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