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HomeMy WebLinkAboutNonconforming Lots 1990LOCAL LAW , 1990 A Local Law in Relation to Nonconforming Lots Be it enacted by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended by adding a new Section 100-244a to read as follows: ~ 100-244a. Merger of Lots. Whenever a single lot which has been excepted from the area, width and yard requirements of a particular dis- trict, by reason of such lot being in single and separate ownership on a certain date, is joined by common owner- ship to an abutting lot, the greater area width and yard requirements for the particular district shall apply to the increased lot size. However, the Zoning Board of Appeals of the Town of Southold may, in its discretion, grant a set-off of any such lots deemed to merge by operation of law through this section, if such board shall be satisfied, based upon the record or the pro- ceeding had before it, that the following conditions have been met: (1) The owner of the lots merged was unaware that the taking of such property in the same ownership as an adjoining parcel would cause a merger by operation of this section. (2) That the development of the surrounding neighbor- hood is such that the subdivision of such merged lots will not result in lots of a lesser size than those of the surrounding neighborhood. (3) That no such lot for which a subdivision is applied for pursuant to this section shall result in a lot area one-half or less of the area permitted in the zone pursuant to the area requirement schedule effective in such zone. Whenever two or more parcels of property which are non- conforming and which abut at a common course of distance, are held in the same ownership, such parcels shall be termed "merged" to form one (1) lot in conformance with the lot requirements of the zoning use district in which the parcel is located, but shall not be deemed merged if such lots both exceed the lot requirements of the zoning use district in which they are located. Whenever two or more parcels of property which are non- conforming, or conforming, which abutted a common co~rse and distance and which_have both been improved by struc- tures for which certificates of occupancy have been issued or preexist zoning, come to be held in the same ownership such parcels shall not be deemed merged. II. This Local Law shall take effect upon its filing with the Secretary of State. - 2 - DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ® PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIREC-rO~ OF PLANNING May 21, ~990 Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Amendment to Zoning Ordinance: Section 100-244a S.C.P.D. File No.: SD-90-14 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Comission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H..Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Ch~nan George Ritchie Latham, 3r Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Fax (516) 765-1823 TO: Judith T. Te~ry, Town ClerkoD FROM: Bennett Orlowski, Jr., Chairman o.v' RE: Proposed Local Law regarding Mergers of Non-Conforming Lots. DATE: June 26, 1990 The purpose of this memo is to clarify the Planning Board's position with regard to this proposed local law. The Planning Board is not in favor of this proposal in its current form, hence its recommendation to table further action. If there are any further questions about the Board's position, please bring it to the attention of the Chairman or the Town Planner. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham..Ir. Richard G Ward Mark S. McDonald Kenneth L. EdwaFds Telephone ¢516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD FROM: P~E: Judith T. Terry, Town Clerk Bennett Orlowski, Jr., Chairman~'~S Proposed Local Law in Relation to Mergers of Nonconforming Lots. DATE: June 26, 1990 SCOTT L. HARRIS Supervisor Town Hal!_ 53095 Main Road P.O. Box 1179 Southold. New York 1197l Fax (5~ .~57823 N 2 8 At its meeting on June 25, 1990, the Planning Board resolved to recommend t_hat there be further study of this proposed local law. PLANNING BOARD MEMBERS Bennett Oflows 'ki, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 .RECEIVED JUN 5 1990 Fax(516) 765-1823 TO: FROM: RE: DATE: Judith T. Terry, Town Clerk Bennett Orlowski, Jr., Chairman~o$~i/~/~ Proposed Local Law in Relation to Nonconforming Lots. June 5, 1990 The Planning Board declined to pass a resolution on this proposed local law. More time is needed to review the draft legislation. A response will be forthcoming a~Ste~ the next Planning Board meeting on June 25th. DEPARTS,lENT OF PLANNING = 'OUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING May 21~ 1990 Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Amendment to Zoning Ordinance: Section 100-244a S.C.P.D. File No.: SD-90-14 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considsred to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-180I May 10, 1990 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is a Nonconforming Lots". Please prepare an official recommendations with relation to same to me. Thank you. proposed "Local Law in Relation to report defining the Planning Board's this proposed Local Law and forward Very truly yours, $outhold Town Clerk Attachment 3WDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 755-1823 TSLEPHONE (516) 76S-la01 Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X New Zoning Ordinance Amendment of Zoning Codi~ Amendment of Zoning Map (Change of Zone) Location of affected land: Entire Town of Southold Suffolk County Tax Map No.: Within 500 feet of: X The boundary of any village or town X The boundary of any existing or proposed county, state or federal park X The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. X The existing or proposed right-of-way of any stream or drainage channe owned by the County or for which the County has established channel lines. X The existing or proposed boundary, of any other county, state or federally owned land. X The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Proposed "Local Law in Relation to Nonconforming Lots". Date: May 10, 1990 Judith T. Terf/~ Southold Town Clerk JUDITH T. TERRY OFFICE OF TI'/E TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 8, 1990: WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Nonconforming Lots"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: LOCAL LAW NO. - 1990 A Local Law in Relation to Nonconforming Lots BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended by adding a new Section 100-244a to read as follows: § 100-24~a. Merger of Lots. A. Whenever a single lot which has been excepted from the area, widith and yard requirements of a particular district, by reason of such lot being in single and separate ownership on a certain date, is joined by common ownership to an abutting lot, the greater area width and yard requirements for the particular district shall apply to the increased lot size. However, the Zoning Board of Appeals of the Town of Southold may, in its discretion, grant a set-off of any such lots deemed to merge by operation of law through this section, if such board shall be satisfied, based upon the record or the proceeding had before it, that the following conditions have been met: (1) The owner of the lots merged was unaware that the taking of such property in the same ownership as an adjoining parcel would cause a merger by operation of this section. (2) That the development of the surrounding neighborhood is such that the subdivision of such merged lots will not result in lots of a lesser size than those of the surrounding neighborhood. L Page 2 - Nonconforming ots~._ II. This (3) That no such lot for which a subdivision ~s applied for pursuant to this section shall result in a lot area one-half or less of the area permitted in the zone pursuant to the area requirement schedule effective in such zone. Whenever two or more parcels of property which are non-conforming and which abut at a common course of distance, are held in the same ownership, such parcels shall be termed "merged" to form one (1) lot in conformance with the lot requirements of the zoning use district in which the parcel'is located, but shall not be deemed merged if such lots both exceed the lot requirements of the zoning use district in which they are located. Whenever two or more parcels of property which are nonconforming, or conf0rming~ which abutted a common course and distance and which have both 'been improved by structures for which certificates of Occupancy have been issued or preexist zoning, come to be held in the same ownership such parcels shall not be deemed merged. Local Law shall take effect upon its filing with the Secretary of State. Judith T. Terry ~/ Southold Town Clerk May 10, 1990 J~dDITH T. TERRy TO~4 CLERK REGISTRAR OF %qTAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P_O. Box 1 179 Southold, New York 11971 FAX (516) 765-1823 IELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 8. 1990: RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State EnviroTrmental Quality Review Act, and 6NYCRR Part 617.1.0, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conductng an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. Description of Action: A proposed "Local Law in Relation to Nonconforming Lots", amending Chapter 100 (Zoning) of the code of the Town of Southold by adding Section 100-244a. Merger of Lots. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. Judith T. Terry Southold Teen ClerE May 10, 1990 ~-16.a ~a7}--Text 12 [~ ~4' ~ · PROJEC, T I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Projecl sponsor) 1. APPLICANT/SPONSOR 2- PROJECT NAME -TOWN OF SOUTHOLD Addinq § 100-244a. Merger of Lets 3. PROJECT LOCATION: Municipality Town of Southold county of Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map} Entire Town of Southold SEQR 5. IS PROPOSED ACTION; [] New [] ~xpanslon [] Medificatlon/aUera[Ion 6. DESCRIBE PROJECT BRIEFLY: Adding § 100-244a. Merger of Lots. pursuant to the terms listed in A through C. 7. AMOUNT OF LAND AFFECTED: En_t_ire Town of Southold Inillally acres UItimalely acres a. WlU_ PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIOP{S? [~Yes [] NO I! No, describe briefly WHAT rs PRESEi*IT LAND USE IN VICINITY CF PROJECT? [] Residential [] Indusuial [] Commercial N/A [] Park/Forest/Open Sb~Ce [] Other ]0. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM A~¥_OTHER~GOVERNMENTAL AGENCY [FEDERAL, STATE OR LOCALI? [] Yes [] No a yes, list agency(s) and permi[lapprovals DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~No Ir ye=, Iisi agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL BE. QUIRE h ODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apl)llcanl/sponsor name: Scott L~ Harris, Supervisor, Town of Southold May 8. 1990 (._ If the action is in the Coastal Area, and you are a state agency, complale the Coastal Assessment Form belore proceeding with this assessment OVER PART II--ENVIRONMENTAl, -'-SSESSMENT (To be completed by Agenc~ ~-' A. DCES ACTION EXCEED ANy ~ _ [ THRESHOLD tN 6 NYCRR, PART 6t7.127 If yes, ~..~ordin~te the revmw process ane use Ihe FULL EAF. r~.o NO C2_ Aesthetic, agricultural, archaeoJogical, historic, o¢ other natural or cuJtural resources; or community or neighborhood character? Explain briefly: NO C3. Veget~Hon or fauna, fish, shellfish or wildlife species, significant habitats, or [hrealened or endangered species? Explain briefly: NO Ca. A community's existing plans or goals as olticialry adopted, or a change in use or intensity ol use et land or other ,'1at ural resources? Explain briefly NO C§. Growth, subsequen development, et re aled ac ¥ I es kely to be induced by [he proposed a~lion? Explain briefly. NO C6. Long term, short term, cumulative, or other enec[s no[ identified in Cl-C57 Exptain brfefly. NO C?. Other impacts (including ch&nges in use of either quantity or lype et energy)? Explain briefly. NO !( D. IS TI'~ERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTrAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] NO It Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRgCTIONS: For each adverse effect identi[ied above, determine whether it is substantial, large, important or otherwise signi~'icanL Each eftecl should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) JrreversibJlily; (e) geographic scope; and (f) magnitude. If necessary, add atlachmenfs or reference supporting materials. Ensure thai explanalJone contain sufficient detail to show that all relevant sdvers_e impacts have been identified and adequately addressed. [] Check this box Jr you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed dire-~tly to the FULL EAF and/or prepare a positive declaration. [] Check Ibis box il' you have determined, based on the i'nl'~)rmation and analysis above and any supoertJng documentation, that the proposed aclion WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, [he reasons supporting this determination: TOWN OF SOUTHOLD Scott L. H~ris Supervisor May 8, 1990 '-" ~ 2 LOCAL LAW , 1990 A Local Law in Relation to Nonconforming Lots Be it enacted by the Town Board of the Town of Southold as follows: I. § 100-244a. Merger of Lots. Whenever a single lot which has been excepted from the area, width and yard requirements of a particular district, by reason of such lot being in single and separate ownership on a certain date, is joined by common ownership to an abutting lot, the greater area width and yard requirements for the particular district shall apply to the increased lot size. However, the Zoning Board of Appeals of the Town of Southold may, in its discretion, grant a set-off of any such lots deemed to merge by operation of law through this section, if such board shall be satisfied, based upon the record or the proceeding had before it, that the following conditions have been met: (i) The owner of the lots merged was unaware that the taking of such property in the same ownership as an adjoining parcel would cause a merger by operation of this section. (2) That the development of the surrounding neighbor- hood is such that the subdivision of such merged lots will not result in lots of a lesser size than those of the surrounding neighborhood. (3) That no such lot for which a subdivision is applied for pursuant to this section shall result in a lot area one-half or less of the area permitted in the zone pursuant to the area requirement schedule effective in such zone. B. Whenever two or more parcels of property which are non-conforming and which abut at a common course of distance, are held in the same ownership, such parcels shall be termed "merged" to form (1) lot in conformance with the lot requirements of the zoning use district in which the parcel is located, but shall not be deemed merged if such lots both exceed the lot requirements of the zoning use district in which they are located. C. Whenever two or more parcels of property which are nonconforming, or conforming, which abutted a common course and distance and which have both been improved by structures for which certificates of occupancy have been issued or preexist zoning, come to be held in the same ownership such parcels shall not be deemed merged. II. This Local Law shall take effect upon its filing with the Secretary of State. - 2 -