HomeMy WebLinkAboutResolution #2023-543 OFFICE LOCATION: p MAILING ADDRESS:
Town Hall Annex Cl P.O. Box 1179
54375 State Route 25 ' "� " Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY „a 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: Paul DeChance, Town Attorney
From: Donald J. Wilcenski, Chairman
Members of the Planning Board
Date: July 17, 2023
Re: "A Local Law in relation to Amendments to Chapter 280, Attic Space"
Town Board Resolution 2023-543
Thank you for the opportunity to review the proposed code amendment referenced above. The
Planning Board is requesting more time to review any potential unintended consequences of the
new definition. If that is not possible, some considerations for the Town Board are included
below.
In reviewing the new language, we note that the term"1/2 story"remains in the bulk schedule in
Chapter 280, and will now have no definition. More importantly, the terms "non-habitable" and
"unfinished" are not defined in Chapter 280. The Town has already experienced unintended
consequences when using these terms in the past without a clear definition.
Please consider the following:
1. Consider adding a definition of"unfinished"to Chapter 280.
Planning Board Comments on Attic Space
2. Consider adding a definition of"non-habitable".
The word "habitable" is used frequently in Chapter 280, but there is no definition of
habitable, or non-habitable. There is a definition in §280-4 for"HABITABLE FLOOR
AREA"which states: See "Floor Area, Livable."
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit, exclusive of garages,
breezeways, unheated porches, cellars, heater rooms and approved basements
having a window area of less than 10% of the square foot area of the room.
Usable floor area shall include all spaces not otherwise excluded above, such as
principal rooms, utility rooms, bathrooms, all closets and hallways opening
directly into any rooms within the dwelling unit.
The definition of"FLOOR AREA, LIVABLE" makes no mention of attics. Does that
mean that attics are considered livable floor area under our code, making them habitable?
In this apparent conflict where an attic is being defined as non-habitable, yet our only
related definition could be interpreted to mean it is habitable, which will prevail?
What are the characteristics that make an attic non-habitable? What elements would make
it habitable and thus a third story? Can an attic have walls and ceilings with sheetrock?
Can the attic be insulated, or climate-controlled for storage? Can it have finished floors?
Should all of this be clarified in the code, or is it already clarified elsewhere?
3. Would additional restrictions on attics help prevent them from becoming de-facto third
stories?
Should you have any questions, please contact our office at 631-765-1938.
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