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HomeMy WebLinkAboutAHD Amendment 2001 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1500 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 379 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2002: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June, 2002 an amended Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Planning Deoartment for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. This proposed "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is an'anged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory aoartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(1), (3), (4), (6) and (7) of this chapter. C. Accessory Aoartment. One (1) accessory aoartment is oermitted in an existing one-family dwelling, subject to the followin~ requirements: (a) The accessory aoartment shall be located in the orincioal building and said orincioal building must have been constructed after January 1~ 2002. (b) The owner of the I~rincioal dwelling shall occuov one (1) of the dwelling units as the owner's orincioal residence. The other dwelling unit shall be leased for year-round occuoanc¥, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwellinl~ shall contain not less than one thousand two hundred and fifty (1,250) square feet of livable floor area. (d) The accessory aoartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory aoartmcnt shall not exceed forty 0ercent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street oarkin~ soaces shall be orovided. (g) Not more than one (1) accessory apartment shall be oermitted on a lot~ (h) The accessory a0artment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory aoartment shall, to the maximum extent oossible, retain the existing exterior aooearance of a one-family dwelling. (j) All exterior alterations to the existing building, exceot for access to the aoartment, shall be made on thc existln~ foundation. (k) The certificate of com01iance shall terminate uoon the transfer of title by the owner or uoon the owner ceasing to occuov one (1) of the dwelling units as the owner's orinci0al residence. In the event of an owner's demise, the occuoant of an accessory aoartment may continue in occuoancv until a new owner shall occuo¥ the balance of the dwellin~ or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No.6-1993] (1) All accessory aoartments shall be subject to the audit of the Community Develooment Office. Certificate of renewals shall be renewed annually with insoections oerformed annually by the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occuoaucy for the accessory aoartment. (m) The building, which is converted to oermit an accessory aoartment shall be in existence and have a valid certificate of occuoancv issued after to January 1, 2002, or oroof of occuoanc¥ orior to that date. (n) The existing buildinu, together with the accessory aoartment, shall comolv with all other requirements of Chaoter 100 of the Town Code of the Town of Southold and thc New York State Uniform Fire and Buildin~ Code. (o) Notwithstandinu the orovisions of §100-31B hereof, no site olan aooroval by the Planning Board shall be required for the establishment of an accessory aoartment. (P) (q) (r) (s) Aooroval by the Suffolk County Deoartment of Health Services of the water suoolv and sewaRe disoosal systems shall be required. No bed-and-breakfast facilities, as authorized by ~ 100-31B(14) hereof, shah be oermitted in or on oremises for which an accessory aoartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3- 1989i Home occuoations are not 0ermitted to be ooerated in or on the oremises fcr w~:'c~ of the accessory aoartment, is authorized or exists. Accessory aoartments oermitted oursuant to this section shall remain affordable as defined by Director standards for the our0ose of rentin~ said accessory aoartment, for at least twenty five (25) years from the date of the initial certificate of eli~ibilitv. Elizabeth A. Neville Southold Town Clerk RESOLUTION JUNE 3, 2002 V- 379 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June, 2002 an amended Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", noxv, therefore, be it RESOLVED that this Local Law be referred to the Southold Tmvn Plannin~ Del)artment for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. This proposed "Local Law in relation to Zoning, Chapter 100, Article V, Aflbrdable Housing District ", which reads as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, 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 use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (3), (4), (6) and (7) of this chapter. C. Accessory Apartment. One (1) accessory apartment is permitted in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand two hundred and fifty (1,250) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (2) two (2) off-street parking spaces shall be provided for the one-family dweilin~ with an avl)roved accessory al) artment. (g) (h) (i) (k) (1) (m) (n) (o) (p) (q) (r) (s) Not more than one (1) accessory apartment shall be permitted on a lot. The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. IAmended 5-20-1993 by L.L. No.6-1993] All accessory apartments shall be subject to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with inspections ~erformed annually by the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in thc loss and revocation of the certificate of occupancy for the accessory apartment. The building, which is converted to permit au accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold and the New York State Uniform Fire and Building Code. Notwithstanding the provisions o6 100-3lB 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. No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No.3- 1989] Home occupations are not permitted to be operated in or on the premises fzr w~.e~ of the accessory apartment, is authorized or exists. Accessory apartments permitted pursuant to this section shall remain affordable as defined by Director standards for the purpose of rentine said accessory apartment, for at least twenty five (25) years from the date of the initial certificate of elieibilitv. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairmm~ WILLIAM d. CREMERS KENNETH k EDWARDS GEORGE RITCHIE LATHAM, ,IR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Memorandum PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Joshua Y. Herren, Supervisor and Town Board Members From: Valerie Scopaz, AICP, Town Planner Re: Proposed Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District Date: July 31~, 2002 The Town Board referred the attached proposed amendment to the Planning Board and staff for review and comment. The proposed amendment would permit (as of right) the construction of accessory apartments in all homes that were built in the Affordable Housing District from January 2002 onward. Presently the Code does not permit accessory apartments in this zoning district. Since the legislative intent of this proposed amendment is not stated, these comments are based on the following assumptions, which may or may not be correct. The purposes of the amendment are: 4. to allow for greater diversity of dwelling unit types within the Affordable Housing District and 4° to encourage the creation of small apartments which would remain affordable for a period of twenty, five years. If the proposed amendment is adopted, the following will apply: The principal dwelling must contain at least 1,250 square feet in floor area, of which the apartment must incorporate no less than 450 square feet. The amendment places no restrictions on the maximum square footage of either a principal building or an accessory apartment up to the 20% lot coverage limit. The accessory apartment may not exceed 40 % of the livable floor area. The term livable floor area is defined as meaning: a. 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 ten percent (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 accessory apartment must remain affordable for25 years. However, there is nothing to prohibit the owner of the principal dwelling from living in the apartment and renting out the principal dwelling (at whatever the market will bear), thus 5. 6. 7. 8. 11. potentially negating the intent of the amendment- to create affordable apadments. Every principal dwelling, whether affordable or not, may have an accessory apartment. And, it appears that every accessory apartment must abide by the proposed guidelines, but this is not clear. A home occupation may not be operated in (or out of) an accessory apartment, but a home occupation will continue to be permitted within the principal dwelling. The determination of an affordable rate for the apartment rent will be made solely by the Community Development Director, when it might be better to have the Town Board control that decision. Three separate certificates (compliance, eligibility and occupancy) will be required, but it is not clear who will be responsible for issuing and tracking these certificates. The wording restricts the apartment to the following: one bedroom, a kitchen, a bathroom and one common room, thus implying that additional rooms would not be permitted. (If the intent is to limit the size of the apartment, this wording is appropriate.) The principal dwelling with its accessory apartment could be sold at market pdces after the 7th year. The proposed amendment will guarantee only that the accessory apartment remains affordable for a period of 25 years. The Bulk Schedule for the Affordable Housing District, Section 100-54., does not indicate whether a principal dwelling with an accessory apartment will be considered a Single-Family, a Two-Family or a Multiple dwelling. Accordingly, it is not clear which set of bulk, area and parking schedules will apply. A separate column is needed for a single family dwelling with an accessory apartment. Subsections (k) and (q) were copied from Section 100-31 of the Town Code which was amended in 1989 and 1993. Since this proposed amendment is to add new accessory apartment language to 100-53, the amendment provisions noted in subsections (k) and (q) are not applicable, thus should be deleted. The Planning Board supports the creation of apartments as part of the overall strategy of creating different housing types at a mix of affordable prices. While the proposed amendment could be an effective tool to help achieve this type of structural and financial diversity, it does not deal with an aspect of the existing code to which this Board has expressed strong objections: namely the provision that allows affordable housing created within the AHD to be sold on the open market after 7 years. The current code allows for a doubling or a quadrupling of the allowable density in return for which the developer must sell or rent only half of the units at affordable prices. After 7 years, these units are allowed to be sold or rented at the market rate. As a result, after 7 years, the Town will face new petitions to double or quadruple the permitted zoning density, in order to meet the need for affordable housing. Given the Town's goal of maintaining a rural and diverse community, the tactic of doubling or quadrupling density in order to provide what may amount to temporary housing for a specified socio-economic group is questionable. When the Town creates an Affordable Housing District, it provides substantial public (taxpayer-funded) subsidies in the form of: increased density, waiver of all Park and Playground fees (instead of for just the affordable 1ors), reduced public infrastructure (e.g. road specifications), reduced taxes for the 7 year period on the affordable lots. The program is structured to give the developer incentives and cash subsidies to provide new housing at lower cost to the consumer. The program does not provide incentives to local residents to acquire or renovate existing housing for their purposes. The Ptanning Board recommends a different and more comprehensive approach to affordable housing whereby the actual need is tracked and the appropriate opportunities provided to qualified buyers to purchase or renovate existing homes. PUBLIC HEARiNG OCTOBER 9, 2001 5:00 P.M. ON PROPOSED CHANGES TO ~100, AFFORDABLE HOUSiNG DISTRICT, ACCESSORY APARTMENTS. Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: Councilman Richter will read the public notice. COUNCILMAN RICHTER: "NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2001 a Local La~v entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Itousing District", now, therefore, be it NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a l~ublic hearin~ on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of October, 2001 at 5:00 I*.m. at which time all interested l~ersons will be Riven an opportunity to be heard. This proposed" Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, 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 use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(1), (3), (4), (6) and (7) of this chapter. 2 C. Accessory Apartment. One (1) accessory apartment is permitted in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand twq hundred and fifty (1,250) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of *.~rec (2) two (2) off-street parking spaces shall be provided for the one-family dwellin~ with an a~l~roved accessor~ al~artment. (g)Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No.6- 19931 (1) All accessory apartments shall be subject to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with insoections oerformed annually by the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occupancy for the accessory apartment. (m) The building, which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold and the New York State Uniform Fire and Building Code. (o) Notwithstanding the provisions of§ 100-3lB hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. 3 (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No.3-1989] (r) Home occupations are not permitted to be operated in or on the premises for w~'~c~ of the accessory apartment, is authorized or exists. (s) Accessory apartments permitted pursuant to this section shall remain affordable as defined by Director standards for the purpose of renting said accessory apartment, for at least twenty five (25} years from the date of the initial certificate of eligibility. By order of the Southold Town Board of the Town of Southold, August 28, 2001. Elizabeth A. Neville, Southold Town Clerk." There is correspondence from the Planning Department, Suffolk County Plarming Department, Southold Town Planning Department. It has been posted on the Bulletin Board and in the local paper. SUPERVISOR COCHRAN: You have heard the reading of the public notice at this time in relation to a zone change in the Affordable Housing District. This is in relation to accessory apartments in the Affordable Housing zone. Anyone like to speak in favor or opposed to this zone change in the Affordable Housing Zone. JIM DINIZIO: Jim Dinizio. One thing that I did read that in order to qualify it looked to me like any affordable housing really could qualify for that, the way that is read. I was wondering if you changed. I don't have the law. I didn't realize the meeting was at 4:30. I thought it was at 7:00. SUPERVISOR COCHRAN: Greg, are you familiar with that? TOWN ATTORNEY YAKABOSKI: Jim, what your question is you were speaking in favor of that. J1M DINIZIO: I was speaking in favor of it. TOWN ATTORNEY YAKABOSKI: M currently reads, the building, which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after January 1, 2002, or proof of occupancy prior to that date. JIM D1NIZIO: Okay, prior to that date. So, if you occupy affordable housing prior to the date that you just said would you qualify to have an apartment? I would be opposed to that. TOWN ATTORNY YAKABOSKI: What you are saying is if it was from today, if the building was built before that, but if it was a building that was built prior to today you would be opposed to that. JIM DINIZIO: Right. The ramifications are unbelievable in my mind. But, I did watch a show on channel 71 with Mr. McMahan, and you know, he convinced me it wouldn't make it affordable to have an apartment, you know, getting loans, and having qualified for loans, and the added value. I think that more than offsets the one or two people that could fit in these houses if they are indeed the ones that built now. Okay? I would be against if you could take that line out, that prior date line, then I think it makes a lot more sense. Then we know what we are dealing with. We could control it. There would be problems with enfomement. I don't know how you can enforce that. It would be very d'ffficult. Certainly if Mr. McMahon is that person, and if you hand him a list, and say, okay, go out and inspect these, or how does it get done, or how does the public know that it is being done? I see that as a problem. I think it would be much more appropriate for what you are going to accomplish. Do you want to go further, allow the houses? That is fine. Thank you very much. SUPERVISOR COCHRAN: Anyone else like to speak? Josh? JOSHUA HORTON: I am Josh Horton from Greenport. I would like to speak in favor of accessory apartments in affordable housing projects. It is a positive move for working people, and homeowners as welk I, also, speak just a little bit to Jim's statement. The ramifications I believe we can levy those ramifications by noting the rental market, and the need for rentals as it stands now, and that the influx of people, I don't believe there will be an influx of people moving into Southold Town as a result of accessory apartments. I think they should be reserved for people who are living in the commtmity. SUPERVISOR COCHRAN: As far as this affordable house zone is concerned you must work and live in the Town of Southold. That is the first qualification, second is one or the other, and third is other, and we have never gotten to the other, you know, affordable housing homes that we have provided. JOSHUA HORTON: And the people that would move into the accessory apartments in there a stipulation that they do live and work in the Town of Southold? SUPERVISOR COCHRAN: Defirfitely. JOSHUA HORTON: Positive move. SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to accessory apartments in affordable housing zone? JOSHUA HORTON: The other item I want to address is the off street parking. You have two off street parking (unintelligible.) SUPERVISOR COCHRAN: Anyone else like to address the Town Board, either pro or con, in relation to accessory apartments in the affordable housing zone? COUNCiLMAN MURPHY: I have one comment. Jim, I didn't pick up on that to be very honest with you. One of the things I tend to agree with you on that one in that a lot of our affordable housing projects prior to this were mixed commtmities. When I say mixed commtmities we had affordable houses and not affordable houses in them, and I think they were purchased on those basis. You know, this is the way they were, so I would tend to agree that it would be from this point forward in the affordable housing projects would be allowed. We may have problems once again, but then people know what they are buying and what they are getting into. JIM D1NIZIO: The reason that I say that is because of Mr. McMahon's reasons. Affordable houses that exist already they qualify for those. They are there. The thought of doing a home today that they are 5 allowed to have later on in certain area, but ones that are already there those people qualify. ! would like to see apartments allowed more throughout the town. We need to discuss that further. SUPERVISOR COCHRAN: Anyone like to address the Town Board for the last time? Any Board members? CATHERINE STEADMAN: Catherine Steadman of Matfituck. It is my understanding that these affordable rental do not have to be provided by the homeowners. Say a homeowner had two houses, and one affordable rental unit. (tape change.) Do they have to have a rental apartment attached to the house? COUNCILMAN ROMANELLI: No. CATHERINE STEADMAN: So, then these affordable houses may not...I mean if these homeowners decide they don't want an affordable apartment there may not be affordable apartments at all in this particular development, right? COUNCILMAN ROMANELLI: I think it all depends on the builder, and what his development proposal is. I think when a builder goes in and does something for affordable housing to build something he comes in with a plan for the homes. CATHERINE STEADMAN: So then the homeowner then say, okay, I don't want the apartment, then make them switch and have an apartment or not have an apartment? Who decides if you have an apartment or doesn't have an apartment? COUNCILMAN MOORE: I understand your question. I think part of it, it may be a perceived problem, but the reality is I think and Jim Dinizio commented on it, you have a situation now where the cost of getting a house there is a disconnect between getting the applicant, and what they are earning, and getting into that house. The purpose of the rental is to give them the income to hop up and get into that house in the first place. I think in reality they would be hard pressed to turn around and say, you know what? I have the house. I don't want to rent it anymore. Unless they are going to cut back to macaroni and cheese, and eat twice a week they can't carry what it takes to get in the house in the first place. I tmderstand the question as you presented it. I don't know it is a real problem, because the person has to bridge the gap. If the cost of housing exceeds the mortgagability of the applicant, and so this a tool that applicant needs for the house. I don't think that gotten that money in their pocket, they consider before giving it up. CATHERINE STEADMAN: I don't want just don't want this done under the guise that it is going to be a house with an affordable rental unit attached to it, and the people think it is all nice and wonderful, and then these people turn around, and say, no, we don't want an apartment attached to a house. COUNCILMAN MOORE: What I am getting at, as the reality is I don't think those people are going to be able to afford the house without the apartment. That is really crux of it I think. That is the fiscal theory, but Jim McMahon would be happy to...he knows the qualifications of the people that are coming, and just how badly they need this extra income. It is another form of income to help them meet the mortgage obligation. If he were to tell us this is going to work then maybe we have to rethink 6 that. The presumption is they need the rental income to get into the house. If the presumption is in error then we have to rethink this. SUPERVISOR COCHRAN: Excuse me. We record everything, so if we could we would love to have your comments at the mike. JERILYN WOODHOUSE: Jerilyn Woodhouse from Orient. I just have a couple of questions. What you are proposing is that if there is an existing affordable housing unit now, or it is only for ones that are going to be built in the future? COUNCILMAN ROMANELLI: The way it is written, the way it is right now you can put it into an existing affordable house in an affordable housing district. I think what Jim brought up was good point, so that is what is written. I think what our mindset is to put more into new homes, new construction of affordable housing. Put apartments in those homes, not in existing homes. JERILYN WOODHOUSE: How much of a mindset are you in going in that direction? Is that something that you are in agreement on? COUNCILMAN ROMANELLI: I think we are. Actually I thought that was why it was proposed, and you know, Jim actually called me on the phone during the week, and pointed that out to me also. So, I believe that is how we all decided. SUPERVISOR COCHRAN: It makes sense because the project, I hate that term project, I hate the term affordable housing, but our first development was done back, oh golly, maybe fifteen years ago, and the first one was Herb Mandel up on Boisseau Avenue, and Rich Israel, and they chose, I mean it is their property and they are doing the project. They are coming in under our zone, the affordable housing zone, and they felt very strongly that they could make it work in a mixed context. So, they sold half of the lots for affordable, and half to regular buyers, and it is a lovely, lovely neighborhood. The second one we did is over here across the way from Dave Defriest, if you drive in Jasmine Lane. One of the things with affordable housing we found, and perhaps you have to...maybe there is a ten or fifteen year cycle to this problem. It was back in the eighties when the land costs went sky high we had kids that were working in Southold, and providing services for us that needed a place to live, so this is how we got involved there. That is plumbers over there, and they work for the cement company, and it goes on, and on, and on, and these are mostly blue-collar workers, and providing services to the community. They have never moved, nor have the people from up at High Point, because they stayed in the house, and built their equity. I was Chairman of the first Affordable Housing Committee many years ago, and we thought they would build their equity, and then they would move on to a larger house as they were having children, and so forth, and continue to maybe rebuild their equity. Every one of them have been very happy to stay where they are, but they have built up their equity. They have put on a garage. They have finished up the upstairs. A few, those that can afford it, do have a swimming pool so it is another lovely neighborhood in Southold. Elijah's Lane, the same way. JERILYN WOODHOUSE: Do you want me to tell you what my concern is, and I am glad to hear that you are moving in the direction that you are. It is my understanding that some of the affordable housing homes are owned by people who do not live in them, who have bought them, and who have rented them, and they have rented them for long periods of time. There is one on the market right now 7 I understand for $250,000. My concern would be if you have an affordable housing home that is owned by an absentee landlord, who has been renting it all these years, and you allow them to add another apartment to it you are just creating another opportunity for someone to make more money, and not make that unit affordable. That is just my concem that I would ask you to look at carefully as you look at what affordable housing is. SUPERVISOR COCHRAN: Ged, we had one due to divorce that was turned over, and I believe one that a father bought for his daughter, so he doesn't live there. You can check with Jim McMahon, but these are the only two I am aware of that have not maintained with the people that have moved in. I agree. These people had the opportunity to get affordable housing, get a $25,000 grant from the State, and $15,000 from the home program, so they have a decrease of $40,000, and they have to be able to qualify for a mortgage, and like I say, live and work. If you read the Affordable Housing Law there are many stipulations, but I would not like to see the people already in affordable houses have the opportunity to put in an apartment. I just don't think the two go together. I think from this date on it is built as an apartment then I don't have a problem with it. JERILYN WOODHOUSE: Thank you. SUPERVISOR COCHRAN: You are welcome. Anyone else like to address the Town Board in relation to accessory apartments in the AHD Zone? (No response.) If not, I will close the hearing. Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 $o~thold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m. Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Signature, Received By ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS lkIARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m., Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Neville Southold Town Clerk Attachments CC: Date Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Somhampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department ' Sigffature, Retell/ed By ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 RECEIVED $outhold Town tier[ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m., Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in thc enclosed self-addressed, stamped envelope. Thank you. Neville t Southold Town Clerk Attachments Suffolk County Depm'hnent of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Date ignature, eceived By ELIZABETH A. NEVILLE TOWN CLERK REGISTR, AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RECEIVED SEP ] 8 S~utho?d Town Clad OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m., Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Bmlding Department Date Signature,~eceived B~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 RECEIVED Soulhold Town Cled: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m., Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Neville Southold Town Clerk Attachments cc~ Suffolk County Department of Planning Long Island State Park Commission Village of Crreenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Date Signature, Received By RECEIVED ,SEP 17 2001 Southold Town Cle~ DEPARTMENT OF PLANNING c% ,q-FY OF SUFFOLK ROBERT J. OAFFNEY SUFFOLK COUN I~ EXECLrFIVE THOHAS ISLES, AICP DIRECTOR OF PLANNING September 12, 2001 Town of Southold Zoning Board of Appeals Applicant: Town of Southold Zoning Action: Amendment to Section 100-53 of the Town Zoning Code Public Hearing Date: 10/9/01 S.C.P.D. File No.: SD-01-02 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 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, Thomas Isles Director of Planning GGN:cc G:ICC H ORN'fSZO NIND~ZONIN G/WORKING/LD2001/SE~T/SDO1 ~02 SEP S/s Gerald G. Newman Chief Planner LOCA~ON MAILING ADDRESS H LEE DENNISON E~LDG - 4TPI FLOOR · P O. BOX 6 I O0 · (63 I ) 853-5 190 ELIZABETH A. NEVILLE TOWN CLERK RI~iGISTIL~R OF VITAL STATISTICS MARRIAGE OFFICER R~]CORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 OFFICE OF TIlE TOWN CLERK TOWN OF SOUTttOLD September 14 2001 Thomas Isles, Director Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted is the Southold Town Planning Board's report and recommendations on the proposed Local Law in Relation Zoning, Chapter 100, Article V, Affordable Housing Distr/ct received today. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A, Neville Southold Town Clerk Enclosures (1) cc: Town Board Town Attorney PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCH1E LATHAM, JR. RICI~kRD CAGGIA-NO RECEIVED 2001 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Southold Town Clerl,. Memorandum To: From: Date: Elizabeth Neville, Town Clerk Valerie Scopaz, AICP, Town Planner September 13, 2001 Re: Proposed Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District The Planning Board has reviewed the proposed legislation and finds the following: The minimum required number of off-street parking spaces that must be provided for the one-family dwelling with an approved accessory apartment should be left at three spaces in order to provide for two spaces for the principal residence and one space for the apartment. The Board feels that adequate off-site parking should be required in order to facilitate the maintenance and plowing of the street. 2. There are typographical errors: The word "a" should precede the phrase "one-family dwelling, subject to the following requirements:" at the beginning of Subsection C. Subsection (s) should be corrected by adding punctuation and/or words after the word "Director", as the current text does not make sense. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m., Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. El(z~beth A. Neville (/ Southold Town Clerk Attachments cc~ Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department ELIZABETH A. NEVILLE TOWN CLF. RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2001 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 5:00 p.m., Tuesday, October 9, 2001 on the enclosed proposed Local Law entitled "A Local law in relation to Zoning, Chapter 100, Article V, Affordable Housing District". Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhcad Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Date Signature, Received By ELIZABETH A, NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT Tile FOLLOWING RESOLUTION NO. 616 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28~ day of August, 2001 a Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Planning Deoartment and the Suffolk County Planning Commission for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. This prOposed "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AItD) District [Added 7-1 - t 986 by L.L. No. 6-1986; amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L,L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or pan ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (3), (4), (6) and (7) of this chapter. C. Accessory Apartment. One (1) accessory apartment is permitted in an cxisting one-family dwelling, subjcct to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand hundred and fifty (1,250) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (0 A minimum of ~rec (~) two (2) off-street parking spaces shall be provided for the one-family dwelling, with an al~l~roved accessory a0artment. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by I~L. No.6-1993] (1) All accessory apartments shall be subject to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with insoections oerformed annually bv the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occupancy for the accessory apartment. (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold and the New York State Uniform Fire and Building Code. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 1VIA~AGEMENT OFFICER FREEDOM OF INFOtLMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 7, 2001 Bennett Oflowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed change of zone and forward same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTIkkR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town HMi, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax(631) 765-6145 Telephone(631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 7, 2001 Thomas Isles, Director Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted is proposed Local Law in Relation Zoning, Chapter 100, Article V, Affordable Housing District. I have also referred it to the Southold Town Planning Board for their report and recommendations. I will send you a copy of their report as soon as I receive it from them. Please review and prepare an official report defin/ng your department's recommendations with regard to this proposed local law and forward same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (1) LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28lh day of August, 2001 a Local Law entitled, "Lneni Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will bold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of October, 2001 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. This proposed "LOCal Law in reis. lion to Zoning, Chapter 100, Article V, Affordable Housing District", which reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: LOCAL LAW NO. -- 2001 ARTICLE V, Affordable Homll~ (AHD) District [Added 7-1-1986 by L.L No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10.1989 by L.L No. 1-1989EN] § 100-53. Use regulations. In the AHD District, 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 use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accemory apartment m set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100- 31C(1), (3), (4), (6) and (7) of this chapter. C. Aec~sory Apartment. One (1) accessory apartment is permRted in a.~ ::.~'.'..:.~ oDe-family dwelling, subject to the following requirements: (al The acc~ory apartment shall he Ineated in the principal building. fbi The owner of the ewlati~g dwelling units as the owner's orind- mil residence. In the event of an one (1) year from ,~*o of Rid d~mi~ 5-20-1993 bv L.L. No. 6-19931 b~ subject to the audit of the CommunBv Development Of Bce. I'ellev~d apmzally with Inngeclions ~4ioihliity will rtsuR in the loss and revocation of the certificate of occu- to Je~' -tv 1. ~0.~ or proof of occu- Chatter 100 of the Town Code of tile Town of Southold and the New York State Uniform Fire and Buliding (ol Nniwithst~nding the provisiom of ~ 100.31B he~eof, no site plan he r~nired for the e~t~hlishment of (u)Ar--- . by ,Ih* Suffnik County 'dl]--h' ~ervim of the (at No bed.and-br~l~fast facilit~. a~ authorizJ~ by § 100.31B{14) hert- l~ authoriztd or p.zl~.~ [Added 1989 by L.L. No.3-19891 Crl Hemt oc~.~aons art not Der- DpmJ~es .'~.Z ~-.~ Of ~ acce~orv at ~ tw~W five ¢2$/ years from SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, AUGUST 28, 2001. I~LIZABETH A. NEVILLE SOUTHOLD TOWN CLBRK STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~'~ ~[~-.L(('3~L~ of Mattituck, in said county~ingtduly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- fished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for I weeks succes/si_.vely, commencing on the v.~ day Swom to before m9 this ~Q dayof ~-c,~ ~ ~- 20OJ LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2001 a Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of October, 2001 at 5:00 l~.m. at which time all interested persons will be given an opportunity to be heard. This proposed" Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: BE IT ENACTED, by the Town Board of the Town of $outhold as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-I-1986 by L.L. No.6- 1986; amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(1), (3), (4), (6) and (7) of this chapter. C. Accessory Apartment. One (1) accessory apartment is permitted in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand hundred and fifty (1,250} square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of t~rec (3) two {2) off-street parking spaces shall be provided for the one-family dwellin~ with an approved accessory apartment. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) (l) (m) (n) (o) (p) (q) (r) (s) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No.6-1993] All accessory apartments shall be subject to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with insoections oerformed annually by the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occupancy for the accessory apartment. The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold and the New York State Uniform Fire and Building Code. Notwithstanding the provisions of§ 100-3lB 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. No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No.3-1989] Home occupations are not permitted to be operated in or on the premises far '.'.'~c~ of the accessory apartment, is authorizcd or exists. Accessory aoartments oermitted oursuant to this section shall remain affordable as defined by Director standards for the 0uroose of rentim/said accessory aoartment, for at least twenty five (25) years from the date of the initial certificate of eligibility. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, AUGUST 28, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 6, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Building Department Zoning Board of Appeals Planning board Assessors Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dulyswom, says that on the ~'rt4 dayof~ ,2001, she affixed a notice of which the annexed printed notice is a true copy, 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. NOTICE OF PUBLIC HEARING: Amendment to Affordable Housing District ville/ Southold Town Clerk Sworn before me this ~ day of. ~5~;t-~a~~ ,2001. I.YNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk COLmtV Term Fxoir¢~' ~," ~" ' O~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 616 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2001 a Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Plannin~ Deoartment and the Suffolk County Plannin~ Commission for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. This proposed" Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, 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 use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (3), (4), (6) and (7) of this chapter. C. Accessory Apartment. One (1) accessory apartment is permitted in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand hundred and fifty (1,250) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of ~ree (~) two (2) off-street parking spaces shall be provided for the one-family dwelline with an aooroved accessory aoartment. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No.6-1993] (1) All accessory apartments shall be subject to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with insoections oerformed annually by the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occupancy for the accessory apartment. (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold and the New York State Uniform Fire and Building Code. (o) (p) (q) (r) (s) Notwithstanding the provisions of§ 100-3lB 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. No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No.3- 1989] Home occupations are not permitted to be operated in or on the premises f~r w~c~ of the accessory apartment, is authorized or cxlsts. Accessory aoartments oermitted oursuant to this section shall remain affordable as defined by Director standards for the ouroose of rentine said accessory aoartment, for at least twenty five (25} years from the date of the initial certificate of eligibility. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTP~X~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 586 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: RESOLVED that the Town Board of the Town of Southold hereby en~aRes the orofessional services of Nelson, Poise & Voorhis to I>erform the SEQRA review for I~rOl~osed amendments to Article V, Affordable Housine (AItD) District of the Code of the Town of Southold. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTILMI OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 615 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2001 a Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of October, 2001 at 5:00 o.m. at which time all interested persons will be given an opportunity to be heard. This proposed" Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, no building or prenf~ses 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 use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(1), (3), (4), (6) and (7) of this chapter. C. Accessory Apartment. One (1) accessory apartment is permitted in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand hundred and fifty (1,250) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (1) A minimum of three (~) two ~2) off-street parking spaces shall be provided for the one-family dwellin~ with an al~proved accessory apartment. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. IAmended 5-20-1993 by L.L. No.6-1993] (l) All accessory apartments shall be subject to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with insl~ections performed annually bv the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occupancy for the accessory apartment. (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold and the New York State Uniform Fire and Building Code. (o) (P) (q) (r) (s) Notwithstanding the provisions o~ 100-3lB 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. No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No.3- 19891 Home occupations are not permitted to be operated in or on the premises f~r w~:,c~ of the accessory apartment, is authorized or exists, Accessory aoartments oermitted oursuant to this section shall remain affordable as defined by Director standards for the ouroose of renting said accessory aoartment, for at least twenty five (25) years from the date of the initial certificate of eligibility. Elizabeth A. Neville Southold Town Clerk