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HomeMy WebLinkAboutHeight Res. Bld Structures 2003 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 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD R~CEIVED July 16, 2003 $~*c*ho!d ~:~v. (}ork PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Heieht of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Rec~eived By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD R£C£1v£D , UG 8 2003 July lb, 200~ $oog, Aro PLEASE TAKE NOTICE tha( the Town Board of thc Town of Southo]d will hold a l~l~ .dl~. 'o~.on the 29£h day of July 2003 at $:00 0.m. on thc proposed Local Law cntitJed, "A Local Law in rclatio~r_/5 the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE Tov~q CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED July 16, 2003 $outhold ?own Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffblk County Department of Planning Long Island State Park Commission Village o f Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS MAIqAGEMENT 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 July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE JUL 1 6 2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE 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 July 16, 2003 PLEASE TAKE NOTICE that the Town Board cf the Town of Scuthold will hold a Public Hearing on the 29th day of July 2003 at 5:00 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed sol f-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Sonthold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department SignaturE"7 Received By/ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE 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 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Heb, ht of Buildings of Residential Structures"", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M.a_NAGEMENT 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 July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Hei~,ht of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments Elizabeth A. Neville T~fivn Clerk Date: cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Islm~d Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Receive y DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M~a--NAGEMENT 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 July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received B~, DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: RECEIVED %nthold Town Clef[ 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 Talephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By (J ' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: JUl 21 2003 Town Cferl~ 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Hei,,ht of Buildings of Residential Structures", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A, Neville Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village o f Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NE'~flLLE TOWN CLERK REGISTIkkR 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 July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:00 I~.m. on the proposed Local Law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures'"', Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville 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 Plarming Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Buildiilg Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: SOUTHOLD TOWN BOARD PUBLIC HEAR1NG July 29, 2003 5:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO THE HEIGHT OF BUILDINGS OF RESIDENTIAL STRUCTURES." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Councilman William D. Moore COUNCILMAN WICKHAM: Before I begin, I would like to enlist the Board's support in outlining a little bit of these four proposals that will be brought to public hearing today. We will read them and they will be discussed and you all that have come will have an opportunity to make your comments known in a regular heating format. These four proposals have come out of a series of meetings of the Town's Planning and Zoning Committee. Bill Moore and I sit on that Committee, we have been ably assisted by out Chief Building Inspector and by the Chair of our Zoning Board, who helped substantially in drafting some of these proposals. Our Assistant Town Attorney actually put it mostly into legal writing for us. So it is an effort that supports the purpose of the Planning and Zoning Committee which is essentially to get the various departments and boards of To~vn government all working on the same page and in as efficient manner as possible and to serve the public as efficiently as possible. The purposes of these proposals are more or less as follows as we discussed them in our Committee meetings. First, there seems to be the appearance of overcrowding of homes and houses, particularly new houses that are being built on relatively small lot and that was one of the concerns that the Committee attempted to address in this legislation. Secondly, there appears to be loopholes in the Town Code that we felt needed to be closed in particular regarding the height of tall buildings and box shaped buildings with flat roofs. Thirdly, we have recounted a number of complaints from neighbors about the quality of their neighborhood about setbacks and how close new homes are being built to the property lines, particularly on small parcels. Finally, them is a concern that is being expressed and some of us have heard it about the belief that increasingly Southold Town's accessory buildings are being used for people to live in. They aren't designed for that and they don't have proper CO's but increasingly, there is a belief and we are getting calls and comments that more and more accessory buildings are actually being used for habitation. And we felt that we needed to address that, at least in some way. And finally, there are quite a few applications that have come to the building department Southold Town Board-Public hearing July 29, 2003 2 and the building department doesn't have the authority to rule on them and they get sent over to the Zoning Board for action. Many of these are discretionary things, which if they were spelled out effectively in the Town Code could be decided administratively by the Building Department, could be handled very quickly, efficiently, the public would be better served, there would be less fees and charges and delays and waits, many of these suggestions would help to streamline the application process in that regard. So those are the, that is the background for these four heatings that are before us right now. I would like to read the first one. NOTICE IS HEREBY GIVEN that them has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Height of Buildinl~s of Residential Structures", and NOTICE IS HEREBY 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 29th day of July 2003 at 5:00 I~.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Height of Buildinl~s of Residential Structures" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures". BE 1T ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the maximum building height of residential structures to further preserve the character of single-family neighborhoods. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. B. FLAT AND LOW-PITCHED ROOF- Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs, to the lowest point of the eaves for flat and low-pitched roofs, and to the highest point of the ridge for other type roofs. The Bulk Schedule for Residential Districts is amended as attached. III. 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 thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN ROMANELLI: It was 35 feet. COUNCILMAN WICKHAM: It was 35 feet, it would now be 35 feet to the midpoint. It would now be.. SUPERVISOR HORTON: It was 35 feet, I believe that you are proposing to amend it to 28 feet. Southold Town Board-Public heating 3 July 29, 2003 COUNCILMAN WICK/dAM: To 28 feet. That is right. And that is essentially what this first law calls for. We have some, first of all, it has appeared in the local newspaper as a listed law, it has appeared on the Town Clerk's bulletin board out there as a proposed, for this public hearing, we have a response from various people, including Tom Isles of the Suffolk County Planning Commission, who basically said that this is a matter of local determination as there is no apparent significant county wide impact. We have a communication from the Planning Board, who responded yesterday or today. "The amended definition of height of building calls for vertical distances to be measured from the average elevation of the natural grade, before any alteration or fill. In order to determine rives natural grade, we should require the submission of a survey stamped by a licensed engineer showing two foot elevations within the property boundaries and within 50 to 100 feet. We should require the review of this survey in the field by the engineering inspector to insure accuracy. #2, since the terms vertical distance and natural grade are not defined, there is some question as to whether the average elevation of the existing natural grade adjacent to the building is the average of the actual grade of the land at the precise location of the foundation, footings, prior to the laying of the foundations or the average elevation of the entire site prior to preliminary cleating and regrading. Is the natural grade computed differently on a half acre lot from that on a two acre lot? If the proposed structure has below ground level garage and basement, how is the average grade to be computed? If a site is regraded during preliminary land clearing, how will the average elevation be computed?" The Planning Board also recommends deleting the wording, 'the bulk schedule for residential districts is amended as attached.' And finally, the amended bulk schedule should distinguish between principal and accessory structures. And that is what they have to say on this particular hearing. We have a communication from the North Fork Environmental Council and I will read this as follows: This is from Gwynn Schroeder, Southold Coordinator. "I submit the following and ask that my comments be entered as part of the record for hearings on the following proposed local laws: "A Local Law in relation to Height of Buildings of Residential Structures"; "A Local Law in relation to the Setbacks of Residential Principle Builfflngs on Nonconforming Lots" and A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings". The Town of Southold has been struggling with how to maintain our rural identity and protect our environment for many years. There has been much public debate about the proliferation of oversized houses on small lots and mansion-like structures and how this is changing the face of Southold. As our Town grows, the pressure to develop non-conforming lots increases. The small cottages and bungalows that once adorned our community are disappearing being replaced by large residences that overshadow neighboring homes. As an environmentalist, I have come to accept that most of the undersized, nonconforming lots eventually will be developed, but the impact of this development can be lessened. These local laws, if adopted, will lessen the impact of new development. On behalf of NFEC, I encourage the Southold Town Board to adopt these local laws. Thank you for your consideration." And this letter will also apply to the subsequent heatings, the other three hearings that we will be conducting this evening. I have something from Penny Lumber here, signed by James H. Rich IH. "Dear Sir, Please allow me to make the following comments on four proposed changes to town zoning laws. The proposed change would have an extremely negative effect on building design in Southold Town. A loophole is open to low pitch roofs, while colonial steep- pitch type roofs become more aggressively regulated. Most people in a community with Southold Town's architectural heritage will find greater pitched roofs more in keeping with their taste. When this new definition of heights becomes applied to garages, the potential for unintended results becomes greater." The other comments apply to hearings that we will be conducting later. And what else do we have? That seems to be all the written commtmications that we have on this particular heating. Southold Town Board-Public hearing 4 July 29, 2003 SUPERVISOR HORTON: Thank you. I will open the floor to the public who would like to address the Board on this specific public hearing. ROBERT BROWN, ARCHITECTURAL REVIEW COMMITTEE REPRESENTATiVE: Good afternoon, my name is Robert Brown. I am here as a representative of the Architectural Review Committee of Southold Town. We applaud the effort and the intentions of those who participated in creating these new proposed laws. We do have a few questions and comments for your consideration. One question that arose in our conversation is: New York State Building Code, the residential code of New York State recently adopted defines the height of a building as the midpoint between the ridge and the eave for a sloped roof. We are just curious as to why the Committee chose to change the definition, which could be potentially confusing, rather than just lowering the acceptable height to that defined point? COUNCILMAN WICKHAM: IfI may address that, I think that I can speak for the Committee. It has to do with the fact that an average between the top and the bottom, which makes sense for a pitched roof, tends to produce a much taller, blockier building for a flat roof building. And what we have seen is a greater reliance, architecturally on these tall-box like, almost fiat roof buildings. Which, it gets to the point that James Rich made a few minutes ago, that we need to somehow protect the architectural style of the pitched roof. MR. BROWN: I agree withthat but I guess our question is, why couldn't you just establish adifferent height, a lower height for flat roofs and a different height for the mean-point of a sloped roof in order to keep the definition consistent with the State, that was our question for your consideration. Another question that came up in our discussion, how are dormers to be considered in the calculation? Are they to be considered at all in determining the roof height? COUNCILMAN WICKHAM: I don't know .... MR. BROWN: It is a matter that it wasn't clear in the code and we were hoping to see some clarification of that. Another question that came up, an issue that came up, low pitched roofs defined as a 4:12 or less from my own personal experiences as an architect, generally speaking, we have always considered 2:12 or less to be a flat or low pitched roof. We are wondering how you determined 4:12 to be that? As a matter of visually, a 4:12 is, visually can be a substantial pitch. Another question that came up is, there doesn't seem to be any reference to hamlet density residential construction. Is that going to be treated in any different way? The reason we suggest this is: most codes that are based on the model that Southold Town uses are generally considered to be the blueprint for suburban development. And the idea of setbacks, of substantial setbacks on average size lots is what in effect creates suburban development. And we are wondering if this applies to all of the hearings here. If there is any consideration for a different look at hamlet density, to create more of a hamlet visual appeal? Another question that we had is: just for clarification why the low point of the flat pitched roof was considered the measuring point and not the high point? COUNCILMAN WICKHAM: I don't know. MR. BROWN: These are just for your consideration. Southold Town Board-Public hearing 5 July 29, 2003 SUPERVISOR HORTON: They are good points. Thank you, Mr. Brown. Would anyone else care to address the Town Board? Yes, sir? FRANK WILLS: Good afternoon, my name is Frank Wills, I live in Mattituck. Again, these are suggestions for review and considerations. The height of the building effects us as we live near it or as we drive by it and therefore my thought would be to use the highest point of the building, the top of the pitched roof or the highest point of the flat roof as a consideration for the height of a building. And another place where building construction has been zooming and concerns are strong is in Martha's Vineyards. The Chilmarth Township has established, or incidentally, the mean value of a house is $1,000,000., so it is not, they can build big ones. Inland, the height of a building, the top of the roof can be 24 feet. As you approach the shoreline, and obviously being Martha's Vineyard they have a lot of shore, the height goes down to 18 feet. So, in effect, the buildings as they approach the shore do not spoil or become obtrusive to the people who live on the shore or who use the shore. Similarly to us, the McMansions that are going up, if they were limited in height near a road to similar concerns, would make the place where we all live in much more attractive. Those are the thoughts. SUPERVISOR HORTON: Thank you, sir. Are there other comments on this public heating? Yes, sir? GEORGE PENNY: George Penny, Southold. I would like to start with a question ifI may. What was the environmental impact finding on this? SUPERVISOR HORTON: I believe it was negative declaration. MR. PENNY: Negative declaration? Short form and all that stuff?. SUPERVISOR HORTON: That is correct. MR. PENNY: On a proposal that is going to render probably 90% of the houses in Southold Town nonconforming for the future? I don't think that that was a proper determination by the Board. I see no reason to make changes at this time. The reason being that we have dealt with a code of this fashion for as long as I have been around and to change it, you are going to put everybody in, if you go into the nonconforming section of your code book, they have a thing called nonconforming buildings. Well, every building that meets the old standards under this law will now be nonconforming and will be limited even more. Now, I can bring out my map again and show you what nonconformity is; in the whole Town of Southold and I probably will for one of the further heatings that is coming up. However, I don't think that it is necessary for the Town to do any of this. It is another layer of nonconformity that we don't need. One of the things that it does do is it makes a 30 foot house with a flat roof can have, can go 7 ½ feet above the 28 foot mark but a house with a pitched roof can't go above, if it is on a big lot-can't go over 35 and on a small lot over 28. So you can see that you are liable to create some monstrosities here. That means they can go to absolutely flat, too and the houses are just going to get taller and you are going to lose the effect that you were trying to gain. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor on this public hearing? Yes, sir. Southold Town Board-Public heating 6 July 29, 2003 STEVE HUSAK: Steve Husak from Mattituck. I think that this whole resolution, if you take a look at the house that was built by the Horton's Point Lighthouse, is a classic example of why we have to limit height. That house is a monstrosity. It should never have been built there but I go back to Mr. Penny, what do we do to keep everybody from going nonconformist? If we limit this, what do we do to prevent this? How do we prevent people from building on, how do we prevent people from getting insurance on nonconforming houses? But how do we prevent McMansions from being built? We do a lot of work on the South Fork and what we see coming back into style over there is what I would call the Miami Vice house. Anybody that grew up in the 80's watching that TV show, it is the flat roof, 90 degree angle houses and they are coming back in style over there left and right. And the North Fork mimics what the South Fork does by about two years length behind, so these houses with the flat roof's are going to be back here. How do we prevent them and how do we protect the people who have been here for a long time? That is my question. SUPERVISOR HORTON: Thank you, sir. Yes, ma'am, in the back. LAURA KLEIN: Good afternoon, my name is Laura Klein and I am a Southold property owner. I am concerned about two things that I have heard in this heating. One is the negative comments about flat roofed houses. I think that there are many flat roofed houses that are architecturally quite beautiful. And I think that a number of the speakers has suggested that the regulations that you are proposing become even more strict on flat roofed houses and I think that that would be a big mistake. Most of the McMansions that I see around me are attempts to mimic colonial style, post-modem styles and I think that those are far more disastrous for the character of our neighborhood than some of the beautiful flat roofed houses that have been built recently that are architect built houses and that fit very nicely in their neighborhoods. The other concern that I have is that the regulations as proposed; as blanket regulations for the entire Town of Southold do not serve the purpose that you intend. As I heard described earlier, one of the major purposes is to try to prevent the feeling of over-crowdedness, the feeling of closeness between houses, of being overwhelmed by houses but there are many neighborhoods where there are large lots where there is space between the lots where a larger house is fitting and where in fact there are many larger houses. Now, in those neighborhoods, there are also the smaller houses interspersed and those are the houses that now seem out of place. And while I wouldn't want to suggest running people out of town who choose to continue to live in smaller houses in those neighborhoods, I think those people are going to be put at a disadvantage by these regulations. If they want to expand their homes, they are going to have trouble doing so and that is a needless waste of tax revenue on Southold's part, in my opinion. Because in neighborhoods which already have this character, already characterized by larger homes, it seems that people should be able to make expansions so that their houses will feel contextual and not out of place. So, I guess really this leads to a question which is, I was wondering if the Planning Board and Buildings Department looked at different regulations for different neighborhoods when considering this law? COUNCILMAN WICKHAM: I don't think that we have yet but there is no reason that we can't. MS. KLEIN: Thank you. SUPERVISOR HORTON: Thank you, Mrs. Klein. Yes, Mr. McGreevy. Southold Town Board-Public heating 7 July 29, 2003 JOHN MCGREEVY: John McGreevy, Mattituck. I commend you on what you are trying to do to limit these big homes, I especially commend you on having surveys done of the average grade. I have seen more homes in my neighborhood built and a virtual train of dirt trucks come in, days on end, dumping more and more dirt. One particular house that I happened to measure myself, and it is really not a McMansion, when they finished building the house, the footprint where it hit the grade was 8 foot above what it originally was. That has to be stopped. There is too many people buying the views and trucking the dirt in later. Thank you. SUPERVISOR HORTON: Thank you, Mr. McGreevy. Are there other comments on this public heating? Ms. Toll. KATHY TOLL: Kathy Toll, Greenport. Again, the Committee and the Board, I am thrilled that you are proceeding forward, looking at this and trying to limit and listening to what everybody has been saying, complaining about. Once suggestion that was made, I would like, it was just so appealing and that is the idea of setting different heights for different structures based on roof structure, and also based on their proximity to the waterfront. Talking about keeping character. As far as the nonconforming, I agree, it is problematic if you throw a large amount of property into a nonconforming status, so I would ask that the Town consider simply grandfathering for the purpose of future re-building after catastrophe's or so forth any nonconforming prior to this, that existed prior to this legislation or any future legislation of this type. I don't know if this is the right, wrong, size, shape and all of that, I have to defer to the people who have dealt with this a great deal as far as architectural committees and things like that, Rob Brown, people like that. But whether or not this is exactly the right one, if it is not, please continue to develop it where it is the right one, so that we can maintain the character. I think of our Fork, almost in the same way as people, I think view Cape Cod and I would like to see that continue and that has to kind of be worked into the scheme of the legislation that you consider. That's it. Thank you. SUPERVISOR HORTON: Thank you, Ms. Toll. Mrs. Egan. JOAN EGAN: Joan Egan. I will be brief on this one. Thank god, right Josh? Mr. Wickham, you mentioned about people living in little places, next to little places. I have also observed people living in cars. Now, perhaps, Mr. Richter, maybe he could alert the Police Department. I am not sure, Mr. Horton, and maybe you can address the answer to this question. Are people allowed to pitch tents? I don't mean kids, Boy Scout, Girl Scout... are people allowed...in my community you are not allowed to live in tents. You are not allowed to even sleep overnight in a car. That is in my by-laws and deed. Is there a overall rule here in the Town of Southold about living in tents? SUPERVISOR HORTON: I would have to look at the code to give a specific and accurate answer because I am sure that there are different answers that could be given on that. MS. EGAN: I know, in the hot weather with the mosquito nets and all .... SUPERVERVISOR HORTON: But Mrs. Egan, this is a public hearing on a piece of legislation that is being proposed. Southold Town Board-Public hearing 8 July 29, 2003 MS. EGAN: Yes, well, I think that it is important that you know that people live in cars and in tents. And if it is illegal, perhaps even Mr. Richter or Mr. Yakaboski could do that for you. Keep them busy, that is what they get paid for. Thank you. SUPERVISOR HORTON: Are there other comments on this public hearing? (No response) Board members? (No response) We will close this hearing. Elizabeth A. Nevillet Southold Town Clerk DEPA~ENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUN~ EXECLmVE July 21,2003 RECEIVED JUL 2 8 2003 O S ISLES, AICP $outhold Town a~l~OR OF PLANNING Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Amendment to Section 100-13 and bulk schedule for residential districts of the Town Zoning Code. Public Hearing Date: 7/29/03 S.C.P.D. File No.: SD-03-8 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-xvide 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 S/s Gerald G. Newman Chief Planner GGN:cc G ICC H ORNY~ZONING~ZONING\WORKING\LD20031JUL\SD03 8JUL PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS tCENNETI-I L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOA_RD OFFICE TOWN OF SOUTHOLD Date: July 29, 2003 To: Elizabeth Neville, Town Clerk From: Re: Southold Town Planning Board Proposed Local Laws This memorandum is in response to your referral of July 18 requesting the Planning Board's recommendations on the following proposed local laws: A Proposed Local Law in Relation to the Height of Buildings of Residential Structures #1. The amended definition for Height of Building calls for the vertical distance to be measured from "the average elevation of the natural grade adjacent to the building, before any alteration or fill". In order to determine the natural grade, require the submission of a survey stamped by a licensed engineer in the State of New York and showing two-foot elevations within the property boundaries and within 50 to 100 feet of the boundaries. Require the review of this survey in the field by the Engineering Inspector to ensure accuracy. #2. Since the terms "vertical distance" and "natural grade" are not defined, there is some question as to whether the average elevation of the existing natural grade adjacent to the building is the average of the actual grade of the land at the precise location of the foundation footings prior to the laying of the foundation, or the average elevation of the entire site prior to preliminary clearing and regrading. Is the natural grade computed differently on a half acre lot than on a two acre lot? If the proposed structure has a below ground-level garage and basement how is the average grade computed? if a site is re-graded during preliminary land clearing prior to the issuance of a building permit, how will the average elevation be computed? Delete the wording "The Bulk Schedule for Residential Districts is amended as attached." The amended Bulk Schedule should distinguish between principal and accessory structures. A Proposed Local Law in relation to the Building Height Envelope in Residential Districts #1 The measurement points and the ratio itself should be defined or explained. For instance, the highest point of the principal structure may not be greater than the distance between the principal structure and the nearest property line. On lots seventy feet or less in width, the highest point of the principal structure may not be greater than one and a half times the distance between the principal structure and the nearest property line. #2 The amended law should explain how building height will be determined on corner lots. #3 A diagram should be provided in the text. The inclusion of diagrams into the zoning code to explain vertical clearance and ratios would be extremely helpful and eliminate confusion. A Proposed local law in relation to the setbacks of residential principal buildings on non-conforming lots. #1 The Planning Board supports the proposed amendments as it will result in the construction of more appropriately-sized residential structures on small lots. #2. The proposed amendments to the yard setbacks on non-conforming lots is intended to prevent the construction of over-sized dwellings on those lots. While the proposed increases in required setbacks are very minor - a matter of two to five feet for accessory buildings, they will help maintain the character of these neighborhoods. #3 As lot size increases, it may be necessary to reduce the maximum percent of lot coverage in order to prevent the construction of very large houses on large lots, e.g. farm parcels. (For example: Twenty percent lot coverage of a two acre lot permits sixteen thousand square feet of structure. A two hundred thousand square foot parcel (approximately five acres) could be covered by 40,000 square feet of structure.) A Proposed local law in relation to the size, height and setbacks for accessory buildings. #1. The proposed size limit on accessory structures of 660 square feet and 750 square feet is intended to discourage conversions of accessory structures such as garages to dwelling use. The proposed raising of the height from 18 to 22 feet seems to work against the intent of the amendment. Make all accessory buildings one story in height maximum. #2. The Building height Envelope law is designed to prevent overcrowding, loss of open space, separation and privacy between residences and overbuilding. Other issues that should be of vital concern to the Town are the assurance of fire safety and access to structures by fire-fighting equipment. Unless the property owners are required to keep minimum required side yards clear of all fences without gates and trees, it may be difficult for fire fighters to adequately fight a fire on a large structure with these minimal side yards. # 3. Also, this Town has not addressed the issue of encouraging more efficient use of energy through use of wind and solar power. The proposed setbacks should be reviewed to determine whether they will help or hinder the use of solar energy devices by property owners. Finally, while it is not clear if the proposed wording of this legislation goes far enough towards accomplishing the intent of protecting the character of existing neighborhoods, the Planning Board strongly supports the adoption of the proposed amendments as a first step. Stronger provisions can be enacted at a future date if the proposed amendments proved insufficient. Martin Sidor abstained from the issuance of these recommendations. July 29, 2003 Members of the Southold Town Board Southold Town Hall P.O. Box 1179 Southold, Ne~v York 11971 RECEIVED So~thold Town Clerk Dear Members of the Board: I submit the following and ask that my comments be entered as part of the record for hearings on the following proposed local laws: "A Local Law in relation to Height of Buildings of Residential Structures", "A Local Law in relation to the Setbacks of Residential Principle Buildings on Nonconforming Lots" and "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings". The Town of Southold has been struggling with how to maintain our rural identity and protect our environment for many years. There has been much public debate about the proliferation of oversized housed on small lots and mansion-like structures and how this is changing the face of Southold. As our Town grows, the pressure to develop non-conforming lots increases. The small cottages and bungalows that once adorned our community are disappearing being replaced by large residences that overshadow neighboring homes. As an environmentalist, I have come to accept that most of the undersized, nonconforming lots eventually will be developed, but the impact of this development can be lessened. These local laws, if adopted, will lessen the impact of new development. On behalf ofNFEC, I encourage the Southold Town Board to adopt these local laws. Thank you for your consideration. Gwynn Schroeder NFEC Southold Coordinator RE: PUBLIC h,.:ARING~ON 7~29~03 5:00PM; 5: ~M; 5:10PM; g 5:15PM Penny Lumber HOME & FLOORING CENTERS RECEIVED JUL 2 8 2003 GREENPORT LOCATION and MAIN BUSINESS OFFICE Box 2067 Main Road Greenpod, NY 11944 (63I) 477-0400 MATTITUCK LOCATION Box 1440 Sound Avenue Mattituck, NY 11952 (631) 298-8559 FLOORING CENTER (631) 298-4506 %uthold Towo ClerJ Southold Town Board Southold Town Hall Main Road SouthoM, NY 11971 July 22, 2003 Dear Sir, Please allow me to make the following comments on four proposed changes to town zoning laws. The resolutions in question are numbers 420, 421,422, and 423. Resolution 420 seems to change the definition of roof heights. This proposed change would have an extremely negative effect on building design in Southold Town. A "loop hole" is opened to low pitch roofs while; colonial-steeper pitched roofs become more aggressively regulated. Most people in a community with Southold Town's architectural heritage will find greater pitched roofs more in keeping with their taste. When this new definition of heights becomes applied to garages the potential for unintended restflts becomes greater. Local law number 421 continues the trend of making more lots nonconforming and sending more homeowners to the ZBA for their projects. Proposed local law resolution 422 is the proposal I find most objectionable of these four resolutions. Garage height limits should be raised, and twenty-two feet in R-40 or larger lots would make sense. The square footage sizes are too limited in part "B" (660/750). The size limitation proposed would result in a proliferation of small sheds and more cars, trucks, and junk stored outside in view of the neighbors and the neighborhood. If resolution 422 is coupled with the definition of roof heights in resolution 420 the results will be very different than what is hoped for. The final proposal is well intended but represents a major change in zoning policy. This is essentially a "pyramid" law and will have dramatic effect on how many lots can be built upon. Would this also apply to unattached buildings and garages? All four of these proposed law changes seem unnecessary and will create even more work for the ZBA. Over the past several years I've been involved in the design and construction of many garages. Almost all of these garages have been for local working people. The thought that many of these larger garages are intended as illegal secondary apartments has not been my experience at all. Some may have secondary intended use as office space for contractors or as play rooms for children, but I can only think of two that might be intended for abuse of the current laws. Of these, one may be intended as a temporary solution to accommodate a family during a major renovation project. It seems extremely heavy handed to penalize many people because a very few may abuse a situation. If in fact there is a problem with people creating illegal apartments or multiple family houses this should be dealt with by code enforcement not blanket legislation. Sincerely, James H. Rich III ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOR2J_ATION 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 July 18, 2003 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans containing Dwelling Uait(s) in the Town of Southold. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed amendments and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Sonthold Town Planning Board for their review. The date of the public hear/ngs is July 29, 2003. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Orlowski: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans containing Dwelling Unit(s) in the Town of Southold. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed amendments and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board for their review. The date of the public hearings is July 29, 2003. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure LEGAl, NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has beenpre- sented to the Town Board of the Town of Southuld, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in rela- tion' to Height of Building. of Residential Structures . and NOTICE IS HEREBY FUR- THER 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 29th day of Julv 2003 at $:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law enti- tled "A Lo-al Law in relatiol~ to the Hei~.Jlt of Buildin~ of See Legals next pagel, I, Legals from preceding page [Residential Structures" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures" BE IT ENACTED by the Town Board of the Town of COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suftblk County; and that the notice of which the annexed is a printed copy, has Southold, as follows: been published in said D'aveler I, Purpose- To clarify and Watchman once each week establish clear standards gev- ~ ., . eming the maximum building or ...../ .....v~eek(~ 3uccesslvel3, height of residential structures commenqing 9n the ...... /7!/ ........ da)' of to furtherpreserve the character ~ ,, of single-family neighborhoods ..... )-,z~-~ ~c./.x..,[ ............ 200.~. Code oftbe Town of Southold is - -~ / · , hereby amended as l~ollows: .... ' 'L ~ "CAr( ( ~7 § 100-13. Definitions. FLAT AND LOW-PITCHED ROOF- Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING - The vertical distance measured from the average elevation of the existing natural grade adja- cent to the building, before any alteration or fill, to tho highest point of the roof for flat and mansard roofs and to tho moan h~ight b~,,vecn envcs and ridge for other typo roofs. To the low- est point of the eaves for flat end low-pitched roofs, and to the highest point of the ridge for other type roofs. The Bulk Schedule for Residential Districts is amended as attached. Ill, Severability. If any clause, sentence, para- graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdic- tion to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local law shall take effect immediately upon filing with the Secretary of State as provid- ed by law. · Strike-through represents deletion. Underline represents inser- tion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY g, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK IX 7/17/03 (824) * See Corresponding chart Sworn tp b~f'ore me this../.,.~...dav of .... · >~-~..cL.. Lt....., 2003. " ~- Notary Public Emily Hamilt NOFAR~, PI!BLIC, StaIe of New ~ork No. 01HA5059984 Qualified itt Suffolk (ounty Commission expires May 06. 2006 Thursday, July 17, 2003 ~ Traveler Watchman ~ 2 lA NOTES: *IX 7/17/03 (824) 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 southoldtown.northfork.net. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 2003 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hauppange, New York 11788-0099 Dear Mr. Isles: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans containing Dwelling Unit(s) in the Town of Southold. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed amendments and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board for their review. The date of the public hearings is July 29, 2003, Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk 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 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Orlowski: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans containing Dwelling Unit(s) in the Town of Southold. Please prepare official repotts defining the Planning Board's recommendations with regard to these proposed amendments and forward same to me at your earliest convenience, These proposed local laws have also been sent to the Southold Town Planning Board/'or their review. The date of the public hearings is July 29, 2003. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure 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 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Height of Buildinl~s of Residential Structures", and NOTICE IS HEREBY 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 29th day of July 2003 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Heil!ht of Buildings of Residential Structures" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the maximum building height of residential structures to further preserve the character of single-family neighborhoods. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. B. FLAT AND LOW-PITCHED ROOF- Any roof that has a l~itch of less than 4:12. HEIGHT OF BUILDING -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs, to the lowest l~oint of the eaves for flat and low-pitched roofs, and to the hiahest point of the ridae for other type roofs. The Bulk Schedule for Residential Districts is amended as attached. i11. 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 thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 8, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 17, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Attorney Planning Board John Cushman Town Board Members Building Department Zoning Board of Appeals Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk oft~he T. own of Southold, New York being duly sworn, says that on the 1.~ day of ~.~-&)( ,2003, she affixed a notice of~vhich the annexed printed notice is a~true c~py, 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. Public Hearing: Structures A Local Law in relation to the Height of Buildings of Residential Southold Town Clerk Swp.__m before me ins iS day of [ ~ ,2003. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, 20 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 420 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 8, 2003: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled A Local Law in relation to the Height of Buildings of Residential Structures" 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 29th day of July 2003 at 5:00 o.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Height of Buildings of Residential Structures" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the maximum building height of residential structures to further preserve the character of single-family neighborhoods. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. B. FLAT AND LOW-PITCHED ROOF- Any roof that has a Ditch of less than 4:12. HEIGHT OF BUILDING -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of thc roof for flat and mansard roofs and to the mean height between caves and ridge for other type r~,efg, to the lowest point of the eaves for fiat and low-pitched roofs, and to the highest point of the ridge for other t'cpe roofs. The Bulk Schedule for Residential Districts is amended as attached. III. 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 thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk