HomeMy WebLinkAboutLL #12 2023 I �
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA KATHY HOCHUL
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY'12231-0001 ROBERT J. RODRIGUEZ
HTTPS://DOS.NY.GOV SECRETARY.OF STATE
June 16, 2023 RECEIVED
JUN 2 6 2023
Sabrina M Born
Deputy Town Clerk
Town Hall, 53095 Main Road Southold Town Clerk
PO Box 1179
Southold NY 11971
RE: , Town of Southold, Local Law 12 2023, filed on June 2 2023—
Dear
023 Dear Sir/Madam:
The.above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NE RK Department
STATE OF
OPPORTUNITY of State
A
. - s
NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 12 of the year 2023 .
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory
Apartments"
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
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 Southold Town Code in regard to Accessory Apartments
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
§ 280-4 Definitions.
B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of
this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with
a meaning as defined in Webster's Third New International Dictionary of the English Language,
unabridged (or latest edition).
APARTMENT
An entirely self-contained dwelling unit consisting of a minimum of 220 square feet of living are containing
complete housekeeping facilities for only one family, including any domestic servants employed on the
premises and having no enclosed space (other than vestibules, entrance hallways or porches) or cooking or
sanitary facilities in common with any other dwelling unit and/or "apartment."
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239-f-I(Rev.04/14)
1
z
§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:
A. Permitted uses.
(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 for the sole exclusive use of the owner or family member as
defined in chapter 280-4 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 accessory apartment shall contain not less than 220 square feet of livable floor area, with no
more than two (2) bedrooms and one (1) bathroom.
(d) The accessory apartment shall not exceed25% of the habitable space of the entire residence
based upon properly certified structures at the time of the effective date of this code.
(e) A minimum of three off-street parking spaces shall be provided.
(f) Not more than one accessory apartment shall be permitted on a lot.
(g) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4
hereof.
(h) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the
existing exterior appearance of a one-family dwelling.
(i) 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.
(j) All conversions shall be subject to the inspection of the Building Inspector and issuance of a
certificate of compliance.
(k) 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.
(1) 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.
(m) Approval by the Suffolk County Department of Health Services of the water supply and sewage
disposal systems shall be required.
(n) 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 a
special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the
Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area:
(13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building,
subject to the following requirements:
(a) The accessory apartment shall contain no less than 220 square feet and shall not exceed 750
square feet of livable floor area and shall have no more than two bedrooms and one bathroom
(e) The entirety of the living floor area of the accessory apartment must be on one floor of the
accessory structure. If established on the first floor, access to any storage area above shall be by
pull down ladder staircase only. The structure must have been certificated a minimum of three
years prior to the establishment of the accessory apartment.
(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:
2
D
Y
[1] One of the dwelling units shall be for the sole, exclusive occupancy of the owner or
family member as defined in chapter 280-4 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:
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.
3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 12 of 2023. of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on May 23 , 2023 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-23 9-f-1(Rev.04/14)
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with theori 'nal on file in this office and that the same is a
correct transcript there from and of the whole of such original local la d was wally adopted in the manner indicated
in paragraph 1 , above. Z/
Clerk of t e County egis ative body, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: May 31,2023
DOS-239-f-1(Rev.04/14)
5
RESOLUTION 2023-505
ADOPTED DOC ID: 19197
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-505 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23,2023:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 281h day of March, 2023, a Local Law entitled "A Local Law in
relation to an Amendment to Chapter 280, Zoning, Accessory Apartments" 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,
Accessory Apartments" which reads as follows:
LOCAL LAW NO. 12 of 2023
A Local Law entitled; "A Local Law in relation to an Amendment to Chapter 280, Zoning,
Accessory Apartments"
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 Southold Town Code in regard to Accessory
Apartments
H. Amendment.
The Southold Town Code is hereby,amended by removing the struck through words and adding
the underlined words as follows:
§ 280-4 Definitions.
B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings as herein defined. Any word or term not
noted below shall be used with a meaning as defined in Webster's Third New
International Dictionary of the English Language, unabridged (or latest edition).
APARTMENT
An entirely self-contained dwelling unit consisting of a minimum of 4-5-0 220 square feet of
living area containing complete housekeeping facilities for only one family, including any
domestic servants employed on the premises and having no enclosed space (other than
vestibules, entrance hallways or porches) or cooking or sanitary facilities in common with any
Resolution 2023-505 Board Meeting of May 23, 2023
other dwelling unit and/or "apartment."
§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
ti to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(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) The owner- of the existing dwelling shall eeeupy one of the dwelling units as the
eymer's „ p l residenee. One of the dwelling units shall be for the sole
exclusive use of the owner or family member as defined in chapter 280-4 The
other dwelling unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
(e) The exisfing one family dwelling shall eotAain not less than 1,600 square feet of
livable f eor
(c) The accessory apartment shall contain not less than 45-9 220 square feet of livable
floor area, with no more than two (2) bedrooms and one (1) bathroom.
(e-)(Q The accessory apartment shall not exceed 4004 of the Tiyable f ler— aro., o theo
:sting dwelling unit anany a,1di fi,,, thereto „-rru;tteu tinder § 280 13B(13)
W/
25% of the habitable space of the entire residence based upon properly
certified structures at the time of the effective date of this code.
(f)(e) A minimum of three off-street parking spaces shall be provided.
(g)(f' Not more than one accessory apartment shall be permitted on a lot.
(1)W The accessory apartment shall meet the requirements of an apartment as defined in
§ 2804 hereof.
(i) (h) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
6)i) 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)W All conversions shall be subject to the inspection of the Building Inspector and
issuance of a certificate of compliance.
(1) The dwelling high ; eenvei4edto r .:ni4 a aeeessery .,„.,rt.v e t shall be,;
tenee ,l be eligible f or-h valid ort;fie to of e ,,aneto january
7 7 or-proof of legal oee 13, ff—to that date.
(m)(k) 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.
(e) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(p)(n) 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
Updated: 5/31/2023 9:34 AM by Lynda Rudder Page 2
Resolution 2023-505 Board Meeting of May 23, 2023
exists.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and subject to
site plan approval by the Planning Board, provided that not more than one use shall be allowed
for each 40,000 square feet of lot area:
(13) One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 45-0 220 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than two
bedrooms and one bathroom
(e) The entirety of the living floor area of the accessory apartment must be on one
floor of the accessory structure. If established on the first floor, access to any
storage area above shall be by pull down ladder staircase only. The structure
must have been certificated a minimum of three years prior to the
establishment of the accessory apartment.
(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] of the pr shall uyeither-the @)dsting single £...�.ily
L Tz-hc-vvrn�vrcrxa� cnzx�c��zx-vcv ...... ...., .. �.....
dwelling unit or the aeeessery apaAment in the detaehed aeeessoi=),
st + ro s the ow-nor-'s pr-incipal r si,aenee. One of the dwelling units
shall be for the sole, exclusive occupancy of the owner or family
member as defined in chapter 280-4 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:
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.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Updated: 5/31/2023 9:34 AM by Lynda Rudder Page 3
F®l 419,
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK ® P.O. Box 1179
c� 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
May 31, 2023
Priority Mail Express EI 011 98? 390 US 3
RE: Local Law No. 12 of 2023
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith a certified copy of Local Law No. 12 of 2023 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
A
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
cc: Town Attorney
DENIS NONCARROW �� ®may 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 rg�
www.
FREEDOM OF INFORMATION OFFICER le IJ V
OFFICE OF THE TOWN CLERK JUN 12 2023
TOWN OF SOUTHOLD
June 2, 2023
fttd 7.bwn Clrk.
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date: 1 9 C
Si ature, Received By
MU �a � �� � Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW �� G� Town Hall,53095 Main Road
TOWN CLERK �' P.O.Box 1179
W Southold,New Y 11971
REGISTRAR OF VITAL STATISTICS 5 ® �� Fax(631)76 C�;jf
MARRIAGE OFFICER �'�® �® Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ! y www.s6utholdtownny.gov
FREEDOM OF INFORMATION OFFICER JUN = �
OFFICE OF THE TOWN CLERK Old r®t1i� +
TOWN OF SOUTHOLD il Clark
June 2, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
ature, Received By `l^
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
���suF�atx�o
DENIS NONCARROW �^+ G.y,. Town Hall,53095 Main Road
TOWN CLERK
o P.O.Box 1179
y 2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 5 ! . Fax(631)765-6145
MARRIAGE OFFICER 4,
' Telephone
MANAGEMENT OFFICER c?,� �,`84 Telephone
FREEDOM OF INFORMATION OFFICER www.southoldtownnygov
765-lSoo
ldt
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280, Zoning,Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
�L ��
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
` Date:
Signature, Rece' ed By
/f I ih4zL-' U—. Title:
Please print name
RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK(
JUN - 6 2023
Southold Town Clerk
DENIS NONCARROW ,\` �, Town Hall,53095 Main Road
P.O.Box 1179
TOWN CLERK
g,.
Southold New York 11971
r Fax(631)765-6145
REGISTRAR OF VITAL STATISTICS c '' .%�,; :,•; t!
MARRIAGE OFFICER 1'Q q� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER • a wwwsoutholdtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2,2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280,Zoning,Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature,Received B
Title: J
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
Oda, Town Hall,53095 Main Road
DENIS NONCARROW '` ..
TOWN CLERK q P.O.Box 1179
Southold,New York 11971
wA`n*�':r �.
REGISTRAR OF VITAL STATISTICS ,csf -� .��� ��" Fax(631)765-8145
MARRIAGE OFFICER �� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2,2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280,Zoning,Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
r
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date: 2 2U2
Signature,Received By
V F.`5 51 CA Title:.( uTNVIA 1 t"i lJ
Please print name �L flNN�t�J(g I'7EPT
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
urFAc -�,
DENIS NONCARROW �,� . Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Q +.. Fax(631)765-6145
MARRIAGE OFFICER _ � ��. Telephone(631)766-1800
RECORDS MANAGEMENT OFFICER www southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2,2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280, Zoning,Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town B.uildingDepartment
Date:
Signatur Received By
Title: �f 604--.
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW �� Town Hall,53095 Main Road
TOWN CLERK
® P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 185 ® Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ��� �� Telephone
FREEDOM OF INFORMATION OFFICER www-southoldtownny.gov
765-1800
www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
�9-- 1'a"'2ayk Date: b o�
Sign ture, Received By
��o VL ( �) Y Title: � ��Y
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RENIS NONCARROW ;' -'?;'"' y `� �" 'Ibwn Hall,53095 Main Road
TOWN CI ERR ti' °ter 1 O. Box 1179
Southold.New fork 11971
REGISTRAR OF VI'{'Al,STA'r1S1'T(;S ? ' y" "' -6
.P ,,,3 t r ,.;•~ �� Fax t63I.}7fi5 145
ALARRUGE OFFICER �� r . <.":" `�'' Telephone;(631)765-1800
R CCOIZDS VTANA(IF,tiIN'N'I'Oli'f-'ICrR
FREEDOM OF TI�FORRLATION OFFICER
w«nv.suutholdtowiuiy.gov
OFFICE OF THE `lI'OAVN CLERK
TOWN OI'SOL;TI-IOLD
June '-), 202
PLEASE..TAU.NOTICI,that 1110'l'owii Board ofthe'l'owu of Srnithold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 284, Zoning, Accessory, Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thant:you.
Denis Nonearrow
'Town Clerk
Attaclunents
cc: Suffolk County Depatlment of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold 'Town Planning Board Southold Toren Trustees
Southold Town Assessors Southold To«'n Board of Appeals
Southold`row.n Building.Department
Date:
Signature, Received I3y _-_ �------ ------------
�� �-•
Please print _n
1)1.;1''1_ICATE TO B SIGNED AND R17,T[iRNEWTO
SOUT'I-lOLD TOWN CLERK
R5
� _ Town Hall,53095 Main Road
DENIS NONCARROW {,-
� P.O.Box 1179
TOWN CLERK
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS .c„. Fax(631)765-6145
MARRIAGE OFFICER _ Q ' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER S ;y wwwsoutholdtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2,2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to an Amendment to Chapter 280,Zoning,Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date: vZ
Signature, �eceived By
Title:
i �
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
SO Fat
%
DENIS NONCARROW W- Town Hall,5309.5 Main Road
TOWN CLERK P.O.Box 1179
C 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
April 14, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on at the Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the 9t' day of May, 2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
i
r � LVA
Denis Noncarrow
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
outhold Trustees
Southold Assessors ZBA
Village of Greenport
Signature, Received by Date
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
RECEIVED
g%3FF01It
DENIS NONCARROW �� Gy A'1-61�rn'"811,205 Main Road
TOWN CLERKp f,_P.O.Box 1179
y Z Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS p �
• �' SC ECO DEQ P9_ANmNG
MARRIAGE OFFICER 'f'
RECORDS MANAGEMENT OFFICER ��,� .#`�O Telephone oldt nny.gov
FREEDOM'OF INFORMATION OFFICER www.southoldtownny.gov
RECEIVED
REECEIVED OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD A P R 1 8 2023
APR 2 5 2023
April 14, 2023 SC ECO DEV & PLANNING
Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on at the Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the 9th day of May, 2023 at 7:00 PM:
A.Local Law in relation to Amendments to Chapter 280–Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.-
Denis Noncarrow
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
4-Z
0—i ure, Received�by Date
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
DENCS NONCARROW �% Town Hall,58095 Main Road
TOWN CLERK P.O.Box 1179
rr Southold,New York 11971
i
REGISTRAR,OF VITAL STATISTICS 1;52'. Pax(631)765-8145
MARRIAGE OFFICER ,A ,"�` Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER G www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
RECEIVE®
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
APR 13 2023
April 13,2023
Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local I.,aW listed below on at the Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the 9'l'day of May,2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
kJL4�
Denis Noncarrow
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 j
Southold Planning Dept ,,� . Southold Trustees
Southold Assessors Southold ZBA
its Village of Greenport
-Signature,Received by • Date
-&OUT#'ArNpZY�!
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
d Town Hall 53095 Main Road
DENIS NONCARROW r.,� x •✓ '
t>• P.O.Box 1179
TOWN CLERK 5: .;. ".
'.:�;. ';; Southold,New York 11971
+ ' ` '� "''� Fax(631)765-6145
REGISTRAR OF VITAL STATISTICS ? • :>
MARRIAGE OFFICER `' . 'lhlephone(631)765-1800
RECORDS MANAGEMENT OFFICER + . www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK RECEIVED
TOWN OF SOUTHOLD
APR 18 2023
April 13, 2023
Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the.proposed LocalLaw listed below on at the Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the,9!h'-day of May,2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
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
A
ignature,Received by Date
i�th1mn (n .
lease print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
COD Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � yam,. Fax(631)765-6145
MARRIAGE OFFICER '�°� '�' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��.� g g www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK RECEIVED
TOWN OF SOUTHOLD
APR 13 2023
April 13, 2023
Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on at the Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the 9`h day of May, 2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
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
-a3
Signature,Received by Date
v
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
DENIS NONCARROW o� G.j� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
CA = Southold,New York 11971
REGISTRAR.OF VITAL STATISTICS p A. �C Fax(631)765-6145
MARRIAGE OFFICER
Telephone
RECORDS MANAGEMENT OFFICER ��,( �a� 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
l'3 's911 r•f ':s.1b�'h1Y i• �.
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
MAY - 5 2023
April 13, 2023
i t:ae .ABd.J J YU4a'4 r 171s
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on at the Southold'Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the 9th day of May, 2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
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
Lq
Signa re, Received by Date
l�i C-'ttr
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
DENIS NONCARROW �� .y Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p .Z: Fax(631)765-6145
MARRIAGE OFFICER WI* ��� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 13, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on at the Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall on the 9'11 day of May, 2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
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 Gree ort
y
Signature,Received by Date
tlease print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
DENIS NONCARROW �,� ' sr Town Hall,53095 Main Road
P.O.sox 1179
TOWN CLERK
CID Southold,New York 11971
REGISTRAR OF VITAL STATISTICS �p
Fax(631)765-6145 I
MARRIAGE OFFICER �° 'F' �' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER.` ' www southoldtownnygov
FREEDOM OF INFORMATION OFFICER RECEIVED
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD APR 13 2023
1
April 13, 2023 Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC, I ',ARI NG on
the proposed Local I.aw listed below,mat the,Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting.Hall on the'9`1 day of May,2023 at 7:00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
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
Vit gef Erre port
S'" store,Receive y Date
r
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
MAP���
DENIS NONCARRROW . Town Hall53095 Main Road
,
CLERK •° : : �'~ P.O.Box 1179
TOWN cam,
:. j
Southold,New York 11971
Fax(631)765-6145
REGISTRAR OF VITAL STATISTICS t� -'
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER wwwsoov
n
FREEDOM OF INFORMATION OFFICER RECEIVED
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD APR 13 2023
April 13, 2023 Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC:°HEARING on
the proposed Local:J,aw isted below on at the'Southold Town Hall, 53095 Main Road, Southold,NY in the
Meeting Hall onIjhe,51"day of'May,2023 At 7::00 PM:
A Local Law in relation to Amendments to Chapter 280—Zoning,Accessory Apartments
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
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 Pl"anriin;Dept Southold Trustees
Squrhold A Asses ors Southold ZBA
ills
13 �3
Signa e,ReceiveDate
.please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK
CHAPTER 280
The purpose of this Public Hearing is to consider certain changes to
Chapter 280 of the Town Code entitled "Zoning, Accessory
Apartments". The proposed changes include a modification to the
dimensional requirements of accessory apartments, number of
bedrooms, percent of habitable space and a modification to the
requirement of"principal residence" to "exclusive use of the owner or
family member".
COUNTY OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Sarah Lansdale Department of
Commissioner Economic Development and Planning
April 25,2023
664
Town of Southold
53095 Main Road MAY —
�
P.O. Box 1179 20�
Southold,NY 11971
Attn: Scott A. Russell, Supervisor o) m"?' 1,-
Applicant: Town of Southold
Zoning Action: Adopted Reso 2023-339
Amend Chapter 280
In connection with"Accessory Apartments"
S.C.P.D. File No.: SD-23-LD
Dear Supervisor Russell:
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,
By Christine DeSalvo
Andrew P. Freleng, Chief Planner
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
Born,.Sabrina
From: Born, Sabrina
Sent: Thursday,April 13, 2023 12:01 PM
To: LL Notice-Suffolk County Planning (Plannin.ugpi9cmyw7vg0oku@u.box.com*)
Subject: Ch. 280-Accessory Apts.
Attachments: Ch. 280-Accessory Apts._20230413115332.pdf
Importance: High
Good Afternoon,
Please see attached above, a Southold Town Public Hearing notice for a Ch. 280 Zoning-Accessory
Apartments set to be held on May 9, 2023.
Thank you,
,�a.�iusa��onvc
Sabrina M. Born
Sub-Registrar& Deputy Town Clerk
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold,NY 11971
Ph: 631-765-1800 ext.,1226
Fax: 631-765-6145
Your message is ready to be sent with the following file or link attachments:
Ch. 280-Accessory Apts._20230413115332.pdf
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
Appendix A - County Referral-Form.
Appendix A—Suffolk County Planning Commission Guidebook
Suffolk1 ' Commission
1 m* ission CoVer1 1 ' 1 1 ! ' Referrals
Municipality: Town of Southold
Hamlet• Local Case Number: ?0237339
District: 1000 Section; Block: Lot:. Local Meeting Date: 5%9/2023
Applicatlon/Action Name:Amend Ch 280 Zoning_ Accessnry Ants. Public Hearing: M Yes ❑ No
Referrifid Aciencv; Typo of Referral: .SEQRA Action:
'❑Planning Board or Commission 0 New ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals 13Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
X Town Board/Village Board of Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action: Amendment to Chapter 280 Zoning, Accessory Apartments
Type of Action Please check appropriate box below if action Is located within the Suffolk County Pine Barrens Zone,within one
mile of a nuclear power plant or airport or within 500 feet of.,
• A municipal boundary;
The boundary of any existing or proposed county,state,or federal park or other recreation area;
• The right-of-way of any existing or proposed county or state road;
• An existing or proposed county drainage channel line;
The Atlantic Ocean,Long Island Sound,any bay in Suffolk County or estuary of any of the foregoing bodies of water,
• The boundary of county,state,or federally owned land held or to be held for governmental use;
• The boundary of a farm located in an agricultural district.
❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision
❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance
N Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/Exception/Conditional Use
❑ Moratorium ❑Site Plan
Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information
• Action Previously Referred to Suffolk County Planning Commission IXYes ❑No (If yes,Date 2/16/2023)
• Adjacent Municipality Notified(see NYS GML 239 nn) 04 Yes ❑No ❑N/A
Located Within Long Island Pine Barrens Zone ❑Yes X No
• Workforce/Affordable Housing ❑Yes A No ❑NIA
• Energy Efficiency ❑Yes X No ❑N/A
Zoning Board of Appeals Approval ❑Yes DO No ❑N/A
Suffolk County Department of Health Approval/Comments ❑Yes M No ❑N/A
• New York State Dept.of Environmental Conservation Approval/Comments ❑Yes M No ❑NIA
New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes 51 No ❑NIA
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑1 ❑II ❑III 1:1 IV ❑V ❑VI ❑VII Q VIII
Contact Information
Municipality Contact Name: Scott A. Russell Superv!sQr
Department/Agency: -Town Board Town of Southold
Phone Number: 631-765-1800 Email Address: denisn@southoldtownny.gov
Applicant Contact Name: Denis Noncarrow,Town Clerk -
Applicant Address: 53095 Main Rd,PO Box 1179,Southold,NY 11971
Appendix A - County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
1Suffolk County • Commission
Su
1 1 1 1 1 A • 1 i / ' R'
Municipality:; Town of Southold
Hamlet: Local Case Number: 2023-339
District: 1000 Section: Block: Lot: Local Meeting Date: 5/9/2023
Application/Action Name: Amend Ch. 280 Zoning, Accessory Apts.Public Hearing: IN Yes ❑ No
Refertlnci Agcrfcy; Tyne of"Ref6irai: .SEdRA Action;
❑Planning Board or Commission ❑New ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
$I Town Board/Village Board of Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action: Amendment to Chapter 280Zoning, Accessory Apartments
Type of Action Please check appropriate box below if action Is located within the Suffolk County Pine Barrens Zone,within one
mile of a nuclear power plant or airport or within 500 feet of.-
• A municipal boundary;
• The boundary of any existing or proposed county,state,or federal park or other recreation area;
• The right-of-way of any existing'or proposed county or state road;
• An existing or proposed county drainage channel line;
• The Atlantic Ocean,Long Island Sound,any bay In Suffolk County or estuary of any of the foregoing bodies of water,
• The boundary of county,state,or federally owned land held or to be held for governmental use;
• The boundary of a farm located in an agricultural district.
❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision
❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance
R Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/Exception/Conditional Use
❑ Moratorium ❑Site Plan
Note;The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information
Action Previously Referred to Suffolk County Planning Commission XYes ❑No (If yes,Date 2/16/2023)
Adjacent Municipality Notified(see NYS GML 239 nn) R Yes ❑No ❑N/A
Located Within Long Island Pine Barrens Zone ❑Yes QQ No
• Workforce/Affordable Housing ❑Yes 0 No ❑N/A
Energy Efficiency ❑Yes W No ❑NIA
• Zoning Board of Appeals Approval ❑Yes N No ❑N/A
• Suffolk County Department of Health Approval/Comments ❑Yes IN No ❑N/A
• New York State Dept.of Environmental Conservation Approval/Comments ❑Yes 0 No ❑N/A
• New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes IA No ❑N/A
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑1 ❑11 ❑111 ❑IV ❑V ❑VI ❑VII ❑VIII
Contact Information
Municipality Contact Name: Scott A Russell Supervisor
Department/Agency: Town Board Town of Southold
Phone Number: .631-765-1800 Email Address: denisn@southoldtownny.gov
Applicant Contact Name:.Denis Noncarrow,Town Clerk
Applicant Address: 53095 Main Rd,PO Box 1179,Southold,NY 11971
BOARD MEMBERS �O��S�FFU��COG Town Hall Annex
Leslie Kanes Weisman,Chairperson 'yam 53095 Route 25,Main Road
Patricia Acampora o P.O.Box 1179
Eric Dantes 115Southold,NY 11971
Robert Lennert,Jr. iy �� Telephone(631)765-1809
O
Nicholas Planamento �Oj �a Fax(631)765-9064
http://southoldtownny.gov
ZONING BOARD OF APPEALS 7��
TOWN OF SOUTHOLD co
�Q
TO: Supervisor Russell and Councilmembers Dorosky, Doherty, Evans,Nappa °
and Mealy Ali o f
FROM: The Zoning Board of Appeals fn e"
RE: Proposed Amendments to Chapter 280, Zoning,Accessory Apartments
DATE: May 5, 2023
Since the inception of the zoning code regulations permitting accessory apartments, first only in principal
dwellings, and later in legally existing accessory structures,the Board of Appeals has been responsible for
receiving applications and granting or denying the required Special Exception permits through a public
hearing process. When the code was changed to permit,accessory apartments in accessory structures, those
in principal dwellings became as of right if certain standards were met. Consequently,the following
comments are directed toward accessory apartments in accessory structures and are informed by our years
of administrative experience.
1. Size and number of bedrooms. The ZBA supports the proposed change in minimum square footage
and restricting the apartment to one bathroom. However, we have seen that it is quite possible to
create two bedrooms in a livable floor area of 750 square feet and now believe that it is in the best
interests of families to allow the choice of either one or two bedrooms. This, along with long term
leases will help promote more rental opportunities for year-round occupancy for those who work
and/or live in Southold Town.
2. One floor location and staircase access. We support the continued requirement that an accessory
apartment only be established on one floor of the accessory structure. To help enforce compliance
and avoid eventual illegal two-story apartments,we suggest adding that if an apartment is to be
created on the second floor, an outside access staircase is required; if created on the first floor, only
a pull-down interior ladder staircase is permitted as access to a second-story unfinished storage
area
3. Eliminating the requirement for principal residence by the property owner. The ZBA supports this
change. Although the Board requires the submission of substantial documentation as proof of
principal residency, it has been challenging to make that determination with confidence in some
cases. Moreover, many property owners have more than one place of residence and we believe
removing this requirement is reasonable as long as the code clearly requires the sole occupancy of
both units on a long-term basis by the property owner and either a specific family member or
someone eligible for or on the Town's affordable housing list. Perhaps code language should be
added to make it clear that once a Special Exception Permit is issued, at no time can either the
primary dwelling or the accessory apartment be rented for less than an annual (365 day) lease and
cannot be listed in any print based or online rental site such as Airbnb.
4. Terminoloay. Since 280-4 defines a dwelling unit as a minimum of 850 square feet,the term
residential unit may be more accurate than dwelling unit. Further,we suggest using the term sole
occupancy rather than sole use which is more open to interpretation in both 280-13 (A) and (B)
5. In summary we respectfully suggest the following language for 280-13 B M [11:
,The existing single-family dwelling unit or the accessory apartment in the detached accessory
structure shall be occupied solely by the owner of the premises. The other residential 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, or an individual who qualifies for or is currently on the
Southold Town Affordable Housing Registry and eligible for placement.
6. Transferability. The Board requests that the Town Board consider whether or not a legally
established accessory apartment in an accessory structure should be transferable when the property
is-sold'to a new owner and prepare code language to address either scenario. If principal residence
is eliminated as a requirement for a Special Exception Permit,then transferability may be feasible
without another Special Exception Permit Application by the new owner as long as they are also
held to the same standards of occupancy and rental.
7. Enforcement. Finally, the Board is well.aware of the problems of enforcing the requirements for
this section of the code and would encourage discussion about establishing methods for ensuring
compliance. This code is intended to support affordable housing resources for community
members, and not as investment opportunities for property owners. Enforcement will be critical if
the intent of the code is to be successfully upheld.
Thank you for the opportunity to address the Town Board on behalf of the Zoning Board of Appeals.
i
Leslie Kanes Weisman
Chairperson/Department head
i
b 10e47e9-5 664-47d9-81cb-08b5 bc09 6d4d sabrina.born@town.southo Id.ny.us
i
AFFIDAVIT OF PUBLICATION
I
The Suffolk Times
State of New York,
i
County of,Suffolk,
The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in
Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
April 20,2023
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county,and as such,is eligible to publish such notices.
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 26 day of April 2023
Notary Signa ure v
MARY BETH ALESCIO WALL]2026
NOTARY PUBLIC,STATE OF NEW Y
Registration No.01 AL505621
Qualified in Saratoga Count
My Commission Expires March 04
Notary Public Stamp
f
SOUTHOLD TOWN CLERK 1 I
i
I
b10e47e9-5664-47d9-81cb-08b5bc096d4d Sabrina.born@town.southold.ny.us
AFFIDAVIT OF PUBLICATION I
The Suffolk Times
I
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,there
has been presented to the Town
Board of the Town of Southold,
Suffolk County, New York,on the
28th day of March, 2023, a Local
Law entitled "A Local Law in
relation to an Amendment to
Chapter 280,Zoning,Accessory
Apartments" 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
9TH day of May, 2023 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,Accessory Apartments"
which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local
Law in relation to an Amendment
to Chapter 280,Zoning,
Accessory Apartments"
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
Southold Town Code in regard to
Accessory Apartments.
The entire proposed Local Law is
available on the website:
www,southoldtownny.gov or by
contacting the Town Clerk's Office.
I
BY ORDER OF THE TOWN BOARD
Dated:APRIL 11th, 2023 I
DENIS NONCARROW
SOUTHOLD TOWN CLERK 2
I
b10e47e9-5664-47d9-81cb-08b5bc096d4d sabrina,born@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
SOUTHOLD TOWN CLERK
i
i
SOUTHOLD TOWN CLERK
3
i
i
i
Rudder, Lynda
From: legal <Iegal@theday.com>
Sent: Friday, April 14, 2023 2:14 PM
To: Rudder, Lynda
Subject: RE: Chapter 280 Accy Apts for publication
Thank you!!
Thank you,
Xeccy
Kelly Johnson
Legal Notices
The Day Publishing
Legal line: 860-701-4410
Direct line: 860-701-4371
legalAtheday.com
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent: Friday,April 14, 2023 2:13 PM
To: legal<legal@theday.com>
Subject: RE: Chapter 280 Accy Apts for publication
PERFECT!
From: legal<legal@theday.com>
Sent: Friday, April 14, 2023 2:12 PM
To: Rudder, Lynda <Ivnda.rudder@town.southold.ny.us>
Subject: RE: Chapter 280 Accy Apts for publication
Here is the notice that will run in the 4/20 edition of The Day. Copy of invoice for$320.88 is attached.
1
�
LEGAL NOfICE.
NOTICE OF PUBLIC HEARING
"1 3, a,Local LaN entitled'A Lbcal Lav h Fel3tro
IV n
Pf May,2423 at 7.00 pm.art.%,hkh t rne,all,lntereS
tyfilie If
read
'A Local LEN entitled, —1 aj n
Partments—
!1E IT ENACTED by the Trmn Board of the TaNn
Flu
'
P09-C(the eMDJn1erA IS to Upclate the SC41tftho
the TvAn Clark's offloe(631)-165-1ECO.
',BY ORDER OF THE SOUTHOLD MAN BOARD
Datecl:APNAL 2023
ham
zm/ntk you,
X«/r/ `
—z
Ke|ly}ohnson
Legal Notices
The Day Publishing
Legal line: 860'701-441U
Direct line: O60'7O1-4371
From: Rudder, Lynda
Sent: Friday,April 14, 2O23 11:33 AM
To: David McCall Evans, Louisa F|
Community Board (ICB) gebnook
Jane Ahrens Jane Ahrens
legal
Subject: Chapter 38OAccyAptsfor publication
Importance: High
Please publish asfollows
� '
The Day 4/2Oedition
F| website(s)
Two (2) public places
2
Rudder, Lynda
From: David McCall <DMcCall@fiferry.com>
Sent: Friday, April 14, 2023 2:36 PM
To: Rudder, Lynda; Evans, Louisa; FI Community Board (ICB)
(ficommunityboard@gmail.com); Geb Cook;Jane Ahrens (ahrens.jane@gmail.com);Jane
Ahrens (finyinfo@gmail.com); New London Day Newspaper(legal@theday.com)
Subject: RE: Chapter 280 Accy Apts for publication
I will take care of the public posting today.
Daviel McCall
Island Manager
Fishers Island Ferry District
PO Box 607
Fishers Island, NY 06390
www.fiferry.com
631 788 7463 x201
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent: Friday,April 14, 2023 11:33 AM
To: David McCall <DMcCall@fiferry.com>; Evans, Louisa <louisae@town.southold.ny.us>; FI Community Board (ICB)
(ficommunityboard@gmail.com)<ficommunityboard@gmail.com>; Geb Cook<gcook@fiferry.com>;Jane Ahrens
(ahrens.jane@gmail.com)<ahrens.jane@gmail.com>;Jane Ahrens (finyinfo@gmail.com) <finyinfo@gmail.com>; New
London Day Newspaper(legal@theday.com)<legal@theday.com>
Subject:Chapter 280 Accy Apts for publication
Importance: High
Please publish as follows
The Day 4/20 edition
FI website(s)
Two (2) public places
1
Times Review Media Group Invoice #: b10e47e9
The Suffolk Times Date: 04/13/2023
Bill To Customer Email
SOUTHOLD TOWN CLERIC sabdna.born@town.southoid.ny.us
Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE
LAST INSERTION DATE.
Description Publish Date Amount
PUBLIC 04/20/2023 $34.40
Affidavit(eMail) 1 $25.00
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Total: $59.40
Please remit checks payable to: Balance:
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The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
` LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there
has been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on the
28th day of March, 2023, a Local
Law entitled "A Local Law in
relation to an Amendment to
Chapter 280, Zoning, Accessory
Apartments" 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
R?Ad, Southold, New York, on the
9 day of May, 2023 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, Accessory Apartments"
which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local
Law in relation to an Amendment
to Chapter 280, Zoning,
Accessory Apartments"
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
Southold Town Code in regard to
Accessory Apartments.
The entire proposed Local Law is
available on the website:
www.southoldtownny.gov or by
contacting the Town Clerk's Office.
BY ORDER OF TPE TOWN BOARD
Dated: APRIL 11 , 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 28th day of March, 2023, a Local Law entitled "A
Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments"
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 91H day of May, 2023 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,Accessory Apartments" which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning,
Accessory Apartments"
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 Southold Town Code in regard to Accessory
Apartments
I1. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
§ 280-4 Definitions.
B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings as herein defined. Any word or term not
noted below shall be used with a meaning as defined in Webster's Third New
International Dictionary of the English Language, unabridged (or latest edition).
APARTMENT
An entirely self-contained dwelling unit consisting of a minimum of 4-50 220 square feet of
living area containing complete housekeeping facilities for only one family, including any
domestic servants employed on the premises and having no enclosed space (other than
vestibules, entrance hallways or porches) or cooking or sanitary facilities in common with any
other dwelling unit and/or "apartment."
§280-13 Use Regulations
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.
(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) The oymer- of the existing dwelling shall eeeupy one of the dwelling tmits as the
ew-ner's r pal residenee. One of the dwelling units shall be for the sole
exclusive use of the owner or family member as defined in chapter 280-4 The
other dwelling unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
(e) The existing one family dwelling shall eontain not less than 1,600 square feet of-
livable fleer
(c) The accessory apartment shall contain not less than 4-50 220 square feet of livable
floor area,with no more than two (2) bedrooms and one (1) bathroom.
(e) (�L The accessory apartment shall not exceed 401% of the 1:vable floor area e f the
existing dwelling,mit and a .xddit;..,-. thereto r. i-miae under § 280 13B(12ViL-
25% of the habitable space of the entire residence based upon properly
certified structures at the time of the effective date of this code.
(f) (e) A minimum of three off-street parking spaces shall be provided.
(g) (f) Not more than one accessory apartment shall be permitted on a lot.
(h)JgJ The accessory apartment shall meet the requirements of an apartment as defined in
§ 280-4 hereof.
(i) (h) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
(j) (i) 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.
(kF)W All conversions shall be subject to the inspection of the Building Inspector and
issuance of a certificate of compliance.
(1) The dwelling whieh is eenver-ted to pen�nit an accessory apaAment shall be in
existenee and be eligible for- or have a valid eeAffieate ef eeeupaney isstied prior-
ofoflegal oeeupaney prior-to +hatdat
(ter)(k) 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)(1) 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.
($) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(p) (n) 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 - +
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and subject to
site plan approval by the Planning Board, provided that not more than one use shall be allowed
for each 40,000 square feet of lot area:
(13) One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 220 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than one
bedroom and one bathroom
(e) The entirety of the living floor area of the accessory apartment must be on one
floor of the accessory structure, as certificated at the time of the effective date
of this code
(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:
[11 T1'_ _ ____ of the .hall either-the existing single family
.premises - •.�
dwelling unit or the aeeessefy aft nt in the detae ^r1� ua.�.eiuviy
stfueture as the owner-'spr-ineipal r-esidehee. One of the dwelling units
shall be for the sole, exclusive use of the owner or family member as
defined in chapter 280-4 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:
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.
BY ORDER OF THE TOWN BOARD
Dated: APRIL 11 th, 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 131h day of Anril, 2023, a notice of which the annexed printed
notice is a true copy was affixed, in a proper and 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 the Southold Town
Website: www.southoldtomLnny.gov
Chapter 280-Accessory Apartments (2)
D is Noncarrow
Southold Town Clerk
Sworn to before me on the
13th day of—April, 2023
Notary Public
SABRINA M BORN
Notary Public,State of New York
No.01 B06317038,Suffolk Co
Commission Expires Dec.22,20
Southold Town Board - Letter Board Meeting of April 11, 2023
RESOLUTION 2023-339 Item# 5.7
ADOPTED DOC ID: 19028
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-339 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11,2023:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 28th day of March, 2023, a Local Law entitled "A Local Law in
relation to an Amendment to Chapter 280, Zonine,Accessory Apartments" and
WHEREAS 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 911
day of May, 2023 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, Zonin1j, Accessory Apartments" which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning,
Accessory Apartments"
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 Southold Town Code in regard to Accessory
Apartments
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
§ 280-4 Definitions.
B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter,have the meanings as herein defined. Any word or term not
noted below shall be used with a meaning as defined in Webster's Third New
International Dictionary of the English Language, unabridged(or latest edition).
APARTMENT
Generated April 12, 2023 Page 24
Southold Town Board - Letter Board Meeting of April 11, 2023
An entirely self-contained dwelling unit consisting of a minimum of 458 220 square feet of
living area containing complete housekeeping facilities for only one family, including any
domestic servants employed on the premises and having no enclosed space (other than
vestibules, entrance hallways or porches) or cooking or sanitary facilities in common with any
other dwelling unit and/or "apartment."
§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:
A. Permitted uses.
(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) The f the t' d 11' shat one of the dwelling units as the
l 1 �T�°rncrvrcn�. ciir�cm tcrrv�`�::YJ� � `•• •.• •••••b •.••••• "__
ovv%
er's prineipa4 r-esidenee. One of the dwelling units shall be for the sole
exclusive use of the owner or family member as defined in chapter 280-4 The
other dwelling unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
) The existing family d. ell;rnshall ee, tn,n not loos than
one1,600 s NAUre feet of
1,. nLle floor-area.
(c) The accessory apartment shall contain not less than 458 220 square feet of livable
floor area, with no more than two (2) bedrooms and one (1) bathroom.
(e)(!L The accessory apartment shall not exceed 40- the livable fleet-area of the
•
e • t• dwelling .,'t d any- addition thereto p n:n tted under R 280 13u(13)(j
25% of the habitable space of the entire residence based upon properly
certified structures at the time of the effective date of this code.
(4)(e) A minimum of three off-street parking spaces shall be provided.
(g)(f) Not more than one accessory apartment shall be.permitted,on:a lot.
(fir)jy�The accessory apartment shall meet the requirements of an apartment as defined in
§ 280-4 hereof.
(r) (h) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
(j) (i) 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.
N Jh All conversions shall be subject to the inspection of the Building Inspector and
issuance of a certificate of compliance.
(1) The dwelling
eligible
1,h ,-ted
y
eKistenee d b 1' ib for-or-bave valid ee,.t;f;..nte of eeeupaneyto januaff
> >
er-proof of legal eeeupa-ney prior-to that date.
(ter) (k) The existing building,together with the accessory apartment, shall comply with
Page 25
Generated April 12, 2023
Southold Town Board -Letter Board Meeting of April 11, 2023
all other requirements of Chapter 280 of the Town Code of the Town of Southold.
(rr}(1) 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.
(e) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(p)(n) 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 a special exception by the Board of Appeals as hereinafter provided and subject to
site plan approval by the Planning Board, provided that not more than one use shall be allowed
for each 40,000 square feet of lot area:
(13) One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements.:
(a) The accessory apartment shall contain no less than 4-59 220 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than one
bedroom and one bathroom
(e) The entirety of the living floor area of the accessory apartment must be on one
floor of the accessory structure, as certificated at the time of the effective date
of this code
(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 N �� J� a hal p either the visting single gle f+,-.ily
L J �
dwelling unit or-the aeeessery apaAmetA in the detaehed araeessoFy
stfuetufe as theowner'sp l Mesidenee. One of the dwelling units
shall be for the sole, exclusive use of the owner or family member as
defined in chapter 280-4 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:
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.
Denis Noncarrow
Generated April 12, 2023 Page 26
Southold Town Board- Letter Board Meeting of April 11, 2023
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E.Nappa, Councilwoman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated April 12, 2023 Page 27