement between owner-and tenant. (f1 A eepy of tl rt'f atepreexisting eeFtifieate of neeeupaney-fef the prvpeA-y (2) The owner- f an aeeessoriwithin1' one family d lli 1 11 addition 't' - + the informationrequired R 74f1 12i1f11l.,\ tb 1, (f1 ,do v (a) 1111yuK1 �, �./r d that the fffmises is in eomplianeewith 11 of tl pr-ovthe Code f the Town of Southold, the laws and sanitary and housing regulations of the Ceunt-y-g C f- 11 d the laws f+1, State of 14 Y�York. (3) The owner of an aeeessei=y apartment in an aeeessory struetwe lawfully exi pufsuant to § 280 13B(13) shall, in addition to the infor-mation required in § pr-evide a eeftifieation that: [Amended 12 5 2017 by L.L. . (a) The existing single family dwelling or the aeeessei:5-ap------eflt in the aeeesaef!y straevare is oeeupied by the YYlltl owner's 1J11 1 'J (b) The other dwelling unit on the subjeet pr-epeAy is to be eeetipied by either-a family member- or an individual who is etiff ently on the Southeld T1 evai Affor- ous'- Registry eligible r 1 (e) Rents char-god to a tenant from the Aff-ordable Housing Registr-y shall net exee the r-ent established by the Town Board amivally pursuant to § 280 30F of this Cod: (d) The dwelling , 't isin eemplianee 't provisions 11 '+1f t11 Code of the S ''' 11 d the 1aws f+1, State f N V K III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated September 11, 2019 Page 13 1 Southold Town Board - Letter Board Meeting of September 10, 2019 Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 9/24/2019 7:00 PM MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 11, 2019 Page 14 Southold Town. Housing Advisory Commission FFOC � P.O.B. 1179 RECEIVED Southold,N.Y. 11971-0959 AUG 2 6 2019 Southold 'T'own Clerk Town of Southold Housing Advisory Commission To: Supervisor Scott Russell and members of the Southold Town Council Re: Proposed code change to §280-13 use regulations. Dear Supervisor Russell and members of the Southold Town Council. The Housing Advisory Commission (HAC) met on August 22, 2019 and reviewed the proposed code change to § 280-13 use regulations as they relate 'to accessory apartments in the principal dwelling and accessory apartments in accessory structures. The members of the HAC unanimously recommend that the Town Council support legislation restricting occupancy in accessory apartments both in the principal dwelling and in accessory structures to renters who are either family members of the owner of the residence or tenants who are on Southold Town's Affordable Housing Registry. The Town's current regulated rental limits are sufficient enough to stimulate private investment and the income qualification for the affordable housing registry is sufficient enough that most full time residents of Southold Town can qualify. Currently a regulated two bedroom apartment unit can be rented for$1,878.00 per month. A single individual who makes up to $104,200.00 per year qualifies for the affordable housing registry. A family of four who makes up to $148,800.00 per year qualifies for the affordable housing registry. Keeping the rental regulations the same for both accessory apartments in principal structures and apartments in accessory structures will make the town code simpler to use and easier to understand than if there are different standards of review. { ter' The HAC does not oppose the proposed code changes to the square footages of the units or the removal of the requirement that the property be the owner's principal residence. Eric Dantes Acting Chairman Members Present Patricia Lutzky Debra O'Kane Cheryle Amara Mark Levine Nancy Messer Marilyn Sierra Re 4:z 4% 6? Comments�on Accessory Apartment Legislation by Bob Hanlon September 10, 2019 I strongly support the expansion of accessory apartments in our community. We need more apartments to ease the housing,problems of our grown children and the people who work in our shops; our restaurants, our fields. We need more market rate apartments, and we need more affordable apartments. But we need rules about creating those apartments that are well thought out. We need to build those apartments without creating other problems that undermine the,character of our communities. The Zoning Board of Appeals,has unanimously asked for changes in the code to include more safeguards. They want to ensure that the apartments,that are supposed to be saved for our families or those eligible for the affordable list actually go to those individuals, and don't just become opportunities for speculators to lease them to the highest bidder. The Housing Advisory Commission unanimously asked for more restrictions on apartments in main dwellings, to limit all accessory apartments to family members or those eligible for affordable housing. But the Commission rightly points out that the Southold standard for affordable housing is not just for the very poor. It includes individuals who earn up to $104,000 per year and a family of four earning up to $148,000. Affordable housing is middle class housing. Most families in Southold are eligible. At its work session yesterday, the Planning Board unanimously agreed that the proposed code should be modified to limit rentals to tenants who rent the accessory apartments as their primary residence. We do not need to create apartments for a weekend or seasonal presence secured by an annual lease. We do not need to create apartments that are rented annually, but then sublet to a rotating cast of tenants like a Hamptons share house. We need these apartments for those who live and work in our community. At the public hearing, I acknowledged that the proposed law would still include a provision that a one-year lease be shown for restricted apartments. But the proposed code doesn't include safeguards that ensure the people on that lease demonstrate eligibility. In fact, the proposed code specifically deletes certification by the owner of the tenant's eligibility. And the obligation to produce a lease only applies to year one. There is no mechanism in the code, or in the rental permit procedures, to ensure that subsequent tenants meet those criteria.,-The weakness of safeguards further undermines the difficult task of finding apartments for those most in need. The proposed code does nothing to foster the creation of apartments where our draft Comprehensive Plan says they should be concentrated - near our hamlet centers. In fact, it does the opposite. Almost all of the properties being added are for homes that are not the principle residence of the owner. These homes are concentrated in the shoreline neighborhoods, away from hamlet centers. We are adding density in exactly the place we say we want to avoid density. Send it back for discussion. Consider the recommendations of the ZBA, the Housing Advisory Commission, and the Planning Board. Seek input from others in the community; including the,civic groups and community groups that serve those eligible for affordable housing. We need more apartments. This is not the way to get them. Southold Town Board - Letter Board Meeting of August 27, 2019 RESOLUTION 2019-763 Item# 5.38 TABLED DOC ID: 15527 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-763 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 27,2019: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 280, Zoninjj,in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board'of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor-be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; 11-29-1994 by L.L.No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] (6) One.accessory apartment in an existing one-family dwelling, subject to the issuance of a,rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the e of the dweliiiig units as the owner's �/r existing dwelling shall r� ros,�nee. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. Generated August 29, 2019 Page 52 Southold Town Board - Letter Board Meeting of August 27, 2019 (c) The existing one-family dwelling shall contain not less than 1200 4-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10) years prior to applying for an accessory apartment Janes i,2 or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwellinIZ unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and BuildinIZ Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L.No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L.No. 3-1995; 11-12-1996 by L.L.No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L.No. 18-2005; 6-15-2010 by L.L.No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] Theewnei! f the r-.,.,.:...,.. shall eee: .r, Eoither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the owner!s prineipal residenee. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: shall > > valid rental pefmit issued upon applioation e the Chief Building inspeeter-. IAdded 6 15 2010 b L.L. No 2 20101 pefniit shall bear-the notarized signatufe of the ewner- and eent-ain the fellewi-ag Generated August 29, 2019 Page 53 Southold Town Board - Letter Board Meeting of August 27, 2019 (es.) The name, date of bifth nY..-1 telephone number of the (b) The address of the subjeet prepei4y ineluding street address and Suff-elk County Tax Map en oration,(e) In the event the awfle. 7 entity, limited liability eenapany of other business 7 dress and telephone number-of each 7 prineirel7 eff;eer7 shareholder-, member-pai ner a of sueh business. ness ' (.l) The name(s) and teler.b,.,,-.e number(s) of all tenants. (e) A . opy of the loose e e„t between e and tenant. shall,the property-. (2) The ow-ner-of an aecessor-y apaftment NN4thin an existing one family dwelling in addition to the ;„fefinetio required i § 280 13D(1)(e) through (1) .le e 7 provide r1ifieatien giat the existing dwelling or accessory apaAment is eeeupied by the ow-nei: and that the r in eomplianee with all of the provisions of the Code of tho 7 the laws and sanitar-y and housing regulations of the County a Suffolk and the laws oft e State of New York. (2\ The of or. n r< .�artf ent i eennery struetur-e_tey&dlly existing ___ .,.-, r eeen�� . ., an ee pursuant to § 280 13B(13) �/ - owner -- -- --"-"-'-=--J -r----'-- - -- ---"-" "-` - J - vccrr��crvv-x-ni;rt�loall shall, in addition to the infeEmation required in § 280 13D(1v )tb.r >1 (f) �le . ert;f eati..,�, that! [Amended 1'7_c_2n1_?_by o �i"r7izaTmrviTb�a'-�prv=v'-iu�, ., .,.,�,..�..,..,,...,.. ......,,. �._._.....�..,�. .._ ., _.,�. .,� L.L.a. a. ...,. 2020171 (a) The existing single g lli d family wenor the . ai4 +; t s „r;. epmenn e e „ry st fir-e is eeeupied by the e:,Amer- s the owner-'s r;neinal resi enea (b.) Th other- .l< ell; nit on the „bjeet property y in to be_oee .l b either .+ family �/tVLl Uli•U �J rl•1 Llll•1 LL lUlllll � H n ll n rlln member or an individual 1, is euFfently on the Southold Tow Af r-d b.le Housing Registry and eligible forpl.,eement (e) Rents eharged to a tefiant frem the Afferdable Housing Registry shall not exee the r-ent established by the Town Board annually p nt+e § 280 30F 6f this (d) The dwelling it . in rl; ;tl, all of the inions of the_Code_of.,;:1.,11....1.... .....� .�.. ... ,.....provisions .�. �.,..., .,� ...�. Town ef the laws and sanitary and housing regulatiens ef the County of 9 Suffolk .l the laws f the State f 14 Ver-1--. A III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated August 29, 2019 Page 54 Southold Town Board - Letter Board Meeting of August 27, 2019 Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 9/10/2019 4:30 PM MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio,Evans, Russell 1 C Generated August 29, 2019 Page 55 Mr.Russell and the Southold Town Board, 9' 6i9 As a resident of East Marion,I am very concerned about changes to the rules for accessory apartments,l am against any changes to allow property owners to live elsewhere and rent space to other tenants.(how many units will you allow in a home)How many kitchens. So now what do we do with these multi family homes.. Taxes Parking Garbage Property up keep Noise Who does the code enforcement officer cite for violations if the owner of the building is not available. 1 feel we must study,the proposed changes further. I want to know who my neighbors are. Right now we have enough Airbnb's,we do not need more investors coming in ....just for profit. What we need is more enforcement of the of the current accessory apartment rules. am afraid that these changes you are proposing will change our beautiful East End......and not for the better. James and Blanche Duggan 350 willow Drive FO &Y QV East Marion,New York 11939 Ecc IE w [ED' SEP -9 20#9 SUPERVISOR'S OFFICE TOWN OF SOUTHOLD Ree... A 1 Comments on Proposed Changes to AccessoryApartment Code by Bob Hanlon 04b AA& 14n) We need more,housing opportunities. .Our children, and the people who work in our,shops, our trades,-our fields, our restaurants, our institutions often'cannot afford to live here. When there are no homes within reach, they leave to find jobs closer to where~they.can live.. Most,cannot yet•afford,to purchase houses, so increasing apartment stock is a more effective approach. Town code currently allows creation of two types of.accessory apartments to help address this problem. The first type is within existing single-family homes, and can be,rented to anyone at market rate. The second type,is in accessory structures (garages, barns, etc.), and can only, be rented to,family;members or those eligible for affordable housing. The Town Board is proposing several changes in the rules that govern all accessory apartments. We do need to change the existing rules.because they do not work well enough, but the proposed changes do not solve this problem. In fact, they will make the situation worse. Currently, all accessory apartments can only be created'on property thatis the, owner's principal residence., The proposed changes would eliminate that, , requirement for,both categories. [Changes in Sections 280-13A.(6)(b) and 280- 1311.(13)(i)]. Currently, there are reporting requirements that ensure the apartments in outbuildings are reserved for affordable-housing and family members. [Section 280-13D]. The new.code would also eliminate that safeguard. 4 , These changes could have a significant impact on our community.,'One problem is speculation. An increasing number of house purchases are by people who are not interested in living here, even parttime., They buy up multiple properties for,high- rent, seasonal use, and for short term rental, even though it is,not allowed.,•,, Speculation purchases that convert houses to seasonal rentals reduce the'number of available year-round apartments. This reduction in supply drives,up rental prices, and makes the situation even worse. pWe have always welcomed our part-time neighbors, but we cannot Safford to become a mere handful of full,timers - that is not much of a community. The proposed code amendments say you cannot rent out both the accessory, , apartment and the main dwelling unit. But with the removal of the principal residence requirement, some will be tempted to monetize their.property to the max. With the removal of the reporting safeguards, it will be even harder to identify and enforce against those violating the code., We already,have witnessed the fiasco of a short term•rental code that is unenforceable. Creating apartments primarily in hamlet centers is a clear goal in the draft Compr'ehensive Plan, and serves to help our housing crisis, while retaining the rural nature' of the rest of the community. But the proposals do nothirig'to promote the ' location of additional apartments fn' arid. around hamlet centers. The propos4code would allow the conversion of nearly every house in:Southold into alwo-family dwelling (over 999ro). But a wholesale down=zoning of the entire Town'is not the way to achieve our goals. We are a community largely made up of modest, one-family homes':-This is'mi keeping witl our rural'histoiy and tradition. In general, our zoning laws limit where multi-family dwellings can be built, not onl every rural lane and in every' development. We are not, and don't wish to become; Queens. (Not that there is anything wrong with Queens . I grew up there'`But I choose to live here now.) Additionally, the method the Town Board used m proposing these changes is also seriously flawed. The new code was raised for the first time two weeks ago, at a Town Board work session,and the same night put on the`calendar for this hearing. It was never reviewed'at Code Committee, the usual practice. "Nor was it'referred for input from the Zoning Board of Appeals, the Housing Advisory Committee, the F.conomic,Development Con- rnittee, or'any of the civic'or community groups that have a high stake in the shape of'our housing.� The only groups asked to comment were the Town and County Planning B"oards,`despite urging that it be referred to other interested and expert parties. Where did this unusual, inappropriate procedure'co'rh4jrom, andwhy the rush? The,current program for`creating accessory Apartments doesn't work. In the past f 5 years, only 27 units have been'legally created for affordable housing or owners' families. The number of market-rate apartments-.also remains very small. We need to revm'ap'and improve the system;but we need'to carefully arialyze'which aspects of the current program work, and which do not. We need'input"from all the departments, committees, and community'organizations that have expertise in this area. We need to give the public a real opportunity for input into changes in our policy and its implementation, not just a token hearing after a proposal is cast in concrete: The current approaSis'another'example of the Town Board's pattern of rule-making without adequate`planning or broad'expert'and'community involvement. It has the potentialfor serious', unintended consequences. Back'to the drawing'board. This time, let'it be a thorough, collaborative project. ' OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �®f S®�r� P.O. Box 1179 54375 State Route 25 ®� ®�® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 C www.southoldtownny.gov OU PLANNING PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD SEP 1 1 2019 Southold Town Clerk MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman .. Members of Planning Board 4A11- Date: September 10, 2019 Re: A Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, in connection with Apartments in the Town of Southold". Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board supports the proposed legislation with the following recommendation: 1. Require that the leased unit is the primary residence of the tenant in addition to the year round occupancy requirement. cc: William Duffy, Town Attorney J CEIV7EI� t S.EP 6 ,2 n SJRECEIVED ' EP 6 2(n9 y T01t N-OF'SATHOLD=' '50u �_ ��,�r J, (� c.t�"�)'��.�� �7.t� t�_t-�,• .+�,,� ,n��: $hbld Town Clem IVU _ .ur1d be : . ; � ..�,�: 1r� �� 411 0�. - Ar.......-. _ --.,�„,_�-(.5.."/!1 v11„v, -r �•,.V t�� '"V�` V,1/`_t.l�y JIO,� ff Q$ � c C ` �sS v-o s :c be „ t]iv . ^.V%�l.�i+-• Y. I`"'.� /�: . '/ ttl£ Hb, •jam 11 it� F'1,Jvl..ff:,._,V'i.IY`.^3.�';,V�;•�+'L• ,-. .."...,..__i`�." ��}?..._i .-a "��"i���.laYv�•!k.'V"•,.flU1/.;t'Y-���i�'��►/t�`��`_----..�zr�ry_:`S%r��.i'4%:=_.i._l��ti.�s,�,t�7�1.�;/.-�'' t.� /-. �.. IJ IYA fb `_._._..._„w...._._---».......__;a.�,��a�.�e�.' _ �-�'r�_."`”^'�•'.--.,�?1��� ��'��_''�''J�......_`�.:JY,:.�_F ..�:J�t..�_.:...•`�-L'"�k����!,l/f�L���,r�_l'1 _ "..l^_ ,_r'_ .rJIY° • mJ., •�'Z - _ t - ._ j O. 4,1 -......... -.° ,n.��.����� l;��t;�:�.S«....E,i��ti�.' (��;,c}?'�.Y:/,;,�, ...�`ryl>. . , .'.-'_ � G_`�-�'-�''`�.•� _ �"Gc�l 322f� 5,-� s '� : - haw n Soy . `� s. r ► � �l twl - s '` �-C�;�',}�-�-i.��f`�p �� Vc�f_ ;��It����t,'�� . �y��(;;` .�-�.t►�'� �lvf� ,-G-lt�(;`�.-�l!?"�� (���' f�`'{' U.04,G'rl' v. l i 1' (h f Q:7ll {.it� .1 ` 1 ' {'L?✓ .(�•(` 3 wJ 3rg A-J- 1 ova� 'tib.�� '' •� a J7-06 bY,°JPI -I� - Vvl , . '.1''• j � f _ _ 'f. ,(I,, �/�\1 r /�J� ��//J'�f'ff�([��{,,. `; j'.` BOARD MEMBERS ' ^~ � Hall Annex Leslie'Kanes'Weisman,Chairperson Town,Hall 53095 Route 25,Main Road Patricia,Acampora , xn ; P.O. Box 1179 Eric"Dantes .;. " 'Southold,NY 11971 Robert Lennert;Jr. a °` Telephone(631)765-1809 Nicholas Planamento '0WOTEIVED http;//southoldtownny:gov ZONING BOARD OF APPEALS SEP 6 2019 � T® '®F SOU TH®LD SoUthold Town G1,�� T®:" f Elizabeth Neviflle,'.Town Clerk(for Distribution to 1$oard Members) Supervisor Russelfl and Town FROM: The Southold'Town Zoning Board of Appeals IBE: Proposed Code thanges to Section.280-13 B DATE:- September 4,,2019 The Zoning'Board of Appeals has been charged with reviewing, approving or denying applications for Special Exception'Permits to establish,accessory apartments in accessory structures:(Section 280-13 B) since the creation of the-code in 201.0. We have carefully reviewed and discussed the changes currently proposed to,that section of the,code,including reinarks�made at the Town Board's public Bearing on August 27,2019, and respectfully, submit the following comments. L, The Board supports the,continuation of the limited rental of either`the single=family dwelling or the accessory=apartment in,an accessory structure,exclusively to,a property owner's family merriber or a person currently on of eligible for placement on the,Town's Affordable Housing Registry. The ZBA application for these Special Exception'Permits currently requires documentation,proving both property ownership and the,eligibility of the proposed renter. However,we believe it-would be helpful to property owners to be informed of those submission requirements in the code; in the former case a deed and in,the latter case�a birth or marriage certificate for a,fatriily member or written confirmation from the-Town's Government Liaison for aperson qualifying for an affordable unit. It"should also be made,clear that the SE permit-may not-be issued to an,LLC but only'issued by the ZBA to a named property owner who will occupy either unit-exclusively for him or herself. 2. Section B. (13).(i) L"requires the submission.of a written Iease for a term of one or more years, but does not indicate when to submit it and to whom: Signing a-lease agreement and s part of the application,prior to ZBA appubmitting it to the ZBA as roval,may-not be feasible for property owners. The Board suggests that the code state that a signed lease must be submitted to,the ZBA and the Building Department within,30 days of the date of.approval of,the Special Exception Permit,and that failure to do W will render the permit null and void. We further suggest that property owners be permitted to request an.extension.for an'addiiionai 30_days for good'eause by written submission to the ZBA i 3'. To,avoid'confusion,.or misunderstari'dirig when;property owners'with,approved accessory apartments in accessory,structures sell their.homes,the Board requests'that'the,code state,,that the Special'Exception• Permit Isnot transferrable to-other future owners: This- 'b the eligibility ofrenters is'limited.and' must be verified by the ZBA for approval. Failure to follow this review procedure may inadvertently ,result in-short--or-ong-term market rate•rentals available to anyone,.or the proliferation of guest cottages ,r in residential'iones,which is not the intent of the code: The Members of the Board.of,Appeals,unanimously,request that the-Town Board;add,.these ''recommendations to the proposed code-changes. 8 Thatik,,y. a for:yonr-considerat bh. At Q. Leslie Kanes Weisman,ZBA Chairperson, On behdlf of the.Board'of Appeals f , k 'f g,FFO{t RESOLUTION 2019-763 DOC ID: 15527 THIS IS TO CERTIFY THAT THE FOLLOWING'RESOLUTION NO.2019-763 WAS TABLED AT THE REGULAR MEETING OF.THE SOUTHOLD TOWN BOARD ON AUGUST 27,2019: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,'on the 16th day of July, 2019, a Local Law entitled G'A Local Law in ' relation to an Amendment to Chapter 280, Zo'nin% in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board of the Town of'Southold field a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in•relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of-Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as-follows: ,- § 280-13 Use regulations. [Amended 3-14-1989 by L.L.'No. 3-19891 In A-C, R-80, R-120, R-200 and R=400 Districts,no building or premises shall be used and no building or part'of a building shall be erected or'altered which is arranged, intended or designed to be used, in whole or in part;for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8=1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L.No.,26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No..2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the•dwelling units shall be occupied exclusively by tThe owner�of the existing d-welling shall eeeupy one of the dwelling units as the evffier's p6neipal --es�eeThe other dwelling unit shall be leased for year-round occupancy, evidenced by•a written lease for a-term of one or more years. (c) The existing one-family dwelling shall contain not less than*1200'4-,699 square feet of livable floor area-. '(d) The accessory apartment shall contain not less than 350 4-58 square feet and shall not exceed 750 square feet of livable floor area'and shall have no more than 1 Resolution 2019-763 Board Meeting of August 27,2019 one bathroom. (1) The dwelling which is converted le permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10) years prior to applying for an accessory apartment 4, or proof of legal occupancy prior to that date. (a) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. i B. Uses permitted by special,exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except fonthe uses set forth in Subsections B(1), (13) and(14)hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No: 3-1989; 11-29-1994 by L.L. No. 26-1,994; 12-27-• 1994 by L.L. No. 30-1994;,2-7-1995 by L.L. No. 3-1995;, 11-12-1996 by L.L. No. 20-1996; 11-42-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18=2005; 6-15-2010 by L.L.No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 459 square feet and shall not exceed 750 square feet of livable floor•area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit.in accordance with,§,280-13D and the following requirements: [1] Theevffier- of the premises shall eeeuff Eeither the existing single-family dwelling unit or the accessory apartment in-the detached accessory structure shall be occupied exclusively by the owner of the premises as the e er-! prineipal . The other dwelling-unit,shall be leased for year-round occupancy evidenced by a written lease for,a term of one or more years,to: Tl De't.,l p ;t .,A „tom Netw thnt.+nd .1 t O ria .. .....�, ,,.. ,. D. ----"--r=------ -- -----=�--� --r---- -�----' - - v � .. aroma VL wuuu« ssien granted,!ie evffier-of prepeAy shall pei:mit, or-allow the eeeupaney or-use 7 part, en4 e eatoa ptff sua„t to § 280.13A(6) e._§ stn 13B(13) with,.,,t , va4�d rental pei2fnit issued upen applieation to the Chief Building 111speeter. [Added 6 1& 7M n by L.L. No 2 201% infi ti6ft: name,The telephone 1 the owner. 11Vl. address �s and Stiff-elk CV{.411�•, i, (e) hi the eveiA the evffier-is a > > limited liability eempanyff other business > name, address nd hene number- of eaeh , PrniGlpal, Af�6�•cr�xzur ,mcici,pnrcneTor-member-orsacrrbusiness. Updated: 8/27/2019 4:05 PM by Lynda Rudder Page 2 Resolution 2019-763 Board Meeting of August 27, 2019 (d) The naffie(s) and telephane number(s) of all tenaiits. the pr-epei:t�- Stiff-elk and the laws ef the State of New Yer-k. pufsuant to §3 280 13B(13) shall, in addifieii te the iflfefffiatien required in § 280 1211!1\!.,\ +1,, ,,, ,b. (f) prov:.de ., eei4i fie,tio that. [Amended,,,e.,ded 12 C 2017 by L.L. No member- e an indivi"al ,,,b,., : etiffently e the Southold T.,,,,,, A - ,-.d.,b,le Housing Registry and eligible fef-plaeement. the r-eiA established .,, the T ,,,, 12.,.,,..d ., .,ll,.pufstiafA+., A 280 300 of this `'� (d) The dwelling thait is in eeffiplianee wi�all ef the pr-evisiens ef the Code of the Town of , the laws and sanitary and heusing fegulafiens Suff-elk and the laws of the State of New III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. k Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 9/10/2019 4:30 PM MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 8/27/2019 4:05 PM by Lynda Rudder Page 3 S Elizabeth Duffy, Bill i,. Friday,August 23, 2019 12:10 PM Neville, Elizabeth; Lanza, Heather Donald Wilcenski; Michaelis,Jessica;Terry, Mark RE: Planning Board referral of Local Law concerning Chapter 280 Accessory Apartments. yes From: Neville, Elizabeth<E.Neville@town.southold.nv.us> Sent: Friday, August 23, 2019 11:32 AM To: Lanza, Heather<heather.lanza@town.southold.nv.us>; Duffy, Bill <billd@southoldtownny.gov> Cc: Donald Wilcenski<dwilski78@gmail.com>; Michaelis,Jessica <jessicam@southoldtownny.gov>;Terry, Mark <mark.terry@town.southold.ny.us> Subject: RE: Planning Board referral of Local Law concerning Chapter 280 Accessory Apartments. Bill, Will you address this with the Town Board? Betty Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Lanza, Heather Sent: Friday, August 23, 2019 11:10 AM To: Duffy, Bill; Neville, Elizabeth Cc: Donald Wilcenski; Michaelis, Jessica; Terry, Mark Subject. Planning Board referral of Local Law concerning Chapter 280 Accessory Apartments. Everyone, Regarding the Planning Board referral of Local Law concerning Chapter 280 Accessory Apartments, the _ Planning Board has not yet had time to review this local law and is requesting more time to comment due to their schedule. Their next work session is September 9 and they will be able to provide comments after that date, if that is OK with the Town Board. Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 1 Southc,I 1,New York 11971 Phone: \"(631)765-1938 E-mail: heatherlPsoutholdtownng.gov z Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,July 22, 2019 11:23 AM To: Donald J.Wilcenski; Eisenstein, Mary;James H. Rich,III; Lanza, Heather; Martin H. Sidor; Michaelis,Jessica; Pierce Rafferty;Terry, Mark Cc: Burke,John; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; James Dinizio; Lauren Standish; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary; Tomaszewski, Michelle;William Ruland Subject: Emailing: LL Re_20190722105935 Attachments: LL Re_20190722105935.pdf Importance: High Attached, please find Planning Board referral of Local Law concerning Chapter 280 Accessory Apartments. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: LL Re_20190722105935 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. i i RESO 2019-763 SUMMARY OF LL/AMENDMENT TO CHAPTER 280 "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND SECTION 280-13 OF THE TOWN'S ZONING ORDINANCE IN ORDER TO CREATE MORE HOUSING OPPORUNITES WITHIN THE TOWN OF SOUTHOLD. THE PROPOSED LOCAL LAW, IF ADOPTED, WOULD AMEND THE USE REQUIRMENTS FOR ACCESSORY APRTMENTS IN PRINCPLE STRUCTURES BY: • REDUCING THE"MINIMUM SIZE OF AN ACCESSORY APARTMENT TO 350 SQUARE FEET FROM 450 SQUARE FEET; • REDUCING THE OVERALL MINIMUM SIZE OF THE PRINCIPLE DWELLING FROM 1600 SQUARE FEET TO 1200 SQAURE FEET; • REQUIRE THAT DWELLING ELIGIBLE FOR AN ACCESSORY APARTMENT RECEIVED A CERTIFICATE OF OCCUPANCY AT LEAST TEN YEARS PRIOR TO APPLYING FOR AN ACCESSORY APRTMENT. CURRENTLY ONLY DWELLINGS WITH A CERTIFICATE OF OCCUPANCY ISSUED PRIOR TO JANUARY OF 2004 ARE ELIGIBLE FOR AN ACCESSORY APRTMENT, AND; • AMEND THE REQUIRMENT THAT ONE OF THE UNITS BE OCCUPIED BY THE OWNER AS THEIR PRINCIPAL RESIDENCE TO A REQUIREMENT THAT ONE OF THE UNITS BE OCCUPIED EXCLUSIVELY BY THE OWNER. THE PROPOSED LOCAL LAW WOULD ALSO AMEND THE REQUIREMENTS FOR ACCESSORY APARMENTS IN ACCESSORY STRUCTURES REGARDING APARTMENT SIZE AND OWNER OCCUPANCY TO BE CONSISTENT WITH THE PROPOSED CHANGES TO ACCESSORY APARTMENTS IN PINCIPAL STRUCTURES. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE Y Article III Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-19891 § 280-12 Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R- 120, R-200 and R-400 Districts is to reasonably control and,to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed,with varying degrees of success,to achieve this result. For its part;the Town is expending large sums of money to protect existing farm acreage. At the same time,the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of fanners and other farmland owners. § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No.3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-1994; 11- 29-1994 by L.L.No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6- 15-2010 by L.L. No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under § 280-13B(13)0) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. 0) Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) All conversions shall be subject to the inspection of the Building Inspector and issuance of a certificate of compliance. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2004, or proof of legal occupancy prior to that date. (m) The existing building,together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (n) Notwithstanding the provisions of§ 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (o) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (p) No bed-and-breakfast facilities, as authorized by §280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No.3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No.26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on the premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. ZD (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] A resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: [1] That the granting of the special exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [2] That the granting of the special exception will not adversely impact'the character of the neighborhood in which it is located. [3] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. [4] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [5] That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. [6] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties from possible detrimental impacts of the proposed use. D. Rental permit for accessory apartments. Notwithstanding any prior course of conductor permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental pen-nit issued upon application to the Chief Building Inspector. [Added 6-15-2010 by L.L. No. 2-2010] (1) Content of application. An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: (a) The name, date of birth and telephone number of the owner. (b) The address of the subject property including street address and Suffolk County Tax Map number. (c) In the event the owner is a corporation, partnership, limited liability company or other business entity,the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business. (d) The name(s) and telephone number(s) of all tenants. (e) A copy of the lease agreement between owner and tenant. (f) A copy of the certificate of occupancy or preexisting certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one-family dwelling shall, in addition to the information required in § 280-13D(1)(a)through (f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280- 13B(13) shall, in addition to the information required in § 280-13D(1)(a) through (f), provide a certification that: [Amended 12-5-2017 by L.L.No. 20-2017] (a) The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. (b) The other dwelling unit on the subject property is to be occupied by either a family member or an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. (c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. (d) The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of application. The application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Government Liaison Officer. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in § 280-13D(1)through (3) and written approval by the Government Liaison Officer that the requirements of§ 280-13B(13)0) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention, and Building Code and this Code. [Amended 5-3-2016 by L.L. No. 4- 2016] (5) Fees. A nonrefundable annual permit application fee in the amount of$150 shall be paid at the time of filing of an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling.A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing of an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. (6) Registry of permits. It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual renewal. Rental permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within 10 days of expiration. (8) Penalties for offenses. In addition to any other penalties for violations of this chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code,the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner,the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by owner. An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of§ 280-13B(13)0)[1] and [2] may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning August 13, 2019 RECEIVED Town of Southold 53095 Main Road AUG 2 2 2089 P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Southold Town Clerk Applicant: Town of Southold Zoning Action: Resolution No. 2019-659 A Local Law in Relation to Amendment To Chapter 280 Zoning, in connection with Accessory Apartments in the Town of Southold S.C.P.D. File No.: SD-19-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning drew P. FCanning& er Division of Pment APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 COUNTY OF SUFFOLK RECEIVED AUG 3 0 200 OFFICE OF THE COUNTY EXECUTIVE Steven Bellone Southold Town Clerk SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning August 26, 2019 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Adopted Resolutions 2019-659 S.C.P.D. File No.: SD-19-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Freleng, C lanner Division of Planning&Environment APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 � t STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 31st day ofJu� ly_, substantial manner, in a most public place in the Town of Southold, Suffolk County,'New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York and on the Town Website: www.southoldtownny Re: Legal Notice of Public Hearing on "Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold. Y11-4.jl � lizabeth A. Neville Southold Town Clerk Sworn to before me on the 15th day of_ August®, 2019 Notary Public ti•; X'BRINA M BORN Na4Wy Public,State of New York No.01 806317038 Qualified in Suffolk County Commission Expires Dec.22,20JO Rudder, Lynda From: Tomaszewski, Zachary Sent: Thursday,August 1, 2019 1:42 PM To: Rudder, Lynda Subject: RE: Chapter 280 Accy Apts for publication Posted on the website. Zac Tomaszewski Town of Southold Information Technologies Dept. Network&Systems Specialist Office: 631.765.1891 Cell: 631.879.1553 Fax: 631.765.5178 zactna southoldtownny.gov CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent:Thursday,August 01, 2019 1:33 PM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis,Jessica <jessicam@southoldtownny.gov>; Reisenberg, Lloyd'<Lloyd.Reisenberg@town.southold.ny.us>;Southold Local (denise@southoldlocal.com) <denise@southoldlocal.com>; Dinizio,James<james.dinizio@town.southold.ny.us>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski, Bonnie<Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>; Louisa Evans<Ipevans06390@gmail.com>; Neville, Elizabeth <E.Neville @town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov>;,Norklun,Stacey <Stacey.Norklun@town.southold.ny.us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Russell, Scott <scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle <michellet@town.southold.ny.us>; William Ruland <rulandfarm@yahoo.com>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon <damonh@southoldtownny:gov>; Silleck, Mary<marys@town.southold.ny.us> Cc:Tomaszewski,Zachary<zact@southoldtownny.gov> Subject: Chapter 280 Accy Apts for publication Please publish in the Suffolk Times 8/8/19 edition and the Town website. ;� -, ___� s - r---� ----------- ,- I ` _ I ;, o � SUFFOLKTIMES.COM � - AUGUST 08,2019 � 47 C � • - - -r' +relation to an Amendment to Chapter 280, , Zoning in crinnection with Accessory � j i , Apartments in the Town of Southold" � 'BE IT ENACTED by the Town Boazd of the Town of Southold as follows '� prnPert9- � � , i§280-13 Use regWations. � [Amended 3-14-1989 by L.L.No.3-1989] - ,I , In A-C,R-8Q R-120,R-200 and R-400 Dis- trios,no building or premises shall be used_ - _ and no building or part of a building shall be erected or altered which is arranged,intended � • �or designed[o be used,m whole or m part,for any'uses except the following. - _I , I A. Perirutted uses.[Amended 5-23-1989 by _' I , �L L No. 8-1989;'11-29-1994 by L L No I 25-1994, 11-29-1994 by L.L.No 26-1994, • 'S-13-1997 by L L.No 8-1997;7-17-2007 by '-" I �L.L No 15-2007, 6:15-2010 by L L No. _i p2-2010] - _ j (6) One accessory apartment m an existing _ `one-faintly dwelling,subject to the issuance- of arental perinit m accordance with§280- - 113D and the following requirements• - � � � I r` (b) One of the dwelling units shall be oc- � �cupied exclusively by tThe owner ofttte-ex= i �tlence-The other dwelling unit shall be leased � for yeaz-round occupancy, evidenced by a - wnttenlease for a term of one or more yeazs_ � �(c) The existing one-faintly dwelling shall t conGun not less than 12001;608 squaze feet of livable floor azea (d) The accessory apartment shall contain _ 9 not less than 350 450 squaze feet and shall � , not exceed 750 square feet of livable floor i azea and shall have no more than one bath- room. _ (1) The dwelling which is converted to per- �d `mit 5ii accessory apartment shall be in exis- � fence and be eligible for orhave a valid certif- III. SEVERABILITY `�I icate of occupancy issued at least ten(10) If any clause,sentence,paragraph,section,or ears pnor to applying for-an accessory part of flus Local Law shall be'adJudged by, apartment 3inm�y�=2004,or proof of legal any court of competent lunsdiction to be m- occupancy prior to that date - valid,the ludgmen[shall not affect the valid-', (q) No accessory apartment shall`be oc- ity of this law as a whole or any part thereof i cupied b-y more than the number of persons other than the part so decided tgbe unconsh-3 permitted to occupy the dwelling unit un- tutional oranvalid VVV der Section 404 of the Property Mainten- IV. EFFECTIVE DATE - y ance Code of the New York State Uniform This Local Law shall take effect immediately, Fire Prevention and Building Code. upon filing with the Secretary of State as I B. Uses permitted by special exception by provided by law. _ E the Board of Appeals The following uses are Dated July 16,2019 � • pennitted as special exception bythe Boazd of - BY THE ORDER OF THE� Appeals,as hereinafter provided,and,except SOUTHOLD TOWN BOARDI for the uses set forth m Subsections B(1),(13) - - Elizabeth A Neville �and(14)hereof,aze subject to site plan ap- Southold Town Clerk �proval by the Planning Board:-[Amended 2383050 _ _ i �`3-14-1989 by L L No 3-1989;5-20-1993 by �'� L.L. No 6-1993; 12-21-1993 by L.L No j 3=1989; 11-29-1994 by L L No. 26-1994, 12-27-1994 by l:L.No. 30-1994;2-7-1995 by L.L No.3-1995;11-12-1996 by L L No.., ' 20=1996; 11-12-1997 by L.L.-No 26-1997; -L2-8-1998 by L,.L No 26-1998;10-25-2005 - by L L No.18-2005;6-15-2010 by L.L.No. 1 2-2010] - J (13) ,One accessory apartment m a lawfully J existing detached accessory garage,barn or- storage building,"subject to the following requirements• [Amended 4-24-2018 by L.L. I No.3-2018] - (a) The accessory apartment shall contain, no less than 350450 squaze feet and shall not _- exceed 750 squaze feet of livable floor area` l r and shall have no more than one bathroom. (i) ,Occupancy of resident structures on the � premises shall be subject to the issuance of an annual rental penmt in accordance with § i 280=13D and the following requirements: _ ', r[1]• Eeither the existing single-family dwelling � unit or the accessory apartrnent in the de- tached accessory stmcture shall be occupied` exclusively by the owner of the premises as . The'other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a tenn of one or more yeazs to. LEGAL NOTICE _ -NOTICE OF PUBLIC HEARING ,� NOTICE IS HEREBY GIVEN,that there ' has been presented to the Town Board of the - -� Town of Southold, Suffolk County, New York,on the 16th day of July,2019;a Local Law enytled"A Local Law in relation to an� , Ameridment to Chapter 280, Zoning in connection with Accessory Apartments in� - - 99 the Town of Southold"and - NOTICE IS HEREBY FURTHER _ GIVEN that the Town Boazd of the Town of - _Southold will hold a public heanng on the - aforesaid Local Law at Southold-Town Hall, ' 53095 Main�Road,Southold,New-York,on �� the 27th day of August,2019,at 7:00 p.m.at �r which nine all interested persons will be �given an opportunity to be heazd The proposed Local Law entitled,"A Lo- cal Law'in relation to an Amendment to r Chapter 280,Zoning,in connection with , Accessory Apartments in the Town of -�,� ' Southold"which reads as follows• , LOCAL LAW N0.2019 � �� - �•;,,P,;Local�I,a�y,egtitl�d-,"A'Loca�Law,in - ' i I ' #0002383050 t STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck, in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 08/08/2019 Principal Clerk Sworn to before me this day o SSTI1.\1Ani, VOLlPJSl,! NOTARY PUBLIC-TATE OF NEW YORK No 01V06105050 Oualdled in Suffolk County My Commission Expires February 28,2020 T) ESFF: Thu Aug 01 15:28.22 EDT 2019 • proval by the Planning Board: [Amended LEGAL NOTICE 3-14-1989 by L.L.No 3-1989,5-20-1993 by . NOTICE OF PUBLIC HEARING L.L. No. 6-1993; 12-21-1993 by L L No NOTICE IS HEREBY GIVEN,that there 3-1989; 11-29-1994 by L1. No. 26-1994, has been presented to the Town Board of the 12-27-1994 by L.L.No 30-1994;2-7-1995 Town of Southold, Suffolk County, New by L.L.No.3-1995;11-12-1996 by L.L.No. the Southold Thwn Affmdablu Nuasnig Rrg- York,on the 16th day of July,2019,a Local 20-1996, 11-12-1997 by L.L. No 26-1997; istry wid eligible fur PhUX111011L. Law entitled"A Local Law in relation to an 12-8-1998 by L.L.No.26-1998;10-25-2005 Amendment to Chapter 280, Zoning, in by L.L No.18-2005,6-15-2010 by L.L.No. connection with Accessory Apartments in 2-20101 the Town of Southold"and (13) One accessory apartment in a lawfully NOTICE IS HEREBY FURTHER existing detached accessory garage,barn or (d) Tlit;dwu!!LiiguLiitisi,iL;UiirptialL;t:wid, GIVEN that the Town Board of the Town of storage building, subject to the following Southold will hold a public hearing on the requirements: [Amended 4-24-2018 by L L. of Suirthutd,thr laws wid stuntaiy wid hous- aforesaid Local Law at Southold Town Hall, No.3-2018] ing iegatahuns of the efounty of Suffolk and 53095 Main Road,Southold,New York,on (a) The accessory apartment shall contain . the 27th day of August,2019 at 7:00 p.m.at no less than 350 450 square feet and shall not III. SEVERABILITY which time all interested persons will be exceed 750 square feet of livable floor area If any clause,sentence,paragraph,section,or given an opportunity to be heard and shall have no more than one bathroom. part of this Local Law shall be adjudged by The proposed Local Law entitled,"A Lo- (i) Occupancy of resident structures on the any court of competent,jurisdiction to be in- ch Law in relation to an Amendment to premises shall be subject to the issuance of an valid,the judgment shall not affect the valid- Chapter 280,Zoning,in connection with annual rental permit in accordance with § ity of this law as a whole or any part thereof Accessory Apartments in the Town of 280-13D and the following requirements: other than the part so decided to be unconsti- Southold"which reads as follows• [1] tutional or invalid LOCAL LAW NO.2019 Eeither the existing single-family dwelling IV. EFFECTIVE DATE A Local Law entitled,"A Local Law in unit or the accessory apartment in the de- This Local Law shall take effect immediately relation to an Amendment to Chapter 280, tached accessory structure shall be occupied upon filing with the Secretary of State as Zoning, in connection with Accessory exclusively by the owner of the premises as provided by law Apartments in the Town of Southold" . The other Dated:July 16,2019 BE IT ENACTED by the Town Board of the dwelling unit shall be leased for year-round BY THE ORDER OF THE Town of Southold as follows: occupancy evidenced by a written lease for a SOUTHOLD TOWN BOARD §280-13 Use regulations. term of one or more years to: Elizabeth A Neville [Amended 3-14-1989 by L.L.No.3-19891 D. Rental punnit for acrussuly upw Southold Town Clerk In A-C,R-80,R-120,R-200 and R-400 Dis- Notw Ldistanding any pim,cuarsu Uf canduca 2383050 tricts,no building or premises shall be used and no building or part of a building shall be shall UIUSU,VU11HIL,01 d1lVW the uumpancTur erected or altered which is arranged,intended _ or designed to be used,in whole or in part,for any uses except the following- it issued apun application A. Permitted uses [Amended 5-23-1989 by LL. No. 8-1989, 11-29-1994 by L.L. No 25-1994; 11-29-1994 by L L. No. 26-1994; 5-13-1997 by L L.No.8-1997,7-17-2007 by L.L No. 15-2007; 6-15-2010 by LL No. 2-2010] (6) One accessory apartment in an existing one-family dwelling,subject to the issuance nallibuz of the ownur.- of a rental permit in accordance with§280- 13D and the following requirements: (b) One of the dwelling units shall be oc- Map number cupied exclusively by tPhe owner of the ex= dense:The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years ...h basmess. (c) The existing one-family dwelling shall contain not less than 1200.fM square feet of tfa}i tenants. livable floor area. (d) The accessory apartment shall contain not less than 350*50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bath- property- room. (2) The owner of W1 dUAXSSMY UFUL (1) The dwelling which is converted to per- mit an accessory apartment shall be in exis- tence and be eligible for or have a valid certif- _ icate of occupancy issued at least ten(10) ;.nm that the existing dwelling ui accussury years prior to applying for an accessory UPULMICILt lb ocrapied by the OW11M Mid that apartment 3armaiy-i,2804,or proof of legal the pirmuses is in cuniphinim with Ed!of the occupancy prior to that date. piuvismas uf the eude,uf the Town Uf South- (q) No accessory apartment shall be oc- cupied by more than the number of persons uIations uf die evanty of Suffolk and the laws permitted to occupy the dwelling unit unof the State uf New Ybik - der Section 404 of the Property Mainten- ance Code of the New York State Uniform Fire Prevention and Building Code. hudlit Lo§280-13B(t3)shall,in addition tu B. Uses permitted by special exception by the Board of Appeals.The following uses are permitted as special exception by the Board of filrmvuded 12-5-20t7 by E.E.No.20-20M Appeals,as hereinafter provided,and,except (a) The existing singh�hinfly dwettirig-ur for the uses set forth in Subsections B(1),(13) and(14)hereof,are subject to site plan ap- LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 27t' day of August,2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAV NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; 11-29-1994 by L.L. No. 25-1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L.No. 15-2007; 6-15-2010 by L.L. No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tT-he owner of the- existing sshall eee"yone ofdwelling units as-t..0 owner-'s pr-ineipal ..os,�ee. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 400 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10) years prior to applying for an accessory apartment Jailuary 1, 2nn�, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory apartment shall contain no less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] Th ov,%er of the p emises shat e-e1 py Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the „wfierl ;pal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: D. Rental permit for ments. Notwithstanding any prior- eetifse of eenduet or per-Enission gmated, — em— of pr-opei4y shall cause, permit, or allow the eeeupaney or-use- of an aeeessery apaftmei-A ereated pursuant to § 280 13A(6) or § 280 13B(13)without a Vali rental pei!mit issued upon applioation to the Chief Building lnspec4en jAdded 6 15 2010 by L.L. No 2 20101 (1) Content+ appi' +'on. A app1' t' for a rental� r - mit or for renewal of a rental pei'Tni+ shall bear-the notarized sat,.ro of towner- .1 eentain the felle ing infefmatiene- (a) Thename, date f b. A telephone number of the owner..1 (b) The address of the subjeet prepefty ineluding street address and Suffolk County Tai Map n*mben (e) in the event the e > > limited liability eompany or other-business entity,the name, address and telep e number ofeaeh prineipal, r, r aAner or-member ef such business. C The ( ) andtelephone (s) of all tenants. / YJ of the •,s between evaier- and tenant. (f) A eep5 f tl, rt'f to eeeupt' eerfifie-ate f eeeupaney for property. dwellewnar- aecesseing ell; (2) � .rrtrt with existing r. ..b.rll / J. �� m rVe family addition to the infoFmatienrequired in § 280 13D(l)(a) tb,re,,g (f) provide rA! L111Vu�,11 �1/., NiV r1u� u vith all ef the previsions of the Cede of the To Of S the laws and sanitary and housing regulations of the Cou-pAy of Suffolk anEl 7 thelaws f the State of Now York. to R 280 13B(12) shall, in addition to the inn rmnt;err required �( �V V 1 1:«11 § 280 1310)(.) Z through(f) pr-ov ,a a rt•f tier, that: [Amended 12 5 2017 by L.L. No. 20 20171 ) The existing single family dwelling the aeeessofyapartmeRt in the aeeessoFy strueture is r i7 byowner- cthe s the is rine pui 1 reilu;.le�ur e (b) The other dwelling t on the s bjeet p erty is to be VeeuN Y member or- an individual who is euffently on the Southold Town Aff-er-dable Heusing Registry and eligible for placement. (e) Rents 1, a t } t� the A rr 1.1 Housing Registry b, 11 of e x +l •� a��.�w charged ... ... ��--_..�_.-_..--- �___ _---__'"-_--- rentestablished by the Tewn Board annually puf .lnt to § 280 30 of thisCode J (d) The dwelling •}is in mplinnee with all of the a f the Cede f the r- the laws and sanitary and housing regulations of the County ef- Southold, Q ff 11 .l the laws of State of New Yer-kc— III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 16, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE AUGUST 8,2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. TOWN CLERK COPY suFFot� ELIZABETH A.NEVILLE,MMC �O� CD�y Town Hall,53095 Main Road TOWN CLERK = P.O.Box 1179 Southold,New York 11971 coo REGISTRAR OF VITAL STATISTICS • Fax(631)765-6145 MARRIAGE OFFICER ,f. �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 0,( , �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 22,2019 Re: Resolution No.2019-659 "A Local Law in Relation to an Amendment to Chapter 280 Zoning, in connection with Accessory Apartments in the Town of Southold. Southold Town Planning Board Southold Town Hall 53095 Main Road ' Post Office Box 1179 Southold,New York 11971 Dear Mr.Wilcenski, The Southold Town Board at their regular meeting held on July 16,2019 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:OOP.M.Tuesday,August 27, 2019. Please do not hesitate to contact my office if you have any questions. Very truly yours, Eliza th A.Neville Southold Town Clerk Enclosures cc:Town Board Town Attorney TOWN CLERK COPY ELIZABETH A.NEVILLE,MMC ®� ®G Town Hall,53095 Main Road TOWN CLERK �� y� P.O.Box 1179 Southold,New York 11911 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER ,�, ® ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16, 2019 Re:Resolution No. 2019-659 "A Local Law in Relation to an Amendment to Chapter 280 Zoning, in connection with Accessory Apartments in the Town of Southold. Sarah Lansdale,Director of Planning Division of Planning and Environment Suffolk County Dept.of Economic.Development&Planning P.O.Box 6100 Hauppauge,NY 11788-0099 Dear Ms. Lansdale, The Southold Town Board at their regular meeting held on July 16,2019 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Suffolk County Planning Department's recommendation with regard to this proposed local law and,forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review and recommendation. The date and time for this public hearing is 7:00 P.M.,Tuesday,August 27,2019. Please do not hesitate to contact my office, if you have any questions. Very truly yours, R Eliza eth A. Neville Southold Town Clerk Enclosure (1) cc:Town Board Town Attorney ssu RESOLUTION 2019-659 ADOPTED DOC ID: 15430 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16, 2019: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 27'h day of August,2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard, and be it further RESOLVED that the Town Clerk is authorized and directed to forward the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. The proposed Local Law entitled,"A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2.2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusivelv by tThe owner of the Resolution 2019-659 Board Meeting of July 16, 2019 dwelling shall occupy one of the dwelling units as the owner's prineipal �� . The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 1-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment T,,,,, ary 1, 2nnn� or proof of legal occupancy prior to that date. (g) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwellinlz unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L.No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L.No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L.No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The ^ of the p shall occupy Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the ;p l Fesidenee. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: pe—ission granted, no owner- of propei4y shall eause, permit, eF allow the eeetipaney or-use of an aeeessor-5, apartment efealed pursuant to § 280 13A(6) or- § 280 13B(13) withei ,lid ,-ental ;t , ed upon pli .,t;^, to the Chief Building i ..t! 1 A molded 6 �C_ ICCIIJ� 111 JlJliliLVl. �AlR 4l.0 V 1✓ No. 2 20m pennit shall bear the notar-ized signatur-e of the owner-and eontain the foll Updated: 7/17/2019 12:50 PM by Lynda Rudder Page 2 a ' Resolution 2019-659 Board Meeting of July,16, 2019 infefmations (a) The name,, date ^L. of birth and telephone one nuZi bver-of m6 owner-. Tax Map number-. (e) T„ the o fit the 0 Y-atie, p ai4 ,•s1,;,. limited liability . \V/ 111 L1lV V V,V11L L11V V VY,11V1 1J U VV11J Vl ULl Vi� , other-b €s i ,the name, addfe$sand tele-j313eize number- of caeh ov icr (d) The e(s) and telephane i+umber-(s) of all ten (e) A eopy of the-leas--�tgree�e�tt b€tom=Eel er-and ten-- the pr-epeft. (2) The em%er-of an accessefy apaftment within an existing one family dwelling shall, i addition tohe ;�=atierequired n-§ 280 13D(l)(a)tl3feugh (f), provide -a eer-tifieation that the existing dwelling or-aeeesser-y apartment is —apie I by the owner- UUU L11U1 L11V 7.J1 V1111JVJ ls.*.. eomplianee with all of the pr-evisions of the Code of the l„ 1Vvrlof Seuthold,,4he Suffolk ,7 the laws f the c+ + f N v t c. (3) The owner-of an aeeessory apaftment in an accessory stmetur-e lawfully existing „+to R 140 13B(1 2) shall, addition to the ;Y.Yf.,,-Y,.Y.+;..,.Y re in P 140 2./U1JUU11L LV � 6.VV 1✓L`� ' 11(11(.,1 thf, 7 o that: 1 A..,.L,,ded 11 G 101'7 b L.L. No p_�p���a�7-crso , A'E'�cce—�Ee-�t�Eatl- .ecu--rte-o 20-20� 1 (a) The existing single family dwelhiig or-the accessory apaftfneR4 in the aeeessef�,Y JLl UVLLUV 1J VVV up1Vu by the Vvvnli~• o (b) The other-dwelling unit on the subjeel pr-opeAy is to be oeeupied by either-a family member- A ' dual who is euFfently on the Southold To A ff-er-dable- 11V UJllls Registr-5,and eligible for plaeemen4. (e) RepAs ehar-ged to a tenant ffem the Affor-dable Housing Registry shall not exe the rent established by the Toyffi Board affflually pursuant to §2280 1v— 0�0F of this code.. (d)Th€ dwelling Y nk is in eemplianee zith-aall'of the provisions of the Code of the T.,.,,YY of Seu41,,.1.7 the laws and s ita-.. .,n housing r „l.,tions of the (''euii y of 1VYY ll Vl IJV UL11V1U, L11V laws Uu Su -elk:and the laws of the State of 14e vv-Yv llr III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Updated: 7/17/2019 12:50 PM by Lynda Rudder Page 3 0 Resolution 2019-659 Board Meeting of July 16, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AWES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell ;p Updated: 7/17/2019 12:50 PM by Lynda Rudder Page 4 Neville, Elizabeth From: Silleck, Mary Sent: Friday,July 26, 2019 10:09 AM To: Neville, Elizabeth Subject: RE: Legal Notice Accessory Apts Ok thank you --- - — From: Neville, Elizabeth Sent: Friday, July 26, 2019 10:05 AM To: Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Born, Sabrina; Doroski, Bonnie; Rudder, Lynda; Smith, Jennifer Subject: Legal Notice Accessory Apts Mary, This has not yet been advertised. It is scheduled to go to the newspaper next Friday, August 2, 2019. But, we will await further direction from the Town Attorney's Office before sending it. Betty Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 r � 7 Southold Town Board - Letter Board Meeting of July 16, 2019 RESOLUTION 2019-659 Item 4 5.33 "l ADOPTED DOC ID:•15430 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16, 2019: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoninjj, in connection with Accessory Apartments in the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local,Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 27111 day of August, 2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard, and be'it further RESOLVED that the Town Clerk is authorized and directed to forward the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" _ BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80,-R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; I 1-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] Generated July 19, 2019 Page 49 Southold Town Board - Letter Board Meeting of July 16, 2019 (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the existing dwelling shall oceup), one of the dwelling units as the owner's pr-ineipal r-esiucZice. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 44, 00 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment anu r),1,2 or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and BuildinIz Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- 1994 by L.L.No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L.No. 26-1998; 10-25-2005 by L.L.No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 45-0 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner-of the premises `hall eeeu- Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the ^,,ner-'s pnneipal fess e The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: Generated July 19, 2019 Page 50 Southold Town Board - Letter Board Meeting of July 16, 2019 D. Rental permit fer-aeeesser-5, apaAments. NetwiIhstanding any prier-course ef eenduet e > > or-allow the eeeupaney or-usevalid rental pennit issued upen -a n,:,n 1.i PV A-t i A-n We f-Twe Chli-ef-Building inspeeten [Added 6 15 2010 by L.L. No. 2 2010j peFmit shall bear-the notarized signature of the owner-and eentain the following i (.,) The me,dateofbel telephone number-of theowner-. (b) The address of the subjeet pr-eperty including sir-eet address and Suffolk Geunty Tax Map numben (e) in the event the owner-is a > > limited liability eompany or- > L e name, , prineipal,offer, shareholder-, Yarm,. or-Fnember-ber- ,f such b--.*..-..,. (d) T♦�Ahe „ a,,.7 telephone a,, telephone „ ,, be-!sl of all tenants. (e) eepy of the leaseagreementbetween owner-and tenani. (.) .. .,:t,j' ..f,.,., .,...,.1..,..v., .,. ..cecrpuncy-eipreexisting ccrcrncurc-vrvccaPnricyzvr the pr-OPorr, (2) The owner-of an aeeessei-j, apai4ment w4hin an existing one family dwelling shall, in addition to the i f^ .,+; o uired § 280 1271(11(.,1+u 1, /41 d ....avis w uiv ...�....�........,���..:i......0 .. � ..v.v i.�y�i��.a� vu�u �i��Yavviuea eertifieation that the existing dwelling or-aeeessory apai4ment is oceupied by the oyffief and that the pr-einises is in eemplianee ;+b, A of+1 provisionsof t1, Code f 1, Town of Southold, the !a-ws and sanitar-y and housing r-egulations of!he Geunty o S a�f�rr-elk and laws of the State of New Yer4r. pursuant to f 280 13B(13) shall, in uuui+uien to the ;,f,r ,atien required i ; 180 13D(l)(a) through , pfovide a eer-tifi^ At. [Amended 12 5 2017 by L.L. No. 2020171 (a) The existing single- family dwelling or-the aceessery apartmerA in the aeeesser-y rtr +„ is oeeupied by theowner- s+l, i l Lb,l The other dwelling unit o the subject r e-t y is+ b, ed 1, either- family �..� ..... .......... dwelling.....�.b ...�..v ..... �.... .�...�....�rrvp,,.�� i.� w vv v�.�.uYt�. �„fiber di, +1,. the Southold T.,,,.,-, A f- ,•,7able i�G7riYitrt-,tiro-iiiv'r�oYttdztt-S�YTe�'s c ciir�im�-oirrrrG�7 eu ipnTapY� Housing Registry and eligible fei:plaoeBiepA. Housing dwelling RegistFy shall not exeeedthe i!ent established by the Tew-B BE)ar-d annually pursuant to § 280 30F of thi-s unit is in eefflplianee with all ef the pfovisiens of the GOde Of theTown of Southold, the laws and sanitafy and housing b Suffolk and thelaws of the State ofrNew-YoAE. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Generated July 19, 2019 Page 51 Southold Town Board -Letter Board Meeting of July 16, 2019 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell .4 Generated July 19, 2019 Page 52 Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kpersic@timesreview.com www.timesreview.com From: "Rudder, Lynda" <Ivnda.rudder@town.southold.ny.us> Date:Thursday, August 1, 2019 at 1:33 PM To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <fames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio town.southold.nv.us>, Louisa Evans <Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville town.southold.nv.us>, "Noncarrow, Denis" <denisn@southoldtownnv.gov>, "Norklun, Stacey" <Stacey.Norklun town.southold.ny.us>, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet town.southold.nv.us>,William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marys@town.southold.nv.us> Cc: "Tomaszewski, Zachary" <zact@southoldtownny.gov> Subject: Chapter 280 Accy Apts for publication Please publish in the Suffolk Times 8/8/19 edition and the Town website. 2 Rudder, Lynda From: legals <legals@timesreview.com> Sent: Thursday, August 1, 2019 3:29 PM To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Tomaszewski,Zachary Subject: Re: Chapter 280 Accy Apts for publication Attachments: Ad_Order_Form[3].pdf,Ad_Image_Preview[2].pdf Hello, This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. legals@timesreview.com TV,M1U-5 "1EViEw MEDOA GROUP Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kgersic@timesreview.com www.timesreview.com PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. RE.VIEVW MENA GROUP 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,July 22, 2019 11:23 AM To: Donald J.Wilcenski; Eisenstein, Mary;James H. Rich, III; Lanza, Heather, Martin H. Sidor; Michaelis,Jessica; Pierce Rafferty;Terry, Mark Cc: Burke,John; Doherty,Jill; Doroski, Bonnie; Duffy, Bill;Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Subject: Emailing: LL Re_20190722105935 Attachments: LL Re_20190722105935.pdf Importance: High Attached, please find Planning Board referral of Local Law concerning Chapter 280 Accessory Apartments. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext.228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: LLRe_20190722105935 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ® www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 SECOND REQUEST PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to an Amendment to Chapter 250, Zoning, in connection with Accessory Apartments in the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date Please print name Title ELIZABETH A.NEVILLE,MMC tiy® �/ E . :iTgyv3i+�F li>"6�Q9i-Main Road TOWN CLERK P.O.Box 1179 co JAo2t3ol4,feq,.-2� 11971 REGISTRAR OF VITAL STATISTICS 5 • Fax(631)765-6145 MARRIAGE OFFICER '�N Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA illage of Gr e ort 0/Vo C7)// Signature, Rec i d Date Please print name Title ®�oguFFO(��® ELIZABETH A.NEVILLE,MMC �� l/y Town Hall,53095 Main Road TOWN CLERKo P.O.Box 1179 CO2 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ip • .F Fax(631)765-6145 MARRIAGE OFFICER �� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.( `t►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: own of Riverhead own of Shelter Island Town of Southampton kKouthold Building Dept uthold Planning Dept Southold Trustees Southold Assessors. 4outhold ZBA Village of Greenport Signature, Received by Date Please print name Title I Ln nj • 'Jim T • - Y S C3 h f; ��jj}}^^✓✓,,jj�,, %� 'xzs O • {{"" yn���• y`.:a ;""` • sf {�{}'r N �, ijl {�,^Ry -' _ �'P £... '� .) � � � •� l-��a.�;° � :5� L;"'� L'r.^x L �:...Srs/S„gJ''-tea rq 0- Postage $ i} _ 171- Postage $ Ln Certified Fee rq \� Certified Fee �© �� ark -t Po6ii�rk rR r-R Return Receipt Fee �� are ; Return Receipt Fee dere (Endorsement Required) C3 (Endorsement Required) C3 Restricted De Uvery Fee t f J- o Restricted Delivery Fee S �•.^�'ti•-•� , (Endorsement Required) (Endorsement Required) p --�v`�` O t �`�.�✓J •a Total Postage&Fees -0 Total Postage&Fees J C3 - — - a Sarah Lansdale, Director of Planning � C, Seni --.T-�__. _ - c3 Division of Planning and Environment O srra SC Dept.of Economic Development and Plannin r R Street,Apt.No. 1 O or P 0 or PO Box No. --- .q 1• ---------------------- ff P.O. Box 6100 �'`- --------------- -------- ---- P.O. -- c, ary,srare,zl s 1 ( 1702— Hauppauge, 02Hauppauge, NY- 11788-0099 1� ELIZABETH A.NEVILLE,MMC �I'�,`��?'y ,>;<�°;'�r�� ''� Town Hall,53095 Main Road TOWN CLERK { �; #. 't��� � ;$; P.O.Box 1179 it Southold,New York 11971 REGISTRAR OF VITAL STATISTICSr } i,c1 {la{ 'E j' Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ',�, J Mz'^� 1titi'"r✓;`' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to an Amendment to Chapter 280,ZoninLy, in connection with Accessory Apartments in the Town of Southold Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village f Greenportr, Signature, Received by Date LL. Please print name Title RECEIVE® JUL 2 5 2019 Southold Town Clerk ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road P.O.Box 1179 TOWN CLERK d cn .s Southold,New York 11971 REGISTRAR OF VITAL,STATISTICS Fax(631)765-6145 ; �' s MARRIAGE OFFICER t's 4'�j'r Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall,53095 Main Road, Southold,NY: A Local Law in relation to-an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town'of Southold Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village Qf Greenport Signature, Received by Date JM'�Ca Please print name Title ELIZABETH A.NEVILLE,TdMC ' ` - _ R Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS # Fax(631)765-6145 MARRIAGE OFFICER ,• , V Telephone(631)765-1800 RECORDS Mr'1NAGEMENT OFFICER 'Olt ,"111 r' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to an Amendment to Chapter 280,Zoning, in connection with Accessory__ Apartments in the Town of Southold Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Auk a4: P-0) Signature, Received by Date �s6 r Please print name Title t 0,;109,• 2019 08: 39 6-17493433, - I TOIJf l --LEF''[ F'AuE 01 ELIZABETH A. NFVTLLE, MMC � Town Halt, 53095 Main Read TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS % Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765.1.800 R>✓CORDS MANAGEMENT OFFICER maw u-ww.southoldtownriy,gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 SECOND REQUEST PT.EASE TAKE NOTICE that the Town Hoard of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Taws listed below on August 27, 2019 at 7.00 pm at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to an Amendment to Chapter 200, Zoning, in connection with Accessory ApartmCnts in the Town of Southold Please_sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Qclntartmot, 7 4gpkyUu, Elizabeth A. Neville Southold Town Clerk Attachments CIC: Suffolk County Dept of Planning Lang Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold PJanning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Reo rved b Date Please print 6mc I Title ELIZABETH A.NEVILLE,MMC � , Town Hall,53095 Main Road TOWN CLERK ;�- « . '` P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS - Fax(631)765-6145 MARRIAGE OFFICERS Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��''' FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25,2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27,2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to an Amendment to Chapter 250, Zoning, in connection with Accessory Apartments in the Town of Southold Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport ;?k 07 Signature, Re ived by Date Please print name Title ELIZABETH A.NEVILLE,MMC d f `� " Town Hall,53095 Main Road ", m :. TOWN CLERK k; !''` "." '" = 1i P.O.Box 1179 ,,ii u� '•! ,�., Southold,New York 11971 •. � rye 4:, REGISTRAR OF VITAL STATISTICS ,�� -� �.. Fax(631)765-6145 ty„tet V f ` MARRIAGE OFFICER '.> `�°r+;+ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER a1 ?' � ;i3 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER e_e OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to nnAmendment to Chnpter180,Zoning, in connection with Accessory Apartments in theTown of Southold Please sign this letter and return to me at your earliest convenience. Thank you., Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA � �Villaga of �ree�i Byrd` I r ,LW Z 1 S•ignati,re, Received by Date ao �l ���.��r� CI S- T ill y Please print name Title ELIZABETH A. NEVMLE, AIMCTown Hall, 53095 Nlrdn Rnad P.O.Box 1179 TOWN U'LETE M , Southold,Now York 11,971 T'[3TRAP,OFVITAL 8TATTSTICIS Fax(031)765-610MARM-40E OPPICER IPA/- f WepJionp(6,91)765.1800 R];,'C 0 R D S M AN A OR M EN T 0 F F J G1 M t F RREDONT OF INFORMATION OFFTC1," OKFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Rily '25, 2019 PLF,ASFIAKJM)TICE that the'I'mmi Board oftlic "I'oNvn of'Southold will hold PLIULIC REAWNGS on the proposed Local Laws Its-ted below on August 27, 2019 at 7:00 pi-nat the Southold Town Hall, 53095 Maid Road, Southold,NY: A Local Law in ,-elation to an Amendment to Cha ter 280 Zo)1injf, in connection witt,i�ccessor ApartmenIs W the Town of Southold Please sign this tQltc.r and return to nic at you, catlicst convenience. 'Thank YOU. '1lizabctb A. Novillu Sbutliold 'l'uwn Clerk Attachments CC, Suffolk County Dept of,'planning Lotig Island State Park Commission Email: T'owi of Riwthead Town of'Sli)ter Wand T,)\,\,n of Southampton Southold Building Dcpt Southold Plannin Dept Southold 'Trustees '30110old Amossot , Southold ZBA age r1rc.enp vt signalDatel c, Received by--' 1,ilk-2- COMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ant ■ Print your name and address on the reverse X dressee I so that we can return the card to you. ■ Attach this card to the back of the maflpiece' • B. Received by nied N C.Da delivery i or on fie front if space permits: 1. Article'Addressed to: D. Is delivery address diff n from de a,% I - _ If YES,enter delivery a dr below: o I Sarah COnsdale, Director of Planning i Division�f Planning and Environment PS SC Dept.-of-Economic Development and Planning i j P.O. Box 6100 // 1 Hauppauge,-NY 11788-0099 3. Service Type ❑Prionty Mail Express® II I II IIII IIII III I II I II II II I I II II I IIII I I II I III wertifled Ma(aM ❑ eletryled Mail*"° ❑Adult Signature Restricted Delivery ❑R istered Mail Restricted ❑Certified Mail Restricted Delivery ❑Return Receipt for 9590 9402 2925 7094 3450 64 CI Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmatioom Q,_A,iir_la Nccmher_frransferafro1.SelViCe label�_,; ❑If.uiea Mad`•• % ,! , ':1 ❑Signature Conl'umation l 3`7 0 10`,'1, 6 '0 D ], =1'5'71.'0 9'D 5}� ❑Insured Mall Restricted Delivery t t t l Restricted Delivery i -: •i (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE SECTION • ON I rEomplete items 1,2,and 3. A 1 rint your name and address on the reverse ❑Agent o that we can return the card to you. _ ddressee ttach this card to the back of the mailpiece, • R y rioted Nam elivery or on the front if space permits. 1.^Article Addressed to- �i D. Is deliverya ress diffee!!t)1q 91M s I If YES,enter delivery ❑N I �af.�r' z�+nt l.a.l� QL �e�c,�.r� i ��,_� U � 'I�abylov9 N\( I1"I6� i 3. Service•Typ@, ❑Priority Mall Bcpress® II I IIIIII III Ili I II I I I II I I III II III II III I ❑Adult'Slgnattini�+:.W ❑Registered Malls I EI•AduR Signature Restricted Delivery ❑Registered Mall Restricted) Certiffe�i ailQ7 `'. Delvvery 9590 9402 2925 7094 345125 tcer w%b�'atl Restricted Dellvery. ❑Return Receipt for 4 ❑colleton,Dellvery Merchandise 2. Article Number(r SeJYlce Ip4eU ❑Colleflt on Delivery Restricted Delivery ❑Signature Confirrriat onm -„ ❑Insured Meil D Signature Confirmaflon ' 7010 1 E6� 'D D pp 3 ❑in I '``t `p�ii' i Restricted Delivery--- r -,' If !-!! lit p ! !! 1 ! i� 1 W Form 3811;July 2015 PSN 753(0=02-000-9053; 'Domestic Return Racalpt i �{gay TH �q,7 VI MM X• � ` Town Hall,53095 Main Road ELIZABETH A Y$Ae l�E W YLLE� 19�1i'AC d; 4$2* - TO WN CLERK P.O.Box 1179 1 REGISTRAR OF VITAL STATISTICS r x(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 25, 2019 SECOND REQUEST PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on August 27, 2019 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Lav in relation to an Amendment to Chanter 280, Zoning,in connectionwith Accessory Aparime'nfsIn the Town of'Southold Please sin the.dul2ficate of this-letter and return to ane-at�: our earliest eonvenience in the self-addressed envelo e. It is imperative That you return this meei twhether you are an outside entity or a Town Department.Thankyou. MT :=> Elizabeth A.Neville Southold Town Clerkr .$ Attachments Long Island State Park Commission cc: Suffolk County Dept of Planning Email: Town of Riverhead Town of Shelter Island T of:Sou anon Southold Building Dept Southol'` Plannid ng Dept "'-" �` Southold Trustees Southold Assessors Southold ZBA Village of Greenport Ln Signa e, eceived by Date d�� G11 Title Please print name