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HomeMy WebLinkAboutBldg Height in Res Dist 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 sour holdtown.no~hfork.net RECEIVED July 16, 2003 $outhold Town C~erk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on the 29Ih day of July 2003 at 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Building Height Envelooe in Residential Districts", 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, mece~ved 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 RECEIVED oFFiCE OF THE TOV/N CLERK TOWN OF SOUTHOLD alJG 8 2003 Southold Town Clerk 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 5:15 p.m, on the proposed Local La~v entitled, "A Local Law in relation to the Building Height Envelope in Residential Districts", 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: Suflblk 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 Bu'Tg 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 INFORM2~TION 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 southaldtown.northfork.net AUG : 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 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildin~ Height Envelooe in Residential Districts", 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 VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICI~R 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 JUL 1 6 2003 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 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildin~ Height Envelope in Residential Districts", 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: JUL 1 6 2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 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 Southo!d w/Il hold a Public Hearing on the 29th day of Jul'~ 2003 at 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildin~ Height Envelope in Residential Districts", 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 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 So:~thold will hold a Public Hearing on the 29th day of July 2003 at 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Building Height Envelope in Residential Districts", 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 Southoid 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 ,~[~[ 2 [ 2003 %u~hold Town Clef[ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou/hold, 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 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildin~ Height Envelope in Residential Districts", 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: RECEIVED JUL 2 1 2003 %uthold Town Clerl~ ELIZABETH A. NEVILLE TOWN CLERK REGISTti,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 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 5:15 I~.m. on the proposed Local Law entitled, "A Local Law in relation to the Buiidin~z Hei~zht Envelope in Residential Districts", 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 'o_ ,- eceived g'y DUPLICATE TO BE SIGNED AND RETURNED TO SOUTItOLD 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 5:15 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildin~ Height Envelope in Residential Districts", 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 REGISTt~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 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 5:15 p.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildinll Height Envelope in Residential Districts", 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: Southold Town PTanning Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 MoAn 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 5:15 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildinl~ Height Envelooe in Residential Districts", Certified copies of resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc~ Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE Date: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1500 southo]dtown.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 5:15 o.m. on the proposed Local Law entitled, "A Local Law in relation to the Buildin~ Heieht Envelo0e in Residential Districts", 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 o f 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 SOUTHOLD TOWN BOARD PUBLIC HEAR1NG July 29, 2003 5:15 P.M. HEARING ON "A LOCAL LAW IN RELATION TO THE BUILDING HEIGHT ENVELOPE IN RESIDENTIAL DISTRICTS." Present: Absent: 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 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 Buildinfl Height Envelope in Residential Districts" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 29th day of July 2003 at 5:15 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 Buildin~ Heiflht 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 law 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 buildin~ shall not exceed the horizontal distance between the nearest ¢ropertv line and the closest point of the building, or a 1:1 ratio; excel~t that on lots with a width of 70 feet or less, the ratio shall be increased to 1:1 ½. B. Notwithstanding any 1)rovisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. Southold Town Board-Public Hearing 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 property lines so that the height of any point of the buildin~ shall not exceed the horizontal distance between the nearest vropertv line and the closest voint 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 ½. B. Notwithstandin~ any provisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. 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. Other towns on Long Island have adopted some degree, some measures of this so-called pyramid law; a law which regulates building height in relation to how far the building is set-back from the side. That is basically what this proposal calls for. I can read the Planning Board's comments about Building Height Envelope. "The measurement points in the ratio itself is 1:1 or 1:1 ½, should be defined or explained. It is confusing. For instance, the highest point on the principal structure may not be greater than the distance between the principal structure and the nearest property line. On lots 70 feet or less in width, the highest point of the principal structure may not be greater than 1 ½ times the distance between the structure and the property line. The amended law should explain how the building height will be determined on comer lots. A diagram should be provided in the text. The inclusion of diagrams to explain all of this would be extremely helpful and eliminate confusion." It would have helped me to explain it. We had an architect, by the way, who did a nice diagram and I wish that I had had it today to hand out to discuss it. And that is the comment that the Planning Board has on this. Penny Lumber, James Rich, who is with us this afternoon, had some additional comments on this. "The final proposal, which is this one, is well-intended but represents a major change in zoning policy. This is essentially a pyramid law and will have dramatic effects on how many lots can be built upon. Will this also apply to unattached buildings and garages?" I believe that this was designed for principal structures. And that is all the comments that we have on this one. Again, we have notices that it has appeared in the newspaper, it was posted on the bulletin board outside and I think that we are ready for comments from the floor. SUPERVISOR HORTON: Mr. Strang. GARRETT STRANG: Thank you. Garrett Strang. Once again, representing the Architectural Review Committee. We spoke at length to this particular proposed legislation and had several thoughts that we would like to share with the Board and the Committee. As previously stated on one of the earlier pieces of legislation discussed this evening had to do with the impact that this piece of legislation might have on hamlet density zone structures. Little houses that exist or lots that may still exist or as was proposed earlier, a house that exists that unfortunately bums down and wants to be reconstructed, this may have a major impact on that or again, in a hamlet density zone someone who wants to expand upon their house somewhat just to gain a little more square footage or a bedroom or something, they may find that they are not able to do that without having to go to the Zoning Board of Southold Town Board-Public heating 3 July 29, 2003 Review. I am not sure if the Zoning Board is willing or interested in taking on any additional case load than they presently already have. So, the other point that we batted about at some length was similar to the point that I raised earlier on behalf of the Committee, was that should not this yard restriction or height restriction be relative to the lot dimension and not cut off at the 70 foot issue? A very simple diagram would prove that if you had a 70 foot lot and you maintained the 10 foot setback, you could have a 15 foot high structure within the pyramid meeting that criteria. However, if the lot next door was 71 or 72 feet, it could only have a 10 foot high structure. So the person with the larger lot is obviously being penalized and the person with the smaller lot is being able to build a taller structure and I am not sure that is the intent here. So we may want to take a further look at again, not necessarily having a cut off of a dimension, but having a proportion or a percentage relative to this. COUNCILMAN WICKHAM: A sliding scale, in effect? MR. STRANG: Essentially, yes. A sliding scale without definitive breakpoints but everything being in proportion to the lot dimension as opposed to the lot area as in the previous case. That is pretty much all that we had to say about this particular legislation. Once again, thanks for your attention. SUPERVISOR HORTON: Thank you, Mr. Strang. Other comments from the floor? Mr. Penny. GEORGE PENNY: Once again, the question about the Environmental Impact Statement and the fact that this was not treated, what I consider for a local law, proper fashion. And I think that it makes it very challengeable, everyone of these laws that you are contemplating. Small lots started with 10 and 15 foot setbacks. How many houses on the Main Street in Southold, the Main Street in Greenport, some of the areas in Mattituck, if they were one story houses-would be able to convert under this law to two story? Is it not in character with the community that we already have to have two story buildings? I think that if you drive through Greenport, there are very few single story buildings, most of them are two stories. And in the old fishing village is the same way. You go down to Orient, it is the same way. So, in keeping with the character of the Town, you are destroying it in one other area because there again, you are rendering every one of these nonconforming because they wouldn't be able to do anything. If they wanted to make a small expansion, they would have to knock the house down to the current levels that are allowed and start over again. It does nothing for affordable housing. It does nothing for your halo zone, as far as moving people into the hamlets. You are eliminating the possibility of any of this happening. The main one that it eliminates is the second story conversion. That is where Mom and Pop came out, they have lived in Mineola all their lives, they have had their summer house down in Camp Mineola in Mattituck, they drive down there now and say all our friends are starting to come out here, they all put up second stories, they want to retire out here-they are in their 60's or 70's and they want to go on like that. Well, that is going to stop now. Because if you are seeing the houses down there, they have become rather large and they have become very close to each other but then again, that is what these people were used to where they came from. They don't seem to mind it. They are not the ones that are minding this. It is somebody else who drives through the area that says, hey, the whole town could go this way. Well, that is not true because not everywhere in the whole town is everybody on a 50 foot lot. So, I think that this is a little radical and extreme and let's do your re-working. Thank you. SUPERVISOR HORTON: Thank you, sir. Ms. Toll. Southold Town Board-Public Bearing 4 July 29, 2003 KATHY TOLL: Kathy Toll, Greenport. I don't know if it is intended or unintended result that may occur by restricting the building size as it does, is that it does effect affordable housing and it was I know a tradition of the generation before me that when their family grew, they moved on to larger homes and smaller homes and smaller apartments were occupied by starters. And perhaps what it does, is it keeps starter homes in that market at an affordable price and that is not a bad result of the loss similar to this. Although, the fine tuning it aga/n, I would leave to the experts. But I think that it does do something substantial in that you don't then have a small lot built out to an extent that it is no longer affordable. So it is a positive thing. SUPERVISOR HORTON: Thank you, Ms. Toll. Yes, sir. SANFORD HANAUER: Sanford Hanauer, again, Mattituck. I think that some thought should be given to cleating a lot from vegetation. Many times we see developers or builders cleating an entire lot of trees, laying it clear to the adjoining neighbors. So if there could be some thought given to that, size and caliber of trees that can't be knocked down to preserve some privacy to the adjoining properties. SUPERVISOR HORTON: Thank you. Mrs. Egan. JOAN EGAN: Yes, just an overall statement on all, first off, I don't know quite on the 5:25 one .... SUPERVISOR HORTON: We haven't had that public hearing yet .... MRS. EGAN: ...if you have had a survey, No, I am sorry... SUPERVISOR HORTON: Mrs. Egan .... MRS. EGAN: Joan Egan, East Marion. What I have to say is an overall statement on all of these things. It was a shame that Mr. Yakaboski couldn't answer a law question but nonetheless, the thing of it is that when you make these things, I have seen it in my own community where people did things, built homes, they violated the deed laws of our community and they did not get permission to do things from up here. I think that you create, when you make these laws that change what has been done and then you need to get to the Building Department and the Zoning Board and to the Assessors and blah, blah, blah. What happens is that the Code Enfomer, I have reported some of these things to the Ethics Committee, that things are gotten away with for one reason or another. I think that when you make these changes in the law, which certainly Mr. Penny and a lot of other people, Mr. Strang over there- know a great deal more than I know about architecture, heights and all of that but I think that what you are creating is a great, great big problem that people will maybe take care of the Code Enforcer or the Building Department or the this department to get away with murder. So be very, very careful that you don't create a greater problem that you will never, ever be able to solve. I will have more to say on other things. SUPERVISOR HORTON: Thank you, Mrs. Egan. Are there other comments on this public hearing? Mr. Dinizio. Southold Town Board-Public hearing 5 July 29, 2003 JIM D1NIZIO: Jim Dinizio, Greenport. Again, this one affects me, my house. And I purchased my house and I had two children and now they are probably 20 and 22, hopefully they will move away because they are not going to be able to afford to live here and one thing that struck me about the house when I pumhased it was that it was lopsided on the lot. It is a 100 X 110, which makes me go into the higher category but at the low end, it kind of ticks me off a little bit. And I found out from the person that I purchased the house from years later, that he did it that way that he could put a one-car garage on the other side, which I had hoped to do in the next couple of years and if this law goes into effect; I can't do it because number one, you can't increase the non-conformity. And my house is non- conforming. And there is no way around that. There is no variance that you can get for giving you a nonconformity, if you are nonconforming, you can't increase that. Okay? So, I am stuck now. So, maybe I will put it underneath. I will dig a hole and I will go underneath with it. Or I will go up-I don't know. Although, I can't go up because I am increasing the nonconformity, my house is nonconforming now if you pass all of these la,vs. And I suppose that what I am getting at is, all four of these are extremely confusing. In my mind, totally unnecessary. And if I can remember right, the heart of this had to do with a house that was built three feet off the property line. An extreme example, an extreme example by anybodies account and what I think that you are doing here is using a sledgehammer to kill a gnat. You know, you will do a lot of damage before you will ever get it. But you will get it. So, I would like for you to consider all four of them, reconsider them, my preference would be to through them out. But I mean, if you got to do something, consider what aggravated the situation and I know that that one was, I think that Mr. Brown had participated in that and we went through a lot of discussion on how the wind blows in certain areas and how the height of that building is going to affect the neighbor and he had studies from satellites and weather patterns and you know, all because the guy wanted to build a house that he was perfectly entitled to build. Of course, it was three feet from the property line and in all honesty, I wouldn't want that either. But ifI built my house 30 years ago and I applied to all of the codes and the standards of the Town and planned on doing additional and actually made the plan to put that garage there and now you are telling me that I can't do it, you know, I got to stop and think that there is probably a whole lot of other people out there that would have the same situation that I have. And I just want you all, if you are going to vote on this, to think about what would happen if you took Mr. Wickham's explanations of each one of these laws, proposed laws, and mailed them to everybody in the Town, what the reaction would be. I guarantee you, it wouldn't be pretty. And so, if you are going to vote on a law, think about that, think about what you are doing. You are changing 46 years, or I will say 40 years because the last 7 years have been hell, 40 years of consistent-sometimes a little outrageous, but mostly consistent laws concerning setbacks and lot coverage in this town. Thank you very much. SUPERVISOR HORTON: Thank you, sir. Mr. Strang, did you want to address the Board again? MR. STRANG: Yes, thank you for the opportunity. Garrett Strang. I would like to speak just for myself at this point. Two questions I have and one of them reflects what Mr. Dinizio just brought up with respect to pre-existing nonconforming residential structures that will be prohibited from doing this or as I mentioned before, going before the Zoning Board of Appeals. If the focus of this was for new construction only on substandard lots, it addresses an issue of concern, I think to everybody in town. By the same token, though, I think that there is a fair number of small lots with cottages on that people are looking to improve and they are being overdeveloped either by a builder or the owner or whatever but they are really not very well planned or thought out and executed and obviously has caused a lot of the concern that has been discussed here this evening. So, I think that somehow that Southold Town Board-Public hearing 6 July 29, 2003 issue has to be addressed as to what do we want to focus on and how do we want to focus on it and what the impact is going to be, as Mr. Penny said on preexisting nonconformities and how that will get dealt with. The other point that I would like to make is a personal issue and a professional issue is the implementation of this particular zoning ordinance or change to the zoning ordinance, at what date might it become effective and how, I am looking from the point of view, I have numerous projects in the design stages, various levels of design stage at this point for clients that they have expended a fair investment in time and professional fees to get where they are at this point and their projects may not have a building permit by the time that this law goes into effect and their projects may in fact, be impacted by this severely-where it is like, throw them up and start over again. How are we going to address that? Is there going to be a vehicle in which the design professionals in town or the developers or whoever can file with the Building Department early on before the implementation of this law that they have these projects and substantiate that they have these projects already in the design tube and not ready for execution by the time that this law is implemented and there be a grandfathering or a relief or something so that we are not impacting people in that regard. I think that that pretty much is where my concerns lie at the moment with respect to those issues. Last one, I don't know, I haven't seen any reference made to whether any of this proposed legislation is going to carry over to commercial structures or should it? That is something that I just throw out for consideration since we can have some substantially looking commercial structures built in town and should we address that also. So, I leave the Board with those thoughts and once again, thank you for your attention. SUPERVISOR HORTON: Thank you, Mr. Strang. Are there other comments for the Board on this public heating? (No response) Comments from the Board? (No response) We will close this heating. fl~Eliza%eth A. Nevi:¢ Southold Town Clerk 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 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Date: July 29, 2003 To: Elizabeth Neville, Town Clerk From: Re: Southold Town Planning Board Proposed Local Laws This memorandum is in response to your referral of July 18 requesting the Planning Board's recommendations on the following proposed local laws: A Proposed Local Law in Relation to the Height of Buildings of Residential Structures #1. The amended definition for Height of Building calls for the vertical distance to be measured from "the average elevation of the natural grade adjacent to the building, before any alteration or fill". In order to determine the natural grade, require the submission of a survey stamped by a licensed engineer in the State of New York and showing two-foot elevations within the property boundaries and within 50 to 100 feet of the boundaries. Require the review of this survey in the field by the Engineering Inspector to ensure accuracy. #2. Since the terms "vertical distance" and "natural grade" are not defined, there is some question as to whether the average elevation of the existing natural grade adjacent to the building is the average of the actual grade of the land at the precise location of the foundation footings prior to the laying of the foundation, or the average elevation of the entire site prior to preliminary clearing and regrading. Is the natural grade computed differently on a half acre lot than on a two acre lot? If the proposed structure has a below ground-level garage and basement how is the average grade computed? If a site is re-graded during preliminary land clearing prior to the issuance of a building permit, how will the average elevation be computed? Delete the wording "The Bulk Schedule for Residential Districts is amended as attached." The amended Bulk Schedule should distinguish between principal and accessory structures. A Proposed Local Law in relation to the Building Height Envelope in Residential Districts #1 The measurement points and the ratio itself should be defined or explained. For instance, the highest point of the principal structure may not be greater than the distance between the principal structure and the nearest property line. On lots seventy feet or less in width, the highest point of the principal structure may not be greater than one and a half times the distance between the principal structure and the nearest property line. #2 The amended law should explain how building height will be determined on corner lots. #3 A diagram should be provided in the text. The inclusion of diagrams into the zoning code to explain vertical clearance and ratios would be extremely helpful and eliminate confusion. A Proposed local law in relation to the setbacks of residential principal buildings on non-conforming lots. #1 The Planning Board supports the proposed amendments as it will result in the construction of more appropriately-sized residential structures on small lots. #2. The proposed amendments to the yard setbacks on non-conforming lots is intended to prevent the construction of over-sized dwellings on those lots. While the proposed increases in required setbacks are very minor - a matter of two to five feet for accessory buildings, they will help maintain the character of these neighborhoods. #3 As lot size increases, it may be necessary to reduce the maximum pement of lot coverage in order to prevent the construction of very large houses on large lots, e.g. farm parcels. (For example: Twenty percent lot coverage of a two acre lot permits sixteen thousand square feet of structure. A two hundred thousand square foot parcel (approximately five acres) could be covered by 40,000 square feet of structure.) A Proposed local law in relation to the size, height and setbacks for accessory buildings. #1. The proposed size limit on accessory structures of 660 square feet and 750 square feet is intended to discourage conversions of accessory structures such as garages to dwelling use. The proposed raising of the height from 18 to 22 feet seems to work against the intent of the amendment. Make all accessory buildings one story in height maximum. #2. The Building height Envelope law is designed to prevent overcrowding, loss of open space, separation and privacy between residences and overbuilding. Other issues that should be of vital concern to the Town are the assurance of fire safety and access to structures by fire-fighting equipment. Unless the property owners are required to keep minimum required side yards clear of all fences without gates and trees, it may be difficult for fire fighters to adequately fight a fire on a large structure with these minimal side yards. # 3. Also, this Town has not addressed the issue of encouraging more efficient use of energy through use of wind and solar power. The proposed setbacks should be reviewed to determine whether they will help or hinder the use of solar energy devices by property owners. Finally, while it is not clear if the proposed wording of this legislation goes far enough towards accomplishing the intent of protecting the character of existing neighborhoods, the Planning Board strongly supports the adoption of the proposed amendments as a first step. Stronger provisions can be enacted at a future date if the proposed amendments proved insufficient. Martin Sidor abstained from the issuance of these recommendations. COUN-D' OF SUFFOLk~cEiVED ROBERT d. GAFFN[Y SUFFOLK COUNt' EXECUTIVE 8 2O03 Town Cleft July 21, 2003 TNOMA~ ISLE~, AICP DIRECTOR OF PLANNING Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Amendment to Section 100-34 of the Town Zoning Code. Public Hearing Date: 7/29/03 S.C.P.D. FileNo.: SD-03-9 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 cotmty-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 RE: PUBLIC EARINGSON 7/29/03 5:00PM; 5PM; 5:10PM; & 5:15PM Penny,Lumber HO1WF. & FLOORING CENTERS RECEIVED JUL 2 8 GREENPORT LOCATION and MAIN BUSINESS OFFICE Box 2067 Main Road Greenpori, NY 11944 (631) 477-0400 MATTITUCK LOCATION Box 1440 Mattituck, NY 11952 (631) 298-8559 FLOORING CENTER (631) 298-4506 %utholrl Town Cleft Southold Town Board Southold Town Hall Ma'm 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 arc 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 moms 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 Board of the Town of Southold, Suftblk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in rela- tion to the Building Hei~,ht Envelope in Residential Districts" and NOTICE IS HEREBY FUR- TI{ER 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 ~]~e 29th day of July 2003 at 5:15 i~.m. at which time all intereste~pe~son~ will be iven an opportmaity to be The proposed local law enti- tled, "A LoeaIJ. aw in relation to the Building Height Envelope in Residential DIstrict~" reads as follows: LOCAl. L AW _~ )..~ _,?,.0_0~ A Local Law, entitled "A Local Law in relation ~ the Building Height Envelope in Residential Districts", BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. Purpose- The purpose of this law is to prevent over- crowding, loss of open space, and overbuilding on lots, and to ~rovide separatmn and privacy etween residences. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: 8100-34. Building Height ~1 buildinus on lots within the R-80. R-120. R-200 and R-400 districts shall be set hack from all property lines so that the height of any point of the building shallnot exceed the horizontal dislance between the nearest property line and the cJoses 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 1:1½. B. Notwithstanding any pro- visions to the contrary, the max- imum heinht limit for all build- ings shall not exceed the maxi- mum in the bulk schedule. $100-30A-5. Buildina Height A. All buildings on lots within the R-40 district 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 1:1½. B. Notwithstandiqg anv pro- visions to the contrary, the max- imum height limit for all build- ings shall not exceed the maxi- mum in the bulk schedule. 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 deletiom See Legals next pagel~ 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 Southold, in Suftblk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ...... ./.....week[g}' ~pccessively, comm?nqing ~*n the ...... ./.~./.. ..... da>, of ......... '- .[ ,¢. . ...... 2003. · (,,,, :/ Swo,rn~,to ]ve~re me this../ff.'./...day of ..... :003. ~ Notary Public Emily IlamiB NOTARY PUBIA(, State of New Mwk No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 22A ~ Traveler Watchman ~ T from preceding page 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 1X 7/17/03 (827) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAi%RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork .net. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 2003 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation to the Height of Buildings of Residential Structures; (2) A Local Law in relation to the Setbacks of Residential Principal Buildings on Non- Conforming Lots; (3) A Local Law in relation to the Size, Height; and Setbacks for Accessory Buildings; (4) A Local Law in relation to the Height of Buildings of Residential Structures; (5) A Local law in relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decision on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use permits and Site Plans containing Dwelling Urdt(s) in the Town of Southold. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed amendmems 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 ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR 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 Oflowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Oflowski: Transmitted are the following proposed Local Laws for your review and comment: (1) A Local Law in relation W 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 relat/on 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 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 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 Buildin~ Hei~,ht Envelope 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 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 Buildina 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 law 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. Buildin~ 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 prol~ert¥ 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; exce!at that on lots with a ~vidth of 70 feet or less, the ratio shall be increased to 1:1 V2. B. Notwithstanding any provisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. { 100-30A.5. Building Height Envelope A. All buildings on lots within the R-40 district 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 l~ropertv 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 l:1 V2. B. Notwithstanding any provisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 8, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 17, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Attorney Planning Board John Cushman Town Board Members Building Department Zoning Board of Appeals Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of.thea jT°wn of Southold, New York being duly sworn, says that on the [_~ day of ~,~-Jo~ ,2003, she affixed a notice of which the annexed printed notice is a~tme" "~/~py, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing: A Local Law in relation to the Buildine Heieht Envelope in Residential Districts beth A. Neville( Southold Town Clerk SIw~m dbaeyfCor; m~ ,2003. LYNDA M. BOHN NQTAItY PUBLIC, State of New York No. 01 BO6020932 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. 423 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, Suffblk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Buildin~ Height Envelope in Residential Districts" 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 5:15 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 Buildin~ Heil!ht 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 law is to prevent overcrowding, loss of open space, and overbuilding on lots, and to provide separation and privacy between residences. Il.Chapter 100 of the Zoning Code of the To~vn of Southold is hereby amended as follows: { 100-34. Buildin~ 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 proeertv 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 ½. B. Notwithstanding any provisions to the contrary, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. { 100-30A.5. Building Height Envelope A. All buildings on lots within the R-40 district 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 ½. B. Notwithstanding 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. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk