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Home My WebLink AboutResolution 2022-923 LOCATION: �� .., MAILINGP.0. Box SS:. OFFICE Annex ��° �� NY 54375 State Route 25 ��" �, °i Southold, 71 (cor. Main Rd. &Youngs Ave.) �� " Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk cc: John Burke, Acting Town Attorney From: Donald J. Wilcenski, Cha.irinall Members of the Planning Board Date: November 28, 2022 Re: A Local Law in relation to an Amendments to Chapter 280. House Size. The Planning Board has reviewed the proposed Local Law in relation to an Amendment to Chapter 280, Article XXII "Supplemental Regulations that regulate gross floor area of a single- family dwelling and height restrictions in the A-C, R-40, R-80, R-120, R-200, and R-400 Residential Zoning Districts". The Planning Board supports this revision to the new code on house size. Thank you for the opportunity to provide comments. 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 , OFFICE OF THE TOWN CLERK RECEIVED ��- TOWN OF SOUTHOLD 17 M2 November 17, 2022 Planning Board Re: Resolution Number 2022-923 —A Local Law in relation to Chapter 280, Maximum size and certain development standards of single family homes, Donald Wilcenski, Chairman Southold Town Planning Board 54375 State Route 25 P O Box 1179 Southold,New York 11971 Dear Mr. Wilcenski, The Southold Town Board at their regular meeting held on November 15, 2022 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to the proposed Local Law 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 4:31 P.M., Tuesday, December 13, 2022. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Ly da M budder Southold Deputy Town Clerk Southold Town Board - Letter Board Meeting of November 15, 2022 RESOLUTION 2022-923 Item# 5.26 ADOPTED DOC ID: 18564 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-923 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 15, 2022: WHEREAS,there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of November, 2022, a Local Law entitled "A Local Law in relation to Amendments to Cha)tcrs 280" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 1311 day of December, 2022 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard, be it further RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review of the proposed local law; and be it further RESOLVED that the Town Board of the Town of Southold has requested the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed local Law, including a SEQRA and LWRP reports and recommendations; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the following to the Suffolk County Planning Commission, along with any associated fees, for a report and recommendations. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280" reads as follows: LOCAL LAW NO. -2022 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 the maximum size of one and two family dwellings in certain zoning districts consistent with the Southold Town Comprehensive Plan adopted September 8, 2020, the Vision Statement of which calls for future planning within the Town to be consistent with existing community character and a periodic review and amendment of the Town Code to that end. The Town Board because of objectives outlined in the plan, especially Chapter 3 Land Use and Zoning, finds it necessary to draft and adopt new code that establishes standards for the construction and Generated November 16, 2022 Page 40 Southold Town Board - Letter Board Meeting of November 15, 2022 reconstruction of residential dwellings in certain zoning districts. Such standards will establish maximum limits on house size based on lot size and are necessary to maintain the community character of the residential communities as called for in the Comprehensive Pian. 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. Cl, , L,( S:l OIE C)R MANSA: l .t:)OI" _ A ,,,roof that has a pitch of :12 or less. FLOOR AREA GRIDS F -The cumulative area ins uaame feet of all floor levels of ever tearjX of all dwellings on as lot iticluding attached garages. having a clear hei yht of not less than six feet measured from the exterior faces of exterior walls or from the center line of paily walls se ar ti g_ttwo gtj4ing . Interior spaces with a floor-to-eeilin g lieiaht iaj excess of fifteen 15' ,fect shall be counted twice for gross floor area. The cumulative area shell not include roof overhangs less than three feet unenclosed porches, )atios lgc eapen terraces` balconiesaas(ments and attics. Accesscui;lditjg�j or structures shall also be xcluccl exce.a1 aayrton tl�eaweol`whicl ma be converted to habitable space. Such habitable Dortion shall be included in the Gross Floor Area. GROSS FLOOR AREA - See FLOOR AREA GROSS HEIGHT OF BUILDING - The vertical distance measured from the average elevation of eaaistiaa natural a°tide ad"acent t;o the buildia befrare an rade alteration or fill to the hi hest jnt of Clic root para et or railin . SKY PLANE OF` 11,01' - The Skv Plane is foamed bv ima°i.na lines startin at all :ro ty�liaie arallel or ad`acent to the buildim or structure at ten 00) feet above the avera re elevation of the natural grade )rior to aaa rade alteration or fill and extendi inwaa°d toward the center of the lot at a 45 �ll�ee aaagl . Article XXXVI Residential Dwelling Size Limits §. 280-207 Maximum gross floor area for residential dwellings in A-C, R-40, R-80, R-120, R-200, and R-400 Districts. A" Maximum ��ross floor area GFA - 1. TheP-ross floor area shall not exceed the aerrnitted.- �a�e� owe calculated a follows: a. Lots containing uD to 10,000 sc ware feet of lot area: 2,100 square feet maximum. b. Lots containinv, tit)to 20,000 s'uare feet of lot area: 2,I f 0 s Ia. e l s 12.5% of the lot area in excess of 10,000 s uare beet u)to a total of3a. 0 Generated November 16, 2022 Page 41 Southold Town Board- Letter Board Meeting of November 15, 2022 sauare feet maximum. C. Lots containina tin to 30.000 satiare feet of lot area: 3,350 square feet alas 10 % of the lot area in excess of 20,000 square feet uD to a total of 4,350 satiare feet maximum. d. Lots containing up to 40,000 square feet of lot area: 4,350 square feetplus 7.5 % of the lot area in excess of 30 000 scivare feet uD to a total of 5,100 souare feet maxitnum. e, Lots ur.)to 80 000 su .ci are feet of lot area: 5,100 square feet plus 5% of the lot area in excess of 40,000 s(luare feet tin to a total of 7.100 so uare feet maximum. f, Lots up o 200,000 square feet of lot area: 7.100 square feet plus 2.5% of the lot area in excess of 80,000 .sguare feet tip to a.total of'10JO0"cjpq feet maximum. Q All Lots in excess of 200,000 sgliare feet of lot are aL 1,0,100 s uarc fejt _�A Mus 10,14 of any additional lot area. 2 In deterininingjflie maxinium permitted gross floor area. thefiollowing 11rovisions shall awlv: a. "Lot area" shall have the same meanina as the area of a lot or-p�qrcel defined as "buildable land" in this Qha b. In determinigg_Lhe maximgm JoLCovera 1 etl r goer the gL)ss lloo area reauiremenmar tlae faereentai in this Secti(Lptlie mqL restrictive rU(uirement,or standard shall apply. C. 'Fhe new constructionre-construction or imDrovement of an dwellinp- shall be limited by the standards established by this code, orb variance not to exceed the average GFA of dwellings in the iturnediate area as determined by the Zoning Board of Appeals. d. An existing dwelling as of the effective date of this section that exceeds the maximum GFA defined herein shall be deemed non-conformin 1 for the"ur rase of this chanter. e. The gross floor area restrictions set forth in this section shall jigtApply to farm labor housigg, 3. The maximum goes floor area restrictions imposed by U80-207 shall not be ap licable to any project otherwise subject to the restrictions, for which a cram lete construction-Uplig, �fion has been submitted for Qprovaj to Town of Southold Building dej2jg!!ngnt or discs etioLigy board ,pd2LjQthe Snactment date of this section. Following the issuance of a Certificate of 0 cu ane the structure shall�be deemed reexistina non-conforjiujU',f. 280-208 Pyramid Law A. Aujl uildinorstructure on any lot in the A-C, R-40, R-80, R-120, R-200, and R-400 g B, If, in the determination of the Building Inas pcqtor,conformance with subsection A L_li"s not Rqssible,4b Iding(Lr structure may be permitted so jong as the overall heiht is not in qL--- Generated November 16, 2022 Page 42 Southold Town Board - Letter Board Meeting of November 15, 2022 excess of the averas-ye heiQht of the adiacent buildings or structures within 500 feet to each side of the sl UNeCt Darse!. on the same side of the street and in the same tonin a district, C. The skv olane restrictions imag�.e�d. by 11()- t)8 shall not be apralis able to any project otherwise subiect to the restrictions for which a complete construction application has been submitted for anoroval to Town of Southold Bqi:1ding Dep4i:Lnjgat )L�LJ�crqti n ry�bqqijd -L _-_-qA mior to the enactment date of this section. Followine the issuance of a Certificate of 0c(, LupA!I(M., the structure shall be deemed r)reexistitm-nQR:confoLrnmg, 111. 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. Z0NIN+A1:Y20G 280Aftachmv,t3 Towt of Sazlwld Bulls Sdu&b for Ile"erdal WbIrkti[Added-1—M21 by L.L.No,1-20211 CohminNo, i 1i it W V Vi Vi ix X A A R44*3641b& 2-Farmly Ware Betadied corawmfty D%%UM9 Waiff and 5 Semw Avatable iftR-80 District A-C R-U R-80 R-120 R-200 R-400 )0 RR RO Dightt Makitmrequiremerasfar l-f=&/det&cheddmRfiW Lot size(sqwre feet) 80,000 40,000 80,000 120PW 200,000 400,00 20DOO 20POO 40,000 I0A00 160P00 Lotwidth(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth deet) 250 175 250 300 400 400 12D 120 175 80 400 liftntyardif:0) 60 50 60 60 60 60 35 35 so 30 60 Side yerd i�e t) 20 15 20 30 30 30 is is 15 is 30 Both side yards(feet) 45 35 45 60 69 60 30 370 35 30 60 Rearyerd(feet) 75 so 75 83 100 100 35 35 so 30 65 Livable floor area(square feetper dwelling 850 850 830 830 850 850 8502 8503 850 810 850 MiAwimpermhed dirnetisicm: t Lotcoverage(percea) 20 20 20 10 5 5 25 25 20 25 io 35J��' 351; 3 W 35W 35W� 35J2 35 35W� 35 35 3R25 1-s �sll- I I'll-� ............ I _5 IR=ber of storia s 214 2Vg 2Ys 2Y. 2Ya 2Ya 2V9 24 2Vg 2Yi 2Yg NOTES: 1,See text of C14 At r aW Elewity axi W�muxv.Salt S'de Scleduln fet,applicable IS tricts 2.Except one-t."=ra or dwlio m multi Ot dmUirg my lom 600 quare feet,Ulittimm floor area maybe reduced up to 200 for raoderate-and/or bower-cosi $eft Uv t;,k.(ho:,�k F)op KAT.8-4 I.Rprikukesi RY a4m-tee Ueftr Vi s. or 1pitiprp Denis Noncarrow Southold Town Clerk Generated November 16, 2022 Page 43