HomeMy WebLinkAboutHamlet Business Zoning Dist 02VALERIE SCOPAZ, AICP
TOWN PLANNER
P.O. Box 1179
Town Hall, 53095 Main Road
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
Valerie. Scopaz~town.southold.ny.us
RECEIVED
OFFICE OF THE TOWN PLANNER
TOWN OFSOUTHOLD
8EP 5 201:)2
Memorandum
Suulhold Town Clerl
To: Joshua Y. Horton, Supervisor and
Town Board Members
From: Valerie Scopaz, AICP, Town Planner
Re: Proposed Local Laws in relation to Hamlet Business, General Business and Residential
Office districts, Chapter 100, Zoning.
Date: September 3, 2002
The Town Board referred the aforementioned amendments to the Planning Board and staff for
review and comment. Preliminary comments were sent on August 13, 2002 in response to the
public hearing notice. The comments that follow reflect additional concerns that have arisen from
further study.
The proposed amendment would permit (as of right) the construction of single and two family
dwelling units and accessory apartments within the Hamlet Business, General Business and
Residential Office zoning districts as of dght.
if the proposed amendments are adopted, the following will apply in the General Business district:
1) One-Family detached dwellings will be moved from a special exception by
ZBA to a permitted use and wiJl be exempt from site plan approval.
2) Two-Family dwellings will be a permitted use and will be exempt from site
plan approval.
3) Accessory Apartments will be permitted within the principal structure subject
to the following requirements:
i. Apartment permit issued by Building Department.
ii. Habitable floor area of at least 350 square feet.
iii. Three apartments maximum in each structure.
iv. Minimum of one off-street parking space per apartment.
Site plan approval needed if construction or remodeling of apartment results in an
increase in square footage.
If the proposed amendments are adopted, the following will apply in the Residential Office district:
1) As a permitted use, two-family dwellings will no longer have to be owner
occupied.
2) Apartments over business and professional offices wilt be a permitted accessory use
by right.
3) Accessory Apartments will be permitted within the principal structure subject
to the same requirements listed above.
If the proposed amendments are adopted, the following will apply in the Hamlet Business district:
1) One-family detached and two-family dwellings will be permitted uses.
2) Town buildings and school, park, and fire districts buildings will be a permitted use.
3) Multiple dwellings, accessory apartments and apartments over businesses, store, and
offices will be a permitted accessory use by dght
4) Accessory Apartments will be permitted within the principal structure subject to the
same requirements listed above.
5) Town houses will be eliminated from the list of permitted uses within Hamlet Business
districts.
As drafted, the amendments are not need to be carded through.
Fishers Island is a unique situation that possibly should be exempt from these changes.
The Board and staff will review this with Fishers Island representatives and report back.
Townhouse heading would need to be deleted from the bulk schedule within the zoning
districts from which those uses are being eliminated.
,_7 In the bulk schedule, minimum lot areas for B, RO, and HB should be stated. ONe do not
recommend a reduction in the current minimum required lot areas.)
~ The definition of Accessory Apartments has to be cladfied to be internally consistent.
The definition "Apartment" sets a 450 square foot minimum, while the proposed local law
sets a 350 square foot minimum for "Accessory Apartments".
Since the legislative intent of this proposed amendment was not stated, these subsequent
comments are based on the following assumptions, which may or may not be correct.
The purposes of the amendment are:
· ~*to reintroduce single-family and two-family dwelling units within the Genera/and Ham/et
Business Zoning districts, as of right, and
· :o toencouragethecreationofaccessoryapartrnentswithinGeneralandHamletBusiness
and Residential Omce districts by removing Planning Board oversight of site plans where
existing structures are renovated.
o~o To eliminate townhouses from Ham/et Business districts.
A reading of the proposed amendment raises the following questions:
Will a home occupation continue to be permitted within the principal dwelling in
addition to the accessory apartment (s)?
The Bulk Schedule for the Hamlet and General Business districts and the
Residential Office distdct 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, as well as for a two family dwelling.
The proposed legislation does not indicate whether an accessory apartment is
permitted within a two family house; nor whether each family is permitted an
accessory apartment.
The definition for an ACCESSORY APARTMENT states that it is a "dwelling unit
created in a presently existing one-family dwelling pursuant to Section 100-31B
(14)." The proposed amendments would create apartments that are not
described by this definition.
The definition for APARTMENT states that no such unit may contain less than
450 square feet. The proposed amendments call for a reduction in the size of
ACCESSORY APARTMENTS of 100 square feet. The Code also defines an
APARTMENT HOUSE (See below for definition), but it is not clear if it permits the
use in any zoning district.
10.
11.
12.
13.
14.
Neither APARTMENT nor the proposed amendments for ACCESSORY
APARTMENTS define a maximum square footage for this type of dwelling unit.
The definition for APARTMENT HOUSE states that it is a "building arranged,
intended or designed to be occupied by two (2) or more families living
independently of each other in apartments." Note that nothing is said about the
form of ownership or rental.
The definition for DWELLING, TWO FAMILY states that it is a "detached building
containing two (2) dwelling units only.
The definition for DWELLING, MULTIPLE provides for a "building or portion
thereof containing three (3) or more dwelling units. DWELLING UNITS are
defined as a" building or self-contained portion thereof consisting of a minimum
living area of eight hundred fifty (850) square feet..."
The proposed amendments do not indicate how the creation of two or more
accessory apartments within a structure will differ from an APARTMENT HOUSE
as currently defined.
The requirement of one additional parking space per apartment is felt to be too
Iow. Two additional parking spaces per accessory apartment should be required.
Further, the parking spaces should be located off-street, either on the premises
er in a municipal parking ~ot located within 200 feet of the premises provided that
sufficient parking exists within that lot for the additional use. This
recommendation flows from wdtten observations made by the Suffolk County
Planning Commission based on problems that have resulted in other
communities that introduced accessory apartments into the business districts
without providing for adequate off-street parking. For instance, in addition to
adding to mad congestion and a reduction of parking for customers of the
business districts, cars parked on the streets overnight hamper snow clearing
and storm cleanup crews.
The proposed amendment must address the location of the additional parking
lest entire front yards be paved over for parking spaces. Currently, the code
permits no fewer than four parking spaces within the front yard within residential
zoning districts. Since these parking spaces would be created within business or
residential office districts, and the spaces would impact the flow of traffic and
street maintenance within the business areas of the town, perhaps the spaces
should comply with the standards set forth in Section 250 Site Plan.
Single family and two family homes should not be encouraged within HB and B
since the town contains a limited amount of HB and B zoning and thus should
reserve it for those uses. Each of these districts was designed for business
t~ses. Pemqitting accessory apartments and multiple dwellings within the HE, and
B districts makes sense only if the size of these apartments and dwellings is
restricted.
The Residential Office district is perhaps the best suited to the creation of
accessory apartments due to its transitional nature between business and
residential districts.
15. The proposed amendment should be worded to prohibit more than one single- or
two-family dwelling per lot.
As noted in our earlier report, on proposed amendments to the Affordable Housing law,
the Planning Board supports the creation of small apartments as part of the overall
strategy of creating different housing types within hamlet centers 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 requires more work. At the least, some size
restrictions (and perhaps rental caps) should be imposed in order to ensure that this
housing stock does not simply become diverted into more seasonal rental units.
Given the Town's goal of maintaining a rural and diverse community, these amendments
deserve a more comprehensive reworking in conjunction with the Affordable Housing
Advisory Committee in order to ensure that a documented need is met.
Cc: Planning Board
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
M2d~RIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (63I) 765-6145
Telephone (631) 765-1800
southoldtown.north£orkmet
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 14, 2002
Thomas Isles, Director of Planning
Depmhnent of Planning
County of Suffolk
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles:
Transmitled are proposed Local Laws In Relation to Zoning, Chapter 100, Article VII,
Residemial Office (RO) District; Article IX, Hamlet Business (liB) D/strict; and General
Business (B) District of the Code of the Town of Southold. Also enclosed is the Southold Town
Planning Board's report. Please review and prepare an official report defining your depamnent's
recommendations with regard to this proposed local law and fonvard same to me.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very h'uly yours,
Southold Town Clerk
Enclosures
cc: Town Board
Town Attorney
V. Scopaz
G. Newman
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 13, 2002
5:02 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO HAMLET BUSINESS DISTRICT IN
CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD.'
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July 2002 a Local
Law entitled" Local Law in relation to Hamlet Business District in Chapter 100 of the Code of
the Town of Southold" 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, 530905 Main Road, Southold, New
York, on the 13th day of August 2002 at 5:02 I~.m. at which time all interested persons will be given
an opportunity to be heard.
The proposed "Local Law in relation to Hamlet Business District in Chal~ter 100 of the Code of
the Town of Southold" and, which includes the following:
LOCAL LAW NO.
2002
TOWN OF SOUTHOLD
A Local Law in Relation to Zoning, Chapter 100, Article IX, Hamlet Business (HB) District of the
Code of the Town of Southold is hereby amended as follows:
ARTICLE IX, Hamlet Business (HB) District [Added 1 - 10-1989 by L.L. No. 1-1989EN]
§ 100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business development in the
hamlet central business areas, including retail, office and service uses, public and semipublic uses, as
well as hotel and motel and multifamily residential development that will support and enhance the
retail development and provide a focus for the hamlet area.
§ 100-91. Use regulations.
In the HB 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 uses
except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No.
3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board:
(1) Any permitted usc :et forth in and regulated by § 100 3 IA(l) and (3) of thc Agricultural
Conservation District. One-family detached dwelling.
(2) Any permitted uses as set forth in and as regulated by § 10042A(2) of thc Hamlet Residential
D~st~ct. Two-family dwelline.
31~ Buildings, structures and uses owned or ol~erated by the Town of Southold, school districts,
park districts and fire districts.
(-3) (4) Boardinghouses and tourist homes.
(4) ~) Business, professional and governmental offices.
¢5) 6~ Banks and financial institutions.
(40 (7) Retail stores.
(-73 ~ Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L.
No. 9-1994]
(&) (9) Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, including barbershops, beauty parlors, professional studios
and travel agencies.
(10) ~ Art, antique and auction galleries.
(1 I) ~ Artists' and craftsmen's workshops.
(12) (13) Auditoriums or meeting halls.
(13) ~ Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
(44) (15) Custom workshops.
(15) ~ Bus or train stations.
(16) ~ Theaters or cinemas (other than outdoor).
(17) (18) Libraries or museums.
t-w~ Q~ ~ Laundromats.
t~t~ m (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(21) Multil~le dwellines.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by
the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (13) and (14)
of the Agricultural-Conservation District.
(2) Multiple dwellings and to~vnhouses.
¢331~ Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential
(RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No.
16-1990]
(4) [Amended 12121989 by L.L. No. 231989] Apartments may be permitted over retail stores
and busincss, professional and governmental offices, subject to the following requirements:
(a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the
design, location, acces~ and other safety related elements of every such apartment. No apartment shall
be permitted over filling stations, stores retailing flanunable or fume producing goods, restaurants or
3
other businesses with kitchens or other facilities producing intense heat or any other establishment
which the Fire Prevention Inspector determines to pose a greater than average built in fire risk.
(b) The habitable floor area of each apartment shall be at least four hundred fifty (d 50) square feet,
but in no case more than seven hundred fifty (750) square feet. Thc apartment shall not be located on
the first floor of the building, and the apartment shall contain all services for safe and convenient
habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary
(c) There shall be no more than three (3) apartments created or maintained in any single building.
(d) Each apartment, or common hallway servicing two (2) or threc (3) apartments, shall have a
separate access to thc outside of the building, which must be distinct from the access to uses on the
(e) Each apartment shall have at least one (1) on site off street parking space meeting thc standards
of this chapter, conveniently located for access to the apartment.
(f) Only thc owner of the building in which it is proposed to locate thc apartment(s) may apply for
this special permit. The Board of Appeals shall require that such applicant execute such agreements,
contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the
town as, upon recommendation of the Town Attorney, thc Board shall determine to be necessary to
ensure that:
[ 1 ] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any
other part5', except as part ora sale of the entire building in which the apartment is located.
[2] The apartment is made available for year round rental.
[3] The apartment is properly constructed, maintained and used, and unapproved uses are excluded
thcrcffcm.
[4] Any other condition deemed reasonable and necessary to ensure the immediate and long term
success of thc apartment in helping to meet identified housing needs in the community is complied
(-5) (3) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort
Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(4) (4) Fraternal or social institutional offices or meeting halls.
(-7-) (5) Drinking establishments.
(4) (6) Public garages.
(x)) (7) Funeral homes.
(10) 1~ ENFlea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) (9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the
follo~ving requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking
and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking
distance of the site or three hundred (300) feet, whichever is less. The improvement or development of
municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be
determined by the Planning Board as part of its site plan review procedure by conducting a parking
survey of the capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the long
environmental assessment form. The appropriate mitigation measures must be incorporated into the
site plan.
4
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are subject to Article XX,
are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-
Conservation District, and subject to the conditions set forth in § 100-33 thereof. EN
(2) Al~artments are i~ermitted within the i~rincil~al structure subject to the followina
requirements:
i) The Buildine Department issuine an accessory apartment permit.
ii) The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
iii) There shall be no more than three (3) apartments created or maintained in any single
structure.
iv) Each apartment shall have at least one (1) off street parking space.
v) Construction and/or remodeling of an existin~ structure to create an accessory
apartment shall not trieeer the need for site plan approval set forth specifically in
section 100-250 and Article XXV in eeneral unless such construction or remodeline
results in an increase of the square footage of the structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if
such regulations were set forth herein in full. EN
§ 100-93. (Reserved)
§ 100-94. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
§ 100-95. Effective Date.
This Local Law shall take effect immediately upon filin~ with the Secretary of State as provided by
law.
COUNCILMAN WICKHAM: It is basically similar to what we read before with a few, this is the
same idea of allowing, permitting, accessory apartments. The previous one was in the RO-residential
office zone-this one is the same idea in a different zone of the town called a hamlet business zone. !
have here certification that it has been a legal notice duly published in the local newspaper and one that
has been posted on the Town Clerk's bulletin board. We have heard the other comments and written
comtnents, I don't think that we need to go over them again.
5
SUPERVISOR HORTON: At this point, if anybody cares to address the Town Board on the public
heating hamlet business district.
JOHN NICKLES, JR.: I thought that I read the law pretty carefully but apparently I did not. I was so
focused on the addition of the accessory apartments, I didn't realize that you were taking away the
multiple dwellings. It has that town houses and multiple dwellings in the hamlet business zone. That
actually takes away more potential possibilities than adding a few accessory apartments in which case I
would have to be against that.
SUPERVISOR HORTON: Actually, I think that what it does is take it out of special exception
categories and makes it a permitted use.
TOWN ATTORNEY YAKABOSKI: As of right.
JOHN NICKLES, JR.: I misunderstood that.
SUPERVISOR HORTON: You won't have to go to the Zoning Board of Appeals to obtain a special
permit with special exceptions... (inaudible).. Would anyone else care to address the Town Board?
JOAN EGAN: (inaudible)
SUPERVISOR HORTON: Again, we are in a public heating on proposed changes in a hamlet
business district.
MARION SALERNO: My name is Marion Salerno. I was wondering if you could clarify the one
excluding townhouses and or condominiums?
SUPERVISOR HORTON: It is a matter of clarifying the definition, I don't think that they are actually
being excluded. The attorney's office is going to clarify townhouse (tape change)
TOWN ATTORNEY YAKABOSKI: (tape change) That this law removes from the district the
multiple use, multiple dwelling?
MARION SALERNO: It removes, it sounds like the Town is removing townhouses and or
condominiums.
TOWN ATTORNEY YAKABOSKI: What was happening, actually the term is multiple dwellings and
what it did, originally it was in paragraph B-any of the uses of paragraph B, you need usually both
special exception permit, additional permits-one from the Zoning Board and one from the Planning
Board, what happened with these changes in each of the laws was to take the use in paragraph B and
move it, take it out of paragraph B and put it in paragraph A. Paragraph A generally, you do not need a
permit from the Zoning Board and most times you do not need it from the Planning Board. So it is less
permits involved, less regulation involved, the term is multiple dwelling.
SUPERVISOR HORTON: Would anyone else care to address the Town Board?
6
MARIE BENNARDI: I just wanted to ask that you again just be sure that the town homes are not
specifically excluded from this. And secondly, one more time, since you are putting into effect a
moratorium and doing a plan that this be included..(inaudible) and include RO and hamlet-business,
etc. For all the things that you want to accomplish in your master plan. Thank-you.
EDWARD NORTON: Edward Norton, Southold. I just have a question on how this would effect the
condominium declaration, which mostly forbids accessory apartments?
SUPERVISOR HORTON: Not at all.
COUNCILMAN MOORE: (inaudible) anything to agree on a private covenant basis can not be
affected by this town.
EDWARD NORTON: Okay, thank-you.
MELANIE NORDEN: Melanie Norden, Greenport. I think all of us applaud and feel very strongly
that there is a definite need for affordable housing on the North Fork. Particularly given the rapid rise
of Riverhead development. What mechanisms has the Board considered to actually make this
affordable housing affordable? Because I probable don't need to tell you in any tourist economy,
rental apartments are also subject to the same pressures and rising rates as any other kind of housing.
Will there be some incentives for property owners to develop these apartments to actually rent them to
year-round people? Will there be any controls, vis a vis whether this will actually become affbrdable
housing? Will it remain affordable?
SUPERVISOR HORTON: On these proposed changes, the answer is no. I will tell you that the
housing committee that meets every other Friday is working on a set of recommendations that they will
present to my office and I will present to the Town Board. So everything that you am saying is what is
the source of discussion amongst the housing committee.
MELANIE NORDEN: So when this is finally voted on and decided on in terms of these public
heatings, will those particular mechanisms be in place or will they be available for review?
SUPERVISOR HORTON: No.
MELANIE NORDEN: So what is the time gap between the creation of the public hearing and the
housing and the definition as to where these mechanisms will work to sustain this as affordable
housing?
SUPERVISOR HORTON: Well, basically what we are doing right here is legislatively creating an
opportunity or creating a possibility of a market that doesn't exist right now. So the focus of our
changing...
MELANIE NORDEN: Well, I would like to really encourage the Town Board to go as far as it
possibly can to raise something beyond the market and to actually enact and create the affordable
housing that really is the platform of this administration. We think that it is critical and very important
but without any kind of guidelines, incentives or definitions these apartments will soon rent for $2500
per month or more in a tourist economy in the summertime. So, I needn't tell you the kind of pressures
that places like the North Fork are under, in summer, but we don't want to really create a bunch of
additional summer apartments, rentals, what we really hope the Town Board will create is what is part
of its manifesto, if you will, which is affordable housing for residents year round at reasonable rates.
So whatever incentives can be added or encouraged and can be looked at in terms of national
programs, I would like to really encourage the Board to do that. So that we really end up having viable
affordable housing for year round residents.
SUPERVISOR HORTON: Thank-you and I will say again that we have a group of people put
together that are really reaching far and wide for input on the issue and will be coming forward with
recommendations. As I said, this is one step, one very small step for dealing with the issue. It is going
to have to be not only these steps taken and not only commitment from the Board but it is going to
actually have to be a housing issue in this town and protecting Southold Towns most endangered
species and most valuable natural resource, that being our work force, our average working people in
this Town. It is going to have to be an on-going commitment from the community, from you all and
from us elected officials. So I agree with everything that you just said. Thank-you. Would anybody
else care to address the Town Board on this public heating?
JOAN EGAN: (inaudible) I think the difference between a town hall and condominium is that when
you buy a condominium in your papers you have to (inaudible) surrounding property. Whereas in a
town hall you have to take care of your own (inaudible) you will check that out Mr. Yakaboski won't
you?
JAY APPLEGATE: Jay Applegate, from Southold. I am here this afternoon in my capacity as the
Chairman of the Southold Town Housing Committee, which was formed by Supervisor Horton in June
of this year to explore avenues of education, outreach and funding. To address the urgent need for
more affordable housing primarily rental housing in existing structures in Southold Town. With this
mandate in mind, our committee has reviewed the proposed changes to the town code as they relate to
the creation of accessory apartments. We have discussed them with the Supervisor and consulted with
the Town Attorney for clarification on certain matters. We encourage the Town Board to approve the
changes as a first and immediately available step for alleviating the housing crisis. We are also
supportive of additional changes to improve or address the problem and hope that additional changes
may be considered as well. Our only reservation and word of caution is the deletion of the owner
occupancy requirement in the RO zone as it relates to the towns historic buildings. Many of which are
located in the RO district and as the Town has not yet adopted protective measures for those buildings.
In anticipation of the passage of the proposed changes, our committee is creating an inventory of
structures within the three zones, which would qualify for modification to accommodate accessory
apartments. In order to understand how many potential accessory apartments might be created as a
result of the proposed changes. We know the demand is great. The North Fork Housing Alliance
received 180 inquiries in the first six months of 2002 from people who were unable to find apartments
which they could afford. Also in anticipation of the Boards approval of these changes we have
gathered information from the Building Department on application procedures, from the Assessor's
Office on the potential tax consequences of creating an accessory apartment and from various lending
institutions which could provide capital to owners to finance the creation of accessory apartments. We
are preparing a pamphlet, Accessory Apartments in Southold Town, to help educate those who could
be eligible for conversion and guide them through the process. In addition, since its inception, one or
more members of our committee have met with representatives of the following, the Long Island
Campaign for Affordable Rental Housing, the Long Island Community Foundation, the Long Island
Housing Partnership and Community Housing Innovation. In each case, it was our intent to learn
about actions and experiences in other communities addressing their citizens housing needs. In
summary, your actions today could begin the process of creating more affordable apartments for
citizens of our Town. We strongly urge you to vote in favor of these proposed changes, thank-you.
SUPERVISOR HORTON: Would anybody else care to address the Town Board on the public
hearing. We will close this public hearing and move to the third and final, which will be very similar to
the two that we just experienced.
Elizabeth A. Neville
Southold Town Clerk
Comments made by Jay Applegate to Southold Town Board on August
13, 2002 re proposed changes to Town Code for RO, HB and B districts
relating to accessory apartments:
My name
Jay Applegate from
Southold3' '
and I am here this afternoon in my
capacity as the chairman of the Southold
Town Housing Committee, which was
formed by Supervisor Horton in June of
this year, to explore avenues of
education, outreach and funding to
address the urgent need for more
affordable housing, primarily rental
housing, in Southold Town.
With this
mandate in mind, our .committee has
reviewed the proposed changes to the
Town Code as they relate to the creation
of accessory apartment in the RO, HB
and B zoned area in Southold Town. We
have discussed them with the Supervisor
and consulted with the Town Attorney
for clarification on certain matters and
encourage the Town Board to approve
the changes as a first and
available step
immediately
toward alleviating th'e
housing cns~s. We are also supportive of
additional changes which would further
address the problem and hope that
additional changes may be considered
too. Our only reservation and note of
caution ~s the deletion of the owner-
occupancy requirement in the RO zone as
it relates to the Town's historic buildings,
many
of which are located in RO
districts,
as the Towfi'Board has not yet
ztdopted proper protective measures for
those buildings.
In anticipation of the passage of the
proposed changes, our committee ~s
creating an inventory of structures within
the RO, HB and B zones which would
qualify for modification to accommodate
an accessory apartment in order to
understand how many potential accessory
apartments might be created as a resUlt
the proposed changes, as we know the
demand is great.
The North Fork
Housing Alliance received 180 inquiries
in the first six months of 2002 from
people who were unable to find
apartments which they could afford.
Also in anticipation of the Board's
approval of these changes, we have
gathered information from the Building
Department on application procedures,
from the Assessor's office on the
potential tax consequences of creating an
accessory apartment and from lending
institutions which provide capital to
finance the creation of accessory
apartments and are prepanng a pamphlet
to help educate those whose buildings
would be eligible for conversion to
accessory apartments.
its inception one or
In addition,
since
more of our
committee members have met with
representatives of the
following
organizations:
Long Island Campaign for Affordable
Re, ntal Housing, The Long Island
Community Foundation, the Long Island
Housing Partnership, and Community
Housing Innovations. In each case, it
was our intent to learn about actions and
experiences 'of
other
communities in
addressing their citizens housing needs.
In summary, your actions today could
begin the process of creating more
affordable.apartments for citizens of our
Town. We strongly urge you to vote in
favor of the proposed changes. Thank
yOU.
~hair
of the code committee, presented, a
changes
BoSiness,
around
i's to
these areas. While not
in price-controlled, it is expected that
the majority of s~c,h dwellings would
provide l~ss.expefis've housing,
In all three zones, accessory apart,
merits in i i~t{nc'i~[e Stim~iare VJould
be allowed by rigg(.with a permit from
the building depa~tm0nt, rather than
by special exc~ption f}9/~ the Zoning
Board of Appeals. No site plan would
e existing x '
tsihze x~ould be reduced from 450 to 350
be
~,-- From page 20
pr6moting mixed use ~an op~B ~p
housing opfi0nS and h~tp revlia~e
buSinesS a[eas.
[fi HB, multi- and two-family
dwellings would be allowed by right
rather than special ,excepti0~. In RO, ·
dwi!lings With an aecesS0ry apartment
would no 10ng~r have to ~ owner-
oceppied. ~ :
Town Board members seem favor-
ably disposed to the proposed code
changes, and a public hearing ~hould
be scheduled in the near future~
k¢~P
order
, of life
that- thinking ~s
board mere-
accepted.that
see Notea, oage 32
~-t~ -0.2
- Ro
John Nickles, Jr., Southold .... I'm pleased to be standing before this board
today to offer support for the proposed legislation that would permit
apartments (as a matter of right) within the Business, Hamlet Business and
Residential Office zones.
With an ever increasing demand for housing on the East End of Long Island,
it is very important that the town recognize the relative short supply of
reasonably priced homes and rental apartments that are available to the year
round residents of Southold Town.
Having a supply of homes and/or rental apartments that are within reach of
our full time population is a major factor in preserving our rural quality of
life. It is time to recognize that our young adults, our working residents and
our retirees are an integral part of keeping Southold...Southold. I believe
that what makes our town so unique is not just the beauty that exists of our
rural landscape, but also the social and economic diversity of our human
landscape.
There are a number of other things that the town could do to recognize the
needs of our year round population, our workforce and our economy. The
town should look at the factors that have increased the cost of living as well
as the cost of doing business in Southold and then decide to make some
positive adjustments to our code and our policies. Indeed, providing these
additional avenues for housing is a good start. But we hope that this is just a
small first step (one of many) that the town believes it should take for the
full time, retired and working residents of Southold Town, Thank you,
WILLIAM WICKHAM
ERIC J BRESSLBR
ABIGAILA WICKHAM
LYNNE M CORDON
JAN ET GEASA
LAW OFFICES
WlCKHAM, WICKHAM 8, BRESSLER, P.C
103t5 MAIN ROAD, P.O BOX 1424
MATTITUCK, LONG ISLAND
NF_W YORK 11952
631-E98-8353
TELEFAX NO 631-Z98-8565
MELVILLE OFFICE
BF~OAD HOLLOW ROAD
SUITE III
Town Board, Town of Southold
Post Office Box 1179 53095 Main Road
Southold, New York 11971
August t3,2002
Re: l~roposed Zoning Code Amendments for Accessory Apartments
Gentlemen:
While I commend your intention to ease the housing crisis for those of limited means,
I strongly believe the proposed revisions before you tonight would create a disastrous
effect on our hamlet centers without truly accomplishing their intended purposes.
Specifically, you propose very small apartments, and up to three of them, per building.
The currently permitted size of 450 sq. feet is small, and to reduce it further would create
overcrowding. It would also not meet the need of families for housing it's just too
small. Further, you propose to remove, as I read the legislation, the jurisdiction of the
Planning Board for site plan review. It would seem imperative that planning
considerations dictate a review of screening, parking, lighting, and perhaps architectural
review'. Moreover, the requirement of one parking space per unit is unrealistic. How
many couples do you know that operate with one car? And where will their friends park?
The businesses will not want street parking used, and we have already seen in the Pike
Street, Mattituck, parking lot, for example, a large number of vehicles from nearby
residential uses parking overnight and during the day which take up business customer
space. The situation is manageable now, but our municipal lots are not equipped to
handle this proposed expansion.
The biggest problem I see, however, is the lack of an owner-occupancy requirement.
Coupled with the removal of the Planning Board review and other restrictions currently
required by the Code, this creates a total lack of control. Our hamlet centers are now very
pleasant places, and are considered by many as a nice place to live. However, many
communities thrther West have seen a marked decline in their downtown areas when they
were opened up to this type of housing density without an owner presence. 1 do not
believe the owner of the building has to live there, but he should have a physical presence
in the building, as the owner of the business, for instance. Your lawyers will have to
carefully word that requirement to accommodate businesses operated as companies, not
individuals, to include an ownership requirement of the business-operating company.
operating company. However, I think the owner occupancy concept is critical, because
many absentee landlords will not care what type of lifestyle their tenants follow or will
not monitor closely the upkeep of the apartments and the building exteriors. We do not
want to see our hamlets fall victim to overcrowding, litter, crime, and deterioration, i do
not want to sound alarmist, because I do think some provision for apartments in this area
is a good idea, but this legislation goes way too far.
The proposal for the Residential-Office zone should be very carefully considered.
These are usually the buffer areas on the outskirts of the hamlets, and often contain very
nice, well appointed homes, mostly along the Main Road. They were designed to
moderate between the hamlet business areas and the rural areas in between, by providing
professional and other uses which would help maintain value while remaining compatible
with the nearby business areas. To inundate these areas with high density apartment
housing would be a bad idea.
In summary, the concept of increasing the housing stock by making accessory
apartments available is a good one, but this proposal goes far afield in removing owner
occupancy and permitting too many apartments per parcel, too small, and without the
necessary restrictions and controls.
Very truly yours,
Abigail A. Wickham
AAW/
30/shdtnbrd
cc: Planning Board
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN SIDOR, JR.
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To~
From:
Re:
Date:
Town Board //5~ ~,,d~, /
Valerie Scopaz, AICP, Town Planner 1/. Zg4/~"~
Local law changes to B, RO, and HB zoniBg di~trict~.
August 13, 2002
Following are the comments of the Planning Board and Staff regarding the proposed code
changes to the Business, Residential Office, and Hamlet Business zoning districts. Our
review is based on the assumption that the intent for the changes is to provide
opportunities for the creation of different types of housing near hamlet business centers.
General Business (B)
If the proposed amendments are adopted, the following will apply:
1) One-Family detached dwellings will be moved from a special exception by
ZBA to a permitted use and will be exempt from site plan approval.
2) Two-Family dwellings will be a permitted use and will be exempt from site
plan approval.
3) Accessory Apartments will be permitted within the principal structure subject
to the following requirements:
i.Apartment permit issued by Building Department.
ii. Habitable floor area of at least 350 square feet.
iii. Three apartments maximum in each structure.
iv. Minimum of one off street parking space per apartment.
Site plan approval needed if construction or remodeling of apartment
results in an increase in square footage.
Residential Office (RO)
If the proposed amendments are adopted, the following will apply:
1) As a permitted use, two-family dwellings will no longer have to be owner
occupied.
2) Apartments over business and professional offices will be a permitted
accessory use by right.
3) Accessory Apartments will be permitted within the principal structure subject
to the same requirements listed above.
Hamlet Business (liB)
If the proposed amendments are adopted, the following will apply:
1) One-family detached and two-family dwellings will be permitted uses.
2) Town buildings and school, park, and fire districts buildings will be a
permitted use.
3) Multiple dwellings and townhouses will no longer be a permitted use by a
special exception.
4) Accessory apartments and apartments over businesses, store, and offices will
be a permitted accessory use by fight
5) Accessory apartments will be permitted within the principal structure subject
to the same requirements listed above.
Planning Department Comments:
~ Fishers Island is a unique situation that possibly should be exempt from these
changes. The Board and staff will review this with Fishers Island representatives
and report back.
~ Multiple dwelling and townhouse headings need to be deleted from the bulk
schedule.
~ In the bulk schedule, minimum lot areas for B, RO, and HB should be stated. We
do not recommend a reduction in the current minimum required lot areas.
~ The definition of Accessory Apartments has to be clarified to be internally
consistent. The definition "Apartment" sets a 450 square foot minimum, while
the proposed local law sets a 350 square foot minimum for "Accessory
Apartments".
c~ A typographical change needs to be made in the HB Local Law at 100-90-A.
Uses permitted "under Subsection A(1), A(2), and A(19)..." should now read
"...A(1), A(2), and A(20)" or "A(1), A(2), and A(21)" depending on the intent to
refer to "(20)Bed and Breakfasts" or to "(21)Multiple Dwellings".
(21) Multiple dwellings.
B. Uses permitted by special excep-
tion by the Board of Appeals. The fol-
lowing uses are permitted as a special
exception by the Board of Appeals as
hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Any special exception use set
forth in and as regulated by § 100-
31B(3) to (6) and ~ and (14) of the
Agricultural-Conservation District.
(2) Multiple 6'e~clling~ and tov~n
{.~ ~2~ Motel and hotel uses as set
forth in and regulated by § 100-61B(4)
of the Resort Residential (RR) District,
except that minimum lot size shall be
three (3) acres. [Amended 7-31-1990 by
L.L. No. 16-1990]
(~) [/~ma~ndcd 12 12 19&9 b'! L.L.
~ L~ Public garages.
STATE OF NEW YORK)
)SS:
.,//',¢.,x~..~--~'c-~,,~ of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published 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 published in said Newspaper
once each week for / weeks succes-
sively,.~commencing on the / day
of ,/~'d-M.5 7'" 20~.~,
Jerk
Sworn to bef..gre me this / ~
day of ~ 20 ~ ~)._.
LAURA E. BONDARCHUK
Notary Public, State of New York
No 01 B06067958
Qualified in Suffolk Co~ty --
My Commission Expires Dec, 24, 20~13
x'~o. 9-1994] Takeout and formula food
restaurants, subject to the following
requirements:
(a) Adequate parking shall be provid-
ed in accordance with that required by
Article XIX, Parking and Loading
Areas, of this chapter. All parking
spaces shall be located within reason-
able walking distance of the site or three
hundred (300) feet, whichever is less.
The improvement or development of
municipal parking may be used to satis-
fy this requirement. The adequacy of
municipal parking shall be determined
by the Planning Board as part of its site
plan review procedure by conducting a
parking survey of the capacity of the
existing municipal parking area to
accommodate the projected increase in
usage due to the introduction oftbe sub-
ject land use.
(b) An assessment of the potential
traffic impacts of the proposed use must
accompany the long environmental
assessment form. The appropriate miff-
gation measures must be incorporated
into the site plan.
(c) There shall be no counter serving
outdoor traffic via a drive-in, drive-
through, drive-up, drive-by or walkup
window or door.
(d) Exterior signage shall conform in
all respects to Article XX, Signs, of this
chapter and, further, may not be lit from
within.
(e) Advertisements, including trade-
mark logos, may not be affixed, painted
or glued onto the windows of the busi-
ness or onto any exterior structures,
including waste disposal receptacles
and flags.
(f) The physical design, including
color and use of nmterials, of the estab-
lishment shall be compatible with and
sensitive to the visual and physical char-
acteristics of other buildings, public
spaces and uses in the particular loca-
tion.
C. [Amended 5-9-1989 by L.L. No.
6-1989] Accessory uses. The following
and, except for residential accessory
uses and signs, which are subject to
A~icle XX, are subject to site plan
(1) Accessory uses as set forth in and
regulated by § 100-31C(1) through (7)
of the Agricultural-Conservation
District, and subject to the conditions
set forth in § 100-33 thereo£
(2) Apartments are permitted within
the principal structure subject to the fol-
lowing requirements:
i) The Building Department issuing
ii) The t~abitable floor area of each
apartment shall be at least three hundred
and fifty (3501 square feet.
iii) There shall be no more than three
(31 apartments created or maintained in
any single structure.
iv) Each apartment shall have at least
one (l/off street parking space.
v) Construction and/or remodeling of
an existing structure to create an acces-
sory apartment shall not trigger the need
for site plan approval set forth specifi-
cally in section 100-250 and Paticle
XXV in general unless such construc-
tion or remodeling results in an increase
of the square footage of the Structure.
§ 100-92. Bulk, area and parking reg-
ulations.
No building or premises shall be
used and no building or part thereof
shall be erected or altered in the HB
District unless the same conforms to the
Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter
by reference, with the same force and
effect as if such regulations were set
forth herein in full.
§ 100-93. (Reserved)
§ 100-94. Severability.
If any clause, sentence, paragraph,
section, or part of this Local Law shall
be adjudged by any court of competent
jurisdiction to be invalid, the judgment
shall not effect the validity of this law as
a whole or any part there of other than
the part so decided to be unconstitution-
al or invalid.
§ 100-95. Effective Date.
This Local Law shall take effect
immediately upon filing with the
Secretary of State as provided by law.
Strike-through represents deletion.
Underline represents insertion.
BY ORDER OF THE
SOUTHOLD TOWN BOARD OF
THE TOWN OF SOUTHOLD,
IULY 2, 2002
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
LEGAL NOTICE
NOTICE OF 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 2nd day of July 2002 a Local Law
entitled" Local Law in relation to Hamlet Business District in Chal)ter 100 of the
Code of the Town of Southold" 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, 530905
Main Road, Southold, New York, on the 13th day of August 2002 at 5:02 o.m. at which
time all interested persons will be given an opportunity to be heard.
The proposed "Local Law in relation to Hamlet Business District in Chal~ter 100 of
the Code of the Town of Southold" and, which includes the following:
LOCAL LAW NO.
2002
TOWN OF SOUTHOLD
A Local Law in Relation to Zoning, Chapter 100, Article IX, Hamlet Business (liB)
District of the Code of the Town of Southold is hereby amended as follows:
ARTICLE IX, Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989EN]
§ 100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business
development in the hamlet central business areas, including retail, office and service uses,
public and semipublic uses, as well as hotel and motel and multifamily residential
development that will support and enhance the retail development and provide a focus for
the hamlet area.
§ 100-91. Use regulations.
In the HB 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 uses except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-
1995 by L.L. No. 3-1995] Permitted uses. The following are permitted uses and, except
for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted uso set forth in and regulated by § I00 3 lA(l) and (3) of the
Agricultural Conservation District. One-family detached dwelling.
(2) Any permitted uses as sot forth in and as regulated by § 100 42A(2) of the Hamlet
Residential District. Two-family dwelling.
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(-3) (4) Boardinghouses and tourist homes.
(4) ~ Business, professional and gnvemmental offices.
(-5) (6) Banks and financial institutions.
~ 7.(2.l Retail stores.
(--7-) 8/~ Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-
1994 by L.L. No. 9-1994]
(4~) ~ Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, including barbershops, beauty parlors,
professional studios and travel agencies.
(!9) (11) Art, antique and auction galleries.
(11) (12) Artists' and craftsmen's workshops.
(12) (13) Auditoriums or meeting halls.
(13) (14) Repair shops for household, business or personal appliances, including cabinet
shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and
bicycle and motorcycle shops.
04) (15) Custom workshops.
(15) (16) Bus or train stations.
(I 4) (17) Theaters or cinemas (other than outdoor).
(17) (18) Libraries or museums.
(I 8) (19) Laundromats.
(19) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter provided,
subject to site plan approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and
(13) and (14) of the Agricultural-Conservation District.
(2) Multiple dxvellings and townhouses.
(-3) ~) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort
Residential (RR) District, except that minimum lot size shall be three (3) acres.
[Amended 7-31-1990 by L.L. No. 16-1990]
(4) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may be permitted over
retail stores and business, professional and governmental offices, subject to the following
roquiremants:
(a) The explicit written approval of the Town Fire Prevention Inspector shall bo
obtained for tho design, location, access and other safety related clements of every such
apartment. No apartment shall bo permitted over filling stations, stores retailing
flammable or fume producing goods, restaurants or other busines~ with kitchens or
other facilities producing intense heat or an3' other establishment which the Fire
Prevention Inspector determines to pose a greater than average built in fire risk.
(b) The habitable floor area of each apartment shall be at least four hundred fifty
(450) square feet, but in no case more than seven hundred rift), (750) square feet. The
apartment shall not be located on the first floor of the building, and tho apartment shall
contain all services for safe and convenient habitation, meeting the New York State
Uniform Fire Prevention and Building Code and the Sanitary Code.
(c) There shall be no more than three (3) apartments created or maint~fmod in any
single building.
(d) Each apartment, or common halhvay servicing two (2) or throe (3) apartments,
shall have a separate access to the outside of the building, ~vhich must be distinct from
the ace, s to uses on the first floor.
(e) Each apartment shall have at least one (1) on site off street parking space meeting
thc standards of this chapter, conveniently located for access to the apartment.
(f) Only the owner of thc building in which it is proposed to locate the apartment(s)
may apply for this special permit. The Board of Appeals shall require that such applicant
execute such agreements, contracts, easements, covenants, deed restrictions or other legal
insmunonts running in favor of the to~vn as, upon recommendation of tho Town Attorney,
tho Board shall determine to be necessary to ensure that:
[ 1 ] Thc apartment, or any proprietary or other interest therein, will not be sold to thc
tenant or an3' other party, except as part of a sale of the entire building in which the
apartment is located.
[2] Tho apartment is made available for year round rental.
[3] Tho apartment is properly constructed, maintained and used, and unapprovcxt uses
are excluded therefrom.
[4] Any other condition deemed reasonable and necessary to ensure the immediate
and long term success of the apartment in helping to mect identified housing needs in the
community is complied with.
(-5) 3~ Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the
Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(4) ~) Fraternal or social institutional offices or meeting halls.
(-7-) (5) Drinking establishments.
6g) ~ Public garages.
{9-) ~.l Funeral homes.
(I0) 1~ ENFIea markets. [Added 10-17-1995 by L.L. No. 21-1995]
( 11 ) t~1 [Added 5 - 16 - 1994 by L.L. No. 9 - 1994] Takeout and formula food restaurants,
subject to the following requirements:
(a) Adequate parking shall be provided in accordance with that reqtfired by Article
XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located
within reasonable walking distance of the site or three hundred (300) feet, whichever is
less. The improvement or development of municipal parking may be used to satisfy this
requirement. The adequacy of municipal parking shall be determined by the Planning
Board as part of its site plan review procedure by conducting a parking survey of the
capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must
accompany the long environmental assessment form. The appropriate mitigation
measures must be incorporated into the site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through,
drive-up, drive-by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter
and, further, may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structures, including waste disposal
receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment
shall be compatible with and sensitive to the visual and physical characteristics of other
buildings, public spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are
permitted as accessory uses and, except for residential accessory uses and signs, which
are subject to Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural-Conservation District, and subject to the conditions set forth in § 100-33
thereof. EN
(2)
requirements:
i)
ii)
Apartments are permitted within the principal structure subject to the following
iii)
iv)
v)
The Building Department issuing an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred
and fifty (350} square feet.
There shall be no more than three (3) apartments created or maintained in
any single structure.
Each apartment shall have at least one (1) off street parking space.
Construction and/or remodeling of an existing structure to create an
accessory apartment shall not trigger the need for site l~lan approval set
forth specifically in section 100-250 and Article XXV in general unless
such construction or remodeling results in an increase of the square
footage of the structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or
altered in the HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force
and effect as if such regulations were set forth herein in full. EN
§ 100-93. (Reserved)
§ 100-94. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged
by any court of competent jurisdiction to be invalid, the judgment shall not effect the
validity of this law as a whole or any part there of other than the part so decided to be
unconstitutional or invalid.
§ 100-95. Effective Date.
This Local Law shall take effect immediately upon filin~ with the Secretary of State as
provided by law.
Strike-through represents deletion.
Underline represents insertion.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD, JULY 2, 2002
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON AUGUST 1, 2002, 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
Planning Board
Code Committee
Town Attorney
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
duly sworn, says that on the o~6 day of ~ ,2002, she affixed a notice
of which the annexed printed notice is a true ~opy, m 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 TO BE HELD ON:
August 13, 2002, 5:04 pm
"Local Law in relation to ~:al Business District in Chaoter 100 of the Code of
the Town of Southold
"-'""~'-C~Elizabet~ A. Nevill~
Southold Town Clerk
Sworn before me ~is ~
~(t dayof ~h2r ,2002.
Ngtary Public
LYNDA M. BOHN
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTP~R 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
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 470 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 2, 2002:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York on the 2nd day of July 2002 a Local Law entitled" Local Law in relation to
Hamlet Business District in Chaoter 100 of the Code of the Town of Southold, 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
13th day of August 2002 at 5:02 p.m. at which time all interested persons will be given an
opportunity to be heard.
LOCAL LAW NO. 2002
TOWN OF SOUTHOLD
A Local Law in Relation to Zoning, Chapter 100, Article IX, Hamlet Business (HB) District of
the Code of the Town of Southold is hereby amended as follows:
ARTICLE IX, Hamlet Business (HB) District [Added 1 - 10-1989 by L.L. No. 1-1989EN]
§ 100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business development in the
hamlet central business areas, including retail, office and service uses, public and semipublic
uses, as well as hotel and motel and multifamily residential development that will support and
enhance the retail development and provide a focus for the hamlet area.
§ 100-91. Use regulations.
In the HB 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 uses except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by
L.L. No. 3-1995] Permitted uses. The following are permitted uses and, except for those uses
permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the
Planning Board:
(1) Any permitted uso set forth in and regulated by § 100 3lA(l) and (3) of the Agricultural
Conservation District. One-family detached dwelling.
(2) Any permitted uses as set forth in and as regulated by § 100 42A(2) of the Hamlet
Residential District. Two-family dwelling.
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, vark districts and fire districts.
(-3-) (4) Boardinghouses and tourist homes.
(-4-) (5) Business, professional and governmental offices.
(-5-) (6) Banks and financial institutions.
(4-) (7) Retail stores.
(-7-) (8) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by
L.L. No. 9-1994]
(~ (9) Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, including barbershops, beauty parlors, professional
studios and travel agencies.
(I0) (11) Art, antique and auction galleries.
(11) (12) Artists' and craftsmen's workshops.
(12) (13) Auditoriums or meeting halls.
(I 2) (14) Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and
motorcycle shops.
(1 ~1) (15) Custom workshops.
(15) (16) Bus or train stations.
(I g) (17) Theaters or cinemas (other than outdoor).
(17) (18) Libraries or museums.
(18) (19) Laundromats.
(I 9) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site
plan approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (!9)
and (14) of the Agricultural-Conservation District.
(2) Multiple d~vollings and townhouses.
(-3-) (2) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort
Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-
1990 by L.L. No. 16-1990]
(4) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may be permitted over retail
stores and business, professional and governmental offices, subject to the following
requirements:
(a) Tho explicit written approval of tho Town Fire Prevention Inspector shall be obtained for
the design, location, access and other safety related elements of every such apartment. No
apartment shall be permitted over filling stations, stores retailing flammable or fume producing
goods, restaurants or other businesses with kitchens or other facilities producing intense heat or
any other establishment which the Fire Prevention Inspector determines to pose a greater than
average built in fire risk.
(b) The habitable floor area of each apartment shall be at least four hundred fifty (450)
square foot, but in no case moro than ~ven hundred fifty (750) square feet. The apartment shall
not be located on the first floor of the building, and the apartment shall contain all services for
safe and convenient habitation, meeting the New York State Uniform Fire Prevention and
Building Code and the Sanitary Code.
(c) There shall be no more than three (3) apartments created or maintained in any single
(d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have
a separate access to tho outside of the building, which must be distinct from the access to uses on
the first floor.
(e) Each apartmcnt shall have at least one (1) on site off street parking space meeting the
standards of this chapter, conveniently located for access to tho apartment.
(f) Only the owner of the building in ~vhich it is proposed to locate the apartment(s) may
apply for this special permit. The Board of Appeals shall require that such applicant execute such
agreements, contracts, easements, covenants, deed restrictions or other legal instrmnents nmning
in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine
to bo necessary to ensure that:
[ 1] The apartment, or any proprietary or other interest therein, will not bo sold to the tenant
or any other party, except as part of a sale of the entire building in which tho apartment is
locat:d.
[2] The apartment is made available for year round rental.
[3] The apartment is properly constructed, maintained and used, and unapproved uses are
excluded therefrom.
[4] Any other condition deemed reamnable and necessary to ensure the immediate and long
term success of the apartment in helping to moot identified housing needs in the community is
complied with.
¢5-) (3) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort
Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(4) (4) Fraternal or social institutional offices or meeting halls.
(--7-) (5) Drinking establishments.
(4~) (6) Public garages.
(x)) (7) Funeral homes.
(I0) (8) ENFlea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) (9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to
the following requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX,
Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable
walking distance of the site or three hundred (300) feet, whichever is less. The improvement or
development of municipal parking may be used to satisfy this requirement. The adequacy of
municipal parking shall be determined by the Planning Board as part of its site plan review
procedure by conducting a parking survey of the capacity of the existing municipal parking area
to accommodate the projected increase in usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the
long environmental assessment form. The appropriate mitigation measures must be incorporated
into the site plan.
(c) There shall he no counter serving outdoor traffic via a drive-in, drive-through, drive-up,
drive-by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and,
further, may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and
flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are
permitted as accessory uses and, except for residential accessory uses and signs, which are
subject to Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-3 lC(I) through (7) of the
Agricultural-Conservation District, and subject to the conditions set forth in § 100~33 themof. EN
(2) Apartments are permitted within the principal structure subject to the following
requirements:
i)
ii)
iii)
iv)
v)
The Buildine Department issuine an accessory apartment permit.
The habitable floor area of each aDartrnent shall be at least three htmdred and rift,/
(350) square feet.
There shall be no more than three (3) apartments created or maintained in an,/
sinele structure.
Each apartment shall have at least one (1) off street parkine space.
Construction and/or remodeling of an existine structure to create an accessory
apartment shall not tri~er the need for site ~31an approval set forth s~ecificall¥ in
section 100-250 and Article XXV in eeneral unless such construction or
remodeling results in an increase of the sauare footaee of the structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered
in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the same force and effect as if such
regulations were set forth herein in full. EN
§ 100-93. (Reserved)
100-94. Severabilitv.
If any clause, sentence, param-aph, section, or part of this Local Law shall be adjudged by any
court of comvetent jurisdiction to be invalid, the iudmnent shall not effect the validity of this law
as a whole or any Dart there of other than the part so decided to be unconstitutional or invalid.
§ 100-95. Effective Date.
This Local Law shall take effect immediately uoon filin~ with the Secretary of State as provided
by law.
Strike-through represents deletion.
Underline represents insertion.
Elizabeth A. Neville
Southold Town Clerk
V - 470
RESOLUTION
JULY 2, 2002
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York on the 2nd day of July 2002 a Local Law entitled" Local Law
in relation to Hamlet Business District in Chapter 100 of the Code of the Town of
Southold~ now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public heating on
the aforesaid Local law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 13m day of Auaust 2002 at 5:02 p.m. at which time all interested persons
will be given an opportunity to be heard.
(text attached)
ARTiCLIi IX, Hamlet Business (HB) District [Addcd 1-1/~-19~9 by I,.L. No. I 19SOEN]
~ 100-90. Purpose.
The ptul)osc el'the [lamlet Busiuess (IIB) l)istrict is to provide l~r business
dcvclolm~Cnt in the hamlet central business areas, inclodiug retail, o[llcc aud service ttscs,
public m~cl semipublic ases, as welI as hotel and motel and nmltil}tmily residential
development that will suppoil and enhance tho retail development and provide a lbcus ibr
the hamlet area.
~ 100-91. Use regulatious.
N the HB Disthct, no building or premises shall be used and no building or part ora
building shall be erected or altered which is a~anged, intended or desired to be used, in
whole or in pan, for any uses except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-
1995 by L.L. No. 3-1995] Pe~itted uses. The following are permitted uses a~d, except
for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site
plan approval by the Plying Bo~d:
(1) ~y pe~ittcd use set forth in ~d regulated by } 100 3 IA(l) ~d (3) of thc
A~icultural Conse~ation Dis~ct. One-hmilv detached dwelling.
(2) ~M~y permitted uacs as set forth in and as regulated by ~ 100 ~2A(2) of the Hamlet
~Disth~ Two-hmilv dwelling.
Buildings, structures and uses owned or operated by the Town of Southold, school
districts, p~k districts ~d fire disthcts.
(3) Boi~dinghouses and touhst homes.
(4) Business, professional and governmental offices.
(5) Ba~s and financial institutions.
(6) Retail stores.
(7) Restaurants, excluding fo~ula food and take-out restaurants. [Amended 5-16-
1994 by L.L. No. 9-1994]
(8) Bakeshops (for on-premises retail sale).
(9) Personal se~ice stores and shops, including barbershops, beanty parlors,
professional studios and travel agencies.
(10) Mt, antique and auctiou galleries.
(1 I) Artists' and cra~smen's workshops.
(12) Auditoriums or meeting halls.
(13) Repair shops for household, business or personal appliances, including cabinet
shops, caCenter shops, electrical shops, plmnbing shops, furniture repair shops and
bicycle and motorcycle shops.
(14) Custom workshops.
(15) Bus or train stations.
(16) Theaters or cinemas (other than outdoor).
(17) Libraries or museums.
(18) Laundromats.
(19) Bed-,'md-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(20) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The £ollox,,ing uses
are permitted as a special exception by the Board of Appeals as heremal'ter provided,
subject to site plan approval by the ?burning Board:
(l) Any special exception use set forth in and as regulated by § 10/~,-3113(3) to (ri) and
(13) and (14) of the Agricultural-Conservation District.
(2) Multiple dwellings and townhouses.
(3) Motel and hotel uses as set forth in and regulated by ~ 100-6 lb(4) of the P, esort
Residential (RR) District, except that minimmn lot size shall be three (3) acres.
[2Mnended 7-31-1990 by L.L. No. 16-1990]
(4) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may be permitted over
retail stores and business, professional and governmental offices, subject to the following
requirements:
(a) The explicit written approval of the Town Fire Prevention h~specter shal! bc
obtained for thc design, location, access and other safety related elements of every such
apartment. 5Io apartment shall be permitted over filling stations, stores retailing
flanmmble or fume producing goods, restaurants or other businesses with kitchens or
other facilities producing intense heat or any other establishment which the Fire
Prevention Inspector determines to pose a greater than average built in fire risk.
(b) The habitable floor area of each apa'-tment shall be at lea~t four hundred
(450~quare fact, but in no case more than seven huudred rift5' (750) square feet. The
apartment shall not be located on the first floor of the building, and the apartment shat4
contain all services for safe and convenient habitation, meeting the New York State
Uniform Fire Prevention and Building Code and the Sanitary Code.
(c) There shall be no more than tltree (3) apartments create4 or maintained i4qmay
single building.
(d) Each apartment, or common hallway servicing two (2) or three (3) apartments~
shall have a separate access to the outside of the building, which must be distinct from
the access to uses on the first floor.
(e) Each apartment shall have at least one (1) on ~ite off street parking space meeting
',he standards-of this~hapter, couvenientty4oc-ated for access to t-he apartmoak.
(1:)- Only the owner of the building in which it is proposed to locate fim-apam~ent(s)
may apply for this special permit. The Board of Appeals shall require that anch applic4m
exqseute444et~a~eements, contracts, easements-,co,~P, anto,' ' ~, t:!o,~,~ ................ ~';~*; ..... or other4egat
instruments m~ming in favor of thc town as, upon recommendation of the To'am4kttorney;,
the Board shall detcrmiaeqe be necessary to ensure that:
[1] Tile apam~ent, cr any prcphetmwor other-ime~st thet~ein, wil!-aot-b4~so4d-t~be
tenant or any other party, except as part of a sale of the entire building in which tim
apartment is located.
[2] The apartment is made available for year round rental.
[3] The apartment is properly constructed, maintained and used, and unapprovcd uses
are excluded therefrom.
[4 ] Any other condition deemed reasonable and necessary to ensure the immedi,°a¢
and long term succcss of thc apartment in helping to meet identified housing needs in the
community is complied with.
(5) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the
Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(6) Fraternal or social institutional offices or meeting balls.
(7) Dmhking establishments.
(8) Public garages.
(9) Funeral homes.
(10)ENFlea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) [Added 5-16-1994 by L.L. No. 9-1994] Takeout aud t'ormula lood restaurants,
subject to thc following requirements:
(al Adequate parking shall be provided in accordance with that required by Article
XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located
within reasonable walking distance of the site or three hundred (300) feet, whichever is
less. The improvement or development of municipal parking may be used to satisfy this
requirement. The adequacy of municipal parking shall be determined by the Planning
Board as part of its site plan review procedure by conducting a parking survey of the
capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must
accompany the long environmental assessment form. The appropriate mitigation
measures must be incorporated into the site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through,
drive-up, drive-by or xvalkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter
and, further, may not be lit from xvithin.
(el Advertisements, including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structures, including waste disposal
receptacles and flags.
(fl The physical design, including color and use of materials, of the establishment
shall be compatible xvith and sensitive to the visual and physical characteristics of other
buildings, public spaces and uses in the particular location.
C. [A~nended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are
pcrnfitted as accessory uses and, except for residential accessory uses and signs, which
are subject to Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural-Conservation District, aud subject to the conditions set forth in § 100-33
thereof. EN
(2) Apartments are permitted within the principal structure subiect to the tbllowin~
requirements:
i)
ii)
iii)
iv)
v)
The Buildin~ Department issuin~ an accessory apartment pemfit.
The habitable floor area of each apartment shall be at least three handred
and fifty (350~) square feet.
There shall be no more than three (3) apartments created or maintained in
any single structure.
Each apartment shall have at least one (1/off street l~arkin~ svace.
Construction and/or remodelin~ of an existin~ structure to create an
accessory apartment shall not tri~er the need for site plan approval set
forth specifically in section 100-250 and Article XXV in Reneral unless
such const~n_~ction or remodelin.u restilts in an increase ol'lhc square
fi)ota~e of the structure.
¢ 100~92. Bulk, arca and parking regulations.
No building or premises shall be tlscd and no building or part thereof shall be erected
altered in the HB District tmless the same coni~nns to the Bulk Schedule and Parking
and Loading Schedules incolporated into this chapter by rcfkrcnce, with thc same tbrcc
and et'l~ct as if such regulations were set forth hercin in f~II.EN
~ 100-93. (ReseD'ed)