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Home My WebLink AboutResolution #2023-221 OFFICE LOCATION: „; MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) � Southold, NY �H Telephone: 631 765-1938 www.southoldtownny.gov ell, Ski conoum ,f rza PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: Donald J. Wilcenski, Chairman N( Members of the Planning Board �J Date: March 28, 2023 Re: Planning Board Comments "A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments 220” The Planning Board supports the proposed code amendment based on the following: Consistency with the Comprehensive Plan The proposed amendment is consistent with the Southold Town Comprehensive Plan (2020) Land Use, Economic Development, and Housing Chapters' goals and objectives related to affordable/attainable housing. Smaller living space usually costs less than larger living space in the rental market. All sizes of the housing stock are necessary to accommodate varying sectors of the population; including singles and seniors. Note that the SCDOH does not assign density as flow to accessory apartments in residential zones that receive a Town accessory apartment permit. A SCDOH permit will be needed if the sanitary system needs to be upgraded to receive additional sanitary hydraulic flow. Please contact the Planning Department with any questions. Cc: Paul DeChance, Town Attorney 1 � :I' a e DENIS NONCARROW 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 �� p OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 16, 2023 Re: Resolution Number 2023-221 —A Local Law in relation to Chapter 280 Zoning, Accessory Apartments Donald Wilcenski, Chairman ECEIVED Southold Town Planning Board F--- 54375 State Route 25 FEB 2 3 ZR3 P.O. Box 1179 Southold, New York 11971 ° i,ft:'old Town.. Planning Board Dear Mr. Wilcenski, The Southold Town Board at their regular meeting held on February 14th, 2023 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. The date and time for these public hearing is March 281h at 4:30pm. respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. m ly Denis Noncarrow Southold Town Clerk RESOLUTION 2023-221 w ADOPTED DOC ID: 18934 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-221 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2023: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 141h day of February, 2023, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280,Zoning, AccessoEy Apartments" and WHERAS 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 281H day of March, 2023 at 4:30 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 Cha ter 280 Zonigg, Accessotir 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: 1. 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: § 280-4Definitions. 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 459 220 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 Resolution 2023-221 Board N,.--ling of February 14, 2023 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) =1=1 c wr r... tl e e i t` . c1 �ling�hal of c c f the c li fur it a the weer" rind al 1� One of the dwellinp,units shell 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. car -f"ami-ly-ddwel1ing- ha l-c a n + leis then 1;aC 1f rM :r�1 t-ol.` livable-410 or-a.rr (c) The accessory apartment shall contain not less than 45-0 220 square feet of livable floor area, with no more than two 2 bedi-ooms and one `1 bathroom. (e) The accessory apartment shall not exceed 44 " of tl�mlivlleo ,rr aref :e e�xrt�i�rtg-<Jwolr� r.,r� t� ywa. `�t�io� t�l�er+�to-perr�tt ale -'"-2C1- 3��) ( 25% of the habitable space of the entire residence based upon pr2pLrly certified structures at the time of the effective (late of this code. (4) (e) A minimum of three off-street parking spaces shall be provided. (g)Mf Not more than one accessory apartment shall be permitted on a lot. (h)W 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. (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. (k)fh All conversions shall be subject to the inspection of the Building Inspector and issuance of a certificate of compliance. (1) (k) 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)�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. (R) 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) (n) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (p) (o) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be Updated: 2/15/2023 8:14 AM by Denis Noncarrow Page 2 Resolution 2023-221 Board lvi,.Cting of February 14, 2023 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: (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] �h ��:e�M- ..peso., I-o �py- tie-r-tthoeti��g single t�� .ly dwefli -unit :-t .-aeee ofy-a1°of stru r -a. a nor' i l alW side+tee: One of the dwellin y units shall be for the sole exclusive use of the owner or family member as defined in eha ter 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 Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Updated: 2/15/2023 8:14 AM by Denis Noncarrow Page 3