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Home My WebLink AboutSize, Height, Setback-Accy 2005L. K. McLean Associates, P.C. ,137 South Country Road * Brookhaven * New York * I 1719 (63 I) 286-8668 * FAX (63 I) 286-6314 EUGENE F DALY, P.E., P T O E ~, PRESIDENT and C E.O RAYMOND G DiBIASE, P.E, P.T.O E.TM, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, P.E.. VICE PRESIDENT ROY R FULKERSON, P.L.S, VICE PRESIDENT ALBERT T. DAWSON, P E., VICE PRESIDENT CONSULTING ENGINEERS As. sociates CHRISTOPHER F. OWYER JAMES L. DeKONING. P E. ROBERT A. STEELE. P.E May 10, 2005 Mrs. Patricia Finnegan Esq., Town Attorney Town of Southold 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 Proposal to Complete SEQR - Modification to Local Laws "Town of Southold Local Law in relation to the Size, Height and Setbacks for Accessory Buildings and to the Height of Buildings of Residential Structures" Dear Mrs. Finnegan: As requested by your office, the following is our cost proposal for providing professional services to complete the State Environmental Quality Review associated with the adoption of new local laws by the Town of Southold Town Board. Upon reading the draft copy of the proposed Local Laws (sent via fax), it is our understanding that the Town of Southold intends to adopt the above referenced local laws relative to the Town's Local Law in relation to setback requirements of accessory buildings and height of residential building requirements. Our lump sum fee for the professional services indicated above is $400.00 We wish to thank you for the opportunity to provide this proposal. Very Truly Yours Christopher F. Dwyer Associate · Foundedin 1950 · LIh%%A L. K. McLean Associates, P.C. 437South Country Road ,, Brookhaven · New York * 11719 (631 ) 286-8668 · FAX I631 ) 286-6314 EUGENE F. DALY, P.E., P T O.E.TM, PRESIDENT and C E O. RAYMOND G. DiBS, SE, P E., P.T O.E TM. EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, P.E., ViCE PRESIDENT ROY R. FULKERSON, P.L.S, VICE PRESIDENT ALBERT T. DAWSON, P E., VICE PRESIDENT CONSULTING ENGINEERS Associates CHRISTOPHER F DWYER JAMES L. DeKONING, P.E ROBERT A. STEELE. P.E. May 10, 2005 Mrs. Patricia Finnegan Esq., Town Attomey Town of Southold 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971-0959 66 SEQR for Proposed Town Code Change - Proposed local law A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" - Chapter 100. LKMA Project No. 04010.007 Dear Mrs. Finnegan: As requested by the Town of Southold, our office has reviewed the proposed action to be taken by the Town of Southold as defined in the March 29, 2005 Resolution received fi.om your office. The proposed local law to the Town's Zoning Code is classified as a SEQRA Type II Project in accordance with Title 6 of the New York Code of Rules and Regulations Parts 617.5 (c) (20, 27 and 28) [6 NYCRR Part 617.5 (c) (20, 27 and 28)]. As such, the action is not subject to SEQR review. (20) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment. (27) adoption of regulations, policies, procedures and local legislative decisions in connection with any' action on this list (of Type Il projects). (28) engaging in the review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and untd all requirements of this Part have been fulfilled. The revisions to the Code, as defined in the attached resolution, are intended to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. The action is being offered to update existing standards so as to reduce the impact of accessory buildings on adjoining residences with respect to lot size. Individual projects cannot be evaluated at this time. Additionally, since this law modification applies to residential buildings, the SEQR Review Process shall not be required. Our office is · Foundedin 1950· Lih%%A L. K. ~cLean Associates, P C. confident that adherence to the local codes and ordinances enacted by the Township will prevent a project from creating adverse impacts to the environment. CC: LKMA File Copy If you should have any questions regarding the content of this evaluation by our office please do not hesitate to contact this office directly. Very Truly Yours Christopher F. Dwyer Associate Tow~a Nail, 53095 Mam Road P.O. Box 1~79 $outhold, New York 11971 F~ (651) 765414~ Telephone ($$1) 76.5-1800 southolcl~owll.nOr t hfork,~t OFFICE OF ~ TOWN CL~RK TOWN OF $OL"THOLD THIS IS TO CERTIFY THAT ~ FOLLOWING RESOLDTION NO. 158 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF 'l'~v: SOUTHOLD TOWN BOARD ON MARCH 29~ 2005: WHEREAS, there has b~-n presented to the Town Board of~e Towri of Southold. Suffolk County, New York, on the 29th day of March 2005 a Local Law elatitled "A Local Law i~. relation to the Size~ Height and So.acks for Accessory Buildings" now, therefore, be it RESOLVED ~mt th~ Town Board of thc Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Tow~ Hall, 5~09~ Main Road, Southold, New York, on thc 10a' day of May 2005 at 8:05 o.m. at which time all imerested persons will be given an opportunity to be heard. The propos~ local law ontifled, "A Local Law in relation m the $ize~ Heioht and Setbacks for Accessory Baildia~s" reads as follows: LOCAL LAW NO.. 2005 A Local Law enlitied "A Local Law in relation to the Sizc~ HeiSt a~d Setbacks for Accessory BE IT ENACTED by ~ Town Board of the Town of Southold, as fonows: I, Purpose- The purpos~ ofthi~ Local Law is ~o ~stablish clear standarcls goveraing the maximum building height, size and setbacks for accessory structures, in order to fhrther presorve the character of single-~mailyneighborhoods and reduce conftmion among zpplicantz and town officials. These changes will reduce thc impact of accessory buildings on adjoining residences. These changes shall apply ~o the Low- Density Residential (R-40) zoning districg as well as the R-80, R-120, R-200, R.-400 and Agricultu~al-Conservadon (A-C) zolxi.ug diztric~s. H. Chapter 100 of lite Zoning Code of the Town of Southold is hereby amcmded as follows: § 100-33. Accessory buildings. 6 'c E:~S'O~ ~¥9a:6 ~gl)~'Ot '^V~ In the Agdcultural-Con~ervation Dis~ct and L~w-Dc~it7 Residential R-80, R-120, R-200 ~td R-400 Distr/cm, accessory bu/ldings and sm~mures or o~her accessory uses shall be located in the required ~ear yard, subject to the folio-~g requirements: A. Such buildings sha/l not exceed ~ twem'v-two (22) £e~t in height B. Such buildinzs shall not exceed 660 muar~ feet on lots conta/nin[ uv to 20,000 ~qna~e feet. and shall npt exceed 750 square.feet on lots 20.000 souare feet tn 60.000 saaare feet. C. Setbacks. (1) On lots containing up to .~::=.~'*.hc==~ (gO, OO0) ten ~d (10,000) sq~ f~ ~ch b~ sh~ be s~ b~k no less ~ ~eo (3) ~ ~m ~y lot ~c. (2) ~ lo~ con~s t~ ~o~ (10,0001 so~ f~ ~ to ~n~ ~o~md ~h~ ~d ~-~e (19.999/so~ f~. s~h b~ai"~ ~ be set b~ no l~ss ~ ~ five (5) f~t ~om ~y lot.~ ~ set back no l~s vh~n fix'c (~) t~ (10) f~ ~m ~y lm ~C h~ ~-~e (59.999) ~ ~e~ ~h b~l~ ~ be s~ b~ no less ~ ~ 5~c~ (15) ~eet ~m ~y lot ~c. s~ b~k ~ lm~ ~ := (t ~) ~ (20).fe~ ~m ~v lot (79,999) sq~e fee~ such b~l~s s~ be s~b~k no less ~ ~ five (25) f~ ~m ~y lot III. Severability. If any clau~e, sentence, paragraph, sect/on, or psat of tl~s Local Law shall be adjudged by my court of competent jurisdiction to bc invalid, the judgment shall not effect the validity of this law a~ a whole c~ any part thereof oth~r ,I~ the part so decided to bc unconstitutional or invalid. IV. Effective date This Local Law slufll take effect immediately upon filing with the Secretary of Stal~ a~ provided by law. Strikc-throu~ repres~t, deletion. Underline represen1~ insertion. Elizabeth A. NeviEle $outhold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HE.~R1NG May 10, 2005 8:05 P.M. HEARING ON "A LOCAL LAW IN RELATION TO THE SIZE, HEIGHT AND SETBACKS FOR ACCESSORY BUILDINGS." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William H. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Fim~egan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March 2005 a Local Law entitled "A Local Law in relation to the Size~ tteight and Setbacks for Accessory Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Lax~. at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th day of May 2005 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Sizc~ Height and Setbacks for Accessorv Buildings" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. Il. Chapter 100 of the Zoning Code oflhe Town of Southold is hereby amended as follows: § I00-33. Accessory buildings. May I0, 2005 2 Public Hearing-Size, Height & Setback for Accessory Structures hi the Agricultural-Consep,'ation District and Low-Density Residential R-80, R-120, R-200 and R-400 Distr/cts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighleeu-(4~ twenty-tx~o (22) feet in height. B. Such buildings shall not exceed 660 square feet on lots containin~ up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 squ~e feet. C. Setbacks. (1) On lots containing up to ~ ......... - ~,,~s ,.~o~,~ ...... a r~n~,~.,nnm ten thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing ten thousand ~O~square tZet, up to nineteen thousand nine- hundred and ninety-nine (19,999) square t~et, such buildings shall be set back no less than ~ five (5) feet from any lot line. ............ twenty thousand (20,000) square feet up to thirty-nine ~ ~ On lots containing ...... ~ .... thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five r~'~ ten (10) feet from any lot line. ~ forty thousand (40,000) square feet up to fifty-nine thousand nine hundred ninety-nine (59,999) square feet, snch buildings shall be set back no less than .... ~" ttln~'-I fifteen (15) feet from any lot line. ~ ~ On lots containing sixty thousand (60,000) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ~ twenty (20) feet from any lot line. ~ ~ On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square tEet, such buildings shall be set back no less than ~ twenty fiVe (25) feet from any lot line. III. SeverabiliB~. If any clause, sentence, para~aph, section, or pan of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the jud~ent shall not effect the validity of this la~x as a whole or any pan thereof other than the paa so decided to be nnconstitutional or invalid. IV. Effective date This Local Law shall t~e effect immediately upon filing with the Secreta~, of State as provided by law. SUPERVISOR HORTON: Thank you, Councilman Wickham. COUNCILMAN WICIGfAM: We do have notice that it bas been published in the local newspaper, it has been on the Town Clerk's bulletin board out there and at the end we also have a comment that [ read before from our Planning Board. SUPERVISOR HORTON: Let's make sure that is incorporated and that was in regard to the 18 to 20 foot height? COUNCILMAN WICKHAM: Mmmhmm. SUPERVISOR HORTON: Would anybody care to address the Board on this specific hearing? Yes, Ms. Debold. May 10, 2005 3 Public Heating-Size, Height & Setback for Accessory Structures JULIE DEBOLD: Good evening and thank you for the chance to speak. Julie Debold, Long Island Farm Bureau. I have come with a lnemo regarding the proposed legislation from our executive director, Joseph Gergela. And it is, [ will just cut right to it. "Long Island Farm Bureau is a membership association of over 7200 farmers, fishermen, agribusinessmen and individuals interested in a rural quality of life. Regarding the amendments to the above referenced code, LIFB requests an explicit exelnption be written within this legislation for agr/cultural structures that are part of a bona fide farm operation. This legislation appears to be aimed at non-farm, residential accessory structures. However, as Southold Town becomes more suburban and loses the once common knowledge of its agricultural history, the code as currently written is open to interpretation to mean any structure or building that in not a residence. As such. it casts a dragnet which catches up farm buildings necessary to a farm operation. The code as written applies to Agricultural-Conservation and Low-Density zoning districts where farming is the primary land use and may fall within the New York State certilied Agricultural District. As an example of how the proposed legislation encompasses farm buildings necessary to a farm operation, a standard barns exceeds the proposed limitations as written in this code. LIFB does not believe it is the intention of the Board to unreasonably restrict farn~ operations in Southold Town. For this reason, LIFB requests an explicit exemption be written within this proposed legislation for agricultural structures that are part of a bona fide farm operation." Thank you. SUPERVISOR HORTON: Thank you. MS. DEBOLD: And I have the copy for each of you. SUPERVISOR HORTON: That would be great. Thank you. I will make sure they get distributed. 1 believe Ms, Oliva, you .... RUTH OLIVA: Ruth Oliva, again, Chair of the Zoning Board of Appeals. We do support this legislation and feel it will help us tremendously itl some of the accessory buildings that are being built sometimes a little bit too big and sometimes suspiciously adding on to illegal apartments. But I do want to say, you do have a typo here. In the agricultural and low density residential, in your second, right under Chapter 100, low density residential should read R-40 then R-80, then R120 and so forth and so on. TO~,q'4 ATTORNEY F1NNEGAN: I can address that. MS. OLIVA: Oh. TOWN ATTORNEY FINNEGAN: And I knox,,' the Planning Board made that comment, too. R-40 is in 100-30 A 4 is R-40. That is the R-40 section, 100-30-Al. That says there under accessory. buildings, accessory buildings shall be subject to the same requirements as 100-33 of the AC district. So as with the other parts of R-40, it refers over. So the amendment does apply to R-40 also. SUPERVISOR HORTON: Good catch, though. MS. OLIVA: Good. Anyway, we do support it. I am not going to go into length about it but it will really help us, I think, in setting some restrictions. Thank you. May 10, 2005 4 Public Hearing-Size, Height & Setback for Accessory Structures SUPERVISOR HORTON: Thank you. Are there other comments fi'om the floor on this specific hearing? Yes, Ms. Norden. MELAN[E NORDEN: Hi, Melanie Norden, Greenport. Just as a point of reference, what is the definition of these accessory buildings? SUPERVISOR HORTON: The definition of accessoD' buildings? MS. NORDEN: Right. SUPERVISOR HORTON: Actually, the Town Attorney will read that for you momentahly. TOWN ATTORNEY FINNEGAN: Accessory building or structure: a building or structure detached from a principal building, located on the same lot as and customarily incidental and subordinate to the principal building. MS. NORDEN: So do we have any definition that precludes residential habitation in the accessory structures that are currently being defined under this law? SUPERVISOR HORTON: I didn't understand that? MS. NORDEN: Is there anything in this proposed legislation or in any other definition that precludes or defines residential habitation in an accessory building? SUPERVISOR HORTON: Not within this code, no. MS. NORDEN: Okay, so can these buildings be occupied residentially? SUPERVISOR HORTON: No. For an accessory structure to be lived in... MS. NORDEN: Right. SUPERVISOR HORTON: ...I believe that. correct me ifI am xvrong, but I believe that requires, if it is possible, it requires a special permit or exception from the Zoning Board of Appeals. TOWN ATTORNEY F1NNEGAN: Right. MS. NORDEN: So the intention is not essentially to create accessory buildings that will be lived in, residentially? SUPERVISOR HORTON: No. Actually it deals with the size of them. MS. NORDEN: Okay. The other thing that I am concerned about, actually, is why was, if in fact the purpose of the lax,,' as such is to reduce the impact of accessory buildings on surroundings areas or properties, why was the height changed from 18 to 22 feet? May 10, 2005 5 Public Hearing-Size, Height & Setback for Accessory Structures SUPERVISOR HORTON: Actually because, that is a very good question that we all asked. And the, that is not why it is a good question, though; that the Planning Board also asked as well and please feel free to explain it more articulately than I may be able to but I believe it is because the point at which it is measured is different. So the overall height as I understand it. allowable height, isn't different. COUNCILMAN WICKHAM: We are now measuring to the ridge. MS. NORDEN: Okay. COUNCILMAN WICKHAM: Formerly it was an average measurement between the eaves and the ridge. MS. NORDEN: Right. Because I guess one of the things that people would then query is whether in fact this therefore makes all accessory buildings easily two stories in height, as opposed to one story,. And if we are talking about buildings the function of which is primarily as additional work space, rather than living space, I really question why we need two story., 1,500 square feet or somewhat larger accessory buildings, smack dab against the property lines of residential lots. In other words, I would really also like to recommend that you might consider taking a 10 foot setback on all accessory buildings, regardless of the lot size because in point of fact, the burden it seems to me should really be on the property owner who wants to build the accessory building, rather than the neighbor who actually has to look at is. So in other words, in my neighborhood, there are a lot of very large now, because there is a lot of expensive homes being built, excessively large in my definition, accessory buildings smack dab on the lot line, which brings accessory buildings and their purposes much closer to my IMng space. So it would seem that if in fact, you are going to want to build an accessory building, it would be fairer to 3'our neighbors if that building had a 10 foot setback, regardless of lot size, than if that building had a three foot or less setback to the property line. Because it just makes all of that, what is going to go on in that accessory building a whole lot closer to my living space. And if you are now talking about two foot accessory buildings, or two story accessory, buildings, with square footages of 1,500 square feet, i.e. the tbot print is 660 or 750 times two, you are talking about a pretty large structure and then with windows and possibly even dormers, we are talking about something even bigger. So this is not, you know, some carpenters work space or some boat builder who is building a dinghy. This could really be quite a large structure and to have that fight on the property linc, I think really creates a burden for the neighbor x~ho actually didn't ask for the accessory building to begin with. So if you could consider more generous setbacks, given the fact that some of them probably would be, some people probably would ask tbr variances from the Board of Appeals as it is, I think that would be also helpful and if we really could consider making a very clear definition and perhaps every building that is built should have the CO that makes it very clear that residential living is not allowed. SUPERVISOR HORTON: That is... MS. NORDEN: In each building? SUPERVISOR HORTON: Ifa building has a CO, it, you ~know .... May 10, 2005 6 Public Hearing-Size, Height & Setback for Accessory Structures MS. NORDEN: But will that be clearly defined? It will say that no one can live in this building for one night, two weeks, three weeks, a summer, a season, a year or ),ear around? COUNCILMAN ROMANELLI: A lot of definitions that come out, a lot of the definitions nov.' that currently come out of the Zoning Board will be granted without habitable space allowed. It will say it right on the blueprints, it will say it on the building permit. MS. NORDEN: Right. So anybody that has a two story accessory building that is really quite attractive with lots of windows and doors and all sorts of other things, it will be clear that those will not be rentable structures? For residential habitation? COUNCILMAN ROSS: This law does not address the use of the structures, the use is set in the code and it doesn't affect that. MS. NORDEN: Okay. COUNCILMAN ROSS: Okay? ']?he purpose is to make these structures smaller and the height that is set has, will do that if taken in conjunction with the other law that was presented tonight. Because the measuring point v.411 be changed and consequently two story accessory structures will not be pemfitted. So that is the purpose of this law and that will be the affect of it, to eliminate the second story on accessory structures. MS. NORDEN: So it really will do that then, because the 22 foot height means then that you can't have a second story. COUNCILMAN ROSS: The 22 foot height in conjunction with the other suggested change means you can't have a second story, that is correct. MS. NORDEN: Well, that is good. Thank you. COUNCILMAN ROSS: You are welcome. SUPERVISOR HORTON: .Me there other comments from the floor on this specific hearing? Yes, Mr. Strang. GARRETT STILadqG: Thank you. Garrett Strang, Southold. Could Mr. Ross expound on that, ! am not quite clear on the fact that you can't have a t'~o story accessory structure if you are allowed a height limit of 22 feet with a flat roofi COUNCILMAN ROSS: Basically my understanding comes from various meetings with the Building Department and that read in conjunction with the other code, this will allow for some storage above the first floor but not permit a second story... COUNCILMAN ROMANELLI: But you bring up a fiat roof... May 10, 2005 7 Public Hearing-Size, Height & Setback for Accessory Structures MR. STIL&NG: If you have a fiat roof, you are going to have a second story and whether it is used for storage or not, it is still a second story and I am just, I don't recall .... COUNCILMAN WICKHAM: I think the law is silent on the question of stories. MR. STRANG: I believe it is. COUNCILMAN WICKHAM: The law is clear about the limit but it is silent on the number of stories. The purpose of it and we had many discussions back and forth, first of all, the size of the structure was predicated on the basis of what a two car garage would require with a little bit of excess tbr walking around and what not. The height limit was a reflection of the concern that there are quite a number of accessory structures which are much taller than this, which clearly are much more than what we normally think of as an accessory structure. The purpose of this was to bring it doxvn. The purpose was not to restrict it to a particular number of stories. MR. STRANG: Thank you. So, if ! understand correctly, you could in theory have a two story accessory structure? COUNCILMAN ROMANELLI: Flat roof. MR. STRANG: Well, even with a gable roof with a dom~er. COUNCILMAN ROMANELLI: Yeah, I guess in the center... MR. STRANG: Because the accessory, the other aspect of the code that we spoke about at the previous hearing was the pyramid law. That does not apply to accessory, structures. So there is no limitation on, that would kind of limit whether you cotlld have a second story or not. I am not proposing that we invoke a pyramid lax,,, for accessory structures but ! am just trying to clarify it in my mind. I did have some other points, if I ma5' indulge the Board's attention. I would like to see if the Board would give consideration to the fact that accessory buildings be permitted in a side yard as well, provided that they meet the principal dwelling setback or principal building setbacks, especially on comer lots and waterfront lots, okay? So I think that is something that is worthy of some thought and consideration. COUNCILMAN ROSS: Say that again? MR. STIL~NG: Accessory structures, right now it is only permitted in a rear yard, okay? I believe that it should be permitted in a side yard in comer lots and waterfront lots, with the proviso that it meets the principal dwelling setback, i.e. a minimum of 10-15-20, whatever the lot size requires, dictates. Are the restrictions for accessory structures. I don't see, again, I don't see any reference to how they apply to other residential districts that are not specifically outlined here or the other districts in the town, commercial business and the like. So I don't know if this, again, under consideration as it was under the other situation. I do take somewhat of a slight exception to the agricultural aspect of things in accessory buildings. [ think agricultural accessory buildings, height, size and location, proximity to property lines, when abutting residential properties should have some restrictions, so that you don't have a monstrous barn sitting five feet, three feet. eight feet off a property line of someone's residential May I0, 2005 8 Public Hearing-Size, Height & Setback for Accessory Structures backyard. So I think there should be some consideration given there. You know, a little give and take on everybody's part. Again, we just talked about the two story situation so that is fine. And lastly, as far as the building size go, I am not sure that it is right to penalize people with lot sizes less than 60,000 square feet as to the size of the building they should put on it or they can put on it. I think, once again, the size of the accessory structure should be proportionate to the yard area that it is situated in. for example, if it is situated in a rear yard and there is, when you looked at the lot and you defined this is your rear yard, you have 5,000 square feet of rear yard, a percentage of that rear yard could be covered with an accessory structure, which would automatically dictate its size relative to the size of the property; as opposed to hitting a 60,000 square foot acid down penalization for those lots. So, thank you for your time. SUPERVISOR HORTON: Thank you, Mr. Strang. Are there other comments on this hearing? Mr. Baiz. And then I will move to you Ms. Gould and then Mr. Dinizio. CHRIS BAIZ: Good night, ladies and gentlemen of the Board, since it is getting late. My name is Chris Baiz of Southold. Ijust want to understand a couple of things about this. As defined right now, accessory buildings are all agricultural buildings a subset of accessory buildings? SUPERVISOR HORTON: Not a subset, cio. A~icultural buildings are agricultural buildings. MR. BAIZ: Building or buildings? They are not a subset. Are they mutually exclusive? Under this law, as written? UNIDENTIFIED: Ag structures are principal buildings, they are not affected by this at all. MR. BAIZ: Period? UNIDENTIFIED: Yeah, period. Not even this late at night. MR. BAIZ: We have legal opinion to that fact? So that it is on the record, ladies and gentlemen? That agricultural buildings are principal buildings? SUPERVISOR HORTON: Mr. Baiz .... MR. BAIZ: Well, I just x~m~t to .... SUPERVISOR ttORTON: Well, I am trying to answer your question. The building inspector has the authority to make that determination and that is who is charged under state law to actually say so and that is... MR. BAIZ: Okay, so are you then telling me if the building inspector says no, the agricultural building is not a principal building and so therefore you fall under this law? SUPERVISOR HORTON: No, if it is an agricultural building used in the agricultural operation, then it is an agricultural building. If it is a building used in an agricultural operation, it is an agricultural building and as Mr. Verity stated, a principal structure. May 10, 2005 9 Public Hearing-Size, Height & Setback for Accessory. Structures MR. BAIZ: And not an accessory structure under this law? SUPERVISOR HORTON: That is correct. MR. BAIZ: Okay. COUNCILMAN ROSS: I would also note. Mr. Baiz. this doesn't affect any property in excess of two acres. MR. BAIZ: Okay. Now, in contrast to an example that was just given about restricting agricultural buildings near residential or next to residential parcels. You know, it is always nice to sort of give the halcyon overview of 'well, we won't let that happen' but in reality in one situation that I am involved in right now, within my farm I have a one acre lot, all subdivided out, with a small residential cottage on it and on that one acre lot it appears that that's probably really the only good site on my entire farm to put a barn that I need for storing my agricultural equipment and supplies. And so again, it will probably take up part of the side yard on this 40,000 square foot lot and part of the rear yard for you know, approximately a 3,200 square foot building. You ~know, something 40 by 80, 40 by 60 even. Maybe that small. And so the issue then becomes okay, it is a one acre residential lot with a primary residence on it but in my operation it will probably be the only place without eating up valuable farm land that I can site an agricultural building on my property. Now, that then fhlls under this 40,000 square foot lot but it is going to be involved with the agricultural operation on the other side of the property line and common ownership. SUPERVISOR HORTON: You are sighting a very unique and specific example and one that I don't think any of us up here actually have an answer to. MR. BAIZ: I just want to understand, do I fall under, does that one acre parcel keyed into my farmland fall under the .... COUNCILMAN ROMANELLI: Well, I guess it all depends on how you make your application, you know? MR. BAIZ: Okay. COUNCILMAN ROMANELLI: To me that would be the answer, if you are looking to ha,'e it crone in and be part of the one acre lot or you are going to come in and make it part of your farm operation, I think it all depends on how you make your application out and what you put down as your use for it. MR. BAIZ: Okay. Alright. Fine. And thank you for the clarification that a=~cicultuml buildings are not accessory buildings under this la,v. I appreciate that. SUPERVISOR HORTON: Thank you, Mr. Baiz. And Ms. Gould. JENNY GOULD: I am kind of having a stroke that the building envelope, height envelope doesn't apply to accessory buildings because my neighbor's lot is less than 20.000 square feet, he has already built an accessory building which is 3.5 feet from the line, which is totally legal. Twenty-two feet to May 10, 2005 l0 Public Hearing-Size, Height 8: Setback for Accessory Structures the ridge, totally legal under your new proposed code, 614 square feet, two story. There is nothing that prevents you from having two story and the key is, the reason he was able to do it is he is under 20 percent lot coverage, grad here are the pictures. I mean, this accessory building is as large as most houses in the neighborhood. And you aren't going to stop that unless you put either some kind of building height envelope, or as Mr. Nickles said, some kind of multiplier on the side yards. SUPERVISOR HORTON: Are these for the record? To keep? Okay, thank you. COUNCILMAN ROSS: This is an accessory structure? MS. GOULD: That is an accessory structure. I am trying to give you, it is perfectly legal. It has (inaudible) accessory and storage. COUNCILMAN ROSS: There are pictures, I think, floating around in the audience of an accessory structure and this is really... MS. GOULD: If this is what you are tr34ng to address, this is why you have to give specific examples because this is not going to cut it. If the building height envelope isn't applied to it or some kind of multiplier on the side yard. SUPERVISOR HORTON: Thank you, Ms. Gould. Mr. Dinizio and then the gentleman in the back. JIM D1N[ZIO: Jim Dinizio, Greenport. Jenny is the exact example that I came here with tonight because in fact, that particular lot was before the Zoning Board and .... SUPERVISOR HORTON: ,And that was granted? MR. DINIZIO: Well, that wasn't the subject of our application, actually. It was the house, which think is probably going to end up .... SUPERVISOR HORTON: The smaller building on the property? MR. D1NIZIO: Huh? SUPERVISOR HORTON: The smaller building in the picture? MR. DINIZIO: Uh. yeah. You can't see it because the accessory is in front of, it is behind the accessory. It is on the water. It is a waterfront lot, there is a lot of things probably involved in that but in any case, I think that raising that height 22 feet is probably a big mistake. And even the amount, although the 650 is probably just a single car garage, I am not sure, I 'Imow that is what you were looking basically for, you know, I walk past the house every morning that this lady lives next to and their structure seems to be pushing the envelope also. You knox','... COUNCILMAN WICKHAM: Jim, xx hat you said before about height... May 10, 2005 l 1 Public Hearing-Size, Height & Setback for Accessory Structures MR. DINIZ[O: About height? The 22 feet is excessive. For an accessory structure. I mean, if we are looking, if we are defining an accessory structure as a place that is accessory to the house, you know. that you park the car in. you do your, you know, painting or potting shed. I mean, the potting shed seems to be a real popular thing in the past 3'ear or so. Listen, we grant them and basically we let them have water but no heat and things like that. So, I think that you have really got to look at this a little bit closer, especially on smaller lots. I don't think you are punishing smaller lots with smaller accessory structures. It is a product of the lot. You know. I live on a quarter acre lot and you knox',', l don't think that I could put a garage in my backyard, it is 100 by 100. and 3wu knox',', I have a shed back there, 10 by 10 and it seems to be enough. I knox,,, that, myself a property rights person sa~,fng that enough is for all the properties is probably not consistent with my '`'iew but, xvith what I normally would say but I think that when you are addressing accessory structures and keeping in mind that that is what they should be for, you know, allowing an3lhing more than tbrowing some 2 by 4's up on the rafters, you know, finishing a floor on the second floor, I think you ought, you should look at all of that. There shouldn't be a floor on that second floor. You know, something you can walk on. But again, then that comes down to the building inspector. One more comment, what the building inspector says to you, he lives in a different world than you or I do. He does. No, listen, we have him come before us and what we think is so confusing, when he comes before us makes so much sense. Because he lives in a different world than you or I because he is dealing with the structure. He is dealing with whether or not it is a useful floor space and we are dealing with, you know, a second floor. Okay? A second floor to him is livable space. You know, 8 foot ceilings, sheetrock, you know, electrical outlets ever3~vhere. To us it is .just a height and so you know, when he says you know that 22 foot building can't be second story, hey, that is only legally, it really has nothing to do with what happens after they get that CO. ,&nd naturally, we don't entbrce that. I don't know if there is a mechanism that, where we can go knocking on doors and sa3:, 'hey. you are living in there?' Very difficult to do. So, shy of not being able to knock on people's doors, you have to limit it in some way. Because it can get out of hand. I know it is affordable housing but honestly, it goes beyond that. If the structure is not a livable structure and the place bums down, I don't know, god forbid. I don't know who is to blame Ibr that, certainly not the Town xxon't take responsibilit3 for it. Thank you. SUPERVISOR HORTON: Thank you. Sir, in the back. yes. JOHN DUMBLIS: Good evening, John Dumblis, Mattituck. First off, I have two questions and I believe I knox,,, the answer to the first. There is a clause in the code that accessory structures are allowed in the front yard of waterfront properties. I believe that is unchanged in this legislation. SUPERVISOR HORTON: That is correct. MR. DUMBLIS: Okay, so that will continue to be right. The other question I have is, how actually is the square footage determined? Because if you go to any of a variety of commercial plans that are available and perhaps our amhitect in residence here can address this a little further but in any case, you can find a variety of relatively what I would consider modest size garages with a loft space over head and they tend to from my experience, they tend to include that loft space in the square footage. Now I am told that the Town has a different interpretation, that this would be the footprint itself, not including any upper space. So I was just wondering if that could be clarified. May 10, 2005 12 Public Hearing-Size, Height & Setback for Accessory Structures SUPERVISOR HORTON: So the specific question is, how is the square footage of the accessory structure calculated? MR. DUMBLIS: Yes. COUNCILMAN ROMANELLI: I believe it is by footprint. UNIDENTIFIED: You are correct in the assumption it is by footprint. TOWN ATTORNEY FINNEGAN: Right. MR. DUMBLIS: But that is contradictory to standard practice, in a lot of cormmercial plans, so perhaps this is an ambiguity that might cause some problems. Okay, that said, I have a great deal of sympathy for people living on small lots and I certainly would not want an accessory structure looming over my residence. I have a different situation however. I have a lot in excess of an acre, which would be covered under this legislation. I also, I might have, I might say that I have infringements on setbacks on both sides of my lot, I have a non-conforming, pre-existing accessory structure three foot from my property line on one side. I have a residential structure, which actually was a sutw'e34ng error when it was expanded several years ago, that infringes on the setback on the other side of the property. I am at the point now where I would like to build a garage on my property, I am already working with a builder and there was a comment made earlier in the evening that I definitely would echo is that plans already underway that are nearing completion that have not yet reached the submittal process, that there be some consideration given for that because basically if this law went into effect immediately or as soon as possible I would probably have to trash all the work that [ have done on this project so far. But in any case, I understand I can go to the ZBA, I would prefer not to, [ would like to build as-of-fight but now I am being told that I am going to have a more rigorous setback on my property than either of my two neighbors and I feel that is blatantly unfair. That said, the other issue is again, my property is in excess of an acre, it is by Town record it is 1.1 acre by survey it is about a one and a quarter acre, you know, you be the judge. My house is a relatively modest house, I do not have a garage, I do not have an attached garage. I am a middle-class honteowner, I own several cars, I have a trailer-able boat, I have a small trailer that I use to take things to the dump. These items are now scattered around my property because I do not have a garage. I would like to build a reasonable garage to garage several vehicles, again, a small trailer or two and have a little bit of additional storage space possibly in the overhead loft. I fear that this code is going to preclude me from doing this. Now, Mr. Wickham mentioned earlier and I agree with what Mr. Wickham said that the basic criteria is somewhere around a two car garage, which seems reasonable and then again, if I was a small lot in a hamlet that would be a very admirable goal. But again, I have over an acre of property. My lot coverage now is somewhere under two percent. If I wanted to build the ultimate garage that [ wanted to build, which again, it is not 1,500 square foot as somebody mentioned but a garage big enough to garage a couple of vehicles, a slnall boat and some yard equipment that I have in my basement at this point. I think I would be beyond the allowable limits of this code. So, again, with due sympathy for what everyone is concerned about, I think there should be a little more consideration for the larger lots on the larger side of this legislation so that l would not be limited to a two car garage on a one plus acre lot. Thank you. SUPERVISOR HORTON: Thank you, sir. Yes, Mr. Simon. May 10, 2005 13 Public Hearing-Size, Height & Setback for Accessory, Structures MICHAEL SIMON: Michael Simom again, from the ZBA. First ~vith regard to special circumstances sttch as we have just heard, of course this is precisely the domain itl which the Zoning Board of Appeals operates, rather than to try to revise a code or proposed change to the code to fit a special circumstances, which is just asking for trouble. But what I really want to say is having heard some of the comments regarding some of the problems with accessory structures which are large and rather imposing, in addition to the one referred to by Ms. Gould, I am aware of at least two other situations where in fact the Zoning Board has been called to examine principal property and haven't been allowed because of conformity, these rather large, rather livable garage structures which raise problems. So I would think that it might be, with regard to the accessory building resolution, it might be a good idea to go back and look at this. This is an opportunity I think to try to sort that out which should not be missed. In other words, if you are in the business of trying to revise the accessory building structure, there are lots of other instances such as we have heard which ought to be handled and because they are not special they are increasingly common. Ultimately that might mean a change in the code regarding the inhabitability of apartments in these accessory buildings which are nov.' permitted, as the one (inaudible), large enough to be accessory apartments, whether they are or not, and as I said, at least two other o[' those have come to the attention of the Zoning Board of Appeals, although they are not within our domain. So I think that this is an opportunity to deal with a broader set of problems thm~ merely the ones that are dealt v.'ith so eloquently in the resolution and the proposed law as it has been written. SUPERVISOR HORTON: Thank you, Mr. Simon. Mr. Nickles. JOHN NICKLES, JR.: Good evening again. John Nickles, Junior. I think that when I first started heariug about these accessory buildings, concerns about the accessory buildings, mostly what l heard was them turning into dwellings. Now, I think that this code probably does address that somewhat but I think that you could eliminate second stories altogether and people will adapt to what the code says. And they will squeeze it into that space. That two car garage, it might be one story, that becomes a two car apartment or something. So, if there is something in the back of your mind that is motivating you to write this lax'`, that has something to do with that, knox'`, that the market always adapts and people always adapt to what the laws are and to what the circumstances are. You could eliminate out buildings and accessory structures altogether, you will have attached garages with areas above them. So if this is one of your primary concerns, this is not going to solve it; it is an enforcement issue. I would also like to give some support to the idea that I heard this evening about maybe having a proportion, a size proportional to rear lot area or to lot coverage. [ think that that's a better idea and it will keep things in proportion to the size property and the space that they are on. [ think that is a better way to go. Thanks. SUPERVISOR HORTON: Thank you. Are there other comments? Yes, Mr. Yakaboski. GREG YAKABOSKI: Greg Yakaboski, Southold. Two points, one, I think John, the point you make about legal apartments, if that is some of the motivation that is out there for the Board, it is really a code enforcement issue. You are not going to be able to solve it with the current lax','. SUPERVISOR HORTON: We lack some clarity on that. That is a good point raised. That is not the motivation, at least that hasn't been through the several 3'ears of work sessions that this has been discussed. Hasn't been the intent or the motivation behind that. May 10, 2005 14 Public Hearing-Size, Height & Setback for Accessory Structures MR. Y,~,LABOSKI: Just hearing a lot of comments from the floor, Josh. SUPERVISOR HORTON: No, it is a good point. MR. YAKABOSKI: Real issue, but this is not going to get to it. Second question, just a quick question. Under the current law, again I don't have it in front of me, if there is, for example, let's say that this is passed tonight, and there had been a building permit already issued, somebody has it in their hand. No dirt, no shovel in the ground, no bricks on the ground. Can that move fonvard or not? SUPERVISOR HORTON: If the3' had a building permit issued .... MR. YAKABOSKI: Yesterday. Yesterday. You passed it, becomes effective today. Just give me an example. No, no. I know. it is effective when you file it... SUPERVISOR HORTON: That is important but that building permit would be valid under the code at the time it was issued. MR. YAKABOSKI: It could move forward, right? SUPERVISOR HORTON: Yeah. MR. YAKABOSKI: And on all of these things (inaudible), it does not preclude somebody coming forward to the ZBA and seeking relief. TOWN ATTORNEY FINNEGAN: Correct. SUPERVISOR HORTON: That is correct. MR. YAKABOSKI: Thank you for your time. SUPERVISOR HORTON: Indeed. Any other comments from the floor? Are there other comments on this hearing? (No response) Is there anything that needs to be entered into the record? COUNCILMAN WICKHAM: Several comments that the Planning Board made earlier. "Height of 22 feet is excessive for accessory structures and should remain at 18 feet. It is not clear whether the height limitation of 22 feet for accessory structures is applicable to ag structures." Although I think we answered that. "The oex~ restrictions for accessory structures are applicable to properties in the R-40 zoning district." I think xve answered that. And the rest of it has to do with height, the earlier hearing. SUPERVISOR HORTON: Okay. Thank you very much, And we will close this hearing. Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 9, 2005 RECEIVED ~,~AY I 9 2005 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Sonthold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Town of Southold Zoning Action: Amendment to Section 100-33 "Size, Height and Setbacks for Accessory Buildings" and Section 100-32 and 100-34 "Height o f Buildings and Residential Structures". Public Hearing Date: 5/10/05 SCPC File No.: SD-05-06 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP Director of Plann'm~ ~ Principal ~lanner ~ APF:cc G:\CCHORNY~ZONING~ZONING~WORKING\LD200~&PR~SH05-9.APR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. J~OX 6100 · (631) 853-5190 i00 VETERANS MEMORIAL HIGHWAY HAUPPAUOE, NY 11788-0099 TELECOPIER (631) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INF()RI~XTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone 1631 ~ 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 303 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 10, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to retain L.K. McLean Associates to conduct a SEQRA review on the proposed Local Laws entitled "A Local Law in relation to Size. Height and Setbacks for Accessory Buildings" and "A Local Law in Relation to Height of Buildings of residential Structures"~ for thc sum of $400.00 pursuant to their proposal. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRb\GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax ~63D 765-6145 Telephone 1631 ~ 765-1800 southold~,own.nort hfork.net OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 304 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 10, 2005: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed amendment to Chapter 100 of the Town Code "A Local Law in Relation to Height of Buildings of Residential Structures" is classified as a Type II action pursuant to SEQRA roles and regulations, and is not subject to further review under SEQRA. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~R OF VI~ ~TATIST[C~ M~mAGE bF~I~'ER ..... RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (6311 765-6145 Telephone (63D 765-1800 southoldtown.nor thi%rk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the Town Board of the Totem of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on May 10, 2005, at 8:05 pm. the Local Law is entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Bafildings'. 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 Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature,~ 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 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ¥~ITAL STATISTICS MARRIAGE OFFICER RECORDS MPd~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631~ 765-6145 Telephone (631 ~ 765-1800 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the atbresaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Elizabeth A. Neville To~m Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Toxvn Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS M.~qR[AGE OFFICER RECORDS M.~'~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (63D 765-6145 Telephone ~ 6311 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the atbresaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings". Please sign the duplicate of this letter and remm to me at your earliest convenience. Thank you. Attachments CC: Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Toxvn Planning Board Southold Toxvn Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~ignatu~, Received By ' - ' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS M.~RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2002 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Te[ephone (631 ~ 765-1800 southoldtown.nor thfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the atbresaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings'. Please sign the duplicate of this letter and retum to me at your earhest convenience. Thank you. Attachments Elizabeth A. Neville To~vn Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Tmvn of Southampton Southold Town Trustees Southold Town Board of Appeals 'gn , ceive~ By D Date: DUPLICATE TO BE SIGNED AND RETURNED TO 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 (631i 765-6145 Telephone (631) 765-1800 sour holdtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings'. Please sign the duplicate of this letter and retum to me at your earliest convenience. Thank you. Attaclunents cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Plamfing Board Southold Town Assessors Elizabeth A. Neville To~vn Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Southo/~, vn Building Department Signa~ Received BY~/~ Date: ~////~'O~~ ~× DUPLICATE TO BE SIGNED AND RETURNED TO / SOUTHOLD TOWN CLERK APR ] 2 2005 L ~%A~OF ASSESSORS OF SOUT~OLD ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK ~ TOWN OF SOUTHOLD /\ April 12, 2005 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~63]_) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings". 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 Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold 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: ~.~::~/3 ~'~ a ~'-' DUPLICATE TO BE SIGNED AND RETURNED TO 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 1631~ 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the atbresaid Local Laxv on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings'. Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signatare, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED'TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~RR[AGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ¢63D 765-6145 Telephone (631) 765-1800 sout holdt own.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the Town Board of the Tovm of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings". convenience. Thank you. Please sign the duplicate of this letter and return to me at >'our earliest Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By 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: .t~//¢/d~-'-- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VIT.~L STATISTICS M2kRRL~kGE OFFICER RECORDS 1VLa~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on May 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Plarming Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors To~.wn Buil~'r~ Department Signature, Received By Elizabeth A. Neville To~m Clerk Long Island State Park Commission Town of Shelter Island Town of Southan~pton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO 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 {6311 765-6145 Telephone (631) 765-1800 southoldtown, nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE TAKE NOTICE that the To~q~ Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on IVlay 10, 2005, at 8:05 pm, the Local Law is entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings". convenience. Thank you. Please sign the duplicate of this letter and return to me at your earliest Attactunents cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold TowR Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Toxvn of Shelter Island Town of Southampton Southold Town Trustees Southold Toxvn Board of Appeals ~ ~ Date: Cff[,3/OX Stgnature,' Received' By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTItOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATIST[CS I~LARRIAGE OFFICER RECORDS M.M'iAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone 1631) 765-1800 southoldtown.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2005 PLEASE 'FAKE NOTICE that the Toxxn Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on/vla3' 10, 2005, at 8:05 pm, the Local Lax;, is entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Bui dings . convenience. Thank you. Please sign the duplicate of this letter and return to me at your earliest Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Iown Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By 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 APR 1 3 2005 Date: z[z~Nma I~OAR.D OF APPEALS DUPLICATE TO BE SIGNED .aND RETURNED TO SOUTHOLD TOWN CLERK Li~luori, Joanne From: Sent: To: Subject: Kelcy Edwards [kelcyedwards@hotmail.com] Monday, May 09, 2005 11:51 PM joshhorton03@yahoo.com Re: Public Hearing comments / Size, Height and Setbacks Accessory Buildings - May 10 Address is: Kelcy Edwards 4709 Main Bayvzew Rd Soutbola, HY 11971 >From: Josh Horton <joshhorton03~yahoo.com> >To: Kelcy E~wards <kelcyedwards@notmail.com> >Subject: Re: Public Hearing comments ! Size, Height and Setbacks Accessor7 >Buildings - May 10 >Date: Mot, 9 Hay 2005 20:15:12 -0700 {PDT~ > >Kelcey. > >Thane you for taking the time to provide thiese important points to the >record. > >I will forward them to the Tcwn Clerk for entry. > >Wodl~ you also be so ~in2 as to email your a~dress. We also incorporate >that into the record. > >jYh > >Ke]cy Edwards <keicyedwards@hotmail.com> wrote: >Dear Hr. Horton: > >I have reaa with ~nterest the proposed zox~ing code change pertaining to >height anO setback of accessory struotures. Unfortunately, I cannot attenO >the public ~earzng scheduiea for this issue, but hereby submit written >co~ent that I request be introduced into the hearing testimony. > >The generally recon~nenaeO minimum size for a 2 car garage (with small shop >or storage area) is =n the range of 500 square feet, so a 660sf structure >is >not much larger, nor ~s even 750sr. These are r~ot particularly large >~uildin~s. Just garaging 2 cars and possioly a trai[erable boat starts to >max out under t~e proposed code c~ange. > >1) A 750 sf s~ngle level garage on a 60,000sf lot would cover only aOout 1~ >of the lot's area~ certainly not a significant portion. Current zoning >typically al]o~s for up to 20% of lot cooperage. > >2) ACTUALLY EHCOUgAGES LARGER HO[.IE CONSTRUCTION (McMans~ons!: The propose~ >law affects only free standing Accessory Structures. This could actuai15 >encourage construction of Momes with larger integrated garages, as these >are >not significantly restricted. Visually, these houses would appear much >larger due to increased interior garage space. > >3) ENCOURAGES COHSTRUCTION Or SEPARATE ACCESSC, RY BUILD±NGS: instead of ~ >single functional cutbuilding, this law coul~ actually encourage >construction of multiple smaller ATcessory Structures on a lot. {The actual >numDer of struutures is not limited, and some in~iv~Ouals might De led to >construct zndi~iduai garage, workshop, studio, piantin[ sheo, eec., to ! RECEIVED t,<P~' ] ,~; 2005 %utholrl Town flor~ >provide for space that ~e could have been in a single >structure. Once again, the visual impact would be inferior to a single >structure.) > >4) MEW SETBACKS AFFECT EVEN INSIGNIFICANT "Home Depot" KIT SHEDS: The Town >makes no ~istinct±on between significant constructed bu±l~ings and small >kit-built sheds co~nonly sold at home improvement centers !some as small as >25square feet). The increased setOacks promulgated in this new law specify >that these sheds be setback as much as 25 feet from ~he property line. >Isn't this a bit of overkill? If these sheds do not require a building >permit, then why be subject to such severe setback requirements. > >51 HOW IS SQUARE FOOTAGE ~ETERMINED?: Co~ercial garage plans usually >incluoe any "loft" area in their square footage determination, but >reportedly, Southold To~n would not include thzs space in calculations >pertaining to this code. This ambiguity can be misinterpreted and should be >clearly specified i~ t~e coOe. > >6) OTHER ISSgES: Other provisions of the zoning co~e allow for >acco~o.~ation Oased on existlng condition !location of existing buildings, >plant screenings, etc.). The proposed law makes no accommodation. >instance, the intent of the .haw is stated "~o reduce the impact of >acsessory >buildings on adjoining residences." But there is no uniform residential 1pt >in the town. Homes are located at varying distances ~rom property lines, >an~ perhaps in Oifferent locatiDnal arrangements with varie~ separations. >Wh~t ~f there is no adjacent residence (farmlanO, open space, undevelopable >land, ousiness property, etc.)? > >One zan respect the apparent intent of this law, but it appears that it's >deficiencies could actually lead to negative end results while >simultaneously depriving homeo~ners of reasonaOle use and e~]oyment of >their >land. > > >If ~he unwritten o~jective of the code chan~e is to reduce so called >illegal >apartments, then this is the wrong approach. Precluding normal, reasonable >accessory uses /vehicle garage, hobby workshops, artist's studios, or just >plain household storage areas) should not be restrictet to reduce another >"problem." And restricting just the smaller properties as opposed >multi-acre sites to elzminate illegal apartments san Se deemed >discriminatory and subjest t{! legal challenge. > > >Thank you. > >K. Edwa r~s > > >Express yourself instantly with MSN Messenger! Downloa5 today - it's FPEE! >http: ~,'messenger.msn.click-url.com/go'onm002004?la~e/direct/01 > > Express yourself instantly with MSN Messenger! Download today - it's tREE! http: / /messenger.msn.ciick-url .com/go 'onmOO2004 71ave/direct, O1/ tonc st,xn I;a m nc. '104 Edwards Avenue, Calverton, NY '1'1933 Phone: (63'1) 727-3777 Fax: (63'1) 727-372'1 TO: FROM: DATE: RE: SOUTHOLD TOWN SUPERVISOR JOSHUA HORTON SOUTHOLD TOWN BOARD MEMBERS JOSEPH M. GERGELA, III EXECUTIVE DIRECTOR, LONG ISLAND FARM BUREAU MAY 10, 2005 PROPOSED "A LOCAL LAW IN RELATION TO THE SIZE, HEIGHT AND SETBACKS FOR ACCESSORY BUILDINGS" Long Island Farm Bureau (LIFB) is a membership association of over 7,200 farmers, fishermen, agribusinessmen and individuals interested in a rural quality of life. Regarding the amendments to the above referenced code, LIFB requests an explicit exemption be written within this legislation for agricultural structures that are part ora bona fide farm operation. This legislation appears to be aimed at non-farm, residential accessory structures. However, as Southold Town becomes more suburban and loses the once-common-knowledge of its agricultural history, the code as currently written is open to interpretation to mean an)' structure or building that is not a residence. As such, it casts a dragnet which catches up farm buildings necessaD, to a farm operation. The code as written applies to Agricultural-Conservation and Low-Density zoning districts where farming is the primary land use and may fall within the New York State certified Agricultural District. As an example of how the proposed legislation encompasses farm buildings necessary to a farm operation, a standard barn exceeds the proposed limitations as written in this code. LIFB does not believe it is the intention of the Board to unreasonably restrict farm operations in Southold Town. For this reason, LIFB requests an explicit exemption be written within this proposed legislation for agricultural structures that are part ora bona fide farm operation. PLANNING BOARD M]gMBERe JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY To: From: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Elizabeth A. Neville, Town Clerk Jerilynn Woodhouse, Planning Board Chairperson Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED ~^Y 10 2005 Southold Town Clerk Date: May 9, 2005 Re: Planning Board Comments/Recommendations Re: "A Local Law in relation of the Height of Buildings of Residential Structures" "A Local Law in relation to the Size, Height and Setbacks for Accessory Structures" As requested, the Planning Board has reviewed the legislation in reference to the above-captioned Local Law proposals, which are subject to a pubic hearing on May 10, 2005. The Planning Board offers the following comments and recommendations at this time: 1. A height of 22' is excessive for accessory structures and should remain at 18'. 2. It is not clear whether or not the height limitation of 22' for accessory structures is applicable to agricultural structures. The new restrictions for accessory structures are applicable to properties in the R-40 Zoning District as described in the Purpose section of the legislation. However, the text of Section 100-33 fails to include the R-40 Zoning District and should be amended accordingly. The Planning Board supports the concept of preventing excessive massing of residential structures. Therefore, with respect to the height limitations for residential structures, the Planning Board has no objections to the Local Law as proposed. However, additional new legislation is DEPARTMENT OF PLANNING COUNTY OF SUFFOU SUFFOLK COUNTY F'XECLrrlvE THOMAS ISLES, AICP April 15, 2005 RECEIVED Town Clerk Town of Southold Applicant: Toxvn of Southold APR 2 6 2005 Southold Town Clerk Zoning Action: Amendment to Section 100-13 "Definitions", 100-32 & 34 "Building Schedule" & "Building Height Envelope" Res. 159 & 179 "Height of Buildings & Structures" Public Hearing Date: 5/10/05 SCPC File No.: SD-05-04 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP Director of Planning Principal Planner APF:cc G ICCHORNY~ONING~ONINGIWORKING~_D200~&PR\SD0f-04.APR · Page l of 2 . - RECEIVED Liguori, Joanne 2005 From: Josh Horton [joshhorton03@yahoo.com] Sent: Monday, May 09, 2005 11:15 PM $outh0ld Town £1er[ To: Kelcy Edwards Subject: Re: Public Hearing comments / Size, Height and Setbacks Accessory Buildings - May 10 Kelcey. Thank you for taking the time to provide thiese important points to the record. I will forward them to the Town Clerk for entry. Would you also be so kind as to email your address. We also incorporate that into the record. jYh Kelcy Edwards <kelcyedwards~hotmail. com> wrote: Dear Mr. Horton: I have read with interest the proposed zoning code change pertaining to height and setback of accessory structures. Unfortunately. I cannot attend the public hearing scheduled for this issue, but hereby submit written comment that I request be introduced into the hearing testimony. The generally recommended minimum size for a 2 car garage (with small shop or storage area) is in the range of 500 square feet, so a 660sf structure is not much larger, nor is even 750sf. These are not particularly large buildings. Just garaging 2 cars and possibly a trailerable boat starts to max out under the proposed code change. 1) A 750 sf single level garage on a 60,000sflot would cover only about 1% of the lot's area, certainly not a significant portion. Current zoning typically allo~vs for up to 20% of lot coverage. 2) ACTUALLY ENCOURAGES LARGER HOME CONSTRUCTION (McMansions): The proposed law affects only free standing Accessory Structures. This could actually encourage construction of homes with larger integrated garages, as these are not significantly restricted. Visually, these houses would appear much larger due to increased interior garage space. 3) ENCOURAGES CONSTRUCTION OF SEPARATE ACCESSORY BUILDINGS: Instead ora single functional outbuilding, this law could actually encourage construction of multiple smaller Accessot3, Structures on a lot. (The actual number of structures is not limited, and some individuals might be led to construct individual garage, workshop, studio, planting shed, etc., to provide for space that otherwise could have been accommodated in a single structure. Once again, the visual impact would be inferior to a single 5/10/2005 · Page 2 of 2 structure.) 4) NEW SETBACKS AFFECT EVEN INSIGNIFICANT "Home Depot" KIT SHEDS: The Town makes no distinction between significant constructed buildings and small kit-built sheds commonly sold at home improvement centers (some as small as 25square feet). The increased setbacks promulgated in this new law specify that these sheds be setback as much as 25 feet from the property line. Isn't this a bit of overkill? If these sheds do not require a building permit, then why be subject to such severe setback requirements. 5) HOW IS SQUARE FOOTAGE DETERMINED?: Commercial garage plans usually include any "loft" area in their square footage determination, but reportedly, Southold Town would not include this space in calculations pertaining to this code. This ambiguity can be misinterpreted and should be clearly specified in the code. 6) OTHER ISSUES: Other provisions of the zoning code allow for accommodation based on existing condition (location of existing buildings, plant screenings, etc.). The proposed law makes no accommodation. For instance, the intent of the law is stated "to reduce the impact of accessory buildings on adjoining residences." But there is no uniform residential lot in the town. Homes are located at varying distances from property lines, and perhaps in different locational arrangements with varied separations. What if there is no adjacent residence (farmland, open space, undevelopable land, business property, etc.)? One can respect the apparent intent of this law, but it appears that it's deficiencies could actually lead to negative end results while simultaneously depriving homeowners of reasonable use and enjoyment of their land. If the umvritten objective of the code change is to reduce so called illegal apartments, then this is the xwong approach. Precluding normal, reasonable accessory uses (vehicle garage, hobby ~vorkshops, artist's studios, or just plain household storage areas) should not be restricted to reduce another "problem." And restricting just the smaller properties as opposed to multi-acre sites to eliminate illegal apartments can be deemed discriminatory and subject to legal challenge. Thank you. K. Edwards Express 3'ourself instantly with MSN Messenger! Download today - it's FREE! http://messenger.msn.c lick-url.com/go/onmOO2004 71ave/direcff01/ 5/10/2005 Neville, Elizabeth From: Sent: To: Subject: Kelcy Edwards [kelcyedwards@hotmail.com] Monday, May 09, 2005 10:56 PM Neville, Elizabeth Public Hearing comments / Size, Height and Setbacks Accessory Buildings - May 10 RECEIVED Dear Ms. Neville: 1 0 2005 I would appreciate you providing copy of this statement to Town Board meK~ers in time for May 10 public hearings... I have read with interest the proposed zoning code change pertaining to ~OUJ~OJd ~Wfl CJer~ height and setback of accessory structures. Unfortunately, I cannot attend the public hearing scheduled for this issue, but hereby submit written comment that I request be introduced into the hearing testimony. The generally recommended minimum size for a 2 car garage (with small shop or storage area) is in the range of 500 square feet, so a 660sf structure is not much larger, nor is even 750sf. These are not particularly large buildings. Just garaging 2 cars and possibly a trailerable boat starts to max out under the proposed code change. 1) A 750 sf single level garage on a 60,000sf lot would cover only about of the lot's area, certainly not a significant portion. Current zoning typically allows for up to 20~ of lot coverage. 2) ACTUALLY ENCOURAGES LARGER HOME CONSTRUCTION (McMansions): The proposed law affects only free standing Accessory Structures. This could actually encourage construction of homes with larger integrated garages, as these are not significantly restricted. Visually, these houses would appear much larger due to increased interior garage space. 3) ENCOURAGES CONSTRUCTION OF SEPAPJ%TE ACCESSORY BUILDINGS: InsTead of a single functional outbuilding, this law could actually encourage construction of multiple smaller Accessory Structures on a lot. (The actual number of structures is not limited, and some individuals might be led to construct individual garage, workshop, studio, planting shed, etc., to provide for space that otherwise could have been accommodated in a single structure. Once again, the vJ. sual impact would be inferior to a single structure.) 4) NEW SETBACKS AFFECT EVEN INSIGNIFICANT "Home Depot" KIT SHEDS: The Town makes no distinction between significant constructed buildings and small kit-built sheds commonly sold at home improvement centers (some as small as 25square feet). The increased setbacks promulgated in this new law specify that these sheds be setback as much as 25 feet from the property line. Isn't this a bit of overkill? If these sheds do not require a building permit, then why be subject to such severe setback requirements. 5) HOW IS SQUAnRE FOOTAGE DETEPMINED?: Commercial garage plans usually include any "loft" area in their square footage determination, but reportedly, Southold Town would not include this space in calculations pertaining to this code. This a~iguity can be misinterpresed and should be clearly specified in the code. 6) OTHER ISSUES: Other provisions of the zoning code allow for accommodation based on existing condition (location of existing buildings, plan~ screenings, etc.). The proposed law makes no accommodation. For instance, the intent of the law is stated "to reduce the impact of accessory buildings on adjoining residences." But there is no uniform residential lot in the town. Homes are located at varying distances from property lines, and perhaps in different locational arrangements with varied separations. What if there is no adj residence (farmland, open land, business property, etc.)? undevelopable One can respec5 the apparent intent of this law, but it appears ~ha[ it's deficiencies could actually lead to negative end results while simultaneously depriving homeowners of reasonable use and enjoyment of their land. If the unwritten objective of the code change is to reduce so called illegal apartments, then this is the wrong approach. Precluding normal, reasonable accessory uses (vehicle garage, hobby workshops, artist's studios, or just plain household storage areas) should not be restricted to reduce another "problem." And restricting just the smaller properties as opposed to multi-acre sites to eliminate illegal apartments can be deemed discriminatory and subject to legal challenge. Thank you. K. Edwards Express yourself instantly with MSN Messenger! Download today - it's FREE! http://messenger.msn.cllck-url.com/~o/onm00z004 lave/direct/01/ f0§/09/2091 90:21 631~984649 NORTH FORK ENV COUNC ~GE 81 25 a~ Love ~ne, PO Box 7eg, Ma~tuck, ~Y 11952 Tel_: 631-298-8880 Fax: 6~1.298.4~e c~o~flllne.ne~ ~.nfec~.org May 10, 2005 RECEIVED Supervisor l-]'orion Members of the Town Board Southold Town I AY 10 2005 Dear Supervisor Hutton and Members of the Board: Southold Town Clerk Thc following comments are offered on the proposed "A Local Law in relation to the Size. FIeight and Setbacks for Accessory Buildings". The purpose of thc proposed local law states that thc changes "will reduce the impact of accessory structures on ad:joining residences". The height and size allowances provided for are too generous and could in fact lead to a change in the character of neighborhoods and impacts to adjacent property owners. A 22 ft. high structure 3 feet offthe property line could adyersely impact neighbors. In the purpose of other proposed local law you are considering tonight, "A l,oeal Law in relation to the I-leight of Buildings of Residential Structures", it states that it is "designed to prevent overcrowding and prevent the loss of open space, air, sunlight and privacy to neighbors. The specifications of this proposed local law seem to run contrary to that purpose. A 22 ft. high structure, just three feet off the property line, could certainly create a loss of open space, air circulation, sunlight and privacy and could lead to thc kind of overcrowding that is seen in other Townships on Long Island,. On roughly a ~/, acm lot. the accessory, structure could have a foot print of 650 sq. ft. Given the height allowance proposed, the structure could accommodate 2 stories. A structure this size is larger and could' have more habitable square footage than some of the houses in neighborhoods with % acre lots. Structures this size could quite easily be converted to apartments or secondary dwelling units. Considering the limited staff the Town h~, employed to enforce the code, it would be imprudent to allow structures of this size, especially on non-conforming lots. Conversion of accessory structures to dwelling units impacts all tax-payers and leads to over crowding of neighborhoods. NFEC recommends that setbacks be a minimum of 10 and fl~at structures on lots less than 20,000 sq. ft. have a footprint no larger than 484 sq. ft. All accessory structures should be no more than 1 $ ft. in height. This is ample room for a 2-car garage and a ~ructure this size is less likely to be converted into a dwelling unit. NFEC also recommends that Certificates of Occupancy issues on accessory structures should clearly state that the structures are not to be used for habitation. Sincerely. NFEC Executive Director a non-profit organization for rJqa preservation of land, sea. air and cluallW of life LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Tox~n'~ of Southold, Suffolk County New York, on the 29th day of March 2005 a Loca Law en~itled"A L al L wi rela- tion to the Size. lleieht and Setbacks for Accessory ~ and NOTICE IS HEREBY FUR- THER GIVEN that the Toxin Board of the Town of Southold will hold a public heari,ng on the aforesaid Local Lax~ at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 10.__Lh day of Ma,,' 2005 at 8:05 o.m. at which time hll interested persons will be iven an opportunity to be [card. The proposed local law enti- tled,"X - alLow'hr I ti n to the Size. Height and Setbacks for Accessory ~ reads as follows: 2005 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southotd, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory struc- tures, in order to further preserve the character of single-family neighborhoods and reduce con- fusion among applicants and town officials. These changes will reduce the impact of acces- sory buildings on adjoinihg resi- dences. These changes shall apply to the Low- Density Residential (R-40) zoning dis- trict as we as the R-80 R-190 R-200, R-400 and Agricult~tral- Conservation (A-C) zoning dis- tricts. II. Chapter 100 of the Zoning Code of the Town of Southold hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural- Conservation District and Low- Density Residential R-80, R- 120, R-200 and R-400 Districts, accessory buildings and struc- tures or other accessory uses shall be located in the required ['ear yarc~, subject to the follow- lng requlrements: A. Such buildings shall not exceed ~ tw"entv-two (22) feet in height. B. Su h ildi shall not exceed 660 sauare feet on lots containine an to 20.000 sqoare feet. and shall not exceed 750 souare feet on lots 20.000 square f~et to 60.000 souare feet. C. Setbacks. (1) On lots containing up to thousfind (10,000) square feet. such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing ten thousand (10.000/ souare feek un to nineteen thougand nine- hhndred and ninety-nine (I9.999/souare feet. such build- inas shall-be set back no less than ....... ~ five (5) feet front On lots containing _":crc, :~ar, twenty thousand (20,000) square feet up to thirty- nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) ten (10) feet from any lot line. 04 L4.I On lots containing sand (40.000) sauare feet up to fifty-nine thousand nine htmdrcd ninety-nine (59.999) square feet. such buildings shall be set back no less than :ch (:0) fifteen (151 feet from any Itt line. ('g") L~ On lots containing sixty thousand (60.000) square fee(up to sevenw-nine thousand nine hundred ninatvmine 179.9991 suuare feet. such build- inas shall be set back no less than ten ~',9) iwentv 120} feet from any lot t'~ (6/On lots containing in excess of sevent~-ninc thousand nine handreu ninety-nine (79,999) square feet, such build- ings shall be set back no less graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdic- tion to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstituttonal or invalid. IX5 Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents.dele- COU2',ITY OF SUFFOLK STATE OF NEW YORK ss: Jacqtteline M. Dub& being duly sworn, says that she is the Legal Advertising Coordinator, of the D'ttt'eler lI~ttchman. a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler ~VateJ)tnan once each week for./-~..:....week(s) ._! successively, conl,,o~ejlcing on the ...... 1. ..... 2' ..day of ......{i - ,~41. - · -~=~, -( ............. 2009. ........ : ....... L..'~...;;;;: .................. tion. . !,; Underline represents insertion. Sw~;n t,o before me thts....:~....day of Dated: March 29, 2005 I.k,, ': ' ,, 2005 BY ORDER OF THE TOVv~N .... :. :,~..~ ............ - BOARD OF THE TO~N OF SOUTHOLD ~"-~-- ~" --' Q-~-~' ' ;' Elizabeth Neville (-~'" / ~.." / ~ Town Clerk ·.-/'~.- ~.'-,??~/-- ~ ..... ~'~' '~;~" "~' ~"~' · 2X 4/7, 4/14/05 (695't -- Notary Public Emily Hamill NOTARY PUBLIC, Stale of New York No. 01 HA5059984 Qualified in Suffolk Count) Commission expires May 06, 2006 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of thc Town of Southold, Suffolk Count)', New York, on thc 29th day of March 2005 a Local Law entitled "A Local Law in rela- tion to the Size, Height and Setbacks for Accessory Buildings" and NOTICE IS HEREBY FUR- THER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road, Southold. Neb' York. on the 2005 at 8:05 n.m. at which time all interested-persons will be iven an opportunity to be [eard. The proposed local law enti- tled, "A Local Law in relation to the Size. Height and Setbacks for ,~ccessorv Buildinos" reads as follows: I~QC~L LAW NO, ;~005 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: L Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory struc- tures, in order to further preserve the character of single-family neighborhoods and reduce con- fusion among applicants and town officials. These changes ,Mil reduce the impact of acces- sory buildings on adjoining resi- dences. These changes shall apply to the Low- Density Residenfia[ (R-401 zoning dis- rrict, as well as the R-80, R-120, R-200, R-400 and Agricultural- Conservation (A-C) ioning dis- tricts. 1[. Chapter 100 of the Zonine Code of the Town of Southold i~ hereby amended as follows: ~ 100-33. Accessory buildthgs. In the Agricultural- Conservation District and Low- Density Residential R:-80, R- 120, R-200 and R-400 Districts, accessory buildings and struc- tures or other accessory uses shall be located in the required rear yard, subject to the follow- ing requirements: A. Such btdldings shall not exceed ~ twenty-two {22) feet in height. B. Snch buildings shall not exct;¢d 660 ~quare fee! 0n lots containing un to 20.000 sauare feet, and-shrill not exceed-750 suuare feet on lots 20.000 square feel; to 60,000 square feet. C. Setbacks. (1) On lots containing up to thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (~) On lots cdntainin~ ten thousand I10,000] sauare feet, up to nineteen thousand nine- hundr~;d and ninety-nine COUNTY OF SUFFOLK STATE OF NEW YORK ss: (19.999~ sauare feet. such build- fnns shall-be ~et back no less than ......... five 15~ feet from lots containin g mr, re t~a:t twenty thousand (20,000) square feet up to thirty- nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than ~;'z (5) ten (10~ feet from any lot line. {&) 41~ On lots containing ....... of ...... .~ ...... tho ...... day f ........... -t ........ orty thou- 2005. sand {40,0001 sqoare feet up Lo \ fifty-nine thou:sand niq¢ hqndr%t nineS-nine {59,9991 square feet. - .............. such buildings shall be set back no less than :ch ( ! 9) fifteen feet from any lot line. ~51On lots containine sixw thousand 160,000~ sauare feel up to sevenw-nine ihoffsand .( day of nine hundred ninety-nine 179.9991 souare feet. such-build- ines shall be set back no less ...... ~,~ twenW (20~ feet from any lot line. . (4-)(6)On lots containing m-'-"'~.--.a':'--d-.-. excess of sex enty-nine thousand nine hundred ninety-nine (79,999) square feet, such build- ings shall be set back no less than w.'znty ~,~r,~ twenty five f25~ feet from an), lot line. le* York III. Severabili~'. If any clause, sentence, para- nty graph, section, or part olthis ', 2006 Local Lab' shall be adjudged by any court of competent jurisdic- tion to be invalid, the jadgmenl - shall not effect the validity ot' this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IX: Effecth'e date This Local Lab' shall take effect immediately upon filing with the Secretary of State as provided by law. Strike4hrough represents dele- tion. Underline represents insertion. Dated: March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 1X ~/7/05 (695) 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.nortl~fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Apfilll, 2005 Re: Resolutions No. 158 & 178 regarding proposed Local Law in relation to the "Size, Height and Setbacks for Accessory Buildings" of the Code of the Town of Southold Jeri Woodhouse, Chairman Southold Toxvn Planning Board Southold Town Hall Southold, New York l 1971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on March 29, 2005 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local la~v has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is 8:05 PM, Tuesday, May 10, 2005. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~Nev~lle Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL S'rATISTICS MARRIAGE OFFICER RECORDS M~-NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 2005 Re: Reso. #'s 158 & 178 regarding proposed Local Lax',' in relation to "A Local Law in relation to Size, Height and Setbacks for Accessory Buildings" of the Code of the Town of Southold Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting on March 29, 2005 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public hearing is 8:05 PM, Tuesday, May 10,2005. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly 3'ours, Elizabeth A. Neville Southold Town Clerk Enclosures (2) CC: Town Board Town Attorney LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March 2005 a Local Laxv entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the To~vn of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of May 2005 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled "A Local Laxv in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricuhural-Conservation (A-C) zoning districts. II. Chapter 100 of the Zoning Code of the Toxvn of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed ~ twenty-two (22) feet in height. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. C. Setbacks. (1) On lots containing up to twenty .......... ~ ...... , ten thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing ten thousand (10,000) square feet, up to nineteen thousand nine-hundred and ninety-nine (19,999) square feet, such buildings shall be set back no less than ~ five (5) feet from any lot line. (-2--) 3~l On lots containing more4Jaan twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) ten (10) feet from any lot line. (-3) L~ 0 1 ''ng; ......... n ors contalm ................. ~;..~ ,"la ann', ....... c~^~ forty th d (40 000) p t fifty ..... ~..,..., u.~ ........ ousan , square feet u o - nine thousand nine hundred ninety-nine (59,999) square feet, such buildings shall be set back no less than tan (!9) fifteen (15) feet from any lot line. ~9 ~ On lots containing sixty thousand (60,000) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than .... t ..., twenty (20) feet from ally lot line. (4) (61 On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (29) twenty five (25) feet from any lot line. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Dated: March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 7, 2005, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the folloxving: The Traveler Watchman Planning Building Town Clerk's Bulletin Board To~vn Board Members Toxvn Attorney Zoning Board of Appeals STATE OF NEW YORK) SS: COUNTY OF SIJFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the (-0 day of ~ ,2005, she affixed a I notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Toxvn of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing: May 10, 2005, 8:05 pm -- -Ol~liz~l~etft A. I~ville Southold Town Clerk Sworn before r~e~hi_s ~ t~ .~.~3Y of (~~. , ~,005. ~-~ N&ary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, 20 g) ELIZABETH A. NEVILLE TOWN CLERK REGISTI~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone 1631) 765-1800 southotdt own.nor t h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOVflNG RESOLUTION NO. 178 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29, 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 the Size, Height and Setbacks for Accessory Buildings" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations 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 To~vn Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax t631~ 765-6145 Telephone 16311 765-1800 southoldtown.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 158 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29, 2005: WHEREAS, there has been presented to the Town Board of the Toxvn of Southold, Suffolk County, New York, on the 29th day of March 2005 a Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of May 2005 at 8:05 p.m. at ~vhich time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local La~v in relation to the Size, Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2005 A Local Laxv entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Loxv- Density Residential (R-40) zoning district, as xvell as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed oighteem-(4~ twenty~two (22) feet in height. B. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. C. Setbacks. (1) On lots containing up to · ..... ~., ~u ...... ,4 ~'m ~nm ....... j .......... ~ ......, ten thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing ten thousand (10,000) square feet, up to nineteen thousand nine-hundred and ninety-nine (19,999) square feet, such buildings shall be set back no less than ..... ~, five (5) feet from any lot line. (-2-) f3) On lots containing mor-e4-ha~ twenty thousand (20,000) square feet up to thirty- nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than 5vt (5) ten (10) feet fi.om any lot line. (-3-) (4) On lots containing; ........ r,u:~,, ~:~ ,~, ...... ,~ ,;~ ~,..~,~,~ ~:~,,, _:~ ¢3r)C)&9)~f~-~q forty thousand (40,000) square tEet up to fifty-nine thousand nine hundred ninety-nine (59,999) square feet, such buildings shall be set back no less than to,, t-,,~ fifteen (15) feet from any lot line. (-3) f5) On lots containing sixty thousand (60,000) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ~- t~ m twenty (20) feet fi.om any lot line. (4) (6) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than v,vem-y(-2~ twenty five (25) feet from any lot line. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk