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HomeMy WebLinkAboutSetbacks Resid. Bldgs N/C 2003 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 P'EC~?IV£D July 16, 2003 ~:*, ,, f.; 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 5:05 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildings on Non-Conformine Lots", 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 Plarming 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 / r 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 FREEDONi 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 RECEIVED July 16, 2003 $ou:fl~,L~ Clerk PLEASE TAKE NOTICE thst the Town Board of the To~n o~ Sou~hold will hold 8 Publio Hesrin~ on 29~h d~y of~ul~ 2tiff3 ~t 5:05 ~.m. on the proposed Lots] Ls~ entitled, "A ~oe~l ~ in relation to the Setbacks of Residential Principal BuildlnEs on ~on-~onforminff ~ots', Ce~ifi~d oopies of resolution ~nclosed. 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 $outhold 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 Jul',, 2003 at 5:05 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildings on Non-Conforming Lots", 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, Recei~B~v~ 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 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 5:05 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildings on Non-Conformin~ Lots", 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 / Z igfia'ture, Recei/v~d 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 tNFOI~IATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor~hfork.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 5:05 v.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princival Buildings on Non-Conformin~ Lots", 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 Grecnport 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: JUL I 6 2oo3 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 sout holdtown.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 5:05 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conformin~ Lots", 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 Planp/lng 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 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 5:05 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildings on Non-Conforming Lots", 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 Si 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 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 !hat the Town Board of the Town of Southold will hold a Public Hearing or: the 29th day of July 2003 at 5:05 0.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildinps on Non-Conformin~ Lots", 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 CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Towu 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 Elizabeth A. Neville Town Clerk SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: TO 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 5:05 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildin~,s on Non-Conformin~ Lots", 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: '~1! '- 2003 %u~hold Town Cler[ 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.nort hfork.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 5:05 D.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conforming Lots", 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 ~y PJ~ Date: ~ !~i Signat i ~ ' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE RECEIVED JUL 2 1 2003 %uthold Town Clert ELIZABETH A. NEVILLE TOWN CLEI~K 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 5:05 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conforming Lots", 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.' I(,. ELIZABETH A. NEVILLE TOWN CLERK REGISTI~A~ OF VITAL STATISTICS 1V~.RRIAGE OFFICER RECORDS 1V~X-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.nort hfork.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 5:05 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Setbacks of Residential Princioal Buildings on Non-Conformin~ Lots", 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~ Suffblk 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, ~ ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: SOUTHOLD TOWN BOARD PUBLIC HEARING July 29, 2003 5:05 P.M. HEARING ON "A LOCAL LAW IN RELATION TO THE SETBACKS OF RESIDENTIAL PRINCIPAL BUILDINGS ON NON-CONFORMING LOTS." 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: NOTICE IS HEREBY GIVEN 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 Setbacks of Residential Princil~al Buildings on Non- Conformin~ Lots" 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 5:05 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 Setbacks of Residential Principal Buildines on Non-Conformin~ Lots" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conforming Lots" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the building setbacks to further preserve the quality and character of single-family neighborhoods. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-244. Nonconfornfing lots. [Amended 11-28-1995 by L.L. No. 23-1995] A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. Southold Town Board-Public Hearing 2 July 29, 2003 B. [Amended 3-4-1997 by L.L. No. 5-1997] Such lot shall be required to meet the following: Area Yard (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 10,000 to 20% 35 1~5 3_9_0 4_Q0 19,999 Less than 20% 35 10 25 35 10,000 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. And that is outlined in the heating notice that has gone to the newspaper and it has been published out there and that many of you have read. What notices do we have? What communication do we have on this particular local law, I turn to what the Planning Board has written us. This is the proposed local law in relation to setbacks. "The Planning Board supports the proposed amendments as it will result in the construction of more appropriately sized residential structures on small lots. Proposed amendments to the yard setbacks in 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, the matter of two to five feet for accessory buildings, they will help maintain the character of these neighborhoods. 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. That is on farm parcels." And it goes on to give an example how a very large lot could be covered by a very large house. And those are the only comments from the Planning Board. I have read already the comments of the North Fork Environmental Council and the comments of Penny Lumber, which may include this particular one. And the comment from Penny Lumber is that this particular will continue the trend of making more lots non-conforming and sending more home-owners to the Zoning Board for their projects. I think that those are the only comments that I have. We have notices that it has been published in the newspaper, it has been posted out there on the Town Clerk's bulletin board and the rest of it is ready for the comment from the public here. SUPERVISOR HORTON: Thank you, again, Councilman Wickham. Yes, sir, Mr. Strang. GARRETT STRANG, ARCHITECTURAL REVIEW COMMITTEE: Good evening, I am here this evening also on behalf of the Architectural Review Committee. Garrett Strang. Rob and I are sharing the responsibility, if you will, of making the presentation here before the Board on behalf of the Committee. Our review of this particular aspect of the code change led to some discussion and our concerns were sort of primarily geared toward the fact that lots are not only designated by their square footage hut more importantly, their dimensions. So, our feeling is, that a lot that is 10,000 square feet for example, could be narrow and deep or could be wide and shallow. So, that being said, we simply propose that our concern here is that issue and that the Committee may prefer to give some consideration to, at least we would like it given some consideration, that the non-conforming lot Southold Town Board-Public Hearing 3 July 29, 2003 setbacks be either proportionate or percentage of the dimension of the lot, i.e. width or depth, as opposed to these cut-off points at various lot area sizes. I am not sure if there had been any discussion on this at the Committee level but we think it certainly merits some further discussion in that area. That is all that we really had to say on this particular aspect of the code change. Thank you for your attention. SUPERVISOR HORTON: Thank you, Mr. Strang. Are there other comments on this public heating? STEVE HUSAK: Steve Husak, Mattituck. I think that when the Town discusses setbacks and acreage sizes that we shouldn't talk in square footage. The average person doesn't have the time to sit down and figure out what the square footage of the lot is. Keep it in acres, a half acre, acre, two acres. It is too confusing to the average person to sit there and figure out what 10,000 square feet is in the size of an acre. People relate to acreage size, not square foot size. SUPERVISOR HORTON: Thank you. Other comments from the floor? Mr. Penny. GEORGE PENNY: Once again, I would like to reiterate my comments on the SEQRA process and the fact that what you are doing, again, is making more and more buildings in this town non-conforming. Because you are addressing non-conforming lots and the map that I brought in here the other day shows very clearly that about 80% of the houses in this town already exist on non-conforming lots, by virtue of the fact that there zoning category is raised several layers above what the lot actually is. As you well know, the Town Code starts with R-40, yet there are plenty of R-10,000's existing, which are non-conforming. There are plenty of R-20,000's and there are probably some R- 30,000, which are the smaller lots. So they are already non-conforming so you are affecting a lot more people than you already recognize. What you are doing also, is you are mak/ng it impossible for the conversion of a house to a future use. Such as turning a summer house into a year-round facility. Much of what is going on around here because people come out here in the summers, they learn to like it living out here and they go in and they file an application. So now you are changing the setbacks that already exist on their property. One of the fundamental problems that I had with the old Master Plan was the fact that they were going to require people to come in with much bigger setbacks than were existed when the lots were created. And back in those days, the Master Plan was held up for about six months until everybody agreed that that was the formula that we were going to use. Well, in 1997, somebody took that out of the book and they changed it back into feet again. Now, what you are doing is changing it again, once again, and so everything that is being built that is on the three or five foot setback on the smaller lots is in major trouble. I now refer to your chapter, 100-242. Non-conforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the re-modeling, re-construction, enlargement of a non-conforming building containing a non-conforming use provided that such action does not create any new non-conformance or increase the degree of non-conformance with the regard to the regulations pertaining to such buildings. Well, I found out what that meant a little while ago because I went and applied for a commercial building in Greenport which was five feet off the property line. And I was led to believe at one point by the Building Inspector that I could increase, I could just follow that line right down the property line and I could increase the size of my building as long as I didn't go any closer. Well, that is not the way that it is being interpreted. So, I had to knock the building down and move it. So they can't build any, they are on the very narrow setbacks to start with, you can't go closer to the property line, you can only go further away. I mean, it is going to be almost impossible to convert their house into a year-round residence and where are they going to go? It is a matter of such complication that I really don't think that it has been thought out. Thank you. Southold Town Board-Public hearing 4 July 29, 2003 SUPERVISOR HORTON: Thank you, sir. Mr. Lizewski. JOE LIZEWSKI: Joe Lizewski. I would like to make a few comments on basically, I don't want to stay for all these laws because they are basically on the same subject and working in the same direction. I just thought I, it says the purpose to clarify and establish clear channels of governing maximum building height, preserve the character o£ single-family neighborhoods, to preserve open space. Nowhere in this whole thing, which is always humorous to see what the purpose is, does it say that the bill includes attempt to prevent construction of illegal dwelling units, etc., etc. The purposes of these things are always very humorous because they are not really what they are really about. The real purpose of these laws in my eyes, which is basically in the same direction that this Town Board has been going for quite a while, is to take away the right of young people to put a second story on some of these small houses that they have. The way that these laws are written, you are basically going to have a very hard time and I don't know how many of these buildings exist in Southold Town, if you go down Bray Avenue and a lot of these areas, where lots were summer houses, the conversion of these lots to a second story and putting a second story on, will almost be impossible under these code changes. COUNCILMAN ROMANELLI: That is not true, Joe. DR. LIZEWSKI: That is the way that I read this. That is the way that I read this law. And I really believe that part of this is changing the footprint from a one-story house, a legal one-story house, you can't have a second story on some of these lots. COUNCILMAN ROMANELLI: If you re-read it, you are wrong on that. DR. LIZEWSKI: Well, that is the way that I am interpreting some of these laws. The other thing is that it changes what you can do as an accessory building on all size properties, from the way that I interpret this also. That if you have an accessory building, if you have a five acre lot, you are still going to be limited to the size of the accessory building that you are going to be allowed to have on it. You know these laws have been in existence since 1957, like it says, and they haven't been tampered with because they have been pretty good. Now, one of the things that you have to realize, that when these laws come to bear on us, I really, the last time that we had a law that came out of one of our departments was big one in 1995 with Tom, with the site plan law and it has raised havoc upon the business community ever since. It has not been touched. And when laws come from within our own government and not from within the people, and the demand from the people. You will find that they are really there to do a lot of pleasing for those particular departments not necessarily to please the people that are in jeopardy. So I would say that I would be very cautious about this law and look into really where it is really going to go and how many people that it really affects. If these laws are going to make everybody non-conforming, how many people are really going to be touched by this? We really used to work very hard to keep things in conformity, not non-conformity. Maybe part of the problem comes from the fact that some of the people in your town are not interpreting the code the way that it should be interpreted. And it is being passed down for decisions; it could be some of the personnel interpretations of what you already have. The fact that these codes have been here for so long and have not needed this kind of change, tells you that they must have been pretty good. I don't know where we are all going with this but I can tell you that I really believe that these laws will once Southold Town Board-Public Hearing 5 July 29, 2003 again affect the young people and the people that have the smaller houses, the people who have less in town. This will affect the middle class, the hardworking kids that can buy only a small house and are going to have a hard time adding to it if their families grow. I don't see a lot of sense in this. Thank you. SUPERVISOR HORTON: Thank you, sir. Are there other comments from the floor on this public hearing? Yes, Mr. Dinizio. JIM DINIZIO: Jim Dinizio, Greenport. On this particular one that we are talking about right now, height is sometlYmg that is very clear in the code and has been since 1957. That 35 foot role was there forever m~d most houses have been built with that 35 foot role in place and we didn't seem to have any trouble at all interpreting that, up until the time that Mr. Forrester took over. I say this as I was involved at this time. Maybe it was because Mr. Forrester doesn't live in the town, okay? Or maybe he has a different interpretation of how he would like to see things. And that is my impression. Certainly, before that, 35 feet was 35 feet. If you had a pitched roof, you took the average and I don't think that anybody complained about that. Now, I am talking in particular onjust any old lot that we have now, people who are conforming, you are going to make them non-conforming. And you know, say the house bums down? What are they going to do? Can they have their own house back? No, they cannot have their house back the way that it was. They can't rebuild it, if it is 50%. And do you have any idea and I would like an answer, as to how many homes you am actually affecting? And I am talking about the one in relation to height envelopes in residential districts. Anybody have any idea? SUPERVISOR HORTON: I do not. COUNCILMAN WICKH~: Jim, I don't have an idea but just speaking for myself: I would like to investigate ways that this could be applied to new homes and I am not sure that the Board, at least I would like to see it apply as a, in the way that you have described it; as a restriction on existing homes. MR. D1NIZIO: Okay. COUNCILMAN WICK_HAM: It may mean a little, additional, some changes to the legislation, the way that we have prepared it. MR. DIN1ZIO: So, you are going to restrict new homes on empty lots? COUNCILMAN WICKHAM: Yes. MR. DIN1ZIO: So, say if someone has a house and they tear it down and build another house, what do they have? What do they get? COUNCILMAN WICKHAM: We haven't prepared that legislation. MR. DINIZIO: Consider that. Porky's Restaurant is one that you ought to look at. Okay? Concerning that. Because that was interpreted and anybody who knows what Porky's Restaurant looks like then and what it looks like now, that was interpreted by Mr. Forrester, the same person who Southold Town Board-Public hearing 6 July 29, 2003 encourages this kind of law, who interpreted, changed the interpretation right in the middle of everything. And I never thought that I would ever say this but Mr. Lessard, the Building Inspector, there was one thing about him, is he stood his ground. Regardless of whether a person or a group of people tried to browbeat him into something else. And I think that when you are a public official, you have got the responsibility to everybody in town to do that. And I think that that is not what is taking place now. I think that we are bending towards the wind, following the path of least resistance. Continuity in our town has to be consistent. It has to be all the time, we have to look up to that. I mean, if we are saying that heights of houses affect the welfare of our town, I don't see it. Because if that is the case, what about Village Lane in Orient? What about the Village of Greenport? What about New Suffolk? These places all have what you, what people are trying to outlaw now, these places have been for 100 years. And when one house bums, it doesn't affect the other; that is the welfare of your constituents. That is what you want to protect. If they have problems with their cesspool, you don't want them going on another person's property to get to that. So okay, you leave 10 foot on one side because that is how you are going to get back there. And that is the health and the welfare, it is not because you drive someplace and you don't happen to like the cupolas on the house. It is not that. It has never been that. And the to~vn shouldn't be involved in that. We are getting involved in looks and looks is not what the town is about. Looks is about, the town is about consistency. It doesn't have to do with the color of your house or whether your house has a flat roof or not a flat roof. It has to do with the safety of your constituency. You have to consider that when you consider this law. And going to new construction, although I would not like to see it, at least you are not outlawing 90% of what is there now and in all honesty, no one who reads this law understands it. I can't tell you, any legal notice that is printed, is not read by the people that are affected by it. And I will offer this, as a reason, Tom, you were in charge of reading the laws. But you didn't read it, you explained it. Why did you fee the need to explain it to the people here? When they read the law. It was assumed that everybody understands it. And I am not picking on you, Tom but I see that all the time about the Town, seems to think that everybody is in your level of the universe. It is just not so. People are just out making a living, coming home and doing their thing and making plans. And there are young families that exist today, that maybe they are married for 10 years and when they purchased that small house, okay, and they started having children and they are going to go and come here after this law is passed or something similar to it, and find out that they can't expand their house because the town decided that they didn't like the way it was going to look, I just don't think that that is fair and I don't think that is the purview of this Town. Thank you very much. SUPERVISOR HORTON: Thank you, Mr. Dinizio. Are there any other comments from the floor? (No response) Comments from the Board? COUNCILMAN ROMANELLI: Just that we should clarify that, that it doesn't say that you can't extend your house and you can't have a second floor on it. You will be able to extend your home, you will be able to have a second floor on it-there will just be different restrictions on it. And different codes to follow if this law is passed, it doesn't say that you can't, it just changes the way that it works. SUPERVISOR HORTON: Thank you. We will close this public hearing. Are there other comments from the Board? (No response) Southold Town Board-Public hearing 7 July 29, 2003 Elizabeth A. Neville Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK R~CF-IVED ROBERT d GAFFNEY SUFFOLK COUNTY EXECLFRVE 2003 July 21, 2003 DIR6CTOR OF PLANNING Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Amendment to Section 100-244 of the Town Zoning Code. Public Hearing Date: 7/29/03 S.C.P.D. FileNo.: SD-03-11 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-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles Director of Planning GGN:cc S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRBSS H LEE DENNISON BLDG. 4TH FLOOR · P O. BOX61OO · (63 I) 853-5190 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWAR, DS 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 BOARD 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. fl2 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 stow in height maximum. #2. The Building height Envelope law is designed to prevent ovemrowding, 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, New York 11971 RECEIVED Jill. ~ 9 ?9? $oethola Town Clerk Dear Members of the Board: 1 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 behalfofNFEC, I encourage the Southold Town Board to adopt these local laws. Thank you for your consideration. Gwynn Schroeder NFEC Southold Coordinator RE: PUBLIC H'-a, RINGSON 7/29/03 5:00PM; 5:O'-OM; 5:10PM; ~; 5:15PM Penny,Lumber HOME & FLOORING CENTERS RECEIVED JUL 2 8 2003 GREENPORT LOCATION and MAIN BUSINESS OFFICE BOX 2067 Main Road Greenport, NY ~1944 (631) 477-0400 MA'~'ITUCK LOCATION Box 1440 Sound Avenue MaRituck, NY 11952 [691) 298-8559 FLOORING CENTER [631) 298-4506 %uthold lo~n Cleri SouthoM Town Board Southold Town Hall Main Road Southold, 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 Sonthold 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 results becomes greater. Local law number 421 continues the trend of mak'mg 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 bu'flt 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 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been present- ed to the Town Boardof the Town of Southold, Suffolk County, New York, on the 8th day of July 2003~ a Local Law tion to the Setbacks of Residential Principal Buildings on Non- Conforming Lots" and NOTICEIS 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 dav of July 2003 at 5:05 p,m, at which time all interested persons will be given an opportunity to be beard. The proposed total law enti- tled, "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Co~n~rming Lots" reads as follows: LOCAl, LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I.Purpose- To clarify and establish clear standards gov- erning the building setbacks to further preserve the quality a~..d character of single-family neighborhoods. Il. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-1995] A. This section is intended to provide minimum standards for granting ora building permit for the principal buildings of lots which are recognized by the town under §100-24, are non- conforming and have not merged pursuant to §100-25. B. [Amended 3-4-1997 by L.L. No. 5-1997] Such lot shall be required to meet the follow- ing Area (square feet) 10,000 to 19.999: lot coverage 20%; front (feet) 35; side (feet) 15; yard both sides (feet) 30.' rear (feet) Less than 29,999 10,000: lot coverage 20% front (feet) 35; side (feet) 10; yard both sides (fee0 251 rear (feet) 35 III. Severability. If any clause, sentence, para- graph, section, or part o[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 thelcof 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 Secreta~ of State as provided by law. Strike-through represents deletion. Underline represents inser- tion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 8, 2003. ELIZABETH A. NEVILLE sOUTHOLD TOWN CLERK iX 7/17/03 (825) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator~ of the Traveler Walchman, a public newspaper printed at Southol& in Suffolk County; and ~that 'the notice of which the annexed is a printed copy, has been published in said D'aveler Watchman once each week for ...... ]....week(~ successively, commenci!ag qn the ...... (17~( ...... day of ...... ........ 2003. Sworn ~to ~efore me this.../.~.'~i./..day of ....... :003. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in StfffoIg County ( ommission expires May 06, 2{1{16 ELIZABETH A, NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 63095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (651) 765-6145 Telephone (631) 765~1800 southoldtown,nor thfork.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 perm/ts 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 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 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 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 La~v entitled "A Local Law in relation to the Setbacks of Residential Principal Buildinlzs on Non-Conformin~ Lots" 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 5:05 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 Setbacks of Residential Principal Buildings on Non-Conformin~ Lots" reads as follows: LOCAL LAW NO. 2003 A Local La~v entitled "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conforming Lots" BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. Purpose- To clarify and establish clear standards governing the building setbacks to further preserve the quality and character of single-family neighborhoods. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-1995] A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100- 24, are nonconforming and have not merged pursuant to § 100-25. B. [Amended 3-4-1997 by L,L. No. 5-1997] Such lot shall be required to meet the following: Area Yard (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 10,000 to 20% 35 1~5 3~Q0 4~0 19,999 Less than 10,00~ 20% 35 10 25 35 Il I. 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 Building Department John Cushman Town Board Members Planning Board Town Clerk's Bulletin Board Town Attorney Zoning Board of Appeals STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of~e Town of Southold, New York being duly sworn, says that on the 1.~ day of /~,~. ,2003, she affixed a notice of which the annexed printed notice is aUtrue 6bpy, 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: A Local Law in relation to the Setbacks of Residential Principal Buildines on Non-Conformin~ Lots Southold Town Clerk Sworn before m~this~ _.~dayof ~.~(~ ,2003. %7 blie 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. 421 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 8t~ day of July 2003 a Local Law entitled "A Local Law in relation to the Setbacks of Residential Princioal Buildin~zs on Non-Conformimz Lots" 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 Fork, on the 29th day of July 2003 at 5:05 p.m. at which time all interested persons will be give~ an opportunity to be heard. The proposed local law entitled, "A Local L aw i n r elation t o t he Setbacks of Residential Principal Buildings on Non-Conformin~ Lots" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conforming Lots" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the building setbacks to further preserve the quality and character of single- family neighborhoods. Il. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-1995] A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. [Amended 3-4-1997 by L.L. No. 5-1997] Such lot shall be required to meet the following: Area Yard (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 10,000 to 20% 35 15 30 40 19,999 Less than 20% 35 10 25 35 10,000 III. Severability. lfany 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. 1V. 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