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Accessory Bldg requirements 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 southoldt own.northfork.net $ovthoM Toum CJ'er~: 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 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Heieht and Setbacks for Accessory Buildines", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED July 16, 2003 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 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter lsland 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 REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORI)S MA/qAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (63 I) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD I~ECEIVED July 16, 2003 $,:~;~t5~I ~ ? "~n C. lerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th dav of July 2003 at 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Hei~,ht and Setbacks for Accessory Buildinl~s", 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 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 that the Town Board of the Toxvn of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Heitht and Setbacks for Accessory Buildings", 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 lsland 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 ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR 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 Bo~rd of the To,vn of Southo!d will hold a Public Hearing on the 29th day of July 2003 at 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Heieht and Setbacks for Accessory Buildings", 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 cci Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ~fiTAL 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 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 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildines", 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 0 / cc: Suffolk County Department of Planning t~ Long Island State Park Commission Village of Greenport Town of Shelter Island To~vn of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOIq. MATIOIq 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 5:10 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings", 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: ~7/c-3~/(-~ 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 Hail, 53095 Main Road P.O. Box 1179 Southaid, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaidtown.northfork.net July 16, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29th day of July 2003 at 5:10 I~.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildines", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 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 INFOt~g~ATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, 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 5:10 I~.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Heir!hr and Setbacks for Accessory Buildim!s", 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 cci Suffolk County Department of Planning Long Island State Park Commission Village of Greenport To~vn 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 5:10 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date RECEIVED JUL 2 I 2003 %uth01d Town CierI~ JUL ?" '!: ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma~n 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 5:10 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Signature, Received By' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: RECEIVED ]t'L ~ 1~ 2003 %uth01d 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.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 5:10 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings", 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 Date: SOUTHOLD TOWN BOARD PUBLIC HEARING July 29, 2003 5:10 P.M. HEARING ON ~A LOCAL LAW IN RELATION TO THE SIZE, HEIGHT AND SETBACKS FOR ACCESSORY BUILDINGS." 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 WlCKHAM: 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 Building Height Envelol~e in Residential Districts" 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 5:15 I~.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Building Height Envelope in Residential Districts" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Building Height Envelope in Residential Districts", BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this la~v is to prevent overcrowding, loss of open space, and overbuilding on lots, and to provide separation and privacy between residences. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: { 100-34. Building Height Envelope. A. All buildings on lots within the R-80, R-120, R-200 and R-400 districts shall be set back from all property lines so that the height of any point of the building shall not exceed the horizontal distance between the nearest property line and the closest point of the building, or a 1:1 ratio; except that on lots with a width of 70 feet or less, the ratio shall be increased to 1:1 '/2. B. Notwithstandin~ any provisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. Southold Town Hall-Public Heating 2 July 29, 2003 ~ 100-30A.5. Buildin~ Height Envelope A. All buildings on lots within the R-40 district shall be set back from all provertv lines so that the heim ht of any point of the buildinff shall not exceed the horizontal distance between the nearest vropertv line and the closest point of the building, or a 1:1 ratio; except that on lots with a width of 70 feet or less, the ratio shall be increased to 1:1 1/2. B. Notwithstandin~ any provisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. IlL 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. I have here before me; I will read the suggestions, the proposals from the Plarafmg Board. "The proposed size limits on accessory structures 660 square feet and 750 square feet is intended to discourage conversions of accessory structures, such as garages, to dwelling use. The proposed raising of the height from 18 to 22 feet seems to work against the intent of the amendment. Make all accessory buildings one story in height maximum. The building height envelope law is designed to prevent overcrowding, loss of open space, separation and privacy between residences and also over- building. 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 property owners are required to keep minimum required side yards clear of all fences without gates or trees, it may be difficult for tim fighters to adequately fight a fire on a large structure with these mirfimal side yards. The 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 whether the proposed wording of this legislation goes far enough towards accomplishing the intent of protecting the character of existing neighbor hoods, 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 prove insufficient." And one of the Board members abstained from the issuance of these recommendations. And that is the Planning Board's comments. We have the comments from Penny Lumber and I will try to extract from tiffs, "Proposed local law #422 is the proposal that I find most objectionable. The garage height or accessory building height limits should be raised. And 22 feet in an R-40 or larger lots would make sense. The square footage sizes are too limited, that is the 660 square feet and the 750 square feet limits to square footage are too limited. This size limit proposed would result in a proliferation of small sheds and more cars, trucks and junk stored outside in view of the neighbors in the neighborhood. If this is coupled with the definition of roof heights, the results will be very different than what is hoped for." That is their comments and there are no other substantive comments on this particular proposal. SUPERVISOR HORTON: Thank you. Yes, Mr. Brown. ROB BROWN, ARCHITECTURAL REVIEW COMMITTEE: Rob Brown again for the Architectural Review Committee. In this case we have some comments that we would like to make, one of the issues that has come up has to do with confining accessory buildings to the rear yard except Southold Town Hall-Public Hearing July 29, 2003 in waterfront property. The question was, why couldn't accessory structures be permitted in side yards provided that they complied with the full side yard setback of the principal structure? There are a lot of instances where people want to put a garage or a swimming pool on the side of their house with plenty of space and just aren't allowed to do it. That is one. Just as a matter of bookkeeping, we noticed that the districts that are included in the list that are covered by this local law do not include R- 40 and we were wondering if that was intentional? If so, what are the regulations for R-407 COUNCILMAN ROMANELLI: That wasn't intentional. That was a bookkeeping error. COUNCILMAN WICKHAM: We will have to look at that. MR. BROWN: We are just raising these issues for you. I would like to go back to builcVmg heights for a second because building height is an issue in this chapter as well. Two things, first of all, I would like to go back to the basic issue of how to define roof height. And I am sorry that I didn't say this before but if you consider measuring to the top ora pitched roof given 35 feet to a roof that is pitched at 5:12 compared to 12:12 you are going to have substantially different volumes and massing to look at and I think that this is one of the arguments for keeping the definition at the midpoint of the roof. Because the midpoint of a 5:12 slope is much higher than a 12:12 slope. And you wind up with a taller, boxier building, despite what you are trying to accomplish. Specifically, in this local law-"such buildings shall not exceed 22 feet in height" making no distinction between a pitched roof and a flat one. And we are concerned about that. One last item, agricultural building accessory buildings are exempted in this proposal and we would suggest that at least where they abut residential properties perhaps that should be reconsidered. Thank you. SUPERVISOR HORTON: Thank you, Mr. Brown. Other comments from the floor? GERI WOODHOUSE: Geri Woodhouse from Orient. ! think I understand what you mean by an accessory building, a garage, a shed, storage or something. In our town there are situations, my own included, where if you have two houses on one tax map-one of them must be considered an accessory building. Both of those houses could be full size, three bedroom, big sized houses but because of the way in which our current laws exist, one of them must be considered accessory and the other one can be considered the residential dwelling. And I think that as you attempt to put this law together, that that is one anomaly that I have discovered. There might be others just like and how you figure out the way to deal with these unusual situations should be considered from the beginning, because as some one else pointed out; if either one of these bums down and needs to be re-constructed, you might have a house that could be 1500 square feet that now has to be built to a 600 square foot house. COUNCILMAN WICKHAM: This could be a serious problem. I would like, this seems to me a question of fact that I am not clear about. I would like to turn to our Town Attorney and ask if he could just clarify the factual question. TOWN ATTORNEY YAKABOSKI: I think it depends on the plat pattern. If you had a home or had a parcel of land that had two parcels on it the only way that that would be allowed validly would be if they were pre-existing, non-conforming. In that case, both would be considered residences, one would not be considered an accessory structure under the law. If that helps. Southold Town Hall-Public Hearing 4 July 29, 2003 MS. WOODHOUSE: It is not my understanding that that is the way that it is being interpreted today, in Southold Town. TOWN ATTORNEY YAKABOSKI: (inaudible) a parcel of land, two acres, you had a home on it right now and attempted to build a second home on it without doing the subdivision, that would not be permitted under law. MS. WOODHOUSE: I am talking about houses that already exist and I know of three examples in my own community where that is the case. These are pre-existing, pre-code but they still are considered one residence, one accessory building under the law today. TOWN ATTORNEY YAKABOSKI: They lose their pre-existing, non-conforming status. Again, if you had a parcel of property, say two acres, you had to have two houses on it, the only way that that would be valid if both of the houses were put on there prior to the zoning restrictions being placed on that property. MS. WOODHOUSE: Correct. SUPERVISOR HORTON: Town Attorney, please, if you don't mind me...Do you currently have an application before the ZBA? MS. WOODHOUSE: I do not have an application before the ZBA at this time. SUPERVISOR HORTON: Or the Planning Board? MS. WOODHOUSE: Not at this time. SUPERVISOR HORTON: Just concerned in regard to this public heating if that .... MS. WOODHOUSE: All I am saying is that this is an area that you might want to consider as you draft the law. That is all. SUPERVISOR HORTON: Okay. Point well taken. Thank you. MS. WOODHOUSE: Thank you. SUPERVISOR HORTON: Are there other comments from the floor? Mr. Penny. GEORGE PENNY: Hi, George Penny, again. Southold Town. My comments on the earlier ones regarding the Environmental Impact Statement, I reiterate them in this specific case. You are once again, creating a major amount of non-conformities with these lot line changes, with the setbacks on the lot lines. Tom made a comment earlier, which is, that there is no restrictions on the size of these accessory buildings. I would like to reiterate, yes, there is a restriction on accessory buildings. It is called lot coverage. Lot coverage is how it has been addressed by the Town for as long as I have been around and probably a little longer. I think that we came in with zoning or whatever it was back in 1957 and since then it has always been based, all of this has been based on lot line coverage. I Southold Town Hall-Public Heating 5 July 29, 2003 appreciate the fact that in A. you are going to increase the buildings to 22 feet in height because that shows that you are giving something instead of taking something away for once. However, when you take an owner of a major parcel of property and restrict him to a 750 square foot accessory building, I think that is being terribly restrictive. That is just a little bit bigger, it is about a 2 ½ car garage. And the cormnents that were made earlier by Jim Rich in my office, that you have a copy of up there-people are going to tend to have to leave stuff outside or else they are going to have to go to the ZBA with a 10 acre lot and beg to have a 3 or 4 car garage and I don't think that is necessary. Once again, the non- conforming situation that you are throwing most of the Town into is my reoccurring theme. Thank you. SUPERVISOR HORTON: Thank you, sir. Are there other comments on this public heating? Yes, sir. AL TAGGART: Al Taggart, Southold Town. I kind of agree with George on this one, that a piece of property that is two acres plus should not be limited to a size for an accessory structure. Anything smaller, yes, but not larger. SUPERVISOR HORTON: Thank you. Other comments from the floor? Mr. Rich. JIM RICH: Good evening, my name is Jim Rich and I am an employee of Penny Lumber, so there is not question about that. I have objection to all four of these things in general but I would just like to use this opportunity to speak about it. Most significantly, the accessory building part of this. I am concerned about the heights and the effect that is going to be architecturally on this I think what is going to happen, is people are going to kind of look at this and say okay, we have an 18 or a 22 foot height and instead of being to the midpoint of the ridge as one of the architects pointed out, it is going to be basically, your reaction is going to be to raise the hips, when I say the hips, the eaves, and work on a 4:12 pitch. So you can bring the eaves up to 22 feet and then run a 4:12 pitch. You are going to have some really ugly stuff. Apparently some people do like flat roofs and roofs of 4 inch pitch but most of the time whatever I have seen architecturally ~ve don't think of that as being particularly attractive in Southold Town. More colonial stuff is like a 9:12 or a 10:12 pitch saltbox type of think and that is the type of garages that we have, that I have been involved in at Penny Lumber. Probably 40 or 50 in the last year or so and I haven't seen any real, honest and I am being honest with you, I haven't seen any tendency for people to be building garages with the intent of using it for apartments. I have seen an occasional person who wants to put a bathroom in there because they intend to put a pool behind it and they want to be able to shower. I have seen some people that might ask for some heat downstairs in them, you know where the woodstove or something like that because they want to have a little wood shop and do hobbies or stuff like that but I have honestly seen no intent for apartments or abuse of that and I think that if that is the case, instead of legislating and penalizing everybody that is involved, why don't we get some code enfomement involved here? I mean, we all know, everyone of you know where there is a three-family house that is only a few years old in Southold Town and yet we have no code enforcement on it. Having said that, I also want to reiterate my comments that if we restrict the size of these garages and accessory buildings, you are going to see a proliferation of 10X10 or 8X10, these sheds that you can buy and bring in on a trailer, the Building Department says anything under 100 square feet you don't need a building permit so they keep no track of them. You are going to see outboards in the front yards, in the back yards covered with canvas all winter long. Things that people would use a 2 or 2 ½ car garage for. I think that it is really restrictive and I stand by my comments in my letter on that. As far as firefighters go, yeah, we would Southold Town Hall-Public Hearing 6 July 29, 2003 like to have. I actually am an interior firefighter, I am a member of Southold Fire Department, we would like to have access, we don't have access to a lot of the houses on private roads and that is something that the fire departments have asked for a while. So, let's not confuse those issues here. And my last comment is relative to all four of these and I hope you don't mind me making them at this point, but all four of these things, I really respect what Dr. Lizewski said. I feel that this is really going to make it more difficult on the younger people to do things like expand the existing house. I don't see anybody living in garages, apparently there are some people living in cars so that tells you how bad things must be for some people's housing but to expand on an existing house, buy a small house and add on to it, be proud of it and things like that. I mean, I think that what you are doing is just making it more difficult for local families. The last thing that I will comment on is the pyramid law that is in the next section, again, it is going to force design people to work for loopholes; instead of having a ridge that is parallel to the road, you are going to turn a ridge and mn it perpendicular to the road because that way you can follow the slope of the 45 degrees or the 1:1 pitch up and work around it that way. So what you are asking for and what you get by these laws may be very much two different things. That is my only comments. SUPERVISOR HORTON: Thank you, Mr. Rich. Are there other comments from the floor? Yes, sir. SANFORD HANAUER: My name is Sanford Hanauer, I live in Mattituck. The accessory take into consideration uncovered decks in backyards. I built my house, I am talking about uncovered decks in backyards. I live up on the bluff in Mattituck and my deck extends, my house is setback roughly 200 feet from the high water mark on 100 foot high bluff. Several years ago, I went for pool permit to build a pool. The deck extended out from the house, it was attached from the house, it extended out about 30 feet to a ridge line with a 20 foot drop-off. I submitted the survey to the DEC, to the Town Trustees; all was approved. I submitted the pool plan to the Building Department, it was approved; I submitted a deck plan to the Building Department, it was approved. When the Building Inspector came up to look at the pool, he immediately said 'did I get a variance?' I said a variance for what? He said your pool is in your side yard, not in my backyard. Yet, my structure, the building itself, is in compliance. Everything was in compliance. I had to prove to them that while the deck was attached to the house, in order to get the approval I had to dis-sever the deck from the house to show that my pool was now in my backyard from my structure. So there has to be some kind of a law in this that addresses the deck situation. I am not talking a covered deck, I am talking just a grade level deck. SUPERVISOR HORTON: Thank you. Mr. Strang. GARRETT STRANG: Thank you. Garrett Strang. Southold. I would like to make two points with respect to the accessory structure issue. One being, relative to its height, if the accessory structure were to be a flat or low pitched roof structure as defined in this proposed legislation, we could see...which we don't presently have. We have some one and a half story accessory structures but we can see a proliferation of some two story accessory structures. And I am not sure that is where we really want to go with this. Two story flat or very low pitched roof accessory structures. I would like to make the point, sort of echoing Mr. Penny's comments with respect to the size limitations of accessory structures. I think, as he suggested, lot size relative to percentage of lot coverage has ruled in the past. I think that keying the size and accessory structure to a percentage of lot coverage or a percentage of the yard that it is in is a better way to go than restricting it strictly to X number of square feet or X number of square feet if you pass that demarcation line. Specifically, if you were to have Southold Town Hall-Public Heating 7 July 29, 2003 someone who had a two, three or five acre residential lot and they wanted to build an accessory structure in the rear yard to accommodate their collection of antique vehicles, they are not going to get many vehicles in a 750 square foot accessory structure, yet they have ample property in which to develop a larger structure that would be proportionate to the size of the lot. So maybe this is some consideration that can be given in that regard. Once again, thank you for your attention. SUPERVISOR HORTON: Thank you, Mr. Strang. Would anybody else care to address the Board on this public hearing? (No response) Comments from the Board? (No response) We will close this heating. Elizabeth A. Neville Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK RECEIVED SUFFOLK COUNt( EXECLFnVE July 21,2003 JUL 2 8 2003 %uth01d fown Clerl~ THOMAS ISLES, AICP DIRECTOR OF PLANNING To~vn Clerk Town of Southold Gentlemen: Applicant: Zoning Action: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendment to Section 100-33 of the Town Zoning Code. 7/29/03 SD-03-10 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 Comnfission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles Director of Planning GGN:cc G:\CCHO RNYIZONING/ZON~NG/WO RKING\LD2003/J U L\S D03.10 JUL S/s Gerald G. Newman Chief Planner LOCA~I ON MAILING ADDRESS H. LEE DENNISON BLDG - 4TH FLOOR · p 0 BOX 6 I O0 · (6,3 i ) 853 5 i 90 I O0 V~II-RANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788 0099 T'E'LECOPIER (63 I ) 853-4044 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southo[d, 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 e 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 structu res. 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.) 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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~ From: Southold Town Board , Valerie Scopaz, Town Planner ~r]9~ Edward Forrester, Director of Code Enforcement With regards to the proposed local law as it pertains to Accessory Buildings. # 1 We encourage the adoption of language that would define the specific uses that may be permitted within an accessory structure, e.g. garage, workshop, storage, studio, office, library accessory apartments etc. #2 Furthermore, the code should clearly define the parameters within which these uses may be operated, i..g. sink but no shower or commode, unheated, etc. #3 A Certificate of Occupancy should only be issued for defined uses. By noting these uses above we are not necessary recommending in that they be permitted in accessory structures. These examples, however, reflect uses that are taking place within accessory structures in absence of definitive language. Currently many accessory structures are permitted with more than one of these uses e.g. garage/studio, studio/workshop. July 29, 2003 RECEIVED Members of the Southold Town Board Southold Town Hall P.O. Box 1179 Southold, New York 11971 JUl_ 2 9 253? Southold Town Clerk Dear Members of the Board: I submit the following and ask that my comments be entered as part of the record for hearings on the following proposed local laws: "A Local Law in relation to Height of Buildings of Residential Structures", "A Local Law in relation to the Setbacks of Residential Principle Buildings on Nonconforming Lots" and "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings". The Town of Southold has been struggling with how to maintain our rural identity and protect our environment for many years. There has been much public debate about the proliferation of oversized housed on small lots and mansion-like structures and how this is changing the face of Southold. As our Town grows, the pressure to develop non-conforming lots increases. The small cottages and bungalows that once adorned our community are disappearing being replaced by large residences that overshadow neighboring homes. As an environmentalist, I have come to accept that most of the undersized, nonconforming lots eventually will be developed, but the impact of this development can be lessened. These local laws, if adopted, will lessen the impact of new development. On behalf ofNFEC, I encourage the Southold Town Board to adopt these local laws. Thank you for your consideration. Gwynn Schroeder NFEC Southold Coordinator RE: PUBLIC 'EARINGSON 7~29~03 5:00PM; 5 5PM; 5:1OPM; g 5:15PM Penny,Lumber HOMF. & FLOORING CENVI RECEIVED JUL 2 8 2003 GREENPORT LOCATION and MAIN BUSINESS OFFICE Box 2067 Main Road Greenport, NY 11944 (631) 477-0400 MA%flTUCK LOCATION Box 1440 Sound Avenue Mattituck, NY 11952 (631) 298-8559 FLOORING CENTER (631) 298-4506 %utholrl Town Cleft Southold 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 Southold Town. A "loop hole" is opened to low pitch roofs while; colonial-steeper pitched roofs become more aggressively regulated. Most people in a community with Southold Town's architectural heritage will find greater pitched roofs more in keeping with their taste. When this new definition of heights becomes applied to garages the potential for unintended results becomes greater. Local law number 421 continues the trend of making more lots nonconforming and sending more homeowners to the ZBA for their projects. Proposed local law resolution 422 is the proposal I find most objectionable of these four resolutions. Garage height limits should be raised, and twenty-two feet in R-40 or larger lots would make sense. The square footage sizes are too limited in part "B" (660/750). The size limitation proposed would result in a proliferation of small sheds and more cars, trucks, and junk stored outside in view of the neighbors and the neighborhood. If resolution 422 is coupled with the definition of roof heights in resolution 420 the results will be very different than what is hoped for. The final proposal is well intended but represents a major change in zoning policy. This is essentially a "pyramid" law and will have dramatic effect on how many lots can be built upon. Would this also apply to unattached buildings and garages? All four of these proposed law changes seem unnecessary and will create even more work for the ZBA. Over the past several years I've been involved in the design and construction of many garages. Almost all of these garages have been for local working people. The thought that many of these larger garages are intended as illegal secondary apartments has not been my experience at all. Some may have secondary intended use as office space for contractors or as play rooms for children, but I can only think of two that might be intended for abuse of the current laws, Of these, one may be intended as a temporary solution to accommodate a family during a major renovation project. It seems extremely heavy handed to penalize many people because a very few may abuse a situation, If in fact there is a problem with people creating illegal apartments or multiple family houses this should be dealt with by code enforcement not blanket legislation. Sincerely, James H. Rich III ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Orlowski: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans containing Dwelling Unit(s) in the Town of Southold. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed amendments and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board for their review. The date of the public hearings is July 29, 2003. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure ELIZABETH A. NEVILLE TOWN CLEP, 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 TOV~N CLERK TOWN OF SOUTHOLD July 18, 2003 Thomas Isles, D/rector of Plarming Department of Plamfing 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 Resident/al 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 heatings is July 29, 2003. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IN ENACTED by the Town Board of the Town of Southold, as follows: L Purpose- To clarify and establish clear standards gov- erning the maximum building height, size and setbacks for accessory structures in order to furtherpreserve the character of single-family neighborhoods. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural- Conservation district and Low- Density Residential R-80, R- 120, R-200 and R400 Districts, accessory buildings and struc- tures or other accessory uses shall be located in the required rear yard, subject to the follow- ing requirements: A. Such buildings shall not exceed ~ (18) twentv- two {22) feet in height. B. Such buildings shall not exceed 660 square feet on lots containing up to 20.000 square feet, and shall not exceed 750 square feet on lots containing in ~xcess of C. 20.000 square feet. Agricultural buildings and structures are excluded. ~. C Setbacks (1) On lots containing up to twenty thous~a~d (20,000) ten OF SAID APPROPRIATION. Objec.t or purpose: to con- Human Resources Building located at 750 Pacific Street, in Mattituck. Amount of obligations to be issued: $200,000 Period of probable usefulness: five (5) years A complete copy of the Bond g Resolution summarized above d shall be available for t)ublic - inspection during normafbusi- ti ness houm at the office of the re Town Clerk's Office, 53095 ;et of Southold continued a paytt~n )n began at fl~e previous monein l on hi~ repealoire of skill and fl~qd (t as cotmcilman and his Se.}e- ~'paring lhe town's Master tions 'tn. 15. He pointed out thet flee fioned9) DGEIS totals for revel- inns AIl a~d thet was being used to and ~ (g a mce~t sale of a local taken( think a developer can held m(d 79,999) square feet, such build- ngs shall be set back no less (25) feet from any lot line. ~ D. In the case ora water- front parcel, accessory build- ings and structures may be located in the front yard, pro- vided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. III. Severability. If any clause, sentence, para- graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdic- tion to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as 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 (826) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ...../. ..... ~eek(--s~ s~/ccessively, commencing qn ~he ....... /... L ..... day of '--7. ..... ..... 2003. Swom,_Jo b~fore me this /'''~ day of ";"~'~-'[5 ...... 2003'' ........ /:i~/.~. . ~. .~. .~. .~.~ :~ . . '" Notary Public Emily Harnifi NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk £ ounty Commission expires May 06, 2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTIC5 MARRIAGE OFFICER RECOP, D~ MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (681) 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 Coumy of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans comaining Dwelling Unit(s) in the Town of 8outhold. 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 heatings 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 REGISTHAR 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) 7654800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 2003 Bennett Orlowski, Ir., 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 earl/est 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 Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" 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 5:10 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 Size, Heiaht and Setbacks for Accessory Buildin~!s" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the To;vn Board of the To;vn of Southold, as follows: 1. Purpose- To clarify and establish clear standards governing the maximum building height, size and setbacks for accessory structures in order to further preserve the character of single-family neighborhoods. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shaI1 be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) twenty-two (22) feet in height. B. Such buildings shall not exceed 660 square feet on lots containin~ up to 20,000 s~luare feet, and shall not exceed 750 square feet on lots containin~ in excess of C. 20,000 square feet. Agricultural buildings and structures are excluded. B. C. Setbacks. (1) On lots containing up to twenty thousand (20,000) ten thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than ten thousand (10,000) square feet up to twenty thousand (20,000) square feet, such buildings shall be set back no less than ~ five (5) feet from any lot line. (4) 3~) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than ~ ten {10) feet from any lot line. (-3) ~ On lots containing in excess of thirty-nine thousand nine hundred ninety- nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than t-eh (10) twenty (20) feet from any lot line. (4) .~) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) twenty five (25) feet from any lot line. G. ~D. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. I I 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 I 179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Attorney Planning Board John Cushman Town Board Members Building Department Zoning Board of Appeals Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk oftkhe T~own of Southold, New York being duly sworn, says that on the I~ day of I~k,,ry ,2003, she affixed a notice of which the annexed printed notice is aCtme copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing: A Local Law in relation to the Size, I-tei~ht and Setbacks for Accessory Buildings Southold Town Clerk Sworn before m~,this _ 1 ~ day of ~&~'X~ ~N~b¢0 H t~"""""""""~ n ,2003. LYNDA M, BOHN ~IOTAIRY PUBLIC, State ol New No. 01 BO6020932 (~ualilied in Suffolk ~ount~ Term Expire~ Marcia 8, ELIZABETH A. NEVILLE TOWN CLERK REGISTP,,AR 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. 422 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 8, 2003: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 29th day of July 2003 at 5:10 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 thc Size, Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the maximum building height, size and setbacks for accessory structures in order to further preserve the character of single- family neighborhoods. il. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed cightccn (18) twenty-two (22) feet in height. B. Such buildings shall not exceed 660 square feet on lots containine un to 20,000 square feet, and shall not exceed 750 square feet on lots containine in excess of 20,000 scluare feet. A~ricultural buildings and structures are excluded. t3. ~C. Setbacks. (1) On lots containing up to twenty thousand (20,000) ten thousand (l 0,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than ten thousand (10,000) square feet up to twenty thousand (20,000) square feet, such buildings shall be set back no less than hh~ee (-3) five (5) feet from any lot line. (-29 (3) On lots containing more than twenty thousand (20,000) square feet up to thirty- nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) ten (10) feet from any lot line. (-3) ~! On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ~ _twenty (20) feet from any lot line. (4) (5) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twcnty (20) twenty five (25) feet from any lot line. G. ~D. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. 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 nut effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk