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HomeMy WebLinkAboutLW Revitalization Coastal Consistency Review OFFICE LOCATION: �� SUUjyO MAILING ADDRESS: Town Hall Annex �� lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd.;&Youngs Ave.) Southold, NY 11971 G • Q Telephone: 631 765-1938 00 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold'Town Board Elizabeth Neville, Town Clerk From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date: March 31, 2021 Re: Local Waterfront Revitalization Coastal Consistency Review for a Resolution Number 2021-234 Local Law in relation to Chapter 280 Zoning, Corner Lots and Resolution Number 2021-235 Local Law in relation to Chapter 280 Zoning,Accessory Recreational Uses. The 2021-234 Local Law in relation to Chapter 280 Zoning, Corner Lots and Resolution'Number 2021-235 Local Law in relation to Chapter 280 Zoning, Accessory Recreational Uses was reviewed to the Southold Town Local Waterfront Revitalization Program (LWRP). Based upon the information provided to this department, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney ELIZABETH A.NEVILLE,MMC �� r/y Town Hall, 53095 Main Road TOWN CLERKC P.O.Box 1179 y Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p ` Fax(631)765-6145 MARRIAGE OFFICER � Q Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( `1►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 30, 2021 I V E D FI-- —-- Re: Resolution Number 2021-234—A Local APR 012021 Law in relation to Chapter 280 Zoning, Corner Lots and Southold Town Planning Hoard Resolution Number 2021-235 —A Local Law in relation to Chapter 280 Zoning, Accessory Recreational Uses Mark Terry, LWRP Coordinator Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Dear Mr. Terry, The Southold Town Board at their regular meeting held on March 23, 2021 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to these proposed Local Laws and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing. This proposed local law will also be transmitted to the Southold Town Planning Department and to the Suffolk County Planning Department for their review. The date and time for these public hearing is 7:00 P.M., Tuesday, April 20, 2021 and May 18, 2021 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Lynda M Rudder Southold Deputy Town Clerk Enclosure cc: Town Board Town Attorney 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 231h day of March, 2021, a need for amendments to the zoning code; and NOTICE IS HEREBY FURTHER GIVEN, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning" 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 20th day of April, 2021 at 7:01 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" reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to address issues concerning corner lots. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 280-4 Definitions. LOT, CORNER A lot situated at the junction of and abutting fronting on two or more _ streets where theinterior-angleof iter-seetio does not exceed 1352;A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. YARD, FRONT An unoccupied ground area open to the sky between the s4eetc line, or between the street line established by the Offieial Map of the Town or an approved subdivision plat, and a line dr-avffi parallel thereto. Emeept, if the owner- of the lot does not have the right to use or tfavel ever a bordering t @t,-right of way or- street line, the side of the lotc bordering th pai4ieular-st-feet, right ef-way or-street line shall not be eonsider-ed te be a fient yafd, ti. for-the zoning a' t,.:^t within,,-hie , it is loe tea.on the same lot with a building or structure extending the full width of the lot and situated between the street line and the front line of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building or structure and the street line. YARD, PRIMARY FRONT For principal structures located on corner lots, that portion of said corner lot which has frontage upon one of the streets on which the lot is located and is identified as the primary front yard on plans or by physical layout. YARD, REAR An unoccupied ground area fully open to the sky between the rear-let line and , line drawn parallel ther +^. on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the main building or structure. In the case of corner and through lots as defined in this chapter, the rear lot line shall be opposite the primary front lot line. YARD, SECONDARY FRONT For principal structures located on corner lots, that portion of a corner lot which has frontage upon one the streets on which the lot is located and which not identified as the primary front yard, shall be deemed the secondary front yard. YARD, SIDE An unoccupied ground area fully open to the sky between any property line other than a street or#ear- lot 1hie and a line dr-avffi parallel thereto between the ftei4 and r-eaf yar- on the same lot with a building or structure extending from the rear line of the front yard to the front line of the rear yard and situated between the side line of the main building or structure and the adjacent side line of the lot. In the case of corner lots, as defined in this chapter, lot lines opposite a secondary front lot line shall be deemed a side yard and shall have a minimum width equal to the minimum sideary d requirements of the zoning district in which located. § 280-105 Height of fences,walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height. When located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards,the'same shall not exceed 6 1/2 feet in height. C. When located in or along a secondary front yard the same shall not exceed 6 1/2 feet in height and shall be set back from the secondaryfront line no less than 10 feet. DE. In residential and nonresidential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria: (1) When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. (2) When located in or along a secondary front yard the height of the deer fence shall not exceed eight feet in height and shall be set back from the secondary front yard line no less than 10 feet. (2( ) Specifications for construction of deer exclusion fences: (a) - Fencing fabric: high-tensile, woven wire fence fabric with graduated opening. (b) Spacing between posts: 20 feet. (4) Deer fencing is prohibited in or along the front yard or primary, front of any property. § 280-106 Corner lots. A. On a eemer-let, ftepA yards are requir-ed on both street fronlages, and one yard othef tha the f..,.,*y ar- shall be deei e to'be a yard, and the other-o `.dyers side yards. AB. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic. § 280-124 Nonconforming lots. A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under § 280-9, are nonconforming and have not merged pursuant to § 280-10. B. Such lot shall be required to meet the following: Area '(square feet) Lot Coverage Front (feet) Side (feet) Yard Both Rear (feet) Sides (feet) 200,000 to 399,999 5% 60 30 60 100 120,000 to 199,999 10% 60 30 60 85 80,000 to 119,999 20% 60 20 45 75 60,000 to 79,999 20% 55 20 45 75 40,000 to 59,999 20% 50 20 40 60 20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 10 25 35 C. Nonconforming lots with primary and secondary front yards shall.be required to meet the following: Area (sq feet) PrimarFayard SecondaryFyard Side yard Less than 20,000 35 25 (15) 10 20,000 to 39,999 40 30 (20) 15 ZONING 280 Attachment 3 Town of Southold Bulk Schedule for Residential Districts Column No. u m Iv v vi vn ix x xi xu District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Residential 2-Family Unit where Detached community Dwellings water and in R-80 sewer District available Maximum requirements for I-family detached Dwellings Lot size(square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 160,000 Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot Depth(feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Primary Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Secondary front yard(feed40 35 40 1 40 40 40 1 25 25 35 20 Side yard(feet0 20 15 20 30 30 30 15 15 15 15 30 Both side yards(feet) 45 35 45 60 60 60 30 30 35 30 60 Rear Yards(feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area(square feet per 850 850 850 850 850 850 850 850 850 850 850 dwelling) Maximum permitted dimensions- Lot coverage(percent) 20 20 20 10 5 5 25 25 20 25 10 Building height(feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2'/2 2'/2 2%2 2%2 2%2 2 2 2'/2 2%2 2%2 2%2 2%2 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 after filing with the Secretary of State as provided by law. 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 231h day of March, 2021, a need for amendments to the zoning code; and NOTICE IS HEREBY FURTHER GIVEN„ it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning" 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 18th day of May,2021 at 7:01 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" reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to address issues concerning accessory recreational uses. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words as follows: § 280-13 Use regulations. 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: (15) Recreational uses. A Permitted recreational uses include but are not limited to, uses such as tennis courts; pickleball courts; volleyball courts-, paddleball courts-, basketball courts; shuffleboard courts; playgrounds;jogging hiking; outdoor ice skating rinks; outdoor skateboard/roller skate facilities; football baseball soccer playing fields, and the like provided the following criteria are met: (1) the use is accessory to a community center or other not-for-profit use; (2) the recreational use is located on or within 200 feet of, the parcel with the principle use; (3) the use shall be for the use of theeg neral public; (4) the subject property on which the recreational use is to be located must be owned by a community center or similar not-for-profit corporation, or subject to a lease by the community center or not-for-profit corporation for a period of not less than 10 years; (5) the recreational use shall be subject to special exception approval by the Zoning Board of Appeals; '(6) the following activities are prohibited: a. private events leagues private clubs organization activities or other uses which exclude participation by theeg neral public b. the charging of a fee for use of the facility c. Retail sales, including the sale of food d. Outdoor lighting (7) the following shall be permitted as part of the recreational use: a. benches b. viewingstands; tands; c. Kiosks 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 after filing with the Secretary of State as provided by law.