HomeMy WebLinkAboutLL 2005 #02STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATe STREET
ALBANY, NY 1223 I -000 I
RECEIVED
JdAR 2 8 2005
$outl~ol~l Town Clerk
GEORGE E PATAKI
March 25, 2005
Town of Southold
Town Hall, 53095 Main Road
Po Box 1179
Southold, NY 11971
RE: Town of Southtold, Local Law 2 & 3, 2005, filed on 311412005
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
(518) 474-2755
LL:cb
DEPARTMENT OF PLANNING
COUNTY Of SUFFOLK
STEVe
SUFFOLK COUArW EXECUI3VE
March 16, 2005
RECEIVED
MAR 2 4 2005
Southold Town Clerk
THOMAS ISLES, AICP
D~RECTC)R Of PLANNING
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
Re: 1 .)
2.)
A Local Law in relation to the creation of a Transfer of
Development Rights-Chapter 87 of theCode of the Town of
Southold.
A Local Law in relation to Sidewalks Chapter of the Southold
Town Code.
Gentlemen:
Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above
referenced Code amendments are not within the jurisdiction of the Suffolk County Planning
Commission.
Very truly yours,
GGN:cc
g:~CC HO RNY~ZONIN G~ZO NIN G\W ORKINGIN ON~iUR~2005~S OBI.MAR
Thomas Isles
Director of Planning
Principal Planner
LEGAL NOTICE
NOTICE OF ADOPTION
NOTICE IS HEREBY
GIVEN THAT there was pre-
sented to the Town Board of'the
Town of Southold. Suffolk
Count); New York, on the 18th
day of January, 2005 a Local
Law entitled "A Local Law in
relation to Creation of a
Transfer of Development
Rights Chapter 87 of the Code
of the Town of Southold'.
NOTICE IS HEREBY FUR-
THER GIVEN that the Tot~n
Board of the Town of Southokt
held a public hearing on the
aforesaid Local Law ou
February 15, 2005 at 8:00 p.m.
at .which time all interested per-
sons were heard.
NOTICE [S HEREB'¥
GIVEN that the Town Board of
the Town of Southold herebx
enacts /he following Loc:ii
Lgw:
LOCAL LAW NO. ~ of 2005
A Local Law in relation
Creation of a Transfer of
Development Rights Chapter
87 of the Code of the Town nf
Sonthold
SECT[ON 1. CODE
AMENDMENT.
The Town Board hereby crc-
ales a new Chapter 87 of thc
Town Code of the Town
Southold as follows
Chapter 87- Transfer
Development Rights
§87-1 Purpose and Intent
As set forth in numerous com-
prehensive, planning docutneut~.
the Town s goals include die
preservation of open space, agri-
cultural lands and recreational
landscapes; presetwarion ut' thc
rural cultural, and historic cfm-
artec of the hamlets and
rounding countD'side; preset,.-
,';87-2 Dcfinitlor,'.
I)c', clopmcnt Rights thc
otficr cri{cria that xx ill cllL'ctixc-
ly quantif5 a xaluc Ibc t[~o dcvcl-
A development right include~
floxx credit
Sanitatw Floss Credit one of
the development rights allocated
Flow Credit is cquixalcut to a
right to dcxclup a ~ingle family
rcMdcntial p,~tccl 'Mth an iudi-
StU]~dk ('out, Ix 5anitat'5 Ct*de
~7t~mru~ ~()tl{ct app~,~xal= will
bc required ptto* ~o tlcxclop-
receiving uhnh
~cccix lug diqrict-
{$7-3. Dcxclo?mcm Right.
Bank
Thc ] ua u hot'cbt c.tahlishc, a
R(ght~ Bank iTDR Bank) tn
which dcvch)pmcnt ri~ht~ Ln%
bank mu~t that hc accepted b)
43all bc depo.itcd inlo ~L special
N. iht ,mi5 dcxch~plncn[ tiTht
I~. Fhe I:m~l- hum Milch
t'cH'cd ilno liic h,mk 'o. crc
d,Nincd arid ,ct Ibtth m thc dcli-
x~ith afl;qldable boa>Lug. '1 be
1o~ n Board. and .bali con4dcr
and thc p~Lblic bcnbfit provided
ol Sannarv I:lo~x (rcdits pur-
thl'mmh Ibc TDR bank.
A. Oesignation offiendiug and
Re~e&~ mg Districts
I. Thc =endi[nt district
shall bc any znnmg tfistricl in
dl= Tn~ n of goutbold Ibal {~ not
defined a~ a Receivino District.
2. Thc rccct~ Lng d~stnct
Mmll bc any lands designated
Busiues~ {B=L ttamlet Business
~HB). Rcsidentkd Off, ce ~RO).
or land ~signated as AffOrdable
Housing District (AHD) after
Marcb I. 2005.
B. Designatioa of
De~ elopment Rights
I. A de~ cio nnm~t right
-hall bc limned 1o a
llm~ c~cdit.
~X7-5 Determinatmn of
Sanuar5 tltm C~edit to be
~ )cpo.ired uuo thc 1'DR Bank
sb:dl bc placed into Ibc I'ox~n
of ifc Cl'Cdil.. 'I bc qox~n Clerk
a. pr,,~idcd b> thc Land
B,~at'd
t' [be Foxxn ([cxk ~h:dl
AhyC'~kll~ ()fl'icc. thc Land
Special Pro}cots t'oordinator
and the Pkuming Dcpamocnt for
~s7-~, Irrcx cr~ibD
<o dcxcloplncm nght~ shall
ha~ ptexiOtL.I) had all of its
dcx cb ~pntcut r~gln~ extinguished
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Jacqueline M. Dubd, being duly sworn,
says that she is the Legal Advertising
Coordinator, of the Traveler Watchman.
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
v, hich the annexed is a printed copy, has
been published in said Traveler
Watctynan once each week
for ............ 1 week(s), r/" successively,
conm'~n, cing on the.../...( .......... day of
s'Fqrn to betbre me this. f ../...day of
· ,l }.,..l,!.t L..L,.- ...... 2005.
Notary' Public
Emily HmniU
NOTARY I'ITBLI('. State of Ne~ York
No. Ol nAS050084
Qualified in Sulll}lk County
C'ommis:don expires May 06. 2006
ti0) days notice of such hearing
to be published in the official
State acquisition of development
rights program or other ease-
ment, transfer, restrictive
covenant or otherwise.
§87-7. Procedure for Transfer
of a Development Right from
the TDR Bank to a ReceMng
District.
Upon appl/cation of the owner
of an individual parcel in a
ReceMng District, the Town
Board may pen-nit the transfer of
a development right to such par-
cel by proceed ng in the manner
set forth belov.:
A. Notice to adjacent property
owners shall be given bv th¢
applicant in the same mantlet as
set .forth in Section 100-292
reid, ting to change of zone appli-
cations.
B. The Town Board, betbre
~ubli~hine notice for a pub ic
earing, ~'hall comply w~th all
State' Environmental Quality
Review Act (SEQRA) require-
mentk and costs associated with
review shall be paid by. the
applicant.
C. The Town Board, before
~nblisbing notice tbr a public
earing, shall, in a written
request, instruct the Town
Planning Board and the Building
Inspector toprepare an official
report regarding the proposed
transfer, including the Planning
Board recommendatkms. The
Building Inspector report shall
certify/ the use in the zone pro-
posenand comment on the pro-
posed project. The Planning
Bo,.rd report and recommenda-
tions shall consider the factors
set forth in §87-7 E below.
D. The Town Board, by resolu-
tion adopted at a stated meet ag,
shall fix the time and place of a
public ,hearing on the proposed
transfer and cause at ~east ten
news fl er.
E.'~e~tP~re the transfer of devel-
opment rights may be authorized
to'any Receiving District. the
Town Board shall determine,
after evaluating the affects of
potential increased development
which is possible under the
transfer of development rights
provisions, that the district con-
tains adequate resources, envi-
ronmental quality and pub c
facilities, including adequnte
transportation, water supp y,
waste disposal and fire protec-
tion. and that there w/Il be no
significant environmentally
damaging consequences, an~
!hat sffch increased development
~s compatible with comprehen-
sive planning anti the develop-
ntent othenv~se petTnitted by the
Town and by the federal, state
and county' agencies having
~urisdiction'to approve permissi-
le development with n the dis-
met.
E Where a transfer of develop-
ment rights affects districts m
two or more school, special
assessment, or tax districts, it
ma5' not unreasonably transfer
the tax burden betwee'n the tax-
payers of such districts.
G. Following the public bear-
ing, the Town Board may by res-
olution authorize the transfer of
sanitary flow credits. The reso-
lution ~hall state that the appl -
cant shall recei,~e a Samtar~
Flow Credit Certificate, which
shall not be signed by the
Supervisor and released by the
Town Clerk to the appficant
until the Covenants and
Restrictions as set lbrth at ~87-9
have been filed and such filing
has been approved by the Town
Attorney._
~87-8. Sanitary Flow Credit
Certificate.
A. An appli
and present
Credit Certi
Building Dep
receiving a Bu
B. The Sani
Certificate sba
ic use for the
and may be u
struction of th
the Certificate
C. The Towr
lain a log detf
Flog, Credit
have been iss
Board, and st
lain the sourc
the transferrec
D. The To,,',
vide notice ut
Sanitary Flow
to the Tow
Assessors C
Preservation
Special Proj
and the Plann
§87-9.
Restrictions
A. Followir
resolution gr~
a Sanitary 1
recxp~ent pun
duces set fort
the. applicant
office of thr
Clerk C
Restrictions i
by. the Tmvn,
a. The
Restrictions
and conditic
Board and
deem necess
the dwelling
transferred
affordable it
shall be leas
eligible indi
with the Tt
Housing Re
and/or lease c
that has beet
the leans fern
LEGAL NOTICE
NOTICE OF ADOPTION
NOTICE IS HEREBY
c e~ ~:~ from sales o~]evelcpmcnt
Ibr ............ ! week(s) , [ successively.
...If~..L[.i L I..:~. .. 2005.
........ ~...:...J..L.::..: ...................
Swc~n to before lne this. L'.L .day o£
Ii, iLiL.~ ......... 2005.
Illspector topreixare aa of O¢~a~ ing, theTown~oardP~nybyr~s-
cch,fy tghe use in thc zonc pm Flow C ed Certiflcat¢~ whicr~
A. An applicant musl obtain administered tkrough thc Town
recelvlng a Buildin Permit. 59 (A~/]~). and Ihe sale an~:~/gm-n
enccd in §87-8 D.
~°own BoaM shall ~old a public
by law.
N E''A *. ORK STATE DEPARTMEN F OF STATE
Local Law Filing 4,
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not t_lSe
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 2 of 2005
A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the
Town of Southold
SECTION 1. CODE AMENDMENT.
The Toxxn Board hereby creates a new Chapter 87 of the Toxxn Code of the Town of Southold as follows
Chapter 87- Transfer of Development Rights
¢87-1 Purpose and Intent
As set forth m numerous comprehensi*, e plamfing documents, the Toxx n's goals include the preservation of
open space, agricuhural lands and recreational landscapes; preservation of the rnraL cultural, and historic
character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of
further deterioration of resources; preservation and promotion of a broad range of housing and business
opportunities to support a socio-economically diverse COlmnunity; and increased transpolxation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of Sanitary Flow
Credits, and thereby transfer development potential fi'om areas designated for preservation to areas designated
as lnore appropriate for higher density residential development.
Unless expressly permitted herein, lhe transfer of development potential may not occur in the Town of
Southold.
§87-2 Definitions.
Development Rights- the rights pemfitted to a lot, parcel, or area of land under a zoning ordinance or local law
respecting pemfissible use, area, density, bulk. or height of improvements executed thereon. Development rights
may be calcalated and allocated in accordance with such factors as area, floor area, floor area ratios, density,
height limitations or any other criteria that tx ill effectively quantify a value for the de*. elopment fight in a
reasonable and uniform manner that will carry out the objectives of this section. A development fight mchtdes
but is not limited to a sanitary' ilo:*.' credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow Credit is
eqnivalent to a right to develop a single i'amily residential parcel with an individual on-site sewerage system, or
(If additional space is needed, attach pages the same size as this sheet, and number each.}
r)o$-23.dle~ II mil ( 1 )
its non-residential waste water flox~"'~quivalent. See Suffolk County SanitaD."?ode §760-605. (Other approvals
will be required prior to development, including compliance witb the Towu zoning code.)
Sending District one or more designated districts or areas of land from which development rights are
designated tbr transfer and use in one or more receiving districts.
Receiving District ---one or more desi~maated districts or areas of land to which development rights generated
from one or more sendiug districts may be transferred and in which increased development is pemfitted to occur
by reason of such transfer.
Transfer of Dexelopment Rights- the process by which development rights are transferred from one lot, parcel,
or area of land in an3, sending district to another lot, parcel, or area of land in one or more receiving districts.
§87-3. Development Rights Bank
The Tow n hereby establishes a Transferred Development Rights Bank I TDR Bank) in xx hich development
rights may be received, retained and sold by the Town Board in the best interests of the Tow~. All development
rights transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of
tbis Chapter. All receipts and proceeds from sales of development rights sold from the Toxin bank shall be
deposited into a special municipal account known as the Community Preservation Fund, to be used in a manner
specified in Chapter 6 of the Town (?ode.
A. The only development right that may be transferred into and out of the TDR Bank is a sanitary flow credit.
B. The lands fi'om wbich development rights to be transfen'ed into tile bauk were acquired shall remain
preserved in perpetuity by a pemmnent conservation easement or other instrument that similarly preserves
community character as defined and set forth in the definition of"community preservation" in Chapter 6 of
the Town Code. The easement or other docmneut shall be in a form approved by the Town Attorney.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits fronl preserved land in the
TDR Bank. and later sell tbose credits tYr use exclusively in connection with affbrdable housing. The sale price
of the credits shall be detemfined by resolution of the Town Board, and shall consider such factors as the
appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of
Salfitary Flow Credits pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be an5' zoning district in the Town of Southold that is not defined as a
Receiving District.
2. The receiving district shall be any lands designated Business (B), Hamlet Business (HB I, Residential
Office (RO), or land designated as Affordable Housing District (,-MID) after March 1, 2005
B. Designation o f Developlnent Rights
1. A development right for the purposes of this cbapter shall be limited to a sanitary flox~ credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
A. Upon receipt ora contract (executed by the seller) for the Town's acquisition of a parcel of property or the
2
development rights thereon, ani~lSrior to the public hearing on the purch~, the Land Preservation
Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to
sarvey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms.
B. Following tile closing on the parcel, sanitary flow credits shall be placed into the Town TDR Bank by
resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and tile
soorce of the credits. Tile Town Clerk shall maintain a log detailing the credits transferred into the bank, as
provided by tile Land Preservation Coordinator in a forn~ approved by the Town Board.
C. Tile Town Clerk shall Ibt-~vard the resolution to the Tax Assessors Office, the Land Preservation
Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town
database and G[S system.
§87-6 Irreversible Transfer.
No development rights shall be transferred back to the sending parcel once the development rights have been
transferred. No development rights may be transfen'ed out ora parcel which has previously had all of its
development rights extinguished under the Town of Southold. Suffolk County or New York State acquisition of
development rights program or other easement, transfer, restrictive covenant or other,~ ise.
§87-7. Procedure Ibr Transfer of a Development Right fi'om tile TDR Bank to a Receix lng District.
Upon application of the owner of an individual parcel itl a Receiving District, tile Town Board may pemfit the
transfer ora development right to such parcel by proceeding in the manner set forth below:
A. Notice to adjacent property owners shall be given by the applicant itl tile same manner as set forth in Section
100-292 relating to change of zone applications.
B. The Toxxo Board, befbre publishing notice for a public hearing, shall comply with all State F. ovironmental
Quality Review Act (SEQRA) requirelnents and costs associated with review shall be paid by the applicant.
C. The Toxxn Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town
Plamfing Board and the Building Inspector to prepare an official report regarding the proposed transfer,
including the Planning Board recommendations. The Building Inspector report shall certify the use in the
zone proposed and COlnment on the proposed project. The Planning Board repot[ and recommendations
shall consider the factors set fbrth in §87-7 E below.
D. The To~,,n Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing
on the proposed transfer and cause at least ten 110) days notice of such hearing to be published in the official
newspaper.
Betbre tile transfer of development rights may be authorized to any Receiving District, the Town Board
shall determine, after evaluating the affects of potential increased development which is possible under the
transfer of development rights provisions, that the district contains adequate resources, environmental
quality and public facilities, including adequate transportation, water supply, waste disposal and fire
protection, aod that there will be no significant environmentally damaging consequences, and that such
increased developnmnt is COlnpatible with comprehensive planning and the development othem'ise
permitted by the Town and by the federal, state and county agencies having jurisdiction to approve
penmssible developnlent xxithin the district.
F. Where a transfer of development rights affects districts in two or more school, special assessment, or tax
3
districts, it nlay not unreasonab .~transfer the tax burden between the ta?,~yers of such districts.
G. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow
credits. The resolution shall state that the applicant shall receive a Sanitary Flow Credit Certificate, which
shall not be signed by the Supelx'isor and released by tile Town Clerk to tl~e applicant until the Covenants
and Restrictions as set forth at §87-9 have been filed and such filing has been approved by the Town
Attorney.
§87-8. Sanitary Floxx Credit Cel~tificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building Department prior to
receiving a Building Permit.
B. Tile Sanitary Floxx Credit Certificate shall state the specific use for the transfe~Ted credit and may be used
only tbr construction of the project listed on the Certificate.
C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that bare been issned by
the Town Board, and such log shall contain the source and location of the transfen-ed credit.
D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to the Town
Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and Ibc
Planning Department.
~87-9. Covenants and Restrictions
the procedures set lbrth in this Chapter, the applicant shall file in the office of the Suffolk County Clerk
Covenants and Restrictions in a lbnn approved by the Town Attorney.
a. Tile Covenants and Restrictions shall contain terms and conditions as the Town Board and the
Planning Board deem necessary to insure that the dwelling unit created by the transferred credit
remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered
with tile Town of Soutbold Housing Registry. The sale and/or lease of the dwelling unit that has
been constructed with the transferred credit shall be administered through the Town of Southold
pursuant to the provisions of Chapter 98 {Housing Registry) and §§ 100-50 tbrougl~ 59 (zM-iD), and
thc sale and'or lease price shall be set by resolution of the Town Board.
B. A cop.,,' of the filed Covenants and Restrictions must be filed with the Town Clerk within thirty(30) days of
the approving resolution. No Sanitary Flow Credit Certificate shall issue until the Covenants and
Restrictions have been filed and such filing has been approved by tile Town Attorney.
C. [he Town Clerk shall forward the Covenants and Restrictions to the Town Attorney, Tax .Assessors Office,
the Land Preservation Department, the Special Projects Coordinator and the Planning Department for
inclusion into the Town database.
§87.-10 Revocation
Failure to comply with any of the requirements set forth in tbis section may result in revocation of the
transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a
public hearing, afier ten (I0) days ~ ritten notice of the hearing by personal service or certified mail bas been
gix cn to the property owner.
4
§87-11. Expiration
Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be
returned to the bank one 3'ear after transfer if the dwelling milt has not been issued a Certificate of Occupancy,
unless an extension of time has been requested by the property owner and granted by the Town Board. A
request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit
sba[I be returned to the bank by resolution of the Town Board. and notice thereof shall be given by the Town
Clerk to those town departments referenced in §87-8 D.
§ 87-12. Retnrn of Credit
In the B, HB or RO zoning districts, a property owner may apply to the Town Board to retnrn the transferred
sanitary flow credit to the bank and extinguish the affordable housing Covenants and Restrictions applicable to
the property. The Town Board shall hold a public hearing on the application, and notice shall be given in
accordance with Chapter 58. A sanitary flow credit shall be returned to the bank by resolution of the Town
Board, and notice thereof shall be given by the Town Clerk to those town departments referenced in §87-8 D.
SECTION II. - SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent
jurisdiction to be in~ alid. sucb judgment shall not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section or part thereof directly im olved in the
controversy in which such judgment shall have been rendered.
Section III EFFECTIVE DATE.
This m~.icle shall take effect immediately npon filing with the Secretary of State as provided by law.
5
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 05 of the
~?a::::U' 7, Cit~(Town) 0.'i!!:.g.: ) of SOUTHOLD ~ as dui.'.' passed by the
TOWN BOARD on March 1 ~ 20 05 , in accordance with the applicable provisions of lax,.'.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
[ hereby certil:v that the local law annexed hereto, desukmated as local law No. of 20__
of the I County)( C~ty)(Town)(Village ) of x~ as dui3' passed by the
on 20 __. and was (approved)inot approved){ repassed after
disapproval) by the and was deemed dtfly adopted on 21)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify' that the local law annexed hereto, desigmated as local law No. of 20__
of the (Count)')(Cits')(Tox~n)(Village) of ~as dui3' passed by the
on 20 , and ~xas (approvedl{not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ora (mandatoo'}(pemfissive) referendum, aod received the affirmative vote ota majority of
the qualified electors ~oting thereon at the (general)(special)(annual) election held on 20 . in
accordance with the applicable provisions of la~.
4. (Subject to permissive referendum and final adoption because no valid petition was filed reqoesting
referendum.)
[ hereby certify that the local la~ annexed hereto, designated as local law No. of 20 of the
(County)(Cit))lTo~x n)(Village) of ~xas duly passed by the
on 20 , and was {approvedl(not approxed) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum x~as filed as of 20 . in
accordance x~ ith the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executix e officer of a count)' elected on a count)'- xx ide
basis or, If there be none, the chairperson of the county legislatixe body. the mayor ora city or tillage, or the supervisor of
a town where such officer ts vested with the power to approve or veto local law s or ordinances.
5. (City local law concerning Charter revisiou proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the ('it).' of having been submitted to referendum pursuant to rte provisions of
section (36)(371 of the Municipal Home Rule Law. and having received the affimmtive vote ora majority of the qualified
electors of such ciD' voting thereon at the (special)(general) electiou held on 20 __
becante operatix e.
6. (County local lass concerning adoption of Charter.}
[ hereby certily that the local law annexed hereto, designated as local [axs No of 20
of the County of State of New York. hav~ng been subnmted to the electors
at the General Election of November 20 . pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Lass', and having received the affinmtive vote of a majority of the qualified electors of the citie= of
said coutW as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at smd
general election, became operative.
(If arty other authorized form of final adoption has been followed, please provide an appropriate certilication.)
I further certify, that [ have compared the precedtng local lass' wifll the original on file m this office and that the same is a
correct transcript therefrom and of the whole of such original local law. and was finally adopted in the manner indicated
in para~aph I . above.
('lerk o'~he C:o~t5 legislau~ c bod~'. ('[t;,~['~ or V,llage ('lc,
Elizabeth A. Neville, Town Clerk
(Seal) Date: March 10, 2005
(Certilication to be executed by County Attorney, Corporation Counsel Towo Attorney, Village Attorney or
other authorized attorney of locality.)
]'ATE OF NE\ 'iORK
COUNTY OF SUFFOLK
I, the tmdersi~m~ed, ttereby certi/3' that the foregmng local las',' contains the eon'ecl text and that all proper proceedings
haxe been had or taken tbr the enactment of the local law ann0tOed hereto.
Patricia A. Finnegafl'cE--si~Tow~Attorney
Title
City
Town of
SOUTHOLD
Date:
March 10, 2005
LEGAL NOTICE
NOTICE OF ADOPTION
NOTICE IS HEREBY GIVEN THAT there was presented to the Toxin Board of the
Toxin ofSouthold, Sufiblk Couuty, Nex~ York. on the 18th da.,,' of January, 2005 a Local
Law entitled "A Local [,aw in relation to Creation of a Transfer of Development
Rights Chapter 87 of the Code of the Town of Southold".
NOTICE IS HEREBY FURTHER GIVEN that the Towu Board of thc 'Fowu of
Southold held a public hearing on the aforesaid Local Law on Februar.~ 15, 2005 at 8:00
p.m. at which time all interested persous were heard.
NOTICE IS HEREBY GIVEN that the Town Board of the Toxx n of Soulhold herehy
enacts the following Local Law:
LOCAL LAW NO. 2 of 2005
A Local ka~x iu relatiou to Creation of a Transfer of Development Rights Chapter 87
of the (.'ode of the Town of Southold
SECTION 1. CODE AMENDMENT.
The Town Board hereby creates a new Chapter 87 of the Toxxn Code of the To~xu of
Southold as follows
Chapter 8% Transfer of Development Rights
§87- 1 Purpose and Intent
As set fotq. h in numerous comprehensive plamring documents, tile Town's goals include
the presto-cation of open space, agricultural lands and recreational landscapes;
preservation of the rural, cultural, and historic character of the hamlets and surrouuding
countryside; preservation of the natural enviromnent and prevention of t~tt~1hcr
deterioration of resources; preservatiou and promotion of a broad range ot'housiug and
business oppmtunities to support a socio-ecouonrically diverse communit3; and iucreased
transportation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the
transfer of Sanitary Flow Credits, and thereby transfer developmeut potential fi-om arcas
desi~mted for presetwation to areas desiguated as more appropriate for higher density
residential development.
LInless expressly permitted herein, the transfer of developmeut potential may not occur in
the Tow n of Southold.
¢87-2 Definitions.
Dex elopment Rights- the rights permitted to a lot, parcel, or area of land under a zoning
ordinance or local law respecting permissible use, area, density, bulk, or heigbt of
improvements executed thereon. Development rights may be calculated and allocated in
accordance with such factors as area, floor area, floor area ratios, density, height
limitations or any other criteria that will effectively quantity.' a value for the development
right itl a reasonable and uniform maturer that will carry out the objectives of this section.
A development right includes but is not limited to a sanitary flow credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A
Sanitary Flow Credit is eqaivalent to a right to develop a single t:amib residential parcel
witb an individual on-site sewerage system, or its non-residential x~ aste watcr flow
equivalent. See Suftblk County Sanitary Codc ~760-005. (Other approvals xxill be
required prior to development, including compliance with the Town zoning code3
Sending District- one or more designated districts or areas of land from ~x hicb
de,.elopment rights are designated for transfer and use itl one or nrore rece~ ring districts.
Receiving District ---one or more designated districts or areas of land to x~ hich
development rights generated fi'om one or more sending districts may be transt'etTed and
itl which increased development is permitted to occur by reason of such transfer.
Trausfer of Development Rights- the process by which developnml~t rights are transferred
fi'om one lot, parcel, or area of land itl any sending district to another lot, parcel, or area
of land in one or more receMng districts.
§87-3. Developrnent Rights Bank
Tbe Town hereby establishes a Transferred Development Rights Bank (TDR Bank) in
which development rights nra.,,' be received, retained and sold by tile Town Board itl the
best interests of the Town. All development tights transferred into the bank must first be
accepted by Town Board resolution in accordance with the terms of this Chapter. All
receipts and proceeds from sales of development rights sold fi'om the Tox~ n bank shall be
deposited into a special municipal account ~own as the Community Prese~'ation Fund,
to be used in a maturer specified in Chapter 6 of the Town Code.
A. The only development right that may be transferred into and out of the TDR Bank is a
samtary flow credit.
B. The lands from which development rights to be transferred into the bank were
acquired shall remain preserved in perpetuity by a permanent consetx'ation easement
or other instrurner*t that similarly preserves community character as defined and set
tbrth in the definition o f"community presetx:ation" iu Chapter 6 of the To~ u Code.
The easement or other document shall be in a form apl)roved by the To~x n Attorney.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer x~ill allow the Town to bank sanitary flow credits fi'om
preserved land in tile TDR Bank, and later sell those credits for use cxclusivcly in
connection with affordable housing. The sale price of the credits shall be determined by
resolutio~r of the Town Board, and shall consider such factors as the appraised value of
the sanitary floxx credit and the public benefit provided to the community. All transfers of
Sanitary Flow Credits pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receixing Districts
1. Tile sending district shall be any zoning district in the Town of Southold that is
not defined as a Receiving District.
2. Tile receiving district shall be any lands designated Business ~B), llamlet
Business ~HB). Residential Office (RO), or land designated as Affordable
Housing District (AHD) after March l, 2005.
B. Designation of Development Rigbts
1. A development right ~br the proposes of this chapter shall be limited to a sanitary
flow credit.
§87-5 Detemfination of Sanitary Flow Credit to be Deposited into the TDR Bank
Upon receipt of a contract (executed by the seller) for the Town's acqtfisition of a
parcel of property or the development rights thereon, and prior to the public heating
on the purchase, the Land Preservation Coordinator shall provide to the Toxx n Board
a calculation of the sanitary flow credits available, subject to Snl-,'ey. for transfer t¥om
the parcel of property upon the closing of the contract in accordance with its terms.
Following the closing on the parcel, sanitary flow credits shall be placed into the
Town TDR Bank by resolution of the Town Board, which resolution shall set forth
the number of sanitary flow credits and the som'ce of the credits. The Town Clerk
shall maintain a log detailing the credits trans['erred into the bank, as provided by tile
I_and Preservation Coordinator in a [brm approved by tbe Tox~ n Board.
The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land
Preservation Department, the Special Projects Coordinator and the Planning
Department for inclusion into the Town database and GIS system.
§87-6 Irreversible Transfer.
No development rights shall be transfen-ed back to the sending parcel once. the
development rights have been transferred. No development rights may be transfetTed out
ora parcel which has previously bad all of its development rights extinguished under the
Town of Southold, Snffnlk County or New York State acquisition of dex elopment rights
program or other easement, transfer, restrictive covenant or otherwise.
§87-7. Procedure for Transfer of a Development Right fi-om the TDR Bank to a
ReceMng District.
Upon application of the owner of ali individual parcel in a Receiving District, the Town
Board may pet'mit tbe transfer ora development right to such parcel by proceeding in the
mmmer set forth below:
A. Notice to adjacent property owners shall be given by the applicant in the same
rammer as set [brth in Section 100-292 relating to change of zone applications.
The Town Board, betbre publishing notice tbr a public hearing, shall comply xx itb all
State Environmental Quality Review Act (SEQRA} requirements and costs associated
x~ ith review shall be paid by the applicant.
The Town Board, before publishing notice tbr a public hearing, shall, in a xx ritten
request, instruct the Town Planning Board and the Building Inspector to prepare an
official report regarding the proposed transfer, including the Planning Board
recommendations. The Building Inspector report shall certi~, the use in the zone
proposed and comment on the proposed project. The Planning Board report and
recommendations shall consider the factors set tbrth in §87-7 E belox~.
The Town Board, by resolution adopted at a stated meeting, shall fix tile time and
place ora public hearing on the proposed transfer and cause at least ten (10) days
notice of such hearing to be published in the official ne~x spaper.
Before the transfer of development fights may be authorized to any Receiving
District, the Town Board shall detemfine, after evaluating the affects of potential
increased development which is possible under the transfer of development rights
pro~ isions, that the district contains adequate resources, environmental qnality and
public t:acilities, including adequate transportation, water supply, waste disposal and
fire protection, and that there will be no significant envirotm~entally damaging
consequences, and that such increased development is compatible with
comprehensive plalming and the development other, vise permitted by the Tow n and
by the federal, state and counly agencies having jurisdiction to approve permissible
development within the district.
Where a transfer of development rights affects districts in txx o or more school, special
assessment, or tax districts, it may not unreasonably transfer the tax burden between
the taxpayers of such districts.
G. Following the public hearing, the Town Board may by resolution authorize the
transfer of sanitary flow credits. The resolution shall state that the applicant shall
receive a Sanitary Flow Credit Certificate, which shall not be signed b/the
Supervisor and released by the Town Clerk to the applicant nntil the Cox chants and
Restrictions as set forth at §87-9 bax e been filed and such filing has beet] approved by
the Town Attorney.
§87-8. Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the
Building Depamnent prior to receiving a Building Pemfit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transl'erred
credit and may be used only for construction of the project listed on the Certificate.
The Town Clerk shall maintain a log detailing the Sanitary Floxx Credit Certificates
that have been issued by the Town Board, and such log shall contain the source and
location of the transfelred credit.
The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit
Certificate to the Town Attorney, Tax Assessors Office, the Land Preservation
Depamnent, the Special Projects Coordinator and the Plam~ing Department.
¢87-9. Covenants and Restrictions
A. Following the Town Board resolution granting a transfer ora Saifitary Flow Credit to
a recipient pursuant to the procedures set forth in this Chapter, the applicant shall file
in the office of the Suffolk County Clerk Covenants and Restrictions in a tbrm
approved by the To~x n Attorney.
a. The Covenants and Restrictions shall contain temps and conditions as the
Town Board and the Planning Board deem necessary to insure that the
dwelling unit created by the transferred credit remains affordable in
perpetuity, and shall be leased or sold only to eligible individuals registered
with the Town of Southold Housing Registry. The sale and/or lease of the
dwelling unit that bas been constructed with the transferred credit shall be
administered through the Town of Southold pursuant to the provisions of
Chapter 98 (Housing Registry} and §§100-50 tlu-ough 59 (AHDL anti the salc
and/or lease price shall be set by resolution of the Town Board.
B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk
within thirty(30) days of the approving resolution. No Sanitary Flow Credit
Certificate shall issue until the Covenants and Restrictions trove been filed and such
filing has been approved by the Town Attorney.
C. The Town Clerk shall forward the Cox chants and Restrictions to the Toxx n Attorne3,
Tax Assessors Office, the Land Preservation Department, tine Special Projects
Coordinator and the Plamfing Department tbr inclusion into the Town database.
§87-10 Revocation
Failure to comply with any of the requirements set t'ortb in this section may result in
revocation of the transfetTed sanitary flow credit. A sanitary flow credit may be revoked
by Town Board resolution, following a public hearing, after ten / 10) days written notice
of the hearing by personal service or certified mail has been given to tile property owuer.
§87-11. Expiration
.~y sanitary flow credit transfen-ed to a recipient ibr construction of a dwelling unit shall
expire and be returned to the bank one 3'ear after transfer if the dwelling unit has not been
issued a Certificate of Occupancy, unless an extension of time has been requested by the
property owner and granted by the Town Board. A request for an extension of time shall
be made one month in advance of the expiration. A sanitary flow credit shall be returned
to the bank by resolution of the Town Board, and notice ttnereof shall be given by tile
Fov. rt Clerk to those town departments referenced in §87-8 D.
§87-12. Return of Credit
in the B. HB or RO zoning districts, a property ox~ ncr may apply to thc Town Board to
remm the transferred sanitary flow credit to the bank and extinguish thc afl:brdable
housing Covenants and Restrictions applicable to the property. The Town Board shall
hold a public hearing on the application, and notice shall be given in accordance with
Chapter 58. A sanitary flow credit shall be returned to the bank by resolution of the Town
Board, and notice thereof shall be given by the Town Clerk to those town delnartments
referenced in §87-8 D.
SECTION II. - SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be a4j udged by any
court of competent jurisdiction to be invalid, such judgment shall not alYect, impair or
invalidate the remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the controversy in which
such judgment shall Inave been rendered.
Section Ill - EFFECTIVE DATE.
This article shall take effect immediately upon filing x~ itt the Secretary of State as
provided by law.
Dated: January 18, 2005 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH 1N MARCH 17~ 2005~ AND FORWARD ONE (1) AFl:[DAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TO\VN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Town Board Members
Town Attorney
Land Preservation Dept.
Traveler Watchman
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, Nex~ York being
duly sworn, says that on the [ 0't'q da>.' of ~ ~l~..O._¥'{ ,2005, she amxcd a
notice of which the annexed printed notice is a trtte copy, in a proper and substantial
manuer, in a most public place in the Town of Southold, Suflblk County, Ne~ York. to
xxit: Town Clerk's Bulletin Board, 53095 Main Road, Southold. New York.
Notice of Adoption: TDR
~:~li~ag~th A. Nevil~
$outhold To~ n Clerk
Sworn belbre me this
_l~ayof "l'~t~I~2,.M ,20~05.
N~tal'y Public
ELIZABETH A. NEVILLE
TOWN CLERK
le. EGItqTRAR { ~F VITAL 5qTATISTICS
:%
Town Hall, .5B095 Main Road
P.O. Box 1179
Southold, New York II971
Fax , 6::11 ~ 765-6145
Telcphlme 16311 765-1800
southoldtown nort hfi~rk.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 104 OF 2005
V~'AS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH I, 2005:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 18th day of January, 2005 a Local Law entitled -A Local Law in relation to
Creation of a Transfer of Development Rights Chapter 87 of the Code of the To~n of
Southold", and
'~VHEREAS the Town Board of the Tmxn of Southold held a public hearing on the aforesaid
Local Law on February 15, 2005 at 8:00 pm. at which time all interested persons werc heard,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the followiog Local
Law:
LOCAL LAW NO. 2 of 2005
A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the
Code of the Town of Southold
SECTION 1. CODE AMENDMENT.
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as
follows
Chapter 87- Transfer of Development Rights
§87-1 Purpose and Intent
As set forth in numerous comprehensive planning documents, the Town's goals include the
preservation of open space, agricultural lands and recreational landscapes: preservation of the
rural, cultural, and historic character of the hamlets and SUlTounding countryside; preserx ation of
the nataral enviromnent and prevention of further deterioration of resources; preserx ation and
promotion of a broad range of housing and business opportunities to support a socio-
economically diverse community; and increased transportation efficiency.
To acbieve these goals it is the intent and purpose of this Chapter to provide tbr the transfer of
Sanitary Flow Credits, and thereby transfer development potential fi'om areas designated tbr
preservation to areas designated as more appropriate for higher density residential development.
Unless expressly permitted herein, the transfer of development potential may not occur in the
Tow n of Southold.
§$7-2 Definitions.
Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning
ordinance or local law respecting pemfissible use, area, density, bulk. or height of improx ements
executed thereon. Development rights may be calculated and allocated in accordance with such
factors as area, floor area, floor area ratios, density, height limitations or any other criteria that
will effecti~ el,,,' quantit:v a value for the development right in a reasonable and unitbrm maturer
that xx ill carry out the objectives of this section. A development right includes but is not limited
to a sanitar3 flow credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow
Credit is equivalent to a right to develop a single family residential parcel with an indMdnal on-
site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County
Sanitary Code §760-605. (Other approvals will be required prior to development, including
compliance with the Town zoning code. t
Sending District one or more designated districts or areas of land fi'om which development
righls are designated for transfer and use in one or more receiving districts.
Receiving District ---one or more designated districts or areas of land to which development
rights generated fi'om one or more sending districts may be transferred and in which increased
development is permitted to occur by reason of such transfer.
Transfer of Developlnent Rights- the process by which development rights are transl'erred from
one lot, parcel, or area of land in an;>' sending district to another lot, parcel, or area of land in one
or more receiving districts.
§87-3. Development Rights Bank
The Town hereby establishes a Transferred Development Rights Bank (TDR Bank) in which
development rights may be received, retained and sold by the Town Board in the best ~nterests of
the Town. All development rights transferred into the bank must first be accepted by Town
Board resolution in accordance with the terms of this Chapter. All receipts and proceeds fi-om
sales of development rights sold from the Town bank shall be deposited into a special municipal
account known as the Community Preservation Fund, to be used in a manner specified in
Chapter 6 of the Town Code.
A. The only development right that may be transfen'ed into and out of the TDR Bmtk is a
sanitary flow credit.
B. The lands from wtfich development rights to be transfen'ed into the bank were acquired shall
remain preserved in perpetuity by a permanent conservation easement or other instrument
that silnilarly preser,'es commmfity character as defined and set forth in the definition of
~community preservation" in Chapter 6 of the Town Code. The easement or other document
shall be in a form approved by the Town Attorney.
~87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits fi-om
preserved land in the TDR Bank, and later sell those credits for use exclusively in connection
with affordable housing. The sale price of the credits shall be determined by resolution of the
Town Board, and shall consider such factors as the appraised value of the sanitary flow credit
and the public benefit provided to tbe community. All transfers of Sanitary Flow Credits
pursuant to this chapter must pass tlu'ough the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be any zoning district in the Town of Southold that is not
defined as a ReceMng District.
The receiving district shall be any lands desi~ated Business (B), Hamlet Business (HB),
Residential Office (RO), or land designated as Affordable Housing District (AHD) after
IX{arch 1, 2005.
B. Designation of Development Rights
1. A development right for the purposes of this chapter shall be limited to a sanitar5 flow
credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of
property or the development fights thereon, and prior to the public hearing on the pm'chase,
the Land Preservation Coordinator shall provide to the Tow n Board u calculation of the
sanitary flow credits available, subject to survey, for transfer fi'om the parcel of property
upon the closing of the contract in accordance with its terlns.
B. Following the closing on tbe parcel, sanitary flow credits shall be placed into the -['own TDR
Bank by resolution of the Town Board, which resolution shall set forth the number of
sanitary flow credits and the source of the credits. The Town Clerk sball maintain a log
detailing the credits transferred into the bank, as provided by tile Land Preservation
Coordinator in a fonn approved by the Town Board.
C. The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land
Preservation Department. the Special Projects Coordinator and the Plamfing Department for
inclusion into the Town database and GIS system.
§87-6 h'reversible Transfer.
No development rigbts shall be transferred back to the sending parcel once the development
rights have been transferred. No development rights may be transferred out ora parcel which
has previously had all of its development rights extinguished under the Town of Sonthold,
Suffolk County or New York State acquisition of development rights program or other easement.
transfer, restrictive covenant or othem'ise.
§87-7. Procedure for Transfer of a Development Right from the TDR Bank to a Receiving
District.
/[pon application of the owner of an individual parcel in a Receiving District, the Toxxn Board
may permit tile transfer of a development right to such parcel by proceeding itl the manner set
fortb below:
A. Notice to adjacent property owners shall be given by the applicant in the same mamrcr as set
tbrth in Section 100-292 relating to change of zone applications.
Tile Town Board, before publishing notice for a public hearing, shall COlnply with all State
Enviromnental Quality Review Act (SEQRA) requirements and costs associated x~ itb review
shall be paid by the applicant.
C. The Town Board, betbre publishing notice for a public bearing, shall, itl a written request,
instruct the Town Planning Board and the Building Inspector to prepare an official report
regarding the proposed transfer, including the Planning Board recomlnendations. The
Building Inspector report shall certify the use in the zone proposed and comment on the
proposed project. The Planning Board report and recommendations shall consider tbc t:actors
set fortb in :}87-7 E below.
D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a
public hearing on the proposed transfer and cause at least ten (10) days notice of such heating
to be published itl the official newspaper.
Before the transfer of dex elopment rights may be authorized to any Receiving Dislrict. the
Town Board shall determine, alter evaluating the affects of potential increased dex elopmem
which is possible under the transfer of development rights provisions, that the dismct
contains adequate resources, environmental quality and public facilities, including adequate
transportation, water supply, waste disposal and fire protection, and that tbere will be no
significant enviromnentally damaging consequences, and that such increased development is
compatible with COlnprehensive plalming and the developlnent otherwise pemfitted by tbe
Town and by the federal, state and county agencies having jurisdiction to approve
permissible development within the district.
Where a transfer of development rights affects districts in two or lnore school, special
assessment, or tax districts, it lnay not unreasonably transfer the tax burden between the
taxpayers of such districts.
G. Following the public hearing, the Town Board may by resolution authorize the transfer of
sanitary flox~ credits. The resolution shall state that the applicant shall receive a Sanitary
Flow Credit Certificate, which shall not be signed by the Supe~wisor and released by the
Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 haxe
been filed and such filing has been approved by the Town Attorney.
§87-8. Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building
Departlnent prior to receiving a Building Permit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and
may be used only for construction of the project listed on the Certificate.
C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that bare
been issued by the Town Board, and such log shall contain the source and location of the
transferred credit.
D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to
the Town Attorney, Tax Assessors Office, the Land Preserx ation Department, the Special
Projects Coordinator and the Plmming Deparmrent.
§87-9. Covenants and Restrictions
A. Following the Town Board resolution granting a transfer ora Sanitary Flow Credit to a
recipient pursuant to the procedures set forth in this Chapter, the applicant shall file in the
office of the Suffolk County Clerk Covenants and Restrictions in a tbnn approved by the
Toxin Attorney.
Tbe Covenants and Restrictions shall contain temrs and conditions as the Town Board
and the Planning Board deem necessary to insure that the dwelling unit created by the
transferred credit remains affordable in perpetuity, and shall be leased or sold only to
eligible individuals registered with the Town of Southold Housing Registry. The sale
and/or lease of the dwelling unit that has been constructed with the transferred credit
shall be administered through the Town of Southold pursuant to the provisions or'
Chapter 98 {Housing Registry) and §§ 100-50 through 59 (AHD), and the sale andor
lease price shall be set by resolution of the Town Board.
B. A cop3' of the filed Covenants and Restrictions must be filed with the Town Clerk within
thirty(30) days of the approving resolution. No Sanitary Flow Credit Certificate shall issue
until the Covenants and Restrictions have been filed and such filing has been approved by file
Town Attorney.
C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attorney, Tax
Assessors Office, the Land Preservation Department, the Special Projects Coordinator and
the Planning Department for inclusion into the Town database.
387-10 Revocation
Failure to comply with any of the requirements set forth in this section may result in revocation
of the transfen-ed sanitary flow credit. A sanitary flow credit may be revoked by Town Board
rcsolution, lbllowing a public hearing, after ten (10) days written notice of the hearing by
pcrsonal service or certified mail has been given to the property owner.
387-11. Expiration
Any sanitary flow credit transferred to a recipient for construction of a d~x elling unit shall expire
and be returned to the bank one year after transfer if the dwelling unit has not been issued a
Certificate of Occupancy, unless an extension of time has been requested by the property owner
and granted by the Town Board. A request for an extension of time shall be made one ntonth in
advance of the expiration. A sanitary flow credit shall be returned to the bank by resolation of
tile Town Board, and notice thereof shall be given by the Town Clerk to those town departments
referenced in 387-8 D.
,587-12. Return of Credit
In the B, HB or RO zoning districts, a property owner may apply to the Town Board to return the
transferred sanitary flow credit to tile bank and extinguish the aflbrdable housing Covenants and
Restrictions applicable to the property. Tbe Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bank by resolution of the Town Board, and notice thereof shall be given by tile
Town Clerk to those town departments referenced in §87-8 D.
SECTION II.- SEVERABILIT¥'.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such jud~nent shall not affect, impair or invalidate tile
remainder thereof but shall be confined in its operation to the clause, sentence, para.~q'aph.
section or part thereof directly involved iu the controversy in which such judgment shall have
been rendered.
Section III - EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as provided by
law.
Elizabeth A. Neville
Southold Town Clerk
SOUTIqOLD T¢)'~T,r BOARD
PUBEIC HEARING
February 15. 2005
8:00 P.M.
HEARING ON "A LOCAL LAW IN RELA]YlON TO CREATION OF A IRANSFER OF
DEVELOPMENT RIGHTS CHAPTER 87 OF ['HE CODE OF THE TOWN OF SOUl-HOLD."
Present: Superxisor Joshua Y. Horton
Justice Louisa P. Evans
Councihnan Thontas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Absent: Councilman John M. Romanelli
COt INCILMAN WICKHAM: NOTICE 1S HEREBY GIVEN that there was presented to the Toxin
Board of the Town of Southotd. Suflblk County. New York, on the 18th da3 of January. 2005 a Local
Eaxv entitled "A Local Law in relation to Creation of a Transfer of Development Rights Chapter
87 of the Code of the Town of Southold'L 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 Februao' 15, 2005 at 8:00 p.m. at which time all
interested persons xxill be given an opportunit3 to be heard.
The proposed Local Law entitled reads as follows: "A Local Law in relation to Creation of a
Transfer of De~'elopment Rights Chapter 87 of the (;ode of the Town of Southold"
LOCAL LAW NO. of 2005
:\ Local Law in relation to Creation of a Transfer of De*'elopment Rights Chapter 87 of the Code
of the Town of Southold
BE Il- ENACTED BY THE TOWN BOARD OF lttE TO\VN OF SOUTHOLD AS FOLLOWS:
SECTION 1. CODE AMENDMENT.
The Town Board hereby creates a new Chapter 87 of the Toxin Code of the Town of Southold as
tbllows
Chapter 87- [ransfer of Dex elopment Rights
§87-1 Puq)ose and Intent
As set lbrth in numerous comprehensive planning documents, the Tow n's goals include the
preserx ation of open space, agricultural lands and recreational landscapes: preserx ation of the rural.
cultural, and historic character of the hamlets and snrrounding countryside: preservation of the
natural environment and prevention of fhrther deterioration of resources: preservation and
promotion of a broad range of housing aud business opportunities to support a socio-cconomically
dix erse community: and increased transportation efficiency.
February 15, 2005 '~
Public Hearing Transfier of Development Rights
[o achieve these goals it is the intent and purpose of this Chapter to prox ide for the tlansfer of
Sanitar5 Floxx Credits, and thereby transfer development potential from areas designated fur
prescrx ation to areas designated as more appropriate for higher density residential development.
[ [nless expressly permitted herein, the transfer of development potential may not occur in the
Toxxn of Southold.
§87-2 Definitions.
Development Rights- the rights pernfitted to a lot, parcel or area of land under a ,:oning
ordinance or local laxv respecting permissible use, area. densit3. bnlk. or height of
improvements executed thereon. Development rights may be calculated and allocated in
accordance with such factors as area. floor area. floor area ratios, density, height limitations or
any other criteria that will effectively quantil}' a valne lbr the development right in a reasonable
and uniform manner that will cra'fy out the objectives of this section. A development right
includes but is not limited to a sanitary flow credit.
Sanitary Flox~ Credit- one of the development rights allocated to a lot or parcel. :\ Sanitary
Flow Credit is equivalent to a right to develop a single finnily residential parcel with an
indMdual on-site sewerage systeln, or its non-residential waste water flow equix alent. See
Suflblk County Sanitar5 Code .,5760-605. (Other approvals will be reqnired prior ~o
development, including compliance with the [own zoning code. I
Sending District--one or more designated districts or areas of land l¥om which development
rights are designated tbr transfer and use in one or more recei~ lng districts.
Receivin~ District ---one or more designated districts or areas of land to x~hich dex elopment
rights generated from one or more sending districts may be transferred and in which increased
development is pemfitted to occar by reason of such transfer.
l-ransfer of Development Rights- the process by x~hich development rights are transtTerred from
one lot. parcel, or area of land in any sending district to another lot, parcel, or area of land in
one or more receiving districts.
§87-3. Development Rights Bank
The Toxin hereby establishes a Transferred Development Rights Bank ITDR Bankl in which
development rights ina3 be received, retained and sold by the l'oxxn Board in the best interests of
the Toxin. All receipts and proceeds from sales of development rights sold from the Town bank
shall be deposited into a special municipal account known as the Community Preserx ation Fund, to
be used in a manner specified in Chapter 6 of the Tox~ n Code. All development rights transferred
Jato the bank must first be accepted by Toxin Board resolution in accordance with the terms of this
Chapter.
A. The only development right that may be transferred into and ont of the TDR Bank is a
sanitary flow credit.
B. The lands from which dexelopment rights to be transferred into the bank were acquired
shall remain preserved in perpetuity by a pem~anent conserx ation casement or other
instrument that similarly preserves colnmunity character as defined and set forth in the
definition of"community preserx ation" in Chapter 6 of the Town Code. The easement or
other document shall be in a form approved by the Toxin Attorney.
C. The procedure tbr transferring credits into the bank is set tbrth in this chapter at ¢87-6.
§87-4. Procedure for Transfer ora Development Right fl'om the TDR Bank to a Receiving District.
Upon application of the oxxner of an individual parcel in a Receiving District. the ]7own Board
may pemfit the transfer nfa dexelopment right to such parcel b3 proceeding in the manner set
tbrth below:
February 15. 2005 3
Public }learing fransfer of Development Rights
A. Notice to adjacent propert3 owners shall be given by tile applicant in tile same. manner as
set tbrth itl Section 100-292 relating to change of zone applications.
B. The To;;n Boar& before publishing notice tbra public hearing, shall comply x;ith all State
Enviromnental Quality Re; Jew Act I SEQRA) requirements and costs associated with
reviexx shall be paid by tile applicant.
C. The To;;n Board. belbre publishing notice for a public hearing, shall, in a written request,
instruct the To;;n Phmning Bom'd to prepare an official report regarding the proposed
transfer, including the Planning Board recommendations.
D. I-he Toxxn Board. by resolution adopted at a stated lneeting, shall fix the tilne and place of a
public hearing oil the proposed transtar and cause at least ten (101 days notice of such
hearing to be published in tile official newspaper.
E. Betbre tile transt;er of development rights nmy be authorized to any ReceMng District. the
l-own Board shall determine, after ex aluating tile affects of potential increased development
x;hich is possible under the transfer of development rights provisions, that the district
contains adequate resources, environmental qualit3 and public thcilities, including adequate
transportation, water supply, waste disposal and fire protection, and that there ;;'ill be no
significant environnlentally damaging consequences, and that such increased development
is compatible x~ ith comprehensive planning and tile development otherwise pemfitted by
the Town and b3 the federal, state and count5 agencies ha; lng jurisdiction to appro'~e
pernfissible development xx ithin the district.
F. Where a transl;er ot'de;elopment rights aflk:cts districts in two or more school, special
assessment, or tax districts, it may not unreasonably transfer the tax burden bemeen the
taxpa3 ers of such districts.
§87-5 In'eversible Trnnsfer.
No development rights shall be transferred back to the sending parcel once the development rights
hnve been transferred. No development rights may be transferred out ora parcel which hns
previously had all of its development rights extinguished under the To;; n of Southold, Sufiblk
Count3 o1' New York State acquisiton ofde;elopment rights prograln or other easement, transfer.
restrictive covenant or other;,,ise.
~87-6 Sanitary Flox; Credit Transfer
Fhe Sanitar3 Flow Credit transl?er x~ ill allox; the Town to bank sanitary flow credits from
preserved land in the TDR Bank, and later sell those credits to private developers tbr use
exclusively in cmmection ;; ith affordable housing. All transt;ers of Sanitary Flow Credits pursuant
to this chapter must pass thrnugh the TDR bank.
A. l)esignation of Sending and ReceMng Districts
I. The sending district shall be an.',' land ;;ithin the Town of Southold that is not defined as
a Receiving District.
2. The receix lng district shall be an) lands designated P, usiness {Bt, Hamlet Business
t IIB I, Residential Office (RO), or Aflbrdable }lousing District (AHD).
B. Designation o f Development Rights
1. A de; elopment right for the purposes of this section (87-6} shall be limited to a sanitm'y
ilo;; credit.
C. Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
l. Upon receipt of a contract (executed b.~ tile seller} for the Town's acquisition ora parcel
of property or the dex elopment rights thereon, and prior to the public hearing on the
purchase, the foxxn Board shall request that the Land Preservation Coordinator provide
FebruaD 15. 2005 4
Public Hearing Transfer of Development Rights
a calculation of the sanitary flow credits available, subject to surve3, tbr uansfer fronl
tile parcel of property upon tile closing of the contract itl accordance with its terms.
2. Folloxxing the closing on the parcel, sanitary firm credits shall be placed into the Town
TDR Bar. k by resolution of tile Toxxn Board. which resolntion shall set forth tile number
of sanitary flow credits and the sonrce of the credits. The Toxin Clerk shall maintain a
log detailing the credits transferred into tile bank.
3. The Town Clerk shall forx~ard tile resolution to the fax Assessors Office. the [and
Preservation Department, the Special Projects Coordinator and tile Planning Departlnent
for inclusion into the Toxxn database.
D. [ ransfer of Sanital'> Flow Credits to a ReceMng District
Follox~ lng the public hearing, thc fown Board may by resolution attthorize tile transfer of
sanitar3 flow credits. Tile resolution shall state that the applicant shall receive a Sanitary Floxx
Credit Certificate. ~xhich shall not be signed by the Supervisor and released by the Toxin Clerk
to tile applicant until the Covenants and Restrictions as set tbrth at §87-6 F have been tiled and
such filing has been approved by the Town Attorney.
E. SauitaO Flow Credit Certificate.
I. An applicant nmst obtain and present a Sanitar3 [:low Credit Certificate to the Building
Department prior to receix lng a Building Penni[.
2. l-he Sanitary Flow Credit Certificate shall state the specific use tbr the transferred credit
and ma3 be used only for construction of the pro ect listed on tile Certificate.
3. l-he To,an Clerk shall maintain a log detailing tile Sanitary Floe. Credit Certificates that
have been issued by the Town Board. anti such log shall contain the source and location
of tile transferred credit.
F. Covenants and Restrictions
1. Follo~xing the Town Bonrd resolution granting a transfer ora Sanitary Flow Credit to a
recipient pursuant to tile procedures set lc rth mn tins Chapter. the applicant shall tile itl the
office of the Suffolk County Clerk Covenants and Restrictions itl a [btm approved by tile
Town Attorney.
a. The Covenants and Restrictions shall contain terms and conditions ns the
To~x n Board and the Planning Board deem necessary to insure that tile dx~elling
unit created by the transfetTed credit remains affordable in perpetuity, and shall
be leased or sold only to eligible indix iduals registered with the Toxxn of
Sou[hold Housing Registry. The sale and/or lease of the dwelling unit that has
been constructed with the transferred credit shall be administered through the
Town of Southold pursuant to the provisions of Chapter 98 ([-lousing Registry)
and §§100-50 througb 59 (AHD). and tile sale and/or lease price shall be set by
resolution of the Fox~n Board.
2. A copy of the filed Covenants and Restrictions must be filed ~ ith the Toxx n Clerk x~ ithin
thirty(30) days of the approving resolution. No Sanitar3 Floxx Credit Certificate shall issue
t ntil the C ore lants and Restrictions hax e been filed and snch filing has been approved by
the [oxxn Attorne3.
3. The Town Clerk shall forward the Covenm~ts and Restrictions to the Town Attomes, Tax
,Assessors Otllce. the Land Preserx ation Department. the Special Prttjects Coordinator and
the Planning Department lbr inclusion into the Town dalabase.
February 15. 2005 5
Public Hearing--Transfer of Development Rights
G. Revocation
Failure to comply with any of the requirements set forth in this section inay result in rex ocation of
the transfen'ed sanitary flow credit. A sanitm'.~ flow credit may be revoked by Town Board
resolution, tbllowing a public hearing, after ten I10) da.~s xxritten notice of the hearing by personal
service or certified mail has been given to the property oxx ncr.
H. Expiration
An5' sanitary flo~x credit transferred to a recipient for construction ora dwelling unit shall expire
and be returned to the bank one 3ear after transfer if the dwelling unit has not been issued a
Certificate of Occupancy, unless an extension of time bas been requested by the property oxxner
and granted by the Town Board. A request for an extension of time shall be made one month in
advance of the expiration. A sanitar3 flo~v credit shall be returned to the bank by resolation of the
l-o~ n Board.
I. Return of Credit
In the B. HB or RO zoning districts, a property owner nmy apply to the To~n Board Io return the
transferred sanitary flow credit to the bank and extinguish the aflbrdable housing Covenants and
Restrictions applicable to the property. The Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bm~ by resolution of the Town Board.
SECTION Il.- SEVERABILITY.
If au,x clause, sentence, paragraph, section or part of this article shall be adjudged by an.,,' court of
competent jurisdiction to be invalid, such judgment shall not affect, impair or im alidate the remainder
thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
Section III - EFFECTIVE DATE.
This article shall take effect immediately upon filing xx itb the Secretary of State as provided by lax~.
COUNCILMAN WICKHAM: This is a rather length.',' local laxx and I would just like to summarize
the gist of it in various paragraphs. It is quite long and I don't M~oxx that it would benefit to read every
word of it but I xxould like to just summarize it. First of all. as a preface, there are two different
mechanisms by which housing in the Town of Southold are regulated. One is through our zoning code
that states explicitl5 how man3 houses or what the zoning density is, like two acre zoning or one acre
zoning or ~vhatever. ]Thc second mechanism is one that is determined and prescribed and administered
by the Suffolk County Department of Heahh Services. This is determined by them: not by the Toxvn
and it is determined based on sewerage or sanitary flow capability. The idea is. ~e can't have too
much nitrogen going into onr aquifer from the septic systems of our indix idual homes, so we have two
different mechanisms. The legislation before us tonight is entirely focused on the sanitary flow side of
the equation, not on the To~xn's zoning code. In order tbr us to put that legislation in place, x~e have to
put iu place a chapter called Transfers of Development Rights and nested within that chapter is the
legislation that is before us tonight. I will begin ~ith the purpose and intent. The pnq>ose and intent
references the various planning docmnents, the purposes of the Toxxn to preserxe open space,
agricultural lands, cultural, historic character, etc. To ac}flex e these goals, it is the intended purpose of
this chapter to provide for the transfer of sanitar5 flow credits, and thereb5 transfer development
potential from areas designated for preservation, to those areas designated as more appropriate tbr
higher density residential development. ]The next section is definitions, and the chapter defines certain
things and [ ~xill proceed to the sanitaD flow credits. Sanitar>. flow credits are one of the development
rights allocated to a lot or parcel of propert5. A sanitar.~ flow credit is equivalent ro the right to
February 15.21)05 6
Public t[earing--Transfer of Development Rights
develop one single t:alnilx residential parcel with an individual on-site sewerage system or a non-
residential waste water flox`, equivalent. All of this is pursuant to Suflblk Countx Sanitar3 Code,
section 760-605. Sending district is one or more designated districts of land within the Town from
which development rights nmy be transferred, ma3 be designated lbr transfer and use ia one or more
receiving districts. And the receMng district is defined as one or more designated districts m' areas of
land to which development rights generated from tile sending districts m% be transferred and in which
increased development is permitted to occur b3 reason of snch transfer. Development rights bank is
Section 83-3. the Toxin hereby establishes a transtier of developments right bank. a FDR bank. itl
which development rights may be received, retained and sold b5 tire [own Board itl the best interests
of the To`.~n. All receipts and proceeds from sales of dex elopment rights sold from the bank shall be
deposited into a special municipal acconnt knoxx n as Tire Community Preserx ation Fund, to be used in
a manner specified in Chapter 6 of tile Town Code. And I might mention all of those, the Conmmnity
Preservation Fnnd has been used to preserve land by acquiring development rights to r'armland or to
buy open space. All development rights transferred into the bank first must be accepted b5 Town
Board resolution, in accordance xxith the terms of this chapter. And tile tenns are, A. ~[he only
dex'elopment right that ma3 be transt~erred into and out of the TDR bank is a sanitary flow credit. B.
I'he lands from which developlnent rights to be transferred into tile bank x`.ere acqnired shall remain
preserved in perpetoity b3 a permanent conservation easement or other similar instrument as defined
and set tbrth in chapter 6 of the Town Code. The tblloxxing is section 87-4. `.~hich defines the
procedure tbr transferring de`.elopment rights from the TDR bank to a receiving district. Upon
application of an ox~ner of an indix idual parcel in a receiving district, the ]7own Board may permit the
transfer of a dexclopment right to that parcel b5 proceeding in the following manner: A. Notice to
a4iacent property o`.`.ners }las to be given in the same nmnner as in change of zone applications. B.
The Town Board, before publishing the notice lbr that zone change, tbr this notice, shall compl5 xxith
all SEQRA requirements. C. The Town Board betbre publishing the notice ibr the public hearing,
shall in a written request, instruct the [own Planning Board to prepare an official report regarding this
transfer, including its recommendations. D. ]7he Town Board by resolution adopted at this stating
meeting shall fix a time and a date and a place for the public hearing on this proposed transfer. E.
Belbre the Transfer of Development Rights may bc attthorized to any receiving district, the Toxxn
Board shall determine after evalnating tile effects of potential increased development, which is possible
under that transfer provision, that the district contains adequate resources, environmemal quality and
public thcilities including transportation, water supply, water disposal and fire protection and lhat there
will be ilo significant environmentally damaging consequences..And that such increase development is
compatible with comprehensive planning and the development otherwise perlnitted b3 the Ioxvn and
the tiedcral, state and county agency having .jurisdiction in providing permissible development within
the district. And finally, F. Where a transfer of development rights affiects districts in two or more
school districts, or other assessment districts, it ma5' not unreasonably transfer the tax burden between
the tax payers of those districts. 8%5, irreversible transt;er, no dcx elopment rights shall be transferred
back to a sending parcel once the development rights have been transferred out. no de`. elopment rights
ma3 be transferred ont of a parcel x`.hich has previously had all of its development rights extinguished
under the Town's. the county, or Ne,.;' York State acqaisition development rights program. 87-6,
sanitary llov. credit transfer and this is the heart of the legislatiort betbre us, the sanitar3 flow credit
transfer xx ill allow the 'Fox`. n to bank sanitary flow credits t¥om preserved land into this TDR bank and
later sell those credits to private developers tbr use exclusively in connection with affordable housing.
All transfers of sanitary floxx credits pnrsuant to this chapter must pass through the TDR bank. And
there follows a section on the designation or' sending and receix lng districts ibr this legislation. I `.`.ill
Febraary 15. 2005 7
Public Hearing--Transfer of Development Rights
briefly sa3;. 1. The sending districts, the sending x~here tile transfers will come from: shall be any land
within the l-o~xn of Southold that is not defined as a receiving district and the receiving districts shall
be an',' lands designated bnsiness in the business district or a hamlet business, HB, or residential ottlce,
RO. or an aftbrdable housing district, AHD. It does not include the R-40. the R-80. the AC zone land
in the ['o~vn. Designation of development rights, the dexelopment right tbr tbe purpose of this section
shall be limited to a sanitary flow credit and the determination of sanitary flow credits to be deposited
into this account, bow do x~e determine those credits? Upon receipt of a contract fi)r the Tov, n*s
acquisition of a parcel of a property or the development rights thereon and prior to the public hearing
on the purchase, the Toxxn Board shall request that the Land Preservation Coordinator provide a
calculation of a sanitar5 flo~ credits available to that property subject to surxey [hr transfer from it.
according to this legislation. 2. Following tile closing on the parcel the sanitary floxx credit shall be
placed into the Town TDR bank, by resolution of the Toxin Board. which resolution shall set tbrth the
number of sanitar} flow credits and the source of those credits and the Toxin Clerk shall maintain a log
of these, detailing these credits transferred into tile bank. 3. The Town Clerk shall forward the
resolution to tile Tax Assessors office, the Land Preserx ation Department. Special Prt~jects Coordinator
to the Planning Department for inclusion into the Toxvn database. ]7he transfer now of the sanitary
flow credits to a receix lng district, e, hat is the mechanism fnr transferring these from the bank to the
receiving district'? Following a public hearing, thc logan Board nra3', b5 resolution, authorize the
transfer of sanitary floxv credits. The resolution shall state that the applicant shall receive a sanitary
flox~ credit certificate, xx hich shall not be signed b3 the Super',isor and released by the ]7oxxn Clerk to
the applicant until the covenants nnd restrictions as set fnr later in this legislation ha'~e been filed.
-[hen there is a discussion about what constitutes the certificate and it states how the certificate is
supposed to look and then come the coxenants and restrictions. Follow, lng the Town Board resolution
granting a transfer of sanitary flow credit to a recipient, pursnant to these procedures, tile applicant
shall file in the office of Suftblk County Clerk covenants and restrictions on a tbrm approved by the
]7own Attorney. They shall obtain terms and conditions, as the I own Board and Planning Board deem
necessao to ensure that the dxvelling unit created by this transfer credit remains all'ordable in
perpetnity and shall be leased or sold only to eligible indix iduals registered x~ith the ]own of Sonthold
bousing registry. The sale and or lease of tbe dwelling unit that has been constructed xx ith the transfer
of credits xx ill be administered through the Tox~ n pursuant to the provisions of Chapter 98 and the sale
or lease price shall be set by resolution of the [-ox~n Board in order to keep it aftbrdable. [here is a
t;ew other comments on that anti then the question of rexocation, section G. Failure to comply with any
of the requirements set forth in this section ma3 resuh in rexocation of the transfer of sanitary floxx
credits. Sanitary flow credit may be revoked by fown Board resolution following a public hearing.
alter 10 days written notice. Expiration, any sanitar5 llow credits transferred to a recipient for
construction of a dxxelling unit shall expire and be retunred to the bank one 3'ear alter transfer, if the
dx~elling unit bas not been issued a certificate of occupanc3 at that time. unless an extension of time
has been requested etc. Return of credit, in the BIIB or RO zoning districts, a propert.~ owner may
apply to the fox~n Board to relurn the transfen'ed sanitar3 flow credits to the bank and extinguish the
affordable housing covenants and restrictions applicable to his property il' he x~ishes. And that
snmmnrizes the gist of what this legislation is in front of us nnd I apologize tbr the tilne that it took to
do that. We have a communication from thc Planning Department in front of us. it is dated Febrnary
15~'. the proposed local laxx regarding the Transfer of Development Rigbts. signed by Jerilyn B.
Woodbouse. Chair of the Plmming Board. "Legislation is cratied defines a broad framework within
x, bicb development rights may be transferred x~ithin the town. it permits aver3 limited transfer
program, that of sanitary credits, from open space xxhich has been pemmnently preserved through
February 15, 2005 8
Public tfearing fransfer of Development Rights
To~ n action, to land within specified zoniug districts. The pnrpose of this transfer is to permit tile use
of sanitary flo~ credits from permanently: prcscrved open space to be used to help meet a social need
and to provide a public benefit, namely affordable housing. Tile Planning Board supports the intent
and concept of using sanitary flow credits tbr the purpose of/hcilitating the creation of permanently
affordable housing. Hox~exer, the organization and wordiug of the legislation is somexvbat contusing
and it raises mo questions. It is not clear tbr instance, bow tile program would be admiuistered. Nor
is it clear ho~ the proposed receiving areas ~xill mesh xxith the boundaries of the proposed hamlet
locus areas. ]['he ~ording and organization of the proposed legislation could be clarified to explain
how the administration xxill take place and how the program will be meshed with the proposed halo
zones. Tile Planning Board supports the concept and attempt, but would like clarification of these two
issues noted abme." l have also a letter from Tom Samuels. dated February 15Ih. "Dear Members of
the Board. I am riot able to attend this public meeting in person, therefore I submit this letter.
Legislation is long overdue. [ urge 50tl to adopt the law and moxe fomard with plans to create
bonsing that uur local people can afford. ]7his year you have made important amertdments to tile
housing code that ~ill keep affordable housing afl'nrdable. Thank 5ou/hr recognizing and correcting
this issue. Preserving the character of the community is important and our preservation equation has to
include retaining tile local people who serve this commnnity year-round, day in and da5: out.
Currently, in tile Town of Soathold a house selling tbr $450,000 to $500.000 is considered a steal.
That may be so to the Wall Street executive looking tbr a xxeekend home but simply' is not tile case fnr
the ax erage family earning a combined income of $40.000 to $60,000. If xx e can realizt, a dual benefit
in our open space preservation program that will save many of our environmentalb significant lands
and assist in compbing with Suflblk County Department of Health Services Regulations to achieve
well-planned afibrdable houses tbr our hard-working local residents, xxe will have truly realized the
goal of communit5 preservation. [ know this is not an easy step to take and many people will oppose
these efforts, but for tile sake of Sonthold it is both beautififl and socially diverse. I encourage y'ou to
adopt this much needed law." I have here a notice from the Suffolk Count5 Adnfinistrative
Department of Plauning. "Dear Sit'. Gentlemen: Comments, Please note that the detemlination of yield
from sending parcels shonld be coordinated xxitb the Suffolk Connty Department of Health Serx ices
and secondls, also please tbrward copies of tile DGEIS or other SE. QRA material to this office." What
have xxe got? Tile Town Clerk has tbund other material for ns. This is from tile Town Attorney. xxho
is on out' right here. "To Members of the Toxxn Board, Attached lbr 3our ret ic~v is a SEQtLA report on
a TDR sanitary flow local law that is on tbr public hearing on FebruaD' 15th. Also attached is tile
proposed negative declaration and the resolution adopting tile same. which ~ill be on the agenda."
And attached to this is the full t:'nx ironmental Assessment rural, l am not going to read through that, it
is more than we need Ibr tonight. And what else do I have? We haxe notice that this has appeared in a
local nexxspaper as a legal and it has also appeared on tile Toxin Clerk's bulletin board outside. [
believe that is all.
SUPERVISOR HORTON: If [ may'. just xery briefly is. what this is about is Councilman Wickham
just xxent through with the entire legislatiou. This is about and I will tD to put a face on it. iuto some
context and I x~ill take the home that is being restored next door. the Whitakcr House. Currently, our
zoning, the HB-ltamlet business zone. our zoning business pennits that that [louse may bare
apartments, I believe up to three apartments, provided at no more than 60 percent or' that house be
comerted to residential use. 60 percent has to remain commercial but essentially that home right next
door. under our Town laxxs, can have up to three apartnlents. The Suflblk County Department of
Health regulations, as they pertain to Southold Toxxn. won't allow because of the sizt. of that parcel
I:ebruary 15, 2005 9
Public [[earing--l'rausfer of Development Rights
and the size of most of the parcels that are itl the hatnlet business and business and RO zones, Suflt lk
County Department of Health regulations make creating an apartment xirtually impossible in most
circumstances in the Town. What this legislation will enable, this legislation is not a flfll blo~xn TDR
program that will be taking dexelopment rights off of farmland and moving them into olher areas of
To~n, this is not that. This is retaining sanitar3 flow credits fi'om benign open space, not fimnland, but
benign open space. ~xhich is defined by tile Health Department as non-agricaharal lands. Retaining tile
sanitary flow credits off of those open space properties that the Toxin preserves, through the CPF. the
Communit3 Preservation Fund, retaining those sanitary flow credits and upon application, let's say the
Whitaker House or the house next door wanted to have an apartment and the Health Department said
no, yon can't have an apartment because you are ill a conunercial district and you exceed 3'our i-low
requirements, a sanitary flo',~ credit that is in our bank can be applied to that property essentialls, to
achieve the benefit of having apm'tments. Now. in doing so. if we appl3 that sanitary flow credit, ~xith
it comes the requirement that the apartment also be offered as affordable per various guidelines. So
that I think pnts a face on what this legislation x~ould help accomplish. The other thing this legislation
would help accomplish, lbr the AHD zone, the aftbrdable honsing district, this would assist, let's sa.',
3ou get an organization like the Communit3 Land Trust of Southold Town or tile North Fork Housing
Alliance. if the.',' oxx ned a piece of property that xxas txx o acres and they xx anted to mo~ e ibm ard x~ ith
an initiative that would proxide housing on those two acres, lot' local people, as per our guidelines,
currently the I[ealth Department regulations are snch that on a two acre parcel, you could on13 get
three or tbur homes on it, which would prohibit, which xxould wipe out an3 affordabilit3. It xxouldn't
allnw, if you had txxo acres, you M~ow, an organization couldn't achiex e six or eight homes, you kno~,
dense enough development on a small parcel that xxould lend itself to aftbrdabilit.~. The sanitar3 tlox~
credits, as recognized by tile Health Department. could help achieve that. It would appb to, or areas
that are eligible would be eligible tbr this. would be in the B. business, hamlet business, residential
office and AHD zones. So it is to, because Southold Toxin lacks public sex, ers, thc Health Department
regulations itt man3 ways supercede our zoning, in many instances supercede our zoning, xxhich make
it ahnost prohibitive, if not x irtually prohibitive to actually achieve any type of aftBrdahle housing, be
it honle ox~nership opportunity or a rental and that is what this is abont. This is not about transferring
dcvcloplnent rights off o l' thrmland into other areas of tile Toxin. That is not the subject of discussion
tonight, lhe subject of discussion, the sanitary flox~ credits to achieve the sole benefit of affordable
housing in file colnmunit3 and those various areas. I tried to give a brief synopsis, in layman's temis if
I could, and now I open the floor to the public to address tile Board on this legislation. Yes, Ms.
Schroeder.
GWYNNE SCHROEDER: Hi. Gx%x, nne Schroeder, North Fork Environmental Council and I am
going to offer comments both as representative of the NFEC and as a taxpaying citizen. And [ want to
say that the Health Department has standards to protect our drinking xxater and that is important. Just
to be clear. The Town is seeking to create the sanitary flow bank to facilitate affordable housing and
~e think that is a noble and worthy goal. However. North Fork Environmental Council has serious
concerns about tile creation of this program withont the l-oxx n committing to preserx ation and density
reduction goals. There are too many questions left unanswcred as to the impacts these proposals will
have on the environment, residential density and existing property ox~ners. For exalnple, nobody in
town can tell us hoxx many sanitary flow credits can bc extrapolated through this program. We don't
know. Is it 10, is it 20. is it 1007 The monies that you will use xvill be generated through the
Communit.~ Preserx ation Fund. correct'?
Febrnary 15, 2005 10
Public Hearing Transfer of Developntent Rights
SUPERVISOR HORTON: Tha~ is correct.
MS. SCHROEDER: But we don't know what percentage can be utilized. Can all the open space that
xxe buy in tile Toxxn be utilized in this x~as'? Southold's current zoning in most of our open spaces is R-
80, xxhich allows one house, one yield, per evers' two acres. Because of the Suflblk Count5 Health
Department criteria, they allow one house per acre. without sexxer and xxater. So if we xxere to
preserve the same txxo acres of open space, xxe are extinguishing one house. But if 5on transfer tile
sewer credits off that same two acres, ?u can get txxo or more residential units. So. I am going to
hand in written comments, bnt there was an April 2004 memo to Val Scopaz from Mart5 Trent t¥ont
the Suffolk County Depamnent of Health Services that looked at a specific piece of parcel and how
many sex~er credits you could extrapolate front the parcel. Fhe parcel ~xas 25 acres, a little over 25
acres, there were very complicated mathematical calcalations. The Health Department deemed that 41
sewer credits could be extrapolated from the 25 acres. So you are more than quadrupling potential
density. If you had developed that land, yon would be allowed 10 houses. If you lake the sewer
credits and take them elsewhere, .~ou wonld be alloxxed 41 units. Nox~, that is a heck ora lot. You
know, I think xxhen voters xoted for the CPF fund. not onl3 did they vote to preserve land but the5
voted so they didn't have to worry about the house that would be generated on that land. the taxes and
the school children and the traffic that house would generate. Hax ing said all that, xxe ,';till don't have
all.,,' ansxxers as to just how many. And that is the biggest question. If ~e were to go by the BIne
Ribbon Conm~ission recommendations to preserve 80°i, of our open space, that xxotdd mean x~ e x~ ould
have a goal of preserving 2,400 acres. If Sonthold Town preserved half of that. x~ith tile state and the
counD and everybody else pitching iii, that is about 1200 more acres. \\'c haxe no idea how ninny
server credits you can extrapolate fi'om that 1200 acres. You haven't finished 5our hamlet stndies. I
know m5 Cutchogue Hamlet. xxhat x~e recommended to the Fox;n and x~hat we gol back, xxere
completely different things as tl~r as the halo boundary. It was much, much bigger xxhat the Toxin gaxe
back to us.
SUPERVISOR t[ORI'ON: No. please don't deal with thc I'ox~n because the Town hasn't seen those.
MS. SCHROEDER: Well, the consultant, then. I apologize.
SI, IPERVISOR HOR ION: And if there are discrepancies, they should obviously be addressed.
MS. SCI IROEDER: l-he.v xxill be. at our meeting on the 24t~'. But without these specific answers, like
how many aftbrdable housing districts are >'on proposing'? Nobody knows. Everybody seems to haxe
a different idea of what is appropriate and there are impacts to existing taxpayers. We know there is
about a 23 to 30 percent gap between the cost of new development and what they pay in faxes, so that
burden thin on existing tax pa>'ers. So, .',on know. xxe have been advocating, you guys xxant to adopt
the Local \Vaterfi'ont Rexitalization Plan as >our comprehensive plan and NFEC, either some of us
ha~e met xxith you, we haxe spoken to you, xxe have e-mailed yon about our LWRP patch, which is
really a scl of goals and really ~xhat x~c want > oct to do is set preservation attd densit> goals. And xxc.
5ou know about this. xxe haxe talked about it, we want >ou to institute a monitoring system, so xxhen
you are not meeting >'our goals, you can address it. We are not telling 5ou how to address it. we are
just asking you to address it. And reall5. thes' are quite conserx atixe goals. We are just asking you to
preserve 2.12 acres for ever5 nex~ residential unit created in the Toxxn, xxhether flint unit is an
aflbrdable house or a mansion on the Sound. So. and l have to just reiterate that this legislafion is not
Februar> 15, 2005 I I
Public Hearing~ransfer of Development Rights
specific, you used examples of two acres here and a conple of affordable housing projects here but that
is not what this legislation says. 1The potential of this legislation conld change, because ,xe don't know
how man> credits, could change x~hat Southold looks like and I wonld just ask that yon hold off' on
adopting this legislation until not only the hamlet stud> groups have their recommendations to you but
you actually adopt tile hamlet boundaries so people call understand what you are talking about and bow
many units. And having said all that. il' >ou do have goals, this is a good planning tool. It is good.
Because xxe xxant aftbrdable housing, s~e ssant it to be in certain districts but yon are nol giving ns ally
idea of bow mans', where is it going and so tbrth'? So I ssould just again, ask >on to hold off until those
questions are answered. Thanks.
SUPERVISOR HORTON: Thank >ou. Gss.s nne. Woald anybody else care to address the Board on
Ibis? Yes, Mr. Beltz.
PHILIP BELTZ. SPECIAL PROJECTS COORDINAFOR: Good evening, m> name is Philip Beltz
and [ am tile Special ProJects Coordinator for the 'loxsn and actually I have beeu in m? position lbr a
year and my charge is to help the Town find affordable housing opportunities. First, and thank you
Gss>nne lbr your comments. I s~ould like to say that I think it is very important thai we don't use
terminology like open space and affordable housing as if they are mutually exclnsixe concepts. [ like
to think that we are all working tosxards the same thing, preserxation and affordable housing. One
thing l learned sery quickly in my job was that all my predecessors said that. and that is the ssork
gronps and the smd> groups and ail tile information that [ bare read, is the necessity to promote
density. And this is density in areas where it is appropriate. And what became very clear is that ssith
the land prices rising exery month along ssith the housing prices, it became more and more difficult to
achiese that xsithout the concept of density. And so, I would just like to sa> that I thiuk that the
legislation sshich is about the transfer of sanitary floss' credits, that it is xer> balanced, that it does
present the preservation of open space, along with the aflbrdabi[it> component of housing. Lastly..iust
from ssherc I sit becanse [ feel like xse has e made a lot of acconlp[ishments the first year, I actually see
that the adoption of the sanitar> floss credit legislation as being tbe last de,,il in the details, to then get
moving forward and actnall> creating housing. Thank >ou.
SUPERVISOR HORTON: Thaf~ you. Mr. Beltz. Ms. Rise.
ANDREA RIVE: M> name is Andrea Rive, I live in New Suffolk and I am here on behalf of the
Communit> Land l'rust. We are asking the Tossn Board to please pass this legislation and I s~ould like
to point out that s~hile farmers ssho want to farm have supports in place, they can sell their
development rights and people who want to preserve land already have the ('omnmnit.,, Land Trust in
place to accomplish tbeir goals, you Fossn Board members are the onl> voice that tile residents of this
To~sn, tile Kqmilies of this Tosxn. people ssho base been here for generations xstlo see their families
moving to North Carolina. South Carolina, Canada, yon are the only people who can create affordable
housing and keep the families here. And I ask you to look at this legislation with balance and fairness
bnt be a x oice Ibr tile people that don't have any other s oice and any other funding.
SUPERVISOR HOR]7ON: Thank .~ou. Mr. Seigmann.
ED SIEGMANN: My uame is Ed Siegmann and you know that I have been representing seniors nmv
tbr thc last 20 >'ears. b.~ the East End Senior Citizen Council. We have sat by floss, at least [ have sat
Febrnary 15, 2005 12
Public Hearing--Transfer of Development Rights
by now and watched for 20 years, seniors being forced to move out of here, due to th(. fact that they
can no longer af'.brd to li'.e here. And it is getting `,`,orse and worse all the time. as you know as `,`,'ell
as I do, `,`,ith the cost going up and there are two types of seniors that need help out here. One is the
tspe that cannot afford to live here unless they have affordable housing, lhe other senior is the tspe
that can afford to bare a small house built tbr tbem out here. You ha`.e man5 seniors, that since they
are living longer lives now, that get to the point that they cannot take care of one acre and two acres
an.x morc. l'hc cost to them is st> high Ibr ansxbiug tbat b as to be done tbr them, you kno`,~, when [ was
a 5onugster, [ used to see, we used to go around and sho`.el sno`,`, and do lawns and that tbr a few
bucks. I'oda> you can't find a kid out here anymore that `,`,'ill do a la`,`,n or do snow sho'~eling for 5ou,
you bare got to pay tbrougb the nose to get all of that stuffdone. And these are the things that seniors.
as the> get older and they are on fixed incomes, they cannot al;Ibrd to pay for these things. So `,ve are
asking the 'Fo`.`.n to include the t'ollo`,`.ing. Not only tbe affordable house that you are talking about
that somcbody needs, `,`, here the state or the federal government is helping pa5' for their home, there are
seniors that are `,`,illing to pa5' for tbeir o`,`,n homes providing they can have snmller homes built
them. You ha`, e a prqiect do`,`, n here in Riverhead, I don't know Ilo`,`,' man.~ of ,x ou ha`, e taken a look at
it. `.'.bere 48 separates from 25, on the right hand side, rigbt after you make that turn..`,ou see some
small, one-famil5 houses that `,`.ere bnilt do`.`,n there. That is tbe thing that I am talking about, that
need houses like tbat around here, instead of these mega-mansions that are being built, that drives up
the cost of tile lo`.`,n, drives up the worht of thc 'lown as lXar as their assessed valuation is concerned
and also drives up `,`.'hen they add all the incomes together of everybody and they add $150.000 income
with $100.000 income with the guy v, ith a $30.000 income and then they average it and say you are
li`,'ing in a `,vealtby neighborhood. That $30,000 incnme is the guy that has to leave. This is the thing
'.`.,e have to put an end to. Tbey talk about studying. I ha`,e been listening to this '[o`,vu study this and
stud.,, that and study everythiug on `.`,hat the> v. ant to do. The time has come to move on these tbings
and stop the studying. There are plenty of places. I '.,,ill take Riverhcad for example. Do any of you
kno`,`, the John Wesley Village': Johu Wesley Village is an example that has beeu there for >'ears.
`,`,:here it is rental housing and I think the uew section that the.,,, built is a section too. I think it is also
rental housing and you can also purchase it. If that hasn't killed Ri`,erhead. then it `.`.on"[ kill Southold.
Yon know a lot of these seniors that I am talking about are the guys that fought in the `,`,ars, World War
ti und the other `,~ars that `,`,e have. don't turn your backs on them and sa5' that you have got to keep
li`,ing here to go down to North Carolina or to Florida. I tbr one don't `.`,'ant to leave here. I have
children that live on Long Island and li`,e close by, such as Ne`,`,' Jersey or place like that, l don't want
to move from here and go do`.`,n to North Carolina, in my last years of lite. I want to be near wbere my
lhmily is that I can appreciate them. And I think the studying shoukl stop and everybody should, there
is a sasing that I don't `,`,ant to use. get off tbe pot. let's pat it that way and do something about it.
Thank you.
SUPERVISOR HOR l ON: Mr. LaRocca.
VINCENT LAROCCA: Vinceut LaRocca from ('utchogue. [ think that `.`,hat `,`,e just heard really
captures the issue of ho`,`, carefnl `,`,c have to be here. And basically, it is goiug to boil down to tile life,
the issue of unintended consequences. Which is, it' `.se lose tile stabilit> of our current propert.$ taxes.
you m'c going to lose affordnble living in this Town for a substantial number of people `,`,'ho cannot
absorb continuing property tax increases. So although everyone agrees that `,`,e want to solve the
problem or want to fix the problem. `,`.'ant to address the problem, we struggle with the issue of this
nuts housing appreciation aud ho`.~ do `.`,e maintain dixersits? :\nd `.`,'hen you are elected to Town Hall
February 15. 2005 13
Public Hearing Transfer of Des elopment Rights
and you want to get in tbere and you want to make a difference, you feel compelled I gotta do
something. But what sxe learn from the histor) of governments and with massixe deficits at every
level of government. 3ou have got to be xery careful of what you do because you ssell make it svorse
and lbrce the xer.~ people we jnst heard about, to leave Long Island because they jnst can't pay tbeir
taxes a%more. Having said that, [ got a couple of clarification questions on the legislation and the
first one is, 87-4 F. which states that the transfer of dexelopment rights districts into school districts
ma3 not unrcasonabb transfer the tax burden bemeen tax payers of such district. What does
unreasonable mean?
SUPERVISOR HOR fON: Tiffs is. 87-4...
MR. LAROCCA: Yes, Josh. it is the third page...
SUPERVISOR HORTON: Right. I am looking right at it. thank you. The process to establish a
sanitary floss' bank is an interesting one. sshen we first endeavored to do so. we thought it was going to
be mucb more straight forssard than it actnally is. And I am actually glad that it is. that this process or
procedure is as it is and not as straighttbrward as I thonght it was going to be. In order for the ]7ossn to
establish a sanitary floss credit program, the state requires that there be the framessork of a ]7DR
program in place, okay? And I am going to keep harping on the difference between a sanitary floss:
credit and the TDR. so the state requires that that framework be in place. The language tbat is
necessary for the TDR fi'amework is much of what you just read. which is why the discussion ora fnll-
blown 1 DR program is going to be a mucb more in depth conversation than many of ns can possibly
even comprehend at this point in time for, you know, if the Town moves fomard to actualb do that.
ssbicb bas been supported in planning studies. 5ou know. Ibr the past 25 3'ears. But it is a vet5 difficult
issue to address. So the question that you ask in regard to that, is, 5ou know. that is necessary langaage
by the state and please correct me ill am ss tong at any point in time.
TOWN AI' [ORNIEY FINNEGAN: '[hat is thc state lasv that you can't unreasonably transfer between
different districts and, 3our question, sshat is unreasonable I think is one that will have to pla.,,' ont over
time. [ think it is up to the Board to lnake it balanced. I don't think they could buy all the credits t¥om
difiierent areas in town and pnt them all in one school district, that is what this sa3s. Can the.', transfer
some betsseen the lines? Yes. But it can't be an unreasonable amount.
MR. LAROCCA: So we don't know what it is'? So we coald shift from scbool district to school
district the nulnber of potential children ....
SUPERVISOR HOR I'ON: No. Essentially, no. and the reason I sa5' no is because the tN:ee out of the
~bur potential zones for sanitaD flow credits, three of the four are largely developed and wonld be
apartments ssithin, yoo know. abose an antiqoc store in downtosxn Sonthold. That can't currently
exist.
MR. I.AR()CCA: Right.
SUPERVISOR [ IORTON: And that is essentially the. AHD zones, there are none right now.
MR. LAROCCA: Right. right. But there ssill be. You see what...
Februar3 15. 2005 14
Public Hearing Transfer of Dexelopment Rights
s[rPERVISOR HORTON: And each of them x~ould be the subject of a lengthy public process, which
would include, like tbr example, when Catholic Charities came here a fexv weeks ago, the first
recontmendation, they wanted to do a senior housing initiative in Mattituck, the first recommendation
that xxas gixen to them before we even, belbre they even proceed at tile Toxin level. The first
recommendation that xxas given to them was yon should go speak with the school district and 3ou
know, get an understanding of where the school district is at. Speak with the school board, speak x~ith
the sapcrintcndent. And [ think that is all part of the pnblic process, moving fomard.
MR. L.XROCCA: Right. but 5ou ....
COUNCILMAN WICKHAM: I xxould like to just add to this. I think the Board is expecting that the
transfers will largely be done within a school district and not bet~veen them.
SLIPERVISOR HORfON: And I. to be honest with 5ou, that is an interesting point, and I would be
even willing to. you know. discuss with tile Board or add to this that as it pertains to sanitary flow, you
know, a provision of prior to the transfer school district discussion or limit it within the school district.
For example, xxe just preserved 44 acres of open space. Now miud you again, none of this can come
off fannland, none of it, because tile Ilealth Department x~ill not allow that. so .~ou are talking about
finite amount of land possibly. Tile, actually that is not correct...
MR. LAROCC,h: Finite...
SUPERVISOR HORn/ON: Let me retract that, let me retract that. It is not finite bat the 44 acres that
we preset\ed in Grecnport. okay. the lion's share of that propert3 is wetlands, so the concern of oh, it
is 44 acres. Gxwnne, you mentioned, well that could be 88 units. No, it wouldn't be 88 units, l-he
Heahh Department xxould assess that and the5' would take out of it ~etlands. the5 wotdd take out of,
you know, the.,,' haxe a very complex fomtula of how they xxoald assess that. So on the 44 acre parcel,
you would be hard-pressed to find man3: open space parcels in logan that don't have some fonn of
wetland or some ibrm of environmental restriction and through the calcnlation of each, hox~ many
sanitar3 floxx credits xvould be extrapolated from each parcel. ~xould be again, a very public process
that would include a lot of review l¥om the Saffolk Coanty Department of f iealth.
MR. LAROCCA: [ liked \\here .~oa were going bel:bre, Josh, which is x~h5 don't ~e sa>. first of all,
there are thousands as identified through the Blue-Ribbon Commission of buildable acres in that open
space area, so I agree with 3ou. according to the work of the Blue-Ribbon Commission, there are
thousands or' acres of buildable land out there, so we can go back to that and reference it. Councilman
Edwards, but that is the case. Ha\lng said that, back to where [ was hoping you were starting to go
there, rather than in contract lax~, unreasonable is aveo broad term and so, and as we have learned itl
Cutchogue-Mattituck, x~e are fighting back mt0or school expansion, you know, xxe. if we have to
define this as dodge the bullet, just got stack xxith a $25,000,001) bill to expand, not a $40,000.000 bill
but that shoxx is not over. xxe can count on it. So. it ma.~ not take a whole lot of additional sludents to
Parther stress the situation itl m.~ community. So, unreasonable...
SUPERVISOR HORTON: Or additional regulations from the federal, state government ....
February 15.21)05 15
Public [ learing--Transfer of Development Rights
MR. [.AROCCA: ...that unreasonable is not just an innocuous term. it could be an enormous tax
consequence. So why aren't we s~,xing that the net effect because maxbe there is it time and place
where one does cross over. why wouldn't the net effect be a zero sttm gain'? And hoxx do xxe ....
SUPERV[SOR HORTON: Tile other thing, [ think that is important. Mr. [,aRocca. on that point, if 1
may? That for the sanitary flow credit transfer, the applicability of this is such that. let's say an
apartment is created, that apamnent will bc axailable through, you know, for dxxelling, through Mr.
Beltz's office and the requirements are that this be a local person, a person, you know, lixing or
xxorking in the Town. So 5ou are talking, l,just xxant to make stn'e we nnderstand that we are talking
about proxiding borne ox~nership or apartment opportanities tbr people x~}~o are living here in the
Town of Southold.
MR. LAROCCA: Right. Josh. I ....
SUPERVISOR HORTON: I just think that is an inrportant point to recognize.
MR. LAROCCA: And we are all in lhvor of looking how do xxc maintain and protect tile diversity.
But not allofus, a lot of us.
S[rPERVISOR HORIZON: But in regard to filling up...
MR. [.AROCCA: fhe question is. is this the right xehicle? Not is it a noble goal. thc question is. is
this the right x chicle and hax e the right safeguards been put in place, so. il' we conld stay right noxv to
the contract law that we are looking at..last for the moment, let me jnst suggest again where I thought
you were starting to go, I feel you are moving away...
SUPERVISOR HORTON: I am not moving
MR. LAROCCA: That we need to be careful. I'he colnmunity residents have a right to plan their lives
and say, I nnderstand I am moving into a certain area, I understand there is a certain amount of
potential development, I understand there is a certain amount of stress on my schools and what my tax
bill max be. And [ think we nmy want to be careful belbre any elected officials or groups of politicians
can start unilaterally altering that table for all of the people who haxe already cornmitted to the
community and committed to a particular area. So I am asking that 5ou make this. al leasl on a net
basis, not affect one conmmnity more than another community. Fhat the goal of tile legislation is to
not create greater densit3 in one communit.~ to lJle benefit of another communits.
COUNCILMAN V,'[CKHAM: 1 think paragraph F says that. It says that to me. To all intent purposes,
it sass exactly xxhat you said. ltowexer, I like the language of section F. it says that there will be no
unreasonable transfer. To me. that sass it.
MR. LAROCCA: Okay. I'om. And I will move on to the next point bnt your likiug it is not my
concern. Yoa are here. yon are gone in another election c.~ cie, this is about laxx3ers that come to Toxxn
Hall and curt) t:avor and use language that is not firm to accomplish goals they ha',c that ma5 not be
.,,our goals. So xd~en .~ou gays write legislation, it is not hoxv you intend to use it. You almost need to
step back and sa5'. it is not how I. Tom. intend to use this. xxhen I am gone, how will other politicians.
Febrnar3 15, 2005 16
Public Hearing--ri ransti~r of Development Rights
when the stakes get higher and higher in this Tox~ n and dex elopers are more and more hungry tbr new
land. how might a less sincere politician usc the language I baxe created and [ think. [ will sa.',', and
then move on to the next point. I accept thc noble intent you gu3s arc try ing to ctt~ct, l don't lhink you
are pulling back enough and reading xxhat `.ou are doing and saying hoxx could someone else use this
in a less desirons way. Okay. I made my point, then [ will move on to the next. It says here in 87-6
paragraph A, point 2: for affordable housing district, this is talking about potential receiving sites.
~'hich I think brings mc back to m3 last visit to tile podinm, which was on tile re-drafting of the
langnage of x~hat an affordable housing district isn't. It is my understanding from having left that
session is x~llat that basically means is. that based on the discretion of the Town Board. anyv, here
could be a receMng site because the l oxvn Board bas the right to designate any area as an affordable
housing district.
INA! ~DIBLE COMMENTS
MR. LAROCCA: Unless Chris Baiz was elected to something since I xxas last here...
SLIPERVISOR HOR] ()N: You asked a question or [ thought 5ou made a statement.
MR. LAROCCA: No. I asked a question.
C()UNCILMAN WICKHAM: What is the question?
MR. LAROCCA: The question is. am I correct in my understanding that because xou reference for an
afibrdable housing district, it means ans-~ here in tox~ n could be a receiving site.
SUPERVISOR HORTON: The uh...
MR. LAROCCA: At the discretion of the Board itl so designating it as an affordable honsing district.
SLiPERVISOR HORTON: l'hat is a xer3 interesting point and how we came to that. I mean. 5ou are
talking about different piece of legislation, you are talking about tile AHD. But hoax we retired at that
was interesting because it was the intention of the Board that we leave tile original language of. I
believe, a half mile language in there. And at the request and adxice of our Planning Department.
actaally Valerie Scopaz, said there ma,,, be certain circumstances where this conld be applicable
elsex~here, that .xoa know. that would be suitable and I ad', ise you to give it a little more latitude and so
we took that adxice of the Plalming Board or Planning Depal~Lment. That is correct.
MR. LAROCCA: So then when you said earlier, it is limited to some very snmll potential pockets and
I am not saying it is right or wrong but the fact is, it could be anywhere in toxin, not in these very
designated little areas because a Town Board could desiglmte any piece of parcel an affordable honsing
district.
COUNCILMAN WICKHAM: It is not qtfitc that straightforward. The current language in the
legislation calls tbr thc receix lng areas, the receiving districts shall be ali3 lands that are designated B
in the zoning map or hamlet bnsiness, fib or RO or the affnrdable housing district.
FcbruaD l 5, 2005 17
Public ltearing Transfer of Development Rights
TOWN AT I-ORNEY FINNEGAN: [ can read the AHD part if yon ....
SUPERVISOR HORI-ON: Yeah, why don't 3ou do that'?
COUNCILMAN \VICKHAM: Affordable honsing district, yes, could be designated in various pans
of the toxx n.
MR. I.AROCCA: So it could be an3x~here?
SUPERVISOR HORTON: Yes.
MR. LAROCCA: Okay. Arid by the way, I am not nitpicking bnt I think it is not a liltle issue when
3ou said it is very contained when itl fact. it could be anywhere in town.
SLIPERVISOR HORTON: Okay. I hear what you are saying.
MR. LAROCCA: Oka5. so that densit5 issue could end up any\\here. Okay. And next is C, should, we
haxe been carefid, Tom or Bill. have we been careful that this lunguage of creating or defining this
sanitary flow credit that will be headed to a bank. that xxe are not increasing in any ~a.,,' ~xhat we would
haxe to pay for the purpose of development right. That this will not affect what ~e are ah'eady paying
tbr land. I mn sure it should be clear that this. this would not have. should ~e hnxe some clarification
that in no x~n.', x~ill this affect xvhat we are already paying tbr acreage because now they come in and
sa5. hey. not only are we selling you this bnt you could put this in bank attd re-sell it somex~here else...
SUPERVISOR HORI'ON: No.
MR. LAROCCA:....and x~e start arguing about valnation enhancement.
COUNCIl. MAN EDV, ARDS: The ansx~er is. it should have rio impact on the xaluation of land
purchased in fee silnple because that land is, the purchase price is based on appraisals ~xith
comparatives and there is no reason xxhy this would in any x~a3 effect the x aluation of the land because
the comparatix e are based on xvhat other private ma.~ be bu3 lng the land for and obviously, they are
bnying it with development rights. So ! see no reason xxh.~ it would have an5 impact on what we
would pay tbr land and lee simple.
MR. LAROCCA: Because it doesn't and by tile x~as. that is a great answer as long as we are sure that
that is tile case, that when 5ou start designating it as headed towards the bank, which is my
understanding that you have to do that dnring the process of the purchase...
TOWN ATTORNEY FINNEGAN: Correct.
MR. LAROCCA: ...that it can't come back and sa3', it has got some additional enhanced xalue.
COUNCILMAN EDWARDS: Well. we cmmot pay more than fitir market value, which is generally
considered to be defined b3 the appraisals and the appraisals are going to be based on x~hat land is
selling for in the comparable parcels are selling tbr.
February 15. 2005 18
Public Hearing Transfer of Development Rights
IXIR. LAROCCA: Okay. Good. D., the transfer of sanitar3 floxx credit to a receixing but I don't see
here M~ere it speaks to the price that the developer would pa5' for tile receipt of that benefit.
COUNCILMAN WICKHAIXl: lhat is right.
MR. LAROCCA: So it is not been ....
COUNCILIXIAN WICKHAM: We assume that this is going to be the private market.
SUPERVISOR HORTON: No. that is not correct.
COl ~NCILIXIAN WICKHAM: Oh. we are going to establish prices'?
SUPERVISOR HORfON: No. you ure, he is talking about ..... the 2% law requires that there be a
transfer of funds for sanita~ flmv credit. The price of the sanitary floxx credit is undetermined at this
point in time. Also how much this Board or a Board moving fomard would want to realize lbr that
sanitary flow credit, you M~ow, if the sanitary flow credit, if somebody said, well, it has to be
$30.000, that ma5' build in a tremendous cost to initiative and render it not affordable, so thereby
nullil3'ing tile goal. so there is the cost of a sanitary flow credit would have to be. coukl be determined
a number of diffierent ways. Either by. yoa knorr, at the Organizational Meeting of the Town Board
prior to. at thc beginning of the 5ear or ocr a case-b~,-case basis.
MR. LAROCCA: Is there any legal language that wonld restrict you if it was icl the infinite x~isdotn of
the elected politician to sell it fi~r $1 to a developer, is there any legal restriction against that'?
TOVCN ATTORNEY FINNEGAN: There is nothing in here. now.
MR. LAROCCA: So there is no, she could sell it for $1 and there could be no recourse fi'om the
comnmnity?
COUNCILMAN EDWARDS: But remember that whatever that is sold tbr, whether it is $1 or
$100,000 it is going to add to the im'estnlent in building the aflbrdable housing and it is going to
reflect itself in the cost of the aflbrdable housing, which as Josh has mentioned could render it
unaftbrdable. So the Board is going to bax e to make decisions...
MR. LAROCCA: so it xxill be whatever you want it to be'?
COUNCILMAN EDWARDS: Well, but, I mean, the point is ultimately it still has to ....
MR. LAROCCA: That is just a 3'es or no question, reallx.
SIJPERVIS()R HORTON: In defense of the Board. it should be addressed on a case-by-case basis.
MR. LAROCCA: Oka3. thank you, Josh. Okay, last page. A remm of credit. If L I don't know that 1
understand this so let me rise an example. If a develope,' had a parcel of land that neither had access to
land or obviously sewer and so he needed to negotiate and secure credits, sanitary flox~ credits, to get a
February 15. 2005 19
Public Hearing--Transfer of De\ elopment Rights
prctject off the ground, so be came in and negotiated to bu} the credits and accept the coxenant
restrictions for pemmnent aflbrdability, then public x~ater comes by his parcel and so. as I understand
it, let's see if I have got this right, as I understand it, if you have got water but not se~er, then from the
Health Department's perspecti~ e. you can be at ': an acre versus an acre ....
SUPERVISOR HORTON: That is con'ect.
MR. LAROCCA: ...oka.~. so...
SI iI~ER\"ISOR HOR]YON: Residential. Ina residential zone. 5es.
MR. LAROCCA: So if you have designated an area as affordable housing district to help accomplish
this prt~ect, with all tile best intentions, and he buys these credits, he builds the prqiect on this new
density, tbe covenant restriction doesn't talk about zoning, the covenant restrictinn talks abont
permanent affordability....
]7OWN A fTORNEY FINNEGAN: ('an I stop you right here for a second?
MR. LAROCCA: You sure can.
I'OWN A [' IORNEY FINNEGAN: This on15 applies to B. HB or RO. It wouldn't apply to tile AHD.
You couldn't give the credit back. If you take it in the AHD. you keep it. You have the covenant.
['his applies to ....
MIL LAROCC:\: So that risk, then, go ahead...
TOWN ATTORNEY FINNEGAN: '1o the B. liB, RO being designed to. if a business person for
example, if I have a shop and I put an apartment upstairs and I decide in a couple of years. ! need
storage upstairs or something like that. I could get rid of the apartment, gixe the credit back. Or if l
wanted to sell the business. I could do that.
MR. LAROCCA: fhat, then. makes perfect sense. 'lhe question is. though, could there be another
x~ay that could bappen? Could. within that area, it facilitate a unit being created that then had access
to water, that no longer had to be restricted, that no longer needed the credit to function as a viable
unit. Yours makes perfect sense and if that is what it xxas, then I am sure that is why that was put
there. Again, we are looking at this not as you all intend to use it, hoxx it might get used.
SUPERVISOR HORTON: To ans~xer your question, the5' conld still, if tbey got. let's sa>. like for
example. I beliexe tile property next door, the B, HB and RO are guided by a different standard than
the ',~ acre that you just mentioned tbr the Heahh Depamnent. So the ansxxer is no. just because they
got public water, they would still need that credit because I beliexe in tl~e commercial zones, the
Health Department regulations are 300 gallons a day and I believe there is public water in front of the
\Vhitaker House. the) still can't have an apartment. They can't even have one apartment.
MR. L:kROCCA: Because of the fact and circumstance related to ....
February 15. 2005 20
Public llearing Transfer of Development Rights
SUPERVISOR HORTON: But they do have xxater, so. they flare water and they have. [ forget the
acreage of the property....
TO~X,%I ATTORNEY FINNEG:\N: It is a t_, acre.
SLIPERVISOR HORTON: A !5 acre tbere. The3 haxe ~:~ acre, they have xxater, they still cannot have
an apartment. The Health Depamnent x~ill uot alloxx it. So ! think that answers 5'our question there.
[',IR. LAROCCA: On that specific one, 5ou did. I am asking is toxin counsel comtbrtable that there is
not a scenario where we could be [:acilitating the de\ elopment of affordable housing and then through
thc advent of water or sewage, just have them surrender the credit and convert it to full-market value?
That the on15 wa5 this could be used is the ~xay 3ou describe it. which nmkes perfect sense. You
thought through the other potential ways that someone may not need that credit and that is the only
way that could happen'?
TOWN :\]7fORNEY FINNEGAN: Yeah, [ mean. in those districts there wonld be reasons xvben
people could gixe it back. [ meau, those are some of the exatnples but I ....
SLJPERVISOR HORTON: Also...
MR. LAROCCA: Is one of the examples the one I gaxe or that couldn't happen'?
TOV~q',I ATTORNEY FINNEGAN: If they would gixe it back. I mean. most of those wuuld already
have x~ ater though.
SLIPERVISOR HORTON: And the other thing to remember is that the zoning code in the B and HB.
as of right already allox~s for up to three apamnents tbr a building.
MR. LAROCCA: Okas.
]7Okk2'4 ATTORNEY FINNEGAN: So if they had to give it back. they could gixe it back.
MR. LAROCCA: It makes sense, it is a good xvay to gixe businessman that needs his building back
tbr his business.
TO~,~ :\FfORNEY FINNEGAN: Right and I don't ~ant to say that couldn't happen because it
could and the5 ~xould be allmxed to ha\ e au apamnent.
MR. LAROCCA: If you thought it throagh, it is pretty remote, is xxbat I am hearing, and it is not HD.
so it is very remote. Not material if some ~ise gu5 could figure it out. Okas. good. So. see here is an
example of Mlat could happen now. as I understm~d the clarifications. There could be a lxxo acre lot.
an R-80 lot in Southold where there ~ould be one potential d~xelling unit. one house and tile tax
pa.~ ers, through the Community Preservation Fund. could pay to preserve those two acres and say that
cost was $200.000 and as we all knox,, this great Preservation Fund is an enormous tax on the
community, as are the many bonds that have been raised, so there is a lot of mone5 spent to get this
done. so we have a two acre lot that could be one house and if the taxpaser commim~ent preserves that
February 15, 2005 21
Public Hearing Transfer of Development Rights
txvo acres in perpetuity, that creates, though so one house is now cannot be built there but there are
now mo sanitar) tlow credits..
SUPERVISOR HORI'ON: Possibb.
MR. LAROCCA: Possibly, mo sanitary flow credits that would go into an enabling bank. And it is
further possible that a To~n Board conld sell those mo flow credits to a developer who. and designate
a piece of R-80 in sa3'. Cutchogue as an affordable housing district and give them the densit3, so x~hat
3ou would then end np with in Cutchogue is not one house on that mo acre parcel Ntt in fact, three
houses.
SUPERVISOR HORTON: Or on the converse, or along those lines, ifa chaage of zone was granted to
AHD, I beliexe the maximum per lot. I believe the maximum per acre 3ield is /bur units to the acre.
So tire zoning alloxxs for that.
MR. LAROCCA: Right but l am talking, enabled by the flow credit.
SUPERVISOR [IORTON: \Veil. or. or by the advent of a chromo-glass system that 5on know. was
receixcd through, you knoxx, that was put in place by thc landmxners thcmselxes. So thc zoning also
facilitates that.
MR. LAROCCA: Right but x~e are assnming x~e are going through this fnr the creation of these
sanitarx credits. And so. there is the point, we, the taxpayers paid to preserve those mo acres in
Sonthold and forget what the fine print said, when this whole pitch was made about the Community
Preservation Fund, it xxas clear, all integral part of the pitch was not only does it help tls preserve our
t:armlmld and preserve onr opeu space in au imminentl3 fair way. not only does it allow lhe farmer to
coutinue to oxxn his land and do his business but because we are extinguishing a house, tblks, the costs
are offset b3 the fact that we are not going to have a house. Now, we all go out and say great, you got
a deal. go make it happen. Now xxe hear, x~ait a minute, we didn't not only extinguish a house but
noxx. thanks to the taxpaser putting up the dough tbr that. lie ends up with more houses than he even
started out xxith. And the bottom line obi that is, I see hoxx the landox~,ner wins. I see how the developer
xvius. I am sola',',' to be cynical but the politicians both get to go get his picture taken at preservation
ceremony and then lie goes to get his picture takeu on the ribbon cutting ceremony on the new houses.
The problem is, the taxpayer is getting it and tile taxpayer can't affnrd this an3more. And by the way.
this is not going to solve, this is the rub, this is not going to solve the aflbrdable housing crisis that
exists. The only thing that is gning to happen for sure is xxe will ha~e political meddling in community
development and 3et another increase to taxpayers property tax bill. And that is the problem with this.
And nraybe the ansx~er is right at the beginning of the document, where it says that thc purpose of this
is to support a socio-economical diverse comnmnity. And Josh, I know you have heard this from me ad
nauseum, but the fact is, if we don't haxe affordable and stable property taxes for middle class tblks in
this toxxn, xxho curreutly lixe here, you are never going to have a socio-economically diverse
communit), you ma.,; haxe a polarized conlmunit.x of a few goxemment sponsored homes and then a
bunch of those rich tblks I¥om Nexx York. x~.hoex er the3 may' be but socio-economic diversity, you are
not going haxe if xou lose control of 3'our property taxes. Okay? fhe second thing you need is 3ou
need a diversit3 of housing stock. If 5ou want to haxe socio-economic dixerse comnmnity. Well we
have hundreds. [ would argue thousands, of small 11, 12. 13.000 sqnare fnot houses in Southold. The
February 15 vi){)-;.__,'~,
Public Hearing Transfer of Development Rights
crisis isu't that xxe don't bare a diversity of housing stock in Southold, the crisis is it is slipping axxay
from us eveod% x~e sit here and talk about these other approaches. If yott are serious about socio-
economic diversity, you cannot let our hundreds, arguably thousands of current small homes, xdfich
~ixe you that dixersit5. disappem' and become unaffordable. So. I am asking bet)re you pass this, 1
asked )ou before .,,ou passed tile last one. I asked )ou bet)re we nmde our final decisions on the whole
land use issue. If we are serious about this xxonderful mission statement, about socio-economic
dix ersity, then it seems to me that before ~x e enter new legislation that may jeopardize the stability of a
property tax base, x~h~ aren't we doing a study to ask if the average Southokler can afford these
increases? Or are there increases, are thex small increases, are they snbstantial property trix increases,
how much o[' an iucreasc xxould drixe our property tax bill to unsustainable lexels because of our
school tax'? Which all of us here kuoxx is 70°,'0 of the bill. Follou. ed b) our police tax. xxhich is )'our
biggest piece, xxhich is 30 plus % of your bill. So wh) aren't we at least bet)re we keep passing this
legislatiou in tile aim of socio-economic diversity, making sure the people that have to pay rite bill can
afford this legislation. And the second thing I xxould again ask is, at least explore. And I know it is a
politically stick) xxicket and l knoxx it is complex but can xxe take some steps to stop v~atching all of
. ~ , th~s Tmon. I mcan. let's t,o and go
our small homes disappear fi'om under our nose every simzle das in ' o ~
tot' the 80-20 rule guys. The problem is that >ou can't build )our x~a) out of this. you can't. Josh. It
sounds great, people come. the)' are all hopefifl. A fi'actiou of them, is it the graduating class of 20(}4
you are going to make happ)? 2040? If you lose the diversity of the housing stock, .sou can't ~xin.
An) x~a.~. Ihanks Ibr ans~xering my questions. I hope you consider that, [ hope you stop and re-look at
this issue of our taxpayers and can they afl)rd this and xxhat is the risk-reward ratio? Thaak 5ou xery
much guys.
SI I PERVISOR HOR I'ON: Thauk you.
(}AIL [IOR fON: My name is Gall Horton and I am ii'om 727 First Street. Greenport. l just xxant to
tell you ladies and gentlemen up there, you could be home watching television, you could be hax lng
supper, you could be playing with )'our kids, you could be talking on )'our phone to )our friends, but
you are trying to do something. And as some)od) ~xho has xxorked, I ~xas on the CASI Board first in
1972 and was a founding member of the North Fork Housing Alliance. I believe it ~xas 1979, 1980,
this problem has been around for a long time. And it [las been beaten around for a long time. I can
remember sitting in symposiums with Rich Israel. I meau, 20 years ago. But you are trying to do
something and l think you are doing something with thought and xxith care and it does need to be done.
I have lived here all my life and I have seen the people disappear and they are not all going up to
heaven or somewhere else. They are leaving because the)' can't afford to be here. When I began on
the CAST Board in 1972, a woman who was a mentor to me said. well you know. Gail. you sa)' 5ou
are an enviromnentalist and she said. you can't work for the poor and work in anti-poverty and believe
and be an environmentalist. And [ have thought that o~er, [ mean. it really disturbed me then and I
have thought it over and I have x~orkcd it through oxer the )'ears and 1 realize there is something in lite
called a ~xin-~in solutions. Where there is give and take. not gixe and take but both sides go ax~ay
x~ith something and I feel that lhis law is going, would give a xxin-xxin solution to all of us because 1
belicxe and I knoxx, because [ have been through I don't want to tell you how man.~ studies on this
issue myselt: It is necessar) and [ feel this is a good solution. It warms the side of me that is an
environmentalist and it warms the side of me xd~o believe in affordable housing. So. dou'l go home to
television yet, dou't go home to the CD of good music, please sta5 here and listen and vote for this
law. Thank xou.
Februar.~ 15, 2005 23
Public I teariog-- I-ransfer of Dex elopment Rights
SUPERVISOR HORTON: Thank xou. Ixls. Edwards. I'll get yoo in the back. I see you. Everybody
xx ill definitely get a chance.
CIIARLENE ED\VARDS: My name is Charlene Edx~ards and l reside in the Village of Greenport.
that is my residence. I would like to see this law be adopted because [ see houses popping up, popping
up. ever5 xx here, everywhere. They are just not affordable houses, they are outrageously priced houses.
that people like me, an axerage citizen ~xho makes an average salary cannot afford. So il' it is not
ai2brdable housing, the way I look at it, it is going to be some other type of housing that is highly
priced and so. I think it should be adopted. I left 20 years ago. I came back because this is where I
wanted to be, where I live. And I have seen this place change, it has changed, it is going to cominue
changing, it will never be the same, it will ne~er look like...tomorrox~ it xxill never look like it is noxx,
next year. So it is going to continue to change, you can't do nothing about that but I just think this law
should be adopted tbr as erage citizens like me. to be able to afford a house. Thank you.
SUPERVISOR HOR fON: Thank you. Ms. Edwards. Mr. Sanders.
CHARLES SANDERS: Charles Sanders from Greenport. [ guess my first question is, why do you
have to build homes? \Vhy not gixe those sanitary credits to people that have a house, allox~ them to
build an accessory apm'tment nnd thus they are able to attbrd the house?
SUPERVISOR HORTON: First, it is a good question.
MR. SANDERS: Instead of actually building...
SUPERVISOR HORTON: It is a good question and cun'ently, in the l'oxxn of Southold. you can, if
you own a borne. 3'our home. you coold have an apartment there. If 3ou ~anted to provide another
dxselling unit in 3'our borne, you could do so. In Ihct, many homes around you do that..&cross the
street, up the street, on M[ain. do have apartments in their homes. I just recentb moxed...
MR. SANDERS: But are the5 legal apamnents?
SUPERVISOR HORTON: Legal apartments, 5'es. I just mox ed out of a legal apartmenl. Modest, you
know, $1,700 - $1,800 a month. The person lixing right across the hall from me happens to work in
To~o. works right here in Southold Toxxn Hall, nmkes less than $40.000 a 3'ear and his xxife makes.
the3 probabl3 have a combined income of less than $50,000 a 3ear. And they x~ere paying, they were
pasing $1,500 a month in rent. fhey xxere almost living in poverty, as public servants. So. the
question of~ you koo~, x~ hy can't 3 on hax c this l inaudiblel tbr apartment, this legislation, the ability to
have sanitary flow credits, if ~xe could take fi~ e sanitary flow credits off a piece of open space, that we
have preserxed, we would be able to have txxo or three apartments right next door here at the Whitaker
House. fherc used to be a couple of apartments there, we all remember. [bey were illegal.
MR. SANDERS: 1 am not argning...
SUPERVISOR HORTON: The) were illegal and ....
MR. SANDERS: I am not arguing...
February 15.2(105 24
Public lfearing Transfer of Development Rights
SUPERVISOR HORTON: They were illegal, excuse me, they were illegal and the3 xxcre substandard
and the. this legislation will allow for the creation of those types of apartments.
MR. SANDERS: Well, ~hy build hontes? Why do you have to build homes? Wh> can't 3ou give a
credit to somebody else x~ho was going to build, they say the> have mo acres, they build another
house and the3 build an accessory apamnent right then and there.
SUPERV[S()R HORTON: Tile>' wouldn't need a credit. By Health Department rules, the.,,' wouldn't
need a credit.
MR. SANDERS: l hey can build txxo instead of just one.
SUPERVISOR HORTON: But they wouldn't need a, they could do that. They could already do that,
xx ithout this.
MR. SANDERS: Well, then I guess the next question is, what is an aftbrdable home? What is an
affordable home?
SUPERVISOR HORTON: It's a good question.
MR. SANDERS: [ know it is the price but what is the price'? What is the price'?
SUPERVISOR HORfON: No. it is a lair question and I can tell you that it is relevant. ,',ou knox\,
tile... >ou asked the question. I am going to tr> to ansx~cr it, to the best of my ability. Icao tell you
that, in my oxxn personal search tbr a house. I was lucky to find something for $410,000 and let me tell
you...
MR. SANDERS: You could have bought my house for $300 and, at the exact same time you were
looking for a home. my house was Ibr sale.
SUPERVISDR t[ORTON: And you know what? I knox~ the house you moved out of: was at one time
an affordable honse and >ou sold it on the fair nmrket and you sold it. an>body else in your
neighborhood couldn't have bought that house for what >'ou sold it tbr, Chuck.
MR. SANDERS: That is the normal real estate market.
SUPERVISOR HORTON: I knox~ and it is the norlnal real estate market that is driving people like me
and my colleagues and st) trlan> other good, xxorking people itl this town out of tile community.
MR. SANDERS: I haxe, R)r example, where I live, there is RO and you had actually mentioned the
vet3 lot next to m> house, right now there conld be 16 units next to my home. Sixteen holnes.
SUPERVISOR HOR'I ON: Which wottld mirror the exact development pattern of>our neighborhood.
Februarx 15, 2005 25
Pnblic Hearing Transfer of Dexcloptnent Rights
MR. SANDERS: Yes. but if you look at the xxa3 it is noxx. the3 could only haxe tx~o homes.
maximuni on that parcel. Now 3on are all of a sudden asking exeryone in that conmmnity, because
3ou xxant that, let's have 16 homes.
SUPERVISOR HOK[ON: No, not because I want that. because, and I am not going t,o talk about a
specific parcel here, it is not becanse I xxant it, it is not because I want it.
MR. SANDERS: You haxe to talk about specific parcels because they affect us. That specific parcel
is something 3 ou mentioned...
SUPERVISOR HORI'ON: Excuse me. Mr. Sanders. if at a time an application comes in on a specific
parcel, there will be a tremendous amount of public discussion.
MR. SANDERS: But yoa gu3s. public discussion, yon have already said here, 3ot~ xvant this to
happen. I can discuss until I am blue in the face but yon are going to go say. thank 3ou very much,
Charles, [ appreciate exerything 3ou haxc said. there is going to be 16 homes next to your house now.
SIJPERk:ISOR HORFON: That is a. that is a complete and utter mischaracterization of the process.
COLINCILMAN WICK}lAM: There is a public hearing on each one of these proposals.
MR. SANDERS: Like this. ]That you have ah'eady decided ....
COUNCILMAN \VICKHAM: This is on the legislation. I'hcrc still has to be public hearing, does
there not?
-1-O\~,~'4 ATTORNEY FINNEGAN: Yes, there does. Ever3 time a credit COl]tics out of the batik, there
xxould be a public hearing on that.
SIJPERVISOR HORTON: And enters the bank.
COUNCILMAN WICKHAM: On each indix idual application, lbr each parcel. So this is just a pnblic
hearing on the legislation. The legislation calls for additional pablic hearings on each and every
application made to take ad\ antage of this.
SUPERVISOR HORTON: And I can tell you. I look around this room and I see sotnc people that I
knox~ don't ox~n homes and I can tell 3 ou [ wouldn't mind Iix lng next door to me. I wouldn't mind it.
lf3ou don't own a house, raise yonr hand here. You can moxe next door to me.
MR. SANDERS: [ have a t'ex~ other questions. Again, I have alx~ays tried to sa3 this ~o you, Josh. I
am not necessarily against affordable housing, I ant just worried that we ha\ e too many qnestions that
aren't being ansxxered before legislation is being proposed.
SUPERVISOR }IORTON: Well, the question on what is affordable. What 1 think is aftbrdable. [ don't
think I could pnt on a straight face if somebod3 came lbrxxard and this is interesting because the count3'
February 15. 2005 26
Public Hearing Transfer of Development Rights
bas. [ have seen some input from the cotntt.x that said. if xou do X. Y and Z and you can sell a honse
lot up to $340.000...that is absurd.
MR. SANDERS: So x~hat, gi~c me a ballpark number.
SUPERVISOR HORTON: That is absurd. \Veil, I can tell 3 ou. the median income of Southold Toxin
income is $49,900. The lnedian household income and household is a combined income, lf3ou want
local people to be able to mo\ e into a home, if yon are talking about a homeox~nership opportunity,
$250,000 is ton much mone3. It is too nmch money.
MR. SANDERS: So you do xxhat l did. You work 3'our butt offto get a good FICA score and you buy
a house and 3ou rent it. ~xhile you are lixing there, until you can afford another house, until 5'our
income increases and then yon buy another one and then you work 3'our xxay to own what you ox~n
SUPERVISOR }IORTON: Right.
\',IR. SANDERS: And then x~hat worries me is that there is going to be 16 traits next to me that are
going to be considered affordable, but hoxx are you going to determine, say for example. 5on haxe an
affordable house that you have determined ....
IN.\UDIBLE COMMENTS
s[rpERVISOR HORTON: No, no. Let him speak, every bod3 has a lhir shot at the podium.
MR. SANDERS: You detemfine it to be. like $250.001/ ....
SUPERVISOR [IORTON: No, no. No. no. no. No. I am not going to say that. Let's sa5' $181).000.
MR. SANDERS: Say $180,000. Say any number you want. An3: number 3ou xxant. Fhirt5 3'ears
l¥om now. bow long do shingles last on a house? Thirt3 years, sa,',.
SUPERVISOR HORTON: Okay.
MR. SANDERS: And say lbr example, that guy x~ants to move out. What is the incentive for that
person to upkeep that home if he has no incentive of any profit ibr the future?
SUPERVISOR [IORTON: Let lne ask you this. Have you ever seen an affordable housing initiative in
the Toxxn of Southold? tfave you been to one? You might have exen sold a house in one.
Cedarfields. right? You ha\ e had houses in there, right':
MR. SANDERS: Yeah but they are capped, l he.,, are capped.
SUPERVISOR [IOR'ION: Are the3 lovely homes?
MR. SANDERS: Absolutely.
February 15. 2005 27
Public [learing Transfer of Development Rights
SUPERVISOR HORTON: Elijah's Lane'?
MR. SANDERS: I have nothing against that.
SUPERVISOR [[ORTON: Elijah's Lane. lovely homes. Gabriella Court, lox'ely homes. Right.
Israel's place, right behind ....
MR. SANDERS: But the5' are not capped.
SI[PERVISOR HORTON: But the people who li~e in them, take pride in them.
MR. SANDERS: Yeah. because the.;' know that when they sell them. the.,,' are going to make a profit.
Ihat is human nature. Josh.
COUNCILMAN WICKHAM: What are some or'the other points 5ou xvantcd to make?
MR. SANDERS: Right nox~ you know how many areas arc zoned 13, HB and RO.
SUPERVISOR IIORTON: Yes.
MR. SANDERS: You know that.
SI rPERVISOR HORTON: Yes.
MR. SANDERS: So gixen your scenario, hoxv many sex, er credits could exist and theretbre, really
when you sa3 sewer credits, you really mean homes.
SUPERVISOR HORTON: No, [ dou't. No. I don't mean homes because .;ou have B and HB. which
already as of right, are allowed three apartments. Right next door, as of right, is allox~ed three
ttpartments unless you go to the Health Depamnent and the.;' are alloxved none. They are allowed
none.
MR. SANDERS: But giveu what you already knox,, how man5 do you think could actually exist,
above and beyond what the5' are allox;ed?
SUPERVISOR HORTON: None of them will be aboYe and beyond what the5' are allox~ed. They
~x ould be allowed to achieve xvhat they arc zoned fur.
[IR. SANDERS: If you take for example, the RO next to my house..,,ou ha~e already changed it. so
therel'ore, there arc 16 more units.
SUPERVISOR HORTON: No. a piece of RO properts. I believe it is ....
NIR. SANDERS: Four acres.
Februar5 15, 2005 28
Public Hearing-- ['ransfer of Developmcut Rights
SUPERVISOR HORfON: No.. but I mean the zoning lbr RO is one acre, it is allowed, you know.
Residential office would be allowed a maximum of three apartments.
MR. SANDERS: No, but xou are saying you could change that RO to affordable housing therelbre.
16 units are all of sudden are created.
SUPERVISOR HORTON: Thnt is a difi'erent point, what 5on are making though.
MR. SANDERS: It is a very valid point, there is no cap...
SUPERVISOR HORTON: I am not sa3lng it is not x alid, you asked a question about what could be
created in the B. HB aud RO. And x~ithin those, they already as of right, in the B and HB as of right,
are permitted up to three apartments.
MR. SANDERS: Okay.
SUPERVISOR flORTON: So the5' would be able to achieve that.
MR. SANDERS: Now ho~ man5' do you think that x~ould be that already exist noxx. You taus! have
done some sort of formulation to determine how ninny of those would exist, currently.
COUN£'[LMAN W[CKIIAM: Is 3our question how man5 additional nnits are goin~ to be created
through this legislation, is that your question?
MR. SANDERS: Correct. Not onl3 that, but hox~ many potential because if you say anything is
affordable, if3ou create that district as such, then it could be an enormous amount of...
COLINCILMAN WICKHAM: Your question is. hoxv many additional units do we antictpate are going
to be created through this legislation?
MR. SANDERS: Correct.
COLINCILMAN WICKIEAM: Okay. l don't have a number but A. the first thing I will say. it will be
pursuant to public hearings on each aud every one of them.
MR. SANDERS: .~ hypothetical number.
SUPERVISOR HORTON: You can't put a number on it.
MR. SANDERS: You can. It is a mathematical possibility.
SUPERVISOR HORTON: No. £'harles, no, you can't. No. Charles. you cau't put a number on it.
MR. SANDERS: You haxe to haxe done that stud3.
SUPERVISOR HORTON: Charles, you can't put a number on it.
Februar3 15. 2005 29
Public Hearing Transfer of Dex eloplncnt Rights
MR. SANDERS: Wh.,,':
SLIPERVISOR HORTON: Because. because ....
MR. SANDERS: {inaudible) it is math.
SI rPERVISOR HORTON: You can't just put a number on it. Because in one 3ear. Sou might preserve
one acre of benign open space. And theretbre only retain a xery finite, you know. one or txxo credits.
MR. SANDERS: You might do 50 acres and theretbre 3ou haxe 50 credits.
SI rPERV[SOR HORTON: And you still don't know how many credits k~ould come off of that. So
xou can't, you can't put a number on it.
COUNCILMAN WICKHAM: Thc best way to estimate that number x~ould be to find out hoxx much
xacant land is there in these housing districts, in the B and tile HB and the RO.
MR. SANDERS: You haven't done that. [ guess.
cOLrNCILMAN WICKHAM: No, I really don't haxc those figures at hand and secondly, how many
additional units are likely to arise through the aftk*rdable housing districts ....
S1JPERVISOR HORTON: Ofxxhich there are none, right nox~.
COUNCILMAN WICKHAM: Fhat is right. For myselfi just speaking personally, I anticipate maybe
three affordable housing districts in this Toxxn. that ~xe xxill digest. I mean, just for me, personalls.
Josh has his o~xn view. other people have their o~n x Jew. One in Mattimck. one is Cutchogue, one in
Southold, maybe one in Greenport. And then I think we ought to digest xxhat we have got betbre we
ha'~e anymore. Yhat is lny oxxn personal opinion. As to how many xacant spaces there are in the RO
and thc hamlet business and all of that. v,e could look at that. I think tile expectation that I am hearing
tonight, that this is kind of a runav~ay and it ma.~ get well beyond what we xxant, I just don't think that
that is likely to be the case. I think that there is a lot of constraint on tile Town Board to see that it is at
hand and it isn't j asr a runaway program.
MR. SANDERS: I would love tbr that to be true. I don't knox,. I don't know anybody here except
Josh. Josh is reall3 tile only one that I had a chance to speak to and when Josh used that specific RO
district, that specific, abont six months ago. I freaked out because all of a sudden, that definitely
changes tile makeap or' my home, nLx conmmnity. When [ had purchased that. I had tile
understanding. I know zoning...
CO[JNCII.MAN \VICKHAM: Yes.
MR. SANDERS: .... and I knexx that x~ell, no problem, maybe a building will go there or nmybe txvo
and I bought that }louse because of that. Fhat is, that x~asjust my decision. But now all of sudden, you
are really asking me to have a potential of 16 more homes next to me that I didn't want and or think
xxould exist before. And I am not necessaril3 opposed to those being there, when [ asked Josh about
Febrnar> 15, 2005 30
Public Hearing Transfer of Developlncnt Rights
one specific parcel of land next to tn3 house, which could be osed as an entrance and an exit. I was
shot do',,vn that that ~xas pretty much thc way it was going to be.
SUPERVISOR HORfON: No. excnse me. Charles. You asked me that qnestion Saturday night at the
Frisk>' Oyster ~xhen l was picking up takeout tbr m5 with.
MR. SANDERS: I asked you that question...
SUPERVISOR HORTON: Eel's Ii'amc it in the context. Charles...
MR. SANDERS: Josh. I asked xou that question in 5oar office six months after that. right alter you
had that meeting.
SLIPERVISOR HORTON: Charles. as I said. any plan. an~ application lbr a change of zone to an
AHD would require a tremendous amount of planning, a tremendous amount of community input and
public meetings. So. yon know. l. I can't give you an answer to that because A.. there is not an
applicatkm and there is not a plan.
MR. SANDERS: I knox~ there is not an application bat it doesn't mean that there isn't something ....
SLIPERVISOR HOR¥ON: So I can't, oka3.
MR. SANDERS: I x~illjnst finish up b5 sa>ing that I am not necessaril3 opposed to it but we do need
to stndy this more and l think .~on also need to take into consideration the fact that we do pa3: our taxes.
People say that NIMBYism is a~xfal, well. I am not, if you look at what that means >ou know. not in
my back yard. I pa.,,' taxes on rny backyard, I landscape my backyard, so I think I also have a say what
happens itl m5 backvard. That is just. I think that is reasonable. 1 don~t think flint is unreasonable at
alt. Thanks ibr 3'our time.
SUPERVISOR HOR'I ON: Thank 5ou. Mr. Sanders. Actually, Reverend Smith and then [ v, ill get to
you. Karen McLaughlin and then [',Ir. Nichols and Melanie, I saw your hand go up.
REVEREND SMITH: Good evening, my name is Reverend Smith, [ am the pastor of Clinton AME
Zion Church in Grecnport and I xxill be living here three 5ears itl June. I ha',e seen this kind of
discussions and thc actions fronl up xxest, where [ came from, I cannot understand out here, on the
Island people are fighting against affordable houses. Many of >ou have children. When they grow tip.
do you want them to leave yon'.' Jusl like tile man said, xxhen you bonght 5our houses, tile economy
wasn't like it is. it was cheap and exerything. But the economy has forced people to change their
lifest>lc and I know [ would loxe to buy a house out here bat I can't afford it. And many of Sou are
afraid about aflbrdable houses. Let me tell 5ou, the precept of affordable houses is a cerlain amonnt of
money the husband and the wife has to make befnre they can get affordable houses. And they put their
application in. it has to be scrutinized, they ha~e to have so nmch mone5 in the hank and everything
else belbre the5 can get that house. [ am not telling yon something offtbe top of my head, I dealt with
this is in Bellport. I am xxell knoxxn in logan Hall out there, so l just x~ant to sa5 to .~ou. don't think if
the5 put aflbrdable houses, the young man said. sure he pay taxes. 5on must realize when you bought
that property, it wasn't a big demand like it is now. People bas to live and no one is an island. 5ou can
February 15. 2005 31
Public Hearing--Transfer of Development Rights
live by yonrselfi If you don't get aflbrdable houses today, 5ou ;xill eventually get it. M~ether you like
it or not. People has to lixe. People are coming into New York aud noxx with all this plauning down in
Greeuport x~ith the open ;xaters. people be confing in..~ou want to make it all for the rich and nothing
lbr the poor? People has to xxork. You rich people..~ou ha~e got to haxe somebody to ~ork for you.
\Vhere are they going to come fi'om, if' the5 can't ai'tbrd to live in Greenport or Southold, where are
the5' going to come from? I knm~ I x~ouldn't traxel two hours to makc minimum wage. So 5ou think
about that. Man5 of you are afraid of Mint nfight come into .~our neighborhood. [ am sure the
legislators and you people must realize, 5 ou pta them in there and .~ ou can take them out. If' 5 ou know
hoxx to do it.
SLIPERVISOR HORTON: l heir mouths are watering, sir.
REVEREND SMIT}I: But I am just sa5 lng, [ don't believe that the3 ~ould infringe upon your rights to
bring, if yon live in 5'our $200 or $300.000 or several hundred thousand home, the5 are not going to
bring aflbrdable houses into your area. Think about it. fhey are not goiug to hurt you like that. They
have land set aside tbr this and if Rixerhead can do it. look at the village there that they buih.
Beautiful homes. Why can't 3ou do it here'? But you know what it is'? We are running scared, we are
fearful that we might get riff rafts or somebod3 undesirable .....
SLIPERV[SOR HORTON: Rexerend Smith, il' 5ou cotdd make your comments to the Board, I am
sorrx, .
REVERENDSMIfH: ...because ....
SI IPERVISOR HORTON: lfxou could just focus 5our comments to the Town Board.
REVEREND SMITH: Well, okay, well, I am just and I feel that you are x~a.,, behind when it comes to
aflbrdable houses. Our children don't ~ant to leave the areas, they want to grow up here, the5 want to
enjoy this. They cahoot enjoy ~xith the price of homes and I think we would be out of step if we don't
do something to protect our yonng people, xshich is our h~ture generation. Thank you.
SLIPERVISOR HORTON: Thank you. Reverend. Father Toni.
FATHER fOM MURILatY: Thank 3ou to the Board. My name is Father Tom Mun'ay. [ am thc
pastor of Saint Agnes in Greenport and I have been pastor tbr the past three years. She does the same
thing at nmss. that is okay. 5,'es, she is onrs.
SUPERVISOR HORFON: Conld you hold nmss l'uesday nights?
FATHER MI, JRRAY: But I x~ould say that in my past years at St. Agnes, when I first came here being
a member of GEMS, which is the Greenport Ecumeoical Ministries, St. Agnes is one of the largest
congregations in Greenport and in the past few 5'ears. we have increased by oxer. [ t~ould sa3,, 50
families from 600 to about 650. In that 650 families that x~e have increased, xery few ha~e been young
t:amilies. [he5' have been mostly retirees that have been coming out here. And it seems that the xxhole
area. as far as our congregation, is nluch more retiree than, so the reason that that is, is because we do
have baptisms. The baptism's, the people bring the children out and we talk about it but the5' sa3'.
February 15. 2005 32
Public Hearing--fransfer of Development Rights
Father. we xxould love to lixe here but we can't afford it. You kuox~, so [ think that the idea that is
before the Board is aver3 practical idea. I mean. you all have to be Solonlon to figure out tile ansx~er.
You know. xxe do have the group that they xvant to preserve. Yes. we all want to preserve land and that
is very noble. It seems that the solution that of preserx lng land and getting the rights and transferring
the rights to affordable housing is ,,'er5' good. [ don't think anybody disagrees with that but of course,
we do want to keep the integrity of our area. You knoxv, open it up. as the good Rexerend said, that xxe
want, 3ou know. exery body to be able to live ill Greenport, it is a x~onderfifl toxxn. But the idea of the
preservation, it seems that in the direction that we are going. 3'es, xxe are going to preserxe the land but
we are going to preserve it for tourists. We are going to preserve it for evcr3body else who is going to
bc visiting here. So if there is no affordable housing, those xxho live here are not going to be able to
afford. Again. what the Reverend said. the children. You know. not many of thc man'iages that l do.
stax in Greenport. Because they get married and can't afford to live here. They would love to, the.~
xxant to be b3 t:amil3 and friends but they have to move out. So. [ think that the idea of the affordable
housing is very practical. ,,'er3 necessary. The idea soonds great. Both sides have to x~ork out thc
practicalities of it. So I thank you for this opportunity to speak and we xxill continue to pray
resolutioo. Thank you.
SLIPERV[SOR HORTON: Thank you, Father Murray. Mr. Nick[es.
JOHN NICKLES. JR.: John Nickles, Jr. Southold. l also represent the Southold Business Alliance. l
had prepared remarks this eveoing but it }las actually gone on longer a lot longer than [ thought it
xxould, so I xxill just try to narrow it doxxn to,just a couple of points, for the benefit of all. [ think that
~xhen you guys decided that you xxerc going to address the Suffolk Count3 legislators, tile County
Executixc and other municipalities, jnst about a 3ear ago to challenge some of these policies and
mandates that the Health Depamnent bas at the county level, [ thought that that xvas a good thing. It is
related to this piece of legislation because this is kind of xxhat came from it. and so, I would like to
bring that up. I think it is something that tile fown Board should continue to do and hopel-'ully we can
have more influences at the county level. That is my first point. My next point is, [ think that there is
a lot of merit here in this sanitary flmv credit legislation. I think, xxhile we are keeping it separate from
a full-blox~n fDR t5 pe program, realizing that TDR is the mechanism here, without knox~ing whether
or oot we xxould support a TDR program at this point. [ think that the business would x~ant to support
this partictdar piece of legislatkm even though it does haxe a TDR component to it. I think one of the
things that is going to make this work or it is not going to xxork, of course, is going to be what is going
to be the incentixe to the person in the B zone. tile HB zone, the RO zone: or tbr that matter, itl the
affordable hamlet district. [ realize that there is going to be sort of different situatious fi'om the
business mixed use to an actual affordable housing district. But I think that the cost of the sanitary
flow credit, i.e.. the cost of the TDR, is xxhat is going to either make this thiog work c,r make it fail.
And I think that if yon can keep that cost Iox~, then you are going to be able to provide tile incentive tbr
somebod3 to put that accessory apartment in. I think if the costs are going to reflect what the ¥oxxn is
paying for development rights right mm, which eqnate to about $70,000 a development right, which is
based upon $35.000 an acre, under txxo acre zoning. You know, l think that many of you on tile Board
haxe crunched the mmlbers and you think it might xxork at those uumbers but I am still hesitant to
support tl~at at that lexel. None the less. I don't want to discourage you ti'om moving tbma,'d xxith this
legislation. I just want to point out one other thing, xxbich I think the other people have ~nentioned.
Which is. how are we going to determine that cost'? \Vhere is the part in the legislation that sa3s what
it is goiog to be. hoxx the process is going to happen and I think that the l'oxxn should take these public
Febrnary 15. 2005 33
Public Hearing 3ransfer of Development Rights
comments and see if there is a way that you can put att ol~jective s5 stem built into this, so that there is
less worry about. 5ou know. prejudice, favoritism, you knox,, affordable housing going in someplace
ma5 be ~there it is not ~*anted. Some of these things. I think, some of those worries can tie put aside by
taking some of the questions that might be inherent in the code. just by becoming a little bit more
specific. And those are my comments, thank you.
SUPERVISOR HORFON: Thank you. Mr. Nickles.
DIANA WEIR: Good exening. Supervisor, Cotmcil tnembers. M) name is l)iana Weir and [
represent the [,ong Island Housing Parmership and ~e have been working with the ['ot~n. and just to
back up a little bit, I want to commend the fown Board on being the first Toxin Board on Long Island
to create an inclusionary zoning xvithin 3our Town Code. [t ~xas aggressive, it was progressive and I
think it x~ill help with those private dexelopers that are usurping the land and they will have to give
back some. This legislation tonight is interesting and I kno~ 5ou are struggling ~xith it and 3ou need to
listen to the community because obviously this is their back 5ard. like one of thc gentlemen said attd it
is important but 5ou are doing something that is very t~ise and that is putting this densits, xxhatever it
may be xthea .',ou get it, into a xtalk-able, dtmntoxxn, commercial area. And you knoxx, that is the way
it should be becanse people t~ill be near transportation if the5' are along the corridor here. [.cate the
open spaces open. where they belong. And use that density xthcre it is more useable and more user
I¥icndly tbr the communits. I x~ill tO' tu attswer some questions that [ think I beard. People have some
misconceptions. Aftbrdability is xeD: subjective. I ant frmn the east end, I am from the sonth Ibrk. A
house just sold tbr $45 million. Obviousl3, somebody xtas able to afford that bonse. But people t~ho
lixc in afibrdable honsing, who pnrchasc affordable housing, must be working people. ]'his is not a
gill. lhey pa5' their taxes, they' must haxe jobs. thc3' must haxe good credit ratings. ,Ibc homes are
mmxgagcd bx a bank. So if you take the regular bank requirements that sa5' that you should not
purchase a home Ibr more than three times xour ammal income. No~ yon know what is affordable.
Thc Superx isor said that a couple nmy be working, a schooheacher attd a mechanic, maybe the3: are
making $70.00(}. Well, three times $70,000 is $210,000 with a good credit rating. So, il' they have
that, that they can mortgage that much. they must have a pretty big dox~n payment if they are going to
afford ii house lbr $350.000 or $400.000. So that is a wa3 to conceptualize alt'ordability
individuals. Because what is affordable to one is not aftbrdable to someone else and you are
absolutely right, that is xeD' subjective. But that gixes you an idea of how a bank xxil][ be willing to
mortgage a home to someone. As Jar as taxes, if you put three homes where there was one hame. 3ou
will baxc three taxpa3ers as far as paying school taxes and paying propert3 taxes and paying 3our
police taxes. So. an aftbrdable home pa3s taxes. It is not tax tree. 1 mean these people catty their fair
burden, fhere is not disconnt because 3ou haxc an affordable house. The discount is in the t~deral
subsidy, the state subsidy and nmybe those sex~er credits, what is done in other towns is Ihe toxt il gives
those sewer credits to att affordable only t> pe of development, so it makes it less expensix e. l don't
think scxxer credits should be given to some developer xxho is going to come in and make a thir market,
you knox,, a $600.000 dexelopmelm So I xxill recommend that also. that those be nsed specifically and
I think that is in the legislation, for affordable units. But I know .~ou have been here late and haxing
sat on 3 our side, I don't enx 3 )our decision but [ think 3ou have heard a lot frum the communit,~ and l
support the legislation itt whatexer final fomt because I think it is important attd I congratulate you for
being creatixe and aggressive in dealing xxith this issue. Thank 3ou.
SUPERV[S()R HOR fON: ~1 }lank you. Diana. Karen attd then Mclanie.
February 15, 2005 34
Pnblic [learing--Transfer of Development Rights
KAREN MCLAIrGHI.IN, DIREC]YOR OF HUMAN SERVICES: Hi. I xxill keep it brief, because it is
getting late. 1',I5 name is Karen McLaughlin. [ am fi'om East Marion. [ am also the Director of Human
Services tbr $outbold Town. I am here to just six c 3 ou my support for this legislation fi)r a number of
reasons. I hear a lot of people talking tmmbers tonight, number of credits, number of parcels, number
of possible homes, I am going to gixc some numbers to people here and they are pretty impressive.
Southold 'lox~n. right nox~. United States census, right now 13°.0 of the people iii the United States are
over the age of 65. In Southold To~xn. 29%. It's huge. We are reflecting, we are much higher than
3'ear 2030 and what that says to me as far as housing right now. we have a crisis. And [ know someone
said about the unintended dangers of passing this legislation and not seeing what is happening doxxn
the road. I am going to tell you xxhat is happening right no~. right now iii this Toxxn. We have seniors
and l am getting calls daily, we cannot find hclp in their homes. The fastest growing age group. 85 and
oxer. These are people that have paid taxes for 85 .x cars iii this Toxin or longer. We have a lady in our
program, 104. she has been paying taxes, god knows ho~v long. So those people, we have a
responsibility to them. We have a responsibilit5 to our young people who work anti maintain the
commnnit3 and the fabric of our toxxn. We have emplosees right now ill m.x department who have
been forccd to moxe out of this town. [ am losing valuable people. '[hey hnve nox~her¢ to live. They
are willing to do the work. the? can't sta? here. I henr a lot about school taxes, l think that is a ~iable
qnestion. It is a very. verx valid qaestion. \Vhat I also like to offer right now, if xxe cannot offer the
help to keep our elderly at home and in the communit3, the Medicaid regional rate. taxpayer dollars, is
$9,700 a month per person. Coming out of our state, local and count,~ taxes. So I think xxe have a tax
impact tbere, too, Ibnt we bare got to realize and I reall3 encourage the Board to pass this legislation
tonight. I think it is important that we keep the momentum going to help this conmmnity take care of
the people that live here and are here noxx. Thank xou.
SUPERVISOR HORTON: Thank you. Karen.
MELANIE NORDEN: Hi, Melanie Norden. Greenport. Somebody said earlier tonight that it was a
shame that xx e were all fighting against affordable housing. And one of the tilings that makes me so sad
abont so many of these discussions that so many people come to is that it immediately becomes
polarized. Either if yon are for the environment, then 5ou are obxiously against aftbrdable honsing and
neither side kind of really listens to each otber and in tact, [ think that really comes in part because the
legislation is so vague. Nox~, let's look at parpose and intent. Pnrpose and intent gives tis the
impression that in fact, the Toxin of Southold has actually adopted the various comprehensive planning
docnmcnts it rctlers to. In point of lhct, yon haven't. Toni could lell tis about the histor5 of the Blue-
Ribbon Conmfission, it is dead in the water, 80%-60°a. None of it has been adopted, fhe SCI$, look
at all of the planning documents. We don't have a master plan. We haven't adopted those documents,
xxe haven't agreed on goals. Philip Beltz says density is a concept. Density is not a concept. Density
is a definitive planning tool. \Ve can mark density. Tom says he doesn't have the numbers iii front of
him aboat hoxx many things we can build iii n hamlet area or how ninny things we can build in a
residential blah. blah. blah. \rou don't haxe the numbers becanse the nnmbers don't exist. Because the
Tox~ n Board doesn't haxe those numbers. Now. the reason x~ by it sounds polarized on ~his side is that
v,c talked about the 2% money, we talked about our goals bnt there are no goals. I mean. let's get real
gu,~s, you have adopted no master plan. Yon baxe no blneprint lbr the future, in fact. you nexer ask
any of us to drive from one town to another out here if we didn't baxc a map at our fingertips but we
\axe no blueprint. [ mean, environmentalists or people care about preservation get up and xxe talk
abont open space, xxe say to you. xxe understand what 5our intentions are. your intentions are fine.
FebruaD 1,5. 2005 35
Public Hearing--I'ransfer of Development Rights
You `.xant to uphold this and that. The culture and historic character. But there is absolntely no
definition about what any of that means. And that is why it drives a `.~ hole lot of people craz3 and that
is why' the argument polarize immediately. I am not against atlbrdable housing, but I am for proper
and good solid planning. 1 am not against having apartments itl the Town of Southold above antique
shops, [ ,.`.ould jnst like to know how man.~, how soon and at xxhat rate'? We have no plan tot' grox~th,
we have no numbers that are going to say we are going to preserve 50 acres or 2,000 acres. We just do
not have those numbers, g'e have not adopted them. we do not have the plan and `.`.e have not
connnitted ourselves. Not`.. on the other side, forgetting thc fact that we don't have an3thing that
really speaks to a master plan it/ terms of land use and the future over here in terms or' preservation,
uow we ha~,e no master plan in terms or' affordable [lousing or any other kind of housing. So we don't
know how many affordable districts `.~e are going to have, we don't know where we are going to put
them, `.xe x~.ant to talk about a legislation xxithont knowing that and we are saying yon can build a t'ew
apartments itl Southold. maybe even build 2,000 apartments. We have one poor guy running
afli~rdable housing, no capacit3 for enl~rcement, now we are saying we are not just going to have a
district. `.`.e are going to have thousands of apartments strewn all over the north fnrk that mine of us
could ever possibb manage to entbrce. Who is to sa3'. the landlord says. okay, I will do it affordable
for a 3car or t`.~o and then he raises the rates. This gu.~ is going to go out and check on tile 4,000
apartments lbr the Town of Southold? There is no capacity, no idea of enforcement. We are now
hat lng nnmanageable aflbrdable housing cxerywhere, above antique shops, abo~e restaurants, behind
this. a little shed here, we don't know hot`. man.~ units we xvant, we don't kno`.`. `.~here we are going to
place them. in ~`.trat toxin, xxhat it is going to cost, how we are going to entl.}rce it. itl short. I really
think that all this legislation has a good intent but it is only intent It has no legs. it has no specificity
and tire hard x`.ork of plauning hasn't been done. So. you are floating legislation that doesn't define
our I'ulure and then you arc sa5 lng to us. oh, we are against this and that. we don't xxam to really, you
know, we are against affordable housing, we xxant a future that is defined and planned. [here is no
plan here. The goals are merely goals, tile intentions are. it is just gobbledygook, without real
legislation to back it up. No,.,,. you all know and we know there is no master plan. [ don't knox,, xxhat
.x ou gnys want to do, if you `.`.ant to preserve 80% of the land or ii' you `.`. ant to preserve 20%. [ don't
see a master plan and in fact. l don't know what land has even been appropriated for sending credits
and receixing credits. We haxcn't even defined. We have said we are going to send ~he credits, but
from where to x`.hcre? Where is it going, where is it going to'? How many, hoxx soon'.' When'? And
this concept of not having a plan tbr groxxxh, we see the gro`.xth everyxxhere around us. somebody `.~as
sa3ing. Charlene Edwards `.xas sa3ing earlier, xxe see all these honses. Everybody sees them
evervx~here. There is no plan. And when xxe stand up here and we say xxe xxant a plan, [ think that's a
desire to be respected. And when `.~e sa5', we want to knott, l'om, how many affordable nnits you are
talking about, that is a very reasonable question and if you gu3s don't ha`.e the ansxxet', just tell us. "xxe
never thought about it. `.`.e don't have tire answer." We don't knott how man3 this 5ear ~r next year,
we just know that we need them and xxe just hope that you will kind of go along with it because it
makes sense. But that is tile `.`.orst possible kind of planning because it is no planning at all. It is .just
an intent that satisfies the idea of a social or cnltural or public need `.`.ithout a fltlly defined definition
of .xou kno'~x, what xxe arc really talking about. So until 3oa can tell tts hoxx much xou xxant to
preserve and where, what acres when and on `.`.hat time table, with xxhat map and blueprint for the
future and hot`. many altbrdable units 3ou want and x`.here 3ou would like to place them and whether
the3 are going to be townhouses or apartments or over antique stores or single fimfily homes, it xxould
reall3 he helpful for yon to go back, re-~`.rite the legislation and create the specificity that is demanded
to plan our fitttu'e. Otherxxise our future is held hostage to social and good intents xxith no thorough
FebruaD 15. 2005 36
Public Hearing Transfer of Dexelopment Rights
going planning and specificit>. So I see no xxay in whicll you can possibly xote on legislation that is
this sloppy, this undefined, this unplanned, this lnischaracterized: simpl3 on the notion ttlat you want to
do something good tbr a l'ew people. Because doing good tbr a few people is going to be doing bad tbr
all of us, including those t'ex; people. We are talking about a future that demands planning, we have
seen what has happened to all of kong Island. Ex eryxxhere west of here. Everybod3 might have had a
good intentions. There is no land left. lhere is no affordable housing left. And there is nothing left.
There is not open farmland, there is not agricultural land. And as far as saying, xxc have 29% of
,-,eniors in our area. every resort community in America has that demographic. That is not unique to
Soutbold. And xxe do have a problem oat here with affordable housing but xxe are not going to solxe it
on the back of poor planning in terms of oar environment and our heritage. Thank
SUPERVISOR HORTON: Thank yon. Melanie. Mr. Penn3. Then I xxill go to the back, 1[ see >ou back
there, sir.
GEORGE PENNY: Hi. good evening. George Penn5' from the hamlet of Southold. l just, I wasn't
going to speak tonight becanse everybody pretty much has said everything that can be said on both
sides o1' tile issue and as you knoxx, l mn in lhvor of aftbrdable housing. Affordable housing was
drafted in 1987 and 198§ and was incorporated into the Toxxn master plato xxhich I voted on and I was
one of font xotes itl 1989. so 3'es. there is a plan. I have heard this over and over again so many limes
at Toxxn Board meetings. I think that the Town should make this document axailable, the background
studies, tile summar3. all of this should be readily axailable, l lnean, it is part of the public record and
ever> 'lox~n Board member that comes on board should have one antil it changes. It hasn't changed, it
is tile same one since then. it sets the criteria for affordable housing, it sets tile goals tbr affnrdable
housing nnd it places the deciskm on all of this in tile hands of the existing Toxxn Board. So when >ou
sa5'. whal are the numbers, tile numbers are x~hat tile Toxxn Board feels tile> are. How many units do
you need'? As many as tile Town Board feels you need. kJnfortunately, tbr the last 13 >'ears, Toxxn
Boards haven't been able to cope 'Mth this. Every time that this gets mentioned, it gets trashed, much
like I heard tonight. Do we need more studies, do we have to do this. do we have to do that. il is going
to ran doxxn the neighborhoods Take a drive around. There is at least 200 units in Southold Town of
people that have been living there since the early 90's. they have been in there, probabl> most of them.
for 10 and 12 lears, lfxxe wait another 10 or 12 lears, that is one xxhole generation of Sontholders are
going to miss the chance to live in their town. and I just hope that you guys can moxe ahead and that
this is, as it seems to be, an honest effort to start up in the right direction. But as xxe all know, I don't
think >ou will see the results of this. probably lbr another two or three years. So the timing is right.
Thank > ou.
SLIPERV[SOR flOR[ON: Thank >ou. Mr. Penny. Mr. Dinizio.
JIM DINIZIO: Jim Dinizio. Greenport. [ have to agree with Mr. Pe~my. You knoxx, there is a plan and
tile plan is in >otn' code book. the zoning code of this Toy, ri. and you are jast extending a little bit of
that plan. You arc reacting to tile histor5 of that plan. we are talking about tx~o acre. one acre,
whatever xxe have. RO. the limits are all set in the amount of zoning that you have currently. 1
understand abont the AHD. Again. il'tile resistance to the MID is xxhat >ou hear toda>, imagine when
someone actually gets proposed. I don't knox', of an> place in Sonthold Toxxn that is going to, you are
just going to have a ~hole bunch of brand new connmmity actixists in an3 place where you tr> to get
an AHD district in and I just don't exer see it happening. And certainly the Town hasn't been [leading
February 15. 2005 37
Public Hearing Transfer of Dexelopment Rights
in that direction for the past 20 >'ears. Okay'? It is going the other wa>', it is less and less growth. And
this onl.v helps, only takes advantage of\\hat we haxe been doing lbr thc past 20 yenrs. We have been
preserving land. You know. nox~ it is time and we see. 5ou know, our children are moving out. [
mean, I ha',e a son that is going dox~n Saturday. he is taking the test for Montgomer5 Count5 police
officer. He can't al'Ibrd to live here. He works fur me. I can't al'Ibrd to pa> him to even live in an
apartment, let alone a house. And he is getting old enough nox~. ~xhere, 5ou knox\, he has got to go.
You knox\, he has got to go do something, go out on his own. And I hope that that's what he does and
[ haxe a daughter that is iii law school and I don't cxen see her being able to aftbrd a house here. not
with thc bills she is going to haxe when she is done. So you ha~e got to do something and this is a
really good step towards that. And honestly, yonr limits are your zoning and the zoning is there, has
been there and yon all dealt with that when >oo came up xxith this docnment. And apparently, it is just
not clear to sonic people. That either they need to be more involved or the5 need to know the history
of the 'lown. I mean, [ am tbrtunate enough where, I have been inxolxed lbr a number of years and sat
through many. many. many meetings, certainly on altbrdable honsing since l started probably 25 years
ago. It has come up, it has come np and really, you knox;, ~e have tried some things and they have
been nice. High Point was nice, you kno~x. Cedarfields started out as an aftbrdable and 5ou knox,,' but,
~e are to the point now and I am a conserxatixe, \\here you know, this law that Mr. Beltz wrote tip, to
me if l bad seen that 10 years ago. I would bare flipped. You know, government invol~ed in pricing
and controlling of houses in Southold Town, yon kno~v, but xxc all bax e to compromise and 1 think this
is a greal compromise and I nrg¢ Sou to pass this lax\. fhanks.
SUPERV[SOR HORTON: Thanks. Mr. Cooper.
DOIIG COOPER: Good e~ening, ladies and gentlemen. Doug Cooper l'rom Mattituck. I strongl.~
support this legislation. I commend the To~xn on its diligence. [ realize that there are a lot of lear
mongers and doomsa?rs, I urge you not to pay heed to them. I get the sense t'rom this Board that you
are moving ahead, not in a race but in sloxv deliberate study and planning and moving ahead. And yon
xxill thce the challenges that come to you and you xxill solve the problems and the questions as they
come. This is very good. fhis is better than burying yonr head and studying a problem tbrever and
ne\er doing anything. So I commend you people. You have a challenge ahead and you are moving
ahead and lhcing the future. Congratulations and keep up the good x~ork. Thank you.
StTpERVISOR HORFON: Thank you. Yes. sir. In thc back.
KEVIN O'MARA: I am Kevin O'Mara fi'om Cutchogue and also part of the Oregon Road
Preser',ation Association. [ think affordable housing is definitely an important pan of the Town and [
think we all support it. one of the things that l think many of us xxould like to see is using this need as
part of a broader preserxation goal. [Jp on Oregon Road, for instance, there is currcntl.~ a number of
de\elopers who are acti'~ ely slicing np farm lields and tr5 lng to tunl them into some of the, you knox,,
enormous houses that everybod> has been talking about, l'hose houses are what drive up the prices of
cver.x tbil~g else around it and until the l'ox~ n really sass that there are certain spots iii the I'oxxn that we
are going to protect, that there really is not going to be thc abiliLx to have that kind of affordable
housing in the Toxin of Southold. Are there any plans to expand the -IDR program to trul> preserve
new farmland?
February 15, 2005 38
Public Hearing Transfer of Development Rights
SUPERVISOR HORTON: Yeah and I flfink that is, there are and there is genuine interest across this
dais here and I think there is broad interest in tile commanit5 and 1 think it is going to be a lot of heaxy
lifting but [ flfink it is heavy lifting that x~e have to do and I think that is something that we as a
communit.s can xvork together and achieve, .x cs.
MR. O'MAIL~: Okay because as I said, right nox~ there are parts of the toxin that are really under
attack, l mean. some of the dexelopments for Oregon Road are looking to sell t~o acre parcels at
$300.000 and those are non-Sound front. Jnst thrm property. And that is certainly not aflbrdable
housing.
SUPERVISOR HORTON: With deeded rights to the Sound beach. 3'es.
MR. O'MAILA: l am sorry?
SLiPERVISOR [IORTON: With very close proximity to the Sound.
MR. O'MARA: But not on the Sound. It is a fam~ field. And those are, in some cases, they are
actixely l:anned properties. It is going to eliminate the abilit.,, tbr fat-mers to expand their l-~nns. It xxill
eliminate the ability for vine,~ ard owners to expand their x ineyards. When properties are selling at that
price, it just put all the family farms, as well as aflbrdable housing out of business in the Town of
Somhold. So. I guess we wouht urge, fi'om the Oregon Road Preservation Association, that 5ou really
lbcus on that. I mean. ,~ou mentioned that you have been looking at it fnr 25 years...
SUPERVISOR HORTON: \Veil, I haxen't.
MR. O'MARA: Well, the Town, not you personalb. But now might be a ver5 good time to start
focusing on that point, before further danmge is done.
SUPERVISOR HORTON: We are focusing on that point. And it is. as l said. it is a tremendous
amount of heavy lifting and ~e are committed to it.
MR. O'MARA: Great. Well. we are here to help.
SUPERVISOR [IORTON: Thank ,~ou.
MR.O'MAP~A: Thanks.
SUPERVISOR HORI'ON: Indeed. Mr. Yakaboski.
GREG YAKABOSKI: Greg YakaboskL Southold. Did the Suftblk Count.', Health Department
comment or have 3 ou worked with them to kno~ that this ~oald ~ ork?
SUPERVISOR HORTON: '/'es.
MR. YAKABOSKI: ls it in writing?
February 15. 2005 39
Public Hearing --'[ransfer of Dexelopment Rights
SUPERVISOR HORION: 1 am not sure...
[',IR. YAKABOSKI: I looked at the file todas, l didn't see anything.
I'OX, X,~ AF'I ORNEY FINNEGAN: No. We met ~xith them and reviewed the legislation ~ith them.
SUPERVISOR IIORTON: Yeah. xxe asked Vito Minei and Walter...
MR. YAKABOSKI: But yon have nothing itl writing from the Health Department about ~hat you are
going to cio'?
SLIPERV[SOR HORTON: l'hcre may' bc correspondence t'rom them. I don't knox~ off the top of mx
}lead.
MR. YAKABOSKi: Okay. 'File 60°i,. l'om...
SL/P[:RVISOR HORTON: And if there is. Greg. you can call my office and I will tr5 to lind ....
MR. YAKABOSKI: If yott can send il onl to tqnc. that x~ould be great.
SUPERVISOR HORTON: :\n-x correspondence, give a call and we xxill tr.', to get it to -xou.
MR. YAKABOSKI: [t is jnst that, [ knox~ that it is critical, thnt one of thc rensons thnt you are
~xorking lbr this is to deal xxith the sanitar5 flox~ credits, the restrictions put on by the Health
Department.
SLIPFRV[SOR HORTON: Right.
MR. Y:\KABOSKI: It seems that one of the logical things to do before you make a decision is to
make sure 3ou have that in hand. that is all.
SUPERVISOR HORTON: Mr. Yakaboski. as 1 said...
COUNCILM:\N WICKflAM: We ~orked x er3' closely x~ ith them.
MR. ",rAKABOSKI: l just hope 3tnt haxe. Fbat is all.
SUPERVISOR HORI~ON: Grog. You sa\ that yon hope that we haxe and I am telling 3on. that
myself. Patricia Fim~egan the Toxin Attorne5 and. ha~e worked with Vito Minei. You know Vito. give
him a call. he will tell 3ou that he has reviewed this and worked with us on this.
MR.Y:\KABOSKI: ltisjust...
SUPERVISOR HORTON: So. tile answer is 3es. Tile answer is .xes. we have.
MR. YAKABOSKI: I think that you guys have....nothing in xxriting?
Febraary 15. 2005 40
Public Hearing--TranstTer of Development Rights
SUPERVISOR [IORTON: No. There n)ay be. as l said.
MR. YAKABOSKI: Not in the file. Do we agree on that? Not here tonight, in the file. in wriling.
COUNCILMAN WICKHAM: We will h)ok in the file.
MR. YAKABOSK[: It is not there. I went there this aftemoou.
S[rPERVISOR HORTON: Okay.
MR. YAKABOSKI: 60% density reduction goal of tile Toxin from the Blue-Ribbon Commission. Is
that still on the table'? That is where some of my comments are coming from. Is that still something
tile Board is putting all these, all yonr tools you are doing and all tile actions you are taking, is that one
of the tests? Thc Board is still ptttting one of the measures of the actions'?
SUPERVISOR HORTON: [ xxould sa.', that the 80-60. as it is defined in the conservation subdMsion.
would naturally appl5 to AC and R-80. is a broad sense of the Board.
MR. YAKABOSKI: \Vhat xvould the numbers be from the start. Toni. there v, asa nun'tber, that 60%
gets reduced to a number. A hard number of hox~ many more honseholds, or housing dwelling units
you can have in town. What was that number?
COUNCILM:\N WICKHAM: Let's talk about the 80%. We are talking about an 80% preservation
that is ou the order of 6,900 acres of at risk farmland, another 39 acres of at risk open space and 3 ou
could work ont the uumbers of xxhat an 80% preservation would be on that. L one of the points of the
discussion that )ou and [ haxe had oxer the last few .','ears. is your wish lbr the Towu to adopt a finite
number tbr all of that. My approach, just personally speaking, is not to have a finite number but to see
that exery year that we go tbrward, we maintain x~ithin that ceiling, l'hat xxe dou't develop at any
tb. ster rate than xxould, so thnt all of onr developments xxe are preserving at least 80% of the famdand
and thnt all of those developments, our density reduction is at least 60%.
MR. YAKABOSKI: I recognize that. Tom. Yon have been xery cousistent, l think that I would
snggcst to the Board that with the hardcore infim'nation, the actual facts, and that is probably the theme
of what l am drix lag at tordght. Iarn concerned that some of the ansv, ers the Board is giving v, ith 'I
dou't knox, s'. with the legislation. ]7hat concerns me that a decision nmking body is up there. ~e don't
ha~e tile Pacts aud I would hope that tile decision making body had those facts prior Io making a
decision. I am not sa3ing it is a good decision. I am uot saying it is a bad decision. I am just hoping
x ou ha\ e the thcts in front of 5 ou befure yon make the decision, which was tn5 point earlier about the
hamlet centers and halnlet areas. Untbrtunatcly. we read in the paper at times that. oh. the Board is
going to do the TDR progranr or the sanitary flox~ credit and move the density into the hamlet areas.
The point l xxas trying to make is that to lne it is a little misleading because there is no delinition iu tile
Fown ('ode of a hamlet center, there is no definition of a hamlet area. If tile Board bad simply left
those two words, those tv,'o phrases, out of this legislation and out of the SE(,)ILA and .-.imply said ,o.e
are going to put it into these zoning districts, my earlier comments. I wouldn't haxe had therr~. [ think
it is fair to the constituents of the commanity to simpl5 come.x to them that these don't exist, as per
Tom said there is a meeting coming up on thc 24th. v, here 5ou are going to actually decide xxbat those
Febrnary 15. 2005 41
Pnblic Hearing--Transfer of Dcx elopment Rights
are. It comes across wrong xxhen you nsc the words, x~hich don't haxe any meaning. Right uow, if [
put fix e of 3 on down on the zoning map aod had a map of the tox~ n out, [ bet right noxv you guys, five
of 3oo could not come np with the hamlet area attd have an agreement of the definition. That is not
meant to critique 5ou because it is a tough thing. It simply sabs, it is not done 3et. Please don't be
sloppy with 5'our language. Words haxe power. Don't be sloppy xxith your language, don't be sloppy
with this decision making process. That is all I ant suggesting.
SUPERVISOR HORTON: Okay.
COl INCILMAN \VICKHAM: l don't see ansthing itt this legislation that talks about hamlet centers.
MR, YAKABOSKI: The SEQRA analysis had hamlet areas throughout it. [hroughout it.
SUPERVISOR HOR'I ON: Okay. Your point is well made. Mr. Yakaboski.
MR. YAKABOSK[: Okax. And that is kind of what I was sa3ing with the Snflblk Count,~ Health
Department. 1 am glad that 3ou went to talk to them..'&gain, be tight abont 5'our decision-making. Be
firm about ?ur decision-nmking. :lave those people locked down. becaase I know the frustration. [
haxe sat there. I watched the frustration with this Board, especiall3 tile Superx isor, deal with them in
trying to get things across attd run iuto that sanitary flosx thing.
COUNCILMAN WICKHAM: Good advice.
MR. YAKABOSKI: So betbre a legislation is put tbrth to the community, with covenants and
restrictious that are not dcfiued itt here. that says, hey the Heahh Department is going to be on board
with this: right now Bill cannot tell me definitixely the Health Department (inaudible), the Health
Department is on board. Dan can't tell ille that.
SUPERVISOR HORTON: No. you are wrong abont that.
COUNCILMAN EDWARDS: No, yon are xvrong.
MR. YAKABOSKI: You have it in x~riting.
SUPERVISOR HORTON: No. the other thing is. Nit'. Yakaboski ....
MR. YAKABOSKh ltl writing, that is all l am asking. 1 am not trying to .,,'ell.
SIJPERVISOR HORTON: Mr. Yakaboski. xxell, yon are ....
MR. YAKABOSK[: Well, [ asked if l was talking too lood, so.
SUPER\"ISOR HORfON: It is not too loud, it is .,,'our yelling. The, a couple of things ~hat you knox,.
first off. the Health Department has revie~xcd this and made several recommendations that we have pnt
into this and they may be in writing, like 1 said. I have got lnore ....
February 15, 2005 42
Public Hearing~ransfer of Development Rights
MR. YAKABOSK[: l can only rely on what is itl tile file.
SIIPERVISOR HORTON: I understand that. Yon don't need to reiterate that again, l'hc amount of
memos that I haxe in m3 office is incredible, as you might know because I remember right before
left here you were carrying boxes of memos out of the office. The Health Department doesn't have
zoning attthority in the Town of Southold. The l[ealth Department doesn't \\rite lax\ irt the Town of
Southold. So..xes. practically speaking, the Health Department, it' this is something that ~hey would be
involved with one step or another through the process, you obviously x~ant to have them m on tile front
end. sa3, if xxe complete this or we moxe ahead with this, with this work with. you kilo\x, with your
office, you have to do that and we haxe done that.
MR. YAKABOSKI: To say the Heahh Department doesn't have zoning is technically correct but
thctually' incorrect. They have (inaudible) zoning, which is xvhy the Beninati bnilding next door can't
have why5 ou need this.
SUPERVISOR HORTON: Or tile authority to xsrite...right, exactly'. But the\ don't haxe the authority
to xxrite law lbr the Southold ['oxsn Code.
MR. YAKABOSKI: One of the reasons. Tom, I keep coming back to the 60% and the 80% and asking
to reduce that based on the actual acres or the number of honsing dx~elling units to hard numbers
versus percentages, is x~hat thai provides is an objectixe test. A clear standard that .xoa can put up to
exerybody. Foxxn Boards, future Toxin Boards, community members, hoxx are xxc doing? How are we
doing? On the 80%, you rednce that to hard number of acres, 3ou only ha:e, sa,',', 6.000 acres, to
prescrxc 80% of. So as .xou lose some acres, 5ou haxe got to be gaining more, if 5ou are losing. So
you have got to watch that. Same with tile 60%. It can be reduced to a hard core number of household
dwellings. So. if that is a defining goal, or a limiting goal. a litmus test, in xxhat you are doing, one
thing thc Board might want to have in hand is hoxx the actions x~e are taking effect that litmus test. If
x~e cml3 had 1.500 homes in the last three years, [ will make up a number. 250 a .\ear have been built.
we onl.x have 750 left. So now you flox~ into the question, which a lot of people asked earlier. Right
nox~. xxith the sanitary credits....I haxe to digress for a point. Josh, ,just to be clear about one thing in
the legislation, you mentioned it before that it only deals with open space and I understand ~xhat you
meant b3 that, not from the fimnland. The legislation in no way makes any distinction between that. [
understand xx hat .X ou said ....
SLIPERVISOR [tOR~fON: Right.
MR. YAKABOSKI: .... but just. it doesn't exist in the legislation.
St IPFRVISOR HORTON: Yoa are correct.
MR. YAKABOSKI: So. how many sanitary credits, sanitary flow credits, are going to be coming off
those acres'.' And that is solne information with the GIS sy stem, with John Sepenoski, with the work
alread3 done, which is not that far axxa.x. And that is some in['ormation, Louisa and Bill, that yon folks
have the abilit3 and Dan, to get the inlbrmation from and deliver it factuall.x to tile folks that are trying
to make reasonable comments here. Dan and Bill, I thought then x~hen 3 ou gnys were elected yon had
some things. 3on were going to do monitoring, you were going to ha\ e some reports coming oat.
Februar.~ 15. 2005 43
Public Hearing--5 ransfer of Development Rights
COUNCILIXlAN WICKHAM: We have.
]5, IR. YAKABOSKI: And if the5 are here, that is great. [ dou't' knox\ where they are. That is terrific.
SUPERVISOR HORTON: Right. but that is not the public hearing.
MR. YAKABOSKI: But the point is, it is monitoring and you can get the factual data Io tile tblks, to
the communit? on what's going on so the) can make informed comments here tonight. Right no,x,
people can't make informed cmuments. If .sou gu5 s had them l inaudible} I don't think you did the
analysis.
CO[INCILMAN EDWARDS: Greg, those reports are produced by John Sepenoski xxho was in here
earlier.
MR. YAKABOSKI: Oka.,,. [ \viii touch base.
COl INCILMAN EDWARDS: l'hey are produced on a quarterly basis.
MR. YAI>L, XBOSKI: Do the5' help you then x~itb the sanitar.~ flow. would they shoW? Or is that just a
different report?
SUPERVISOR HORTON: If we generate some sanitary flow. they xxould obx iously be reflected
there.
MR. YAKABOSKI: Would it be. could [ make tile specific request then to the Board members, that
prior...
SUPERVISOR ftORTON: You can make whatever specific request you want.
MR. YAKABOSKI: .... that prior to voting on this, ~ tm conld simply generate those umnbers and give
to the constituents that ini~'ormation? Again, not that it is going to undermine the legislation. [
anderstand x~hat 3 ou are tr3 lng to do.
COIINCII.MAN EDWARDS: Greg. we have not since you left. closed a fee-simple deal and these
have to be fee-simple deals, I am not sure if we baxe closed on the Reese piece 5'et. that inxolves,
could inxolve sanitary flow credits and tile Reese piece does not inxolxe sauitary flow credits. ['he last
piece that xxould have had a meauhlgful impact on sanitary flow credits was the McGomfigle piece.
MR. YAKABOSKI: I guess what. not the ones you closed on but right now. out there in town there is
a certain amonnt of acreage. Il' you meet 5 our open space goals, to preserve and the5 are going to. off
those acreage, a certain amount of sanitary ilow credits exist. JuM to disclose what they are. ['hat is
all.
CO[INC[LMAN EDWARDS: We bare an acreage goal but that acreage iuc[udes and is largely made
up of developmeut rights purchases ou agricultural lands, which don't contribute to sanitary flox~,
credits.
Februar5 1_5.2¢}05 44
Public Hearing Transfer of Development Rights
MR. YAKABOSKI: Again, but that information you gaxe me doesn't help me make informed
decisions and informed questions to you folks to ask. All I am trying to ask is, what other folks ha',e
asked earlier, is to deliver the fi~cts. I think what you are running into. well, I am specifically pointing
oat, is a t~actual questiou. ~'hen >ou nmke decisions. > ou need to make good decisions, you need facts
and right no\,.. I am not hearing thc lhcts coming front the Board. Fhat is not a critique to say. bad
Board.
MR. SIt:GMANN: If rom audiencel Point of informatiou, Mr. Chairman...
SUPERVISOR HORTON: Actually Mr. Siegmatm. I would...
MR. SIEGMANN: A parliamentar> rule. somebody is allm~ed to ask lbr a point of information.
SUPERVISOR HORTON: Not at this point. [ would like to let him ....
[',IR. SIEGMANN: He is repeating thc same thing over and over. How many times do we have to sit
here and listen.
SUPERVISOR HORTON: If we could allow him to...
MR. YAKABOSKI: The other thing I woald like to address, which I know is a big issue, is affordable
housing in tox~u. And we go back to ob.}ective standards. This is to the whole Board. What makes a
tmxn affordable? For example, if there were 12,000 housing, dx~clling anits in town. right now, Josh
mentioned earlier. I think $49.(100 is the median income from the last census. I read the Chapter 98
about the income eligibility, it is all bnsed on income eligibility. I read something that Sutlblk Count>'
National Bank has worked with thc Supervisor, $g5,000 combined household income is the limit. So I
will take that number.
SUPERVISOR HORTON: I xxouldn't, becaase they xvere two different programs that they xxere
working with.
MR. YAKABOSKI: $70.000 I will take as an income level. Here is my question. [f, ho~ man3'.
3.000 of the dwelling units in town right now are carrently occupied or owrted by people who meet
that $70.000 income threshold, is Southold an aftbrdable town? Does it have to be 6,000 units? 7.0(}0
units? 100 units? In other words, you can establish an objective test of how many dwelling units you
can have in toxin >ou ~xant to have tbr affordability. Once you haxe an objective test. not wishy washy
numbers, then 5ou decide how are we going to fill those. And \',hat you heard tonight, >ou are going
to hear a xxide range. Yoa are going to hear senior housing, you are going to hear work-.force housing.
Yoang. old. you are going to hear exer?thing. But without that objective test and I think it is
imperative upon the Board to establish that objective test. because I don~t know the answer, what
would make aflbrdable? [s it 2.500 traits, guys? Under the current income eligibilit.x guidelines, set
forth b> this Board and other Boards ....
SUPERVISOR HORI'ON: We x~ould never seek to create units that. take for example, if there were 52
people that were. that made application to Philip's office, that said. you knmx. we are in need of
Febrnary 15. 2005 4-5
Pnblic Hearing--Transfer of Development Rights
t~onsing and this is my iucome attd this is xxhat I can do and you know. I am looking to purchase a
home. I need to rent a home. We would never seek to create more units than there is a need for. But
that need is going to grow and change over time.
MR. YAKABOSKI: To go back to a point Mr. LaRocca made earlier, )ou are not going to build out
of this need. So Josh, in other words ....
SUPERVIS()R HORTON: Which is why this ....
IX. IR. YAKABOSK[: ...how many people...
SUPERVISOR I IORI'ON: .... is so interesting because it also enables us lo use existing stock ....
MR. YAKABOSKI: How many people. Josh. I mean...
SI ;PERVISOR HORION: ... lbr apamnents in the doxx utown areas.
MR. YAKABOSKI: If xxe had 7.500 units. ~ould we still need morc aflbrdable units'? Because
eventually the resources of the toxxu, of the community, to people taxpayer dollars, go into the other
aspect of affurdability. The other aspect of aflbrdability is xxhat it costs to stay in toxxn, and if you
keep focused oul3 on one aspect, xxhich is the get in price, the housing price. I would submit to this
Board that it' .~on h)oked at the census and looked at \our income eligibility guidelines, you probably
have betx~een 3,000 and 5,000 dwelling uuits in the town right noxx. that meet those guidelines. I
xxould submit, that is a guess on my part, but the informatiou is iu the census. [ would submit that
perhaps the biggest problem is those people leaving town. And what can be done to help with that
aspect, versus ne~ people coming in. I am not against new people coming in, do not, that is not ~hat 1
am sa3ing. I am simply saying there is a balancing act and right now all the fncus is on nexx units
when. and again. [ don't know what that test is but b3 not saying that test. it just keeps going, people
keep spending time and money on this.
SUPERVISOR HORTON: Okay.
IXlR. YAKABOSK[: If .,,ou are going to vote on this touight. I have more specific questions in the law.
If you are not going to vote tonight, I will snbmit my comments in xxriting.
COUNCILMAN WICKHAM: Is that a promise?
MR. YAKABOSKI: No. I mean, I x~onld go through. [ x~ould jnst make ....
SUPERVISOR HORTON: I think that it is the cousensus of the Board that there has been a
tremendous amount ....
MR. YAKABOSKI: That gets m) \otc. It is fair.
SUPERVISOR HORTON: Would you let me finish, Greg. You and [ haxe had this. 5ou know. over
the time ......
February 15, 2005 46
Public Heariug lransfer of Development Rights
MR. YAK:\BOSKI: Two people who like to talk a lot.
SUPERVISOR HORTON: ...and you are a resident and. you know, I am here to receive your input but
5ou bare to let me finish. It is a long-standing issue in our relationship, Greg and 1. We worked
through it. though. I think it is the sense of the Board that there has been a lot of input from the
comnmnity and there have been some valid questions raised and that I think xxc x~ould xxant the
opportunity to consider, after reviewing the record, xxhat the input was and are there xxays that we can
improve this code.
MR. YAKABOSKI: You will have the remainder of tn5 continents, except tbr one, in writing. The
last question xxould be this and just to pose a question to the Board to consider. I looked at the income
eligibility guidelines, l looked at xxhat the Board was trying to achieve itl its Chapter 98. which talked
about EMS workers, life-sa\ ing workers, the fire departments, the folks that really top the3 were going
/br. Right now, this is au indirect means to try to get aflbrdable housing. One thing I hope the Board
would consider, is going directly, perhaps buying a piece or acquiring a piece of propert.,, in each
hamlet, putting 50 to 100 apartments on it and bare criteria on it, that specifically goes directly, the
Foxxn runs it, the l'o~n operates it, if the Town is concerned about operatiug it. 3ou can hire
management companies. 5-6 % of gross, to run it lbr xou. It goes directly to the heart of 3our problem.
You can consider putting covenants and restrictions in there x~ere tblks have to be an EMS. have to be
in the fire department. If they leaxe, they are out. It goes to ~xhat, [ am basing in>' comments on what
the Board has put in town legislation. And \,.by go roundabout? Go right to it. ,lust go r~ght to it.
SLiPERVISOR HORI'ON: So, you are requesting that the Board buy propert5 it/ each hamlet and
create 50 to 100 apartments, is that what I am hearing you?
MR. YAKABOSKI: That is a rough idea. yeah. But directly go to it. Why not? Because it ~xill get
you ~x hat you are looking to do. without roundabout hoping it happens.
SUPERVISOR HOR fON: Okay. Thank you.
MR. YAKABOSKI: Thank you xery much for your time tonight.
SCOfT HIGEN: Good evening, Scott Higen from Mattituck. Everybod3 [las sort of echoed the
questions that I had tonight, except l keep hearing the same thing over and over. I keep hearing about
our children and people xxho xxork in the town. Are xxe suggesting that this aflbrdable housing is only
open for those people ....
SUPERVISOR HORTON: Yes.
[',IR. I llGEN: ....or is tbis open to ever3 body?
SUPERVISOR HORTON: No, it is open. we have vet-3 strict criteria that eligibili~3 is based on
residency in the Town.
MR. HIGEN: Is that legal'?
February 15. 2005 47
Public Hearing-- fransfer of Dex elopment Rights
SUPERVISOR HORTON: Yes. It is entirel5 legal.
MR. HIGEN: That can be done'?
St rPERVISOR flOR FON: Yes.
MR. HIGFN: So somebody frmn another town can't come in and sa>', listen. [ would like to get a
house or an apartment bere in Mattitnck because I like it and we can say no, .'.ou can't because you
don't ....
SUPERVISOR HORTON: They could certainl5 appl5 but there is a priority system that makes
residenc5 the first eligible population and I beliexe the second, off the top of my bead. I
beliexc....cxcuse me. Mr. Yakaboski. ]'he second priority population would be. l believe it is first live
in the town. tile first is live and work in the toxin and live in the town and xxork out of toxin, work in
the toxin bnt live outside the toxxn. For example, Peconic Landing, have several people that work there
that live fi'om up the island. I believe that is the third or tbnrth priority population. So l think it is very
sate to sa5' and with every bit of confidence, this is aft'ordable housing bas been defined or Ihe need has
been defined as to serve local residents.
MR. tlIGEN: l xxork in x~estern Nassau, I live in Mattituck and I xxork 75 miles each way. So 150
miles a day, I do that because that is xxhere the job is that pays the bills so l can pa.',' my taxes. When I
first came to this toxxn, my mortgage right now is $1,300 xxithout taxes. I am now up to St}00 a month
in taxes and that is without the new school coming in. so [ am just xxondering boxx long I will be able
to stay here at the present rate. x~ hen tn,,,' taxes reach $12.000. $13,000 ma5 be $14.000. I have been in
this town for seven years. I haxe seen them go from $6.200 to oxer SI(L0(10. At what point am I forced
out of town? [hat is just something to consider. Noxx I know our schools, xxe look around, l had
family tlmt lived in the Hamptons lbr 3ears, all those big beautiful homes. There taxes xxere dirt low
because the people ~xho lived there were onl5 there four months of tile 5'ear, nine monlhs of the 5ear
they didn't tax the town at all. Tbere were no children going to the school districts, there taxes were
low and you could aflbrd to lixe there. The problem xxas buying a house. No~x. I think xxhat the
problem is not only bnying a house but being able to afford the taxes as xxell, x~hicb you know is a big
part of ex cry body' s mortgage payment.
SUPERVISOR HORTON: Right.
MR. HI(i-EN: So just keep that in consideration. :,,hen we start to think about bringing more and more
people into the area. [ moved here because it ~xas a place I could aftbrd. [ bnilt m.~ house nr5'self.
Every night after work. after working all day. /bt a 5'car and a half, so I could afford to live in this
toxxn. I'd bate to be pashed out of it.
SUPERVISOR HORTON: Right.
MR. HIGEN: Thank you.
SUPERVISOR HOR tON: Likexxise. Thank 5ou. Julie, from the Farm Bureau.
Febrnar.~ 15. 2005 48
Public llearing--Transfer of Development Rights
JULIE DEBOLT: Julic Deboh, Long Island Farm Bttrcau..And I would like to read into the minutes
prepared comments bx our Execufi;e Director, Joseph Gergela. And then I haxe copies fbr you as
well.
S1 IPERVISOR HOR I'ON: Certainly.
MS. DEBOLf: Long Island F'arm Bureau supports a transfer of development rights program as a
mechanism to plan groxxth, mitigate spraxvl and relocate development to more appropriate areas. Long
Island I-arm Bureau commends Snperx isor Horton, tile Tow n Board. the agencies and individuals x~ ho
bare xxorked on this proposed legislation. While this proposed fDR enabling legislation, xxhich
specifically addresses the transtbr of sanitary flox~ credits for use in affnrdable housing development is
a good lirst step, Long Island Fatal Bureau hopes the Tow n x~ ill expand the scope of its TI)R program
to include not onl? open space preserxation but also farmland preservation. Looking ahead, Long
Island Farm Bureaa encourages the Town to create a TDR program, which encompasses commercial
and industrial development as well as residential development. By including the commercial and
industrial sectors, those business m~ners who bare maximized their lot coverage or who would like to
expand or diversify their bnsinesses and cannot appeal for variance, special use pemfit, etc. through the
cnrrent planning/zoning ax enoes, could provide an excellent catab st to increase market possibilities in
landing FDR credits and thereby proxide lbr the preservation nf more farmland acreage, withoat
relying on taxpa3er funding. By inclnding commercial and industrial sectors, tile TDR program could
benefit tile business conmmnity by allowing tbr economic groxxlh, improve tile Town'~ tax base and
provide additional receixing sites, mitigating concerns of increased residential density. If the TDR
program is to be a market-drixen program which xxill act to preserve land xxhile defraying the cost to
tbe Towo of said preservatkm and land residential de',elopment in the halo zones, it would stand to
reason that a stronger market force xxonld be created b3 having an inclusionary program serving
economic dexelopment, rather than an exclusionary program serving only residential development.
Long Island Farm Bureau encourages Supcrxisor Horton and the Toxxn Board to explore these
possibilities and ~ork to create a viable Transfer of Development Rights program, one which promotes
planned economic, as well as residential grox~tb, while preserving the rural character of Southold
foxxn. So again, good first step, good work. Thank .~ou.
SUPERVISOR HORTON: Nit'. Baiz.
CHRIS BAIZ: Good night. My nalne is Chris Baiz, [ am a resident here in the xillage of Southold. I
stood in this room Mth a whole lot of other people, 18 .,,'ears ago February. 1987, when everybody was
arguing the ratification, shall we sa3:, of an aflbrdable housing district. Nothing has changed. Nothing.
The clerg3 xvere xxell-represented. I'he NIMBY's were well-represented. There xxerc full page ads in
thc Suflblk Times condemning affordable housing district because they were going to proliferate the
l'oxx n of Soutbold. And here x~e are, 18 3ears later, and how many have we succeeded m completing'?
I reall5 find this public forum farcical. I don't, you knox,, we can bean count this thing, you knoxx, till
death [las a hangoxer. And that isn't going to resolve the issues. We have a ver.~ specific issne tonight.
And that xxas sanitary flow credits, primarily focused at these units that arc in the hamlet centers that
conld not be unlocked to use as aflbrdable housing. Basically we conld have these units if the count>
Health Department woold give yon the sanitao flow credit, but you couldn't get it there unless .~ou
transferred it t'ron~ some other piece of land in the town. Is that right'?
Februar.~ 15.21)05 49
Public Hearing--Transfer of Dcx elopment Rights
SUPERVISOR HORTON: I'hat is a good s.~ nopsis.
MR. BAIZ: So this. oka5. this is the argument. And we can't prox ide, 5ou knox,. $600 or $800 a
month apartments because ~x e can't get the flow credits off of other land that we are otherwise buying
thc development rights off of. Other lands that xxe don't buy the development rights off ol: it xxill get
built on. And so, you knox,, xxc haxen't gotten ahead ansxxay. We will still be in the same pot.
obxiously there have been some issues tonight that have been raised and okay. well..~ou know, we are
going to hax e this mad rash of sanitar.~ flow credits, just absolutely flogging there xxay into the hamlet
centers. And hoxx can we ameliorate this? Well, I mean. a suggestion is. for every three sanitary
credits that the Count>' Health Department sa.~s you could get off a piece of land. of open land, let's
say that the Tov~n fDR bank can accept only one out of every three, as an example, or again, with the
so-called issue of the affordable housing district. I had a piece of property that ~as right next to
Southold Villas. that is an affordable honsiug district zone and because my property xxas half in the
half mile radius l¥om the post oft'ice over here and half out. it xxas excluded from being able to put into
an aftbrdable housing district. Again, tile issne is, some have said. oh. this affordable housing district
can bounce all oxer the face of the earth out here (tape change) my suggestion is. oka?. let's just go
right back to the original affordable housing district laxx. xxhich set the first priority that the affordable
honsing district had to tall within tile half mile radius from the post office in each village. And don't
let it go nn5 farther than that and if you. >on know, and this goes right in the concept with your halo
zone concept, that >ou will be obx iously illtmfinating us all with ou the 24th. so. I mean, I don't see
much separation here. There are wass to txxeak this and massage it into place so that ,,xe can unlock
the tied up units here that xxe dn need ibr various resident and working emplo.~ees here in the Town. l
did have some questions here in terms of the cost structure. I mean. you knoxx, the applicant xxho
xxauts to receive sanitar> flor, credits, he has got to pay tYr a SE(,)ILA. rexiex~. \Vhat does a SEQRA
rex iew cost? Is it $500 or is it 5;5.000?
SUPERVISOR HORTON: $750. is ~xhat we...
MR. BAIZ: $750'2 So that is not too much ora bnrden. Fhen, you know. xxhoexet xvould be the
receiver of sanitary flow credits, so he has got to pay lbr it but if he supplying $600 a munth apartment
units tbr rent. you knox,, does he pa5' one price but somebod3 xxho is going to have $900 a month
apartments, affordable apartments available, does he pay a higher price, etc. [ mean. I think these are
some of the things that.jusl sort of haxe to be massaged into shape and to at least gix e some structure
and guideline to. And with these l'exx little tweaks and massages, you know, things become a little
more umnageable and we get a little grasp on the whole ball here, rather than something that nobody
can get their arlns around. And thirdl3, yon have got a good piece of legislation here, it is in the right
direction. [ have alxxaSs feh that you can go out and read all the books you xxant to abont swimming
but you are never going to knoxx il'3 ou can until you jump in the water hole and see it' you can. Jnst
remember, xxe had a whole bunch of people here 18 ,,ears ago ....
SUPERVISOR IIORTON: Chris, Chris. Address the Board.
MR. BAIZ: Alright. We had a xxhole bunch of people here 18 years ago. xxho said affordable housing
districts were going to run rampant ox er the Town of Southold. Okay. And I guess that has already
happened because obviously the saute thing xx ill happen with sanitary flow credits. Thanks.
February 1S. 2005
Public Hearing--Transfer of Development Rights
SUPERVISOR HORTON: Thank you, Mr. Baiz. Mrs. Beninati.
MARIE BENINA['I: Hi, I am Marie Beninati and I live in Peconic and I thought [ would put a face
behind 5'our Whitaker example. A fe;x months ago ~e purchased the \Vhitaker House t'rom the town
and purchased it lbr the purposes of making it our offices. When ~e looked at the g,'hitaker House and
saw the two affordable size apamnents, x~e thought, well. because both of us, my husband and I are in
real estate and we recognize the need for rentals. [ mean, there has been a lot of talk tonight about
bu}ing aflbrdable houses but there is a much greater need and a much greater demand for renting.
There are people out there in this toxin ~d~o have no place to live. I got a call tod% flora an elderly
gentleman ~ho said. can [ rent a one bedroom apartment. Do you have anything? And I thought, well,
[ could haxe something but the fact of the matter is, until some of this legislation gets passed, we
would not be able to provide those tx;o apartments for these people. And he ahnost broke doxxn
crying. I was the eighth phone call that he made. So it is critical. It is a need. it is urgent. I would
urge 5on to go tbmard with this. [ ~ould urge you to. you know. I wonld volunteer my mvn time to
help with identil3'iug the possible number of apamnents in the hamlet area. There is plenty of
possibilities. A lot of these apartments today unfortunately are illegal. And the5' shonld be legal and
they should be regnlated and they should be sale. We learned just the other night thai the Whitaker
House. there were children li~ lng there many years ago and the5 t~ere subjected to lead poisoning. 1
mcan. those are the kinds of things that shouldn't happen and the3 happen when you have illegal
housing. And the alternatix e is not a good altematixe and that is to..~ou know, push these people out of
there homes. So I would ask you to please go tbrward. [ x~ould certainly also agree with the former
speaker regarding studying things to death. An old boss of mine [tad something on his desk that said
'perfection is the enemy of excellence' and you just can't stud5 all the time, sometimes 5ou haxe to act
and 5'es. you will make mistakes, we all make mistakes. But there are plenty of people here in this
toxxn who will make sure that you know about them and correct them. So. good luck. thank you very
ranch and I hope 3 on do pass this legislation.
SUPERVISOR HORTON: Thanks, Marie. Thank you very much. Yes, sir.
GREG WOLBERT: Greg Wolbert. I live in Mattimck. Yeah. l am a profiessional, I teach. Teacher in
the central school district of Rivcrhead. I thought I made pretty good mone5 until I take a look at what
it costs to buy a house in this toxxn, and then [ said. ohh. So then I looked to see what it would cost to
rent in this town and I said, uhh. And ,~eah. I have been teaching for six years. Three .','ears of that xxas
mostb missionary type x~ork for parochial schools, realized I couldn't make it very far in that, aside
fi'om the obvious soul benefits you get out of all that but yeah, an.~thing you could do that could
possibly make it aftbrdable so that I could work maybe one job or masbe two without haxing to be up
until midnight every night of the week. I would appreciate that. Ansthing yon can do.
SUPERVISOR HORTON: Thanks. Mr. Wolbert. ls there anybody who hasn't addressed the Board
that ~ould care to'? Okas. Seconds. Mr. LaRocca.
MR. LAROCCA: Vince l.aRocca. Cutchogue.
SUPERVISOR HORTON: Tim Kell3 asked that you keep it shot~L.
February 15. 2005 51
Public [[earing Transfer of De'.elopment Rights
MR. LAROCCA: He will. l-ira. You are out of here, as thr as I am concerned. I can't beliexe I am
going to sa5 this. but I think Chris Baiz is on to something. \Vhen tie says and the ~oman '.'.ho spoke
alter him. I think if you listen to those t~o. we haxe a good ans'.'.er on thc plate to get going on this.
And Chris said. really the thing Chris said that a lot of xxhat is going on here. really lie said, '.'.ell xxe
did this back in the mid 80's. '.xe passed it and gee. there haven't been a '.\hole lot of them. Well, one
of the probable reasons is, there is a lot of opposition on txxo fronts to affordable housing xersus
attbrdable homes. Which is both the tax consequences and quite frankly, the moral issue of whether a
comnmnit5 of middle-income people should be subsidizing the right ;'crsns, the right to have a brand-
new home. And every time you go to do these, there is going to be a fimdamcntal ontcry to sa}:. is that
a right to haxe a brand-new house? \'ersus a comnmnity's moral obligation to have homes tbr people
to lixe in. And the common theme that we have heard tonight, thc consensus is and ~xhat I have heard
you asc as examples and c'. eryone here say. keeps going back to those apartments, those apartments in
thc hamlets, those apartments on top of small-businesses. ['here is a strong point of consensus as a
place to get going and get the ball off the ntark and start to see how it '.xorks. Let's start creating
affnrdable homes first and then let's address ways, if there is a way. to find communiD consensus on
affordable houses, if you want to define them as a brand-ne'.x house, as a privilege. Or a right [ should
say. So my suggestion is ii'yon take this legislation, with all its imperfections, which there will always
be but it' you just strike oat one, two. looks like one, two. threc, font x'.ords: for affordable honsing
district, jast strike out those words. Now we have se\vet credits, we can fnrn~ a bank and we can get
going on creating apartments in all the places that we were talking aboat. Will it increase the tax
burdcn? Yes. Will it be more manageable? Yes. Is there a moral isstlc here that it doesn't speak to an
entitlement for a brand-ne'.', house? Qnite frank(x, yes. But it creates a hand up tbr people. It creates
a first step, it creates a firsl honle. '~'hy don't we do that. then '.~e don't have to wor? as carefully'
about some of the nuances in the Icgislation. We create homes, we create community consensus and
see hoxx it :'.orks. Thm~s.
S[JPERVISOR HORTON: Thanks. Wonld ansbod.~ else care to address the Board? Yes. Ms.
Schroeder.
MS. SCtlROEDER: [ don't '.'.ant to sa.', anything. I just xxant to hand in m5 comments.
SUPERVISOR HORTON: Okas. Yoa didn't have to raise .Xotlr hand for that. Are there other
comments?
MR. SANDERS: Charles Sanders. Greenport. [.iust totally agree '.xith '.'.hat he just said. When 3ou
deal with home versus an apartment. [ mean a house '.ersus an apartment, if yon tbcus the apartment
issue, then I am in total agreement. What l struggle with is '.\hen you basicalb \'.ant to grant
somebody a house versus an apartment. I am not a public speaker, so I apologize for my earlier
comments if they x~ere hyper bnt that is basically my point. [t secures those of ns that have sacrificed
to pnrchase a home and it pro,.idcs affordable housing or aflbrdable homes lbr those \'.ho don't haxe
the money 5et. So [ totally agree '.'.ith his statement.
SUPERVISf)R HORTON: fhank you. Would anybody else care to address the Board'? (No responsel
\Veil. shoald xxe close the hearing or should we leaxe it open?
I'O'~N :\]7TORNEY FINNEGAN: Close the hearing.
February 15. 2005 52
Public Hearing fransfer of Development Rights
SUPERVISOR H()R-I ON: We xx ill close the hearing.
Moxed by Councilman Ross. seconded by Councilman Wickham. it ~xas
RESOLVED that this public hearing on the nmtter of "A kOCAE LAC,' IN REkATION TO
CREATION OF A TRANSFER OF DEVEI.OPMENT RIGHTS" be and hereb3 is declared closed.
Vote of the Town Board: Aye: Councihnan Edxxards, Councilman Ross. Councihnan Wickham.
Justice Evans. Supervisor Horton.
This resolution was duly ADOP FED.
~A. Ne~
Southold Town Clerk
Legals from preceding page
Chapter to provide for the trans-
fer of Sanitary Flow Credits, and
thereby transfer development
I~otenual from areas designated
tor preservation to areas desig-
nated as more appropriate for
higher density residential devel-
opment.
Unless expressly permitted
herein, the transfer of develop-
ment potential may not occur in
the Town of Southold.
~87-2 Definitions.
Development Rights- the
tights permitted to alot, parcel,
or area of land under a zoning
ordinance or local law respect-
ing permissible use, area, densi-
ty, bulk, or height of improve-
ments executed thereon.
Development rights may be cal-
culated and allocated in accor-
dance with such factors as area,
floor ama, floor area ratios, den-
sity, height limitations or any
other criteria that will effective-
ly quantify a value for the devel-
opment right in a reasonable and
uniform manner that will carry
out the objectives of this section.
A development tight includes
but is not limited to a sanitary
flow credit.
Sanitary Flow Credit- one of
the development rights allocated
to a lot or parcel. A Sanitary
Flow Credit is equivalent to a
tight to develop a single family
residential parcel with an indi-
vidual on-stte sewerage system,
or its non-residential waste
water flow equivalent. See
Suffolk County Sanitary Code
§760-605. (Other approvals will
be required prior to develop-
ment, including compliance
with the Town zoning code.)
Sending District~ne or more
designated districts or areas of
land from which development
fights are designated for transfer
and use in one or more receiving
districts.
Receiving District --one or
more designated districts or
areas of land to which'develop-
ment fightsgenerated from one
or more sending districts may be
transferred and in which
increased development is per-
mitred to occur by reason of
such transfer.
Transfer of Development
Rights- the process by which
development rights are trans-
fen'ed from one lot, parcel, or
area of land in any sending dis-
trict to another lot, parcel, or
area of land in one or more
receiving districts.
§87-3. Development Rights
Bank
The Town hereby establishes a
Transferred Development
nk (TDD '1 in
LEGAL NOTICE
NOTICE OF pUBLIC
HEARING
NOTICE IS IIEREBY
GIVEN that there waspresent-
ed to the Town Board of the
Town of Southold, Suffolk
-. ,-'^~ on the 18th
County, INCV, ~'~n~ ~ local
day of January, zm,-, ~ ~ .
~ ' omitled "~. Local Lab tn
relation to CreaUon of a
Transfer of Development
Rights Chapter 87 of th.e,Code
of the Town of Southold ~ and
NOTICE IS HEREBY FUR-
THER GIVEN that the Town
Board of the Town of Southold
will hold ~
th_h_h_h_h_h_h_h_h_h~ ~.'8~
~ons will be gwen an oppor-
trinity to be heard. .
rt,~, p -unused Local Law enn-
Law in relation to Creation of
a Transfer of Development
Rights Chanter~ 8'/of the, Code
of the Town of Southold
Development Rights ~hapter~
8'/of the Code of the ~own m
Soathold
BE IT ENACTED BY THE
Town BOARD OF THE
Town OF souTHOLD AS
FOLLOWS:
SECTION 1. coDE
AMENDMENT.
The Town Board hereby cre-
ates a new Chapter 87 of the
Town Code of the Town of
Southold as follows
Chapter 8% Transfer of
Development Rights
s87-1 Pumose and Intent
~s set for/h in numerous com-
~_.. ty the Town's goals mcm ace :dim from
defined and set forth ...... ',, of open sp ' DR Bank
ninon of"commung' pr~ eh/rural lands and rec? hts to on-
tton tn Chapter 6 o~ at onal landscapes, pr ~ x.-. ~e exclu-
Code. The easemen ~ '~-e rural cultural, aha \us~ th afford-
document shall be ~rit~' character of ctohtem~a~:~ asfem of
approved by the Towt d s~rrounding ~ .' pursuant
C. The procedun ~eCservation of the n~turat ~e?,t- through
ferring credits into tl' rV~ment and prevenuon ot
set [~rth il~rthis chapte, ~er deterioralnt~t~ ~oti~[oe~i°ott~r~efs~ Sending
§8 -4. ocedure fo~ ~.oservationa p .
ora Development Ri t~ad range of honsmg anu ng d~s-
Upo pp ication of . aiverse c ; ,-~ istrict.
of an individual pan ~'~;creased transportattOn em- ~g dis-
Receiving District. th ~iency. als it is the dgnat-
Board may pernyt the tn To achieve these go ~- this tamlet
adevelopment right to s intent and purpose ut ential
cci by proceeding in the ~- _ ~rmrdable
set forth below: Housing District (AHD).
A. Notice to adjacent prop-
erty owners shall be given by the
applicant in the same manner as
set forth in Section 100-292
relating to change of zone appli-
cations.
B. The Town Board, before
~ublishing notice for a public
earing, shall comply with all
State Environmental Quality
Review Act (SEQRA~ require-
ments and costs associated with
review shall be paid by the
applicant.
C. The Town Board, before
~ublishing notice for a public
earing, shall, in a written
request, instruct the Town
Planning Board to prepare an
official report regarding the pro-
posed transfer, including the
Planning Board recommenda-
tions.
D. The Town Board, by
resolution adopted at a stated
meeting, shall fix the time and
place of a public heating on the
~erOposed transfer and cause at
ast ten (10) days notice of such
hearing to be published in the
official newspaper.
E. Before the transfer of
development rights may be
anthonzed to any Receiving
District, the Town Board shall
determine, after evaluating the
affects of potential increased
development which is possible
under the transfer of develop-
ment tights provisions, that the
district contains adequate
resources, environmental quality
and public facilities, including
adequate transportation, water
supply, waste disposal and fire
protection, and that there will be
no significant environmentally
damaging consequences, and
that such increased development
is compatible with comprehen-
sive planning and the develop-
ment otherwise permitted by the
Town and by the federal, state
and county agencies having
inris~iiction to approve permissi-
B. Designation of
Development Rights
1. A development
right for the purposes of tlfis sec-
tion (87-6) shall be limited to a
sanitary flow credit.
C. Determination of
Sanitary Flow Credit to be
Deposited into the TDR Bank
1. Upon receipt of a
contract (exec, uted by the seller)
for the Town s acquisition of a
parcel of property or the devel-
opment rights thereom and prior
to the public hearing on the pur-
chase, the Town Board shall
request that the Land
Preservation Coordinator pro-
vide a calculation of the samtary
flow credits available, subject to
survey, for transfer from the par-
cel of property upon the closing
of the contmct in accordance
with its terms.
2. Following the clos-
ing on the parcel, samtary flow
credits shall be placed into the
Town TDR Bank by resolution
of the Town Board, which reso-
lution shall set forth the number
of sanitary flow credits and the
source of the credits. The Town
Clerk shah maintain a log detail-
ing the credits transferred into
the bank.
3. The Town Clerk
shall forward the resolution to
the Tax Asgessors Office, the
Land Preservation Department,
the Special Projects Coordinator
and the Planning Department for
inclusion into the Town data-
base.
D. Transfer of Sanitary
Flow Credits to a Receiving
District
Following the public hearing,
the Town Board may by resolu-
tion authorize the'transfer of
sanitary flow credits. The reso-
lution shall state that the appli-
cant shall receive a Sanitary
F ow Credit Certificate, which
shall not be signed by the
Supervisor and released by. the
COl INTY OF SUFFOI.K
STAll E OF NE\V YORK ss:
[ise Marinace, being dub sx~ont, says
that she i~ the Legal Adxenising
Coordinator. of the D'aveler lI~achman.
a pnblic nexxspaper printed at Southold.
in Suflblk County; and that the notice of
xxhich the annexed i~ a printed copy. has
been pnblished in said D'aveler
II~llC'tlnltt~ once each ~xeek
tbr .....i ...... xx ee~) successix ely,
' o , ~ ~1
comp~encme on thc ................. day ut
S~orn lo betbre me this...2., ff..da3 of
2005.
Notar) Public
Restrictions
l. Following the
Town Board resolution granting
a transfer of a Sanitary Flow
Credit to a recipient pursuant to
the procedures set forth in this
Chapter, the applicant shall file
in the office of the Suffolk
County Clerk Covenants and
Restrictions in a form approved
by the Town Attorney.
a. The Covenants
and Restrictions shall contain
terms and conditions as the
Town Board and the Planning
Board deem necessary to insure
that the dwelling unit created by
the transferred credit remains
affordable in perpetuity, and
shall be leased or sold only to
eligible individuals registered
with the Town of Southold
Housing Registry. The sale
and/or lease of the dwelling unit
that has been constructed with
the transferred credit shall be
administered through the Town
of Southold pursuant to the pro-
visions of Chapter 98 (Housing
Registry) and §§ 100-50 through
59 (AHD), and the sale and/or
lease price shall be set by resolu-
tion of the Town Board.
2. A copy of the filed
Covenams and Restrictions must
be filed with the Town Clerk
within thirty(30) days of the
approving resolution. No
Sanitary Flow Credit Certificate
shall issue until the Covenants
and Restrictions have been filed
and such filing has been
approved by the Town Attorney.
3. The Town Clerk
shall forward the Covenants and
Restrictions to the Town
Attorney, Tax Assessors ()ffice,
the Land Preservation
Department, the Special Projects
Coordinator and the Planning
Department for inclusion into
the Town database.
G Revocation
Failure to comply with any of
the requirements set forth in this
section may result in revocation
of the transferred sanitary flow
credit. A sanitary flow credit
may be revoked by Town Board
resolution, following a public
hearing, after ten (10)days writ-
ten notice of the hearing by per-
sonal service or certified mail
has been given to the pmperty
H. Expiration
Any sanitary flow credit trans-
ferred to a recipient for con-
stmction of a dwelling unit shall
expire and be returned to the
bank one year after transfer if
the dwelling unit has not been
issued a Certificate of
Occupancy, unless an extension
of time has been requested by
the property owner and granted
by the Town Board. A request
f .... ~*,-' ',- , ~' ." qbe
to be invalid, such judgment
shall not affect, impair or invali-
date the remainder thereof but
shall be confined in its operation
to the clause, sentence, para-
graph, section or part thereof
cF~rectly involved in the contro-
versy in which such judgment
shal/have been rendered.
Section HI - EFFECTIVE
DATE.
This article shall take effect
immediately upon filing wit~ the
Secretary of State as pro~ ided
by law.
Dated: January 18, 2005
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
Elizabeth Neville
Town Clerk
1X 1/27/05 (532)
Legals from preceding page
Chapter to provide for the trans-
fer of Sanitary Flow Credits, and
thereby transfer development
potenttal from areas designated
for preservation to areas desig-
nated as more appropriate for
higher density residential devel-
opment.
Unless expressly permitted
herein, the transfer of develop-
ment potential may not occur tn
the Town of Southold.
§87-2 Definitions.
Development Rights- the
rights permitted to atot, parcel,
or area of land under a zoning
ordinance or local law respect-
ing permissible use, area, demi-
ty, bulk, or height of improve-
ments executed thereon.
Development fights may be cal-
culated and allocated in accor-
dance with such factors as area,
floor area, floor area ratios, den-
sity, height limitations or any
other criteria that will effective-
ly quantify a value for the devel-
opment right in a reasonable and
uniform manner that will carry
out the objectives of this section.
A development right includes
but is not limited to a sanitary
flow credit.
Sanitary Flow Credit- one of
the development rights allocated
to a lot or parcel A Sanitary
Flow Credit is equivalent to a
right w develop a single family
residential parcel with an indi-
viduul on-stte sewerage system,
or its non-residenttal waste
water flow equivalent. See
Suffolk County Sanitary Code
§760-605. (Other approvals will
be required prior to develop-
ment, including compliance
with the Town zoning code.)
Sending District---one or more
designated districts or areas of
land from which development
r/ghts are designated for transfer
and use in one or more receiving
districts.
Receiving District --one or
more destgnated districts or
areas of land to which' develop-
ment rights generated from one
or more sending districts may be
transferred and in which
increased development is per-
mined to occur 'by reason of
such transfer.
Transfer of Development
Rights- the process by which
development rights are trans-
ferred from one lot, parcel, or
area of land in any sending dis-
trict to another lot, parcel or
area of land in one or more
receiving districts.
§87-3. Development Rights
Bank
The Town hereby establishes a
Transferred Developmnnt
Righta Bank (TDR Bank) in
whtch development rights may
be received, reta, i~ned and s?.ld by
LEGAL NOTICE
NOTI('E OF pt!BLl('
HEARING
NOTICE IS IIEREBY
Gl'~ EN that there xxas pre~ent-
ed to the Toxsn Board ol tbe
Town of Southold. Suffolk
(nn~ty New York. on thc 18th
Ldx~ entitled 'LX Local La~ m
TransIer of Development
· Chanter 87 of the ~ode
p~,~osa~d ututu~ II*qS p~nb~e
-sugll oq ol slq*~l lnomdopxop
q3[q.~x mmJ ~puul otlL 'fl
n s~ ~uu~ B(II. *ql 3o lno pu~
olu~ po~o3snm~ aq Xeux leql
luotndo oxap xB~o >t[I 'V
oql t[l~xx ~3uup~o33u tq uo~l
.nloso~ p~*o~ u.xxoL ,<q pvldaao~
aq ls~tI lsmu ~uuq oql OlUl pana3
-surer slq~D luatud°la'x~p [IV
'opoD u~xoi otb 1o 9 ~aldeqD u[
pa~pads iautwm u tt~ pasn aq ol
'PnnA u°tlu'~°sa'M ~{IBmmtu°3
mdm unm Imoads u otu~ p~
'-ltsbdap *q [le'qs ~uuq u.sxo~ aql
mod plus sltlg~l luamdo[aAap
sld?oa~ IIV 'u.~xox aql jo sis*
-iatu. lsoq 3tll u[ pluofl uaxo~
.iq Pins pun poumla.~ 'po xmao~ aq
aeu~ Slq~iJ lUa~Id°lo'x°~
' 'l am'fl s~q~tB
instrument that similarly pre-
serves community character as
defined and set forth in the defi-
nition of "community presewa-
tion" in Chapter 6 of the Town
Code. The easement or other
document shall be in a form
approved by the Town Attorney.
C. The procedure for tmns-
fen-lng credits into the bank is
set forth in this chapter at §87-6.
§87-4. Procedure for Transfer
of a Development Right from
the TDR Bank to a Receiving
District.
Upon application of the owner
of an individual parcel in a
Receiving District, the Toxin
Board may permit the transfer of
a development right to such par-
cel by proceeding in the manner
set forth below:
A. Notice to adjacent prop-
erty owners shall be given by the
applicant in the same manner as
set forth in Section 100-292
relating to change of znne appli-
cations.
B. The Town Board, before
~ublishing notice fro' a public
earing, shah comply wtth all
State Environmental Quality
Review Act (SEQRA) require-
ments and costs associated with
review shall be paid by the
applicant.
C. The Town Board, before
~ublishing notice for a public
earing, shall in a written
request, instruct the Town
Planning Board to prepare an
official report regarding the pro-
posed transfer, including the
Planning Board recommenda-
tions.
D. The Town Board, by
resolution adopted at a stated
meeting, shall fix the thne and
place of a public hearing on the
{~erOposed transfer and cause at
ast ten (10) days notice of such
hearing to be published in the
official newspaper.
E. Before the transfer of
development rights may be
authorized to any Recdiving
District, the Town Board shall
determine, after evaluating the
affects of potential increased
development which is possible
under the transfer of develop-
merit rights provisions, that the
district contains adequate
resources, environmental quality
and public facilities, including
adequate transportation, water
supply, waste disposal and fire
protection, and that there will be
no significant environmentally
damaging consequences, and
that such increased development
is compatible with comprehen-
sive planning and the develop-
ment otherwise permitted by' tbe
Toxvn and by the federal, state
and county agencies having
~t~nsdiction to approve perm/ss/-
e development within the dis-
trict.
F W'~'re a tear fee of
transfer will allow the Town to
bank sanitary flow credits from
preserved land in the TDR Bank,
and later sell those credits to pri-
x'ate developers for use exclu-'
sively in connection with afford-
able housing. All transfers of
Sanitary Flow Credits pursuant
to this chapter must pass through
the TDR bank.
A. Designation of Sending
and Receiving Districts
1. The sending dis-
trict shall be any land within the
Town of Southold that is not
defined as a Receiving. District.
2. The recetving dis-
trict shall be any lands designat-
ed Business (B), Hamlet
Bnsiness (HB), Residential
Office (RO), or Affordable
Housing District (AHD).
~B. Designation of
Development Rights
I. A development
right for the purposes ofthts sec-
tion (87-6l shall be limited to a
sanitary flow credit.
C. Determination of
Sanitary Flow Credit to be
Deposited into the TDR Bank
1. Upon receipt of a
contract (executed by the seller)
for the Town's acquisition of a
parcel of property or the devel-
opment rights thereon, and prior
to the public hearing on the pur-
chase, the Town Board shall
request that the Land
Preservation Coordinator pro-
vide a calculation of the samtary
flow credits available, subject to
survey, for transfer from the par-
cel of property upon the closing
of the contract in accordance
with its terms.
2. Following the clos-
ing on the parcel, santtary flow
credits shall be placed into the
Town TDR Bank by resolution
of the Town Board, which reso-
lution shall set forth the number
of sanitary flow credits and the
source of the credits. The Town
Clerk shall maintain a log detail-
ing the credits transferred into
the bank.
3. The Town Clerk
shall forward the resolution to
the Tax Asgessors Office, the
Land Preservation Department,
the Special Projects Coordinator
and the Planning Department for
inclusion into the Town data-
base.
D. Transfer of Sanitary
Flox~ Credits to a Receiving
District
Following the public hearing,
the Town Board may by resolu-
tion authorize the transfer of
sanitary flow credits. The reso-
lution ~hall state that the appli-
cant shall receive a Sanitary
Flow Credit Certificate, which
shall not be signed by the
Supervisor and released by the
Town Clerk to the applicant
until the Covenants and
Restrictions as set forth at §8%6
CO[{NTY OF SUFFOLK
STA'FE OF NEXt' YORK ss:
I.ise Marirtace. being dui> sx~om, sa>s
that she is the Legal Advetxising
Coordinator, of thc Traveler II2tlchman.
a public ne~xspaper printed at Southold.
in Suffolk County' attd that the notice of
xdtieh the annexed is a primed cop>, has
been published in said Traveler
lfalchmttn once eaclt xxeek
lbr ............weektzl successivelx.
coml}~encitm on the ..... .?~.7.~ ...... day of
· --~&l't~d:~'"'..~-..:7 ..... 2005, ' '
No. 0l H ~,5059e}84
Qualified in Suffolk (ount~
ommission expires Ma) 06, 2006
Restrictions
1. Following the
Town Board resolution granting
a transfer of a Sanitary Flow
Credit to a recipient pursuant to
the procedures set forth in this
Chapter, the applicant shall file
in the office of the Suffolk
County Clerk Covenants and
Restrictions in a form approved
by the Town Attorney.
a. The Covenants
and Restrictions shall contain
terms and conditions as the
Town Board and the Planning
Board deem necessary to insure
that the dwelling unit created by
the transferred credit remains
affordable in perpetuity, and
shall be leased or sold only to
eligible individuals registered
with the Town of Southold
Housing Registry. The sale
and/or lease of the dwelling unit
that has been constructed with
the transferred credit shall be
administered through the Town
of Southold pursuant to the pro-
visions of Chapter 98 (Housing
Registry) and §§ 100-50 through
59 (AHD), and the sale and/or
lease price shall be set by resolu-
tion of the Town Board.
2. A copy of the filed
Covenants and Restrictions must
be filed with the Town Clerk
within thirty(30) days of the
approving resolution. No
Sanitary Flow Credit Certificate
shall issue until the Covenants
and Restrictions have been filed
and such filing has been
approved by the Town Attorney.
3. The Town Clerk
shall forward the Covenants and
Restrictions to the Town
Attorney, Tax Assessnrs Office,
the Land Preservation
Department. the Special Projects
Coordinator and the Planning
Department for inclusion into
the Town database.
Ct Revocation
Failure to comply with any of
the requirements set forth in this
section may result in revocation
of the transferred sanitary flow
credit. A sanitary flow credit
may be revoked by Town Board
resolution, following a public
hearing, after ten (10)days x~ rjr-
ten notice of the hearing by per-
sonal service or certified mail
has been given to the property
H. Expiration
Any sanitary flow credit trans-
ferred to a recipient for cnn-
stmctinn of a dwelling unit shall
expire and be returned to the
bank one year after transfer if
the dwelling unit has not been
issued a Certificate of
Occupancy, unless an extension
of time has been requested by
the property ovmer and granted
by the Town Board. A request
for an extension of time shall be
made on¢,mollth in,advalace of
the exp/raflon. A'sifi~f~t 'flOw
cr 't ~? II be returned to the
to be invalid, such judgment
shall not affect, impair or tnvali-
date the remainder thereof but
shall be confined in its operation
to the clause, sentence, para-
~iraph, section or part thereof
ectl}, involved in the contro-
versy tn which such judgment
shal/have been rendered.
Section III - EFFECTIVE
DATE.
This article shall take effect
immediately upon filing with the
Secretary of State as provided
by law.
Dated: January 18, 2005
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
Elizabeth Neville
Town Clerk
IX 1/27/05 (532)
I, ~1~ from p~'eceding page
Chapter ~ provide for the trans-
fer of Sanitary Flow Credits, and
thereby transfer development
I]otentml fi.om areas designated
tot preservation to areas desig-
nated as more appropriate for
higher density residential devel-
opment.
Unless expressly permitted
herein, the transfer of develop-
ment potential may not occur in
the Town of Sunthold.
§87-2 Definitions.
Development Rights- the
rights permitted to alot, parcel,
or area of land under a zoning
ordinance or local law respect-
ing permissible use, area, densi-
ty, bulk, or height of improve-
ments executed thereon.
Development rights may be cal-
culated and allocated in accor-
dance with such factors as area,
floor area, floor area ratios, den-
sity, height limitations or any
other criteria that will effective-
ly quantify a value for the devel-
opment fight in a reasonable and
uniform manner that will carry
out the objectives of this section.
A development fight includes
but is not limited to a sanitary
flow credit.
Sanitary Flow Credit- one of
the development rights allocated
to a lot or parcel. A Sanitary
Flow Credit is equivalent to a
fight to develop a single family
residential parcel with an inth-
vidual on-site sewerage system
or ts non-residential waste
water flow equivalent. See
Suffolk County Sanitary Code
§760-605. (Other approvals will
be required prior to develop-
ment, including compliance
with the Town zoning code.)
Sending District~ne or more
designated districts or areas of
land fi.om which development
fights are designated for transfer
and use in one or more receiving
districts.
Receiving District --one or
more designated districts or
areas of land to which develop-
ment rightsgenemted from one
or more sending districts may be
transferred and in which
increased development is per-
mitted to occur by reason of
such transfer.
Transfer of Development
Rights- the process by which
development rights are trans-
ferred from one lot, parcel, or
area of land in any sending dis-
trict to another lot, parcel, or
receiving districts.
§87-3. Development Rights
Bank
The Town hereby establishes a
Transferred Development
Rights Bank (TDR Bank) in
which development tights may
be received, retained and sold by
the Town Board in the best inter-
ests of the Town. All receipts
and proceeds from sales of
development rights sold fi.om
the Town bank shall be deposit-
ed into a special municipal
Community Preservation Fund,
to be used in a manner specified
in Chapter 6 of the Town Code.
All development tights trans-
ferred into the bank must first be
accepted by Town Board resolu-
tion in accordance with the
terms of this Chapter.
A. The only development
tight that may be transferred into
and out of the TDR Bank is a
sanitary flow credit.
B. The [ands from which
development rights to be trans-
ferred into the bank were
acquired shall remain preserved
in perpetuity by a permanent
instrument that similarly pre-
serves community character as
defined and set forth in the defi-
nition of "community preserva-
tion'' in Chapter 6 of the Town
Code. The easement or other
document shall be in a form
approved by the Town Attorney.
C. The procedure for trans-
ferring credits into the bank is
set forth in this chapter at §87-6.
§87-4. Procedure for Transfer
of a Development Right fi.om
the TDR Bank to a Receiving
District.
Upon application of the owner
of an individual parcel in a
Receiving District, the Town
Board may permit the transfer of
a development tight to such par-
cel by proceeding in the manner
set forth below:
A. Notice to adjacent prop-
erty owners shall be given by the
applicant in the same manner as
set forth in Section 100-292
relating to change of zone appli-
cations.
B. The Town Board, before
gublishing notice for a public
earing, shall comply with all
State Environmental Quality
Review Act (SEQRA) require-
ments and costs associated with
review shall be paid by the
applicant.
C. The Town Board, before
gublishing notice for a public
earing, shall, in a written
request, instruct the Town
Planning Board to prepare an
official report regarding the pro-
posed transfer, including the
Planning Board recommenda-
tions.
D. The Town Board, by
resolution adopted at a stated
meeting, shall fix the time and
place of a public hearing on the
proposed Wansfer and cause at
least ten (10) days notice of such
hearing to be published in the
official newspaper.
E. Before the transfer of
development fights may be
authorized to any Receiving
District, the Town Board shall
determine, after evaluating the
affects of potential increased
development which is possible
under the transfer of develop-
ment tights provisions, that the
district contains adequate
resources, environmental quality
and public facilities, including
adequate transportation, water
supply, waste disposal and fire
protection, and that there will be
no significam environmentally
damaging consequences, and
that such increased development
is compatible with comprehen-
sive planning and the develop-
ment otherwise permitted by the
Town and by the federal, state
and county agencies having
jurisdiction to approve permissi-
ble development within the dis-
trict.
F. Where a transfer of
development tights affects dis-
tricts in two or more school, spe-
cial assessment, or tax districts,
it may not unreasonably transfer
the tax burden between the tax-
payers of such districts.
§87-5 Irreversible Transfer.
No development tights shall
be transferred back to the send-
ing parcel once the development
rights have been transferred. No
development rights may be
transferred out of a parcel which
has previously had all of its
development fights extinguished
under the Town of Southold,
Suffolk County or New York
State acquisiton of development
tights program or other ease-
ment, transfer, restrictive
covenant or otherwise.
§87-6 Sanitary Flow Credit
Tmusfer
The Sanitary Flow Credit
transfer will allow the Town to
bank sanitary flow credits from
preserved land in the TDR Bank,
and later sell those credits to pti-
vate developers for use exclu-
sively in connection with afford-
able housing. All transfers of
Sanitary Flow Credits pursuant
to this chapter must pass through
the TDR bank.
A. Designation of Sending
and Receiving Districts
I. The sending dis-
trict shall be any land within the
Town of Southold that is not
defined as a Receiving District.
2. The receiving dis-
trict shall be any lands designat-
ed Business (B), Hamlet
Business (HB), Residential
Office (RO), or Affordable
Housing District (AHD).
B. Designation of
Development Rights
1. A development
tight for the purposes of this sec-
tion (87-6) shall be limited to a
sanitary flow credit.
C. Determination of
Sanitary Flmv Credit to be
Deposited into the TDR Bank
1. Upon receipt of a
contract (executed by the seller)
for the Town's acquisition of a
parcel of property or the devel-
opment rights thereon, and prior
to the public hearing on the pur-
chase, the Town Board shall
request that the Land
Preservation Coordinator pro-
vide a calculation of the samtary
flow credits available, subject to
survey, for transfer from the par-
cci of property upon the closihg
of the contract in accordance
with its terms.
2. Following the clos-
ing on the parcel, sanitary flow
credits shall be placed into the
Town TDR Bank by resolution
of the Town Board, which reso-
lution shall set forth the number
of sanitary flow credits and the
source of the credits. The Town
Clerk shall maintain a log detail-
ing the credits Wansferred into
the bank.
3. The Town Clerk
shall forward the resolution to
the Tax Asgessors Office, the
Land Preservation Department~
the Special Projects Coordinator
and the Planning Department for
inclusion into the Town data-
base.
· D. Transfer of Sanitary
Flow Credits to a Receiving
District
Following the public hearing,
the Town Board may by resolu-
tion authorize the transfer of
sanitary flow credits. The reso-
lution shall state that the appli-
cant shall receive a Sanitary
Flow Credit Certificate. which
shall not be signed by the
Supervisor and released by the
Town Clerk to the applicant
until the Covenants and
Restrictions as set forth at §87-6
F have been filed and such filing
has been approved by the Town
Attorney._
E. Sanitary Flow Credit
Certificate.
1. An applicant must
obtain and present a Sanitary
Flow Credit Certificate to the
Builfli.ng Department prior to
receiving a Building Permit.
2. The Sanitary Flow
Credit Certificate shall state the
specific use for the transferred
credit and may be used only for
construction of the project listed
on the Certificate.
3. The Town Clerk
shall maintain a log detailing the
Sanitary Flow Credit
Certificates that have been
issued by the Town Board, and
such log shall contain the source
and location of the transferred
credit.
F. Covenants and
~ommission expires Ma.s 06. 2006
Restrictions
1. Following the
Town Board resolution granting
a transfer of a Sanitary Flow
Credit to a recipient pursuant to
the procedures set forth in this
Chapter, the applicant shall file
in the office of the Suffolk
County Clerk Covenants and
Restrictions in a form approved
by the Town Attorney.
a. The Covenants
and Restrictions shall contain
terms and conditions as the
Town Board and the Planning
Board deem necessary to insure
that the dwelling unit created by
the transferred credit remains
affordable in perpetuity, and
shall be leased or sold only to
eligible individuals registered
with the To~vn of Southold
Housing Registry. The sale
and/or lease of the dwelling unit
that has been constructed with
the transferred credit shall be
administered through the Town
of Southold pursuant to the pro-
visions of Chapter 98 (Housing
Registry) and §§ 100-50 through
59 (AHD), and the sale and/or
lease price shall be set by resolu-
tion of the Town Board.
2. A copy of the filed
Covenants and Restrictions must
be filed with the Town Clerk
within thirty(30) days of the
approving resolution. No
Sanitary Flow Credit Certificate
shall issue until the Covenants
and Restrictions have been filed
and such filing has been
approved by the Town Attorney.
3. The Town Clerk
shall forward the Covenants and
Restrictions to the Town
A~tomey, Tax Assessors Office,
the Land Preservation
Department, the Special Projects
Coordinator and the Planning
Department for inclusion into
the Town database.
G. Revocation
Failure to comply with any of
the requirements set forth in this
section may result in revocation
of the transferred sanitary flow
credit. A sanitary flow credit
may be revoked by Town Board
resolution, following a public
hearing, after ten (10) days ~q'it-
ten notice of the hearing by per-
sonal service or certified mail
has been given to the properOs'
H. Expiration
Any sanitary flow credit trans-
l~rred to a recipient for con-
struction of a dwelling unit shall
expire and be returned to the
bank one year after transfer if
the dwelling unit has not been
issued a Certificate of
Occupancy, unless an extension
of time has been requested by
the property owner and granted
by the Town Board. A request
ffir an extension of time shall be
made one month in advance of
the expiration. A sanitary flow
credit shall be returned to the
bank by resolution of the Town
Board.
1. Return of Credit
In the B. HB or RO zoning dis-
tricts, a property mvner may
apply to the Town Board to
return the transferred sanitary
flow credit to the bank and
fxtin~guish the affordable hous-
ing ~..ovenants and Restrictions
applicable to the property. The
Town Board shall hold a public
heating on the application, and
notice shall be given in accor-
dance with Chapter 58. A sani-
tary flow credit shall be returned
to the bank by resolution of the
Town Board.
SECTION II. - SEVER-
ABILITY.
If any clause, sentence, para-
graph, section orpart of this arti-
cle shall be adjudged by any
court of competent jurisdiction
to be invalid, such judgment
shah not affect, impair or invali-
date the remainder thereof but
shall be confined in its operation
to the clanse, sentence, para-
graph, section or part thereof
directly involved in the contro-
versy in which such judgment
shal/have been rendered.
Section III - EFFECTIVE
DATE.
This article shall take effect
immediately upon filing wit} the
Secretary of State as pro; ided
by law.
Dated: January 18, 2005
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
Elizabeth Neville
Town Clerk
IX 1/27/05 (532)
ELIZABETH A. NEVILLE
TOWN CLERK
REG L'4TIXAI~ O[,' \ [ rAL ST \TTST[C:4
Town Hall, 53095 Mare Road
P.O Box i179
Southold, Ncw York 11971
Fax ~631, 765-6145
Te[et)hone ~6'31 ~ 76.5 1800
~out holdt o,vn.noct h fork. act
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTII~' THAT THE FOLLOWING RESOLUTION NO. 62A OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD
ON FEBRUARY 15, 2005:
RESOLVED that the Town Board or'the Town of Southold authorizes and directs Supervisor
Joshua Y. Horton to retain Cleary Consulting to perform a review pursuant to SEQRA or'the
proposed local law entitled "A Local Law io relation to Creation of a Transl'er of Dex elopment
Rights Chapter 87 o£the Code of the Town of Southold", m accordance x~ ith their proposal dated
Febrttary 3. 2005.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
FREED( )M ( IF [NI.'( )RMAT[( )N ( )FFICIqR
Town Hall. 53095 Mare Road
P.O. [lox 1179
,%)uthold. New Ym'k 11971
Fac\, 631 ~ 765-6145
Teleph,me ,631, 765 1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 62B OF 21105
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 15, 2005:
WHEREAS. the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action invoMng the creation of Chapter 87 of the Code of the Town of
Southold, Transfer of Development Rights; and
~¥HEREAS, the purpose of the legislation is to provide for the transfer of Samtary Floxv
Credits. and thereby the trans£er of development potential, fi'om areas designated for preservation
to areas designated as more appropriate tbr higher density residential development.
NOW THEREFORE BE IT RESOLVED, that pursnant to Part 617 of' the SEQR Regulations,
the Town Board of the Tox,,n of Southold hereb,,, desibmates itself as the Lead .Agency for the
SEQR Reviexv of this Unlisted Action.
BE IT FURTHER RESOL'~ ED, that pursuant to Pan 617 of the implementing regulations
pertaining to Article 8 (State F~m ironmental Quality Review Act) of the Enviromnental
Conscrvation Law, the Lead Agency has determined that the proposed Unlisted Action will not
have a significant adverse effect on the environment for the reasons enumerated in the
attached Negative Declaration Form.
Elizabeth A. Neville
Southold Tov,'n Clerk
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY
11971-0959
STATE OF NEW YORK)
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
Legal
13455999
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, says that such person
is, and at the time of publication of the annexed Notice was a duly authorized
custodian of records of Newsday, Inc., the publisher of NEWSDAY, a newspaper
published in the County of Suffolk, County of Nassau, County of Queens, and
elsewhere in the State of New York and other places, and that the Notice of
which the annexed is a tree copy, was published in the following editions/
counties of said newspaper on the following dates:
SUNDAY J .M'qU ARY 30 2005 Suffolk
Sworn To Belbre Me This
31 da_', of lanuap,_'
Notar.~ Public
2O05
Guy P. Wasser
Notary Public, State of New York
No. 01WA6045924
Commission Expires 08/0712606
Qualified in Suffolk County
Legal Notice 13455999
NOTICE OF PUBMC
HEARING
NOTICE IS HEREBY GIVEN
#7307
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 27th day of
January ,2005
Principal C'lerk
Sworn to before me this
2005
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
February 15. 2005 at 8:00 p.m. at x~ hich
LOCAL LAW NO. of 2005
~'F ~',4' ~th Neville ~. [ TIfOLD
CHRISTINA VOLINSKI
NOTARY FUB~C-STATE OF NEW YORK
~.,. 3~-V06105050
LEGAL NOTICE
NOTICE OF PUBI.IC HEARING
NOTICE IS HEREBY GIVEN that there was presented to thc Town Board of the Town
of Southold. Saffolk COLlnty. New York. on thc l Sth day of Jannary, 2005 a Local Law
entitled "A Local Law in relation to Creation of a Transfer of Development Rights
Chapter 87 of the Code of the Tos~ n of Southold". and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Toxxn of
Southold will hold a public hearing on the aforesaid Local Law on February i$, 2005
at 8:00 p.m. at which time all interested persons will be given an opportunity to be hem-d.
The proposed Local Law entitled reads as [bllows: "A Local La~ in relation to
Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town
of Southold"
LOCAl. I.AW NO. of 2005
A Local Law in relation to Creation of a Traosfer of Development Rights Chapter 87
of the Code of the Town of Southold
BE IT ENACTED BY THE TOWN BOARD OF THE TOV~q'4 OF SOLITHOLD AS
FOLLOWS:
SECTION 1. CODE AMENDMENT.
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of
Southold as follows
Chapter 87- Transfer of Development Rights
§87-1 Purpose and Intent
As set fbrth in nmnerous comprehensive planning documents, the Tox~ ll'S goals
include the preservation of open space, agricultural lands and recreational landscapes;
preservation nfthe rural, cultural and historic character of thc hamlets and
surrounding countryside; preservation of the natural environment and prc~ ention of
further deterioration of resonrces; preservation and promotion of a broad range of
housing and business opportnnities to support a socio-econonfically diverse
comnmnity; and increased transportation efficiency.
To acbiex c these goals it is the intcnt and purpose of this Chapter to provide for the
transfer of Sanitary Flow Credits, and thereby transfer development potential ti-om
areas designaled for preservation to areas designated as more appropriate lbr higher
density residential development.
Unless expressly permitted herein, the transfer o f development potential may not
occur in the Toy, n of Soutbold.
§87-2 Definitions.
Development Rights- the rights permitted to a lot, parcel, or area of land tinder a
zoning onlinance or local laxx respecting permissible usc, area, density, bulk, or
height of improvements executed thereon. Dex'elopment rights may' bc calculated
and allocated in accordance with such tkqctors as area, floor area, fioor area ratios,
density, height limitations or un3 other criteria that v, ill cffcctix el3 qttanti~ a
,, alue tot' Ibe development right in a reasonable and uniibml mannc'r lhat x,. ill
carry out Ibe objectives of this section. Adex elopment right includes but is not
limited to a sanitary' flow credit.
Sanitary ['low Credit- one of the development rights allocated to a lot or parcel. A
Sanitary ['low Credit is equivalent to a right to develop a single family residential
parcel with an individual on-site sewerage system, or its non-residential waste
x~. ater ilo;;' equivalent. Sec Suffolk County Sanitary Code §760-605. (Other
approvals ,,,,'ill be required prior to development, including compliance with tile
Town zoning code. I
Sendir~g District one or more dcsignated districts or areas of land t'rorn which
development rights are designated tbr transfer and use in one or more receiving
districts.
Receiving District ---one or more designated districts or areas of land to which
development rights generated from one or more sending districts lnay be
transferred and in which increased development is pemqitted to occur by reason o1'
such transfer.
Transt'er of Development Rights- thc process by which development rights are
transferred fi'om one lot, parcel, or area of land iii any sending district to another
lot, parcel, or area of land itl one or more receiving districts.
,}87-3. Development Rights Bank
The Town hereby establishes a Transferred Development Rights Bank (TDR Bank)
which development rights may be rcceix ed, retained and sold by the Toxx n Board itl
the best interests of the Town. All receipts and proceeds fi-om sales of development
rights sold fi-nm the Town bank shall be deposited into a special municipal account
known as the Community Preserx ation Fund, to be used iii a manner spec i fled in
Chapter 6 of the Town Code. All devcloprnent rights traosfe~Ted into the bank must
first be accepted by Town Board resolution in accordance ,a ith the terms of this
Chapter.
A. The only development right that may be transferred into and out of the TDR
Bank is a sanitary flow credit.
B. The lands from which development rights to be transfen'ed into the bank were
acquired shall remain preser,'ed in perpetuity by a permanent conservation
easement or other instrument that similarly preserves comnmnity character as
defined and set forth in the definition of-community preservation" in Chapter
6 of the Iown Code. The easement or other document shall be in a form
approved by the Town Attorney.
C. Tile procedure for transfen'ing credits into the bank is set lbrth m this chapter
at §87-6.
§87-4. Procedure for Transfer ora Development Right from the TDR Bank to a
ReceMng District.
Upon application of the owner of an individual parcel in a Receiving District, the
Town Board may pemfit the transfer ora development right to such parcel by
proceeding in the manner set forth below:
A. Notice to ac~jacent property owners shall be given by the applicant in the same
manner as set forth in Section 100-292 relating to change of zone applications.
B. The Toxin Board, before publishing notice for a public hearing, shall comply
with all State Envirolmaental Quality Review Act (SEQ1L-X) requirements and
costs associated with review shall be paid by the applicant.
C. The Toxxn Board. before publishing notice for a public hearing, shall, itt a
xx ritten request, instruct the Town Planning Board to prepare an official report
regarding the proposed transfer, including the Planning Board
recommendations.
D. The Town Board, by resolution adopted at a stated meeting, shall fix the time
and place ora public hearing on the proposed transfer and cause at least ten
(10} days notice of such hearing to be published in the official ne~x spaper.
E. Before the transfer of development rights may be authohzed to any Receiving
District, the Town Board shall detemfine, after evaluating the affects of
potential increased development which is possible under the transfer of
development rights provisions, that the district contains adequate resources,
environmental quality and public hcilities, incloding adequate transportation,
water supply, waste disposal and fire protection, and that there will be no
sig-nificant envirotm~entally damagiog consequences, and that such increased
development is compatible u ith comprehensive planning and the development
otbet-.vise pem~itted by the Town and by the federal, state and county agencies
having jurisdiction to approve permissible development ,.; ~thin the district.
F. Where a transfer of development rights affects districts io two or more school,
special assessment, or tax districts, it may not unreasonably transfer the tax
burden between the taxpayers of such districts.
§87-5 Irreversible Transfer.
No development rights shall be transt'erred back to the sending parcel once the
development rights have been transferred. No development rights may be transferred
out of a parcel which has previously had all of its development Lights extinguished
under the Town of Southold, Suffolk County or New York State acquisiton of
development rights program or other easement, transfer, restrictix e cox enant or
otherwise.
,~87-6 Sanitary Flow Credit Transfer
The Sanitary Flo~ Credit transfer will allow the Town to bank sanitary' flow credits
I?om preserved land in the TDR Bank, and later sell those credits to private
developers for use exclusively in connection with af~brdable housing. All transfers of
Sanitary Floxx Credits pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
l. The sending district shall be any land ix ithin the Toxxn of Southold that is
trot defined as a Receiving District.
2. Tlqe receiving district shall be any lands designated Business lB), Hamlet
Business IHB), Residential Office IR()}, or Affordable Housing District
(AHD).
B. Designation of Development Rights
1. A development right for the purposes of this section ~87-6) shall be limited
to a sanitary flow credit.
C. Detemrinution of Sanitary' Flo,a Credit to be Deposited into the TDR Bank
1. Upon receipt ora contract lexecuted by tire seller) for the Tox`.n's
acquisifion of a parcel of property or tire development rights thereon, and
prior to the public hearing on tile purchase, tile Town Board shall request
that the Land Preserx ation Coordinator prox idea calculation off tile
sanitary flow credits available, subject to surxey, for transfer from the
parcel of property upon tine closing of the contract in accordance with its
2. Follow lng the closing on the parcel, sanitary flow credits sltall be placed
into the Toxx n TDR Bank by resolution of file Town Board, xxhich
resolution shall set lbrth the number of sanitary flow crcdits and the sourcc
of the credits. Tire Town Clerk shall maintain a log detailing the credits
transfen'ed into the bank.
3. The Town Clerk shall fomard the resolution to tire Tax Assessors Office,
the Land Preservation Departlnent, tile Special Projects Coordinator and
tire Platming Department for inclusion into the Town database.
D. Transfer of Sanitary Flow Credits to a Receiving District
Following the public hearing, the Town Board may by resolution attthonze the
transfer of sanitary ilo,,', credits. Tire resolution shall state that tile applicant shall
reccive a Sanitary Flow Credit Certificate, which slmll not be signed by the
Supervisor attd released by tire Town Clerk to the applicant until tile Covenants
and Restrictions as set forth at §87-6 F have been filed and such filing hits been
approved by the To,a n Attorney.
E. Sanitary Flo~x Credit Certificate.
1. An applicant must obtain and present a Sanitary Flow Credit Cet-tificate to
the Building Department prior to receiving a Building Pet-mit.
2. The Sanitary Flow Credit Certificate shall state the specific use fbr the
transferred credit and may be used only for construction of the project
listed on the Certificate.
3. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit
Cet'tificates that have been issued b3 the Town Board, and such log shall
contain the source and location of tbe transferred credit.
F. Covenants and Restrictions
l. Follo~x lng the Town Board resolution granting a transfer ora Sanitary Flow
Credit to a recipient pursuant to the procedures set lbrtb in this Chapter, the
applicant shall file in the office of the Suffolk County Clerk Covenants and
Restrictions in a form approx cd by the Town Attorney.
a. Tile Covenants and Restrictions shall contain ten~s and
conditions as tire To~xn Board and the Plmming Board deem
necessary to insnre that the dxx elling nnit created by the transferred
credit remains affordable in perpetnity, and shall be leased or sold
only to eligible individuals registered witb tbe Town of Southold
Housing Registry. The sale andor lease of the dx~ elling unit that
bas been constructed with the transferred credit shall be
administered through the To~n of Southold pursuant to the
provisions of Chapter 98 (Housing RegistryJ and § §100-50 through
59 {AHD), and the sale and'or lease price shall be set b? resolutiou
of the Town Board.
2. A cop5' of the filed Covenants and Restrictions must be filed xxitb the Town
Clerk within thit%{30) days of the approving resohttion. No Sanitary Flow
Credit Certificate shall issne until the Covenants and Restrictions have been
filed and such filing has been approved by tbe Town Attorney.
3. Tile Town Clerk shall forward the Covenants and Restrictions to the Town
Attorney, Tax Assessors Office, the Land Preservation Department, tbe
Special Projects Coordinator and the Planning Department for inclusion into
the Town database.
G. Revocation
Failure to comply with an5, of the requirements set forth in this section may result itt
rex ocation of the transferred sanitary flow credit. A sanitary flow credit may be
rexoked by Town Board resolutioo, lbllowing a public hearing, after ten (10) days
written notice of the hearing by personal sen'ice or certified mail has been given to
thc property owner.
H. Expiration
Any sanitary flow credit transferred to a recipient for construction oF a dwelling unit
shall expire and be returned to the bank one 3,ear after transfer if the dwelling unit has
not been issued a Certificate of Occupancy, unless an extension of time has been
requested by the property ox*her and granted by the Town Board. A request for an
extension of time shall be made one month in advance of the expiration. A sanitary
floxx credit shall be returned to the bank by resolution of the Town Board.
1. Return of Credit
In the B, HB or RO zoning districts, a property owner may apply to the ~[own Board
to return the transferred sanitary flow credit to the bank and extinguish the affordable
housing Covenants and Restrictions applicable to the property. The Town Board shall
hold a public hearing on the application, and notice shall be given in accordance with
Chapter 58. A sanitary flow credit shall be returned to the bank by resolution of the
Tow n Board.
SECTION II.- SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any
court of competent jurisdictiou to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in thc controversy iu which
such judgment shall have been rendered.
Section I11 - EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: Januat.'y IS, 2005
BY ORDER OF THE TOX3A'q BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH IN JANUARY 27~ 2005~ AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Traveler Watchman
Newsda?
Land Preservation Dept.
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOEK)
ELIZABETH A. NEVILLE, To~xn Clerk of the Town of Southold, Ne~x York being
duly sworn, says that on the ~'-/ day of ~._,,.,e,.,o_ . 2004, she affixed a
notice of ~x hich the annexed printed notice is a true copy. in a proper and substantial
manner, itl a lnost public place itl the Toxx il of Southold, SLlffolk County', New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing: Feb 15, 2005, 8:00 pin
(dElizab~'th A.
Southold To~xn Clerk
SWOI'II before n~this
~') da,,' of~004.
LYNDA M. BOHN
NOTARY PUBLIC, State of New
No. 01 BO6020932
{3uatified in Suffolk Coun~
Term Expires March 8, 20 ~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS i~LMqAGEMENT OFFICER
FREEDOM OF INFOIRb, L~.TION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
soul holdt own.nor t hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 28, 2005
PLEASE TAK_E NOTICE that ttle Town Board of the Town of Southold xvill hold a PUBLIC HEARING on the
aforesaid Local Law on February 15, 2005. the Local Law is entitled, "A Local Law in relation to Creation of
a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold". Please sign the
duplicate of this letter and return to me at your earliest convenience. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Grcenport
Town of Riverhead
Southold Town Planning Board
Soutbold Town Assessors
Soulhold Town Building Department
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date:
Signature, Received By
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTIL~I~ OF vrI'AL STATISTICS
I~L~RRIAGE OFFICER
}IECORDS [~L~d',IAGEMENT OFFICER
FREEDOM OF INFOR~L-kT[ON OFFICER
Town Hall, 5300.5 Main Road
P.O. Box 1179
Southold. New York 11971
Fax 163D 765-6145
Telephone ~6311 765-1800
sout ho[dtown.nort hfork.net
OFFICE OF THE TOWN CLERK
TO~qN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 27 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOIVN BOARD ON
JANUARY 18, 2005:
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Creation of
a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold' to the
Southold Town Planning Board and the Suffolk County Department of Planning[ tot- their
rccommendations and reports.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 62B OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 15, 2005:
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving the creation of Chapter 87 of the Code of the Town of
Southold, Transfer of Development Rights; and
WHEREAS, the purpose of the legislation is to provide for the transfer of Sanitary Flow
Credits, and thereby the transfer of development potential, fzom areas designated for preservation
to areas designated as more appropriate for higher density residential development.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations,
the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the
SEQR Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not
have a significant adverse effect on the environment for the reasons enumerated in the
attached Negative Declaration Form.
Elizabeth A. Neville
Southold Town Clerk
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
JOSHUA Y. HORTON
Supervisor
Town HallAnnex, 54375 Route 25
P.O. Box 1179
Southold, New York11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
April 12, 2005
Mr. Patrick Cleary
Cleary Consulting
529 Asharoken Avenue
Northport, NY 11768
Re: Chapter 87 - TDR
Dear Mr. Cleary:
Attached is the SEQRA report in connection with the referenced matter which
has been signed by the Supervisor. Please sign this report as "Preparer" and return it to
me as soon as possible.
if you have any questions, please feel free to call me.
Very truly yours,
Secretary to the Town Attorney
/Ik
Enclosure
SEQR
6'17.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a
project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in
one particular area may not be aware of the broader concerns affecting the question of significance.
The fuji EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been ordedy, comprehensive in nature, yet flexible enough to allow introduction of informafion to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a
reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also
identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually
important.
D~- t ~-RMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: [] Part I [] Part 2 [] Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
[] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant
impact on the environment, therefore a negative declaration will be prepared.
Although the project could have a significant effect on the environment, there will not be a significant effect for this
Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED
negative declaration will be prepared.*
[] C. The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Chapter 87 - Transfer of Development Rights
Name of Action
Town of Southold - Town Board
Name of Lead Agency
,/ Joshua Y. Horton
.~Type Name of Responsible Office in Lead Agency
/~ Signatur~ of Re~ponsibre Officer in Lead Agency
Supervisor
Title of Responsible Officer
Signature of Preparer (if different from responsible officer)
February 2005
Date
PART 1 - PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please
complete the entire form, Pads A through E. Answers to these questions will be considered as part of the application for approval and may be subject to
further verification and public review. Provide any information you believe will be needed to complete Pads 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or
investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
NAME OF ACTION
Chapter 87 - Transfer of Development Rights
LOCATION OF ACTION
Town-wide
NAME OF APPLICANT/SPONSOR
Town of Southold
BUSINESS TELEPHONE
(631) 764-1939
ADDRESS
Town Hall, 53095 Route 25
CITY/PO
Southold
STATE ~ ZIP CODE
New YorkI 11971
BUSINESS TELEPHONE
NAME OF OWNER(if different)
ADDRESS
CITY/PO I STATE I Zip CODE
DESCRIPTION OF ACTION
This action involves the adoption of a new Local Law in mlafion to the creation of a Transfer of Development Right Chapter 87 of the
Code of the Town of Southold. The purpose of the legislation is to provide for the transfer of Sanitary Flow Credits, and thereby the
transfer of development potential, from areas designated for preservation to areas designated as more appropriate for higher density
residential development.
Please Complete Each Question-Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: [] Urban J'~lndustdal [] Commercial [] Residential(suburban) [] Rural(non-farm)
[] Forest [] Agriculture []Other Open Space
2. Total acreage of project area: Approximately 34,687 acres, includinq Fishers Island
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc
Wefiand(Freshwater or tidal as per Articles 24,25 of ECL}
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type) Vacant
PRESENTLY AFTER COMPLETION
3,711 acres 3,7tt acres
7,333 acres 7,333 acres
10,202 acres 10,202 acres
5,700 acres 5,700 acres
N/A N/A
N/A N/A
2,893 acres 2,893 acres
4,848 acres 4,848 acres
3. What is predominant soil type(s) on project site? Carver-PIymouth-Riverhead, Haven-Riverhead Associations
a. Soil drainage: []Well drained 40% of site [] Moderately well drained 40% of site
[] Poorly drained 20% % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS
Land Classification System? 10,202 acres {See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? [~Yes [] No
a. What is depth to bedrock? 600' - 1,000' (in feet)
5. Approximate percentage of proposed project site with slopes: [] 0-10% 40% []10-15% 40%
[]15% or greater 20%
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Histodc
Places? [] Yes [] No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No
2
8. Wltat is the depth of the water table? ~ 5' (in feet)
9. Is site located over a primary, principal, or sole source aquifer? [] Yes [] No
'10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes [] No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
[] Yes [] No According to New York State Natural Heritaqe Inventory
Identity each
species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
[] Yes [] No
Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
[] Yes []No If yes, explain
14. Does the present site include scenic views known to be important to the community?
[] Yes []No
'15. Streams within or contiguous to project area: Mattituck Creek
a. Name of Stream and name of River to which it is tributary Lonq Island Sound, Peconic Bay
16. Lakes ponds, wetland areas within or contiguous to project area:
a. Name Laurel Lake, Maratooka Pond, Great Pond, Hashamomomuck Pond
b. Size (In acres)
'17. Is the site served by existing public utilities? [] Yes []No
a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No [] N/A
b) If Yes, will improvements be necessary to allow connection? [] Yes [] No [] N/A
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes []No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6
NYCRR6177 [] Yes []No
20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes []No (Town landfill)
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor N/A
b. Project acreage to be developed: N/A initially; Deoendant upon participation in TDR proqram
c. Project acreage to remain undeveloped '100% of Sendinq Districts
d. Length of project, in miles: NIA (if appropriate).
e. tf the project is an expansion, indicate percent of expansion proposed N/A %.
f. Number of off-street parking spaces existing N/A .; proposed N/A =
g. Maximum vehicular tdps generated per hour N/A
h. If residential, Number and type of housing units: N/A
One Family (2) Two Family Multiple Family
Initially
UItiumately
ultimately.
Condominium
I. Dimensions (in feet) of largest proposed structure__ height; __width;
j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ff.
length
2. How much natural material (i.e., rock, earth, etc.)will be removed from the site?
3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A
3
-0- tons/cubic yards.
' a.'lf yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? [] Yes [] No
c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A
$. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
[] Yes [] No [] N/A
6. If single phase project: Anticipated pedod of construction NIA
7. If multi-phased:
a. Total number of phases anticipated N/A (number).
b. Anticipated date of commencement phase 1 month
c. Approximate completion date of final phase month
d. Is phase 1 functionally dependent on subsequent phases?
8. Will blasting occur during construction? [] Yes [] No [] N/A
9. Number of jobs generated: dudng construction N/A ; after project is complete?
10. Number of jobs eliminated by this project? 0
11. Will project require relocation of any projects or facilities? [] Yes [] No
If yes, explain
months, (including demolition).
year,(including demolition).
year.
[] Yes [] No
N/A
12. Surface liquid waste disposal involved? [] Yes [] No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? [] Yes [] No Type
14. Will surface area of an existing water body increase or decrease by proposal? [] Yes
Explain
[] No
[] Yes
15. Is project, or any portion of project, located in a 100 year flood plain?
16. Will the project generate solid waste? [] Yes [] No
a. If yes, what is the amount per month? tons.
b. If yes, will an existing solid waste facility be used? [] Yes [] No
c. If yes, give name __; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain
[] No
[] Yes
[] No
17. Will the project involve the disposal of solid waste? [] Yes [] No
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? [] Yes [] No
19. Will project routinely produce odors (more than one hour per day)? [] Yes
20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes
21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s)
[] No
[] No
22. If water supply is from wells, indicate pumping capacity N/A gallons/minute.
23. Total anticipated water usage per day NIA gallons/day.
24. Does project involve Local, State or Federal funding? [] Yes [] No
If yes, explain
4
Type Submittal Date
Local Law
25. Approvals Required:
City, Town, Village Board
City, Town, Village Planning Board
City, Town Zoning Board
[] Yes [] No
[] Yes [] No
[] Yes [] No
City, County Health Department [] Yes [] No
Other Local Agencies
Other Regional Agencies
State Agencies
Federal Agencies
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] No
C. ZONING and PLANNING INFORMATION
1. Does proposed action involve a planning or zoning decision? [] Yes [] No
If Yes, indicate decision required:
[] zoning amendment [] zoning variance [] special use permit []subdivision []site plan
[] new/revision of master plan [] resource management plan [] other Adoption of TDR Local Law
2. What is the zoning classification(s) of the site? All zoninq districts in the Town of Southold
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
No
Chanqe
4. What is the proposed zoning of the site? TDR will not chanqe underlyinq zoninq desiqnation
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
Town-wide maximum build-out yield will not chanqe, distribution of development will change as a result of transfers.
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No
7. What are the predominant land use{s) and zoning classifications within a 1/4 mile radius of proposed action?
Aqricultural. Open Space, Residential, Commercial, Recreational
8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? [] Yes [] No
9. If the proposed action is the subdivision of land, how many lots are proposed? N/A
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No
'1'1. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? [] Yes [] No
a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No [] N/A
12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No
a. If yes, is the existing road network adequate to handle the additional traffic? [] Yes [] No [] N/A
D. Informational Details
Attach any additional information as may be needed to cladfy your project. If there are, or may be, any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose ,to mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Town of Southold Date February, 2005
Signature Title
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5
Part 2 - PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
· In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable?
The reviewer is not expected to be an expert environmental analyst.
· Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact
must be evaluated in PART 3 to determine significance, identifying an impact in column 2 simply asks that it be looked at further.
· The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude
that would tdgger a response in column 2. The examples are generally applicable throughout the State and for most situations. But,
for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response,
thus requiring evaluation in Part 3~
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been
offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
The number of examples per question does not indicate the importance of each question.
In identifying impacts, consider long term, short term and cumulative effects.
Instructions (Read carefully)
a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact
threshoid equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than
example, check column 1.
d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact
must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further.
e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
f. ~f a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also
check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3.
Impact on Land
1. Will the Proposed Action result in a physical change to the project site?
[] NO [~YES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length),
or where the general slopes in the project area exceed 10%.
· Construction on land where the depth to the water table is less than 3 feet.
· Construction of paved parking area for 1,000 or more vehicles.
· Construction on land where bedrock is exposed or generally within 3 feet of
existing ground surface.
· Construction that will continue for more than 1 year or involve more than one
phase or stage.
Excavation for mining purposes that would remove more than 1,000 tons of
natural matedal (i.e., rock or soil) per year.
· Construction or expansion of a santary landfill.
· Construction in a designated floodway.
· Other impacts:
2. Will there be an effect to any unique or unusual land forms found on the site?
(i.e., cliffs, dunes, geological formations, etc.) [] NO [~YES
· Specific land forms:
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] [] Yes [] NO
[] [] [] Yes [] No
[] [] [] Yes [] NO
[] [] [] Yes [] No
[] [] [] Yes [] No
[] [] [] Yes [] No
[] [] [] Yes [] No
[] [] [] Yes [] No
[] [] [] Yes [] No
[] [] [] Yes [] No
Impact on Water
6
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
' 3. Will'Proposed Action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
[] NO E}YES
Examples that would apply to column 2
· Developable area of site contains a protected water body.
· Dredging more than 100 cubic yards of material from channel of a protected stream.
· Extension of utility distribution facilities through a protected water body.
· Construction in a designated freshwater or tidal wetland.
· Other impacts:
4. Will Proposed Action affect any non-protected existing or new body of water?
[] NO [~YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body of water or more than
a 10 acre increase or decrease.
· Construction of a body of water that exceeds 10 acres of surface area.
· Other impacts:
5. Will Proposed Action affect surface or groundwater quality or quantity?
[] NO E]YES
Examples that would apply to column 2
· Proposed Action will require a discharge permit.
· Proposed Action requires use of a source of water that does not have approval to
serve proposed (project) action.
· Proposed Action requires water supply from wells with greater than 45 gallons
per minute pumping capacity.
· Construction or operation causing any contamination of a water supply system.
· Proposed Action will adversely affect groundwater.
· Liquid effluent will be conveyed off the site to facilities which presently do not
exist or have inadequate capacity.
· Proposed Action would use water in excess of 20,000 gallons per day.
· Proposed Action will likely cause siltation or other discharge into an existing body
of water to the extent that there will be an obvious visual contrast to natural conditions.
· Proposed Action will require the storage of petroleum or chemical products greater
than 1,100 gallons.
· Proposed Action will allow residential uses in areas without water and/or sewer
services.
· Proposed Action locates commercial and/or industrial uses which may require new or
expansion of existing waste treatment and/or storage facilities.
· Other impacts;
6. Will Proposed Action alter drainage flow or patterns, or surface water runoff?
[] NO [~YES
Examples that would apply to column 2
· Proposed Action would change flood water flows
· Proposed Action may cause substantial erosion.
· Proposed Action is incompatible with existing drainage patterns.
7
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
[] Yes [] NO
[] Y~s [] NO
[] Yes [] NO
[] Yes [] No
· Proposed Action will allow development in a designated floodway.
· Other impacts:
IMPACT ON AIR
7. Will Proposed Action affect air quality?
[] NO [~]YES
Examples that would apply to column 2
· Proposed Action will induce 1,000 or more vehicle trips in any given hour.
· Proposed Action will result in the incineration of more than 1 ton of refuse per hour.
· Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source
producing more than 10 million BTU's per hour.
· Proposed Action will allow an increase in the amount of land committed to
industrial use.
· Proposed Action wilt allow an increase in the density of industrial development
within existing industrial areas.
· Other impa~ts:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered species?
[] NO [~YES
Examples that would apply to column 2
· Reduction of one or more species listed on the New York or Federal list, using
the site, over or near the site, or found on the site.
· Removal of any portion of a cdtical or significant wildlife habitat.
· Application of pesticide or herbicide more than twice a year, other than for
agricultural purposes.
· Other impacts:
9. Will Proposed Action substantially affect non-threatened or non-endangered
species?
[] NO [~YES
Examples that would apply to column 2
· Proposed Action would substantially inter[ere with any resident or migratory fish,
shellfish or wildlife species.
· Proposed Action requires the removal of more than 10 acres of mature forest
(over 100 years of age) or other locally important vegetation.
· Other impacts:
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will Proposed Action affect agricultural land resources?
[] NO ~]YES
Examples that would apply to column 2
· The Proposed Action would sever, cross or limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc.)
· Construction activity would excavate or compact the soil profile of agricultural
land.
· The Proposed Action would irreversibly convert more than 10 acres of agricultural
land or, if located in an Agricultural District, more than 2.5 acres of agricultural land.
· The Proposed Action would disrupt or prevent installation of agricultural land
management systems (e.g., subsurface drain lines, outlet ditches, strip cropping);
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] [] [] Yes [] No
or create a need for such measures (e.g. cause a farm field to drain poorly due to
increased runoff).
· Other impacts:
IMPACT ON AESTHETIC RESOURCES
11. Will Proposed Action affect aesthetic resources? [] NO [~YES
(If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.)
Examples that would apply to column 2
· Proposed land uses, or project components obviously different from or in sharp
contrast to current surrounding land use patterns, whether man-made or natural.
· Proposed land uses, or project components visible to users of aesthetic
resoumes which will eliminate or significantly reduce their enjoyment of the
aesthetic qualities of that resource.
· Project components that will result in the elimination or significant screening
of scenic views known to be important to the area.
· Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, prehistoric or
paleontological importance? [] NO [~]YES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially contiguous
to any facility or site listed on the State or National Register of historic places.
· Any impact to an archaeological site or fossil bed located within the project site.
· Proposed Action will occur in an area designated as sensitive for archaeological
sites on the NYS Site Inventory.
· Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13. Will proposed Action affect the quantity or quality of existing or future open
spaces or recreational opportunities? [] NO [~YES
Examples that would apply to column 2
· The permanent foreclosure of a future recreational oppoH:unity.
· A major reduction of an open space important to the community.
· Other impacts:
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique characteristics of a
critical environmental area (CEA) established pursuant to subdivision
6NYCRR 617.14(g)? [] NO [~]YES
List the environmental characteristics that caused the designation of the CEA.
Examples that would apply to column 2
· Proposed Action to locate within the CEA?
· Proposed Action will result in a reduction in the quantity of the
9
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
[] Yes [] No
[] Yes [] No
'~esource?
· Proposed Action will result in a reduction in the quality of the
resource?
· Proposed Action will impact the use, function or enjoyment of the
resource?
· Other impacts:
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?
[] NO [~YES
Examples that wou~d apply to column 2
· Alteration of present patterns of movement of people and/or goods.
· Proposed Action will result in major traffic problems.
· Other impacts:
IMPACT ON ENERGY
16. Will Proposed Action affect the community's sources of fuel or energy
supply? [] NO [~YES
Examples that would apply to column 2
· Proposed Action will cause a greater than 5% increase in the use of any form
of energy in the municipality.
· Proposed Action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two family residences or to
serve a major commercial or industrial use.
· Other impacts:
NOISE AND ODOR IMPACT
17. Will there be objectionable odors, noise, or vibration as a result of the
Proposed Action? [] NO ~]YES
Examples that would apply to column 2
· Blasting within 1,500 feet of a hospital, school or other sensitive facility.
· Odors will occur routinely (more than one hour per day).
· Proposed Action will produce operating noise exceeding the local ambient
noise levels for noise outside of structures.
· Proposed Action will remove natural barriers that would act as a noise screen.
· Other impacts:
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
[] NO []YES
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic Iow level discharge
or emission.
· Proposed Action may result in the burial of "hazardous wastes" in any form
(i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.)
· Storage facilities for one million or more gallons of liquefied natural gas or
other flammable liquids.
10
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] No
· · PrelSosed Action may result in the excavation or other disturbance within
2,000 feet of a site used for the disposal of solid or hazardous waste.
· Other impacts:
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
19. Will Proposed Action affect the character of the existing community?
[] NO [--]YES
Examples that would apply to column 2
· The permanent population of the city, town or village in which the project is
located is likely to grow by more than 5%.
· The municipal budget for capital expenditures or operating services will
increase by more than 5% per year as a result of this project.
· Proposed Action will conflict with officially adopted plans or goals.
· Proposed Action wiJl cause a change in the density of land use.
· Proposed Action will replace or eliminate existing facilities, structures or
areas of historic importance to the community.
· Development will create a demand for additional community services
(e.g. schools, police and fire, etc.)
· Proposed Action will set an important precedent for future projects.
· Proposed Action will create or eliminate employment.
· Other impacts:
20. Is there, or is there likely to be, public controversy related to potential
adverse environment impacts? [] NO [~YES
if Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may
be mitigated.
Instructions (If you need more space, attach additional sheets)
11
' Di~cu'ss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the project relate to this impact.
(Continue on attachments)
Comprehensive Implementation Strategy - Generic Environmental Impact Statement:
A full and Complete evaluation of the potential impacts associated with the development of the proposed TDR
program is set forth in the 2003 Town of Southold Comprehensive Implementation Strategy, Generic
Environmental Impact Statement, and subsequent Findings adopted by the Town Board. These documents are
hereby incorporated herein by reference.
12
' FRD~ :CLEARY CONSULTING
FAX NO. :631 754 0701
Mar. 01 2005 03:56PM P2
CONSULTING
Plat~ntng & Environmental SerVices
.. Maroh 1; 2005
Patricia A. Finnogan, Esq.
Town Attorney'
Town of Southold
Town Hall Annex
54375 Route 25
Southold, NY I 1971-0959'
Re:' TRD - Hamlet Center B0u,ndar!e~
Dear Pat,
It is-my understanding that during the public heanng on.thO proposed TDR Legislation, a
question aros~ 'regarding reference to the "'hamlets" in tho Negati~,e Declaration. The.
fei!owing is offered by way of clarification,
The hamlets, as referenced in 'the :Negative D~claration~ are the generally recogrnized '
Commercial hubs of Laurel, 'Mattituek, New Suffolk~ Cutc~ogue, Peconic~ Southold,
. Oreenport west, Easi Marion and Orient, .that have been traditionally defined by the B -
Business,'HB - Hamlet Business'and Re~ Residential Offlee zoning districts.
The discussion of the hamlets refer directly to these areas. '
IfI'ean offer any further clari~fication, please do not hesitate to contact me.-.
Patfi~o~ry, AICP,PP ·
· ClearY. Consulting
529 ^sharoken Average · Northport, NY 11768
l'hoae (631) 754-3085- Fix (631))54-0701
Email: deary@opt0nline.net
www. cqcar¥cofisulting.co!n
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.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 62A OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 15, 2005:
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Joshua Y. Horton to retain Cleary Consulting to perform a review pursuant to SEQRA of the
proposed local law entitled "A Local Law in relation to Creation of a Transfer of Development
Rights Chapter 87 of the Code of the Town of Southold", in accordance with their proposal dated
February 3, 2005.
Elizabeth A. Neville
Southold Town Clerk
FEB, 14, 2005 4:03f~M
/ FF:gH :c_L6qRY CON~LLTING
F,qx NO, :G D1 '?54 8781
NO. 957 P. ~
l~l~ninl~..b gmSro~mental Seri~ces'
F~bmazy 3, 2005
.Pa~ficia A. Fim~¢gan, Esq.
· Town A~a~m~y
ToWn of. S/mil{old
Town H~I, ~309~ R~lo 25
Sou~old, ~ 11971-~959.
Ret Town·qf Soutbbld- .TDR Local I0iW:-SEORRevi~,w,
Dear Pat,
Pursuant 'to .o~r convOCation, 1' am pleased' to, submit, for ~ ~ ~d
' ~fi~ ~e' follo~g pmpos~ to ~40 ~f~sio~ pl~ s~c~'t9
· o'-T0~ of S~old,~g the'SEQR '~ew of a pr~osed L~ Mw
,~~ T~sf~'ofD~l~m~t ~gh~ (TDR).
I have.renewed ~ p~scd ~c~ Law, ~d ~ave ~-u~tan~g of ~e ~.
~e foHo~g ~o~1 ~ b~ ~fl~ to '~fide ~e To~ Bo~. ~ L~d
~ce ~ ~ a~Hcable.SEQR req~. ..
Scope 9f
FEP~,14.2005 4:03PM
FROM ;CLERRY CONb~TIN~
FaX .biO.
C.' Envir~nmentnl' AssessmentForm
· Prepb. re. a. l'.ong Bnviro~m~ntal Assessm~.t.
' support Ta~l~ 2~..& B..
'D. ' SEQl~.DoCumen~tio~ ' '.
Prepare, ail SB.QR documonts,, notic~ and' re~olutions-
· in~lu .dht$ pt~bl!caflon in 'th.e'Bn~,ironmental Notice Bul'leti.n, in
compliailce with'~,ciion 617 o.~ ~e SEQI~ Regul.ati°ns.
E.' P#bli~ M.getin~/Heattne~ ' · '
·: '. Support the Town Board,..as'pecessa~ 'and/or direlted by
'Ofli~¢ of thc Town Altom~], b~ .attending in'oject meetin~
· Ii~,' Fee Schedul;; '"
CIea y C .o il n is prep. ated to u/d ak.e'th 'project.d edbed
above' for a f~ not.~o exo~ed
The projcct, ~hall.' be billed ]~6ufly. i' breed.on the foil. owing f~
IH;
' schedule:
}, Pl-~. ir/CAD .Operate.$85.09/Hour
· ~ WOnl.Pr,ooos,~.' $20.00/Ho~r.
'Clc~'~onsul~' is prep/red to begio .Ivork on this pi-ojec~,
imm~clia~lyupon ~ttthori~alioll by'thc Town. It i~' estima~d ttlat th~
project can be.completed by Febl~ai'y 8~, ~00~..
3 P3
'.If .this proposal is' ~'~ *o be ~e
au~ to ~d ~ "be ~ by' ~ug~ the
~t' fn ~e'. ~~ 1~ ~w ~d returning ~e
' ~m~t,to ~ Conml~ for ~-~. ..
.'Patrick Clear~0 AI~P,PP
Cie, m,7 Cona-u,1 t'i~g
~ow~ Atto;tney