HomeMy WebLinkAboutLL 2004 #13#7044
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
2 weeks successively, commencing on the
22nd day of July ,2004.
Principal Clerk
Sworn to before me this
2004
Notice of Adoption of Local Law No. 13 of 2004
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01-VO6105050
Quallflecl In Suffolk County
Commission Explrel February 28, 200B
July 22. 2004 · The Suffolk T,mes · 4¶
tull
LEGALS...
parmcr i~ available t'rt,m die SSN~.
40 · The Suffolk Times · July 22, 2004
AFFORDABLE HOUSING
§ 100-53. Use regulations.
In Ihe AHD District. no building or premises shall be u~ed and no building or pan
July 22
AFFORDABLE HOUSING...
See Affordable housing,
2, 2004
JSING...
ei~e~ an applic,aion fur u building pemut
IA. RD OF THE I'OWN OF SOUTHOLD.
I )F SUFFOLK. STATE OF NEW YORK
Elizabeth A. Nevifle
qOTICE
rk. · n tile ~7th of Jul), -004 at 5:-0 p.m.
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LEG.%I. NC )TIUE
M.VFI'I~[U£ K PARK DISTRICT
NOTICE I)F BI[[DGET %I)TE
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NO1 ICE OE PUBLIC HEARING
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Major and Minor Subdivisions. and
LEG %1. NO I'ICE
mg USED EQUIPMENT m "as
DESCRIP'I ION: Moore
LEI;AL NOTICE
NOTICE TO RIDDERS
M.% I'TI FLJCK-CLT I'C HOG U E
LJNH)N EREE SCHOOl. DIS-
rFRIC1
SUFEOLK COUNT~, NE%% ~()RK
OEORGE E PATAKI
STATE OF NEW YORK
DEPARTMENT OF .~TATE
4 I STATE STREET
ALBANY, NY 122>3 I 000 I
July 19, 2004
RANDY A. DANIELS
Elizabeth A Neville
Southhold town Clerk
Town Hall 53095 Main Road
Southold NY 11971
RE: Town of Southold, Local Law 13, 2004 filed on July 15, 2004
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(5'18) 474-2755
NEW YORK STATE DEP.XRYMENI' OF STATE
Local Law Filin,
(Use this form to file a local law with the Secretary of State.)
Text or' law should be gixen as ainended. Do not include matter being eliminated and dc, not use
italics or nnderlining to iodicate new nmtter.
City
Town of
SOUTHOLD
LOCAL LAW NO. 13 of 2004
A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of the Town of
Southold
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
SECTION I. PURPOSE.
The purpose of this Local Law is to clarify the procedures and provide tbr certain incentives tbr an applicant
seeking a change of zone to Affordable Housing District (AHD). The amendment will allow accessory
apartments in the zone, which will create more affordable housing opportunities and help purchasers offset the
expenses of housing. Further, the amendment includes provisions tbr covenants and restrictions that will ensure
perpetual affordability of all homes within the district. The amendments set forth in this Local Law apply only
to development in an AHD District after June 1. 2004.
SECTION 2. CODE AMF, NDMENT.
Chapter 100 of the Town Code of the Town of Southold is amended as follows
ARTICLE V, Affurdable [lousing (AHD) District
§ 100-50. Purpose.
The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the
town tbr the development of high-density housing for tSmilies of moderate income; and further, to do so with
sensitivity to the historic and aesthetic character of the Town's existing neighborhoods. Towards that end, the
Planning Board shall have the authority to amend certain setback and other specifications in order to ensure cost
efficiencies and design that furthers the Town's goals of providing quality workforce housing. Homes located
within the Afibrdable Housing District are intended to be affordable in perpetuity. The amendments set forth in
Local law #13 of 2004 apply only to development in an AHD District after June I, 2004.
§ 100-5 I. Definitions.
For the purpose of this Article, the lbllowing terms, phrases and words shall have the following meanings:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS 23u~Rc~ Il ~ (l)
CONSUMER PRICE iNDEX -- The consumer price index as published by the United States Department of
Labor, Bureau of Labor Statistics, tbr the New York Metropolitan area.
CONVEYANCE -- The transfer or lransfers of any interest in real property by any method, including but ,lot
limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option,
trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or
acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the
tbregoing, conveyance of real property shall ,lot include a conveyance made pursuant to devise, bequest or
inheritance; tile creation, modification, extension, spreading, severance, consolidation, assignment, transfer,
release or satisfactiun of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or
an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article
or the Internal Revenue Code.
MODERATE-INCOME FAMILY -- A family registered with the Town of Southold Housing Registry whose
aggregate annual income, including the total of all cun'ent annual income of all thmily members [excluding the
earnings of working thmily members under age eighteen (18)] from any source whatsoever at the time of
application for the purchase or lease of an aflbrdable housing unit or the purchase of an unimproved affordable
lot, does not exceed 120% of the HUD median income for the County of Suffolk.
MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved tbr rent or sale to a
moderate-income family and tbr which the maximum monthly rent (excluding utilities) or the maximum initial
sales price does not exceed the maximum rent or maximum sales price set tbrth in § 100-56E hereot~ [Amended
12-22-1992 by L.L. No. 34-1992]
MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale to a tnoderate-
income family and tbr which the maximum initial sales price, does not exceed the maximum sales price set
tbrth in § 100-56E hereofi Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot
on a filed map, inclusive of all utilities brought to the property line. [Amended 12-22-1992 by L.L. No. 34-
1992]
PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income family dwelling
unit which cannot be removed and which provides value to the property above and beyond repairs clone to
maintain the property in good condition. A permanent fixed improvement must be approved in advance of
construction or installation in writing by the Special Projects Coordinator.
SPECIAL PROJECTS COORDINATOR: Employee of the Town who is responsible for the deveh)pment,
imple~nentation and coordination of the }lousing Registry and affordable housing initiatives for the Town of
Southold.
§ 100-52. Applicability.
AHD Districts shall be established by tile Town Board on parcels of land that have been identitied through the
accepted principles of Smart Growth planning as being appropriate aud desirable locations for affordable
housing. Such locations include, but are not limited to: land within Hamlet Locus Zones, as may be determined
by the Town Board: land within walking distance of services, shops, schools, and public transportation; land
that adjoins existing centers of business and residential development (as opposed to land adjoining fam~ and
open fields): and other locations where the project has been shown to meet a demonstrable need. AHD Districts
2
shall be desigI~ated by' Town Boa solution after a public bearing thereo~£ upon ten ( I 0) days' notice thereof
by publication in the official town newspapers.
§ 100-53. Use regmlations.
In the AHD District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed tn be used, in wbole or in part, tbr any use except the
tbllowing:
A. Pemfitted uses.
( 1 ) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be leased
one time by the owner tbr a period not greater than two (2) years with written approval of the Special Projects
Coordinator.
(2) Two-t~amily dwellings which shall be occupied by the owner of the dwelling, or may be leased one tiine
by the owner for a period not greater than two (2) years with written approval of the Special Projects
Coordinator.
(3) Muhiple Dwellings.
(4) Row or Attached Dwellings
(5)
Apartments are permitted within the principal building only, subject to the following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal
residence. The other dwelling unit shall be leased for year round occupancy to an eligible person as
defined by this legislation and as evidenced by a written lease for a term of one or more years.
(c) The apartment shall contain not less than three hundred and fifty square feet and shall not exceed a
square footage equal to one half the total enclosed square footage of the principal dwelling and shall not
contain more than one bathroom.
(d) A minimum of one oil'-street parking space shall be provided.
(e) Not more than one accessory apart~nent shall be provided per single family dwelling.
(1) Not more than fitly percent (50%) of homes in an approved AHD shall have accessory apartments.
B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31 C(1), (2), (3), (4), (6) and (7) of this
chapter.
§ 100-54. Bulk. area and parking regulations.
A. No building or premises shall be used and no building or part thereof shall be erected or ahered in the AHD
District unless the same contbrms to the following Bulk. Area and Parking Schedule:
BULK, AREA AND PARKING SCHEDULE
Minimum Single-Family Two-Family Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area (square feet) 10,000
Lot width (feet) $0
Lot depth (feet) 100
Front yard (feet) 35
1 side yard (feet) 15
Both side yards (feet) 25
20,000 40,01)0
100 150
140 200
35 45
15 2O
30 40
3
Rear yard (fret) 35
Livable floor area 850
(square feet per dwelling)
Off:street parking spaces 2
(per dwelling)
Land area (square feet) 10,000
per dwelling unit)
Lot coverage (percent) 20%
Building height 35
Number of stories 2
35 45
600 600
10,000 10.000
25% 25%
35 35
2 ~5 2 ~:
B. The Planning Board shall have the authority to reduce or amend yard setback requiremcnts, lot dimension
requirements and highway specifications. In making this decision, the Planning Board shall take into
consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of
the neighborhood or comnmnity. In making such determination, the Planning Board shall also consider; (1)
whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby
properties will be created by the granting of the amendment; (2) whether tile benefit sought by the applicant can
be achieved by some method, feasible for tile applicant to pursue, other than the sought variance; (3) whether
the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions itl the neighborhood or district; and (5) whether the alleged difficulty was
self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment
or variance. This provision supercedes and amends New York State Town Law §267, 267-a, b and c. insofar as
these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications
shall meet with the approval of the Highway Superintendent.
§ 100-55. Application procedure.
A. Application and Fees. The application l:br rezoning shall be filed with the Town Clerk, irt a fonn
approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning
application shall be set by resolution of the Town Board.
B. Application procedure. The procedure for approval of any future development in a proposed AHD
District shall involve a three-stage review process as follows:
( I ) Approval by the Town Board of a preliminary development concept plan.
(2) Approval of the final, detailed subdivision plat by the Planning Board.*
(3) The zoning reclassification by the Town Board ora specific parcel or parcels of land for developtnent in
accordance with that plan.*
*NOTE: The town shall, in all instances, process Subsection B(2) and (3) above concurrently so as to enable the
municipality to utilize a single SEQRA process and conduct a coordinated review of the entire application.
C. Refrrral to Planning Board. Upon the receipt of a properly completed application for tile establishment
of a new AHD District, one ( 1 ) copy of the application shall be referred to the Plamfing Board fi)r its review and
report, and one (1) copy shall be refrrred to the Suftblk County Planning Commission tbr its review and
recommendation, if required by the pro~ isions of the Suflblk County Charter. Within sixty (60) dass from the
date of the Planning Board meeting at which such refemd is received, the Planning Board shall report its
recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning
Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period
may be extended by mutual consent of the Planning Board and the applicant.
Planning Board report. The Planning Board, in its report to tile Town Board, may recommend either
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approval of the application for the esmblistu-nent of the AHD District, with or x~,ithout modifications, or
disapproval of said application. In the event that the Planning Board recommends disapproval of said
application, it shall state in its report the reasons for such disapproval. In preparing its report and
recommendations, the Planning Board shall give consideration to the Town Comprehensive Plan, the existing
and permitted land uses in the area, the relationship of the proposed design and location of buildings on the site,
traffic circulatioo, both on and off the site, the adequacy and availability of community facilities and utilities,
including public water and public sewer systems, to service the proposed development, compliance of the
proposed development with the standards and requirements of this Article, the then-current need for such
housing and such other factors as may be related to the purposes of this Article.
E. Town Board public hearing. Within forty-five (45) days fi'om the date of the Town Board's receipt of the
Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever
first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHD District on the
property described in the application. Such hearing shall be held upon the same notice as required by law
amendments to the Town Zoning Map and/or Zoning Code.
F. Town Board action.
( l ) Within lbrty-five (45) days after the date of the close of the public hearing, the Town Board shall act
either to approve, approve with modifications or disapprove the preliminary development concept plan and the
approval or disapproval of the establishment of the AHD District applied Ibr. Approval or approval with
modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed
development in accordance with such concept plan and the procedures and requirements of this Article. A copy
of the Town Board's detemfination shall be filed ~vith the Planning Board and a cop}' mailed to the applicant. A
copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new
AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly.
(2) Revocation: extension.
(a) Upon request to the Town Board on notice to the applicant and lbr good
cause shown, the establishment of an AHD District may be revoked
eighteen (l 8) months after said Town Board approval thereof if work on
the site has not commenced or the same is not being prosecuted to
conclusion with reasonable diligence.
(b) The Town Board, upon request of the applicant and upon good cause
being shown, may, in the exercise of its discretion, extend the above time
period. In the event of the revocation of approval as herein provided, the
AHD District shall be deemed revoked, and the zoning classification of
the property affected thereby shall revert to the zoning classification that
existed on the property immediately prior to the establishment of the AHD
District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended
accordingly.
G. Subdivision plat approval by the Planning Board.
(1) No earthwork, site work, land clearing, construction or development activities shall take place on any
property within an AHD District except in accordance with a site plan approved by the Planniag Board in
accordance with the provisions of this Article and in accordance with the procedures and standards tbr site plan
approval as set tbrth in Article XXV of this chapter.
(2) Where a proposed development involves the subdivision or re-subdivision of lan& no development shall
proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions
of Chapter A 106, Subdivision of Land, of the Town Code.
100-56. General regulations and requirements.
A. The Town Board shall reqmre the recording of covenants and restrictTons that shall apply to all real
property within the AHD District. The covenants and restrictions shall contain terms and conditions as the
Town Board and Planning Board deem necessary to insure the property is used tbr purposes cousistent with the
purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the
Town Attorney. The covenants and restrictions shall include the Irbllowing:
All owner of ail improved or unimproved parcel of property within tile AHD District shall, at
least thirty (30} days prior to entering into an agreement or contract to convey the parcel, provide
a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to
enter into tile contract. The Town Clerk shall/brward a copy of the owner's notice of intent and
the proposed contract to the Town Board and Special Projects Coordinator. Within twenty (20)
days of receipt of tile owner's notice of intention, the Town shall notify tile owner in writing as
to whether or not the terms of the sale comply with the provisions of this Chapter relating to the
resale of AHD parcels.
2. That an improved or unimproved parcel of property within the AHD District shall not be
conveyed without written approval of tile Southold Town Board.
3. The leasing of an improved or unimproved parcel of property or portion thereof shall be by
written lease.
An owner of an improved or unimproved parcel of property within the AHD District shall, at
least fourteen (14) days prior to entering into a lease witb regard to said parcel, provide a copy of
the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the
lease. The Town Clerk shall forward a cop5' of the owner's notice of intent and the proposed
lease to the Town Board and to the Special Projects Coordinator. Within seven (7) days of
receipt of the owner's notice of intention, tile Town shall notify, the owner in writing as to
whether or not the terms of the lease comply with the provisions of this Chapter relating to the
leasing of AHD parcels.
5. An owner of an improved or unimproved parcel of property within the AHD District shall not
lease the property without obtaining the written approval fi'oln the Town of Southold.
C. Provision tbr moderate-income thmily dwelling units and unimproved lots.
(l) On land within an AHD District each &veiling unit and/or unimproved lot located therem shall be
reserved tbr sale or lease to moderate income families registered with the Town of Southold Housing Registry.
At least fifty percent (50%) of available homes shall be offered tbr sale or lease to eligible applicants whose
income does not exceed eighty percent (80%) of the HUD median income l:br the County of Suffolk.
D. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be resen'ed for
moderate-income t'amilies who do not have any ownership interest in arty other residence or vacant lot. The net
worth of an applicant (individual or family) shall not exceed twenty- five (25%) percent of the purchase price of
a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery
system will be administered by the Special Projects Coordinator within each gu'oup in a tbnnula acceptable to
the Town Board. Tile priority groups are as tbllows:
(l) Income eligible individuals or families who have lived and worked in the Town of Southold for a period
of at least one ( 1 ) year prior to the submission of their application.
(2) lnco~ne eligible individuals or fhmilies who have Iived in tile Town of Southold lbr a period of at least
one ( I ) year prior to the submission of their application.
-0
least one ( 1 ) year prior to tile submission of their application.
(4) Income eligible indMduals/families who previously lived for a minimum of one ( 1 ) year in the Town of
Southold and wish to return.
(5) To all other eligible applicants.
E. Thc initial maximum sales price and maximuln allowable monthly rent shall be set by resolution of the
Town Board. as amended from time to time.
F. Resale price of dwelling units and unimproved lots.
(1) Dwelling units in an AHD District reserved tbr moderate-income thmilies must be resold to moderate-
income families who are registered with the Special Projects Coordinator as eligible and in need of housing. In
ail effort to ensure perpetual aftbrdability, the maximum resale price shall not exceed the purchase price plus the
cost of permanent fixed improvements, adjusted for the increase in the consumer price index during tbe period
of ownership of such dwelling unit and such capital improvements plus reasonable and necessary resale
expenses. All capital ilnprovements require the approval of the Special Projects Coordinator who will submit
such improvements to the Housing Advisory Commission for determination off a) whether the capital
improvement is warranted and b) if warranted, the value of appreciation to the property at time of improvement
and c) the value (if any) upon resale. The Housing Advisory Commission will provide quarterly reports to the
Town Board pertaining to AHD provisions (i.e. sales, resales, capital improvements, etc).
(2) Unimproved lots in an AHD District reset'ed for registered moderate-income lhmilies must be resold to
moderate-income families. The maximum resale price shall not exceed the purchase price of such lot adjusted
tbr the change in the consulner price index for the period during which such lot was owned by the resale seller,
plus reasonable and necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved for lnoderate-income thlnilies is improved with a
dwelling unit, the maximum resale price shall be determined in the manner specified in § 100-56F( l ) hereof.
G. The pricing structure tbr rental properties must not exceed the rent limits as established by the Suffolk
County Aflbrdable Housing Opportunities Program. The Town Board may, at its discretiom ~mpose restrictions
regarding rentals.
§ 100-57. Administration.
A. General duties of Special Projects Coordinator.
(1) The Special Projects Coordinator shall be responsible for the administration of dwelling units and
unimproved lots resetx'ed tbr moderate-income families in all AHD Districts pursuant to the provisions of this
Article.
(2) The Special Projects Coordinator shall promulgate and maintain intbrmation and documentation of all
dwelling units and unimproved lots reserved tbr moderate-income families in all AHD Districts: the number
thereof available tbr sale or lease at all times; the sales prices and monthly rent tbr such dwelling units and lots;
and the names and addresses of eligible thmilies desiring to purcbase or lease the same, together with a priority
list of such families. The Special Projects Coordinator shall maintain such other records and documents as shall
be required to properly adlninister the provisions of this Article.
B. [nteragency cooperation.
(1) Whenever the Town Board approves tile establishment of an AHD District, a copy of such determination
shall be filed with the Building Inspector and the Special Projects Coordinator, together with a copy of any
agreements and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an
AHD District, a copy thereof shall be filed with the Building Inspector and the Special Projects Coordinator,
together with copies of any agreements and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other
7
t 'vii unimproved lots locd'f'~d in an AHD District and reserved
permit or authorization affec lng dwe lng units and/or
tbr sale or lease to moderate-income ~hmilies, a copy thereof shall be filed with the Special Projects
Coordinator.
C. Procedure.
(l) Whenever the Building Inspector receives au application tbr a building permit or a certificate of
occupancy tbr a dwelling unit or unimproved lot located in an AHD District and reselw'ed for sale or lease to
moderate-income thmilies, the Building [ospector shall file a copy thereof with the Special Projects
Coordinator, who shall inlbnn tile owner and:'or person filing such application of the maximum sales price or
monthly rent for such dwelling unit or lot as well as eligibility requirements lbr i-brailles seeking to purchase or
lease such dwelling units or lots.
(2) No building permit or certificate of occupancy may be issued by the Building Inspector until the Special
Projects Coordinator has supplied the Building Inspector with the intbrmation provided for in the preceding
subsection and the Building Inspector determines that the issuance of the building pemfit or certificate of
occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot io violation of
the provisions of this Article.
(3) Tile Special Projects Coordinator shall certify the eligibility of all applicants tbr lease or purchase of
dwelling milts and unimproved lots reserved for moderate-income families. An owner of dwelling units and
unimproved lots in an AHD District which are resen,ed for sale or lease to moderate-income 'thmilies shall not
sell or lease the same to any person who does not possess a certificate of eligdbility issued by the Special
Projects Coordinator. A violation of the provisions of this subsection shall constitute grounds lbr the revocation
of a certificate of occupancy.
(4) On or before March 31 of each year, the Special Projects Coordinator shall notify the owner or manager
of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price
and income eligibility requirements for such units and lots based upon data derived from the preceding year.
(5) Tile owner or manager of dwelling units and unimproved lots reserved for moderate-income fmnilies
shall certify in writing to the Special Projects Coordinator on or beIbre May 31 of each year, lhat the sale and/or
lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town
(?ode.
(6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such
unit shall not exceed a term of two (2) years.
(7) An applicant lbr a certificate of eligibility aggrieved by any determination of the Special Projects
Coordinator shall have the right to appeal such determinatioo to the Town Board at its next regularly scheduled
work session or to any standing committee of the Town Board desigmated by resolution to hear such appeals.
[Added 12-28-1990 by L.L. No. 31-1990]
(8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD
District nmst be first approved by action of the Town Board. [Added 12-22-1992 by L.L. No. 34-1992]
sS 11)0-58. Applicability of other Code pro,,isions.
All of the provisions of the Code of the Town of Southold not inconsistent or in cooflict with the provisions of
Ibis Article shall be applicable in the AHD District.
sS 11)0-59. Penalties tbr offenses. [Added 12-22-1992 by L.L. No. 34-1992]
Any violation of any provision of this Article shall be punishable in the tbllowing manner:
A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five thousand
dollars ($5,000.).
B. Second offense and tbr an)' offense thereafter: by a title of not less than five thousand dollars ($5,000.)
and not more thao ten thousand dollars ($10,000.) for each ofl-bnse.
C. Any offense uoder this Article may be punishable by revocation of an existing Certificate of Occupancy.
8
D. An5' individual who has v ed Covenants and Restrictions impo ursuant to this Article shall be
prohibited fi'om further participation in ownership opportunities and benefits within an approved AHD District.
(Complete the certification in the paragraph that applies to the filing of this local last and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certi~, that thc local lax*,' annexed hereto, designated as local law No. 13 of 20 04 . of the
fCaa:;ty~C2y)(Town) 0?!l!ag:,) of SOUTHOLD was duly passed by tile
TOWN BOARD on June 29 ,20 04 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officere.)
I hereby certify that the local law mmexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of *,*,'as duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and *,*,'as deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.
[ hereby certify that the local law anoexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of *,*,'as duly passed by the
on 20 , and ',*,'as (approved)(not approved)l repassed after
disapproval) by the on 20 . Such local law was subnfitted
to the people by reason ora (maudatory)(pennissive) referendmn, and received the affirmative vote of a majority of
tile qualified electors voting thereon at lhe (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition ~sas filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the
(Couuty}(City)(Town)(Village) of*,vas duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
pen'uissive referendmn aud no valid pelitiou requesting such referendum was filed as of 20 , in
accordance with the applicable pro*, isions of law.
* Elective Chief Executive Officer meats or Includes the chief executive officer of a county elected on a cotmty- wide
basis or, If there be none. the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to appro,,e or veto local laws or ordinances.
9
(2)
5. (CID' local law coucerning Charter revisiou proposed by petition.)
I hereby ce~lil3' that the local taw atmexed hereto, designated as local law No. of 20
of the CiD of having been submitted to referendum pursuant to the pro,, isions of
section (36l(37) of the Municipal Home Rule Law, and having received the affinrtative vote ora majority c~fthe qualified
electors of such city '.oting thereon at the (speciaB(general) elecfion hekl on 20 __
became operative.
6. (Connty local law concerning adoption of Charter.)
I hereby certify that tile local law annexed hereto, designated as local law No of 20
of the County of State of New York, haviog been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule [,ax,.,, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
[ t'urther certit~' that I have compared tile preceding local law with the original oo file in this office anti that the same is a
correct transcript therefrom and of the whole of such original local law. and was finally adopted in the mamler indicated
in paragraph 1 , above.
or officer de~qgnated by local legislati~ ?c b~n~ °r
Elizabeth A. Neville, To,~n Clerk
(Seal) Date: July 12, 2004
(Certification to be executed by County Attorney, Corporation Counsel Town Attorney, Village Attorney or
other authorized attorney of locally'.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
L the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper prc.ceedings
have been had or taken tbr the enactnlent of the local law a~)/~xed hereto.
C/ty
Town of
SOUTHOLD
10
Date: 2004
(3)
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS M.~NAGEMENT OFFICER
FREEDOM OF INFOR~LATION OFFICER
Toxvn Hail, 53095 Main Road
P.O. Box 1179
Southold New York 11971
Fax ~63lJ 765-6145
Telephorte, 631) 765-1800
sout holdt own.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 520 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 29, 2004:
WIIEREAS there was presented to the Town Board of the Town of Southold, Suffolk County.
New York. on the 15th day of June, 2004 a Local Law entitled "A Local Law in relation to
Amendments to the Affordable Housing District (AHD) in the Code of the Town of
Southold', and
WHEREAS the Town Board of the Town of Southold held a public bearing on the aforesaid
Local Law at which time all interested persons were heard, now therefor bc it
RESOLVED that the TowR Board of the Town of Southold hereby enacts the follo*ving Local
Law:
A Local Law entitled "A Local Law in relation to Amendments to the Affordable Housing
District (AHD) in the Code of the Town of Southold" reads as t'ollows:
LOCAL LAW NO. [..~ of 2004
A Local Law in relation to Amendments to the .Affordable Housing District (AHD) in the Code
of the Town of Sonthold
BE IT ENACTED BY THE TOWN BOARD OF THE TOBrN OF SOUTHOLD AS
FOLLOWS:
SECTION 1. PURPOSE.
Tile pm'pose of this Local Law is to claril3, the procedures and provide for certain incentives for
an applicant seeking a change of zone to Affordable Housing District (AHD). The amendment
will allow accessory apartments in the zone, which will create more affordable housing
opportunities and help purchasers offset tile expenses of housing. Further, the amendment
includes provisions for covenants and restrictions that will ensure perpetual affordability o fall
homes within the district. The amendments set forth in this Local Law apply only to
development itl an AHD District after Jnne I, 2004.
SECTION 2. CODE AMENDMENT.
Chapter 100 of the Town Code of the Town of Southold is amended as follows
ARTICLE V, Affordable Housing (AHD) District
§ 100-50. Purpose.
The purpose of the Affordable Housing (AHD) District is to provide the opportunity within
certain areas of the town for the development of high-density housing for families of moderate
income; and further, to do so with sensitMtv to tile historic and aesthetic character of the Town's
existing neighborhoods. Towards that end, the Plalming Board shall have the authority to amend
certain setback and other specifications in order to ensure cost efficiencies and desitin that
furthers the Town's goals of providine; quality workforce housing. Homes located within the
Affordable Housing District are intended to be affordable in perpetuity.
§ 100-51. Definitions.
For the purpose of this Article, the following terms, phrases and words shall have the following
meanings:
CONSUMER PRICE INDEX -- The consumer price index as published by the United States
Department of Labor, Bureau of Labor Statistics, for tile New York Metropolitan area.
CONVEYANCE -- The transfer or transfers of any interest in real property by any method,
including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer
in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon
liquidation or by a receiver, or transfer or acquisition ora controlling interest in any entity with
an interest itl real property. Notwithstanding the foregoing, conveyance of real property shall not
include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification,
extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction ora
mortgage; a mortgage subordination agreement, a mortgage severance agreement or an
instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to
this article or the lntemal Revenue Code.
MODERATE-INCOME FAMILY -- A family registered with the Town of Southold Housing
Remstry whose ag~cgate am~ual income, including the total of all current annual income of all
family members [excluding the earnings of working family members under age eighteen
( 18}twenty ant (21)] from any source whatsoever at the time of application for the purchase or
lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not
exceed 120% of the HUD median income for the County of Suffolk. ' ' .
MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or
sale to a moderate-income family and for which the maxinmm monthly rent (excluding utilities)
or the maximum initial sales price does not exceed the maximum rent or maximum sales price
set forth ill § 100-56E hereof, r .......... , ~, ,~ ...... ~ ...... *'o~:.~ a..=.; ...... :~ ~. ......... a.,~
~ C~ .... I,~ 1^~- I: ...... h~ .4..~Tl:.,o 1, ..... [Am by L 1992]
sam ..................................~ ....... ended 12-22-1992 .L. No. 34-
MODERATE-INCOIME FAMILY UNIMPROVED LOT -- .An unimproved lot reserved for sale
to a moderate-income family and tbr which the maximum initial sales price, ' ''
sales price set torth in § 100-$6E hereof. Said "unimproved lot" shall mean a vacant parcel of
real property designated as a lot on a filed map, inclusive of all utilities brought to the property
line. [Adnended 12-22-1992 by L.L. No. 34-1992]
PERMANENT FIXED IMPROVEMENT -- An ilnprovement to a lot or a moderate-income
family dwelling unit which calmot be removed and which provides value to the property above
and beyond repairs done to maintain the property in good condition. A permanent fixed
improvement must be approved in advance of construction or installation in writing by the
ecial Pro ects Coordinator ............................
SPECIAL PROJECTS COORDINATOR: Employee of the Town who is responsible for the
development, implementatioo and coordination of the Housing Registry and affordable housing
initiatives for the Town o f So uthold..
§ 100-52. Applicability.
Al-ID Districts shall be established by the Town Board-vv,,-~,,-,,,"~n""';^" ,~,., ~,~,,,,. 'r, ,~.. ,, ..... ,-'~-,'-,,°""n v",.'~", ...........
...... v ....................... ~, ....... , on parce s o an ,,~,.~, .......................... ..,
that have been identified through the accepted principles of Smart Growth planning as bein,o
appropriate and desirable locations for affordable housina. Such locations include, but are not
limited to: land within Hamlet Locus Zones, as may be determined by the Town Board; land
within walking distance of setwices, shops, schools, and public transportation; land that adjoins
existina centers of business and residential development (as opposed to land adjoining fam~ and
open fields); and other locations where the project has been shown to meet a demonstrable need.
.M-ID Districts shall
D. Land in ................... hall be designated by Town Board resolution after a public
hearing thereon, upon ten (10) days' notice thereof by publication in the official town
newspapers.
§ 100-53. Use regulations.
In the AHD District, no building or premises shall be used and no building or part of a building
shall be erected or altered wbich is atTanged, intended or designed to be used, in whole or in part,
for any use except the following:
A. Pernfitted uses.
( 1 ) One-family detached dwelling which shall be occupied by the owner of tbe dwelling, or
may be leased one time by the owner for a period not greater than two (2) years with written
approval of the Special Projects Coordinator.
(2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be
leased one time by the owner for a period not greater than two (2) years with written approval of
the Special Projects Coordinator.
(3) Multiple Dwellings,
(4) Row or Attached Dwellings
(5) Apartments are pemfitted within the principal building only, subject to the following
requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's
principal residence. The other dwelling unit shall be leased for year round occupancy to
an eligible person as defined by this legislation and as evidenced by a written lease for a
term of one or more years.
(c) The apartment shall contain not less than three hnndred and fifty square feet and shall not
exceed a square footage equal to one half the total enclosed square footage of the
principal dwelling and sball not contain more than one bathroom.
(d) A minimum of one off-street parking space shall be provided.
(e) Not more than one accessoD' apartment shall be provided per single family dwelling.
(f) Not more than fifty percent (50%) of homes in an approved AHD shall have accessotx
apartnlents.
B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(l), (2), (:3), (4), (6)
and (7) of this cbapter.
§ 100-54. Bulk. area and parking regulations.
A~ No building or premises shall be used and no building or part thereof shall be erected or
altered in the Al?ID District unless the same conforms to the following Bulk, Area and Parking
Schedule:
BULK, AREA AND PARKING SCHEDULE
Minimum Single-Family Two-Family Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area (square feet) 10,000
Lot width (feet) 80
Lot depth (feet) 100
Front yard (feet) 35
I side yard (feet) 15
Both side yards (feet) 25
Rear yard (feet) 35
Livable floor area 850
(square feet per dwelling)
Off-street parking spaces 2
(per dwelling)
Land area (square feet ) 10,000
per dwelling unit)
Lot coverage {pement) 20%
Building height 35
Number of stories 2
20,000 40,000
100 150
140 200
35 45
15 20
30 40
35 45
600 600
2 2
10,000 10,000
25% 25%
35 35
2~ 2"
B. The PlalmJng Board shall have the authority to reduce or amend yard setback requirements,
lot dimension requirements and highway specifications. In makine this decision, the Planning
Board shall take into consideration the benefit to the applicant, as weighed against the detriment
to the health, safety and welfare of the neighborhood or community. In making such
determination, the Planning Board shall also consider; (1) whether an undesirable change will be
produced in the character of the neighborhood or a detriment to nearby properties will be created
by the ~ranting of the amendment; (2) whether the benefit sought bv the applicant can be
achieved by some method, feasible for the applicant to pursue, other than the sought variance;
{3) whether the variance is substantial; (4) whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the neighborhood or district; and
(5) whether the alleged difficulty was self-created, wbich shall be relevant to the decision but
shall not necessarily preclude the proposed amendment or variance. This provision supercedes
and alnends New York State Town Law §267, 267-a, b and c. insofar as these sections give such
authority to the Zoning Board of Appeals. Any alnendment to highway specifications shall meet
with the approval of the Highway Superintendent.
§ 100-55. Application procedure.
B.A..Application and Fees. The application for rezonin~ shall be filed with the Town Clerk, in a
form approved by the Town Board and available in the office of the Town Clerk. Fees
applicable to the AHD zoning; application shall be set by resolution of the Town Board.
A:.B. Application procedure. The procedure for planning and zoning approval of any future
development in a proposed AHD District shall im'olve a three-stage review process as follows:
( 1 ) Approval by the Town Board of a preliminary development concept plan.
(2) Approval of the final, detailed subdMsion plat by the Planning Board.*
(3) The zoning reclassification by the Town Board ora specific parcel or parcels of land for
development in accordance with that plan.*
*NOTE: The town shall, in all instances, process Subsection AI~(2) and (3) above concurrently
so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated
review of the entire application.
cale ..... aclud,.o .............. s ................
C. Referral to Planning Board. Upon the receipt of a properly completed application for the
establislm~ent of a new AHD District, one (1) copy of the application shall be referred to the
Planning Board for its review and report, and one (1) copy shall be referred to the Suffolk
County Planning Commission for its review and recommendation, if required by the provisions
of the Suffolk County Charter. Within sixty (60) days ti'om the date of the Planning Board
meeting at which such referral is received, the Planning Board shall report its recommendations
to the Town Board. No action shall be taken by the Town Board until receipt of the Plamfing
Board report or the expiration of the Planning Board review period, whichever first occurs. Said
review period may be extended by mutual consent of the Planning Board and the applicant.
D. Planning Board report. The Planning Board, in its report to the Town Board, ma5
recommend either approval of the application for the establishment of the AHD District, wilh or
without modifications, or disapproval of said application. In the event that the Plalming Board
recommends disapproval of said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the Planning Board shall give
consideration to the Town Master Comprehensive Plan, the existing and permitted land uses in
the area, the relationship of the proposed desitin] and location of buildings on the site, traffic
circulation, both on and off the site, the adequacy and availability of community facilities arid
utilities, including public water and public sewer systems, to sen'ice the proposed development,
compliance of the proposed development with the standards and requirements of this .Article, the
then-current need for such housing and such other factors as may be related to the purposes of
this ?~Licle.
E. Town Board public hearing. Within forty-five (45) days from the date of the Town
Board's receipt of the Planning Board's report and reconunendation or the expiration of the
Planning Board review period, whichever first occurs, the Town Board shall hold a public
hearing on the matter of establishing an AHD District on the property described in the
application. Such hearing shall be held upon the same notice as required by law for amendments
to the Town Zoning Map and/or Zoning Code.
F. Town Board action.
( l ) Within forty-five (45) days after the date of the close of the public hearing, the Town
Board shall act either to approve, approve with modifications or disapprove the preliminary,
development concept plan and the approval or disapproval of the establishment of the AHD
District applied for. Approval or approval with modifications shall be deemed as authority for
the applicant to proceed with the detailed design of the proposed development in accordance
with such concept plan and the procedures and requirements of this Article. A copy of the Town
Board's determination shall be filed with the Planning Board and a copy mailed to the applicant.
A copy shall also be filed in the Town Clerk's office. If such determination approves the
establishment ora new AHD District, the Town Clerk shall cause the Official Zoning Map *.o be
amended accordingly.
(2) Revocation; extension.
(a) Upon request to the Town Board on notice to the applicant and for good
cause shown, the establishment of an AHD District may be revoked
eighteen (18) months after said Town Board approval thereof if work on
the site has not commenced or the same is not being prosecuted to
conclusion with reasonable diligence.
(b) The Town Board, upon request of the applicant and upon good cause
being shown, may, in the exercise of its discretion, extend the above time
period. In the event of the revocation of approval as herein provided, the
AHD District shall be deemed revoked, and the zoning classification of'
the property affected thereby shall revert to the zoning classification that
existed on the property immediately prior to the establishment of the AHD
District thereon, and the Town Clerk shall cause the Official Zoning Map to be
amended accordingly.
G. Subdivision plat approval by the Planning Board.
(1) No earthwork, site work, land clearing, construction or development activities shall take
place on any property within an AHD District except in accordance with a site plan approved by
the Planning Board in accordance with the provisions of this Article and in accordance with the
procedures and standards for site plan approval as set forth in Article XXV of this chapter.
(2) Where a proposed development involves the subdivision or resubdivision of land, no
development shall proceed until the Planning Board has granted final subdivision plat approval
in accordance with the provisions or'Chapter Al06, SubdMsion of Land, of the Town Code
§ 100-56. General regulations and requirements.
~: .... an~'e,r il: :d al! p ....... e, ................... t, ......... to ......... ..
..................... ~;~' +~'~; ......... '~ .......... v .............. The Town Board shall
require the recording of covenants and restrictions that shall apply to aH rea[ property within the
AHD District. The covenants and restrictions shall contain terms and conditions as the Town
Board and Plamfing Board deem necessary to insure the property is used for purposes consistent
with the purposes for which the ,ad-ID zoning classification was created, and they shall be subject
to the approval of the Town Attorney. The covenants and restrictions shall include the
following:
An owner of an improved or unimproved parcel of property within the AHD
District shall, at least thirty (30) days prior to entering into an agreement or
contract to convey the parcel, provide a copy of the proposed contract to the
Town Clerk with a written notice of the owner's intent to enter into the contract.
The Town Clerk shall forward a copy of the owner's notice of intent and the
proposed contract to the Town Board and Special Projects Coordinator, Within
twenty (20) days of receipt of the owner's notice of intention, the Town shall
notify the owner in wr/ting as to whether or not the temps of the sale comply with
the provisions of this Chapter relating to the resale of AHD parcels.
That an improved or uoimproved parcel of property within the AttD District shall
not be conveyed without written approval of the Southold Town Board,
The leasing of an improved or unimproved parcel of property or portion thereof
shall be by written lease.
An owner of an improved or unimproved parcel of property within the AHD
District shall, at least fourteen (14) days prior to entering into a lease with regard
to said parcel, provide a copy of the proposed lease to the Town Clerk with a
written notice of the owner's intent to enter into the lease. The Town Clerk shall
forward a copy of the owner's notice of intent and the proposed lease to the Town
Board and to the Special Projects Coordinator. Within seven (7) (lays of receipt
of the owner's notice of intention, the Town shall notify the owner in writing as to
whether or not the terms of the lease comply with the provisions of this Chapte~r
relating to the leasine; of AHD parcels.
An owner o fan improved or unimproved parcel of property within the AHD
District shall not lease the property without obtaining the wr/tten approval from
the Town of Southold.
C. Provision for moderate-income family dwelling units and unimproved lots.
(1) On land within an AHD DisMct ..... ;";"" +~ [ 1 t~' .....or iczg ~c,.,,~ .~, ,~o~ ,h~..
~ each dwelling unit an&/or unimproved lot located therein shall be reset'ed
for sale or lease to moderate income falnilies re~;istered with the Town of Southold Housing
Registry.
~.~ .......... ,4 ..... ; ...... c~.-:n~. Atl fittyp t(50%)of ilabl h h lib
offered for sale or lease to eligible applicants whose incolne does not exceed eighty percent
(80°,/0) of the HUD median income for the Conntv of Suffolk.
D. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be
reserved for moderate-income falnilies who have d_~_o not had have any ownership interest in any
other residence or vacant lot.~e~ ~ .... ..... v~, --~"~ ~ ~'ear:: The net wo~h of an applicant (indMdual
or family) shall not exceed twenty- five (25%) percent of the purchase price of a home sold
pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lotte~
system will be admilfistered by the Special Projects Coordinator within each ~oup in a fonmda
acceptable to the Town Board. The priority ~oups are as follows:
..r~:,h .........;r.~,;~.m .... :,~;. ,~.~ * ...... r e~,.,~.~ Income eligible indMduals or
hmilies who have lived and worked in the Town of Southold for a period of at least one (1) year
prior to the subnfission of their application.
(2) Income eligible individuals or families who have lived in the Iown of Southold tbr a
period of at least one ( 1 ) year prior to the submission of their application.
L}) Income eligible individuals.'families vcho have been employed in the Town of Southold
lbr a period of at least one (1) year prior to the submission of their application.
(4) Income eligible individuals/families who previously lived for a minimum of one { 1) year
in the Town of Southold and wish to return.
1~1 To all other eligible applicants.
E. The initial maximum sales price and maxilnum allowable monthly rent shall be set by
resolution of the Town Board, as amended from time to time.
F. Resale price of dwelling units and unimproved lots.
(1) Dwelling units in an AHD District reserved for moderate-income fanfilies may must be
resold to moderate-income families who are registered with the Special Projects Coordinator as
eligible and in need of housing, pmvided-fl~ T~he In an effort to ensure perpetual affordability
the maximum resale price does shall not exceed the purchase price plus the cost of permanent
fixed improvements, adjusted for the increase in the consumer price index during the period of
ownership of such dwelling unit and such capital improvements plus reasonable and necessary
resale expenses. All capital improvements require the approval of the Special Projects
Coordinator who will submit such improvements to the Housing Advisory Comlnission tbr
detemfination of: a) whether the capital improvement is watTanted and b) if warranted, the
value of appreciation to the property at time of improvement and c) the value (if any) upon
resale. The Housing Advisory Commission will provide quarterly reports to the Town Board
pertaining to AHD provisions (i.e. sales, resales, capital improvements, etc).
(2) Ulfimproved lots in an AHD District reserved for registered moderate-income families
may must be resold to moderate-income families; ..... :a~ ,t..,
· v ............t The maximum resale price
does shall not exceed the purchase price of such lot adjusted for the change in the consumer price
index for the period during which such lot was owned by the resale seller, plus reasonable and
necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved for moderate-income families is
improved with a dwelling unit, the maximum resale price shall be determined in the maimer
specified in § 100-56F(1) hereofi
x ~ ................... ~ .... ~, ............ .~ ...... ~ · ~, t-, .... t-' ...... , ,, ,, Director ma3
1st
2nd
5a
6a
0% 100%
20% gO°/,,
,10/o 60 ,r~,
60°/; 40%
80% ~0 ,,~
90% 10%
G. The pricing structure for rental properties must not exceed the rent limits as established by
the Suffolk County Affordable Housing Opportunities Pro,ram. The Town Board may, at its
discretion, impose restrictions regarding rentals.
§ 100-57. Administration.
A. General duties of Special Projects Coordinator ~.
{ 1) The Special Projects Coordinator Dk-ec4ov shall be responsible for the adnfinistration of
dwelling units and unimproved lots reselwed for lnoderate-income families in all AHD Districts
pursuant to the provisions of this Article.
(2) The Special Projects Coordinator Direc4ov shall promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for moderate-income families
in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices
and monthly rent for such dwelling units and lots; and the names and addresses of eligible
families desiring to purchase or lease the same, together with a priority list of such families. ]['he
Special Projects Coordinator D[:'cct~ shall maintain such other records and documents as shall
be required to properly administer the provisions of this Article.
B. lnteragency cooperation.
( 1 ) Whenever the Town Board approves the establishment of an AHD District, a copy of
such determination shall be filed with the Building h~spector and the Special Proiects
Coordinator t~4r~4o~, together with a copy of any agreements and/or covenants relating thereto.
(2) Whenever the Plamfing Board approves a subdivision plat and/or a site plan affecting
land within an AHD District, a copy thereof shall be filed with the Building Inspector and the
Special Projects Coordinator [~o,e, together with copies of any agreements and/or covenants
relating thereto.
(3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy
or any other pen~it or authorization affecting dwelling units and/or unimproved lots located in an
,M~ID District and reserved for sale or lease to moderate-income families, a copy thereof shall be
filed with the ~pecial Projects Coordinator ~
C. Procedure.
(1) Whenever the Building Inspector receives an application for a building permit or a
certificate of occupancy for a dwelling unit or unilnproved lot located in an AHD District and
reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy
thereof with the Special Projects Coordinator-t~eec~, who shall inform the owner and/or person
filing such application of the maximum sales price or monthly rent for such dwelling unit or lot
as well as eligibility requirements for families seeking to purchase or lease such dwelling units or
lots.
(2) No buildine; permit or certificate of occupancy may be issued by the Building Inspector
until the Special Projects Coordinator Dircctzr has supplied the Building Inspector with the
information provided for in the preceding subsection and the Building Inspector determines that
the issuance of the buildin~ permit or certificate of occupancy will not permit a use, occupancy,
sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this Article.
(31 The Special Projects Coordinator ~ shall certify the eligibility of all applicant~ for
lease or purchase of dwelling units and unimproved lots reserved for moderate-income families.
An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale
or lease to moderate-income families shall not sell or lease the same to any person who does not
possess a certificate of eligibility issued by the Special Projects Coordinator4~ir~:4~-. A violation
of the provisions of this subsection shall constitute grounds for the revocation of a certificate of
occupancy.
(4) On or before March 31 of each year, the Special Projects Coordinator D[rc, ztor shall
notify the owner or manager of dwelling units and unimproved lots reserved for moderate-
income families of the monthly rent, sales price and income eligibility requirements for such
units and lots based upon data derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots resell, ed for moderate-
income families shall certify in writing to the Special Projects Coordinator D[rcctor on or before
May 31 of each 3'ear, that the sale and/or lease of such dwelling units and lots comply with the
provisions of this Article and Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the
lease for sucb unit shall not exceed a term of two (2) years.
(7) An applicant for a certificate of eligibility aggrieved by any determination of the ~_~ecial
Projects Coordinator Director shall have the right to appeal such detemfination to the Town
Board at its next regularly scheduled work session or to any standing committee of the Town
Board designated by resolution to hear such appeals. [Added 12-28- 1990 by L.L. No. 31 - 15}90]
(8) The only covenants and restrictions which may even be placed upon any lot o,' dwelling
unit in an AHD District must be first approved by action of the Town Board. [Added 12-22-1992
by L.L. No. 34-1992]
§ 100-58. Applicability of other Code provisions.
All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with
the provisions of this .Article shall be applicable in the AHD District.
§ 100-59. Penalties for offenses. [Added 12-22-1992 by L.L. No. 34-1992]
Any violation of any provision of tiffs Article shall be punishable in the following mmmer:
A. First offense: by a fine of not less tban one thousand dollars ($I,000.) nor more than five
thousand dollars ($5,000.).
B. Second offense and for any offense thereafter: by a fine of not less than five thousand
dollars ($5,000.) and not more than ten thousand dollars ($10,000.) for each offense.
C. Any offense under this Article may be punishable by revocation of an existing Certificate
of Occupano/.
D. Any individual who has violated Covenants and Restrictions imposed pursuant to th~
,Article shall be prohibited from further participation in ownership opportunities and benefits
within an approved AHD District.
Strike-through represents deletion.
Underline represents insertion.
Elizabeth A. Neville
Southold Town Clerk
SOUTHOLD TOWN BOARD
PUBLIC HEARING
Junc 29, 2004
8:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE
AFFORDABLE HOUSING DISTRICT (AHD) IN THE CODE OF THE TOWN OF
SOUTHOLD."
Present: Supervisor Joshua Y. Horton
Councilman John M. Romanelli
Councihnan Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Ed~ards
Town Clerk Elizabeth A. Neville
To~n Attorney Patricia A. Finnegan
Absent: Justice Louisa P. Evans
COUNCILMAN WICKHAM: NO]YlCE IS HEREBY GIVEN that there was presented to the Town
Board of the Town of Southold, Suffolk County, New York, on the 15th da}' of June, 2004 a
Local Law entitled "A Local [aw in relation to Amendments to the Affordable Housing District
(AIID) in the ('ode of the Toxin of Southold", and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold
a public hearing on the atbresaid Local La~x on June 29, 2004 at 8:00 p.m. at which time all
interested persons will be given an opportuni~' to be heard.
The proposed Local Law entitled reads as follows: "A Local Law in relation to Amendments to the
Altbrdable Housing District (Al-ID) in the Code of the Town of Southold"
LOCAL LAW NO. of 2004
A Local Law in relation to Amendments to the Affordable Housing District {M-ID} in the Code of
the Town of Southold
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
SECTION 1. PURPOSE.
The purpose of this Local Law is to clarify the procedures and provide for certain incentives for
an applicant seeking a change of zone to Affordable Housing District {AHD}. The amendment
will allow accessory apartments in the zone, which will create more affordable housing
opportunities and help purchasers offset the expenses of housing. Further~ the amendment
includes provisions for covenants and restrictions that will ensure perpetual affordabilit3' of all
homes within the district. The amendments set forth in this Local Law apply only to
development in an AIID District after June l~ 2004.
SECTION 2. CODE AMENDMENT.
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Public Hearing-Affordable Housing
Chapter 100 of the Town Code of the Town of Sonthold is amended as follox~s
ARFICLE V, Aftbrdable Housing (AItD) District
§ 100-50. Purpose.
The purpose of the Affordable Housing (AHD) District is to provide the opportunity x~i~hin certain
areas of the toxvn tbr the development of high-density housing tbr Families of moderate incolne: and
further, to do so with sensitMtv to the historic and aesthetic character of the Tov~n's existing
neiehborhoods. ]7oxxards that end, the Plmming Board shall have the authority to amend certain
setback and other specifications in order to ensure cost efficiencies and design that furthers the Town's
coals of providing qualit~ worktbrce housing. Homes located within the Affordable Honsing District
are intended to be aftbrdable in perpetuity.
§ 100-51. Definitions.
For thc purpose of this Article. the following terms, phrases and words shall bare the following
meanings:
CONSUMER PRICE INDEX -- The consumer price index as published by the LInited States
Department of Labor, Bureau of Labor Statistics. for the New York Metropolitan area.
CONVEYANCE -- The transfer or transfers of any interest in real property by any method including
but not limited to sale. exchange, assig~m~ent, surrender, mortgage foreclosure, transfer in lieu of
foreclosure, option, trust indenture, taking by eminent domain, conve5 ance upon liquidation or by a
receiver, or transfer or acquisition of a controlling interest in any entity with an interest ill real
property. Notwithstanding the foregoing, conveyance of real property shall not inclnde a conveyance
nmde pursuant to devise, bequest or inheritance; the creation, modification, extension, spre_ading=
severance, consolidation, assignment, transfer, release or satisfaction of a mort~aee; a mortgage
subordination azreement, a mortgage severance at~reement or an instrument given to perfbct or correct
a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code.
....................................... : ...... v ..................... at Southold.
MOl)ElL.\ I'E-INCOME FAMILY -- A family registered with the Town of Southold Housing Regist~,
~xhose aggregate annual income, including the total of all cun'ent annual income of all fanfily members
[excluding the earnings of working [hmil> members under age eighteen ( 18)twenty cae (~] from any
source whatsoever nt the time of application lbr the purchase or lease of an aflbrdable housing unit or
the purcbase of an unimproved affordnble lot. does not exceed 120% of the HUD median income tbr
MODERATE-INCOME FAMILY DWELLING LINIF -- A dwelling nnit reserved f~r rent or sale to a
moderate-income lhmil5 and for which the maximum monthl5 rent (excluding utilities'} or the
maximnm initial sales price does not exceed the maximum rent or maximmn sales price set/brtb in
~ [Amended 1~-=_-199_ b3 L.L. No. 34-1992]
M()DE~{TE-INCOME FAMILY UNIMPROVED LOT -- An Ulfimproved lot reserved for sale to a
moderate-income thmily and tbr which the maximum initial sales price, '
...... :a: ....... ~: ............ a/ ...... ~: .............. : ....... t'~ ! doe ceed the i I p i
set ~brth in ~ 100-56E bereof~ Said "unimproved lot" shall mean a x acant parcel of real propeNy
designated as a lot on a filed map. inclusive of all utilities brought to the property line. [Amended 12-
,> 99~
_~-I - b3 E.L. No. 34-1992]
PERNIANEN[ FIXED IMPROVEMENT -- An improxement to a lot or a moderate-income flintily
dwelling unit wbich cannot be relnoved and which provides value to the propem' above and beyond
repairs done to maintain the property in good condition. A pemmnent fixed improvement mnst be
June 29. 2004
Public Hearing-Affordable Housing
approved in advauce of construction or installation ill writing bv the Special Pruiects
SPECIAL PROJEC fS COORDINATOR: Employee of the Town who is responsible tbr the
development, implementation and coordiuation of the Housing Registry and affordable housine
initiatives tbr the Town of Southold..
UT[L!T!ES m ..... : ...... ~:r ..... :a~ ,~ ~ .... ~a;.~;~:.~..', .d~, ...... d ....... c,~L~..;,4 ..... [ 11 b
} 100-S2. Applkabili~~.
AHD Districts shall be established by. tile Tox~ll Board -vv---..~-~--Ii"~: ........ tv tt,~" Ttu..tt ...... ~..~.U ..... ~ pu:'~uant tO
,. ...... a ...... k~:.~a ...... :~:~a .............................. s ...... that have
been identified t~ough the accepted principles of Smaa Grm~lb plaunina as being appropriate and
desirable locatious for aftbrdable housing. Such locations include, but are not limited to: land within
Hamlet Locus Zones. as may be determined by the -fown Board; land within walking distance of
sen, ices, shops, schools, and public transportation; land that adjoins existing centers of business and
residential development (as opposed to land adjoining lhm~ aod open fields); and other locatious where
the project has been shown to meet a demonstrable need. AHD Districts shall
.............................................. u ...................................... ao arlon
D ~ ~-a: ...... ~ ~'~ .......... hall be designated b5 To n Board resolution atier p blic h i g
...................... ~,o as s ' w a u ear u
thereoo, upon teo /10) days' notice thereof by publication in the official town nex~spapers.
~ 100-53. Use regulations.
In the AHD District, no buildiug or premises shall be used and no building or pan ora boilding shall
be erected or altered which is arranged, intended or designed to be used, in whole or in para tbr any
use except the lbllowing:
A. Pernfitted uses.
~ 1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be
leased one time by the owner for a period not greater than two (2} years ~ith ~ritten approval of the
Special Projects Coordinator.
(2) Two-thmily dwellings which shall be occupied by the owner of the dwelling, or may be leased
one time by the oxx ncr/hr a period not greater than two (2) years with written approval o f the Special
Projects Coordinator.
i3) Multiple Dx~ellings,
(4) Row or AUached Dx~elliugs
{5} Apamnents are pemfitted within the principal building only. snbject to the lbllowing
requiremeots:
(a) The accessory apa~ment shall be located in the principal building.
lb) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's
principal rcsidence. The other dx~elling unit shall be leased [bt year round occupanc~ to an
eligible person as defined by this leaislation and as evidenced bv a written lease for a tenn of
one or more years.
lc) The apa~ment shall coutain not less than three hundred and fifix square feet and shall not
exceed a square tbotage equal to one half the total enclosed square tbotage of the principal
dwelling and shall not contain more than ooe bathroom.
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Public Hearing-Afibrdable Honsing
Id) A minimum of one off-street parkina space shall be provided.
lc) Not more than one accessory apartment shall be provided per single finnil5 dwelling.
(t) Not more than fifty percent 151)%) of homes in an approved AHD shall have accessory
apartments.
B. Accessory nses. Accessory uses as set Ibrth in and regulated by ¢ 100-3 ICI I). 12), 13 ), 14). 16) and
17) of this chapter.
§ 100-54. Bulk, area and parking regulations.
A~. No bnilding or premises shall be used and no building or part thereof shall be erected or altered in
the AHD District unless the same confimns to the lbllowing Bulk. Area and Parking Schedule:
BULK, ,ARE,,\ AND PARKING SCHEDULE
Minimum Single-Fanfily T;~o-Family Multiple
Requirements Dx;ellings Dwellings Dwellings
Total lot area I sq t't) l 0.000 20.000 40.000
Lot width fleet) 80 100 150
Lot depth (feet) 100 140 200
Front ym'd {feet) 35 35 45
I side yard (feet) 15 15 20
Both side yards (feet) 25 30 40
Rear yard (feet) 35 35 45
kivable floor area 850 600 600
(sqoare feet per dwelling)
Off-street parking spaces 2 2 2
1per d;~ elling I
Land area (square feet l 0.000 10.000 10.000
per dx~elling unit)
kot coverage (percent)
Building height
Number of stories
20°,i, 25% 25%
35 35 35
2 '.5 2 2 %
B. Where cost efficiencies and sound design in fnrtherance of the Town's goals [br the AHD zone can
be realized, the Planning Board shall have the authority to reduce or amend certain yard setback
requirentents, lot dimension requirements and highx~ay specifications. Any amendment to highway
s~cificntions shall meet with the approval of the Highxxay Superintendent.
§ 100-55. Application procedure.
I~.A.. Application and Fees. The application for rezoning shall be filed with the Town Clerk~ in
a form approved by the Town Board and available in the office of the Town Clerk. Fees
applicable to the AHD zoning application shall be set by resolution of the Town Board.
A.__B. Application procedure, lhe procedure lot v ......... ~ .... zon:ng approval of an5' futare
development iii a proposed AHD District shall inx olve a three-stage review process as follows:
{ 1 ~ Approval by the Town Board ora preliminary development concept plan.
(2) Approval of the final, detailed subdivision plat by the Plaiming Board.*
~3) The zoning reclassification by the To~n Board ora specific parcel or parcels of land
development in accordance with that plan.*
*NOTE: The toxsn shall, in all instances, process Subsection A~BI 2) and {3) above concurreutl.~ so as to
enable the nmnicipality to utilize a single SEQRA process and conduct a coordinated rex icy, of the
entire application.
June 29. 2004
Public Hearing-Affordable Housing
5
June 29. 2004 6
Public Hearing-Aftbrdable Housing
C. Retkrral to Planning Board. Upon the receipt of a properly completed application lbr the
establistuncnt of a new AHD District. one ( 1 ) copy of the application shall be ret~txed to the Planning
Board tbr its revie~x and repo~, and one (1) copy shall be t'et~ed to the SuflBlk Coonty Planning
Commission lbr its review and recommendation, if required by the provisions of the Suffblk County
Charter. Within sixty (60) days l~om tbe date of the Planning Board meeting at x~hich such ret~al is
received, the Planning Board shall repotx its recolmnendations to the Toxin Board. No action shall be
taken b3 the Town Board until receipt of the Planning Board report or the expiration of the Planning
Board review period, whichever first occurs. Said review period may be extended b> nlulual consent of
the Planning Board and the applicant.
D. Planning Board repoff. The Planning Board~ in its report to the Town Board. may recommend
either approval of the application lbr the establishment of the AHD District, with or without
modifications, or disapproval of said application. In thc event that the Planning Board recommends
disapproval of said application, it shall state in its repo~ the reasons ibr such disapproval. In preparing
its repotX and recommendations, the Plalming Board shall give consideration to the Toxin ........ r
Comprcbensix e Plan, the existing and pe~itted land uses in the area, the relationship of the proposed
design and location of buildings on the site, traffic circulation, both on and off the site, the adequacy
and availabilit3 ofcommunit3 facilities and utilities, including public water and public sewer systems,
to sc~'ice the proposed development, compliance of the proposed development with the standards and
requirements of this Atxicle, the then-trident need t3r such housing and such other thctors as may be
related to the purposes of this Article.
E. ~oxxn Board public hearing. Within iBtxy-five 1'45) dass from the date of the Town Board's
receipt of the Planning Board s epo x a ~d recomnmndation ot the expiration of the Planning Board
review period, ~xhichever first occurs, the Toxin Board shall hold a public hearing on the matter of
establishing an AHD District on the property described in the application. Such hearing shall be held
upon the same notice as required by law tbr amendments to the Town Zoning Map and/or Zoning
Code.
F. Toxin Board action.
I 1 ) Within lb~y-five (45) da3s after the date of the close of the public hearing, the Fown Board
shall act either to approve, approve with modifications or disapprove the prelilninary development
concept phm and the approval or disapproval of the establishment of the A} iD District applied for.
Approval or approxal xxith modifications shall be deemed as authority tbr the applicant to proceed with
the detailed design of the proposed development in accordance with such concept plan artd the
procednres and requirements of this Article. A copy of the Town Board's detemfination shall be filed
with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town
Clerk's office. If such determination approves the establishment of a new AHD District, lbe Yox~ n
Clerk shall cause the Official Zoning Map to be amended accordingly.
t2'} Revocation: extension.
I a) [ Tpon request to the Tow n Board on notice to the applicant and for good
cause shown, the establishment of an AHD Distfict may be rex oked
eighteen (18} montbs after said Town Board appro~ al thereof if work on
the site has not commenced or the same is not being prosecuted to
conclusion x~ itb reasonable diligence.
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Public Hearing-Affordable Housing
The Town Board. upon request of the applicant and upon good cause
being shoran, ma5. in the exercise of its discretion, extend the above time
period. In the event of the revocation of approval as herein provided, the
AHD District shall be deemed revoked, and the zoning classification of
the propen5 affected thereby shall rexe~ to the zoning classification that
existed on the prope~5 immediately prior to the establishment of the AHD
District thereon, and the Toxxn Clerk shall cause the Official Zoning Map to be
amended accordingly.
G. Subdivision plat approval by the Planning Board.
( 1 ) No ea~hx~ork, site ~ork, land clearing, construction or development activities shall take place
on any propetgy wiflfin an AHD District except in accordance with a site plan approved by the
Planning Board in accordance with the proxisions of this Article and in accordance ~ ith the procedures
and standards tbr site plan approval as set fo~h in Article XXV of this chapter.
{2) Where a proposed development involves the subdix ision or resubdivision of land, no
development shall proceed until the Planning Board has granted final subdivision plat approval in
accordance with the provisions of Chapter Al06, Subdivision of [.and, of the Iown Code.
~ 100-56. General regulations and requirements.
........ [ ....................... v--v ......... ~ Article. The To~n Board shall require the recording of
coxenants and restrictions that shall apply to all real propct1~ ~xithin the AHD District. The covenants
and restrictions shall contain terms and conditions as the Town Board and Planning Board deem
necessary to insure the propert5 is used for purposes consistent s,~ith the purposes for which the AHD
zoning classification was created, and they shall be subject to the approval of the Town Attome,/. The
covenants and restrictions shall inclode the following:
1. An owner of an improved or unimproved parcel or'property within the AHD District
shall, at least thirty. (30) days prior to entering into an agreement or contract to convey
the parcel, provide a copy of the proposed contract to the Toxsn Clerk ss ith a written
notice of the oxsner's intent to enter into the contract. ]7he Town Clerk shall tbm'ard a
copy of the oxx ner's notice of intent and the proposed contract to the Town Board and
Special Projects Coordinator. Within tx~enty (20) days or'receipt or'the owner's notice
or' intention, the Toxxn shall notiiS' the owner in writing as to ~hether or not the terms of
the sale comply x~ ith the provisions of this Chapter relating to the resale of AHD
parcels.
'lhat an improved or unimproved parcel of property within the AHD District shall not
be conveyed ~vithout written approval of the Soathold Tox',n Board.
The leasing o[' an improved or unimprox ed parcel of property or portion thereof shall be
by x~ ritten lease.
An o~ner of an improved or unimproved parcel or'property within the A:[D District
shall, at least fourteen 114) days prior to entering into a lease with regard to said parcel.
provide a copy or'the proposed lease to the Town Clerk with a written notice of the
ox~ner's intent to enter into the lease. The Town Clerk shall forward a cop3' of the
June 29, 2004
Public Hearing-Affordable Housing
owner's notice of intent and the proposed lease to the Town Board and to the Special
Projects Coordinator. Within seven (7) days of receipt of the ov, ner's notice of
intention, the Tox~ll shall notify the ox~ner in writin~ as to whether or not the te~s of
the lease colnplv with the provisions of this Chapter relatine to the leasinu of AHD
parcels.
5. An owner of an improved or unimproxed parcel ofpropert~ within the AHD District
shall not lease the property without obtainine the written approxal t~om the Town of
Southold.
B. Provision for moderate-income/hmily dwelling units and unimproved lots.
( 1 ) On land within an AHD District ........ :~: ...... ~ I tlx ..........I ....... C I~.~,1 .... I ...... ~,,~ ff ....
~ each dx~elling unit and/or unimproved lot located therein shall be rese~'ed tbr sale or
lease to moderate income families registered x~ith the Town of Southold Housin~ Reeistrs=
(2) On land within an AHD District containing more than ten (10) acres of land, not less than fifty
percent (50%) of the dwelling units and/or unimproved lots therein shall be resen ed tbr sale or lease to
moderate income lhmilies. Fit~ percent (50%) of available homes shall be offered tbr sale or lease to
eligible applicants whose income does not exceed eighty percent (80%) of the HUD median income
tbr the County of Suffolk.
C Eligibility. [n each AHD. the sale or lease of dwelling units and unimproved lots shall be
reserved tbr moderate-income families who ..... do not had have any ownership interest in any other
residence or vacant lot.,.,~'~ '~,_~ ...... wo, ~,,~:'~ ,~,' ~' vearg The net worth of an applicant (individual or thmilv)
shall not exceed twenty- five (25%) percent of the purchase price of a home sold pursuant to this
section. The eligible applicants shall be grouped on a priority basis, and a lottery sx stem will be
adnfinistered by the Special Projects Coordinator x~ ithin each croup in a formnla acceptable to the
Toxxn Board. The priority groups are as tbllows:
_,:,~ .......... :r ~..*:..~* .... :,~,:.. ,~..~ * ...... r ~,....~.-*n Income eligible individuals or fhnfilies who
have lived and worked in the Toxin of Sonthold tbr a period of at least one { 1) year prior to the
submission of their application.
(2) Income eligible individuals or lhmilies who t~ave lived in the Town of Southold fbr a period of
at least one ( 1 ) ~ ear prior to the submission of their application.
~ Income eligible individnals/families who have been emplox ed in the Town of Southold for a
period of'at least one I l) year prior to the submission of their application.
(4) Income eligible individuals/families ~ho previoush, lived for a minimum of one (I) year in
the Town of Southold and wish to return.
(5) To all other eligible applicants.
D. /he initial maximum sales price and maximum allowable monthly rent shall be set by
resolution of the Town Board, as amended from time to time.
15. Resale price of dwelling units and unimproxed lots.
( 1 ) Dxvelling units in an AHD District reserved lbr moderate-income families may must be resold
to moderate-income families who are registered with the Special Projects Coordinator as eligible and
in need of housing, lm3videdqhm Tthe In an eftbrt to ensure perpetual affordability the maximum
resale price does shall not exceed the purchase price pitts the cost of permanent fixed improvements,
a4}usted for the increase in the consumer price index during the period of ownership of st~ch dxxelling
June 29. 2004
Public Hearing-Affordable Housing
9
onit and such capital improvements pitts reasonable and necessary resale expenses. All capital
improvements require the approval of the Special Projects Coordinator who will submit such
improvements to the Housiog Advisory (omm ss c n for deterlmnat on oI: a) whether the capital
improvement is warranted and b) if warranted, the x alue of appreciation to the property at time of
improvement and c) the value {if any) upon resale. The Housing Advisory Commission will provide
quarterl7 reports to the Toxxn Board pertaining to AHD provisions (i.e. sales, resales, capital
improvements, etc ).
t2) Unimproved lots in an .AH[) District reserved tbr registered moderate-income thmilies may.
must be resold to moderate-incolne t'amilies=, pro: ided that t _The maximum resale price does shall not
exceed the purchase price of such lot a4iusted for the change in the consulner price index for the period
during Milch such lot was owned by the resale seller, plus reasonable and necessary resale cxpeuses.
(3) ~ tie 'e an unimproved lot in an AHD District reserved tbr moderate-income fimfilies is
improved with a dwelling Ulfit, the maximum resale price shall be determined in the manner specified
irt § 100-56F(1) hereofi
(bt [ .......... d12 Ion'*bvLL Na ~ !992]TM .... ~' ..... * ..... c,, ......... ~.~:~: ............c
,\ ......... hao. .t
I ,t 9% 100%
~,,d 20% 80%
3 40%
I~' 60%
5°~ 80% 20%
6"' 00% 10%
F. The pricing structure tar rental properties must not exceed the rent limits as established by th~
Suf/blk County Aflbrdable Housing Oppoaunities Program. Dm Tox~o Bom'd max, at its discretion,
impose restrictions re~arding rentals.
~ 100-57. Administration.
A. General duties of Special Projects Coordinator ~;
( 1 ~ Fhe Special Projects Coordilmtor ~ shall be responsible for the administration of
dx~elling units and unimproved lots reserved ~br moderate-income Pamilies in all AHD Districts
pt~rsuant to the provisions of this A~icle.
~2) Fhe Special Projects Coordinator Dkcctgr shall promulgate and maintain iotbrmation and
documentation of all dwelling units and unimproved lots reserved tbr moderate-income fulnilies in all
June 29. 201)4
Public Hearing-Affordable Houqing
10
AHD Districts; the number thereof available for sale or lease at all times: the sales prices and monthly
rent for such dx~elling units and lots: and the nalnes and addresses of eligible families desiring to
purchase or lease the same, together with a priority list of such families. The Special Projects
Coordinator Director shall maintain such other records and documents as shall be required to properly
administer the pro¥isions of this Article.
B. lnteragenc.~ cooperation.
(1) \VheneYer the '[own Board approves the establishment of an AHD District, a cop3' nf such
detem-mination shall be filed with the Building Inspector and the Special Proiects Coordinator Diree-tor.
together with a cop5' of any agreements and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land
within an AHD District, a cop.,,' thereof shall be filed with the Building Inspector amid the Special
Proiects Coordinator ~, together with copies of any agreements and/or covenants relating
thereto.
(3) Whenever the Building Inspector shall issue a building pemfit, a certificate of occupancy or
any other pemfit or authorization affecting dwelling units and/or unimproved lots located in an AHD
District amid resen'ed for sale or lease to moderate-income families, a cop> thereof shall be filed with
the Special Projects Coordinator Dircctt~r.
C. Procedure.
( l ) Whenever the Building Inspector receives an application lbr a building permit or a certificate of
occupanc,~ fnr a dwelling unit or nnimproved lot located ill an AHD District and resen~ecl tbr sale or
lease to moderate-income families, the Bnilding Inspector shall file a cop>' thereof ~xith the Special
Projects Coordinator~.,~,,,,,t~: ......... ~xho shall inform the owner and/or person filing such application of the
maximum sales price or monthly remit lot such dwelling unit or lot as well as eligibilit3 requirements
tbr families seeking to purchase or lease such dwelling units or lots.
(2) No builditm permit or certificate ofoccupanc5 may be issued by the Building Inspector until
the Special Projects Coordinator Director has supplied the Building Inspector with the intbm-mation
provided for in the preceding subsection and the Building Inspector determines that the issuance of the
building permit or certificate of occupancy will not pemfit a use. occupancy, sale or lease ora dwelling
unit or unimproved lot in violation of the prox isions of this Article.
(3) Ihe Special Projects Coordinator Direc4m' shall ceftin' the eligibility of all applicants for lease
or purchase of d~xelling units and unimproved lots reserved for moderate-income families. An owner
of dx~elling units and unimproYed lots in an A}tD District which are reserved for sale or lease to
moderate-income families shall not sell or lease the same to any person who does not possess a
certificate of eligibility issued by the Special Projects Coordinator4Yaec4*~. A violation of the
prox iskms of this subsection shall constitute grounds tom' the revocation ora certificate of occupancy.
14) Omi or before March 3 l of each 3'ear, the Special Projects Coordinator ~ shall noti~' the
owner or manager of dx~elling units and unimproved lots reserved lbr lnoderate-income families of the
monthly rent. sales price and income eligibility requirelnents for such nnits and lots based upon data
derived from the preceding ,~ear.
151 l'he o~ner or manager of dx~elling units and unimproved lots reserved tbr moderate-income
/hmilies shall certif'~ in writing to the Special Projects Coordinator-~:,:'cc~e,r on or before Ma.~ 31 of
each 3ear, that the sale and.'or lease ol'such dx~elting units and lots comply with the provisions of this
Article and Chapter 100 of the Town (_'ode.
(6) When a dxxelling unit reserxed lbr lease to moderate-income lhmilies is to be reined, the lease
tbr such unit shall not exceed a tem~ nl'two (2) 5ears.
June 29. 2004 11
Public Hearing-Affordable Housing
(7~ An applicant for a certificate of cligibility aggrieved by an)' detemfination of the Special
Projects Coordinator Director shall have the right to appeal such determination to the l'own Board at
its next regularly scheduled work session or to any standing committee of the Town Board designated
by resolntion to hear such appeals. [Added 12-28-1990 by L.L. No. 31-1990]
i8) The only covenants and restrictions which may e',en be placed upon an)' lot or d~elling unit in
an AHD District must be first approved by action of the Tow n Board. [Added 12-22-1992 b) t.[,. No.
34-1992]
§ 100-58. ApplicabiliD' of other Code provisions.
All of the provisions of the Code of the Toxxn of Southold not inconsistent or in conflict with the
provisions of this Article shall be applicable in the AHD District.
§ 100~59. Penalties for offenses. [Added 12-22-1992 by [,.L. No. 34-1992]
Any violation of any provision of this Article shall be punishable in the following maimer:
A. First offense: by a fine of not less than one thousand dollars (S 1,000.) nor more than five
thousand dollars ($5,000.).
B. Second offense and for any offense thereafter: by a fine of not less than five thousand dollars
($5.000.) and not more than ten thonsand dollars ($10,000.) for each offense.
C. Any offense under this Article may be punishable by revocation of an existing Certificate
of Occupancy.
D. Any individual who has violated Covenants and Restrictions imposed pursuant to this
Article shall be prohibited from further participation in ownership opportunities and benefits
within an approved AHD District.
COUNCILMAN W[CKHAM: All of this has been published in tile local newspaper, we haxe a copy
here of the legal notice, it has also been presented on the Town Clerk's bulletin board outside the door
there. We have a few written comments, we have a comment here from the Suftblk County Platming
Commission, "Pursnant to the requirements of Section A1414 of the Suftblk Count)' Adnfinistrative
Code. the above referenced application which had been submitted to the County Planning Commission
is coosidered to be a matter of local determination as there is no apparent cotinty-wide or inter-
community impact. A decision of local detemfination should not be construed as either an approval or
a disapproval." We also have a comment from onr Planning Board. which has reviex~ed the revised
xersion of it and oft;ers the follovAng observation. "The Board supports the intent of this proposed
revision and there are a t'ew additional comments on it." And I believe that is all the comments that I
have in the file.
SUPERVISOR HORTON: Thank )ou, Councihnan Wickham. The floor is open to tile public to
address this public hearing on amendments to the AHD zone. tx,Ir. LaRocca.
VINCEN]7 LAROCCA: Vincent LaRocca from Cutchogue. First of all, 1 am going to make some
comments obviously related to what )ou all are doing and hopefully give a perspective that I think
needs to be gixen a little more thought but none of my comments are meant to undermine what you
gu)s are tDing to do and ho~ important it is to try to preserve the socio-economic diversity of our
colnlnunity. Whether it bas been those of tis who have lived here. those of us x~bo have chosen to
mo\ e here. is because that is a very special part of Southold and [ really commend you taking on x~hat
is going to be a xeD' difficult, hmg term issue. And personally, I have lived it. When I graduated from
college in Huntington and I couldn't live in my o~vn community and I thought l ~as a hotshok working
at a hotshot fim~. [ was angry. And man, I used to rail at my parents. 'you bad it easy, when you guys
June 29, 2004 12
Public Hearing-At'tbrdable Housing
could all have your houses' and I knew x~hat they paid tbr their house and it used to make me crazy
sick. So, I understand it. My fblks said. 'don't worry, someday >ou xxill be on the other side of the
table.' So it is not that I am here ~ithout empathy for the frustration of trying to secure 5'.)ur first home
because I as probably everyone here, has Iix'ed that. But [ do believe that this legislation as it is
currently configured, is not going to achiexe the objective and there are real risks entailed here. First
of all, ~e are talking about potentialb tile enormous impacts on the character of our bamlets. And by
example, when the government doesn't have market forces checking and balanciug xxhat it does, and
left to its ox~n devices, the outcome often does not reflect xxhat the commnnity at large wants. 1 will be
curious when the hanflet studies take place, to see if most people in Cutcbogue wanted to see by. by
our post office most recently our trees taken out and half our park paved over to turn parallel parking
into vertical parking. It is a real shame what happened to that hamlet and no one that I have spoken to
anecdotally has appreciated that work. And I don't e~en know 3'et what it costs the tax payers to see
tile trees ripped out. the park taken away, to change vertical and parallel parking. But when
government is left without market tbrces: that is the kind of plmming you can end up wi~h. Second.
you have got potentially enormous impacts on our residential communities. You are changing the rules
on what I thought I moved into or xxhat other people in their local communities moved into. By
changing the zoning as to xxhere this can take place in the legislation, you are saying, 'hey, there is six
acres in Fleets Neck or Hoggs Neck or out in Orient', we are going to put in a goYernment
development project. With potential enormous density changes and not even a mixed type of income
structure. So you have got potential enormous impacts on 5'our residential communities, too. Lastly,
there is the middle-income tax pa3er in this town, which we have got to give greater mind share than
we are when we look at new legislation. You have ~iust this afternoon met and I don't know, finalized
or finalizing a sub-division code to go alter how we deal with land preservation. /he fact of the matter
is, that 5ou haven't held one work session in tile six months that you guys have been here. talking
about this, saying ~xbat is this going to cost, potentially, our taxpayers? You know, xxe have the Land
Preservation Committee put together some 'what iff assumptions. Co-authored by Councilman
Edwards and Ra.~ Huntington that said 'Look, these could be very big numbers. \Vhat if this, what il'
that, how lnany acres, who pays?' Ihese could be very big numbers that tile CPF is simply not going to
cover is certain 'what ils' come to be. You added new incentives to landowners to preserve. That may
be a xxonderful thing and I am not here challenging the process, that debate is over for now but I am
saying, did you analyze the cost? There xxasn't a work session where we said, 'well. that is a new
incentiYe, what is that going to cost the taxpayers?' It may be a very big number. When we decided
we wanted to look at how we were going to deal ~xith our lando~xners, we created the Blue-Ribbon
Commission /'or the Preservation of a Rural Southold. And xxe debated for two years and were
extremely carefid, as we should be. to make sure that before we changed the rules relative to
landowners, xxe bad really thought through bow this could affect them. Ifow it could affect their
equity, their bnsiness, and the quality of lite on the farmland and open spaces. Before you change the
rules, that could tremendonsly affect x~bat our hamlets look like and could tremendously afl;ect what
certain residential communities look like. give those folks the same due respect 5Otlt provided the
landowners. And 3ou have started that process and [ commend ?u all. You started to create hamlet
studies. Josh has been asking lbr a couple of ,~ears now. '1 need to understand xxhat our needs are in
this community as it relates to atlbrdable bousing.' Well. please. The answer isn't read.~, shoot, aim
on tbis. Okay? It is let's get together, let it pla5' out. You guys have set a wonderful process in
motion. Hold on to create the legislation before you haxe let the community speak. Lct's flip that
around, just like we did with the Blue Ribbon Commission and the landowners. I mean. you are
talking about: the number of locations is completely expanded now from where it was in the original
June 29, 2004 13
Public Hearing-Attbrdable Housing
aftbrdable housing code. Maybe that is right. I don't knoxt .','et but maybe it is not right, maybe that is
not what the communities in this town want to see. You are talking about taking six acres and
potcntiall3, with some other devices being explored, xxhere six acres nfight bavc had six homes, noxx
six acres might have 24 plus units. Well. in Fleets Neck or Hoggs Neck or Orient or Greenport, that
cotdd be a tremendous change in what onr community's look and feel like. We need to understand
what the communities think about that betbre we empower the politician and enable him to do it. And
the bottom line on is. I really don't believe, and I am going to lay this out as briefly as I can, that
govenm~cnt controlled development programs are the solution to our problem. [n fact, I am going to
las' out as briefly as I can, [ think it is going to exacerbate the problem and not go to the root of the
problem. It is the law of unintended consequences. [ need to look at New York Cit.`',,' xvhere exerybod5:
thonght, rent control, oh what a great klea. We are going to take apartments and sa.,,' they can onb be
sublet for X dollars, even though the.`': are worth flu'ce times X. Sounds great. Everybod5 applauded.
Two things happened, owners of buildings took that snpply off the market and created the xvorld of co-
ops and xte created a wonderful black market tbr trading in leases. So now. instead of helping people
that really needed affordable living in the cit.,,', we have diminished their housing stock and because the
profit ',','as now going to a leaseholder and not a landlord, the places get rundox~n and they don't get
maintained. Ihe law of unintended consequence. Another lax,, of unintended consequence. It sonnded
right to me when I first heard it. 'He.',', we only have so many units, let's make them all affordables.'
Okay. l_et's make them all Iow because [ don't know about: let's make them all low cost. Well, let's
look to Brooklyn, again, where I come from. We haxe two comnmnities, Park Slope, which is mixed
income: block by block mixed income, and thcre is a communit5 pride in that, I can tell 5ou. And we
hate a building and we have studios xxith schoolteachers and students and two floors doxxn, xxe have
doctors and in the building next door, we have investment bankers that ox~n the vd~ole thing. Mixed
together, it is a glorious success story, fhen there is Coney Island. A government project, determined
by the government and not mixed use. It is a disaster. And so. xxhcn 5ou want to make something
permanently aflbrdable and you are theretbre remox lng all market incentive, don't take Ihe market out
of gain and put government and govemlnent bureaucrats in terms of making sure they do the right
thing by my community and Fleets Neck, no ti~ank 5ou for that help. ket the markets wnrk these
problems. ]7here is a big issue here of property taxes. And as eveobody who has heard me talk on
this thing. I sa5, you can't have affordable housing if you don't have aflbrdable lixing and you can't
haxe a middle class in this toxxn, xxhich is what we are going to lose it' we don't address some of these
issnes, if we don't have stable property taxes. We i~ave got the land preservation issue, which again. I
am not against. I wish it all the support. I thank you for 3our effort and I hope. Tom, you guys are right
and it works but we just need to understand the cost. I am not even sasing ~e shouldn't spend the
money but we need to sit down. as an5 business would and sa5. we lnade a m~or commitment. 1 haxe
got to understand what this is going to cost the shareholders, the people xtho are going ~o pa5 the bill.
Oka5 ? \Ve got them. in Mattituck-Cutchogue. without nmking this parochial, in Mattituck-Cutchogue,
xte dodged a $40 million bond bullet. By the skin of our teeth. ['hat. as sure as the sun is coming up,
that issue is confing back ibr us. What if there is 200-300 new units? \Vhat if there is 400. 200 new
students in that school? What happens if that $40 million bond has to hnppen? Because unintended
conseqncnce, we have so taken the school that xxas on the cusp and pushed it over. The expense to the
other taxpayer now isn't proportional, it is disproportional because xxe have gone beyond what the
community was designed to absorb. I don't know if that is going to happen but we ought to be
analyzing it betbre xve build them. not when we are here at budget time and 5ou all explain Io us that
bou don't control the school budget, ~xhich is two-thirds of our property tax bill. So xte need to
nnderstand what is going to happen. We have a changing dynamic in this community, l-he census
June 29. 2004
Public Hearing-Aftbrdable Honsing
14
showed tls that the average house in Southold now has 21% more people thau it did before the last
census. It has also shox~n tls that people are now commuting 50 % longer thau they nsed to.
Councilman Edxvards, what that tells me is. we have a real bedroom community risk here, which is
people getting going the other way off this peninsnla, did I sa.',' peuinsula? What should I[ haxe said'?
SUPERV[SOR HORTON: You are free to sa3 whatever )ou like.
MR. LAROCCA: Well we will call it peninsula, were there are high paying jobs np islaud, without
the commercial tax base to support the needs of those communities. We need to understand ;~hat that
means, because that is what is killing taxes on the rest of kong Island. So if we lose affordable living,
if we don't have aftbrdable taxes. And Josh. Supervisor. you ~know. we sat in a couple of these budget
hearings now, you have seen the pain on these people's faces. This is uo joke. I will do this briefly, l
x',on't read them and I am not holding up these letters by the xva3. that any of these letter writers were
endorsers of what I am saying tonight but this goes to the issue that I don't thimk that we are looking at
enough, which is this nfiddle class threat I am talking about, these CUlTent homeowuer threat [ am
talkiug about. Here is one very recently, this one happened to relate to the school budget. And it says
in part. "this was one wa.',' tbr us to say loud and clear that we cannot afford living here if our taxes
continue to rise the way they have been." And this is the heart of every one of these sa3s. It says, "I
know man,; people who are now moving due to the rising local blah, blah, blah, property taxes, blah.
blah, blah. they can't afford the taxes and the3 are moving" and they are referring to current
homeowners. 17o try to be expeditious. I won't read these other ones, but there are others and often our
residential homeox~ hers. ct3 lng to you all. we can't afibrd these continuing tax increases and if we start
to have taxes like the rest of kong Island and I won't read you this sourcing from Nexvsday that has
places like Dix Hills paying at least $10.000 in property taxes or Quogue right across the way. with
average taxes starting at $11,000. We lose the stability of our taxes. 3ou can hexer build enough of
these prqiects to ever keep and preserve the dynamic that we are talking about here tonigbt. And just
to bring that point home to this issue, as 3ou all kno;~, even a tully assessed borne in Southold does not
cover its burden on the comrnunit3, the Conuty estinmtes that it is 30% short of its burden. Now. if
you build affordable's and if we don't think about them carefully, how man3 and where, and how they
affect our schools and our property taxes, now what do we have? Are they assessed at half value, a
third of value? And now what is the burden shifting to the rest of the community, l am not suggesting
that we don't need them, I am suggesting that we ha;e to understand that before we legislate and
empower politicians to allow them to be built. Let's first at least have the numbers. So first, it's
property taxes, which has to have more thau no work sessions discussing the impact. Second. you
have no community diversit3 at the end of the da5' if you don't have diversity of housing stock. And
we are losing the diversity of our housing stock in this toxin. That is. all of these cottages, which l
thought are the ideal aflbrdable first time home. They arc small, they are on small lots and many of
them are in the need of some TLC and some elbow grease, fhat, a beautithl stock of middle income,
first time home buying homes. And as we are talking about, and tell us the number, is it 25 you want
to put in Cutchogue. 50 yon ;~ant to put in my hamlet, 100 you want to put in m3 hamlet, it doesu't
matter becanse going out the hack door, we are losing all our housing stock and ;~e are losing the
nfiddle income people that live in those houses. We have got to. if we want to really have a socio-
economic diverse community and not a bunch of rich fblks in 3,500 square toot homes and a fexx
ribbon cutting ceremonies and a t'ex~ affordables in tox;n or iu my neighborhood or someone else's
neighborhood, v,e have got to look and sa3', how do we preserve our housing stock mix? Not an cas3
issue to take on but that is the root of the problem. We have 1.500 to 2.000 single and separate lots
June 29. 2004 15
Public Hearing-Affordable Housing
left. Hox~ many people have seen a cottage go tip on a lot lately? All that is going up on lots lately is
3.500 square toot homes and up. ]'hose are not affordable. Those are not going to gixe you
community diversity. So not only am I losing my cottages and sending my blend oft: all of my' new
houses don't reflect the current character of the community. [low do we address that issue if we really
xxant to enjoy the balanced communit3 that we are talking about here? And tile problem is. that not
onl3 isn't the govermnent 3et focusing on that issue. ,bose hard issues, and again, in tile issue of
expedient3. I will not read tbr you but pick up any weeks newspaper and go look at the ZBA. special
exception bere. special there, setback waived here, okay. a little higher over there, next to the neighbor
over here. Not only are xxe not stopping the conx ersion of our middle income stock in this town, we
are giving ax~a3 the exceptions at no charge to facilitate the loss of our lower middle income housing
stock in this toxin. So. the point l am trying to make there and I apologize ii' l am not quick enough is
that unless you are really planning to build hundreds and hundreds of government controlled housing
projects, in the hamlets, on tile Main Road. in all of our communities, it is not going to work but it may
xxell destro3', through innocent intention it ma3 well help destro.',' what xxe are setting out here to try to
preserve, which is the diversity of our current community. I am going to. the for,un l~/r this is not to
tender otber ideas, but I will suggest to you that belbre xxe go, the government legislation, government
in the building business route xxhich is subsequently what happens xxhen govermnent controls pricing,
location and density, why don't we first say. how can xxe bring together something that uses a
linaudible) to steal a page from the current administration'? Let's see if we can't use incentives and
disincentives to. first and tbremost, create accessory apartments in some of these homes. So instead of
pitting senior on fixed income against 3oung family needing the first step or young couple, instead of
pitting them against each other in a zeru. some you xxin. I lose game. ~naybe we can use incentives and
disincentix es to see if xxe can't create a win-win lbr both of them. And if your plan is 50 of these Io~v
cost projects in the hamlet, I guarantee you- l can't guarantee you. I suggest if we look at it. that
incentives and disincentixes will get you more than 50. diversely spread out around the community,
probabl3 right next door to ,ne. which is exactly xxbere some should be and xxe can help out both
constituencies instead of hurt both constituencies in the long run. Because unlike other cummunities,
we hax e an asset here that they don't have. We have a diverse community. More dixerse than most
places. The problem is, how do xxe stop losing that diversit> day in and day out at the Building
Department? ]'hat is the challenge because xxe are blessed with a diverse housing stock and sometimes
maybe when .~ou live someplace, you don't understand it. You know. if you lixe in Muttuntoxxn, this
solution doesn't work. But this is a town that is diverse and it can work. it has a high probability of
working, let's at least, just like we are doing with land use. first let's tO' to use these incentives and
disincentives, let's try to use market tbrces rather xcrsus govenm~ent intervention and let's see if we
can't, qnickly by the xxay. start to make these things xvork and not create tremendous community angst
and a higher tax bill at the end of the da3'. Because the question is not are there enough people that
would like ail inexpensive home. I don't need the stud3 tbr that. There are plent3. fhcre are plenty
and are there, please take this generically, are there enough politicians who would like to have a ribbon
Ch, ting ceremony saying thc3' helped those people'? I suggest to 3ou that in perpetuit), there will be
plenty of politicians, each graduating class of which is going to want to sa5' that it helped alleviate the
afl[)rdable bousing problem by building its oxxn special project. The question needs to be. ho~ many
can xxe affol'd to ha',e? [low xxill it affect our cmxent middle class'? Is it consistent x~itb the
preservation of a rural Southold? And xxill it realisticall3 x~ork, can we do it timel? And is it in/:act.
a long-term response? I think that that is a healthier question to ask tl)r the long-term viability of the
community than how many' would you like. Because then we can think strategicall.~ about how to
ensure that blended community. So please, again and I commend the stuff you are doin~ and it is easy
June 29, 2004
Public Hearing-Aftbrdable Housing
16
to look at the pieces you nlissed when you guys were in the forest trying to create this. [ think it is
clear I am not ascribing any ill intent whatsoever, but please, at a minimum let the hamlet studies
proceed first. Let them play out. Let's get some (inaudible) ibr three years, I need to understand more,
what is the right mix in a community to maintain diversity of strong middle class. [,et's understand,
~xhat is tile worktbrce housing relative to our commercial base'? Relative to community needs? And
how can xxe empower those? Let's look at that, just a little bit first. Let's make sure our civic
associations, which represent hundreds, probably thousands of local residents, and [ don't know the
answer to this, have we gone out to each of the presidents of our local cMcs and said, 'hey. you need
to be on this' Let them tell you, 'no, thank you'. so we can hold our presidents accountable for not
turning that down. But you want to get hamlet input, you want to get community input, you get an
invitation out to every civic who has been elected by his local community, make sure the3 are in there,
make sure that voice is being heard so they can go back to these communities and that voice can be
heard. And lastly, dare I go back, everyone loves referendum, I will say before you fundamentally
shift the potential density in any of our school districts, maybe even if it is non-binding, we should sa5',
is this really what the nmjority of the community is demanding, do they really want to change the
dynamics, do they want to see that impact on the schools'? If that is what we xxant, hold a non-binding
referendum if you want to affect the (tape change) by more than X in any one school district. Let's
make snre we have really given top mind share, not a side mind share, to current home oxxners and
particularly those ninny that are very much on the bubble right now as to whether they can live there.
As I thought to myself. I commend you tbr getting the ball rolling but please, let's not roll over on
middle class in the process. Let's just pull back, get a little data and there is plenty of time for this
legislation, if tile hamlets come back and sa3', you guys are right on, or maybe the5' got some good
input, let's not start patching together different pieces of legislation, let's not get egos involved saying
x~e alread.~ have the legislation piece. Please, time out. Gixe us the same due course xxe appropriately
afforded the landowners of toxxn. Let the process play out. Listen first, lead legislate second, fhank
you Josh, Supervisor and everybody on the Toxx n Board.
SUPERVISOR HORTON: Ms. Tole.
CATHY TOLE: Hello again, Cathy Tole from Greenport. I have a couple of questions, first, we are
using the 80% and 120% of the HUD median income and somehow this is connected to the County of
Suffolk median income. Is there a specific reason we do not use our Town median income'~
SLIPERV[SOR HORTON: I am tr3ing to turn to the place where that is.
COUNCILMAN ROMANELL[: hi,,' recollection is we only liuked it to it for the potential Count.',
funding.
MS. TOLE: Is this the funding that was asked about an horn' ago, where we didn't know if xxe were
going to ask for ....
SUPERVISOR HORTON: No, the reason, actually, I beliexe the reason, Philip, if you are here still
yoa can COtTect me if I am wrong but [ believe tile HUD guideline is what is recognized through the
t'ederally dispersed Community Development Block Grant. And I believe that is what Philip
recommended we use, being that they are really quite close. Whether it was Southold Town and
Suffolk County, to thc best of m3: understanding.
June 29, 2004
Public Hearing-Aflbrdable Housing
17
MS. TOLE: Can we get an answer as to whether they specifically reqnire Suffolk County median
income as opposed to Town of Southold?
SUPERVISOR HORTON: They do reqnire that, yes.
PHILIP BELTZ: Tile,,,' have u metropolitan statistical area that can either be a city. or they have
cotmties and it so happens that Suffolk-Nassau and that is this whole band of xxhat is determining
median income.
MS. TOLE: And they exclude Tov~n of Southold. they exclude Southold as a base to use?
MR. BELTZ: They do not include it. You apply by a block of xxhether it is a county or a cit5 and it is
Suffolk and Nassau because the3 share many of the same qualities.
MS. VOLE: Does an3body else understand that? l aln sorry, Phil, [ don't mean to be obtuse.
MR. BELTZ: They don't let ynu determine tile median income of your village or your city. fhey tell
3ou xxhat they determine the median income fi'om, So they xxill say it is Manhattan and Brooklyn or
the3 xxill say it is Nassau-Suftblk. They will say' it is Lawrence County. Kansas. The Federal
government detelmines tile blocks of where ....
SUPERVISOR HORTON: And Southold is included as part of that.
MS. TOEE: So xxe are using this so that xxe quality for Federal Block grants, in essence'?
MR. BELTZ: You could becanse it prox ides a benchmark of where to include and exclude.
MS. TOKE: Because I beliexe that we are really increasing our pool and that is xxhy I asked about it.
SUPERVISOR IIORTON: l think the median incomes for Suffolk County and the Town are within
percentages. The3 are really quite close to the best of my understanding.
MS. TOLE: Alright. [ tried to extrapolate it from the census statistics and it seemed prett3 xxide.
Substantially wider than you are suggesting. If it is what nmst be, [ knox', and trust Phil. 1 }lad made a
recommendation at the last hearing that I xxant to thank yon very much for considering and that v, as to
make sure that there ~xas a set nside of at least 50% of these units tbr those people earning no more
than 80% of this iacome le'~el. I have just asked for a minor adjustment to that because I probably
didn't make myself clear. Whnt I wanted to do is not say that 50% xxere to be designated for this group
but that at least 50%. And wh3 l ask lbr this little minor change itl language, if you shy 509,'o is to be
offered to this group it implies, it may be deemed to imply thnt it is restricted to 50%.
SUPERVISOR HORTON: Pat, can you make note of that?
MS. TOLE: And by dra~ving lots, if it comes out to more, I xxould like us to offer it. Thank you. 1.
too. am concerned about something that x*,as said here. And that is impact. [ understand that v,e are
rexxriting existing legislation to tD and better define how we use ultimately what will be. I guess, our
June 29. 2004
Public Hearing-Aftbrdable Housing
18
HALO districts. I am mostly concerned about the elderl5 homeoxxner and the marginalized
homemtner. Now I am talking about tile homeowner that has struggled to get their home or who just
bareb keeps their home. And nobody really has addressed ~xhat the cost to them in taxes is going to
be. I do believe we need to rewrite this legislation, I do belie`.e that this is a wonderfid rewrite in
ninny ways hoxvever, without considering these other tilings, I xtould ask that you kind of hold off until
we get these other elements. You have yonr hearings, you can rewrite 5'our legislation, you can re-
publish the legislation. But [ am not sure that there needs to be a rush to do this x~hen you can do it
and link it to what was brought up earlier and tthat Mr. LaRocca brought up tonight and that is,
legislation that is going to keep our existing affordable housing stock affordable. And if you are
concerned that we are rnshing all of this stnff out tile back door and nobody is going to have an3:
property available afterwards, 1 asked during the interim, xthile you are writing the ZBA new stuff and
the zoning new stuff and the affordable housing district nexv stuff, that we show some true, real support
and publicity for the Community Land ]7rust. that we can do our best to bring them into a role where
they can start working on these small units that are dispersed within our communities. You may not
realize that what this sort of legislation standing alone does is. creates a tear. A tear of clustering, the
people in these clusters will be stignmtized. It happened before. People that [ speak with~ and myself;
who are very supportive of aflbrdable housing opportnnities for people, we believe they should be
defined in man5 ways. including affordable rental. '.er3' important. Decent affordable rentals. And we
also believe that the.,, need to be singlethmib homes that are spread throughout our communities.
Nobod3 has a problem with an affordable house next door. I have not heard an3body complain about
that. They are concerned about. [hey are concerned about large groups. And this sort of legislation
because it doesn't stipulate exactly where an AHD must be, how somebody could stop it if it affects
them adversely, all of those things: the5' have a greater anxiety. We don't haxe the companion
legislation that goes with this. We don't have the enforcement that goes txith fifis. We don't have file
other controlling tbrces in this, that trill help alleviate the public's tear. And to plow ahead and
disregard that tear. l think is inappropriate. To plow ahead xxithout deciding x~hat the ultimate cost. to
especially those txxo classes of people arc. the elderly on fixed incomes and the inarginalized
homeoxtner. I think is careless. [ txou[d ask 3ou to hold offon this, a little tweaking, a little fine tuning
but more important, hold offuntil the compmfion legislation is ready to come off3our table, too. Have
3our hearings, bring in the other elements and let everybody see. once again, let everybody see where
all of your ideas come together. ]Thank 3ou.
SUPERVISOR HORTON: Yes. Ms. Ri`.e.
ANDREA RIVE: Andrea Rive, Nett Suftblk. l,just haxe a question Ibr Mr. LaRocca.
SUPERVISOR HORTON: Actuall3. if you don't mind. comments to be addressed to the Board. I try
to keep back and tbrth from happening between people in the andience.
MS. RIVE: I felt that the factor ofdixersity ttas brought up and I wanted to explore what diversity he
sees now because tvhen I look around. I see an awful lot of single t'amily homes and xte find that that is
not ,neeting the needs of this community. 1 jnst didn't understand what he tneant \then he said
diversity and he is talking projects ....
SUPERVISOR HORTON: Well, if there is one thing that I can promise you, is that he will be happy
to speak to you and explain that.
June 29, 2004
Public Hearing-Aftbrdable Housing
19
SUPERVISOR HORTON: ]7hanks, Ms. Rive. appreciate it. Yes. ma'am.
NANCY CINCOTTA: Nanc3 Cincotta. Cutchogue. I guess in hearing some of the comments other
people have made, I have to r~pologize, I wasn't here for the must recent meeting. Was it about a
month ago'? I was about a week awa.,, l¥om hax lng a baby, so obviously I couldn't get there.
SUPERVISOR HORTON: Congratulations.
MS. CINCOq~TA: So, in terms of being a young ['amily in the area. as a homeoxxner, I guess my
husband and I lhll into that category of marginalized homeowners. So I thank you lbr being
considerate of us and I just wanted to bring up some questions, some issues that I hadn't seen
addressed in. at least, the papers, not having been here for the meeting myselfi I wrote them down for
the most part just because post-partum memory loss, kind of embarrassing. To add one more
consideration to the discussion of the affordable or xxorkforce housing issue, please allow me to
describe one of the types of people who are hoping it will be implemented lbr tbeir own benefit.
Belnre I describe the type of person that 1 ran into, I first want to sa5' that I am in lavor of affordable
workforcc housing. There are some concerns that I have. one being the 120% of the median income
and the other being the order of prioritizing that you are giving each of the categories of people. Those
who live and work here first, those who live and don't work here second, those who work and don't
live here third and blah, blah. blah. So. not too long ago. I encountered a yomlg mother with her
adorable child. Both mother and child were impeccably dressed in the latest style. The young woman
~xas a stay-at-home mom, by choice. We were standing in her parents-owned retail business and she
motioned with a hand adorned with a diamond engagement ring, tbur times the size of mine. that she
could work here, and she could exen bring her daughter there, precluding the need for expensive,
outside childcare. But she said. xxell, I don't ~xant to do that. And she was complaining that. while she
rents a single-faufily home on a nice, quiet street in Cutchogue, she couldn't wait lbr afi:brdable
housing to be built because she lklt that she should be getting into that. You might see xxhere [ am
going xxith this. I i-bund this interesting, as 1 have been raised to be responsible/bt one's own financial
situation, as much as you are capable. Not willing, capable. I drive a nine year old car. The ~ear my
husband and I scrimped to get this house, he was driving a 13 5'ear old car. The only additional thing
he added to it was tinted windows, so that between the three jobs he was xxorking, he would pull over
and sleep. He pronfised me be would do that. instead of getting into an accident, being so tired. I
think we fit the criteria lbr marginalized homeowners. We bought a fixer-upper and xxe camp out in it
until all the repairs can be done. Tom. you have seen my house. Most people wouldn't want to live in
it, x~ouldn't 3ou sa}-?
COUNCIl, MAN W[CKIIAM: I love it.
SUPERVISOR HORTON: 1 think your house is beautifltl.
MS. CINCOTTA: And we also postponed starting a family until xxe could afford to pay all of our oxxn
bills, including those that increased due to an addition to the family. Like [ said. we drive the older
cars. xxe ~xear older clothes: m~ business suits-some of them four or five years old but I bare to wear
them because that is what we can afford. And I was told to live within your means. So. as my
husband and I drive up island to work, a mini~num of 100 ufiles each and for me it is almost 200 miles
many da3 s. and haxe to schlep our child to utilize the services of an outside childcare prox ider. not by
June 29. 2004
Public ltearing-Attbrdable Housing
2O
choice, but by necessity: to make enough mouey to pa5' our own way here on the North Fork and to
cover the cost of aflbrdable housing, you can imagine that finding people that truly need it is going to
make the difl'erence betxveen this is a tolerable pill to swallow or a really bitter pill to swallow. You
know what I mean? Don't get me x~rong, like I said, I aln all for supporting those in need but for those
;;ho ate truly in need. And when you talk about 120% of the median income, that is not snch a bad
living. In fact, my husband and 1 were making less than that when we bought our house. Granted, we
were on the upswing of the housing boom with the prices, not ~xhere they are now, but still, in
comparison ~xhat we did ;;hen ;;e bought our house. Then, I hear, to make it even a little bit less
tolerable, 1 hear that 5ou are proposing to give priority to those who lixe and work in the area. Getting
to ;~ork in your own backyard is a luxuo'. It is not an entitlement. And I just feel that if ;;e are not
really careful. ,~ou are not going to go down in history as the FDR's of Southold Town. You are going
to go down in. you know, who really saved people ~vho were truly in need, if' you are nol careful, we
might go down in histor5 as perpetuating an entitlement generation. I have been here, I am
entitled...there/:bre. You know ;','hat I mean? So those are jast my concerns, those are my hopes, that
yott would take them into consideration when you are making 5 our judgments and I guess, let us know
x~ hat you are planning on doing to ensure proper appropriation of these tax fi~nded resources. Fhat's it.
SUPERVISOR HORTON: Thank you. Reverend DeArmitt.
LORIC41NE DEARMITT: Thank you. I am Reverend Lorraine DeArnritt of Southold United
Methodist. I was at a meeting sometime this week, 1 thiak it ;;as Tuesday. the Long Island Housing
Partnership. Senator Schumer ;;as speaking there and if I am quoting him correctly, [ think that he
said that over the last eight years, housing costs in Suffolk County have gone up 81%. I cannot
inmgine that Southold Town has lagged that much behind the rest of Suffolk County. He made an
interesting point, he said that Long Island has put an awfifl lot of money and effort into building up
some of the very best school districts in the country. We are going to great lengths to educate our
young people well but they are not staying in Suftblk County and the,,,' are not staying in the Town of
Southold because they can't afford to stay here. The.',' go away to college and then they make their
lives, either in their folks basement Ibr a ~xhile: but they make their lives somewhere else. There has
been a lot of talk about 120% median income and I just looked at the figures and it is, I would just like
to remind tls of what that is. If the median income for a family of two. let's say a young couple, is
$68,000 well then, 120% of that median xvould be $81,000. That, I guess most common sense and
most mortgage companies wonld say that with an income of $81.000 folks can reasonably afford a
house of about $240.000. That is not lbund. These little bungalows are running $300,000-$400,000.
We understand .xoa simply cannot find something fbr $240.0(10 in the To;;n of Southold. Five 5ears
ago. maybe. Not nmv and not next .,,'ear and probabb not five 5ears from nox~. Our 5'otmg families, in
Ih. ct. arc mo;lng away because they can't afl'nrd to live here and at least that was my understanding of
why we ;;ere thinking about affordable housing to begin with. I ;~as contused about what the T(mn
was thinking about in terms of affordable housing. You are not thiltking about projects.. I think co-op
city. We are not thinking 100 units in one little area'?
SUPERVISOR lfORTON: No.
REVEREND DEARiVlI]YT: No. I didn't think so, either. Alright. Fhank you.
SUPERVISOR HORTON: Thank you. Are their other comments? Yes. ma'am.
June 29, 2004
Public Hearing-Aftbrdable Housing
21
JULIE AIMPER: Julie Amper. Mattituck. First of all. I want to sa5: that I agree with everything Mr.
LaRocca said but and l do hope 3ou will take a step back and give some consideration to homeox~ners.
I jnst had a qnestion about the long range viability of this program. You have a lot of rules and
regulations to qualify for purchase and about sub-letting your purchased home but how do 3ou police
or guarantee that these houses will be owned by people to continue to need an aflbrdable house? I
mean, to me, these will become the rent-controlled apamnents that my millionaire friends own in
M[anhattan and wouldn't give up in a million years, because why xxould you? Use them as an overflow
summer cottage xxhen 5ou buy: a bay ~?ont house, five years from nox~. Ten years down the line. the
same people could own these houses and could be ~orth eight-nine million dollars each. They just
keep them in the family, give them to their children, there is nothing here that sass, once you no longer
need affordable housing .5ou have to get out of them. And I think then. you are going to hax e to start
building more aflbrdable houses. So. [ am not sure that this is a good solution. Thank you.
SUPERVISOR HORTON: Thank 3ou. Ms. Amper. Mr. Blum.
WALTER BLUM: Hi, Walter Blum from Greenport. As tar as what the other lad3: said about children
graduating from colleges, good colleges and you are putting 3'our kids into good schools: what usually
happens in those cases is that they find jobs. They find good jobs and the5' are not usually in their
comnmnity, they usuall3 have to go to larger cities, larger areas x~here money is spent on a more freer
basis. You find different things and I am. my son and my daughter are both examples or'that. It is just
a matter of what happens in society, I think. [ just want to address that qnestion or that statement that
she made. I would like to ask you, Mr. Horton. a question regarding the taxes that x~ould be received
from workforce housing. Would the3 be payiug the same tax rate as everyone else in the community
or do the,',' have a scaled down rate'?
SUPERVISOR HORTON: [his legislation doesn't provide for an.',' tax rate abatements.
MR. BLUM: Does Goxernor Pataki offer something though? I understand there was a hill that was
passed x~ith affordable housing?
SUPERVISOR HORTON: l am not familiar with it. Perhaps I should be but I am not.
MR. BLLJM: l think 3ou should be because fi'om what I understand ....
SUPERVISOR HORTON: But if the Governor passed it, it would simply be enabling legislation for a
municipality to enact and I know it hasn't come across the [ov, n Board's desk. so to speuk.
MR. BLI[M: Alright. Because I know tie was looking at trying to help aflbrdable housing, itl that
regard, with taxes. [f that is the case, it is going to put more of a burden on exeryone else. I would
also like to ask ?u a question regarding a study that was done for worktbrce housing about a year ago
from Jay Applegate. And Mr. Applegnte. [ believe, was an investment banker and he had, according to
an article that I read in Nex~sdny. stated that there now exists, xvithont building new homes, npx~ard of
about 300 properties or apartments within Southold and Mattituck area alone. Are yoa mxare of that?
SUPERVISOR HOR]7ON: Ax~are off I aln not sure I understand.
June 29, 2004 22
Public Hearing-At'tbrdable Housing
MR. BL[IM: Well, did you have a study done by Jay Applegate?
SUPERVISOR HORTON: I bad a comnfittee, which he was on. Con'ect. And tben Ibat committee
did make a report to the Board. l believe it xxas entered into an ot'ficial record of the Town Clerk.
MR. BL[ riX'l: And what xsas the findings to the Board'?
SUPERVISOR HORTON: I can't recall. I can't elaborate on that specifically, [ don't have that in
front of me. There were several references, you know, talking about accessory apartnlents and...
MR. B[.[ tM: It was an article, "This land is your land."
SUPERVISOR HORTON: I know that they also heavily endorsed the Commnnily Land Trust
concept, sxhich the -17oss n Board does as well.
MR. BL[JM: I have the article, if yon $~ish to look at it to review it. But basically what il is stating is
that there are over 300 properties, that without building a new house in this community, so be is talking
about apartments and what Mr. LaRocca would say. Masbe you have some elderly people that could
take part of house and make it into an apartment for people and we wotfid be helping both parties at the
same time. I think this is a great idea.
SUPERVISOR HORTON: And the Board feels red similarly. In lhct last year x~e amended some of
onr zoning codes to alloss the creation of apartments in snrious zoning districts.
MR. BLUM: I also understand that there is monies available, provided [br to assist in making new
apartments. [ think you are as~are of that. too. Because there was an article also in Newsda.',. going
back a litw months ago. sxhere ....
SUPERVISOR HORTON: I know that [ helped negotiate with John Kanas in North Fork [lank, a low-
in[crest loan program, specific/bt Southold, where North Fork Bank would put up and l am not trying
to sell North Fork Bank, I am just explaining to you ssbat [ xsorked on. Where North Fork Bank ssould
actually put up. I think, up to $40,000 for Sou[hold Town resident at a fixed rate of 4% over 10 .','ears if
it ssas to be. to go towards a creation of an apartment in that building in Southold Town.
MR. BLUIXI: Was there a young couple, also in Greenport. tbat did something with their house? And
I understand that ssas a grant.
SI. PERVISOR HORTON: It is possible. [ don't know exactly.
MR. BLUM: l don't even think that had to be paid back.
SUPERVISOR [t()R'[()N: I don't....it wasn't something that [ xxas involved with.
MR. B[,UM: I think there is a lot of things that we haven't really looked at and [ am just trying to
make .~oa axsare of some of these things and I think xse should reall3 look at it. rather than just
jnmping into building new homes and then finding out that we have a huge tax base that sst bare to
June 29. 2004
Public Hearing-Affordable [lousing
23
cotnpensate tbr. And what Mr. LaRocca was saying is absolntely true. He also touched on whether
we want to put houses into Community Land frust. \Vhether that is really the idea. It moves away
from the idea of the American dream of people having a honse and building some kind or' equity. 1
haxe said this betbre and I will sa5' it again, [ really feel that you have to haxe _~ stake in the
community, l don't think that the.,,' do. Thal¢. you.
SUPERVISOR HORTON: [hank you. Ms. Norden.
MELANIE NORDEN: Some of the points that many of us raised earlier at the earlier hearing this
evening had to do with community xisioning and looking towards the furore. And one nf the things
that the Board is charged ~vith is not just the specifics of the legislation but xxorking in a process that
we have some notion of where we are going and what the landscape, both from a socio and economic
and physical and environmental perspective xxill look like. Now I knoxv that you have explored other
options and I do kmow that you incorporated a number of the points that were raised in the former
public hearing on June 15 and many of us appreciate the lhct that that was aver) good, open, solid
hearing that x~as actually one of the best back and lbrth discussions that we had and we did survive it
and we still are speaking, presumably, to each other. And I do think that there were some very good
things added to the legislation but I have to say this legislation pre-supposes a certain vision. And the
vision is nexv housing altogether, probably vinyl covered in its own place, maybe here. maybe there.
Maybe in Greenport. ma3be in Mattituck, in Cntchogue. blah. blah, blah. But just the xxay the
legislation is written, tells us xxhat we are going to get. And when xxe think about the other kind of
al:tbrdable housing, the notion of the refurbishment of historic properties, where there is presen'ation
monies-federal and state-that are reall5 available, ahhongh it is not always a value, it is a value in this
community. '[hat preservation does make difference, we can preserve some historic housing stock, xve
eau preserve some existing housing stock, x~¢ can comert and re-hab housing stock but none of that
really is part of this legislation. What we really are addressing is the income and the kind of apartment
you are going to have or ma5 be 3ou are going to have an aflbrdable, but this is all basically looked at
from a point of viex~ of establishing ne~v housing, all of which is afl-brdable, all of ~vhich is in one area.
All of which is for xxant ora better word. a project. And so we would like to encourage you to broaden
this housing legislation and reall5 address the issue of refurbishment, revitalization of downtoxx n and
other kinds of housing stock in various hamlets, to look at the issue of mixed use. not just all
aflbrdable in one area. To look at at'tbrdable housings throughout and dispersed thronghout our
communities, rather than.just in one area and to also again look at what we talked about betbre in terms
of the pyramid law and not selling all of our existing potential afl-brdable housing stock down the drain
by allowing people to come in and convert 1,400 square loot cottages into 4.000 square Ibot nmnsions.
So I think we need to go back to the drawing boards 3ct again. I know that you guys have talked to
other developers, I kuoxx [br example, according to your minutes Mr. Nickles was here talking about
snbdivisions and talking about legislation, we know you have talked to Richard Israel, when are you
planning to talk to us? Just the average, ordinary gu3'? When did you last call me np. or anybody in
my community,just the average tax person? Possibl3 the senior citizen. Nobody that ouns a business.
not a big property ox~ner, just the a~erage person. Where is that person going to fit in? Now we 'know
we have the hamlet commiuees bnt he3', you haxen't listened to them 5'et. Those committees aren't
even in existence 3'et. So come on. We xxant you to listen to our concerns. Tx~o weeks ago. [ talked
about you cannot create equitability for one group of people without making things equitable for
another group of people. You cannot throw us out of the equation by saying that we haxe this oxer-
arching affordable housing need and by the way guys. we are not even going to define it tbr you. We
June 29. 2004 24
Pnblic Hearing-Aftbrdable Housing
are not going to tell you how much it is going to cost, we are not going to tell you xxho needs it, xxe are
not fur whom, xxe are not even going to tell you xxhere they are working. Because I can assure you.
with the income levels that are paid locally, which is another whole part of tile equation that we
haven't even discussed in terms of local workforce, these guys are not x~orking for $8 an hour at tile
Arcade, So x~bere these people are ~xorking. whether it is local xxorktbrce housing, there is; so lnuch of
this wild, sticky wicket that we haven't even begun to explore and yet the legislation creates its own
vision already. It creates affordable housing, brand nexx. in a particular area. all aflbrdable. Maybe
some xxill haxe accessor3 apartlnents, maybe the3 xxotft. ]The price is probably going to be dictated by
what the developer thinks he can sell it for, with a little profit thrown in and I think we can do better
than that. I think we have a very vibrant, intelligent and diverse corurnunity of people that can come
together that xxe can have a Community Land Trust solutiou tbr some housing in some areas, we can
haxe rental housing and refurbished housing stock in another but tile legislation has to incorporate, at
least as a benclmmrk, the breadth and scope of what we are talking about. Because otherwise you have
just created legislation that by its very nature underscores only one kind of housing, which is only one
kind of dialogue and with all due respect, it is a dialogue xxith local developers. We ~vould like you to
start dialoguing xxith the average guy as well and ask us, the taxpayer and the electorate, ~hat we
think. Because I draft even know that that many people in the Town of Southold see this as the largest
problem facing the Toxxn right uox~. I think that we see the fact of not knoxxing xxhere we are going
and not having a road map lbr the future as a far more serious problem and one that we should ail
begin to address together. So, I think that xxe have some good starts here, I think it needs to be re-
tbcused to include other options lbr affordable housing-new, refurbished, old, next to apartments.
rentals. We should be able to take tile whole breadth of it in because it is not simply the' single thmily
home. A~tbrdable housing does not onb mean aflbrdable home. single home ownership, fhat is only
one definition of aflbrdable housing. So we need sale, secure housing but it doesn't have to be, one
person per one acre, per half acre, per quarter acre itl one home. So let's see il' we can use even a
greater imagination to create legislation that we all can be extremely proud of and that x~ould be the
very kind of iuclusMty that 3ou have talked about trying to create in subdivision legislation. Thank
5ou.
SLIPERVISOR HORTON: Thank you. Ms. Norden. Are there other comments? Yes. Ms. Schroeder.
GWhr~xlN SCHROEDER: Gwylm Schroeder, North Fork Environmental Council. And today I knoxv
that you approved a permit for somebody to put a temporary: trailer on a lot in Southold and I happen to
kuow, they are friends of mine, that they qualified lbr an affordable house itl the Elijah Lane
development. Now. they bought. I believe that lot is creek front and they are building a new home.
And I thiuk xxhat this legislation does and they are my fi'iends and god bless them and [ am joyful lbr
them that they have this prosperity and can aftbrd a creek fi'ont lot but the? don't ha~e to give anything
back. ]'hat is my understanding. They got a grant from the Toxin. so this legislation, [ think, at least
goes a big part itl correcting that problem. They are tn5' l¥iends, I Ioxe them but you have to give
something back if 3ou have that kind of prosperity. I think there are a lot of right, good things with
this legislation bot what I am hearing from everybody and from xxhat NFEC is t~arful of is 3ou are not
telling people how many. where, xxhat kind. And xxheu x~e talk about a comprehensi'~e plan, all these
things lit together aud it is [bar, people don't know what you have itl store for us. And [ think that
cxerybody agrees that we have to find creative solutions lbr aftbrdable honsing but you are not giving
us enough infommtion about what kind the5 are going to be, where the3 are going to be and how many
there are going to be. I think this AHD district. I think ultimately yon guys haxe to decide lnany
June 29. 2004
Public Hearing-Affbrdable Housing
25
bnilding housing units you are going to allow in this toxxn. What kind are they going to be atlbrdable
housing, are the3 going to be mansions on thrm fields and have a number, a build-out scenario and sa3',
okay. xxe are going to make tough choices here because x~e can't have everything. We can't have
everything and I think a strong message that the COlmnuuity has gixen over decades of time is that
Southold is a special place, we want to preserve it. People fi'om up the island, that ~xere so, there was a
piece on Newsl 2 abont the Strawberry Festival. that people fi'om kindenhurst think that it is important
to preserxe this place. I mean they thitfl< it is important. That is very important to the people that live
here and people that don't live here. The other thing is eutbrcement, l think if you are going to have
this housing initiative, you have to fund it for success. You can't have one person, in one department
doing everything. It xxon't work. If this is the road 3ou are going to go down. 3ou haxe to fund that.
And again, all I would say is like. take a breath, because even if you enact this legislation tomorroxx,
you have taken out the provision that an AHD has to be smMced by public water and public sexx:er. So,
you are not going to get this kind of density unless 3ou come tip with a plan. And the plan that you
have in the works is creating a sewer bank. Where those sewer credits are comiug from is open space.
Preserved open space. And what I think you are not being upfi'ont about is that what people think of
preserved is preserved. I don't have to worry about 10 houses popping up on that property because the
town has preserved it. When you take those sewer credits off that land and plop them down in an
AHD district, you have a de facto TDR program. Without any of tile planning and thought behind it.
And all, I think what everybody here tonight is asking, is what are your goals'? What are the plans?
How do all these differeut initiatives mesh? \Vhat are the3 going to mean to us ultimately as
taxpayers, to our quality of litTe'? So I just xxould ask that 3ou, and at the minimum, wait until the
hamlet studies are done. Wait till the hamlet studies are done. Where are we going to put these things?
l'hanks.
SUPERVISOR HOR[ON: Thanks, Gxvynn. Yes, ma'am. And then I xxill get you next.. Cathy.
ADRIENNE OREENBERG: Adrienne Greenberg, Greenport. I just have a question. Was this
hearing, right uow, comments fi'om us and then you are going to definitely have a vote or were 3 ou not
considering having a vote because you wanted to ,just get total input, is there going to be a vote
sometime this evening? Or are you going to think about xoting or not going to vote at all? I guess
three choices. A, B or C.
SLIPERVISOR HORTON: ]'he Town can vote and ....
MS. GREENBERG: Were you going to vote on this or was it a .....
SUPERVISOR HORTON: If there is substautial input that a Board member or a variety nt' Board
members feel should prevent this from being ~oted on this evening, that is a possibility. It could be
voted on this evening as well.
MS. GREENBF~RG: So the plan xxas to vote on this?
SUPERVISOR HORI-ON: I felt comfortable voting on it, 3'es.
MS. GREENBERG: So then why are we all here? Thank you.
June 29, 2004
Public Hearing-Aftbrdable Honsing
26
SUPERVISOR HORTON: Thank yon. Cathy.
CATHY TOLE: When you discussed this legislation, the concept of affordable housing districts or re-
writing this regulation on AHD's. was there a discussion ora sewer credit bank or something like that?
SUPERVISOR HORTON: The Toxin Board for many: months has been discussing a bank of sanitary
ilo'.,, credits, yes.
MS. TOLE: Was there any discussion that these sewer credits would come t¥om land that was
preserved using the 2% preservation money that we all paid'?
SUPERVISOR HORTON: You cannot take sanitary flo~v credits, what you are speaking of. ti'om land
that has already been preserved. No. It is not the intention of the Board.
MS. FOLE: 1 didn't ask that. On future purchases, are you intending to use the mone5 that we. the
Town. is snpposed to spend on preserving open space. When you bu.',' open space through that 2%
fund, x~ill you be transferring any of those future purchases, sewer credits, lbr density elsewhere?
SUPERVISOR HORTON: The CPF legislation has enabling language tbr that and thut is a concept
that the Board has discussed openly, you know. in open sessions..And the county is also...x~elL we
don't bare any draft legislation to bring fomard on it. We haven't taken it to the step of bringing it to
the public.
MS. TOLE: That is so in opposition of the intent of people who went out to support that legis{ation. It
was not the intent to move it into an AHD.
SUPERVISOR HORTON: '[hat is not ~xhat is being proposed here tonight, Cathy.
MS. FOLE: People wanted....it is all part of your. it is why a month ago to a great deal of applause,
we asked that you give us a grand plan, not that things surface piecemeal. Not that we find out that
yon put in the AHD legislation, you put in the zoning legislation, right after the next hearing where we
are all whistling up our drawers. ]7hat you are going to piecemeal this to death and x~e never get the
tull picture until after it is all over. I am asking, don't vote on this. Gixe us a damn outline of what
your plans are. I am so frustrated coming here every two weeks tbr the last txxo 3ears tbr a moratorium
that comes up with piecemeal, we still don't have a picture of x~here you guy s are going. A snapshot.
I don't xxant all the legislation tomorrow. Gi~e us a snapshot. Josh. Don't keep giving us these little
dribbles and pieces. Let us know x~bere we stand. Don't vote on this. don't xote on the zoni~ag. Keep
bringing it out, give os a plan in two weeks of x~here you are heading, xxhat xou are expecting to do,
u, hat 5our general philosophy is as a document that can be put together in days and put out on your
x~ebsite. You can do all of tlmt, you are more than capable of doing tlmt. You wrote some incredible
legislation but don't enact it piecemeal. Have hearings piecemeal, gixe us a big plan. Give us hearing,
hearing, bearing, hearing, so that we know where it all tails in and xote on it six months from now if
you haxe to. But stop nickel and dimeing us on this stnff where x~e don't know where we stand, you
are going ahead and 3ou are voting on this and you do it all the time and I have got to tell you, it
angers people.
June 29. 2004
Public Hearing-Affordable Housing
27
SUPERVISOR HORTON: What do we do all the time. Cathy? We don't vote on things haphazardly
all the time.
MS. TOLE: You listen to people, that side, this side. The (inaudible), the deals are made and that is
the perception.
SUPERVISOR HORTON: There are not deals and x~e...
MS. TOLE: It is a done deal. It is a done deal before we walk into this room and that is the
perception. I am not so much angry as frustrated. And I hear more and more people in that same court.
We are asking to know what you want to do with our Town.
SUPERVISOR HOR]7ON: Are there other comments from the floor on this specific legislation? Yes,
sir.
FAUSTO CIMIDOR: My' name is Fausto Cimidor. I ;~ould like to poll the Board on whether they are
going to vote tonight. Starting at this end.
COUNCILMAN ROMANELLI: I will sa3. as [ came into this meeting tonight, I was anticipating to
vote on this legislation tonight. As I sit here and listen to people and I listen to my close friend. Vinnie
LaRocca give his speech and many of you bring out some very, very valid points. [he young woman
who left here earlier, she hit me pretty hard with her comments. So, 3ou know, when it came time to
vote tonight, I x~as going to step back and ask this Board to. and I want to step back and ask the Board
not to vote tonight but I don't xvant to discredit and I think everyone out here should understand, too.
A lot of work has gone into this legislation and some of the comments, where x~e are piecemealing
things together and we go ahead and ~ote, well, I have been up here noxx for going on three 3'ears wifl~
the same and we pass nothing. So there have been no votes that are going on that we ate not letting
you know an3thing about because xve haven't changed any zoning laws, we haven't changed an AHD
zone, we haven't created any new developlnents, so no, nothing is going on. So I think everyone needs
to nnderstand that there are no votes going on right now that no one knox, s about. So that perception.
throxv it out the windov,, it doesn't exist, okay? No votes have been done. But let's gel. on to the fact
that we do have a problem in the Towm if you want to call it perceived or not and I will tell 3ou from,
son-3' Melanie, from a business owners standpoint, from a guy x~ho has to provide service for many of
you in this andience as x~e look out here, if we don't deal ~xith the issue that we have in this toxin, you
are not going to get service when you call on a Saturday or a Sunday. And each business owner has to
deal with it in their own way and I have. But it is a problem that is through out there and x~e cannot
ignore the problem and the issue of using some of the existing stock, it is a wonderthl idea. a
xvonderful concept. I happen to like that idea of using existing housing stock but that takes mone3 and
when we all stand up here and talk about that, let's all remember when it comes time for you to sell
your house, sell it to ?ur neighbors kid tbr $150.000 and not for $450,00 because we are all
concerned, x~,e are worried about our neighborhood. So if we are all going to stand here and preach
how wonderfnl and ho~ bad this legislation is and x~e need to do something else and you are going to
stand here and preach and not come up x~ith real ideas on box& to do something else. remember that
when you put your house on the market.
MS. TOLE: John. you pay a lixing xxage to 5'our emplosces.
June 29, 2004
Public Hearing-Aftbrdable Housing
28
COUNCILMAN ROMANEEEI: Yes.
NIS. TOLE: You are a good boss and [ know that.
COUNCILMAN ROMANELLI: And they still have a hard time surviving here.
MS. TOLE: Yes. And yon knoxx what? Homeownership is a hard thing.
COUNCILMAN ROMANELLI: Absolutely. I agree with.
MS. TOE.E: I struggle, probably ex er.,,body here struggled. So it is kind of this fhlse thing that you as
a businessnmn, I will tell you the other perception. John, I know )otb. I respect Sou and [ respect the
other people on this Board but danmfit, the business community had a need. Barn. We rezoned
Light Industrial.
COUNCILblAN ROMANELLI: It is true.
blS. TOLE: Yeah. Barn.
CO[;NC[LblAN ROMANELLI: Right.
MS. TOLE: So. you got a plan. You went ahead. You took care of their needs. We are asking you to
hold off and to take care of our needs and our coucerns, too. We are asking for a picture. You are
going to piecemeal, if you do this. you pass the Light Industrial up there, you are goiug to pass this
AHD tonight we are going to hold a second hearing on the zoning on the 106A or the A 106. whatever
it is. that you had the hearing on earlier tonight and Barn, after that you are going to put that in and we
still don't know what .,,'our Iongterm plans are tbr the whole scheme.
COUNCILMAN ROMANELLI: You are right.
MS. TOLE: Do you remember the first moratorium hearing. Six months will never be euough. All of
you, [ said. gixe it two years, if you haxe got to cut it short, you cut it short. You all think you kuow
the ansx~ers until you hear from people and hear l¥om people and hear from people.
COUNCILMAN RONIANELLI: You are right.
MS. TOLE: Give us a chance to tell you what ~e think of the big plau. Because we can't intelligentl3
even address all of these issues about the affordable housing v, ithout knowing that big plan. And we
have a Iol of good ideas ont here. too. You know that, gentlemen?
COLINCILNI.&N ROMANELLI: We get some of our best from the audience.
MS. TOLE: l'hat's right.
CO[JNCILNIAN ROMANELLI: We get some of our best from the public.
June 29. 2004 29
Public Hearing-Affordable Housing
SUPERVISOR HORTON: And in tact. in fact. most of the comments and additions to this legislation
xxerc from the public.
MS. ]X)LE: The little stnff, maybe.
SUPERVISOR HORTON: No. no. The major. Because understand this. excuse me ..... this legislation
already exists on the books today. This is not a new zoning code to the Town of Sonthold chapter.
[bey are amendments. And they are amendments brought forth over the past txxo years.
COUNCILMAN ROMANE[LI: l'hat is right.
SUPERVISOR HORTON: Mauy from John. many from members ot'the public. Many from Philip
Beltz. Many from people in this room. This has been a collaborative effort. One small piece of the
pie. And l think it is xeD' strong legislation.
COUNCILMAN ROMANELLI: I do think it makes sense to wait for those hamlet studies. I thit4:
that is a very strong argument, to at least reach back and see what the hamlet studies come np with.
SUPERVISOR HORTON: And you would like the poll finished, so...
MR. CIMIDOR: I would like the poll to continue.
SUPERVISOR HORTON: Excuse me. Okay. We will do that and then we will get back to tile public
hearing, which xxe are in the middle ot: That is the way I tied. we should continue tile public: hearing
INAUDIBLE COMMEN rs FROM ALIDIENCE
SUPERVISOR HORTON: The public hearing as it pertains to the AHD zone, are there other
comments in regard to it'? Yes, Mr. Huntington, I xxill get you next.
IL&Y HUNTINGTON: Ra3 Huntington, Cutchogue. The legislation that we are discussing tbcuses
power in the hands of the Town Board and the Planning Board in a wa)' that can get things done. l
find that kind of interesting and refi'eshing. Howexer, it has got some risks, too. It neglects two or
three of the most promising ideas and maybe there is a reason lbr this neglect. [he first idea is
goxemment or trust o~vnership of the land as opposed to the capital improxement. It makes no
mention of that. It neglects refurbishment of existing housing stocks and it does not mention that. It
does not mention nor does it mentk)n the distribntion of this idea, the distribution of affordable housing
throughout the Toxin to avoid concentration, let's call them, ghettos. [hose three factors I find
missing froln the legislation and there may be a reason lb: that. I have been puzzled about rt. With
respect to the poxver that it puts in the hands of the Town Board and the Planning Board, [ suggest that
there be cap. perhaps 40 acres. 200 units. I like the idea of empoxxering progress around here. At the
same time, when you give the keys to the car out, 3ou like to get them back in the morning. So that is
the thought that I have on that. ]7here are a couple of minor things. Maybe not so minor but I would
like to mention them. As I go through the text, it mentions the Consumer Price Index very generalb.
It does not mention it specifically. I think that is an item that xxants to be specific, New York. New
June 2c), 2004
Public Hearing-Affordable Housing
3O
Jerse.~ ....... As ~ve go deeper into it. it talks about the comprehensive plan. x~hen will you define what
the comprehensixe plan is'? And I didn't mean to make that soand that I was annoyed so much. I am
overjo3ed that x~e are headed tm~ards the comprebensi~e plan, I think it is marvelous. But it makes it
sound in this legislatiou as tbough it exists, and it does not. Again, on the seventh (7) page. in
reference to the consumer price index, it also make reference to the worktbrce housing autbority
COlmnission, ~xhich I am unfamiliar with what establishes that so. clearb this legislation does not
establish it. these are details as l read through the draft, it looks like it needs a little more work unless
there are read3 answers to those questions. The lnain thing, idea. that l wanted to raise was ~ hat l said
first and tbat was. are there reasons x~by we don't have, xxe are not stressing the idea of government
ox~nersbip or trust ownership of the land xxithout the capital improvement, refurbisbmeat of existing
housing stocks and distribution tbroughout the town. ]'hank 3 ou.
SUPERVISOR HORTON: Thm~s. Ray. Are there other comments t'rom those x~bo haven't shared
3'et'? Yes, Mr. Schwartz.
BENJA SCHWARTZ: Sometimes [ wish I wasn't but I am Be~ja Schwartz from Cutchogue. A lot of
you people know me. [his legislation is alread3 in existence but there is not government housing 3'et
in existence in Southold l'ox~ n.
SUPERVISOR HORTON: There has been housing created under the zoning code. tbe AHI) zoning
code, in its current t'om~. Not in this form that xve are having the hearing on this evening. But there
bax e been housing...
MR. SCHWARTZ: Well, [a[n not sure that 1 totally understand this legislation so let me just sa3 xxbat
I have to sa.',', x~bich I think applies bere. This morning I went clamming and got some clams, it was a
nice cbange, recently it has been harder to find clams.
SLrpERVISOR HORTON: They are knee deep in Dam Pond.
MR. SCHWARTZ: Ob, yeah? Well, this 3'ear it is illegal to go clamming in East Creek, ~bere I live
and in thc harbor, 100 feet out fi'om the entrance of East Creek. I don't know if it was last 3'ear or tire
3'ear before, tbe3 put in public water to Fisherman's Beach, wbich lines one side of East Creek. What
is wrong with that'? Wh.~ not put in public water there? Well, there is not water table. There used to
be a little well up laud and tbat x~as a limit on the development. Now they: have public water vttt there
is no public sex~er. Is there a connection'? Apparently there is too much Fecal bacteria, too much shit
in tile creeks. You know. for us to eat tile clams. If you eat the clams you could be arrested and
thrown in ,jail. if you live. An3xvay, I think we have to look at the x',hole pictures and not ~mst, 3ou
know, put in public ~ater without thinking about where the public sexxer is going to come from. So, as
most people, support preservation. I also support provision of affordable housing but I question
x~bether it should be by goxemment oxxnership. And when you sell houses, if3ou put enough control
on the resales of those houses, that the people that buy them are not going to make a profit, tt, me that
is essentiall3 a lease from the government. Whether you call theln owners or not. it'there is restrictions
on their alienation, their reselling thc property, they are not full ox~ners in tile American sense of the
x~ord. Somebody tonighL one of the Town Board members, I think it migbt have been Superxisor
Horton, xxho is one of tire Town Board tnembers or maybe it was Mr. Romanelli ~ho said htr wanted
some real ideas. Well. you know. I think ma3be we have to take a step back. I agree with exerything
June 29. 2004
Public Hearing-Affordable Housing
31
that xvas said tonight. Including the positive compliments that this Board is trying to do something to
preserve a brighter future tbr the Toxxn of Southold. The problem is, I see a lot of things that this
Board has done and that is happening, tbings are still going down hill. One idea that I thil~ I would
like to tbro~ ont there because no one else has really mentioned is affordability is a two sided coin. It
is how much it costs and hox,, nmch you can afford. Well, the level of income in Soutbold Town, there
are a lot of things [ think this government could do other than supporting the quote-unquote businesses,
to enable ordinary people to supplement their income and have more living, be able to, ma,~be afford
more housing. One thing in particular and I hate to mention it because you are going to, yoa Mlow I
am a web site developer, I believe in the internet and I tbink the internet has a lot of great potential.
especially for local government. But I have been told by this Superxisor that he doesn't understand
web sites and he doesn't bare time to listen to them ....
SIJPERVISOR HORTON: You have not been told that by mc. that is a complete fabrication. You
have ....
MR. SCHWARTZ: You told me...
SUPERVISOR HORTON: Excuse me. Benja, this is on specific legislation on the AHD zone. a public
hearing on that.
MR. SCHWARTZ: Let me get back to this legislation then. Josh.
SUPERVISOR HORTON: Yeah, because xxhat you were doing is trying to get me to hire you to re-do
our xxebsite and we have people in house that do that.
MR. SCHWARTZ: That is not true.
SUPERVISOR HORTON: I very respectfully told you that.
MR. SCHWARTZ: If you don't want to hire me. }lire someone else. I offered you a free presentation
on how tile website could be ....
SUPERVISOR HORTON: lfxxe could continue with the AHD and 1 am happy to hear .,, onr ....
MR. SCHWARTZ: Well. I am telling you. I am not making anything up here. But tile toxin x~ebsite is
a tool that tile Board could use to let people knot,,, what they are thinking and x~hat they are planning
and what their ideas are and have a communication, a two-x~ay dialogue, fhat would require things
being posted and things being received. I believe, too. that the xxebsite, not me doing the website, bnt
tile official Toxxn of Southold website could do a lot to encourage business in tile Toxin of Southold in
many w%s. And I repeat tn3 offer to come and offer a tree presentation on how this Town Board
could enhance that.
SUPERVISOR HORFON: ]7hank you.
[',IR. LAROCCA: First of all, [ want to personally apologize to all the members of the Board because
this is the first time that I have come before you to share my concerns about the boles in the plan. And
June 29, 2004 32
Public Hearing-Affordable Housing
the thct is. you guys worked really hard, 3ou try to engage people and it is not easy. And you push
forward on stuffand you ask for comment but a lot of ns most of us. untbrtunately~ never get engaged.
And some of us get engaged ~hen xxe realize, oh my goodness, someflfing is going to happen here. it is
time to get engaged. So, I apologize tbr being late with my comments. But Thomas Jefferson inaybe
gaxe us something to think about here as xxe are, bopefidl>, buttoning this up. Which is. that the
natural tendency of things is tbr governments to grow and for liberties to shrink and there is a reason
tbr that and it is just what might happen here. is that it is a piece of legislation, a piece, of legislation
that goxerlunent's put upon us that empoxxer politicians and the fact is that it is a lot easier to add a
nexx poxxer to the political basket but when the people tr.',: to take a power back out of the basket, it
proves to be a vet3 arduous chore. So there are consequences to legislating before it is appropriate and
completely tbought out. And I just want to re-cap, to get very specific back to this piece of legislation
because a lot of our comments and concerns .~ou have heard bubble up are outside or' the purview,
quite frankly, of this specific piece of the puzzle, although we are trying to communicate to you as best
we can as lay people that there is a sense that it needs to be more woven together. But there are vert
specific things that need to be thought through more. And that is not about ill-intent, it is the tact that
sometimes something gets missed in the heat of trying to get a contract together. First is, I think we
need to be much more sure, do people really want to see that this can happen on a larger, more dense
scale anywhere itl the COlmnunity versus restricted to a existing, poorl3 defined geographic location.
]The second is. that xxe are not read! !et to say. do commnnities really xvant to see the density
potentially change through the use of these nexv tools that could affect very much the quality of
existing communities through these densit! changes that would be empoxxered by moving the
restriction in yonr legislation about it needing to have sewer access. Next, when the gox enm~ent starts
setting prices, you haxe becolne in control. Because !oo drive the location, you drive the price, you
drive the quality and it is not time 3et. [ don't think there is an outpouring in the communily to see,
what I am calling government controlled development projects. I tbink we can't make that
empo',xerment !et until we think it through or make sure through the hamlet studies that :'es, yonr
constituents, the vast majority of the citizens, really xxant to see the goxernment have tha~. kind of
pox~er potential to use within tbeir oxxn community. And if nothing else has been persuasive, let's sa3:,
gee. there is something we missed here xxhich is in the heat of all of this, we didn't have a single xxork
session betbre we started passing this legislation to sit dowm bring our controller in, bring our assessor
in and do a hard nose anal3sis of what this could potentially cost my current homeowners in toxin
under a various set of scenarios on build-out. At a minitnum, if nothing else has proven persuasive
tonight, please, [ began thinking that it was going to propose that you know, we have a Land
Preservation Coordinator and kno~ we have an Affordable Housing Coordinator, I begin to think we
just need a tax payer advocate at I'oxxn Hall so eyed time something comes up, to sa>'. "Did you run
the numbers?" So, 3ou knoxx, let's lbcus back on this xeD' specific legislation of things we need to
look at. And l just ask 3ou, it is not about that 3ou gu3s did bad work or tried to slip something by tis
and those of us that have been too late [brthcoming in our comments, I apologize at least tbr m3self but
[ ask you at the end of the da.,,', have the courage to sa!. let's step back from this. And I know the gu3',
when I lived in another xxorld rind xou would xxork oil a deal and you xxould have the lawyers going
crazy and you got into all the minutiae and at the last minute there were a couple of facts that you
forgot to look at. I knoxx the last thing I x~antcd to do was call my boss and say. "That deal we thought
was closing toda? is not closing." [ recognize that is not cas! and I ask !ou to have the co~_lrage tbr
all of us to take this step back and let's see if we can't ~zet toeether on this and go through all the things
that I won't repeat tonight and so. thauks again and thank you for giving me the chance to add that on.
June 29. 2004
Public Hearing-Aflbrdable Housing
33
SLIPERVISOR HORTON: Thanks. Vinnie.
MS. NORDEN: I ~asn't aware that you actually were considering ~oting on the legislation tonight, so
I do think that there are some points lhat will end us either in an Article 78 or someplace itl tile courts
and I really think it would be actually a shame, if in fact there were enough holes itl the legislation that
it would end up being challenged. That's really not x~,hat an5' of us want but I nmst hark back to the
tact that at least itl several of the aflbrdable housing projects, as were constituted under the old or not
3'et improved legislation, there were many problems that had to do with income, perceived income,
business income, who got affordable housing and whose name vms it, who ox~ned what. bow was net
worth measured and there were many issues around that that are still here. We still have very vague
references to what you call own. It says you can maybe, you can't own another piece of property but
does it sa3 an3 place in the world'? Does it say only in the Toxin of Southold? It is very ill-define& v,e
don't have a definition in the legislation tbr net worth. We don't have a definition which indicates
whether itl lhct. net x~orth constitutes business, business ownership, partnership or any other business
that you may own. Now as you nmy know, many people who bought units in Cedarfields v~ere local
business mvners. They had quite a bit of money maybe oxxned in the name of a business. I don't
know if that was part of the legislation, it ~as never enforced, it was never investigated, it doesn't take
a rocket scientist to figure out who those people were. Cross the boards, in the past. there were many
issues which people who were lax payers turned a blind e3e to. l can assure you, that will not happen
again. We will be on you like a team of hawks. So I think that you really had better realize that itl
point of l~ct, that we all want this to ~ork, but we do not xxant sloppy legislation and by no tneans do
we want legislation that is not specifically clear. Because we are talking about our tax dnllars, our hard
earned tax dollars and you have heard enough tonight to realize that v,e want to make sure that
everybody pays their fair share and nobody gets a tree ride. So. if the legislation has all these
problems in it. ~hich I see, then .~ou are putting the burden on the taxpayers to either litigate or to
object to school budgets, where dox~,n the line a piece in two or three years. Greenport. Southold and
other school ssstems ~ill go the Mattituck-Cutchogue route and forcing us as citizens to t,e up the
edncation of our children and force us to make the hard decisions that this Board itself was not able to
nmke in terms of addressing the cost and the implications of such legislation. [just want to review a
t;~w points, a fexv of the salient points that l still thil~ are real loopholes in the legislation, just in case
.',on are thinking about voting on it tonight. So leFs just take a couple looks at some of it. We still,
Tom. despite the fact that you agreed v, ith me at the last go-round, we still have not defined tl'~e certain
incentives that we are going to provide the developers under the section knox~n as 'Purpose' in the
legislation. We do not understand what tile principles of smart growth are that tile Town ret;ers to
because l have never seen those defined in any bit of town legislation. So x~hatex er smart grox~lh you
are talking about, we would like a definition of it. I ha~e no idea xxhat the Planning Board's control
over a steady criteria is. because nm~here in any' legislation have you defined that criteria, or in an.~
x~ay made that clear. A steady criterin does not ret;er to setbacks. It does nol refer to lot lines. It refers
to lhe appearance of bnildings. And if 5ou are not going to define it. you have got to toss it. Because
again, it is subject to just so much verbiage. ~hich in the end point, means nothing, if you are giving
the Planning Board a po~er, define it. If you don't know x~ hat that pox~er is, just eliminate it from the
legislation. Because it is going to create more confusion than not. Noxx tn3 real question aboul
pernmnent fixed improvements. I think is vdmt is going to happen itl this legislation, if I read it right is
that despite the fact that these houses are brand new, you are going to be able to maybe get permission
to put in a capital or pernmnenl fixed improvement. Number one. xxhy would you need to put in any
permanent fixed improxcment in a brand new piece of housing? And if onb Philip is muking the
June 29, 2004
Public ltearing-Attbrdable Housing
34
decision and he only has a week or two to decide, l can see that ultimately over time, a nice, cute little
house ~vill get five, ten permanent fixed improvements and then when it comes up for re-sale, it won't
be tied to the consumer price index, you will haxe plauted so many fixed improvements, that it will go
right up to market value. So my question is, why are we having an3, permanent fixed improvements?
This is brand new housing. Presunmbly you are building it well, presumably you have taken care of
the safer3 issues and other issues, so xxhy do we need to grant anybody the opportunity of making an3
permanent fixed improvements on this kind of housing? And if that seems to me to be the x~a3 in
which x~e are going to be able to circumvent this whole notion of affordability and tied into the CPI
~xhich bF' the way, again has not been defined in any measurable way. What CPI. where, based on
what? Also, I still have a problem xxith the hardship question. I don't ~know xxhy anybody needs to
spend two years away fi'om tile affordable housing. Give them six months, if they haxe got a real
probleln, you also have them define hardship. Again, you said they can have a two 5ear lease, thnt
means they' can go to Bengal or go to Sri Lanka and just rent tile house tbr two years and rent the
affordable apartlnent next to it or within it and that means we will have absentee landlords. So, I think
we have a real issue in terms of defining that problem. If you are going to get one of these houses and
you are going to be away lbr txxo or three 5'ears, sell it to somebody else that needs it and/or create the
crileria tbr xxhat a hardship is. Define it in the legislation or otherwise it is subject to consummate
abuse by anybody that x~ants to define it otherx~ise. Also. xxe don't really have any definitions about
how soon alter purchase it can be sold. we don't know xxho the staff of the Project Coordinator is
going to be, people have only one week or txxo weeks to list the house and let tile Project Coordinator
know it is on the nmrket, the timetable is ludicrous. This gu,,, will be rumfing around working 95 hours
a week. He xxon't even be able to get over to the house xxithin a week to meet the criteria set in here
and on and on and on. The actual legislation is still filled with loopholes and problems vis-h-vis the
legislation itselt: Not even addressing the issues of whether it needs a xision of the community or any
of the rest of it there are .just problems that are litigious x~ ithin the context of this legislatkm. That are
not defined and that are subjecl, to abuse. ,-\nd it is one thing not to take our concern serionsly about
our property taxes, it is another thing to in man3 ~vays, run roughshod over us by providing legislation
that can be easily sub, jeer to abuse. And it is only entbrced by one sole person in an office. So I would
really encourage you not to vote on the legislation this evening. To again, put 3our lnoney where your
mouth is, if 3ou believe your hamlet groups and your halo zone groups have solne bite tn them, then
respect them. Otherwise, just toss that concept out as xxell. If you are going to pass and review all the
legislation belbre they even begin to meet, you might as xxell not go through the process because some
of us think it is really rather suspect. So I would encourage you to look at tile legislation. Vou have
incorporated some of the public suggestions but there are man3 more that need to be incotT, orated just
vis-'a-x is the legislation itselt: othemise it will be subject to both abuse and in the case of taxpayers, to
la~xsuits. Thank you.
SUPERVISOR HORTON: Thank you. Melanie. Yes, sir.
MR. C[MIDOR: I[,et's see if it is three strikes and you are out.
SUPERVISOR HOR l-ON: Well, we should maintain the public hearing.
MR. CIMIDOR: Okay. I xxould like to go from Mr. Romanelli. to the next gentleman, to 3ou and
down the line.
June 29. 2004
Public Hearing-Aftbrdable Housing
5
SUPERVISOR HORTON: Excuse me, sir'?
MR. CIMIDOR: Yes?
SUPERVISOR HORTON: This is a pnblic hearing on thc legislation, if we can get through the public
hearing, xte can decide tx hether there v, ill be n vote or not.
MR. CIM[DOR: Okay. [hen l can come back to the phone and ask for what 3our vote ~till be, either
tonight or at another time. Correct?
SUPERVISOR HORTON: Yes.
MR. CIMIDOR: Okay.
SUPERVISOR HORTON: Are there other comments on the legislation? (No response) Comments
t¥om the Board?
COUNCILMAN ROSS: I would just like to address some of the points that ~vere raised, like most
legislation, it is difficult to get something perfect. And legislation is almost impossible to get perfect.
It basically is a road map and much of legislation is in administration, as txill be the case here.
Regarding some of the issues raised, with respect to smart growth, a look at the legislation v, ould
reveal x~hat some of the slnart grox~th principles. I will quote t¥om the legislation. "Land within
walkiug distances of services, shops, schools, public transportation that adjoins existing centers of
business and residential development." Now. that may not be perfect but I thi~ it kind of clearly
delines what we are thinking about and what we intend to do xtith regard t~itb xthat smart grotxth is.
With respect to the permanem fixed improvement, there may not be a need /hr permanent fixed
improvement in a brand new borne, hotvet er, tx e are anticipating that people will bu.',' these homes and
live in them for some time and it was the feeling of the Board that if a person x~antcd to make an
improvement in their house, we would allow that but not all improvements. A hot tub, the5' could
make the improvement but it xxouldn~t be tacked on to the value of the house along x~ith CPI. So the
permanent fixed improxelneut was a deciskm we had to make. We could have said, 3ou buy a house.
you take it as it is. 3ou live there lbr 20 years, you can't nmke any changes to it but we thought that
would be a little restrictive. So. the permanent fixed improvement, tie have a checkpoint, the Special
Projects Coordinator t~ill clear it and if it seems a reasonable improvement, we will permit that to be
added on to the cost. Again, that is in the administration. With respect to the hardship problem, two
years. Again. we had to make a decision and we took hardship out of it because of the problems in
delining hardship. It xtas more of a headache than it xtas xtorth, at least my consideration. There is
basically a two year out, you can rent the house for two years, if .~ou have another job, il' you have a
sick relative, tbr xxhatever reason. Fwo years, after that, tile covenants and restrictions will require it
sold. Tile question is why? Another job. a sick relative. We are not asking lbr a hardship, we don't
want to look into that.
MS. NORDEN: (from attdience) Well. tthy rent it at all then. actualls. Dan?
COUNCILMAN ROSS: We made that decision. The decision is tie are going to permit the person to
leaxe the house tbr tx~o years. We bate made that dccision. Granted, we could haxe said, if you leate
June 29. 2004
Public Hearing-Affordable Housing
36
the house tbr txxo months, yon have to sell it. you are not allowed to rent it, we think, we thought, we
believe that that would not be the appropriate approach. We may be wrong but that is how ,ye felt in
the drafting of this legislation. We have dealt with that. We dealt with that at the last meeting and that
is how x~e took care of it between meetings. With respect to, can the property be sold ilnmediatel3'?
Yes, it can be. It can be sold immediately, next week, 20 years from now. ]'he timetables. I suggest
they nrc reasonable. We did the best we can. [f they are not reasonable, if people are having problems
with them, we can amend it. [his Bonrd cannot bind a future Board, any Board can change the
timetables as time goes oil. Again. that is in the tweaking of the legislation as we go down the road.
'[here was mention of loopholes. There is always loopholes. There is alxxays loopholes and you do
.',our best to close them. You can read legislation and to try to get it perfect, you would never pass any
legislation. With respect to the details, there was mention of how much money, how much ownership.
I can tell you. haxing been involved in affordable housing projects, intimately, in three munk:ipalities.
there will alxxays be problems. There will alxxa3s be problems. Those are difficult issues. Because the
people, you knox,, is the person hiding money under his mattress? Great. so xxhat are we going, we are
going to write in that we have the right to search his mattress? So what if he buries it in the backyard?
These are issues that are going to come up. They al~xays do and they alxxays will. We have tried to
address them as best as possible. [ suggest it is not sloppy legislation and there have been other issues
raised. Mr. [.aRocca mentioned, his first issue was, xxhether we want it or not. And that, in effect, is
tile question. And we will nmke that decision, if there is a motion in a second, we will all be called
upnn to make that decision. In terms of density change, there really is no change in this legislation with
respect to density. The density is the same. \Ye changed the density when we go out and take a piece
of property and create and change the zoning to AHD, as this legislation is, I, correct me ifl am x~Tong.
but the densit,,, basically is the same. xxe are not amending that aspect. With respect to that there was
no outponring in the comlnunity. I beg to cliff;er. A number of people have indicated, haxe people
come up and asked, hax e people come up and said this is needed and [ can tell you, that many people
have. And whether we xxant to put it in the hands of govenunent, that is xxhat they are saying. ['he
Toxxn should be doing something. Personally, I think the federal government and t he state
government, I think the federal govermnent's tax policies with respect to second houses injure first
home buyers and there are things that could be done on that level but that is not anything that this
Board can do. This Board can only do xxith limited poxxers that the State gives it. And in temps of
outpouring from the community, I can tell you there is outpouring. There is as much concern about
this issue as lhere is abont preservation. There is. Excuse me. Excuse me. Excuse me. I have a small
tloor here, I beliexe you have spoken. '[hank you. With respect to the big picture. I can appreciate
that. It was mentioned in the earlier legislation, it xxas mentioned in this legislation. I think I share a
big picture view with all the Board members. The problem is. hox~ do yon get there in the tweaking of
it, changes day to day. l¥om Board member to Board member. I disagree with these Board members,
almost on a dali3 basis, in terms of specifics. Okay? \Ve do haxe a big picture. ~ve knox,, x~c xxant to
provide affordable housing, we know we x~ant to preserve the Toxin. That is tile big picture.. If you
want a blow by blow detail, it is not going to happen. You are not going to get it. Tile s~x of us, all on
the same page, xxith respect to the big picture in any one moment, it changes weekly. We have so
manx issaes coming up, we do the besl 5on can. If you waited until the big picture to pass an3
legislation, no legislation would ever get passed. I-hat is my feeling. Maybe there are legislators out
there that could do better, I would not be able to, I can tell 3on that. ['here was objection or mention of
land ox~nership, this is set up. so someone prixately could come in. or the CLT could come in, or the
town goxernment could oxxn property or the North Fork Housing Alliance. There is no mention of
land ox~nership. 1-hat does not foreclose that option. That option is proxided in the legislation by
June 29, 2004
Public Hearing-Aflbrdable Housing
37
virtue of the fact that we don't foreclose it. With respect to distribution, we are going to deal with that
on a prqject by prqject, excuse the term, basis. I mean. we are not defining anything as AHD tonight.
We are not. nnd this is, as I have referred, this is the skeleton and xxe will have more meetings xxhen we
start to put the meat on the bones. We know that. When we start saying, this piece of property, that
piece of property should be AHD. You will have another chance to be heard and with respect to the
tax issue, that is when you are going to address that isstie also. If there is 20 units, obviously it is
dit't:erent than if there are txxo units. And finally, what we have heard, [ have heard at least, is: existing
housing stock. Reference has been made to p>ramid legislation. This does not foreclose that, on the
contrar3. I recognize that that's a direction we should be going and that is a little more difficult but it
is a direction xxe should go and we x~ill meet with opposition down that road but we will deal xxith it.
It is the other tbrk. obx iously, that we need to go doxx n. We are mit sure of all of the consequences of
this legislation but there is a balancing and a xxeighing and I, lbr one, feel like I have gone over the
edge on it. So, when there is a motion, iii a second, I x~ill be able to vote. Thank 3ou.
COUNCILMAN WICKHAM: l xxould like to address sonic of the comments that I have heard and l
can't speak as comprehensively as Dan has, but I would like to say txvo or three things. First of all.
currently there is on the books, legislation for an AHD districts in the Town of Southold. That is
highly flawed legislation. It really needs to be changed. It results in the creation of homes, v~'hich are
so-called affordable, that within a few years, they can be sold at market value. Then the solution lbr
affnrdable housing is simply to generate more of those houses. We really have to fix that. This
legislation would fix that. That is one of the reasons that I have been eager to see it turned into lax,,'
shortly. This is enabling legislation. This legislation that we are talking about tonight is not going to
result iii projects scattered throughout the Toxin. It will enable some constructkm and some atTordable
housing, but iii itself it is enabling legislation. Where and how those units will be bnih is, I think,
underlies a lot of the concern that I have heard tonight. And the recognition that there really is no
limit, that we haven't put in this legislation, limits. The limits will be imposed on the six of us voting
on each and ever.,, one of the proposed zone changes into AHD that will come betbre this Board from
time to time. And I suspect they won't come bel:bre the Board until the halnlct studies are actually
underxxay, as 3ou have suggested. You have asked how many and where and are xxe going to be
overrun xxith these things. This is my ox,,n personal view. I can't speak for anybod,~ else on the Board
but if [ were to predict or to see what would happen, I would say there should be one, modest
affordable housing district established in the areas, lbr example, of Cutchogue, where I happen to live.
There ought to be one limited, one in Southold. There ought to be one, perhaps, around Greenport.
~vhich already has a lot. And probably one in Mattituck. So we are talking ma>be four modest
projects. As tar as I mn concerned, l would like to see the results of this lax,,' on just a pih)t basis of two
or three or the maximum lbur. before expanding the scope beyond that. And the public will have a
chance to vote, ~xill have a chance, not to vote excuse inc. to haxe its views knoxxn thron~h public
hearings at each and ever3 one of these proposed affordable housing districts. So this is just the
enabling legislation. It x,,ill still come for public hearing, every time a Inndowner and or the Toxin
considers a change of zone far a particular project. We can change the legislation if it is tbund
wanting, as Dan Ross just commented. It is impossible to get legislation absolutely perfect on the first
crack. I have to sa3' that I don'l doubt that some of the concerns that I have heard this evening will iii
facl materialize. There will be some things we are going to want to change. Well, xxe can change it.
once it is in place, there is no reason xxe can't change it and xxon't change things that are clearly going
down the xxrong track or aren't rcsulting in the results that we ~vant. The last comment that I would
make is the need for over-arching or comprehensive vision of the Toxin. [ have dabhled in the
June 29, 2004
Public Hearing-Affordable Housing
38
planning area in this Toxin tbr quite some time. [ can't sa3 that I really have an over-arching vision. [
have certain objecti',es and goals in my mind and I thil4: each one of us does. but legislation in the
Town code, which is a book about that thick, isn't comprised of over-arching visions. It is comprised
of narrow, technical legal language on specific propositions, on specific laws. And this is one of them.
Yes. xxe should do a better job of articulating x~hat our visions are and I think xte will. But at the
moment, this is one important piece that we worked hard tbr and I for one. believe there is a place for
it ill this Town.
COUNCILMAN EDWARDS: I just xvanted to respond to the question of this gcmleman, who x~ anted
to poll the Board on x~hether x~e were prepared to vote on it tonight. Without reference to how I will
vote on this legislation, the purpose of holding a second hearing is so that members of the Board can
hear if there are any new reasons or good reasons raised for by tt hich the legislation shouldn't be voted
on. either pro or con. We have had, this is the second hearing, we had earlier this afternoon we had tile
first hearing on the subdivision code. No one on this Board expected to vote on the subdivision code,
immediately after the first hearing. My expectation and my hope is. that we will take into
consideration lnany of the comments that were raised this afternoon and particularly those, are
particularly helpful ~vhen they are delivered in writing, so xthen we have the second hearing, the
legislation will be in shape to be voted upon, either up or down. I have heard other issues. Vinny
spoke very persuasively on the issue of refurbishment. There is nothing in this legislation that has
an3thing to do with refurbishing and it does not close the door to that. The issue of the Community
Land Trust was brought up. Again. there is nothing ill this legislation that in any way closes the door
to the Commnnity Land Trust. So what I was listening lbr tonight in tile past t~vo hours, was for
somebody to sa3: something that to me said, I shouldn't be ready to tote on the legislation as it is
published. I haven't heard anything that led me to draw thak no, I have not heard anything in here that
led me to draw that conclusion. So [ atn prepared to vote on it.
SUPERVISOR tfORTON: We may as well close tile hearing at this point. Excase me. All right. I am
son'),. The hearing is still open. Mr. EaRocca.
MR. LAROCCA: I should have taken notes, but Councilman Edwards. if nothiag other titan the Ihct
that you didn't have one session where you analyzed tile hnpact to the current taxpayers, I t~ould think
that is something that you would consider, ought to be considered. Councilman Ross, maybe I have
misunderstood some things that you will have to claril3' for me first. It was my understanding that the
original AHD code t~as constrained by a sewer system and that has been stricken by this code.
SUPERVISOR HORTON: That ttas a recommendation fi'om the Director of Planning.
MR. LAROCCA: But has that happened?
SUPERVISOR HORTON: That was taken out because sewer systems don't exist in town.
MR. LAROCCA: Bat that, but it is stricken?
SUPERVISOR HORTON: Yes, because it wasn't applicable.
June 29, 2004
Pnblic Hearing-Affordable Housing
39
MR. LAROCCA: ]'hat. combined with tile potentiality that we are talking about here which is subject
tbr another heated debate tbr another day, which is using sewage credits, could in t:act and will itl thct
empoxxer the Board to drastically change the density in any one of onr community's. And we xvould
not be able to legally stop it. Councilman Wic~lam, one specific point that is sincerely disappointing,
x~hicb is. x~hen [ first met ?u. you were passionate in the need before we started fooling around x~itb
legislation as it affected landowners, to have a carethl study, make sure everyone bad been
exhaustively listened to. Not on13 did you recommend that but you volunteered to try to herd that
cattle, over an extensive period of time. So [ sincerely, without political banter, it is disappointing that
now when it is another important constituency, tile same passion and I xxill StOl). but lhat same passion
doesn't seem to be there to sa3 'wait a minute, x~e reall3 haven't had that Salne kind of effort tbr onr
homeoxxners' befnre we legislate.
COUNCILMAN WICKHAM: You made the comment earlier this evening that really there, and you
are correct, there really is no limit to the nnmber of people who would benefit and will want affordable
housing. And [ agree with that. There is no lilnit to it. What we can do is take a small slice and with
the best efforts of crafted legislation, ~ve don't need a stud3', we know that there is no limit to those
people. Let's not try to meet tile x~hole universe, let's put in a modest program, with a tbw changes of
zone here and there and see how it xvorks.
MR. LAROCCA: But Toni, t?onl most of us, our investment in our home is not only our largest
financial inxestment, it is by tar subject to family, our most important emotional investment.
COUNCILMAN WICKHAM: Right.
MR. LAROCCA: So you bare spoken eloquently: to half the equation, which is someone wanting
something. Wbat abont those of us that will be impacted b3 the result of that decision? You have
correctly said I don't need a study to know, as many as we build there will be wanters. But it hasn't
been articulated what does this mean to all of the comnmnities in this toxin': How do they feel about
this? And the biggest point, second almost to this, I am sort'5' but it almost seems a cavalier-and this is
my characterization, a caxalier disregard tbr what the current homeowners concerns are. And I am
sorry to say that but that is what I hear. Councilman Ross, if I wasn't convinced, and I was betbre I
stood up and before I listened to 3ou, that this government approach is a mistake, I am absolutely
cominced after yon spoke. Why? Because you honestly acknoxxledged no legislation is perfect.
Mistakes will be nmde. You see. it is the philosophical approach that is wrong, l'hm is x~h3
govemmcnts makes such a mess or' things. Because 3ou can't legislate fairness and appropriateness
and market balance because no matter how late you stay up at night, wise guys are going to game this
system and you don't know xxhat tile impact is going to be. The problem is. when you sa3'. well ~e
can go and we can do pilots and we can fix it. But my community was at stake, my hamlttt was at
stake. That is wh5 the first solution shouldn't be the government solution. Tile first solution shonld be
incentix es and disincentix es within our current community to see if we can address the problem there.
,,\nd it: everything else has been exhausted, then we must accept all of the risks you enulnerated and
we must bear tbat risk ultimately. But not firstly, ulfilnately, please. It is now become what I was
hoping not. The wrong kind of give and take. Just think about that, Dan, if nothing else. Should all
those risks, those are real comnmnities xxe are talking about, fhis isn't theory, it is not legislation. It
is not some big township. These are tiny commnnities. Where 20 units in an5' one is a big, impact.
ket's not do that first. ~hen we all knm~ the risks involved xxitb goxemment intervention and
June 29. 2004
Public Hearing-Afl'ordable Housing
40
goxemment programs. Let's make that the last case and resort. Let's find out ;~hat other ideus are out
there first. Let's see if they can work, first. Please, gu3s. At the end. it is not about how you tkel abont
us or hoxx we feel about 3ou, there are real communities at stake here. Real hamlets at stake here.
Oops, I got Cutcbogue x~rong. I will cio better in Mattituck, isn't acceptable. It shouldn'~ be acceptable
to any of us as homeoxxncrs, as residents, as neighbors. Oops. 1 got it wrong isn't good enough. That
is my borne. Please. guys, have the courage. Step back, we will help you. Just ask tbr it. You have
asked tbr it and it is there for you. please. Thank you.
MS. TOEE: Cathy Tole from G-reenport. Listem I don't x~ant to get into an attack and [ knox~ I am thc
first one here who kind of lost it, so I am going to tD and ratchet this dox,,n a little. I'here are flaxes
that need fixing, we don't have to fix them later, we can fix them nmv. But we have this i'ush to enact
legislation. I am not sure ~hy we have the rush to enact legislation. We have had this bad legislation
lbr a x~bile, xxe have got to fix it, okay. let's fix it. Bnt let's not fix it with more legislation, Dan. that
we are going to have to fix later. Let ~ne give 3ou, if all of the other examples weren't enough, one just
popped right out as you guys ~xere speaking. We have got this hardship clause, so the ovmer goes off
tbr two 3'ears and rents at...a limit'? Is there any cap on the rental lbr his dwelling?
SUPERVISOR HORTON: Any rental within that? Yes. there is.
COMMENT FROM AUDIENCE: It is not in tbe legislation.
MS. TOLE: It is not there?
COUNCILMAN WICKHAM: No. no. It is there.
MS. TOLE: Oh. it is there. What is the cap, hoxv is the cap determined?
COI, INCILMAN ROSS: We are going to have to, the Board will detemfine that, from time to time.
You think ~xe are going to determine the rent for something that may be rented five 3'ears from now?
That is going to have to be done on a day .....
MS. TOLE: No. no, no. Dan, you write legislation, you know it is done by tbnnula. Not by saying
you have got to cap it at $l.200 or X number of dollars per square foot but that x~hat we have to do is
prevailing rate, 80°,'o or some sort of formula and I think that there are creative people in the' housing
indnstry x~ho have done that before. And maybe that is an approach, othemise we ha~e the chunnel,
not just the little hole itt the legislation but [ lear, the chunnel. Because you rent the upstairs, now you
rent the downstairs for mo years, you are bringing in a lot of tnoney and at thc end. I ant selling the
house. There is no guarantee tbr the maintenance of the house in between, there are no guarantees and
I know you can't guarantee everything but it jnst get the sense that there is a lot un-guaranteed. You
bare heard a lot of inpnt, everybod3 has. attd as 1 have said, l support the affordable housing concept in
man3 different lbm~s. What was brought ont...
SUPERVISOR HORTON: fhe rental question is ansx~ered in there.
MS. FOLE: Hmm?
June 29. 2004
Public Hearing-Affordable Housing
41
SUPERVISOR HORTON: The pricing structure for rental properties must not exceed the rent limits as
established by the Suffolk Count3 aflbrdable housing guidelines. The Board may, at its discretion,
impose restrictions regarding rentals.
MS. TOLE: Is that tbr the accessor3 apartment or for both?
SUPERVISOR HORTON: Tbat would pertain to...
MS. TOLE: I am glad to hear that. thank you. We just beard some discussion and this is also part of
tbe frustration. We heard tbat. ~gee, ~e are going to try one in Cntchogue, where one person lives in
Mattituck and hopefully we are going to do okay or better and then we are going to go to Southold and
then we are going to go to Greenport' and I haven't heard mention of Orient and I haven't heard any
mention of New Suffolk and I haven't beard any mention of Laurel and things like that. And I have to
tell you that that is one of my concerns because I x~ant to see this blend in every single community and
I don't want it to start in spots like Mattituck. I don't want it to start in places like Cutchogue. You
know. a lot of us xvould like to see SOlnething betbre it ends. starting in Nexv Suffolk or starting in
Orient. so that in case it is kind of screwed up and it doesn't go an5' further, somebody else is stuck
x~ith the mess, such as tile other prnjects that did not work out as expected. So, you know ....
SUPERVISOR HORTON: But the other projects that didn't work out as expected didn'l turn out to be
disastrous communities. We recognized the flaws because the5' are all very nice connnunities.
Elijah's Lane is beautifid. Cedar Fields is beantifnl, filled with young working families and kids
playing and the lawns and tbe...but the fla~ that we recognized and I think that the point that was
being addressed in Ibis is that perhaps those homes now shouldn't be selling tbr $425.00(I.
MS. TOI.E: We know xxhat tile pemmnent affordability is all about. Josh. You ~know, alt of us do.
SUPERVISOR l IORTON: But saying that those comlnunities didn't work ont, I would never want to
cast the aspersion that they didn't ~ork out ns viable communities, they just simply didn't remain
al~lbrdable.
MIS. TOLE: That is right. These that are going to remain aftbrdable, that may have problems or
concerns, may have maintenance issues, may have a lot of other things. You knox,, they are going to
be stuck in those neighborhoods in perpetuity. So. you hmw. what I am saying is that it reflects a way
of thinking that xxe are going to start in Cutchogue because it is your home and I respect that or
Manituck or someplace else. I want tis to think a little differently, that is all. And I am just raising that
as an obserxation, listening to what you are saying. It ~as said l?om the Board and I am not sure ~ho
and probably everybody, that you heard a great deal of support tbr aflbrdable housing, and yon did.
You heard it fi'Oln me, >ou heard it from probabl3 ever?ne who spoke. But you also heard it from a
lot of people that were sold a bill of goods that ain't gomma fit into this sort of scenario, okay?
There's a lot of people making $30.000 out there. I don't know how the?' survive but those are not the
people that are going to be ser',iced by this and [ spoke to a lot of them at some the diflk~rent sort of
meetings that have spurted up here and they all thoughl thnt this afibrdable housing was a great thing
and that they were going to get a house someday.
June 29. 2004 42
Public Hearing-Aftbrdable Housing
COUNCILMAN WICKHAM: We hope some of them xvill be and we have specificall3 reserved at
least half of the units at a level of 80% of median and below. And by specifically allowing rental units,
not all home ownership units, that would lrmke it even more accessible to the really lower income
people.
MS. TOLE: And [ agree with you. What I am saying is, that wasn't heard by the people making
$30,000. They thought they ttere getting homes out of this wbole concept. That that was the income
let el and 'wort, 1 mn fiually goiug to have an opportunity at tbe Americau dream'....
SUPERVISOR HORTON: They might.
MS. TOLE: So tthat you were hearing from a lot of people was uot understanding what was coming
there way. I dou't understand, there was some discussion about refurbishing homes, yeah, you can't fit
it all into here and again, what we were saying was, fit it in somewhere and then get the ~hole picture
together at the end. Refurbishing small homes is within your power. That is a matter of code. How
big you allow houses to get in this tot~,n is a matter of code and it is 5our decision whether to restrict
my house. Yon do it all the time, I have restrictions. Well, you know what? You might have to take a
big, bold step if you really want to deal with keeping the communities the way that the5 are aud l
think that the dit ersity that Vincent was talking about, deals with just that, the diversity of the housing
stock and all of that. You don't have to build it. you can codil-3~ keeping what is here. small. Again, I
don't believe that you don't have a big picture. I don't believe, Dan, that you don't have a vision. You
ran, listen, you ran knowing you wanted to do something. Right'? I am not saying it in a negative tray.
I am really not. [ believe that everybody here has a vision of what they think they could do in their
two-year term and the term after. A rite-year visiou. That's tthat rte are asking t'rom you. And
respectfully asking.
COUNCILMAN WICKHAM: We can do that.
SUPERVISOR HORTON: Pertinent to the AHD.
WALTER BLUM': Walter Blum, Greenport. Mr. Wickham brought up the point about having/'our or
five projects and he said, you kuow. that we v, ould tO' it, if they don't work. we can do something
about it. Well. what the heck are you going to do after yon have got 40 or 50 thmilies in these projects
and now you find that what you did ttasn't the correct thing? So, 5ou have already committed to that.
Fhat is the first problem that you are running. The other problem is, 1 am listening to the whole Board
and none of you and I repeat, none of you have doue 3'our homework other than talking about new
homes being built, new projects being built on vacant land. You haven't thought about all the homes
that x~e ha',e here. All the rundown homes that could be used to be fixed up. Wh3 can't we do
something about it'? Nobody has any kind of real understanding about that. Financial undelstanding
about t*,hat kind of monies are out there, what we can do, how we can do it and I still come back to the
thing you just mentioned. You said, Cedar Fields, you said look at Cedar Fields, look how nice that
turned out. Wh3 did it turn out nice? Because these people ottn that property. They are not
governmentally controlled. I know government likes to control things but the troth of it is, you have
got to let go. just like a parent has to let go of their hands on their child, let him grow. \Ve have to let it
grott. It is going to happen. What 3ou should be nmre concerned with is not putting homes up that
put people in that are making $40,000 a 3'ear and they are trying to put them in a home that is a
June 29. 2004 43
Public Hearing-Af/brdable Housing
$200.000 borne that they are going to straggle with and maybe you have an accessory apmtment so
that they can possibly squeeze out a living. Why don't you put them in an apartment that is reasonably
priced, let them save up their bucks and then go it to the point xxhere the3: can afford ....
SUPERVISOR HORTON: And this legislation allows for that.
MR. BI,UM: Bnt yon are not really doing...
SUPERVISOR HORTON: This legislation allox~s lbr that. Exactly that.
MR. BLUM: Not really.
SUPERVISOR HORTON: No. it really does.
MR. BL[IM: Not extensively enough. In other words, what you are doing is, you are building homes
because there is money out there that the Town can take and get from the Federal and State
government to. tbr these project. Is that true?
SUPERVISOR HORTON: Not necessarily, no.
MR. BLUM: You can't get money, I mean, isn't there...
SUPERVISOR HORTON: No, you can but that is not...
MR. BLUM: Senator Schumer just said that there was millions of dollars.
SUPERVISOR HORTON: That is not criteria Ibr this legislation.
MR. BLUM: But is that an ulterior motive?
SUPERVISOR HORTON: An uherior motiYe?
MR. BLUM: Well, there is money out there ....
SUPERVISOR [fORTON: There is no hidden agenda here.
MR. B[.UM: No. I am not saying....when I say that there is money out there that yon gu5 s could get
to help tbr the aftbrdable housing.
SUPERVISOR HORTON: Yes there are. On many different levels. Whether the) be tbr
homeownership or for rental opportunities. Tbis legislation does allox~ tbr multi-use. When I say
multi-usc. I mean ....
MR. BLUM: What about our housing stock'? Our housing stock that we have here. We haven't
looked at that. We haven't really, even really delved into that.
June 29. 2004
Public Hearing-Affordable Housing
44
SUPERVISOR HORTON: l know that I am looking at that right now.
MR. BLIIM: You are looking at it because 1 am bringing it up to .~ou.
SUPERVISOR HORfON: No, no. I can tell you that I mn looking at it because I am looking tbr a
home. And the last one l looked at was $460,000 on Second Street in Greenport.
MR. BLUM: l can shmv you a house in Southold for $350,000 that is a beautiful house, if.xou want.
SLIPERVISOR HORfON: $350,000? Exactly, I see what you are talking about.
MR. BL[IM: My point is that [ think that you guys have all gone and looked only in one direction. At
houses, building houses. But ~vhat about what xxe have here already? We haven't looked at that.
Thank 3ou.
SUPERVISOR HORTON: Okay. '['hank you. Yes, Melanie
MS. NORDEN: With all due respect, Mr. Edwards. to 3'our perspicacity in ~oting what you have
heard tonight and whether we have convinced you or not~ I want to point out. you guys are elected
officials. We did not, you are not voting and enacting and creating in a vacuum, 3ou represent us.
That is why you are there. You represent not just the landm~ners, you represent not just the business
alliance. You represent all of the taxpa3ers. And a whole bunch of taxpayers tonight are saying to you,
xxe feel that x~e are not part of this equation. We feel that you haven't reached ont to us, you can't give
me one example itl xxhich you have. You haxe said, 'oil. maybe people hale come up and said that
they are interested in afibrdable housing' A x~hole bunch of other people have said, 'he,,,', wait a
minute. We have some other concerns in ternls of the impact of this housing.' There has not been one
fornm in which you have said to people. 'okay, joe blow and the rest of you regular taxpayers, come on
and step np to the plate and give us an idea of ho~ 3ou feel.' You haven't reached out to us, ?u don't
~ote simply independent of us. you are elected by us. You represent us. That is the whole point of
representational govenunent. And somehow we ha~ e tbrgotten that tonight. We have said there are a
lot of people out here that have concerns and you have said. 'he3'. concerns, slunoncems' we don't
even need to talk about it. We don't even need to wait a xxeek. We hlo~ xdlat we feel already. We
don't e~en xxant to confer among each other. That says to me that 3our minds are made up before you
already xxalked in here. And that is what we are concerned about. ]7here is an arrogance to that, there
is an utter arrogance to say. that you don't exert need five minutes to address, even among each other.
ihe very concerns that all these people have raised. You don't need five minutes to ponder, in a quiet
forum.
SUPERVISOR HORTON: No~ we didn't say that.
COUNCILMAN EDWARDS: 1 said nothing of the kind.
MS. NORD[:N: Well. xxhat you said is. '1 am prepared to xote.'
SUPERV[S()R HORTON: Melanie, stop the attack.
June 29, 2004 45
Public Hearing-Affordable Housing
COLINC[LMAN EDWARDS: Could I say xxhat I said and make it clear?
MS. N()RDEN: And you said we haven't convinced )ou othemise.
COUNCILMAN EDWARDS: Melanie.
MS. NORDEN: I know but x~by is it necessary for me to convince you otherwise xxhen you are an
elected official?
SUPERVISOR HORTON: Please stop the attacks.
MS. NORDEN: You said, 'l don't need to think about it. Nobody bas convinced me.'
COUNCILMAN EDWARDS: Melanie, could I respond?
MS. NORDEN: Fine. Please do.
SUPERVISOR HORTON: lhe back and forth is. it is not...
MS. NORDEN: I am addressing the colnlnent of a represented official, so lees hear ~hat tie has to
sa.,,'.
COUNCILMAN EDWARDS: I was very careful to sa3'. that I did not even indicate how I would vote
on this legislation, simply that we come here and ifx~e hear something that says we shouldn't vote, ,,~e
don~t, l simply said, I haven't. However, I x~ill say this just so you knox,, I calculated that at the end
of last years campaign· that I bad knocked on the doors of fully 10% of the homes ill the Town of
Southold and I doubt that anybody else did anything approaching that. Not ever3 body ~vas borne, but a
lot of people xxere inclnding, I am sure. people in this room. And the o~erx~helming concern I heard in
this Town, house alter house, voter after voter, was do something about afibrdable housing. It was the
number one concern in this Town.
MS. NORDEN: I don't think people understood the implications of it.
SLIPERVISOR HOP, TON: fhis is...
MS. NORDEN: I am just sa.,,ing I don't think people understood the implications of that. You
probably didn't say. would you feel the same way if your taxes went up by $1,000'? Woald ?u feel
the same xxay if yon lived in Manhasset and your taxes were $10.0007
COUNCILMAN EDWARDS: No. I didn·t. Because I don't beliexe that it will.
MS. NORDEN: \Veil. 3 ou don't but you don't have an anal3sis of it. That is our very point.
SUPERVISOR tlOR [ON: Melanie. Melanie. You have made 5'our point very well.
June 29. 2004
Public Hearing-Aftbrdable Housing
46
tX,IS. NORDEN: [t is not a question of belief: it is a qnestion of hard fact. All we are saying, Josh. is
that Bill says be doesn't believe the taxes are going to go up. Based on what?
SIlPERVISOR HORTON: Melanie.
MS. NORDEN: I am just saying, where is our analysis of the impact of aflbrdable housing on
property taxes'? We are onl5 asking you to do tile due diligence required of any group of elected
officials. Nothing more and nothing less. To poo poo that, to say that doesn't have significance or
importance, to sa5' that you can tin'ow the baby out with the bathx~ater and not even address the issues
of property tax and its impact, I think is utterly irresponsible. I think that many people here tonight
realize that you don't put in two or three or tbur hundred units in the Town of Southold without
increases in propert,~ taxes.
SUPERVISOR HORTON: Melanie, you have got to stop those aspersions. No one is talking about
creating 100 or 200 .....
MS. NORDEN: Well, how man5: are we talking about'? Because xve asked for codification at the
beginning of tile meeting, Josh. tO ask 5 ou how man? units.
SUPERVISOR HOR]YON: Melanie. Melanie. I am going to tell you one time and one time again.
MS. NORDEN: How man,~ nnits?
SUPERVISOR HORTON: This legislation doesn't propose an5: use. It doesn't target any land, it
doesn't look at. it simply...
MS. NORDEN: It is enabling legislation that enables what? [ mean. that is the point that we have
raised over and over again. You are enabling ....
SUPERVISOR HORTON: It enables perpetual aftbrdability if in the event...
MS. NORDEN: Perpetual... but we are saying, how lnany housing units are we talking about'?
CO[INCI/MAN WICKHAM: It enables a change of zone application to come before the Board to be
considered. And to hold public hearings about it.
MS. NORDEN: I understand that. [ don't think there is a sense of responsibility. 1 think the point is,
that x~e cannot absorb 100. 200. 300, 50, 60. 70, 80. We warn a concretization of what we are really
talking about. And it is up to the Bom'd to prox ide that.
SUPERVISOR HORTON: Melanie. Melanie. No housing x~ill be built blindly without knowing
there is a need. Okay?
[viS. NORDEN: [ am not addressing, there is always, there always is a need. fhere is an
overwhelming need.
June 29, 2004 47
Puhlic Hearing-Affordable Housing
SUPERVISOR HORTON: Bul we have a responsibility to ensure that if housing is created, whether it
is through this legislation, which will also aim to work xxith the Colnmunity [,and Trust of Southold
Town and ....
MS. NORDEN: Well. it doesn't really include that. does that'? [t doesn't really include the provisions
and the ways in ~vhich you will work with the Communit3 Land Trust.
SUPERVISOR HORTON: We have entertained ..... okay. understood.
MS. NORDEN: All I am saying, Josh ....
SLIPERVISOR HORTON: I knoxx what you are saying. You have made it very clear.
]5,,IS. NORDEN: [ think it is eminently important that you take what we have said as taxpayers
seriously. That it should be part of the dialogue and if nothing else, there should be due diligence with
respect to the financial impacts of affordable housing in this Tow n.
SUPERVISOR HORTON: You are right, there should be.
MS. NORDEN: And there is no aasv, er to that at all from the Board.
SUPERVISOR HORTON: And belbre a project is approved and I am not using that word project in a
negative fashion, [ am just using that for lack of a better xxord at this point, when one is approved,
betbre one is approved, there ob'dously shoald be analysis of that. And you should have the
Superintendent of the School evaluate xx hether or not this particular one is going to, what the impact on
the school district is going to be. And also keep it in mind, that these, that this legislation speaks to
people that are in this Town. who are here.
MS. NORDEN: I understand that. But we are also. We are also.
SUPERVISOR HORTON: Exactly. You are also here. When you talk about kids in the schools, these
kids are in our schools.
MS. NORDEN: These kids are in our schools but more kids will come to our schools. Because /hr
every apartment that is left for someone that gets an affordable home, that apartment xxill continue to
exist and be rented.
SUPERVISOR HORTON: And that is why we made extra-special efforts in this legislation to ensure
that this is tbr residents of Southold Tmxn.
hiS. NORDEN: [ understand that, Josh, but the one thing that 3ou haven't addressed, is 3ou said this
will come to a hearing and x~e xvill have these aflbrdable housing separate project hearings but xxe are
asking, where is the big picture. We do not xxant a piecelneal of approving of 50 units here and next
3'ear 400 units here and the next 3'ear. 20 units there. We would like to have a vision, we xxould like to
haxe a sense of where we are going with it. We wonld like to have some concrete nulnbers. And 1
think that that is not too much to ask.
June 29, 2004 48
Public Hearing-Aftbrdable Housing
SUPERVISOR HORTON: And we can have all of that and that is absolutely ....
MS. NORDEN: But x~hen will we have that, which will more than just approving one project at a
time'?
SUPERVISOR HORION: [ am finding it very difficult to communicate xxith you right now.
MS. NORDEN: I alll finding it reall3 dit'ficult to communicate with 3ou, Josh. Because [ am not
getting any clear ans~ers at all.
SUP['~RVISOR HORTON: Okay. Understood.
MS. TOKE: When 3ou said there will be a hearing/hr every project ....
SUPERVISOR HORTON: Absolutel5.
COErNCI[,MAN EDWARDS: It is in the legislation.
MS. TOLE: Every project requires a hearing?
SUPERVISOR HORI¥)N: Every single one.
MS. TOKE: Oka3.
SUPERVISOR HORI7ON: Absolutely. We xxouldn't make a move without that.
Moved by Councilman Ross, seconded by Councilman Wickham~ it was
RESOLVED that this public hearing be and hereby is declared closed.
Vote o~' the Toxvn Board: Aye: Councilman Edx~ards, Councilman Ross, Councilman Wickham,
Councilman Romanelli. Supervisor Hortou.
This resolution was duly ADOPTED.
Southold To~n Clerk
#7009
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks successively, commencing on the
17th day of June ,2004.
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01-VO6106050
Quc~llflecl In Suffolk County
,~,Comml~lon Expires February 28,~ 2008
Sworn to before me this
2004
Principal Clerk
40 · The Suffolk T,mes · durlc ~004
LEGAL NOTICES
June 17, ',
AFFORDABLE HOUSING...
Minimum Single-Family Two-Faintly Multiple
Requiremems Dwellings Dwelling. Dwellings
Tolal lot area (square teet~ I0.000 20.000 40,000
Lot width; feet I g0 [ 00 150
Lot depth ( feet } ItX} 140 2~}
Front yard {feet~ 35 35 45
I side yard fleet) 15 t5 20
Both side yards tfeet~ 25 :~0 40
Rear 3ard {feet) ~5 35 45
Li~able floor Yea t,qum-e
§ 100-55. Application procedure.
.P,.A. Apphcation and Fee,. lhe appticanon tot rezoning 41all bc filed ~ ith
42 · The Suffolk T~mes · June ' )04
AFFORDABL£ HOUSING...
............... ' -" ':': .......... ~;'.
(41 Income elidble individuds/fmnilies ~ho predouqy lived for a minimum of
~ To all otber ebgible applicant~
E. The initial maximum sales price and maximum allowable momh[~ rent shah be
Projects (:oordinator as eligible and m need of housing. Ft;;',;dzd ~Ezt T~hc In an
cxpen~e~. All cavital imuro~emenl, require the approval of lbe Specml Projects
and c} ihe ~alue lif tmg~ upon rc~ale, lhe Housing Addso~ Commission will pro
ununl resale price ~ ~hal[ not exceed tile purchase price of such lot adiusted for
mined in the rammer specified in ~ II)l) 5611 I i hereof.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 485 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 15, 2004:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 15th day of June, 2004 a Local Law entitled "A Local Law in relation to
Amendments to the Affordable Housing District (AHD) in the Code of the Town of
Southold', now therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law on June 29, 2004 at 8:00 p.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled reads as follows: "A Local Law in relation to Amendments
to the Affordable Housing District (AItD) in the Code of the Town of Southold'
LOCAL LAW NO. of 2004
A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code
of the Town of Southold
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS
FOLLOWS:
SECTION 1. PURPOSE.
The purpose of this Local Law is to clarify the procedures and provide for certain incentives for
an applicant seeking a change of zone to Affordable Housing District (AHD). The amendment
will allow accessory, apartments in the zone, which will create more affordable housing
opportunities and help purchasers offset the expenses of housing. Further, the amendment
includes provisions for covenants and restrictions that will ensure perpetual affordability of all
homes within the district. The amendments set forth in this Local Law apply only to
development in an AHD District after June 1, 2004.
SECTION 2. CODE AMENDMENT.
Chapter 100 of the Town Code of the Town of Southold is amended as follows
ARTICLE V, Affordable Housing (AHD) District
§ 100-50. Purpose.
The purpose of the Affordable Housing (AHD) District is to provide the opportunity within
certain areas of the town for the development of high-density housing for families of moderate
income; and further, to do so with sensitivity to the historic and aesthetic character of the Town's
existing neighborhoods. Towards that end, the Planning Board shall have the authority to amend
certain setback and other specifications in order to ensure cost efficiencies and design that
furthers the Town's goals of providing quality workfome housing. Homes located within the
Affordable Housing District are intended to be affordable in perpetuity.
§ 100-51. Definitions.
For the purpose of this Article, the following terms, phrases and words shall have the following
meanings:
CONSUMER PRICE INDEX -- The consumer price index as published by the United States
Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area.
CONVEYANCE -- The transfer or transfers of any interest in real property by any method,
including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer
in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon
liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with
an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not
include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification,
extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a
mortgage; a mortgage subordination agreement, a mortgage severance agreement or an
instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to
this article or the Internal Revenue Code.
MODERATE-INCOME FAMILY ~- A family registered with the Town of Southold Housing
Registry whose aggregate annual income, including the total of all current annual income of all
family members [excluding the earnings of working family members under age eighteen
(18~] from any source whatsoever at the time of application for the pumhase or
lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not
exceed 120% of the HUD median income for the County of Suffolk. ' '
rc~c!ut~v.n cf thc Town ~v. ard.
MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or
sale to a moderate-income family and for which the maximum monthly rent (excluding utilities)
or the maximum initial sales price does not exceed the maximum rent or maximum sales price
set forth in § 100-56E hereof. Lq
~ame '~ +~ 1~+ 1: .... +~ ~..r~l~:.-- ~. ..... [Am 1992 by 1992]
................................. ~ ....... ended 12-22- L.L. No. 34-
MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale
to a moderate-income family and for which the maximum initial sales price, ' '
cf ~rov:,~ing ~ub!:.e water a.':~/~r ~ubl!e sewer :e:":i~e te tke lot, does not exceed the maximum
sales price set forth in § 100-56E hereof. Said "unimproved lot" shall mean a vacant parcel of
real property designated as a lot on a filed map, inclusive of all utilities brought to the property
line. [Amended 12-22-1992 by L.L. No. 34-1992]
PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income
family dwelling unit which cannot be removed and which provides value to the property above
and beyond repairs done to maintain the property in good condition. A permanent fixed
improvement must be approved in advance of construction or installation in writing by the
ecial Pr ects Coordinator .......... ~
SPECIAL PROJECTS COORDINATOR: Employee of the Town who is responsible for the
development, implementation and coordination of the Housing Registry and affordable housing
initiatives for the Town of Southold..
§ 100-52. Applicability.
AHD Districts shall be established by the Town Board ~""~;~"': .... ,u~ rr ..... D~,a ........
...... v ......................v ....... , on p~ce s ~ ..............................~
that have been identified t~ou~ the accepted principles of Sma~ Growth piing ~ being
appropriate ~d desirable locations for affordable housing. Such locations include, but are not
limited to: land within Hmlet Locus Zones, as may be dete~ined by the Town Board; l~d
within walking dist~ce of se~ices, shops, schools, ~d public ~anspo~ation; land that adjoins
existing centers of business ~d residential development (~ opposed to l~d adjoining fa~ ~d
open fields); ~d other locations where the project has been shown to meet a demons~able need.
~ Districts shall
?~g in :'ach ct~er area: as :~a!! be desi~ated by Town Board resolution after a public
being thereon, upon ten (10) days' notice thereof by publication in ~e official to~
newspapers.
§ 100-53. Use regulations.
In the AHD District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
A. Permitted uses.
(1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or
may be leased one time by the owner for a period not greater than two (2) years with written
approval of the Special Projects Coordinator.
(2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be
leased one time by the owner for a period not greater than two (2) years with written approval of
the Special Projects Coordinator.
(3) Multiple Dwellings,
(4) Row or Attached Dwellings
(5) Apartments are permitted within the principal building only, subject to the following
requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's
principal residence. The other dwelling unit shall be leased for year round occupancy to
an eligible person as defined by this legislation and as evidenced by a written lease for a
term of one or more years.
(c) The apartment shall contain not less than three hundred and fifty square feet and shall not
exceed a square footage equal to one half the total enclosed square footage of the
principal dwelling and shall not contain more than one bathroom.
(d) A minimum of one off-street parking space shall be provided.
(e) Not more than one accessory apartment shall be provided per single family dwelling.
(0 Not more than fifty percent (50%) of homes in an approved AHD shall have accessory
apartments.
B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(1), (2), (3), (4), (6)
and (7) of this chapter.
§ 100-54. Bulk, area and parking regulations.
&. No building or premises shall be used and no building or part thereof shall be erected or
altered in the AHD District unless the same conforms to the following Bulk, Area and Parking
Schedule:
BULK, AREA AND PARKING SCHEDULE
Minimum Single-Family Two-Family Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area (square feet) 10,000 20,000 40,000
Lot width (feet) 80 100 150
Lot depth (feet) 100 140 200
Front yard (feet) 35 35 45
1 side yard (feet) 15 15 20
Both side yards (feet) 25 30 40
Rear yard (feet) 35 35 45
Livable floor area 850 600 600
(square feet per dwelling)
Off-street parking spaces 2 2 2
(per dwelling)
Land area (square feet 10,000 10,000 10,000
per dwelling unit)
Lot coverage (percent) 20% 25% 25%
Building height 35 35 35
Numberofstories 2 1/2 2 1/2 2 ½
B. Where cost efficiencies and sound design in furtherance of the Town's goals for the AHD
zone can be realized, the Planning Board shall have the authority to reduce or amend certain yard
setback requirements, lot dimension requirements and highway specifications. Any amendment
to highway specifications shall meet with the approval of the Highway Superintendent.
§ 100-55. Application procedure.
B.A.. Application and Fees. The application for rezoning shall be filed with the Town Clerk, in
a form approved by the Town Board and available in the office of the Town Clerk. Fees
applicable to the AHD zoning application shall be set by resolution of the Town Board.
A.B. Application procedure. The procedure for p!ar_-2ng and zzn;,ng approval of any future
development in a proposed AHD District shall involve a three-stage review process as follows:
(1) Approval by the Town Board of a preliminary development concept plan.
(2) Approval of the final, detailed subdivision plat by the Planning Board.*
(3) The zoning reclassification by the Town Board of a specific pamel or pamels of land for
development in accordance with that plan.*
*NOTE: The town shall, in all instances, process Subsection A~_(2) and (3) above concurrently
so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated
review of the entire application.
C. Referral to Planning Board. Upon the receipt of a properly completed application for the
establishment ora new AHD District, one (1) copy of the application shall be referred to the
Planning Board for its review and report, and one (1) copy shall be referred to the Suffolk
County Planning Commission for its review and recommendation, if required by the provisions
of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board
meeting at which such referral is received, the Planning Board shall report its recommendations
to the Town Board. No action shall be taken by the Town Board until receipt of the Planning
Board report or the expiration of the Planning Board review period, whichever first occurs. Said
reviexv period may be extended by mutual consent of the Planning Board and the applicant.
D. Planning Board report. The Planning Board, in its report to the Town Board, may
recommend either approval of the application for the establishment of the AHD District, with or
without modifications, or disapproval of said application. In the event that the Planning Board
recommends disapproval of said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the Planning Board shall give
consideration to the Town ,Maztzr Comprehensive Plan, the existing and permitted land uses in
the area, the relationship of the proposed design and location of buildings on the site, traffic
circulation, both on and off the site, the adequacy and availability of community facilities and
utilities, including public water and public sewer systems, to service the proposed development,
compliance of the proposed development with the standards and requirements of this Article, the
then-current need for such housing and such other factors as may be related to the purposes of
this Article.
E. Toxvn Board public hearing. Within forty-five (45) days from the date of the Town
Board's receipt of the Planning Board's report and recommendation or the expiration of the
Planning Board review period, whichever first occurs, the Town Board shall hold a public
hearing on the matter of establishing an AHD District on the property described in the
application. Such hearing shall be held upon the same notice as required by law for amendments
to the Town Zoning Map and/or Zoning Code.
F. Town Board action.
(1) Within forty-five (45) days after the date of the close of the public hearing, the Town
Board shall act either to approve, approve with modifications or disapprove the preliminary
development concept plan and the approval or disapproval of the establishment of the AHD
District applied for. Approval or approval with modifications shall be deemed as authority for
the applicant to proceed with the detailed design of the proposed development in accordance
with such concept plan and the procedures and requirements of this Article. A copy of the Town
Board's determination shall be filed with the Planning Board and a copy mailed to the applicant.
A copy shall also be filed in the Town Clerk's office. If such determination approves the
establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be
amended accordingly.
(2) Revocation; extension.
(a) Upon request to the Town Board on notice to the applicant and for good
cause shown, the establishment of an A/ID District may be revoked
eighteen (18) months after said Town Board approval thereof if work on
the site has not commenced or the same is not being prosecuted to
conclusion with reasonable diligence.
(b) The Town Board, upon request of the applicant and upon good cause
being shown, may, in the exercise of its discretion, extend the above time
period. In the event of the revocation of approval as herein provided, the
Al-ID District shall be deemed revoked, and the zoning classification of
the property affected thereby shall revert to the zoning classification that
existed on the property immediately prior to the establishment of the AHD
District thereon, and the Town Clerk shall cause the Official Zoning Map to be
amended accordingly.
G. Subdivision plat approval by the Planning Board.
(1) No earthwork, site work, land clearing, construction or development activities shall take
place on any property within an AHD District except in accordance with a site plan approved by
the Planning Board in accordance with the provisions of this Article and in accordance with the
procedures and standards for site plan approval as set forth in Article XXV of this chapter.
(2) Where a proposed development involves the subdivision or resubdivision of land, no
development shall proceed until the Planning Board has granted final subdivision plat approval
in accordance with the provisions of Chapter Al 06, Subdivision of Land, of the Town Code.
§ 100-56. General regulations and requirements.
require the recording of coven~ts ~d resections that shall apply to all real prope~y within the
~ Disffict. The coven~ts ~d restrictions shall contain te~s ~d conditions as the Town
Board and Planning Board deem necessary to insure the property is used for purposes consistent
with the purposes for which the AHD zoning classification was created, and they shall be subiect
to the approval of the Town Attorney. The covenants and restrictions shall include the
following:
An owner of an improved or unimproved parcel of property within the AHD
District shall, at least thirty (30) days prior to entering into an agreement or
contract to convey the parcel, provide a copy of the proposed contract to the
Town Clerk with a written notice of the owner's intent to enter into the contract.
The Town Clerk shall forward a copy of the owner's notice of intent and the
proposed contract to the Town Board and Special Projects Coordinator. Within
twenty (20) days of receipt of the owner's notice of intention, the Town shall
notify the owner in writing as to whether or not the terms of the sale comply with
the provisions of this Chapter relating to the resale of AHD parcels.
That an improved or unimproved parcel ofproperW within the AHD District shall
not be conveyed without xvritten approval of the Southold Town Board.
The leasing of an improved or unimproved parcel of property or portion thereof
shall be by written lease.
An owner o fan improved or unimproved parcel of property within the AHD
District shall, at least fourteen (14) days prior to entering into a lease with regard
to said parcel, provide a copy of the proposed lease to the Town Clerk with a
written notice of the owner's intent to enter into the lease. The Town Clerk shall
forward a copy of the owner's notice of intent and the proposed lease to the Town
Board and to the Special Projects Coordinator. Within seven (7) days of receipt
of the owner's notice of intention, the Town shall notify the owner in writing as to
whether or not the terms of the lease comply with the provisions of this Chapter
relating to the leasing of AHD parcels.
An owner of an improved or unimproved parcel of property within the AHD
District shall not lease the property without obtaining the written approval fi.om
the Town of Southold.
C. Provision for moderate-income family dwelling units and unimproved lots.
(1) On land within an AHD District conta£n:'ng *~" fl .~ ....... 1 .... c 1~ -~ 1 .... ~
f~%~p~M40%~ each dwelling unit and/or unimproved lot located therein shall be reserved
for sale or lease to moderate income families registered with the Town of Southold Housing
Registry.
1 ........ ~4 ..... ; ..... e*~;l:~. Fiffyp t(50'/o) f ail bi h h llbe ffeedfo
or .................................... ercen o av a e omess a o r r
sale or lease to eligible applicants whose income does not exceed eighty percent (80%) of the
HUD median income for the County of Suffolk.
D. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be
reserved for moderate-income families who k=vz donor had have any ownership interest in any
other residence or vacant lot. fzr t~e pagt five ,~, , .... The net worth of an applicant (individual
or family) shall not exceed twenty- five (25%) percent of the purchase price of a home sold
pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery
system will be administered by the Special Projects Coordinator within each group in a formula
acceptable to the Town Board. The priority groups are as follows:
,,r,~:.~. ......... :r.--u~.~.~ ....:a.:~ ,~.~ ~- ..... r e~...~.~l,~ Income eligible individuals or
families who have lived and worked in the Town of Southold for a period of at least one (1) year
prior to the submission of their application.
(2) Income eligible individuals or families who have lived in the Town of Southold for a
period of at least one (1) year prior to the submission of their application.
(3) Income eligible individuals/families who have been employed in the Town of Southold
for a period of at least one (1) year prior to the submission of their application.
(4) Income eligible individuals/families who previously lived for a minimum of one (1) year
in the Town of Southold and wish to return.
(5) To all other eligible applicants.
E. The initial maximum sales price and maximum allowable monthly rent shall be set by
resolution of the Town Board, as amended from time to time.
F. Resale price of dwelling units and unimproved lots.
(1) Dwelling units in an Al-ID District reserved for moderate-income families may must be
resold to moderate-income families who are registered with the Special Proiects Coordinator as
eligible and in need of housing, v ............ _T{he In an effort to ensure perpetual affordability
the maximum resale price does shall not exceed the purchase price plus the cost of permanent
fixed improvements, adjusted for the increase in the consumer price index during the period of
ownership of such dwelling unit and such capital improvements plus reasonable and necessary
resale expenses. All capital improvements require the approval of the Special Projects
Coordinator who will submit such improvements to the Housing Advisory Commission for
determination off a) whether the capital improvement is warranted and b) if warranted, the
value of appreciation to the property at time of improvement and c) the value (if any) upon
resale. The Housing Advisory Commission will provide quarterly reports to the Town Board
pertaining to AHD provisions (i.e. sales, resales, capital improvements, etc).
(2) Unimproved lots in an AHD District reserved for registered moderate-income families
may must be resold to moderate-Income families;, t- ............. The maximum resale price
does shall not exceed the purchase price of such lot adjusted for the change in the consumer price
index for the period during which such lot was owned by the resale seller, plus reasonable and
necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved for moderate-income families is
improved with a dwelling unit, the maximum resale pr/ce shall be determined in the manner
specified in § 100-56F(1) hereof.
...... tk ........... g . .
L .......... 1. 1992 5y No.
G. The pricing structure for rental properties must not exceed the rent limits as established by
the Suffolk County Affordable Housing Opportunities Program. The Town Board may, at its
discretion, impose restrictions regarding rentals.
§ 100-57. Administration.
A. General duties of Special Projects Coordinator
(1) The Special Projects Coordinator Dirzctcr shall be responsible for the administration of
dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts
pursuant to the provisions of this Article.
(2) The Special Projects Coordinator g4r~c~ shall promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for moderate-income families
in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices
and monthly rent for such dwelling units and lots; and the names and addresses of eligible
families desiring to purchase or lease the same, together with a priority list of such families. The
Special Projects Coordinator ~ shall maintain such other records and documents as shall
be required to properly administer the provisions of this Article.
B. Interagency cooperation.
(1) Whenever the Town Board approves the establishment of an AHD District, a copy of
such determination shall be filed with the Building Inspector and the Special Projects
Coordinator Director, together with a copy of any agreements and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting
land within an AHD District, a copy thereof shall be filed with the Building Inspector and the
Special Projects Coordinator Dir:ctcr, together with copies of any agreements and/or covenants
relating thereto.
(3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy
or any other permit or authorization affecting dwelling units and/or unimproved lots located in an
AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be
filed with the Special Projects Coordinator ~
C. Procedure.
(1) Whenever the Building Inspector receives an application for a building permit or a
certificate of occupancy for a dwelling unit or unimproved lot located in an Al-ID District and
reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy
thereof with the Special Projects Coordinator--l~-ee~, who shall inform the owner and/or person
filing such application of the maximum sales price or monthly rent for such dwelling unit or lot
as well as eligibility requirements for families seeking to purchase or lease such dwelling units or
lots.
(2) No building permit or certificate of occupancy may be issued by the Building Inspector
until the Special Projects Coordinator D[rzc~tor has supplied the Building Inspector with the
information provided for in the preceding subsection and the Building Inspector determines that
the issuance of the building permit or certificate of occupancy will not permit a use, occupancy,
sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this Article.
(3) The Special Proiects Coordinator ~ shall certify the eligibility of all applicants for
lease or purchase of dwelling units and unimproved lots reserved for moderate-income families.
An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale
or lease to moderate-income families shall not sell or lease the same to any person who does not
possess a certificate of eligibility issued by the Special Projects Coordinator Dire,~t,~r. A violation
of the provisions of this subsection shall constitute grounds for the revocation ora certificate of
occupancy.
(4) On or before March 31 of each year, the Special Proiects Coordinator tX, r-eetor shall
notify the owner or manager of dwelling units and unimproved lots reserved for moderate-
income families of the monthly rent, sales price and income eligibility requirements for such
units and lots based upon data derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots reserved for moderate-
income families shall certify in writing to the Special Proiects Coordinator4~,or on or before
May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the
provisions of this Article and Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the
lease for such unit shall not exceed a term of two (2) years.
(7) An applicant for a certificate of eligibility aggrieved by any determination of the Special
Proiects Coordinator Director shall have the right to appeal such determination to the Town
Board at its next regularly scheduled work session or to any standing committee of the Town
Board designated by resolution to hear such appeals. [Added 12-28-1990 by L.L. No. 31-1990]
(8) The only covenants and restrictions which may even be placed upon any lot or dwelling
unit in an AHD District must be first approved by action of the Town Board. [Added 12-22-1992
by L.L. No. 34-1992]
§ 100-58. Applicability of other Code provisions.
All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with
the provisions of this Article shall be applicable in the AHD District.
§ 100-59. Penalties for offenses. [Added 12-22-1992 by L.L. No. 34-1992]
Any violation of any provision of this Article shall be punishable in the following manner:
A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five
thousand dollars ($5,000.).
B. Second offense and for any offense thereafter: by a fine of not less than five thousand
dollars ($5,000.) and not more than ten thousand dollars ($10,000.) for each offense.
C. Any offense under this Article may be punishable by revocation of an existing Certificate
of Occupancy.
D. Any individual who has violated Covenants and Restrictions imposed pursuant to this
Article shall be prohibited from further participation in ownership opportunities and benefits
within an approved AHD District.
Strike-through represents deletion.
Underline represents insertion.
Elizabeth A. Neville
Southold Town Clerk
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 1, 2004
5:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE
AFFORDABLE HOUSING DISTRICT (AHD) IN THE CODE OF THE TOWN OF
SOUTHOLD."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
To~vn Clerk Elizabeth A. Neville
Town Attorney Patricia A. Firmegan
Absent: Councilman John M. Romanelli
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there was presented to the
Town Board of the Town of Southold, Suffolk County., New York, on the 4th day of May, 2004 a
Local Law entitled "A Local Law in relation to Amendments to the Affordable Housing District
(AHD) in the Code of the Toxvn of Southold", 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 on June 1, 2004 at 5:00 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled reads as follows: "A Local Law in relation to Amendments to the
Affordable Housing District (AHD) in the Code of the Town of Southold'
LOCAL LAW NO. of 2004
A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of
the Town of Southold
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
SECTION 1. PURPOSE_.
The purpose of this Local Law is to clarify the procedures and provide for certain incentives for
an applicant seeking a change of zone to Mfordable Housing District (AItD). The amendment
will allow accessory apartments in the zone, which will create more affordable housing
opportunities and help purchasers offset the expenses of housing. Further, the amendment
includes provisions for covenants and restrictions that will ensure perpetual affordability of all
homes within the district. The amendments set forth in this Local Law apply only to
development in an AItD District after June 1, 2004.
SECTION 2. CODE AMENDMENT.
Chapter 100 of the Town Code of the Toxvn of Southold is amended as follows
ARTICLE V, Affordable Housing (AHD) District
June I, 2004 2
Public Hearing-Amendments to Affordable Housing District
§ 100-50. Purpose.
The purpose of the Affordable Housing (AHD) District is to provide the opportunity xvithin certain
areas of the town for the development of high-density housing for families of moderate income; and
further, to do so with sensitivity to the historic and aesthetic character of the Town's existing
neighborhoods· Towards that end, the Planning Board shall have the authority to amend certain
setback and other specifications in order to ensure cost efficiencies and design that furthers the Town's
goals of providing quality workforce housing. Homes located within the Affordable Housing District
are intended to be affordable in perpetuity.
§ 100-51. Definitions.
For the purpose of this Article, the following terms, phrases and words shall have the following
meanings:
CONSUMER PRICE INDEX -- The consumer price index as published by the United States
Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area.
CONVEYANCE -- The transfer or transfers of any interest in real property by any method, including
but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of
foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a
receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real
property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance
made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading,
severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage
subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct
a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code.
MODERATE-INCOME FAMILY -- A family registered ~vith the Workforce Housing Registry whose
aggregate armual income, including the total of all current annual income of all family members
[excluding the earnings of working family members under age eighteen (18)~] from any
source whatsoever at the time of application for the purchase or lease of an affordable housing unit or
the purchase of an unimproved affordable lot, does not exceed 120% of the HUD median income for
the County of Suffolk .............. ~:"~'~
MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or sale to a
moderate-income family and for which the maximum monthly rent (excluding utilities) or the
maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in §
dwc!!:,ng kcu,~c. [Amended 12-22-1992 by L.L. No. 34-1992]
MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale to a
moderate-income family and for which the maximum initial sales price, ' '
· ~^, pti
v ........ e, v ................ v .....ge. ,,' ................ , does not exceed the maximum sales ce
set forth in § 100-56E hereofi Said "unimproved lot" shall mean a vacant parcel of real property
designated as a lot on a filed map, inclusive of all utilities brought to the property line. [Amended 12-
22-1992 by L.L. No. 34-1992]
PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income family
dwelling unit which cannot be removed and which provides value to the property above and beyond
repairs done to maintain the property in good condition· A permanent fixed improvement must be
approved in advance of construction or installation in writing by the Special Proiects
Coordinator.wit~eut ~"~-~* *:~ '~ ..... ' '~'~' ~ .... ~"~
..... an .......... ~,~ tc prem::.7,:, or ......... ofv ....cfg~d im~rc,:'cmcnts.
June 1, 2004 3
Public Heating-Amendments to Affordable Housing District
SPECIAL PROJECTS COORDINATOR: Employee of the Toxvn who is responsible for the
development, implementation and coordination of Workforce Housing Registry and affordable housing
initiatives for the Town of Southold..
§ 100-$2. Applicabilit3,.
Al-ID Districts shall be established by the Town Board ~-~:~':
tl;. v ...................... v ....... , on parcels of land located within the following areas:
D.A. Land in such other areas as shall be designated by Town Board resolution after a public hearing
thereon, upon ten (I0) days' notice thereof by publication in the official town newspapers.
§ 100-$3. Use regulations.
In the AHD District, no building or premises shall be used and no building or part ora building shall
be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
use except the following:
A. Permitted uses.
(1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be
leased by the owner for a period not greater than two (2) years with written approval of the Special
Projects Coordinator.
(2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be leased
by the owner for a period not greater than two (2) years with written approval of the Special Proiects
Coordinator.
(3) Multiple Dwellings.
(4) Apartments are permitted within the principal building only, subiect to the following
requirements:
(a) The accessory apartment shall be located in the principal building.
{b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's
principal residence. The other dwelling unit shall be leased for year round occupancy to an
eligible person as defined by this legislation and as evidenced by a written lease for a term of
(c) The apartment shall contain not less than three hundred and fifty square feet and shall not
exceed a square footage equal to one half the total enclosed square footage of the principal
dwelling and shall not contain more than one bathroom.
(d) A minimum of one off-street parking space shall be provided.
(e) Not more than one accessory apartment shall be provided per single family dwelling.
B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(I), (2), (3), (4), (6) and
(7) of this chapter.
§ 100-54. Bulk, area and parking regulations.
A.._, No building or premises shall be used and no building or part thereof shall be erected or altered in
the Al-ID District unless the same conforms to the following Bulk, Area and Parking Schedule:
BULK, AREA AND PARKING SCHEDULE
June 1, 2004 4
Public Hearing-Amendments to Affordable Housing District
Minimum Single-Family
Requirements Dwellings
Total lot area (square feet)
Lot width (feet) 80
Lot depth (feet) 100
Front yard (feet) 35
1 side yard (feet) 15
Both side yards (feet) 25
Rear yard (feet) 35
Livable floor area 850
(square feet per dwelling)
Off-street parking spaces
(per dwelling)
Land area (square feet 10,000
per dwelling unit)
Lot coverage (pement)
Building height 35
Number of stories 2 1/2
Two-Family Multiple
Dwellings Dwellings
10,000 20,000 40,000
100 150
140 200
35 45
15 20
30 40
35 45
600 600
2 2 2
10,000 10,000
20% 25% 25%
35 35
2 i/2 2 ~/~
B. Where cost efficiencies and sound design in furtherance of the Town's goals for the AHD zone can
be realized, the Planning Board shall have the authority to reduce or amend certain yard setback
requirements, lot dimension requirements and highxva¥ specifications. Any amendment to highway
specifications shall meet with the approval of the Highway Superintendent.
§ 100-55. Application procedure.
B.A.. Application and Fees. The application for rezoning shall be filed with the Town Clerk~ in
a form approved bv the Town Board and available in the office of the Town Clerk. Fees
applicable to the AHD zoning application shall be set by resolution of the Town Board.
A.B. Application procedure. The procedure for v ....... e, ........... ~, approval of any future
development in a proposed AHD District shall involve a three-stage review process as follows:
(l) Approval by the Town Board of a preliminary development concept plan.
(2) Approval of the final, detailed subdivision plat by the Planning Board.*
(3) The zoning reclassification by the Town Board of a specific parcel or parcels of land for
development in accordance with that plan.*
*NOTE: The town shall, in all instances, process Subsection A(2) and (3) above concurrently so as to
enable the municipality to utilize a single SEQRA process and conduct a coordinated review of the
entire application.
any
June 1, 2004 5
Public Hearing-Amendments to Affordable Housing District
0
(e) A p!;n :hcwLng *~ .... ~ ..... -.- loc ...........prc
~, .... pa ....... v.~,~ot: ...... ia wa!rod.
C. Refe~al to Plying Board. Upon the receipt of a properly completed application for the
establis~ent of a new ~ District, one (1) copy of~e application shall be refe~ed to the Piing
Bo~d for its review ~d repo~, and one (1) copy shall be refe~ed to ~e Suffolk Coun~ Pl~g
Co~ission for its review ~d reco~endation, if required by the provisions of the Suffolk Co~
Cheer. Within sixty (60) days ~om the date of the Pl~ng Bo~d meeting at which such refe~al is
June l, 2004 6
Public Heating-Amendments to Affordable Housing District
received, the Planning Board shall report its recommendations to the Town Board. No action shall be
taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning
Board review period, whichever first occurs. Said review period may be extended by mutual consent of
the Planning Board and the applicant.
D. Planning Board report. The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD District, with or without
modifications, or disapproval of said application. In the event that the Planning Board recommends
disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing
its report and recommendations, the Planning Board shall give consideration to the Town Master
Comprehensive Plan, the existing and permitted land uses in the area, the relationship of the proposed
design and location of buildings on the site, traffic circulation, both on and off the site, the adequacy
and availability of community facilities and utilities, including public water and public sewer systems,
to service the proposed development, compliance of the proposed development with the standards and
requirements of this Article, the then-current need for such housing and such other factors as may be
related to the purposes of this Article.
E. Town Board public hearing. Within forty-five (45) days fi.om the date of the Town Board's
receipt of the Planning Board's report and recommendation or the expiration of the Planning Board
review period, whichever first occurs, the Toxvn Board shall hold a public hearing on the matter of
establishing an AHD District on the property described in the application. Such hearing shall be held
upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning
Code.
F. Town Board action.
(1) Within forty-five (45) days after the date of the close of the public heating, the Town Board
shall act either to approve, approve with modifications or disapprove the preliminary development
concept plan and the approval or disapproval of the establishment of the AHD District applied for.
Approval or approval with modifications shall be deemed as authority for the applicant to proceed with
the detailed design of the proposed development in accordance with such concept plan and the
procedures and requirements of this Article. A copy of the Town Board's determination shall be filed
with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town
Clerk's office. If such determination approves the establishment of a new AHD District, the Town
Clerk shall cause the Official Zoning Map to be amended accordingly.
(2) Revocation; extension.
(a) Upon request to the Town Board on notice to the applicant and for good
cause shown, the establishment of an AHD District may be revoked
eighteen (18) months after said Town Board approval thereof if work on
the site has not commenced or the same is not being prosecuted to
conclusion with reasonable diligence.
(b) The Town Board, upon request of the applicant and upon good cause
being shown, may, in the exercise of its discretion, extend the above time
period. In the event of the revocation of approval as herein provided, the
AHD District shall be deemed revoked, and the zoning classification of
the property affected thereby shall revert to the zoning classification that
existed on the property immediately prior to the establishment of the AHD
District thereon, and the Town Clerk shall cause the Official Zoning Map to be
amended accordingly.
June 1, 2004 7
Public Hearing-Amendments to Affordable Housing District
G. Subdivision plat approval by the Planning Board.
(1) No earthwork, site work, land clearing, construction or development activities shall take place
on any property within an AHD District except in accordance with a site plan approved by the
Planning Board in accordance with the provisions of this Article and in accordance with the procedures
and standards for site plan approval as set forth in Article XXV of this chapter.
(2) Where a proposed development involves the subdivision or resubdivision of land, no
development shall proceed until the Planning Board has granted final subdivision plat approval in
accordance with the provisions of Chapter A106, Subdivision of Land, of the Town Code.
§ 100-56. General regulations and requirements.
...... ~:o~. ,~.~ :., ..... .~ ......... c+~.:. ^ .-.:.~ The Town Board shall require the recording of
covenants and restrictions that shall apply to all real property within the AHD District. The covenants
and restrictions shall contain terms and conditions as the Town Board and Planning Board deem
necessary to insure the property is used for purposes consistent with the purposes for which the AHD
zoning classification was created, and they shall be subject to the approval of the Town Attorney. The
covenants and restrictions shall include the following:
1. An owner of an improved or unimproved parcel ofproperW within the AHD District
shall, at least thirty (30) days prior to entering into an a~reement or contract to convey
the parcel, provide a copy of the proposed contract to the Town Clerk with a written
notice of the owner's intent to enter into the contract. The Town Clerk shall forward a
copy of the owner's notice of intent and the proposed contract to the Town Board and
Special Projects Coordinator. Within twenty (20) days of receipt of the owner's notice
of intention, the Town shall notify the owner in writing as to whether or not the terms of
the sale comply with the provisions of this Chapter relating to the resale of AHD
parcels.
That an improved or unimproved parcel of property within the AHD District shall not
be conveyed without written approval of the Southold Town Board.
The leasin~ of an improved or unimproved parcel of property or portion thereof shall be
by written lease.
An owner of an improved or unimproved parcel of property within the AHD District
shall, at least fourteen (14) days prior to entering into a lease with regard to said parcel,
provide a copy of the proposed lease to the Town Clerk with a written notice of the
owner's intent to enter into the lease. The Town Clerk shall forward a copy of the
owner's notice of intent and the proposed lease to the Town Board and to the Special
Projects Coordinator. Within seven (7) days of receipt of the oxvner's notice of
intention, the Town shall notify the owner in writing as to whether or not the terms of
the lease comply ~vith the provisions of this Chapter relating to the leasing of AHD
parcels.
June 1, 2004 8
Public Heating-Amendments to Affordable Housing District
5. An owner of an improved or unimproved parcel of property within the AHD District
shall not lease the property without obtaining the written approval from the Town of
Southold.
C. Provision for moderate-income family dwelling units and unimproved lots.
(1) On land within an AHD District ..... :-: ...../'1 t~x
p~mem44¢%) each dwelling unit and/or unimproved lot located therein shall be reserved for sale or
lease to moderate income families registered with the Workforce Housing Registry.
D. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall bc
reserved for moderate-income families who ha;'; donot had have any ownership interest in any other
residence or vacant lot. ,t~ The eligible applicants shall be grouped on a priority
basis, and a lottery system will be administered by the Special Projects Coordinator within each group
in a formula acceptable to the Town Board. The priority groups are as follows:
~. Income eligible individuals or families who have lived and worked in the Town of
Southold and who provide volunteer emergency and/or life saving services for residents of the Town,
for a period of at least one (1) year prior to the submission of their application.
.......~;*~' :pox::, ..:~,vr"--':~"~'~ ....... .... , ............ ;*~:- *~'~ Town of Southc,!~ Income eligible individuals or families who
have lived and worked in the Town of Southold for a period of at least one (1) year prior to the
submission of their application.
(3) WA~ ~ ~..~ ''"'''.A'~'~' '--~''~''~';~a'' .... ~VV'''~--'~'~: ..... Income eligible individuals or families who have lived in the
Town of Southold for a period of at least one (1) year prior to the submission of their application.
(4) Income eligible individuals/families who have been employed in the Town of Southold for a
period of at least one (1) year prior to the submission of their application.
(5) Income eligible individuals/families who previously lived for a minimum of one (1) year in
the Town of Southold and wish to return.
E. The initial maximum sales price and maximum allowable monthly rent shall be set by
resolution of the Town Board, as amended from time to time.
F. Resale price of dwelling units and unimproved lots.
(1) Dwelling units in an AHD District reserved for moderate-income families ma)' must be resold
to moderate-income families who are registered with the Special Projects Coordinator as eligible and
in need of Workforce Housing. --~-';,4~,4
v ............T~he In an effort to ensure perpetual affordability the
maximum resale price doc: shall not exceed the purchase price plus the cost of permanent fixed
improvements, adjusted for the increase in the consumer price index during the period of ownership of
such dwelling unit and such capital improvements plus reasonable and necessary resale expenses. Alii
capital improvements require the approval of the Special Projects Coordinator who will submit such
improvements to the Workforce Housing Advisory Commission for determination of: a) whether the
capital improvement is warranted and b) if warranted, the value of appreciation to the property at time
of improvement and c) the value (if any) upon resale. The Workforce Housing Advisory Commission
xvill provide quarterly reports to the Town Board pertaining to AHD provisions (i.e. sales, resales,
capital improvements, etc).
June 1, 2004 9
Public Hearing-Amendments to Affordable Housing District
(2) Unimproved lots in an AHD District reserved for registered moderate-income families may
..... The maximum resale price do~s shall not
must be resold to moderate-income families;. ?rc;'id:~ *~' * _
exceed the purchase price of such lot adjusted for the change in the consumer price index for the period
during which such lot was oxvned by the resale seller, plus reasonable and necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved for moderate-income families is
improved xvith a dwelling unit, the maximum resale price shall be determined in the manner specified
in § 100-56F(1) hereof.
G. The pricing structure for rental properties must not exceed the rent limits as established by the
Suffolk County Affordable Housing Opportunities Program. The Town Board ma,/, at its discretion,
impose restrictions regarding rentals.
§ 100-57. Administration.
A. General duties of Special Projects Coordinator.
(1) The Special Projects Coordinator shall be responsible for the administration of dwelling units
and unimproved lots reserved for moderate-income families in all AHD Districts pursuant to the
provisions of this AEicle.
(2) The Special Projects Coordinator shall promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for moderate-income families in all
AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly
rent for such dwelling units and lots; and the names and addresses of eligible families desiring to
purchase or lease the same, together with a priority list of such families. The Special Projects
Coordinator shall maintain such other records and documents as shall be required to properly
administer the provisions of this Article.
B. Interagency cooperation.
June 1, 2004 10
Public Hearing-Amendments to Affordable Housing District
(1) Whenever the Town Board approves the establishment of an AHD District, a copy of such
determination shall be filed with the Building Inspector and the Special Projects Coordinator, together
with a copy of any agreements and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land
within an AHD District, a copy thereof shall be filed with the Building Inspector and the Special
Projects Coordinator, together with copies of any agreements and/or covenants relating thereto.
(3) whenever the Building Inspector shall issue a building permit, a certificate of occupancy or
any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD
District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with
the Special Projects Coordinator.
C. Procedure.
(1) Whenever the Building Inspector receives an application for a building permit or a certificate of
occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or
lease to moderate-income families, the Building Inspector shall file a copy thereof with the Special
Projects Coordinator, who shall inform the owner and/or person filing such application of the
maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements
for families seeking to purchase or lease such dwelling units or lots.
(2) No building permit or certificate of occupancy may be issued by the Building Inspector until
the Special Projects Coordinator has supplied the Building Inspector with the information provided for
in the preceding subsection and the Building Inspector determines that the issuance of the building
permit or certificate of occupancy will not permit a use, occupancy, sale or lease ora dwelling unit or
unimproved lot in violation of the provisions of this Article.
(3) The Special Projects Coordinator shall certify the eligibility of all applicants for lease or
purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of
dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to
moderate-income families shall not sell or lease the same to any person who does not possess a
certificate of eligibility issued by the Special Projects Coordinator. A violation of the provisions of this
subsection shall constitute grounds for the revocation of a certificate of occupancy.
(4) On or before March 31 of each year, the Special Projects Coordinator shall notify the owner or
manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly
rent, sales price and income eligibility requirements for such units and lots based upon data derived
from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income
families shall certify in writing to the Special Projects Coordinator, on or before May 31 of each year,
that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and
Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease
for such unit shall not exceed a term of two (2) years.
(7) An applicant for a certificate of eligibility aggrieved by any determination of the Special
Projects Coordinator shall have the right to appeal such determination to the Town Board at its next
regularly scheduled work session or to any standing committee of the Town Board designated by
resolution to hear such appeals. [Added 12-28-1990 by L.L. No. 31-1990]
(8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in
an AHD District must be first approved by action of the Town Board. [Added 12-22-1992 by L.L. No.
34-1992]
June l, 2004 11
Public Heating-Amendments to Affordable Housing District
§ 100-58. Applicability of other Code provisions.
All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with thc
provisions of this Article shall be applicable in the AHD District.
§ 100-59. Penalties for offenses. [Added 12-22-1992 by L.L. No. 34-1992]
Any violation of any provision of this Article shall be punishable in the following manner:
A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five
thousand dollars ($5,000.).
B. Second offense and for any offense thereafter: by a fine of not less than five thousand dollars
($5,000.) and not more than ten thousand dollars ($10,000.) for each offense.
C. Any offense under this Article may be punishable by revocation of an existing Certificate
of Occupancy.
D. Any individual who has violated Covenants and Restrictions imposed pursuant to this
Article shall be prohibited from further participation in ownership opportunities and benefits
within an approved AHD District.
COUNCILMAN WICKHAM: I have before me a copy of the certification that this has appeared as a
legal notice, it has also appeared on the Town Clerk's bulletin board outside this room and I have
communications fi.om Suffolk County Planning Commission: "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 of local determination as there is no apparent significant county-wide
impact." I have a letter or a memo fi.om the Planning Board office from the Town of Southold, dated
May 28, 2004 fi.om Jerilyn B. Woodhouse, Chair of the Planning Board. "The Planning Board offers
the following recommendations and observations on the draft legislation know as Proposed Local Law
in relation to AHD's. The design of the AHD should be to encourage the construction of affordable
housing shortly after the change of zone is granted. Allowing the creation of unimproved lots is felt to
be detrimental to the Town's goal of creating a supply of affordable housing. Accordingly, our
recommendation is to delete the provisions permitting the creation of unimproved lots. Currently,
Section 100-52 sets standards for the appropriate or desired location of AHD zoning. The current
standards were adopted in order to encourage the creation of affordable housing within walking
distance of hamlet centers, hence the use of a post office as a guide. The proposed legislation abolishes
these standards altogether and leaves the determination entirely up to the Town Board. The Planning
Board feels that one of the purposes of legislation is to guide property owners. Accordingly, the
proposed legislation should set forth some standard for the location of this housing. The Planning
Board recommends the following wording be added: Land that has been identified through the
accepted principles of Smart Growth planning as being appropriate and desirable for such use, such
as, but not limited to, land located within Hamlet Locus Zones, as may be determined by the Town
Board; land within *valking distance of services, shops, schools, and public transportation hubs such
as train stations; land which adjoins existing centers of business and residential development (as
opposed to land within farm and open fields) and further, where the proposed project has been shown
to meet a demonstrable need. Section 100-53 proposed to permit the creation of two-family dwellings,
one of which is to be occupied by the owner of the dwelling unless the Special Projects Coordinator
approves its rental for a period of two years. The language should be clear that only one of the two
dwelling units within the structure can be leased under the terms of this section. Section 100-53 does
not indicate if the two-year lease option is available to be exercised on a one-time only basis per
property owner. The Board recommends that this be a one-time only basis. Section 100-53 permits
June I, 2004 12
Public Hearing-Amendments to Affordable Housing District
multiple dwellings but does not specify that these dwellings may be rentals. The Board recommends
that rentals be specified. Section 100-53 permits the construction of accessory apartments within the
"principal building." This language would permit the construction of accessory apartments in two-
family houses as well as a multiple dwelling. It is suggested that the accessory apartment be permitted
only where a single family dwelling is built. Section 100-53 provides no limits to the numbers of
accessory apartments that may be constructed within an AHD zoned parcel. Given that the AHD zone
permits the equivalent of quarter acre density, the proposed wording could result in a significant
additional increase of density within and AHD subdivision. The Planning Board considers this
potential increase so great as to be a potential detriment to site design and community character. Thus,
our recommendation is to place a cap on the number of accessory apartments that will be pennitted to
at least 50% of the total number possible within a given subdivision project. Further, the code should
prohibit the addition of accessory apartments after the construction of the dwelling unit. Section 100-
56C should refer to individuals as well as families so as to be consistent with 100-56D. Lastly, it is not
clear if a senior citizen who had lived and possibly worked in Southold would be eligible for inclusion
on the Workforce Housing Registry? In closing, with the recommended changes noted above, the
Planning Board supports the proposed amendments to Chapter 100-50 through 100-59 of the Town
Code, dealing with the AHD. And that is all the communications that we have.
SUPERVISOR HORTON: Thank you very much, Councilman Wickham. I appreciate your ability to
articulately and eloquently open these public hearings. At this point, we open the floor to the public.
Ms. Tole.
KATHY TOLE: Kathy Tole, Greenport. I have a few quick questions. Is this a substitute for HALO
districts?
SUPERVISOR HORTON: No.
MS. TOLE: Will this conflict with HALO districts?
SUPERVISOR HORTON: No. Actually, the Planning Board's recommendation were to make it more
consistent with that concept and I think, at least this Board member would like to see that incorporated
into this legislation.
MS. TOLE: Didn't we set aside funds to do a study on HALO districts and we are waiting for a
response on that?
SUPERVISOR HORTON: Yes. We hope to have those groups compiled within the next two weeks.
MS. TOLE: Are we then jumping the gun a little with this, if we have a, if this is supposed to be kind
of a match or mate to the HALO district concept, aren't we jumping the gun a little with this then, in
advance of the HALO report coming in?
SUPERVISOR HORTON: I don't, I see your, yottr point is well made and I see what would raise that
question. I feel that, fi.om my perspective, no; I think that what we are trying to do is strengthen a code
that already exists. It is already on the books. You know, we are not creating a brand new law, that is
not in existence, we are amending a current law that is on the books to bring it in line with the needs of
June 1, 2004 13
Public Hearing-Amendments to Affordable Housing District
the current status and essentially, this will be a, this code, what I envision is a code that is more or less
a floating zone, if that is the proper terminology to be used within hamlet areas. And that is how it
exists now, and I think we have to ensure that it remains as such.
COUNCILMAN WlCKHAM: May I add, this law provides for what would be undertaken in the
affordable housing districts. The hamlet study and the hamlet center work would define exactly where
they will be. So they are complimentary, they will go together. This is just one of the two steps
necessary to define the functions and the purpose and how it will work and the second one is to define
more clearly where it will go.
SUPERVISOR HORTON: So essentially, this is technicalities and logistics...
MS. TOLE: That will help the implementation of the HALO districts?
SUPERVISOR HORTON: Yes. And the HALO planning process xvill be about actual geographic
area.
MS. TOLE: Then it is the intent of this Board not to accept these applications until completion and
acceptance of the HALO district report? Completion, refinement, acceptance, kind of definitions?
SUPERVISOR HORTON: The short answer to that is no because currently the law as it exists and if it
were modified to be in compliance with the, to come into agreement with the Planning Board
recommendation, which xvere strong and also we have the recommendation from another source as
well, the Board could make use of this within the already understood hamlet areas and the HALO
zones, as I see are going to be further defined.
MS. TOLE: Well, the trouble with that is then you are presuming to have already decided what the
experts will be telling you and while it is somewhat apparent what the HALO districts will be, perhaps
by simply changing the effective date from June 1 or whenever this is enacted, and give a little lee time
and make this effective perhaps July 1, August I; there might be a little room to wiggle if there is a
conflict that comes out of this other study and there are always surprises that come out of studies.
SUPERVISOR HORTON: That is true.
MS. TOLE: So I xvould request that perhaps we, not interminably delay this, but that we perhaps put it
a little more in sync with the HALO study.
SUPERVISOR HORTON: Okay.
MS. TOLE: Another question that I have is, you talk about applicants not being allowed to have other
properties, to be property owners. Is there any consideration for assets? And I can give you an
example that comes to mind because I have seen it, a person who rents in New York City would love
to have a summer place out here, signs a one-year, two-year lease. Has a stock portfolio that one
would blush over and they have a long-term lease and they are out here every weekend, they can
declare it their primary residence if they wish. They can even vote here.
June 1, 2004 14
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: If that ~vas the case, they would lose their rent controlled apartment in
New York, which is enabling them to stay there as well. Your point is well-made .....
MS. TOLE: Perhaps, but still it demonstrates a point whereas this could be undermined very easily by
either not owning property themselves or having a spouse own it or some other thing. So perhaps asset
management needs to be somehow, or asset assessment needs to be put in here in order to fulfill what
this is intended to do.
SUPERVISOR HORTON: Right. And I agree xvith you, on that specifically. We had some discussion
at the Town Board work session about that, reviewing assets other than real estate holdings. Obviously
real estate holdings would prohibit one from participating and I think that Mr. Beltz is looking into that
point specifically. It is not the Board's intention to vote on this law tonight, because we have had a lot
of input from the Planning Board and also from an attorney we hired, who is a housing specialist, to
review this and we wanted to also garner public input. So these things will be included.
MS. TOLE: Then it is your intention to respond to some of the recommendations made by the
Planning Board and to incorporate those were you deem appropriate and post the changes.
SUPERVISOR HORTON: I checked off all but one that I would like to see incorporated.
MS. TOLE: Oh, okay. So this will come out in another version to be reviexved?
SUPERVISOR HORTON: Yes.
MS. TOLE: Okay. One of the stumbling blocks that this town has encountered in trying to
accomplish this sort of thing has been Suffolk County Health Department. And I would like to know
how we can authorize a second residential trait and increased waste disposal without having their
permission or can we not?
SUPERVISOR HORTON: So you mean in regards to the accessory apartments in single-family
homes?
MS. TOLE: Yes.
SUPERVISOR HORTON: We actually checked with the Health Department in crafting this and the
Health Department's policy in south of the ground water management zone that Southold Town is in,
the Health Department does allow single family residences to have accessory apartments and the
regulations provide for that, currently, right now as it stands.
MS. TOLE: Oh, okay. Regardless of number of inhabitants or anything?
SUPERVISOR HORTON: Yes.
MS. TOLE: As I recall, when you apply for your health department permit, you more or less certify
that it is a single family unit and that it is going to have an average of 800 gallons a day, week, month
or whatever it is. And they are unbothered by any change in that?
June l, 2004 15
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: Yes, that is correct. There current regulations provide for that opportunity
in any zoning, throughout town.
MS. TOLE: Rent guidelines, and rent caps become a concern. What is fair to the landlord or landlady,
what is fair to the tenant and what is truly affordable within that whole spectrum. Is that addressed in
any way by providing caps on the rental units to accomplish this goal?
SUPERVISOR HORTON: Yes, I believe what we have in here is that it has to be in compliance with,
do you have it specifically with Suffolk County?
COUNCILMAN WlCKHAM: The price structure for rental properties must not exceed the rent limits
as established by the Suffolk County Affordable Housing opportunities program.
MS. TOLE: Oh, okay. And are those same guidelines then being used for the applicants
qualifications?
SUPERVISOR HORTON: I don't follow that question.
MS. TOLE: For the person who will inhabit this affordable housing, will they also meet the same
criteria, the same chart? Because it seems to be somewhere in the realm of $46,000. Is that right?
$46,000 income?
COUNCILMAN WICKHAM: You are referring to the income levels?
MS. TOLE: Yes, for the applicant.
COUNCILMAN WlCKHAM: We are establishing criteria here that, there is a median income for this
area, for the County of Suffolk. This legislation would def'me anyone eligible to make an application
who has income of up to 120% of that median income level. Now, the selection of people from that
pool would be on a lottery basis of anybody who falls within that pool.
MS. TOLE: Alright, now, just considerations, this person who is currently earning $50,000,
arbitrarily, now becomes the next general partner in the local law firm and pops up to $200,000. Will
they have an in perpetuity provision to remain in affordable housing.
SUPERVISOR HORTON: If they are a homeowner or if they are a renter?
MS. TOLE: A renter, I am thinking of.
SUPERVISOR HORTON: There is not a provision in here that says 'now you make a lot of money,
you have to get out.'
MS. TOLE: Alright. Here is my concern as an example, somebody who leaves private service goes
into public service, eventually goes back into private service and bounces up by $100,000 a year. They
June 1, 2004 16
Public Heating-Amendments to AffordableHousingDistfict
may remain in this rental unit at a very controlled cap without any consideration for their income
increases?
SUPERVISOR HORTON: No, actually, in thinking that through. You point about that, if it is a rental
opportunity, it is at least an annual lease and the person has to be income eligible for that rental unit on
a lease by lease basis. So I think that would be addressed through that mechanism.
MS. TOLE: Okay. I will assume that there is some sort of check. Now, this can only be done for
what are called 'principal' dwellings? I believe that is the term used?
SUPERVISOR HORTON: I think actually what the Planning Board, what our intent was an accessory
apartment in single-family homes. And only for single-family homes. And I think, as the, in re-
reading this the, that isn't clear enough and the Planning Board picked up on that and I think we will
probably incorporate that into the legislation, so that it is clear.
MS. TOLE: Noxv, that may not, something to think about also is that if somebody owns a home and
even if it is not their principal dwelling, do we not want to have an affordable housing unit on the
second floor of that home? Is it going to define opportunities out of the affordable housing district,
that might fall within the HALO district? For example, if I were part-time out here, summers,
weekends, whatever that means and I wish to put in, out of good conscious, an affordable housing
rental unit in my home and it is not my primary zone...
SUPERVISOR HORTON: Are you in the AHD?
MS. TOLE: IfI were in the AHD.
SUPERVISOR HORTON: If you xvere in the AHD, it has to be your primary residence.
MS. TOLE: I would like you to open up discussion among yourselves and other people in the
community about that because you are then eliminating some opporttmities for having affordable
housing rental unit, in a home that may be part-time occupied and if it is in the HALO district, you
know, I am not sure that...
SUPERVISORHORTON: Well, if it is AHD...
MS. TOLE: I am not sure that the status of the occupant or the status of the owner necessarily should
interfere with providing affordable housing.
SUPERVISOR HORTON: I am not sure that I follow your point, but in the AHD zone it is an owner
occupancy requirement.
MS. TOLE: As a primary dxvelling?
SUPERVISOR HORTON: Yes.
MS. TOLE: So that they can't rent both out?
June I, 2004 17
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: That is correct.
MS. TOLE: But they must live there, let's say, 184 days a year. More than half the year, however
full-time dwelling, primary dwelling.
SUPERVISOR HORTON: Well, they can't have....it has to be one's residence. You can't have an
affordable house and then treat it like it a summer home.
MS. TOLE: Okay.
SUPERVISOR HORTON: Is that what you xvere speaking to?
MS. TOLE: I am wondering if there shouldn't be an opportunity, if I own a home behind the Main
Street Grill here or something and I am not full-time there...
SUPERVISOR HORTON: I see what you are saying.
MS. TOLE: Yet I wish to have an accessory apartment that I would like to fall within the affordable
range as good community consciousness, should I be barred fi.om that?
SUPERVISOR HORTON: Okay, I see xvhat you are saying. Your point is, at least as I understand it,
would be outside the AHD zone. Let's say you are in R-40 zone, one acre zone, currently you can go
before the ZBA under a special exception and have an apartment. I think what you are saying and an
idea that I would like the Board to pursue as well, is can we allow homeowners in town, regardless of
what zone it is, I guess we could define that, but allow homeowners in town to have as of fight,
provide as of fight an affordable apartment.
MS. TOLE: If they are within the HALO district.
SUPERVISOR HORTON: If they meet, yes, okay, that is an excellent idea. That is an excellent idea
and we will take that up.
MS. TOLE: I mean, it is owner occupied, it may just not be a primary dwelling. And if the purpose is
to provide that additional housing that is affordable, perhaps you might be excluding a host of
opportunities.
SUPERVISOR HORTON: Right. That is an excellent idea and we will take that up.
MS. TOLE: The only other point I would like to make is it seems we are piecemealing tremendously.
One of the startling things about the Trustees re-write of their code is that they didn't do bulkheads,
then do residences, then do this, then do that. But they took advantage of the moratorium to do a
comprehensive end result. And I would like to ask this Board to consider being comprehensive and
not piecemealing your zone changes that were supposed to come out of a two-year moratorium
because it is very difficult for us out here who are not living with it day to day, to understand the
conflicts, the pluses and minuses.
June 1, 2004 18
Public Hearing-Amendments to Affordable Housing District
COUNCILMAN WlCKHAM: May I respond to that? It is obviously a very important point that what
we do need is be complimentary and comprehensive and not just piecemeal in a random fashion. Last
years GEIS effort was clearly a comprehensive effort, but in putting the legislation together them is an
enormous amount of work and an enormous amount of reaction from the public. To put all of that
stuff out there in one huge package, I think it would be impossible, A) for the public to be able to
respond to it all and to take it all in and to schedule the time to put it all, ! think it would be all but
impossible for the Board to get its arms around it. It is piecemeal in the sense that it is coming on a
weekly basis, or on a two weekly basis, but it is all put together in terms of how it relates to each other.
So it is not piecemeal as if we are going offin one direction and then in another direction.
MS. TOLE: Then perhaps what could be done so that we can get a little more sense of the overall
picture is if...
COUNCILMAN WICKHAM: Road mapping.
MS. TOLE: Yes. And if you choose to have hearings, one hearing on each element every two weeks,
certainly that is good management of yours and our time...
COUNCILMAN WICKHAM: That is a good point.
MS. TOLE: But give it to us. Let us kno~v, let us talk about it. If you know where it is going, let us in
on the whole plan and I would like to make that request that that come out as soon as possible. Thank
you very much.
SUPERVISOR HORTON: Thank you very much, Kathy. Are there other comments from the floor.
Yes, Gwynn?
GWYNN SCHROEDER: My comments are going to focus basically on the biggest change, it has
already been said by your Planning Board and Ms. Tole, and that is the elimination for criteria for
where affordable housing districts can be placed and I have a prepared statement, so I am going to read
it. "North Fork Environmental Council acknowledges that in order to ensure diversity in the Town of
Southold, special efforts must be made to provide affordable housing units for Southold's workforce.
However, newly created affordable housing units should not consist solely of single homes or single
houses with accessory apartments and that we encourage the Town to promote rental housing, more
rental housing, for those who will be unable to qualify for a mortgage under any circumstances. And of
course, mechanisms must be in place that will ensure that newly created affordable housing units
remain affordable in perpetuity. Any affordable housing program or project must be considered in the
light of a comprehensive plan and that is what Kathy alluded to, and in fact, in this document, your
proposed local law, you refer to a comprehensive plan but in fact, we don't have a comprehensive plan.
That is a problem. So in addition to being considered in the light of a comprehensive plan, sustainable
development principals and build-out limitations. Since the Town has not adopted official goals in
regards to build-out and we have no master plan, we feel this modification of the Town's AHD code
may be premature. But having said that, I will comment specifically. Deleted it from the proposed
amended code are the provisions that outline where affordable housing districts should be located.
NFEC stxongly recommends that the proposed legislation include language that will support smart
growth and sustainable development. In the existing code, it is very clearly stated where AHD's can
June 1, 2004 19
Public Hearing-Amendments to Affordable Housing District
be located, within one-half to one-quarter mile of the hamlet post offices, depending on the hamlet. By
eliminating specific criteria for change of zone, to a affordable housing districts, you open the door to
the possibility that AHD's may be approved in areas that conflict with the Town's preservation or
other stated goals. The Town is about to undertake a planning initiative, which was referred to before,
to establish hamlet boundaries and HALO zones, which is consistent with smart growth and any
amendments to the AHD code should reflect those principals. And then I just want to comment briefly
about section 100-53B which gives the Planning Board authority to grant waivers on variances and lot
design and we think that you should have some criteria because you are essentially giving the Planning
Board the power to grant variances and you should have some parameters. You also define the job of a
special project coordinator and you assign this person so many tasks and I know this is the beginning
of this legislation, but we hope that you don't under fund these initiatives, so that they are successful.
And our concern is enforcement, that people are doing what they are supposed to be doing, that
appropriate people are living in those units. Finally, my last comment is more for myself rather than
for the organization, you put as priority, the first priority: somebody who does volunteer emergency
work and lives in the Town of Southold and works in the Town of Southold and that is a year, and that
sort of gives priority to somebody who has volunteered for a year and may, over somebody who maybe
volunteered for five years but doesn't work or live here. I think a year, I think you are going to get a
rush of people signing up to be firemen and EMT's because they get a boost, so I think that has to be
fine-tuned. Thanks.
SUPERVISOR HORTON: Yes, thank you very much. Ms. Norden.
MELANIE NORDEN: Melanie Norden, Greenport. One of the things I think would be helpful in the
dialogue is determining some of the benchmarks. As you probably know, there has been a lot of
discussion about income level. So I wondered if you could define for me what they are and the amount
of family members and what the income caps are?
SUPERVISOR HORTON: Certainly. Currently as it exists, as the legislation exists for the Town, the
Town legislation and what the county, the state and federal guidelines are now is ....
MS. NORDEN: Excuse me, is there town legislation on the books that defines these income levels
now as pertains to the new affordable housing district?
SUPERVISOR HORTON: Let me answer your first question. As it currently exists to qualify for
affordable housing in the Town and as I said, this is consistent with state, county and federal guidelines
is 80% of median income, is what is used. That means for a one person household, if you make more
than $47,750 you make too much money to qualify for affordable housing. The two person household,
and actually I can make a copy of this for you, can not earn more than $54,600. Three person
household cannot make more than $61,400; four person household $68,250; five person household
$73,700; six person household $79,150. if you are a household of one through six there, you make
more than those numbers, you cannot participate in the To~vn's affordable housing program or county
or state or federal.
MS. NORDEN: And those amounts are what you define in the legislation as the 120%?
SUPERVISOR HORTON: No, no. B
June 1, 2004 20
Public Hearing-Amendments to Affordable Housing District
MS. NORDEN: Oh, okay.
SUPERVISOR HORTON: Because those numbers, what we looked at, we took a two-person
household in town, we just took a two person family, let's say a married couple with no children. And
each of them made $30,000 per year, xvhich is I think, a fair example. Their combined income would
be $60,000. They would make too much money to participate in affordable housing as it stands now.
MS NORDEN: I understand that. So, you have established the actual criteria.
SUPERVISOR HORTON: Yes, and so what we are proposing here is to raise the eligibility guideline
to include more people, and that would be to raise it to 120% of median income. Which would mean if
you are a one-person household, you could not make, to qualify, you couldn't make more than
$71,625; a two person household could not make more than $81,900; a three person household could
not make more than $92,100; a four person household could not make more than $102,375; five person
$110,550; and six person $118,725.
MS. NORDEN: Well that certainly clarifies that question. In looking over and I must underscore
what Kathy Tole had to say about assets, currently fi.om what I can see reading the current legislation,
you could have $2,000,000 in the bank; own property (real property) in somewhere other than
Southold Town; rent the unit and go to Florida. And quite honestly, right now you have, and we need
to talk a little bit about what this means in terms of the capacity the owner has to rent a unit, not just
the unit in the apartment, but actually the affordable house itself. And if there are not criteria, then we
are going to have, I think, among many residents a real problem. The notion that assets have not been
looked at, at all, real property assets apart from our Town and assets in terms of stock, bonds ....
SUPERVISOR HORTON: Real property ....
MS. NORDEN: You can own a home somewhere else.
SUPERVISOR HORTON: No, you cannot.
MS. NORDEN: You can't own a home in Wisconsin somewhere?
SUPERVISOR HORTON: No. You cannot own property.
MS. NORDEN: Alright. No property, anywhere?
SUPERVISOR HORTON: That is correct.
MS. NORDEN: Okay. But you can have a stock portfolio and you can have money in the bank and
you can have interests in all sorts of other investment opportunities at present. So you could really
have, according to the way the law reads now, a couple of million bucks in the bank. Is that right?
INAUDIBLE COMMENTS FROM AUDIENCE MEMBER
SUPERVISOR HORTON: And so that should be incorporated into the laxv.
June 1, 2004 21
Public Hearing-Amendments to Affordable Housing District
MS. NORDEN: That hasn't been anywhere available to the public.
SUPERVISOR HORTON: Okay, Melanie so your point is well made and Kathy, you made that point
very well as well and what Philip just articulated is that, why don't you repeat that again.
PHILIP BELTZ: The application for anyone to apply for housing limits individuals or assets cannot be
greater than 25% of the purchase price of the house. Which also in this legislation, you cannot have
any property...
MS. NORDEN: Okay, so if the purchase price of the house xvere...
SUPERVISOR HORTON: That stipulation there should be incorporated into our ....
MS. NORDEN: Okay, so if the pumhase price of the house were $200,000 then essentially someone
could not have more than $50,000? And that is in all kinds of assets and property? Of all types?
Well, that actually is very helpful also. Because it is really unclear and before you were saying you
were meeting and talking about that but it wasn't made clear that a decision had already been made on
that point.
SUPERVISOR HORTON: That is why this is a very healthy process, I am glad that you brought that
up.
MS. NORDEN: Good. My question also has to do with inheritance. I move into affordable housing
and I kick the bucket. My heir happens to have a great deal of money and inherits my affordable
housing. What happens under that scenario then? Are they obliged then to flip the house right back to
the Town or...
SUPERVISOR HORTON: No, we actually had a lengthy discussion about that because that was
something every Board member raised and anybody on the Board, please feel free to jump in if you
feel you can articulate it better than me, the Board legal research on that determined that we couldn't,
we had very little legal standing if somebody inherited that home to force them to sell it right away but
what we do have in this provision is that the property cannot be sold, the property has to be sold at
some point when it comes on the market, has to be sold to somebody on the Town list that meets all the
requirements for receiving or purchasing an affordable home in that zone.
MS. NORDEN: But if you do inherit it and chose not to sell it, you can actually occupy it even if you
are a multi-millionaire?
COUNCILMAN ROSS: Right. And there is nothing we can, you know...
MS. NORDEN: What do you mean, you can't do anything?
COUNCILMAN ROSS: We could come to a solution for that.
MS. NORDEN: Well,
June 1, 2004 22
Public Heating-Amendments to Affordable Housing District
SUPERVISOR HORTON: If you have one, please offer it.
COUNCILMAN ROSS: And the...
MS. NORDEN: You implied a minute ago though that the solution was a, that there were no legal
solutions to that matter. I find that hard to believe, I don't know what your process was in terms of
coming up with a solution, I ~vould presume that there would be ways of legally resolving the issue.
COUNCILMAN EDWARDS: If you inherited that property and you were a multi-millionaire and we
are talking about a house that, let's use a round number, is worth $200,000 and it will never
realistically increase in value to you because ultimately you have to flip it as an affordable house, it
would seem to me that you would be wiser to sell the house for the $200,000 you can get for it now
and buy something else where you xvill enjoy the appreciation since anyone with $2,000,000
presumably would like to enjoy more appreciation than reside in that house.
MS. NORDEN: No, I understand that, but my point is if that you can actually rent the unit which, of
course, according to your legislation you can, the owner can rent and the affordable house can be
rented. Well, let's look at the legislation again.
SUPERVISOR HORTON: You can only rent the accessory apartment and you have to ....
MS. NORDEN: It seems that it implies that you can rent the unit yourself for a two year period.
SUPERVISOR HORTON: Actually, it doesn't imply that at all. I think it states it clearly that you can
only rent the accessory apartment and that it has to be owner occupied and I think it also stipulates that
the single family unit can only be leased, the principal portion can only be leased for a maximum of
two years and the Planning Board's recommendation that the Toxvn Board also came to a similar
conclusion is that that only be a one time option.
MS. NORDEN: Okay, I do understand that but it is a little unclear under 100~53Al. A one family
detached dwelling which shall be occupied by the owner of the dwelling or may be leased by the
owner ....
SUPERVISOR HORTON: Again, Melanie, that xvas...
MS. NORDEN: It doesn't say if it is the apartment or the dwelling.
SUPERVISOR HORTON: And that was the recommendation of the Planning Board to strengthen the
language behind that. So we will take your point in the same consideration as the Planning Board.
MS. NORDEN: So the reality is that we are going to eliminate the possibility of leasing or renting the
affordable housing by the owner, the actual dwelling. They can lease the apartment but they won't be
able to ever lease the home. Is that correct?
SUPERVISOR HORTON: It is almost correct. The Planning Board's recommendation was that under
that section 100-53A1 to change the wording of that, were it says owner 'for a period of not greater
June 1, 2004 23
Public Hearing-Amendments to Affordable Housing District
than two years with written approval from the Special Projects Coordinator' be expanded to say that
can only happen one time.
MS. NORDEN: So they can actually rent the apartment but only one time for two years? Is that right?
SUPERVISOR HORTON: That is correct.
MS. NORDEN: And why would we want to have that provision? If they are actually here as EMT's
on the force and/or providing vital and important services to the Town of Southold, where are they
going to be in that two year period?
SUPERVISOR HORTON: It xvas thought of in the context of potential hardship, where you had to
move elsewhere to care for a family member, than you would have the ability to do that...
MS. NORDEN: Well, have those criteria been established in the law?
SUPERVISOR HORTON: Well, we establish it by having, you couldn't do it for more than two years
and we are going to incorporate that so you can only do that once.
MS. NORDEN: But hoxv about, you can only do that for certain purposes because, right now it
actually reads...
SUPERVISOR HORTON: Do you have recommendations for ....
MS. NORDEN: Well, yeah. I think that one real criteria would be hardship and maybe that is the only
one that would apply. In other words, we really are not providing people with affordable housing so
that they can rent the units for any purpose whatsoever. Especially if they can rent the units to summer
residents and get $10,000 a season. And I think we really have to ..... but that is what is allowed right
now under the law...
SUPERVISOR HORTON: No, Melanie.
MS. NORDEN: That you can rent it for t~vo years with no criteria. So frankly, if you wanted to, you
could rent the unit, going for $10,000 or more per season ....
SUPERVISOR HORTON: No, it does have with written approval by the Special Projects Coordinator.
MS. NORDEN: But there are no criteria that are indicated.
SUPERVISOR HORTON: Your point, again, is very well taken that if there can be further criteria to
deal with that, we certainly will.
MS. NORDEN: Well, I think there really have to be because otherwise we are, xve are not in the
business of providing rental or other income to people who have affordable housing units to rent to
summer people and because the rental rates, in the summer, are quite high and a unit may go for
$10,000 or $15,000, you are really talking about providing that person with an additional...
June 1, 2004 24
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: Melanie, we understand your point on that and if we can, again,
incorporate specific ideas into that we will certainly do so.
MS. NORDEN: Okay. My other question had to do with...
SUPERVISOR HORTON: You do know that, you who attend meetings often, do know that the
intention of the Board is to strengthen a code that already exists and to insure that long-term affordable
housing opportunities for local residents. Just so xve are all on the same page, that is the purpose, the
intent behind all this, and so we are not, you know that we are not trying to ....
MS. NORDEN: No, I understand that, Josh. But let me just also say, Josh...
SUPERVISOR HORTON: If we can mitigate that, we certainly will.
MS. NORDEN: Alright. The history in the Town on affordable housing, what has been created has
been frankly disastrous. And so a lot of people are concerned about enforcement issues, because many
of the things that should have been affordable, never remained affordable, there was no enforcement,
there were many historical problems, which I will not bring up right noxv. However, all I am saying is,
is that there is good reason to be cautious, and there is an historical reason to be cautious and we also
have a Town which has very limited capacity to enforce. And so when we raise these issues and we
are asking specific questions, these questions are legitimate.
SUPERVISOR HORTON: Very much so.
MS. NORDEN: My other question has to do with the parking 100-53 or 100.53; with regard to the
parking for the rental unit, it says a minimum of one parking space but it doesn't create a maximum.
Since a lot of us are concerned, particularly in the area like Route 48, there has been talk about
possibly putting affordable housing unit in there or affordable housing project or development, the
amount of cars spilling out either to Knapp Place or onto Route 48 is a concern to everyone in my
neighborhood.
SUPERVISOR HORTON: So a maximum, your question...
MS. NORDEN: It says a minimum.
SUPERVISOR HORTON: Right. So you are suggesting a maximum?
MS. NORDEN: Well, I would suggest that that might be something to consider because we already
are going to have, if there is no minimums or maximums, if there are no maximums, then there could
be eight cars per acre which essentially would mean a great deal of cars in that very small four acre or
4 point some odd acre pamel. And if there are more than two or three cars, then I don't know hoxv you
are going to fit that many people in 350 square feet. But it is a real concern, so I think we should think
about some limitation of permanent parking. At least for the affordable rental attached unit and maybe
for the homes themselves.
SUPERVISOR HORTON: Okay, thank you.
June 1, 2004 25
Public Hearing-Amendments to Affordable Housing District
MS. NORDEN: I was curious about 100-59, which has to do with penalties. I didn't understand who
actually accrue these penalties and under xvhat conditions? So, do we have any definition of that?
$1,000, $5,000; for what? What are the offenses are we talking about and are we talking about
offenses of the owners, renters or developers? All, or some, or none?
COUNCILMAN WICKHAM: I can anticipate a lease that is not consistent with the law as to who
xvould be responsible between the tenant or the landowner, that would be resolved by the court. I
would anticipate that virtually all the fines that ~ve are talking here would come to the general treasury
of the Town.
MS. NORDEN: Okay. That is fine and maybe you will actually accrue some money doing this. But
nevertheless, how about offenses of misrepresentation? Vis-a-vis income, the assets and the like. Are
they going to be covered under this? And are there any provisions for ....
SUPERVISOR HORTON: If there is any offense, anything that is out of compliance with any section
of this code, would be covered by this stipulation, 100-59.
MS. NORDEN: But have we defined what we consider offense to be?
COUNCILMAN ROSS: With respect to misrepresentation, I would expect, and that I would insist that
the representations xvould be made and notarized, under oath in effect, and that is covered by state law.
MS. NORDEN: And that xvould mean xvhat?
COUNCILMAN ROSS: It is perjury.
MS. NORDEN: Right. But would you then enact your revenge, as it were?
COUNCILMAN ROSS: The state laxv provides criminal provisions for making a false oath.
MS. NORDEN: Okay, so I could be taken to court but I might not be able to be thrown out of my
affordable house? I mean, in other words, are you going to have any criteria ....
COUNCILMAN ROSS: We have a provision that allows us to pull the CO on a violation.
MS. NORDEN: Okay.
COUNCILMAN WICKHAM: In fact, it says here in addition to the fines, any individual who has
violated the C & R's, shall be prohibited fi.om further participation in ownership opportunities and
benefits from this AHD.
MS. NORDEN: Okay. Also, in the very beginning of section 1, under the purpose, it says provide for
certain incentives, I wonder if you could define what those incentives are for an applicant? That is the
first sentence under 'Purpose.'
Jane 1, 2004 26
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: I think what the purpose is referring to is that there are certain incentives
involved, like for example, I believe as the code currently exists, regardless of these changes, there is
waiving of the park and playground fees; obviously this allows for increased density; and that those are
essentially what are being referred to generally here as incentives.
MS. NORDEN: And are they defined anywhere within this code?
SUPERVISOR HORTON: No.
MS. NORDEN: Well, I would like to recommend that the define the incentives because again, if we
are creating certain incentives to developers and or landowners, I think it only fair that we make them
very clear to the public. Now if it is a matter of, we know that obviously the density in order to meet
the affordable housing requirements, there will be changes in density. However, if there are other
changes in fees, in waived fees, in tradeoffs with other portions of land that they may have somewhere
else and other kinds of incentives, I don't know what they may be but since we have used the word
incentives, I think whatever they may be ....
SUPERVISOR HORTON: It might be easier to not use it.
MS. NORDEN: Well, it might be. But I mean, if there are incentives, I think the public really should
know that there are incentives.
COUNCILMAN WICICHAM: I think that is a good point.
MS. NORDEN: We need to know exactly and thoroughly what those incentives are, as do developers
and owners. So if there is a deal being cut, which really says ....
SUPERVISOR HORTON: Please don't ....
MS. NORDEN: No, but I am just saying, if there is ....
SUPERVISOR HORTON: There is a very formal application process.
MS. NORDEN: Josh, there may be a formal application process but all I am saying is, if there are
special dispensations given to owners of land or developers, they must be clearly spelled out in the
code and to the public.
SUPERVISOR HORTON: Right. I believe that on the one example that I gave is spelled out in the
general subdivision code, that it would be referred. So... your point is well made.
MS. NORDEN: Well, let's see if we can spell them all out. Okay. The other question I really have
has to do with the separate lots, the affordable lots, as it were. What will the, whatever is being built
on the affordable lots be subject to the review of the Special Projects Coordinator? So say I get an
affordable lot and I decide to improve it with a $4,000,000 home, just say I do, I decided that I am
going to mortgage everything that I have or I got a great deal or my father owns a bank and ! put up a
house that is not an affordable house, it will never really be affordable for anybody, but I did put it up
June 1, 2004 27
Public Hearing-Amendments to Affordable Housing District
on an affordable lot. In other words, I have already made it non-affordable. Are there criteria that you
have clearly spelled out in terms of how those unimproved lots will be improved, in what ways and
rmv much?
SUPERVISOR HORTON: As the application process stands right now, is that before the zone can be
granted, the zone change to AHD can be granted, prior to that happening, there has to be an approved
plan brought before, or a plan, brought before the Town Board; say yes, this is okay. So that would,
that fight there would eliminate the possibility to say okay, we were going to do 1,800 square foot
homes and now we are going to do...
MS. NORDEN: 4,000 square foot homes.
SUPERVISOR HORTON: Right, and the Planning Board is also involved in every step of that
process.
MS. NORDEN: But I mean, are the criteria that specifically relate to the value of the improvement, I
mean, forgetting the aesthetic criteria, whether the house is too big for the small cottages that may be
here or there, in point of fact, if in fact there are some unimproved lots in large developments with
large 4-6,000 square foot homes, we could expect that the person who is going to improve the lot with
might improve it with a home somewhat larger than 1,400 square feet. My question is, it doesn't
particularly go to aesthetics, particularly although that is another issue, it really goes to value. In other
words, will the Planning Board be able to say, 'it is a lovely house but it is too expensive for the lot'?
SUPERVISOR HORTON: The, I am trying to think of how to answer that. I am going to have to
absorb that and if it is not, I am going to write the question down and if it is not answered within this,
we will make sure it is.
MS. NORDEN: Right. Well, I do think that is an important point, because especially if the affordable
or unimproved lots are going to be in very upscale developments, it is really unlikely that someone is
going to put a 1,000 foot square little bungalow or even be alloxved to by developer developing very
fancy 4,000 to 6,000 square foot homes. My point just is, that if the lot stays...
SUPERVISOR HORTON: Are you talking about the AHD zone...
MS. NORDEN: Well, those or wherever these lots may in fact be. Wherever these lots without
affordable houses on them.
SUPERVISOR HORTON: You are referring to...
MS. NORDEN: Not only that, I am referring to any, whatever you define as your unimproved,
affordable lot. My question is, what goes on there and will whatever is built there have criteria that
speak to its value? Because otherwise, someone will get a lot for $50,000 and maybe put an expensive
home on it and nobody else will be able to afford it. Afford it in the future, when they are ready to sell.
June 1, 2004 28
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: Right. And the Planning Board actually, we have been working with the
Planning Board about the unimproved lot scenario and should ,ye even allow unimproved lots as part
of the scenario. So that is a good point, thank you.
MS. NORDEN: And just one last thing about the Board of Health. The Board of Health has clearly
indicated that you can go up to whatever level of density you wish to in terms of these developments,
so that you can have essentially eight families or eight dwellings on one acre, with no problem? And
no change in current ....
SUPERVISOR HORTON: I would never use 'no problem and Health Department' in the same ....
MS. NORDEN: Alright, well, I mean are there any criteria that the Health Department will say have
to be met to have tbur affordable homes with attached rental units on one acre.
SUPERVISOR HORTON: There are very set criteria on that.
MS. NORDEN: And what are they?
SUPERVISOR HORTON: Currently, public water and if there is not sewer available to the property,
the property will have to be sterilized so sanitary flow credits can be applied to that property. Exactly,
you rolled your eyes for a very good reason, because the Health Department regulations, we could hold
an entirely different seminar just on them as they apply to Southold Town, alone. But the answer to
your question is, they do have regulations ....
MS. NORDEN: I guess my real question is really, will the affordable housing projects to have their
own separate sewer systems, that is my real question.
SUPERVISOR HORTON: Not necessarily.
MS. NORDEN: But likely or not likely?
SUPERVISOR HORTON: Not likely for how this, not likely for this zoning designation, what we
allow. The Health Department will a[lo~v four units to the acre with accessory apartments, as long as
there is public water and either sewer or transfer of development rights. But a transfer of sanitary flow
credits. It is quite complex and I would really be happy to go through that with you.
MS. NORDEN: Are you sure you would?
SUPERVISOR HORTON: I would. You have been to my house before to discuss things. Yes, Mr.
Tsunis.
GEORGE TSUNIS: Good evening, Mr. Supervisor, members of the Town Board, my name is George
Tsunis, I am with the law firm of Riff(in, Radler. But I come before you today in a slightly different
capacity, my family owns approximately five acres on the comer of North Road and Main Street, just
outside the village boundary of Greenport. Family has owned the property for approximately two
decades. Today I wanted to start my remarks off by saluting this Town Board for taking on what is a
June l, 2004 29
Public Heating-Amendments to Affordable Housing District
herculean task of addressing affordable housing and the needs of its citizens. Clearly the situation
becomes exacerbated on a daily basis xvith real estate values just going up and up and up. And
whereas that is not necessarily a bad problem, it is to too many of Long Islanders who can't afford a
decent place to live. My point is, that I think seems to be a public-private partnership in addressing a
remedy of this problem. Therefore, I proudly want to volunteer my family's five-acre parcel into this
program. I hope that it will help a lot of people in the Town of Southold. My family came to this
country and I knew what it was to live in an apartment and scrape by with no furniture until we were
able to make ends meet to buy a home and that xvas a very long, arduous process. I am not
participating, I am not choosing to offer participation into this program to help millionaires, I don't
think that is anyone's intention here. I have heard about an hour and five minutes of testimony and a
lot of it was geared to how some scoundrels, you know, may obfuscate or try to get around the
program. You are never going to be able to legislate about any act that someone may or may not do.
And I think all of these people are here because they are heartfelt and they are sincere and they do want
to be helpful in this process but they also want to be protective of their communities and
neighborhoods and I applaud that. Councilman Wickham in his earlier remarks stated how we want to
do so and be sensitive to historic nature of our community and I think that doing so and helping young
families and retirees and families that would like to establish permanent roots here by buying a home is
not mutually exclusive. I applaud your efforts, you know how to reach me and I would be happy to put
my parcel in to participate in this program. And hopefully it will help a couple of families. Thank you.
COUNCILMAN WICKHAM: Mr. Tsunis, may I respond very briefly? I think this Board is very
supportive and interested in exactly the proposal that you made. In a sense, you are before the wrong
Board today. We made a proposal to do this in partnership with the Village Board of Greenport and at
this time, there is not much interest on their part. Why don't you meet also with them and see if we
can put a real parmership?
MR. TSUNIS: Councilman Wickham, I will be happy to meet with that Board. It is my understanding
that this Town has zoning powers over this particular parcel and I don't let the tail wag the dog. I think
that it would be most beneficial if the Village of Greenport and their esteemed Board allowed this
parcel into the sewer district. I think they are constrained under the law as to why they can accept or
not accept a parcel and I think that they would be constrained to accept this parcel because I think it
just makes too much sense not to. But the fact of the matter, Mr. Wickham, is I know that few people
have stronger roots in this community than you do, you have taken on a lot of responsibility by being
an elected official and quite frankly, I would show you the respect of negotiating with the Town Board
that actually is legally empowered to make decisions on this parcel.
SUPERVISOR HORTON: We appreciate your comments and I think that, in this process that we are
going through right now, that there is a lot of heavy lifting yet to be done in moving our affordable
housing zoning code to the, so it is a workable code that is going to assure long-term affordability and
so, I appreciate your comments and if you have any specific comments as to the changes we are
proposing here, please get those to us as well.
MR. TSUNIS: Thank you, Mr. Supervisor.
SUPERVISOR HORTON: Thank you. Mr. Morgo.
June 1, 2004 30
Public Hearing-Amendments to Affordable Housing District
JIM MORGO: Good late aftemoon, members of the Southold Town Board and Supervisor Horton. I
am Jim Morgo, I am President of the Long Island Housing Partnership and affiliates and I am
Chairman of the Suffolk County Commission on Workfome Homes. I am here to support the
amendments of Southold's Affordable Housing District Code. I base my support on real-life
experiences. The Housing Partnership has been developing and facilitating homeownership affordable
to Long Island's workers and affordable to the sons and daughters of Long Island for more than 16
years now. We have created more than 1,500 workforce homes and through our many pre-purchase
homeowner counseling programs, we have helped more than 10,000 additional Long Island families
become homeowners. In short, we have been making the homeownership possible long before it
became the vogue, fashionable issue that it is today. And I have to mention that our creation of
affordable homes has not been a disaster. It has not been seamless, either. We have had some
problems on some occasions. I just have to echo what the previous speaker said. When you try to be
so exact and so rigid, without any flexibility, you are asking for problems. On the other hand, if you
have total flexibility, you also have problems. So it is really trying to reach that happy medium, there
is really no one way to create affordable homes. And I xvant to really complement the Town Board,
the Supervisor, for trying to do something. You know, I have prepared remarks but I am not going to
use them because I want to react to some of the things I heard as much as anything else. You know
every bit as well as I do, every bit as well as any of the studies that show we are losing our young. I
can speak from personal experience, I have a daughter who just gave me my first grandson and there is
no way that she can afford to rent or to own on Long Island. The Housing Partnership has been
straggling with exactly the issues that you have before you in your amendments. The one thing that
we learned over and over again is that there is no one way to create homes affordable to workers, to
create homes affordable to sons and daughters. Let me just talk about three of the proposed
amendments. The first one, raising the income maximum to 120% of the HUD median income
according to household size. Remember that is gross family income based on family size. I think, Mr.
Supervisor, you xvere talking about some of the 80% maximum incomes earlier, you were giving just
what those figures are. You know, they change every year and speaking and I see the Suffolk County
Director of Affordable Housing here, Marion Zucker. Marion has been working diligently to make the
County's, what was called the Affordable Opportunities program more useable. It is a $20 million
program, it was instituted in 2000, it xvas a very creative initiative of Suffolk County Executive
Gaffney and of the $20 million so far, only $1.8 million has been used to create affordable homes and
the reason, primarily was that it wasn't flexible enough. One of the things looked at was increasing the
maximum amount that a household could cum. Think about it for a second. Why are there maximum
income amounts at all? Why does, for example, the federal government state that you can't sell to
someone who makes more than 80% of the regional median. The idea why must it be a tree, genuine
first-time homeowner. Well, the reason is, obviously is that you don't want to help anyone achieve
homeownership who otherwise could achieve homeownership through the normal operation of the
private sector, of market forces. Well, the figure oft 80% of the median was picked is that well, if you
make that much, you should be able to afford a home on Long Island. Well, we get over and over
again at the Housing Partnership, people who make 120%, people who make 150% of the median, who
can't afford the median price of a home on Long Island and is it the same for everyone? Of course not.
Some people have more generous parents than others, that help with down payments; that help with
closing costs. Others don't. But that is the standard, so I think that by going to 120% of the median,
particularly when we have more and more today, two people working, so their incomes have to count.
It makes a lot of sense. You know, the county in changing their program, came up with what I thought
xvas a good compromise. Any new development that the county supports, 100% of the people buying,
June 1, 2004 31
Public Hearing-Amendments to Affordable Housing District
would have to make under 120% of median. But, at least 50% of those homes, has to go to folks
whose household income is under 80% of median. So there you get both and it works that way.
SUPERVISOR HORTON: You are concretely insuring...
MR. MORGO: You see some economic integration, you see a spectrum. But I have to tell you, afier
doing this for 16 years, the easy part, the easy part is actually building the homes. The difficult part is
getting the people you know rightly deserve to buy the homes. You mentioned the Suffolk County
Department of Health, Mr. Supervisor and it is amazing that dealing with the Health Department is
actually one of the easy parts. And it is really being sure that the recipients of the homes are the people
who genuinely should be getting the homes. I think our track record at the Housing Parmership and by
the way, we don't do any of our developments by ourselves, we always work with the public sector,
but I think if you went over the more than 1,500 families we have sold to, we have a pretty good track
record. In short, raising the income limit to 120% makes a lot of sense, particularly when you talk
about the sons and daughters of Southold. The other thing that I want to support is affordability in
perpetuity. I can tell you that at the very, very first meeting of the Housing Partnerships Board of
Directors, I was the brand new President and CEO, I don't know how many of you know about the
Housing Partnership but we are a product of the private sector. Businesses got together and created the
Housing Partnership not because they were so philanthropic and they cared about keeping sons and
daughters close to their parents and keeping grandparents close to their grandchildren, that is not why
~ve were created. We were created because Nassau's businesses did not want to pay what they had to
pay to attract workers here. So, they created us to create affordable homes. At the very first meeting, I
said, 'xvhat happens after we build these affordable homes and the 10 year compliance period is gone,
and then all bets are off and they can sell the home for anything they want' Well, I was accused of
being a Socialist and the talk around the Board ~vas, 'we can't create affordable ghettos, we have to
give people a fair equity, they have to be homeowners like anyone else'. What was not anticipated
obviously, was the skyrocketing home prices on Long Island but was also not understood, when you
are talking about affordable homeoxvnership, the only time income limits apply is at closing. It is not
like a rental, where you have to certify the rent every year. Once you close, the household can make
anything. And the Housing Partnership has sold to lawyers, the single employment sector that we sold
the most to is the health service industry, lab technicians; nurses. Something that Long Island
desperately needs, by the way. Also, we sold to a great many teachers. Also, when we build the
development, we have preferences for people who come from that community, which makes all the
sense in the world, because the municipality is working xvith us to create it. So, going forward we
always have maintenance of affordability written fight into the deeds with the new home buyer. The
development ~ve are working on fight now, not too very far from here in Riverhead, fight on Route 25
is going to be the first where we have the maintenance of affordability. On the Millennium Hills
development that we worked with the county and folks from Huntington, we have strong affordability
maintenance liens on the property. By the way, when we do anyone of our developments now, and I
wasn't joking when I said the hardest thing is going over the applications, making sure the homes only
go to the people who rightly deserve them, for every job that we do now, every new development that
we develop or sponsor, we are averaging 5,000 requests for applications. Millennium Hills was 44
homes, we had more than 5,000 requests for applications. The development of 14 homes we are doing
in Bayshore now, we had more than 5,000 requests for applications. We don't have to worry about
marketing very often. Finally, the last thing that I want to talk about is permitting accessory apartments
in owner occupied homes. We have been advocating one form of this kind of ownership, that is home
June 1, 2004 32
Public Heating-Amendments to Affordable Housing District
ownership, oxvner occupied, by the way in perpetuity, and legal rentals with some rent restriction in
full year leases and some restrictions on to whom the rentals can be rented, for many, many years. The
two family model, if you will, seems to make all the sense. For one thing, the anticipated rent helps
the new homeowner achieve a mortgage, because 75% of that rent can count towards his or her income
~vhen they go for the mortgage. The second thing it does, it creates a small business person. It creates
someone with even more of a stake in your community. The third thing it does, it creates an affordable
rental where the renter can save for dmvn payments, closing costs; where he or she can become part of
the American dream of homeownership. You know, the reason the government gets involved in
homeownership at all is because it is so important to families and community. That is where we see
most of the American families having their net ~vorth, not in stocks, not in bonds, not in savings. But
in that home. So by combining ownership and rental and making sure and having enforceable
restrictions that the home is owner occupied, you do so many positive things. We have been
advocating it for a long time, we have only done it in three of our developments but I am happy to say
we are doing it now in the development in the Town of Southampton, in the hamlet of Bfidgehampton,
that we are developing ~vith the Town. Those three areas, the increasing the maximum incomes; the
maintaining of affordability and the allowing the accessory apartments, permitting the accessory
apartments in an owner occupied home, are the three elements that jumped out at me as I reviewed the
code. I think this is a terrific effort on your part and you are not going to get anything done without
flexibility and without some creativity. So I thank you for this opportunity to address you and if you
have any questions, I will be glad to try to answer them.
SUPERVISOR HORTON: Councilman Ross does, thanks Jim.
COUNCILMAN ROSS: Thank you for your appearance here today, Mr. Morgo.
MR. MORGO: You're welcome.
COUNCILMAN ROSS: Are your rent restrictions contained in C & R's?
MR. MORGO: Yes, 75% of fair market rent is what we usually do but we were even thinking now of
allowing fair market rents. Fair market rents, like median incomes, are issued annually by HUD.
COUNCILMAN ROSS: And your owner occupancy restriction, also in C & R's?
MR. MORGO: Yes. And in fact, we had to enforce very few of them, and I heard somebody asking
how are they enforceable? We are, well, we do certain things, we require the homeowner on a every
six months give us a notarized affidavit that they are living in the home but the few times where we
really had to enforce the C & R's, we learned about the original homeowner not living there, renting;
through neighbors.
SUPERVISOR HORTON: Neighbors are helpful.
MR. MORGO: Yeah. In 16 years, xve have had to re-claim two homes.
COUNCILMAN ROSS: Are your rental units licensed? Is there a license or are the units as-of-right?
June 1, 2004 33
Public Heating-Amendments to Affordable Housing District
MR. MORGO: They are licensed.
SUPERVISOR HORTON: Thank you very much, oh, do you have more?
COUNCILMAN ROSS: You issue the permit and does the permit come from the municipality or...?
MR. MORGO: It does. In Islip, we actually had a change of zone to legal two-family; was the change
of zone when xve built the homes with the accessory apartments.
COUNCILMAN ROSS: Okay, thanks.
SUPERVISOR HORTON: Thank you very much, Mr. Morgo. Mr. Penny.
GEORGE PENNY: Good afternoon, George Penny, hamlet of Southold. You can thank all the
previous speakers for the brevity of my comments. There is quite a bit to this and there is just a little
cleaning up that should be done in some areas, because the gist of what you are doing, you are on the
right track. Unfortunately, had the original program been continued over the last 12 years and about
20 units been put into the system about every year, we wouldn't have this problem today. But
unfortunately, we are behind the 8 ball because nothing has happened since the early 90's. In the
section 1, the purpose, the amendment will allow accessory apartments in the zone, this sounds as if
there is already existing dwellings in the zone because they must be owner occupied. Most of the
families that I know that would qualify for affordable housing want to do it on their own, they
probably wouldn't want to be landlords and you can solve the problem of apartments by putting in
apartment houses, put in small unit apartment houses, which this town has absolutely none of and I
think you will find that every other town probably, on Long Island. The question of perpetuity and
again raises the question of what happens after the death of the occupants; do they have to come and
does somebody on a town level make a decision xvhether or not they can pass it on to their children.
(inaudible) The, I don't understand why they took out the cost of utilities from the houses or the lots,
this was burden that when we wrote the law back in '86 or '87 whenever it was done, this was to put
the burden on the developer and so it was not supposed to be passed off immediately to the individuals.
It was supposed to be incorporated into the overall price. With the lots, if you are going to sell
improved lots, they fall under improvements, the same as any other addition or improvement that has
to be approved by the Town. You might want to add on that that the house that would be built on that
would fall under the Town guidelines, under the Affordable Housing guidelines. I think they way the
law is written and you go to the definition under permanently fixed improvement, I think that already
covers that but you may want to make it, from the comments that I heard here, a little clearer by saying
that that house would have to fall under the same guidelines. I have to agree with the Planning Board,
the fact that you took out the criteria for location because you have left a bunch of questions here,
really wide open. And the questions being where; when and how much? We haven't heard a dollar
value put on this on any of this, we don't know when it is going to happen and we certainly don't know
where it is going to happen. And a lot of these questions wouldn't be popping up if everything was
presented in one package. Leasing a one family dwelling unit, which may be occupied by an owner of
the dwelling or may be leased by the owner for a period of not greater than two years. Is that supposed
to be for the year for the life of one lease or is that for the entire end of the project because it is not
clear. Is that a limit per lease or is that a limit on the house, or on the dwelling, that you can only have
two years of leasing? That is something the attorneys would certainly run into very quickly. And I
June 1, 2004 34
Public Hearing-Amendments to Affordable Housing District
have two on that section, there is two family dwellings is the same comments. The owner of the
existing dwelling shall occupy one of the dwelling units as the owners principal residence, there again,
that limits the amounts of apartments that you are going to have available and once again, cries for
apartment houses, smaller units somewhere, rentals are the big thing in this town and unfortunately, a
lot of them are very, very overpriced if you have read the papers lately. And there is a lot of nonsense
going on with that. I question the 350 square foot apartment unit just from memory and I am not sure
if it is true or not but I believe that the 600 square feet was required by the state.
SUPERVISOR HORTON: The statc changed its regulations to a minimum of 350 square feet, so we
are in compliance with the state.
MR. PENNY: When you go into the Planning Board powers, xvhere cost efficiency and sound design
and furtherance of the town's goals and the AHD can be realized, the Planning Board shall have the
authority to reduce or amend certain yard setback requirements. I believe that is power that is given to
the Planning Board on a case by case basis, by state law. I don't know that you can give them blanket
power that they can make that adjustment on any one of the projects. But if they come to you and then
you approve on their project that they want to make changes. And also, when it says that they shall
have the authority to change highway specs. That is absolutely untrue. They can recommend, they
have the ability to recommend to the Highway Superintendent but it is the Highway Superintendent
that has the final say on that, not the Planning Board. A lot of this you can see is just cosmetic. Big
question on an improved or unimproved parcel or property when the AHD district shall not be
conveyed without the written approval of the Southold Town Board. I don't know if you really want
that power.
SUPERVISOR HORTON: Which was that, again?
MR. PENNY: That is under 100-56, General Requirements and Regulations.
COUNCILMAN ROSS: We want to make sure the re-sale price is appropriate.
MR. PENNY: You have the Town Attorney and you have the Director of whatever it was in there
already that can check that out.
COUNCILMAN ROSS: We want to use the minutes of the Town Board, so there is no question, in
terms of that it was approved or not approved.
MR. PENNY: At some day in the future, some other Town Board may not want to deal with that and
of course, they can always change the law.
COUNCILMAN ROSS: That xvas our thinking, in terms of that. So there is no question along the
lines of whether the deal was approved or not.
MR. PENNY: Just give the authority to the Town Attorney.
COUNCILMAN ROSS: To approve the...
June 1, 2004 35
Public Heating-Amendments to Affordable Housing District
MR. PENNY: The Town Attorney should be approving the leases also, because you have the lease
proposal going to the Toxvn Board and to the Special Projects Coordinator, when that in fact should be
going to the Town Attorney because you are not going to get that done in seven days, as you call for in
this law unless you meet on a weekly basis. So I think to move this thing along, give the authority to
the Town Attorney to approve the leases and the transfers and it should be a very simple matter. The
Town Attorney will also be requiring the covenants and restrictions to be filed and will check out all of
the legal matters and keep it out of the Town Board's hand. You guys have enough to do.
SUPERVISOR HORTON: That is a good point, thank you.
MR. PENNY: Eligibility. You struck out for the past five years. If people have had ownership for the
past five years and they wanted to sell it tomorrow, the day after they could go and enter your program.
For the five year previous ownership. I can't understand why you would want to take that out.
Somebody could technically take a house that they bought years ago, sell it for a lot of money, buy
something under the affordable program, put the money in the bank and move on. Probably not
because that is the question that I had before, before I heard about the assets limits, so maybe that
wouldn't work. But I don't understand why you would want somebody that had property earlier. The
five years was a nice breaking point. Income eligible individuals, or families who have lived - and this
is priority one - who have lived and worked in the Town of Southold and provide volunteer emergency
and or life saving services for the Town for a period of at least one year. Is that one year residency or
one year service? Because when you consider the fact that I checked with the Southold Fire
Department, they have a residency requirement of one year. So that would boost your number one
priority people up to two years residency in the Town of Southold and I don't know that they would
still be the first priority, with those restrictions.
SUPERVISOR HORTON: Okay. Right.
MR. PENNY: You know? If it takes you a year to get in the Fire Department, it is going to take you
another year to qualify for this program. The initial maximum sales price, maximum allowable, the
rentals shall be set by resolution from time to time. That was a problem that was never solved in the
early days and it was never continued on since then, this should be updated annually at least. Or you
say from time to time, it said from time to time and I think if you check, the last time it was addressed
was probably 1989. So, if you are going to keep the criteria updated for the people, where they are
going and also keep it updated for the people that are applying for the program as developers or as
individuals, that they know that that is at least on an annual basis available to them through the Town.
Just was very curious about the proposure of the Workforce Advisory Committee. It really doesn't
give any criteria for that. And that is it. Thank you very much.
SUPERVISOR HORTON: Thank you, George. Are there comments? Ms. Zucker.
MARIAN ZUCKER: Good aftemoon, my name is Marian Zucker, I am the Director of Affordable
Housing for Suffolk County. And since I let Jim Morgo speak before me, I am just going to limit my
remarks to my prepared remarks. He stole a little bit of my thunder but I am here this afternoon to
commend the Town Board action to expand the flexibility of the Affordable Housing District law and
in so doing, address the housing needs of your community. You probably don't need me to tell you
that Southold is one of the County's Towns most severely afflicted by the steep rise in housing prices.
June l, 2004 36
Public Heating-Amendments to Affordable Housing District
Based on analysis that we did internally last year of income to purchase price limits, Southold is one of
the least affordable towns to its residents. A typical rule of thumb is to spend 2 V2 to 3 times of income
on housing prices, this is for pumhasers. And Southold last year had a ratio of 6.78 %, well in excess
of what is considered affordable. Furthermore, according to the 2000 census, approximately 35% of
the town's housing stock is used for seasonal purposes and if this trend continues as it has on the east
end, will only further constrict the Town's permanent housing supply. Meeting the housing needs of
our residents will take a variety of initiatives and solutions and will take our combined creativity to
address. As Jim mentioned, the County has recently proposed changes to our workforce housing
program, which is currently making its way through our legislative process. These changes seek to
expand our flexibility and to expand the pool of residents and developments we may fund. I
particularly want to note that because housing prices have risen so steeply, that even our moderate and
middle income residents are being priced out of the market. We plan to increase our maximum income
limit to 120% of median income. You have heard this already and the reason that we are doing this is
that people who are making even $70,000 and $80,000 and above can't afford to buy a house on Long
Island and we are seeing employers become more and more active in this area because they are having
trouble attracting and retaining their workforce and it is our hope by increasing this limit, that we can
expand and cast our net wider in terms of those we can help and I commend you for doing the same. It
is my hope that with our respective initiatives moving forward, we can work together to stimulate the
creation of affordable housing opportunities and in so doing, preserve one of our most valuable
resoumes; our residents. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Zucker. Ms. Tole.
MS. TOLE: Is there any restrictions on the number of occupants that can be in these apartments? If
not, perhaps you should consider that. I have seen apartments in the village that were over occupied,
so. Life saving volunteerism is not the only volunteerism, you might want to expand it a little.
SUPERVISOR HORTON: You are absolutely right about that or roll back to, if you are a Southold
Town resident. Everybody is valuable, I guess is my point.
MS. TOLE: I guess. I hope. I would disagree, I would not like to put decisions into the hand of the
Town Attorney, I think that is the elected officials jobs, much more scrutiny there. I am sure Pat
would love to have that workload but you know, is rent that is going to be coming in part of the income
of the person who owns the home? If their income is boosted by $10,000; $15,000; $20,000 a year,
how does that affect their eligibility in this program? Not at all? Don't have to be eligible, good,
good. Fair market rent seems to be the problem, so why would we base anything on fair market rent?
It has to be below that if you are truly talking affordability. Because fair market out here is what is not
affordable.
SUPERVISOR HORTON: I think that what ifI am not mistaken what Mr. Morgo, please.
MS. ZUCKER: Fair market rent isn't the going rent in the area, a fair market rent is established by
HUD every year.
SUPERVISOR HORTON: So, it is not what you see in the paper?
June 1, 2004 37
Public Hearing-Amendments to Affordable Housing District
MS. TOLE: As long as it is not market demand. Because that is the problem, not the solution.
SUPERVISOR HORTON: You are right.
MS. TOLE: And I am very sorry that Mr. Tsunis had to leave, I would like to offer an alternative to
Mr. Tsunis, to Mr. Wickham, to Mr. Horton, to Ms. Horton and to Mr. Kapell. If this land can be
transferred to the Community Land Trust in some reasonable fashion, with all good hearts and all good
intents in place, we would remove this political quagmire that has developed. And perhaps that
dialogue can be opened by you people who have had conversations with him...
SUPERVISOR HORTON: I have opened that dialogue.
MS. TOLE: .... and recommend that to him. That transfer could mean building, maybe at a density that
will not create turmoil in the area but provide immediate solutions because I think the Community
Land Trust can make a sterling project there. So perhaps you can speak to Mr. Tsunis about that
because he has made a fine proposal here tonight and I would love to see that moved on.
SUPERVISOR HORTON: I agree with you 100%, Kathy.
MS. TOLE: Okay.
SUPERVISOR HORTON: We have actually, on that note ....
MS. TOLE: WE are going to get to disagreement soon.
SUPERVISOR HORTON: I am sure, I have not lost faith in that. I just xvant to let you know that that
dialogue has been opened up with the Community Land Trust, not only about this specific parcel but in
a very general term, you know, town wide. We have actually had the Community Land Trust Board of
Directors meet with Marian Zucker, who heads the County's Affordable Housing Fund to see how
properties that are in private hands can be transferred, with the help of the county, into the hands of the
Community Land Trust.
MS. TOLE: Fantastic. Another recommendation, penalties, I believe are too small for the violations.
Yes, there are criminal sanctions but as you know, government seldom really would pursue that in
these seemingly civil matters. So perhaps you would consider upping penalties to make it a real
deterrent, you offered incentives, let's offer disincentives for violating this. So if you are going to
penalize somebody, let's talk about maximums that exceed the $5,000.
SUPERVISOR HORTON: Right and we would also be, you are right, we would also be bound by
maximum's we could legally impose as a municipality on civil matters but you are correct.
MS. TOLE: The best you can do is all you can do. Something that was spoken about and I forget
what speaker, brought up something that I want the Board to continue to recognize is that affordable
rentals will lead to affordable home ownership and we have to make sure that we get that transition and
that we get that base. Now, where we will disagree, as I understand it from what I heard, how much
under this 120% could a txvo-person family be deemed eligible at?
June 1, 2004 38
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: One moment.
UNIDENTIFIED FROM AUDIENCE: $81,900.
MS. TOLE: How much? $81,900. That is kind of where I was looking at it. Alright. So we have a
young couple who is making $80,000. Let's not quibble. We have them renting in a home and they
can have money in the bank. And it can be up to 25% of that homes value, I believe? Something like
that? They could have the down payment, their closing costs and the first three years of mortgage in
the bank and still be eligible. Why are we considering raising this amount? There are people out there
to be serviced, we have the county representative saying that for every opening they have 5,000
applicants. Why are we increasing the pool? I would like us to consider what we really want to do
here. Let us keep the pool to those people that are struggling the most. Why go 120%?
COUNCILMAN WICKHAM: Are you asking about the limit or are you asking whether that 25% rule
is too high?
MS. TOLE: If it is 25%, I am seeing 25% of any house that is in this area as certainly a down payment
and a hell of a lot more.
COUNCILMAN WICKHAM: It seems to me that you might argue that along the lines that you
presented, but keep the 120% but just reduce that 25% of assets rule that we have been talking about
this afternoon.
MS. TOLE: Perhaps that is something to talk about. I find it a problem that you have median income
indicating to me if I remember my high school math, median means half people make more and half
people make less. So what we are doing is we are saying that 50% of the people isn't enough to throw
into this pool, that we want to throw in more than half of the people in this town into this pool and that
is something that we cannot possibly meet the demands of. In reality.
SUPERVISOR HORTON: Well, also in reality right now, I mean, we have if I can look at somebody
who is here in the audience who is currently a town employee that make $50,000 a year, they make
too much money to qualify for any Town affordable housing program. So they are ruled out. They
can't participate. And I mean, at $50,000 a year, that person too, is priced out of the housing market.
MS. TOLE: What is the one person family income limit?
SUPERVISOR HORTON: $47,000.
MS. TOLE: $47,000 and then you are going to....on a single person to, what is the median for a single
person?
SUPERVISOR HORTON: Currently? As it stands, currently, it is 80%. I am sorry, median income is
$59,687.
June 1, 2004 39
Public Hearing-Amendments to Affordable Housing District
MS. TOLE: Okay. So we are taking a single person about $60,000. The person you just described
meets that. They are making $50,000, if they are the sole earners, whether they are one, two, three or
four people in their family, they meet the income eligibility. So that is kind of a little specious there.
SUPERVISOR HORTON: No. No, they don't.
MS. TOLE: You are saying...
SUPERVISOR HORTON: I am saying, currently right now, if they were making under the 80% that
is currently allowed...
MS. TOLE: I am probably confused and don't understand. Aren't you saying that we want to allow
people into this program that are making 120% of the median?
SUPERVISOR HORTON: Up to.
MS. TOLE: So, let's not talk 80%, we are talking median.
SUPERVISOR HORTON: But xvhat I am saying is, right but xvhat I am saying is, to sort of provide,
you asked why would you want to do that and the response that I am giving you is that 80%, which is
the current regulation, if you make, if one person, for a one person household, for a single earner,
makes more than what the current guideline is, which is $47,750; so if a one person household is
making $50,000 a year, they make too much money to qualify for affordable housing opportunities.
So, by raising it, you are, yes, including more people.
MS. TOLE: Alright, but you are not talking about raising it to median, you are talking about not only
raising that 20% but now going 20% beyond the median.
SUPERVISOR HORTON: So your suggestion is maybe just doing median income? Is that what you
are saying?
MS. TOLE: Yes.
COUNCILMAN ROSS: What Mr. Morgo said and along the lines that we were thinking, is what you
want to do is set your limits so that you are not including people who could otherwise purchase a home
and here we determined, or it is our judgment that 80% you still have that huge gap because of the
price of homes out here, even if you go to median, you still have people above the median that would
not be able to afford, you go to 120% and above that, you xvould expect they could do something for
themselves. But below the 120, we feel as if they are a group that would not otherwise be able to
purchase a home. And that is why we are setting it at that amount.
MS. TOLE: I xvould like to ask the Board to drop that 120 lower. You are expanding a pool so far
beyond what can be serviced by this legislation, reasonably serviced by this legislation. We are getting
into a pool that maybe could, maybe couldn't as opposed to a pool that never will afford a home.
June 1, 2004 40
Public Heating-Amendments to Affordable Housing District
COUNCILMAN EDWARDS: Could I speak to this for a moment? It is something certainly, the
Board will consider. But I think it is important to remember that just because you might qualify on an
income basis, there are many people in this Town who would qualify on an income basis, but already
own real estate, the issue is for those who don't. I mean, I would venture to say an enormous percent
of people in this Town don't have that income. The point is, they already own a house. They got a
house long enough ago before things went crazy. So, it doesn't expand the pool nearly as much as you
think it expands the pool to go to 120. The point is, there are a lot of people that are at 110% of that
median and they should be included.
MS. TOLE: But it almost begs the question of who is out there that has this need and can reasonably
participate in the program and meet the obligations so that they are not too low-income, we still
haven't heard fi.om the Town what the needs are. If you asked me some time ago, did I want a brand
nexv apartment and under market value, when I wasn't earning the average income in my area, I would
of course, say yes. But you know I had to take a smaller apartment and lesser and older and all of that.
So, you know, if you need to expand the pool perhaps the demand is not there or perhaps we should
know that the demand is there.
COUNCILMAN WICKHAM: May I suggest another approach to, I think the same issue? What you
are concerned about is that the people who really need help, at the lower levels, may not have an
opportunity or full access to the program if it is largely taken by the people that don't. I am attracted to
Mr. Morgo's suggestion that while we might want to leave it at 120%, we might also want to put in
another number that say, for example, half of the homes that are ultimately built would be reserved for
those within the 80% limit. Something like that.
MS. TOLE: That is a great out of the box thinking. Thank you. I would like to see some more of
those discussions with the Board because I think it is necessary.
SUPERVISOR HORTON: That was definitely...
MS. TOLE: I am sorry I took far too much time.
SUPERVISOR HORTON: No, not at all. I just love when I know we are going to disagree and come
out agreeing. That was, I thought, the most important point that Mr. Morgo made, that could be
incorporated into this. Yes, Ms. Solomon.
CONNIE SOLOMON: Connie Solomon, Village of Greenport. To what extent will this law take into
consideration the sons and daughters of Town of Southolder's? I heard about the income eligibility
and things like that but let's say it is someone who moved here a year ago, into the Town, versus
someone who has been here for much longer. Will that be in any kind of consideration in the lottery?
SUPERVISOR HORTON: The eligibility requires that you, that one be, lived in the Town of Southold
for a period of at least one year, prior to submission of application or income eligible families have
been employed in the Town of Southold for one year prior to submission of application. And we do
also have for those wanting to return, income eligible individuals or families who previously lived in
the Town for a minimum of one year.
June 1, 2004 41
Public Hearing-Amendments to Affordable Housing District
MS. SOLOMON: Okay. So we will all pretty much be in the same kind of...
SUPERVISOR HORTON: Yes, yes.
MS. SOLOMON: Now, what about the EMT's or fire persons, are they getting priority or something
like that.
SUPERVISOR HORTON: That is a priority and I think what the Board is going to take away from
this heating, which has been an extremely healthy hearing, what the Board is going to take away from
that is the deep understanding that there are several organizations that make our community work, that
make up our community and they should be living in this community. Very well may be, living in this
community should be the priority. Should be the priority. Yes, ma'am.
JOY O'SHAUGHNESSY: Good evening, my name is Joy O'Shaughnessy, I am a resident of
Mattituck. I rent my home, I don't own it at this point. And I am here just to talk to you a little bit
about some of my personal concerns and my professional concerns and I would really just like to start
by commending you all for the effort you are putting into this. It is a very, very important issue and
now is the time to act. And I really hope that you don't get bogged down with a lot of concerns from
people in the community who aren't agreeing and just get bogged down in all the logistics and don't,
and just get stifled and have nothing happen. Professionally, I am the Associate Director for Family
Support Services at East End Disability Associates, we are a non-profit organization that serve people
with developmental disabilities on the east end of Long Island, xve work with folks on the north fork as
well as the south fork. And I work with all of our neighbors, you know, I am working with families
from Orient back to Riverhead and in every single part of the north fork, I have worked with families
who are in need of services for their loved one and it used to be in the past that I had a very difficult
time finding funding to provide folks with services and things have gotten a little bit better in that
matter and I have been able to find the funds to find supports for folks but I can't find the people to do
the job. And I really think that really leads into beautifully what you are talking about tonight because
we have folks who given the amount of money that we can pay them to provide them with supports in
Orient and Greenport and Cutchogue and in Southold, we can't find the people to do the work. So I
might work with a family for a year or two to get the plan into place and to get everybody from Albany
on down giving us the go ahead to provide the support services to an 8 year old autistic boy in
Greenport or a 45 year old mentally retarded woman who still lives with her 90 year old mother in
Cutchogue, and then everything is in place, but I can't find the worker and I really think that is because
out here we have no one that can afford to live under the amount that I can pay them to do this kind of
work. And even one of my employees is a woman who lives in Cutchogue who has a developmentally
disabled daughter who requires nursing services because of her needs and she has got the funding lined
up and she can't find a nurse and so she had to talk to me today about cutting back her hours. And she
is providing a valuable service to all of her neighbors here on the north fork. So that is really just a
shame. Personally, I really have been very frustrated and in my own personal ability to buy a house
here on the north fork and one of the things that is working for me right now is that in first time
homebuyer programs, they have just raised, SONY MAE has just raised the income cap and three
months ago, I wouldn't have been eligible for this program. Now, you know, I am a proud person, I
don't like to talk privately about my private business but I think it is important for you to understand
that people are really struggling and I would just encourage you to consider that, there is a lot of people
June l, 2004 42
Public Hearing-Amendments to Affordable Housing District
here who provide very valuable services to our community and I would like to see them be able to
continue to stay here. Thank you.
SLrPERVISOR HORTON: Thank you. Are there other comments from the floor? Yes, sir.
JOE PROSPAZIANI: Thank you. Joe Prospaziani, from Greenport. A question to the Board. It
seems that the focal point of the affordable housing has been Greenport. I do not live in the Village of
Greenport, I do live in the town of Greenport. Is there going to be a limit to the number of affordable
housing units in the proximity of Greenport? Because we have people here willing to give property, I
mean I say give but I am sure that is not the case.
SUPERVISOR HORTON: I am trying to think how to answer that question is that this legislation is
not specific, there is not a proposal to zone a specific piece of property anywhere in town, on the table
tight now. There is, you know, the mechanics of trying to craft the legislation that would be, that
could be applied through our town.
MR. PROSPAZIANI: It seems to be focal, once again, the focal point of the Village of Greenport. I
came to the last meeting where Mayor Kapell and his Board championed the cause for the issue of the
survival, germane to the survival of the Town of Greenport. He specifically stated about White's
Hardware, the Arcade and the IGA and about how the young people, college graduates are not coming
back to Greenport and leaving. I would like to address my viewpoint on some of those issues...
SUPERVISOR HORTON: IfI may, this heating is not about any initiative put forward by the Village.
MR. PROSPAZIANI: However, it is in reference to the area of Greenport.
SUPERVISOR HORTON: This legislation is about a, and by all means I will allow you to speak, but I
just wanted to be clear that this public heating is about a zoning district that is in town law,
amendments to that.
MR. PROSPAZIANI: But if Mayor Kapell gets his way, there xvill be a lot of additional affordable
homes in Greenport. Let me address what I xvould like to consider the quality of life issues that I
perceive. Number one, is when I first bought my house, I lived in Valley Stream. I couldn't afford to
buy a house in Valley Stream because the average house in Valley Stream was selling for $36,000.
My range of a house was anywhere from $18,000 to $23,000. I had to move to Sayville, Long Island
which was approximately 40 miles away, somewhere I didn't, I had to commute. You had mentioned
something about New York City. Everyone in Manhattan doesn't live in rent-controlled apartments.
The price of housing here on the north fork, without a doubt, has skyrocketed but is not different than
anywhere else in the United States, in fact, in the state of Connecticut the prices are lower here on the
north fork and even in fact, the state of Massachusetts, is over $413,000. When I get back to the
quality of life issues, I am talking about the amount of traffic that would be in the Village of
Greenport, you talk about that you are not putting families, that our children can't, well, I will tell you
what, my school taxes and they will go up, there is not doubt that if you are going to put all these
additional families into the town of Greenport, the school taxes in the town of Greenport for those
residents who live there, xvho will burden the tax increase from the school tax. What about the seniors
who can't afford who are on fixed incomes? Approximately, I am retired, approximately 25-35% of
June 1, 2004 43
Public Heating-Amendments to Affordable Housing District
my retirement income is to pay taxes. Then you have the quality of life issue, which I perceive, or
which I like to champion is the amount of litter that is on the North Road and it is twofold. It is
twofold, it is number one from the traffic from the ferries, people throwing garbage out the windows,
but most of it is from the garbage that is being hauled to the dump and it is, you know, I am kind of
twixt and between, here you have the town's concern about affordable housing, yet they are charging
$1.50 for a garbage bag. And what happens with that, if you go down to Klipp Park, where I live,
down the end of Manhansset Avenue, people who bring their garbage there at the end of the weekend,
you can't put it in the dumpster because it is only for cans and small containers, leave it there and the
seagulls get into it and it is all over, in the water and all over the beach. And the same thing happens
on the North Road. The amount of garbage that is on the North Road, specifically of the milk bottles
that is going back and forth to the dump.
SUPERVISOR HORTON: And that is with no affordable housing.
MR. PROSPAZIANI: Excuse me?
SUPERVISOR HORTON: I am trying to say ....
MR. PROSPAZIANI: Well, I am trying to say that the quality of life issue is that there is more people,
more garbage.
SUPERVISOR HORTON: I think your points about dealing with litter, I mean, I wish a could
legislate a social conscience. We can do a better job of dealing with litter that is on the side of the
road, our highway crews and our DPW crews, they work their tails off to deal with that and I am sure
that we could do better and we xvill have to continue...
MR. PROSPAZIANI: Josh, with all due respect what they do is they cut the grass, you know, one
piece of litter is now 12 pieces. But that is not, it is a question of the quality of life issue and
affordability is the Town of Southold going to subsidize putting all these affordable housing into the
Village of Greenport ....
SUPERVISOR HORTON: The answer to that is no.
MR. PROSPAZIANI: Then why should the residents of Greenport have to, have to because these
people are not going to pay there, these houses based on what they are going to sell for is going to
determine the school taxes.
SUPERVISOR HORTON: The Town is committed to insuring that affordable housing is shouldered
town-wide or is the responsibility on a town-wide basis. We have been very clear about that and we
remain committed to that.
MR. PROSPAZIANI: Well, I would appreciate that there would, with the Toxvn of Southold Board of
Supervisor's here, we consider other places than Greenport, Greenport. It is not a question of whether
I got mine, I don't want anybody to have theirs.
SUPERVISOR HORTON: We are considering the entire town.
June 1, 2004 44
Public Heating-Amendments to Affordable Housing District
MR. PROSPAZIANI: Thank you.
SUPERVISOR HORTON: Yes, sir. Thank you. Mr. Nickles, you are more than welcome to address
the Board. I understand that our technician is...
JOHN NICKLES, JR.: I just want to say a couple of things. First of all, I would like to commend the
Board for pursuing these changes to the affordable housing district, I think it is a good first step to
address some of the people, problems in the town. Doing a pretty good job with land preservation,
certainly that is not done but it appears we are getting some balance now with the main people
problem, which is the lack of affordable housing. I am in real estate by trade and I would like to
caution you, I think you are on the right track, going to the 120% of the median income level. As you
heard Mr. Morgo say, that the in general, when you are talking about mortgagability, it is something
like 2 t/2 to 3 times of what your gross income is what you can afford to pay for a house. So if the 80%
of the median income is under $50,000., that is less than $150,000 to purchase a house. I am in the
real estate business. I haven't seen a single family residence of any kind for sale in Southold Town for
that price since I started in the business.
COUNCILMAN WICKHAM: What price?
MR. NICKLES: $150,000 or less. And that was in 1995. Typically to enter the housing market, you
need to be able to spend at least $300,000 unless you are a handy person and you can do a considerable
amount of work to a debilitated property. So I would like you to look at those numbers carefully, I
think you are on the right track with that 120%. If that number is $71,000 for a single person, that is
still if you multiply that by three, it is just over $200,000. It is not quite there. So, what you are also
going to be doing if you do not raise these numbers up is you are going to force the Town into a
situation where the only type of affordable housing that any developer might want to create or be able
to create to fill the guidelines of the 80% to the median figure, is going to be just very small, co-op
type apartments. And that would be really the only choice because then you could get it down,
probably even get it down to under $100,000. Just the single family type, I think is not going to work
out that way. So, I caution the Town, when they are looking at those numbers, I think you are on the
right track in the first place. My concern, that I have had about a requirement that says you cannot sell
your home for a profit within the first five years. The first thing about that is it is not a profit if it is
being pegged to inflation, so whether it is one year from now or ten years from now, the money that
you outlayed to get into that house, the date that the deed transferred across the table, is the same
amount of money as it is when you sell whether it is the next year or whether it is 30 years from now.
So, in my opinion, there's really not a profit because it is the cost of your money. Now, I think if you
are going to limit it to, you are going to tie someone's hands and say, 'we want you to be in the
community and you have to stay in the community for five years' you are sort of tying their hands in
the situation. There could be a hardship, they made more money, they are going to decide to leave the
North Fork and they are going to go to another area and if this person had to wait five years just to be
able to get their inflation adjustment and I don't think that is fair to the person who bought the house
and I don't think it is fair to the next person in line, who is on the affordable list who is looking for a
house. So, I think that that five year restriction sort of ties the hands of the affordable program and I
don't think that that should be the intent of this legislation. Otherwise, I think that you are going on
the right track, I think that the residents of the Town, myself included, we do want to see this in a
comprehensive fashion, we do want to see what this town-wide plan going to look like and I think that
June 1, 2004 45
Public Hearing-Amendments to Affordable Housing District
we are probably going to learn a lot ~vhen you get into the hamlet study and you start these committees
and if there is, if the Town has been sincere and the residents have been sincere about preserving all
the open spaces and the farmland and the past studies have said, let's put some of this development in
the hamlets, then we will see if that comes to fruition, based upon the public input that is going to
happen in the hamlet study. Thank you.
SUPERVISOR HORTON: Thank you, sir. Let me get somebody that has not gone yet.
TONYA PALMORE: Good afternoon, everyone. My name is Tonya Palmore, I am the Executive
Director of North Fork Housing Alliance, I also live in Greenport. I can't stress it enough. I commend
the Board for your actions for revising the Affordable Housing District but as everyone knows, we see
lower income clients and the key is affordable rentals- just echoing what Marian Zucker said, what Jim
Morgo said- that you need to have the affordable rentals because everybody can't start out as a
homeowner, so having an affordable rental in turn will give them the power to save and everything to
become a homeowner. So, I can't stress that enough, I mean the clients I see are on the lower income
spectrum, I am glad you address that fact, that if you set a clause in there that you are going to do 50%
for the lower income and (inaudible) the 120, I don't have a problem with it. As long as everyone can
get a chance and it is fair, I don't have a problem with it and I commend the Board for actually making
these changes, but wherever I go, I have to advocate for my clients, so thank you for giving me the
opportunity to speak.
SUPERVISOR HORTON: Thank you, Tonya. Yes, Ms. Norden?
MS. NORDEN: I do think that is really true, I think that a lot of people xvould feel a lot more
comfortable if they could save for a home. And at the rental levels right now, at $1,500; $1,800;
$2,200 for a single family home or $l,000 plus, just check the Suffolk Times, it is very, very high and
there is no way that most people can afford it and if they even were able to scrape that together, could
every possible dream of saving money. So there are lots of schemes with both existing housing stock
and with rental opportunities to create something and I am glad to hear that there will be caps on the
rental apartments that will be part of this, because I think that anything over $800 a month or $700 a
month or whatever is ludicrous especially if you think you are going to be able to provide for people
that actually need to save for their next home. My other question had to do with lending institutions.
Have you, will this be a traditional kind of situation where everybody will go out and get their own
mortgage or will there be...
SUPERVISOR HORTON: I am glad that you are bringing this up, because I think you are hitting on
something we discussed this morning that is a really, really is a key component in addressing
affordable housing. That is providing assistance xvith dealing with all the various levels of obtaining a
mortgage, the legal components of it and just the education alone, and that is not even speaking to
some of the costs, the closing costs and one other thing that we are organizing, we will be organizing
and Philip Beltz is generating this out of his office and that is to get as many lenders that deal with first
time home buyer opportunities, mortgages, affordable housing mortgages. There are many lenders
SONY MAE, FANY MAE, Bank of New York, North Fork Bank; get them together and do a series,
an ongoing, and maybe even have this on a quarterly basis so it is not just a special event, it is done,
this is what we do out of the Housing Office on a quarterly basis and that is get these people together,
broadcast it throughout the community, so people who are serious about getting into some housing
June 1, 2004 46
Public Hearing-Amendments to Affordable Housing District
know where to go, know how to apply for a mortgage and are aware of the various opportunities that
are out there. I just learned of a program today that, it xvas on the street of Greenport this morning that
a lender came up to me and said 'are you aware of this one?' and I said, 'no, I wasn't'; so that is great,
I am glad that I went to Al's for coffee this morning.
MS. NORDEN: I think it is really important and I also think having a mix of lenders, so that there
actually is a opportunity for lottery really to xvork, because if there is one lender, which fi-equently
happens, then there would never be a lottery because the lender would have access to all of the income
criteria and would make decisions based on what is good for the lender.
SUPERVISOR HORTON: We think competition is healthy for this.
MS. NORDEN: I think that would be really great. The other thing is, I know that we in Greenport
have talked about our taxes and they are high, and obviously my brother owns a home in Orient that is
valued three times what mine is and he pays less than half of what I pay in taxes, there are lots of
issues and we are not going to into all of the taxation of various towns and villages, however, since you
did say that the income potential is vast for the fund, I would like you to consider a possible alternative
to offset some of our concerns and also because this is affordable housing, workforce housing which
means children more than mixed housing, which might not. If you had mixes of senior citizens and
lots more single people and not as many workforce families, then it would be less likely that a lot of
children or a number of children xvould come out of one particular affordable housing project. If it
cost $15,000 a year to educate a kid and you have got 10 kids in affordable housing project, Route 48
and Main Street, why not provide an educational credit to every local school system. That would only
actually cost $150,000 a year, say, if you had the 10 kids and it would be a lot, it would be $1.5 million
or $3 million over 18 years, however, it would be a really good way to offset that we and the rest of the
community will have to bear. And that may not sound like a lot if we are only talking about like 16
families or 32 families or whatever but over time, for example, if I lived in Manhasset right now and
xve have been encouraging a lot young families and no second homeowners, my taxes would be
$12,000 a year. So I say, thank god for the second homeowner who doesn't bring children necessarily
to the school system and use that many services but if we are going to have a major increase in
children in our school systems and if we can raise a good deal of money with the fund from a wide
variety of sources, it seems that we might want to consider providing educational credits. I don't know
exactly how one would craft that but I don't think it would even be that expensive. So if there were
say, not everybody is going to have kids at the same time or stay in the same place for all that long
anyway, but say you did spend $150,000 per year per school system in educational credits, meaning
that would be the $15,000 per year it costs to educate a kid in Greenport times ten, it is not really that
much money. And it really would help the other people like us to not have to bear an increased tax
burden. And I think there would be a way to make it relatively equitable for a small amount of money.
So, it might be something that you might want to consider. There also might be additional funding
both state, federal funding, for such a purpose. So, in other words, the fund itself would absorb the
increased taxes that are likely to result, which obviously xve know almost all of our taxes or 80% are
school taxes. So the fund would actually assist in absorbing that amount of school taxes, making
affordable housing a much better neighbor to all of the retired people, whose incomes are far less quite
frankly, all of the retired people who live right around the affordable housing area. So it is something
to think about. It would be a benefit to everyone in the Town, and it would be much more of an
equitable solution than to ask other residents to bear the increased burden of school taxes. Thanks.
June 1, 2004 47
Public Hearing-Amendments to Affordable Housing District
SUPERVISOR HORTON: Thank you very much. Thank you. Ms. Wolf.
DOROTHY WOLF: So many interesting things have come out, I wasn't going to say a word, I came
to grab my husband and go home. Now, he is going to eat pizza. Mr. Nickles said something very
interesting. What happens to the property that the Town itself owns? The property that you acquire
either in farm acquisition or property that the Town itself owns? Town owned property.
COUNCILMAN WICKHAM: For affordable housing purposes, you mean?
MS. WOLF: Yes. Can you use that property, farm developed ....
SUPERVISOR HORTON: You mean land that we purchased...
MS. WOLF: Can you use your own property for this purpose?
SUPERVISOR HORTON: We cannot use land that has been preserved for this purpose. The Town
could purchase land and work to create affordable housing. Probably the more beneficial way, so the
answer to that is yes under that scenario, probably the more beneficial way to do that would be for the
Town to work with, say, the Housing Alliance or the Community Land Trust of Southold to acquire
property and have one of those two organizations administer the initiative.
MS. WOLF: Everything that I have heard tonight kind of indicates that affordable housing means an
apartment or a condo. Because there is land and its cost, and I am involved in something and I am
going to send you some material tomorrow for each one of you to see. Condo's are great, they are
magnificent, one family lives on the first floor and another family lives on the second floor. They
own, they care for it, you know what a condo is. It just seems to me that that is where the affordable
housing ought to be. Mr. Tsunis was here before and he said, 'here is my property, take it' or here is
my property, buy it. And then what are you going to do with it? Someone is going to have to build on
it and I think it would be an absolutely, people throw out what they want, condo's, houses, I think it
would be very advantageous if you called together some of the builders and people like Mr. Israel, who
was here last meeting and called together some of the people who are going to make this kind of
investment. What are they prepared to build? What can they build for affordable housing to get their
money out because what I am going to send up to you tomorrow, you will find that the guy that is
building this is going to make a lot of money but the apartments are very inexpensive. So, the builders
will tell you a lot about what they are willing to do because they are not in this for charity. I wasn't
going to say anything tonight. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Wolf. Would anyone else care to address the Board?
Mr. Geiss?
GUNTHER GEISS: Gunther Geiss from Southold. Melanie said something before and it troubled me
a little bit and I would just like a clarification, the title of all of this is Workforce Housing, does that
mean perforce that it excludes retirees?
SUPERVISOR HORTON: No, we took that out.
June 1, 2004 48
Public Hearing-Amendments to Affordable Housing District
MR. GEISS: Okay, so retirees are candidates, disabled people who can't work are candidates.
SUPERVISOR HORTON: Absolutely, absolutely. More community housing.
MR GEISS: Okay. Another question that I had that was raised by her questioning about lenders, is
what attitude do lenders have when in the event of foreclosure, they have only one possible buyer?
Which is the group to whom the housing has to be returned?
SUPERVISOR HORTON: Thus far, I mean, what my independent communications with them has
been, whether it has been SONY MAE or FANY MAE, has been very positive. Lenders are more than
willing, lenders that deal specifically with affordable housing mortgages are comfortable with what the
Town is proposing.
MR. GEISS: Okay. Now, the lenders who are willing to do this, do they necessarily charge a higher
interest rate because of the risks that they are taking as is often the case with lending to mobile home
communities and other such affordable...
SUPERVISOR HORTON: Actually, on the contrary. I can say, SONY MAE has a program where
they will lend up to $343,000 to an income eligible borrower, at a fixed 30-year rate of 4 ¼ %.
MR. GEISS: I would like such a thing. Even though I got in a few years ago, when rates where not
too bad.
SUPERVISOR HORTON: No, just go out and fall upon hard times.
MR. GEISS: I am there, I am there.
SUPERVISOR HORTON: So that is one that I speak of but there are others out there and that is why
we want to bring all of these institutions into a community forum so we can really educate people and
get people involved.
MR. GEISS: I have no quibble with your intentions in all of this regard. My concerns are always
about ho~v it will be administrated and what kind of an administrative nightmare it may produce. And
I have to admit if I dozed off during some of the comments, I had a terrible nightmare and my
nightmare was to see our forefathers originate that simple idea of the income tax. You know, it is a
simple idea. We have a problem, a budget deficit in the government, why don't we simply ask
everybody to contribute, it is a simple enough notion and we will go ahead with that and we will have
some percentage of income and before you know it, people began to raise questions; what is income?
Is it earned income, is it other income? What shall we tax, what shall we not tax? And you are all by
now no doubt familiar with the magnitude of the internal revenue code that has been created and much
of accounting serves simply that internal revenue code. I have a fear that in the attempt to administer
this, you are apt to bind the Town into a code of consequence, maybe a decent fraction of the revenue
code and I would be very careful in engaging in that.
SUPERVISOR HORTON: Thank you very much, Mr. Geiss. Are there other comments from the
floor in regard to this public hearing? (No response) Alright, we will close the hearing but in doing so,
June 1, 2004 49
Public Heating-Amendments to Affordable Housing District
I really want to re-emphasize that, you saw actually, this is great news, Melanie. A couple of weeks
Newsday did an editorial and they said about the healthy exchange between the community and the
Town Board about affordable housing and if that one was to be commended, than this one is above and
beyond reproach because this was a very good give and take. It xvas informative for me and I hope that
we have provided answers to questions that needed answers and those we couldn't provide answers to,
we will certainly address moving forward. So, thank you all for participating.
COUNCILMAN WICKHAM: Josh, could you summarize xvhere you think the Board is going to go
on this.
SUPERVISOR HORTON: Well, as far as dealing with this, we obviously xvill have to print out the
minutes of the meeting and again, have our Code Committee convene with members of the Planning
Department, legal staff and the Town Board xvill also have to convene to address many of the
comments and incorporate applicable comments into the code and set yet another public hearing. That
is the process. We can't, well, we could vote on this tonight, we are not going to because there was so
much positive input that warrants review. So the process moving forward will be to do our best to
incorporate or review comments, apply them to the code, set another public hearing and do it all over
again. So, we will close this hearing and again, thank you for coming out.
Southold Town Clerk