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HomeMy WebLinkAboutLot Creation and Merger 1995 W. S. Gardner P.O. Box 975 Vanston Road Cutchogue, N.Y. 11935 June 29,1995 Mr. Thomas H. Wickham Southold Town Supervisor Dea~ Mr,, Wie~bam: Thank you for giving me the opportunity to speak at the Pu.blic Hearing on the proposed ~A Local Law in Relation to Lot Creation and Merger". i was amazed at the few residents who attended this hearing and even more puzzled that only two of us - Ms. Wickham and I spoke on the proposal. It only enforces my opinion that there is not sufficient understanding of the effects of this proposal by the property owners of Southold. o Ms. ~Tickham suggested a grace period be allowed before t~2s legislation is adopted in order to explain this proposal to property owners. I urgedthe same approach by suggesting that the Town actively make more information available and not to rush into enactment until the affected population has a chance to respond. Recently, i have gone to Tow~ Hall to ask questions and I visited the Planning Board and the Town Assessors office and would have liked to interview someone at the Building Office and the Zoning Board of Appeals. It has been difficult for me to obtain a clear understanding of the effects of this legislation and what actions property owners may take to protect themselves from the results of this enactment. I suggest that to explain this in the clearest manner possible, you could arrange for all interested departments to get together and prepare a form of questions and answers which would cover various scenarios and problems giving ans~erson how they will be resolved. This could then be run as information in the local newspapers for the in~oz~- ation of everyone.. Also, I suggest that an open public seminar be held so that all interested persons could attend and present their questions to a panel which would consist of members of all interested Town Departments. In this way we could have everyone speaking out of the same ~Bible". I hope the Board will seriously consider ~is suggestion to avoid some property owners from a "rude awakening'~ and f~astration on future real estate transactions. Very truly yours, SOUTHOLD TOWN BOARD JUNE 30, 1995 8:00 P.M. IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO CREATION AND MERCER". LOT Present: Supervisor Thomas H. Wlckham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoma!n Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk i Judith T. Terry Town Attorr)ey Laury L. Dowd COUNCILWO[~IAN OLIVA: "Public Notice is hereby given that there has been presented to the Town Board ofl the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger". Notice is further given that the Town Board of the Town of Southold !will hold a public hearing on the aforesaid Local Law at the Southold Towr{ Hall, Main Road, Southold, New York, on the 27th day of June, 1995, iat 8:00 P.M.,at which time all interested persons will be heard, This proposed "Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED by the Town Bobrd of the Town of Southold as follows: I. Chapter 100 (Zoning) of thel Code of the Town of Southold is hereb,! amended as follows: 1. Section 100-24 (Lot CreatiOn) is hereby adopted to read as follows: A lot created bv deed 6r town approval shall be recoQnized bv the Town if any one of the followinq standards apply and if the lots have not merqed: The identical lot was created bv deed recorded in the Suffolk Count'/Clerk's Office on or before June 30. 1983 and the lot conformed to the ~inimum lot recluirementfs) set forth in Butk Schedule AA as oflthe date of lot creation. 2~ The tot in quest'on ~was approved bv the Southold Town Planninq Board. : The lot(s) in questien is/are shown on a subdivision map approved by the Southold To~vn Board prior to June 30, 1983. pg 2 P.H. The iotfs) in question is/are approved and/or recoqnized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recoqnized by the Town pursuant to the above section shall not receive any buildino permits or other develoomen1 entitlements. C_~. All lots are subject to the merqer provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Merger. A nonconforminq lot shall merqe with an adjacent conforminq or nonconforminq lot Which has been held in common ownership with the first lot at any time after July 1, 1983. An adiacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforminq lots shall merqe until the total lot size conforms to the current bulk schedule requirements. Definitions. Common ownership shall mean that the parcel is held bv the same person in the same percentaee of ownership as an adioi~ninq parcel. Exceptions. Lots which are recoqnized under Sec. 100-24 and meet any of the followinq c~teqories shall be exempt from the merqer provision set forth abdve and shall not be deemed merqed bv operation of this law: 1_~ The nonconformirlq lot has a minimum size of 40,000 square feet, o_r 2_~ The nonconforminq lot obtained a lot size variance from the Zoninq Board, or The nonconforminq lot has been held in sinqle and separate ownership from July 1.1983 to date. Proof of Merqer. The iTown may require a person seekinq dete~Tnin- etlon of merqer to pro~ide any or all of the followinq documents for evaluation: Proof of the date when the tot was created and the size of the lot. toqether with a cdpv of a leqal description of the parcel, all to the satisfaction of the Town; pg 3 P.H. cody of the current tax map and survev of the lot; 3_). A copv of the oridinal survev of the lot; 4_l A title search shoWina sinale and separate ownership of the prop- er-b/from July 1. 11983 to the present time, prepared bva Suffolk County title insurance company indemnifvinq the Town of · Southold with $25,000 of insurance: Other additional information or documentation as may be deemed necessary. Effect of Mercier. No buildinq permit or other development entitlement will be issued by the 1'own until this section has been complied witlh. The Buildinct Department will issue a wdtten determination whether a property falls within an exemption to the merqer provision. 3. Section 100-26 (Waiver of Merger) is hereby ad~pted to read as follows: If a tot has meraed, the Zonina Board of Appeals may waiver the mercier and recoaniz~ the oriainal lot lines upon public hearina and upon a findin~ that: 1) the waiver will not: result in a sianiflcant increase in the density of the nei(~hborhood! 2) the waiver would recoanize a lot that is consistent with the size of lots in that neiqhbbrhood: 3_). the waiverwill avdid economic hardship. Section 100-244 (Setback~ for Nonconforming Lots) is hereby amended to read as follows: ; This subsection is intepded to provide minimum standards for granting of a building permit fed lots which are recoanized by the Town under 100-24, are m...~., nonconforming and have not merqed pursuant to 100-25 or continued ir~ a state of nonconformance by the adoption of th~icle and that were singly and separately owned as of the effective date of this ^¢ticle. pg ~ P.H. Are~ (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,999 40,000 to 79,999 20,O00to 39,999 40,000 Less than 20,000 A nonconforming lot separately cwncd and not adjoining any lot or land in thc same owncrship at the effective date of this Article and not adjoining any lot cr land in the same ownership at any time subsc ~lucnt to such date may bc used, or a building structure may be ~rcc tod on such lot for usc, in accordance with all the other '~pplicable provisions of this chapter, provided that proof of such separate owner ship is submitted Jn thc form of an abstract, of title showing the shanges of title to said lot; which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real propcrty in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning ~w. Such lot shall be §ranted relief for front sidc end roar yard dimen sions as follows reoui:red to meet the followin(~: Yard Lot Front Side Both Sides Rear ,Coverage Width Beth (ff.) (ff.) (feet) (feet) 10 % 7_A5 3_~0 6__~0 8~5 10 % 7~5 3_.~0 6._.~0 _85_ 15 % 6o 3o 6o aL 20% 60 2o 45 20% 120 ~ 40 15 35 50 20% ~ I00 35 15 25 35 In thc cass of single and separate ownership of a nonconformin9 lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of thc Town of Southold and filed with thc County Clark of Suffolk County, relief for ail front, side and recr yard and area dimensions shall be granted to the extent that such frcnt, side and rear yard and ama dimcnsi0Rs were required at the time thc map was originally filed with the iCounty Clerk of Suffctk County. pg 5 P.H. 5. Section 100-12 (Exceptions) is hereby do!oted in its entirety. All of the lots on the following subdivision maps shall bo excepted from the lot area and lot width requirements of this chapter, and tho lot areas lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section l; Fordham Acres, SoctJon Il; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; EastoFn Shores, Scction Ill; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor;, G.I. Tuthill; Edgemere P=rk; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section II1; Har,~est Homes, Section 1; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Coroy Creek Estates; West Creek Estates; Northwoods; Vist~a Bluff; Jacksons L~nding; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section 11; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Ycnnecott Park; Downsview; South Harbor Homes; Pc, conic Shores, Section 1; Pcconic Homie,i Section 1; Poconic Homos, Section 11; Peconic Bay Oaks; Laurel Country'Estates; Orient by tho Sea, Section II; Cleaves Point, Section III. Section 100-32 (Bulk, area and parking regulations) is hereby ~ in its entirety: No building or premises stqall be used and no building or part thereof shall be erected or altered in thC Agricultural Conservation District and in tho Low Density Residential R; 80 District unless tho sams conforms to the Bulk Schedule and Perking Schedule incorporated into this chapter with tho same force and effect as if such regulations wore set forth heroir~ in full, as well as to tho following bulk and p~rking requirements: In tho case of a lot held in single and separate ownership prior to November 23, ~,971, and thereafter, with an area of Ices than thousand (40,000) squpro feat, a single family dwelling may be con structed thereon, provided that tho requirements of Column vii of tho Bulk Schedule and thol Parking Schedule incorporated in this chapter are complied with. The bulk and parking requirements for single family dwellings as set forth in Column ii of thc Bulk Schedule and thc Parking Schedule incorporated into this c~aptor shall apply to the following lots: pg 6 P.H. All lots shown on major and minor subdivision maps which were granted final approval by the Planning Beard prior to May 20, All lots shown on major subdivision maps upon which the Planning Board has hold a hearing for preliminary map approval prior to May 20, 1983. ~-) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board pdor to May 20, 1983. All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, t983. The bulk and parking requirements for single family dwellings set forth in Columns i and iii of thc Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or actor May 20, 1983. All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. All lots set off or &-sated by approval of the Planning Board orr or after May 20, 1983. Thc bulk and parking requirements for two family dwellings set 1!od:h in Column xii of thc BulklSchedule and Parking Schedule incorporated into this chapter shall Cpply to the following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. All lots shown on major subdivision maps upon which the P!anning Board has held a hearing for preliminary approval on or after May All lots sot off or ~rcated by approval of the Planning Board on or after May 20, 198'3. ~pg 7 P.H. Section 100-281 A (7) (Building permits) is hereby ~ in its entirety: (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall bo accompan icd by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to Apdl 9, 1957. 8_.~ Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA A.~ Pdor to Ac~dl 9, 1957 Loti Size Width Depth any any any B_~. Between Aodl 9, 1957 and December 1 1971 20,000 100 150 C_~. Between December 2, 1971 40,000 135 175 and June 30, 1983 II. This Local Law shall take effect upon iris filing with the Secretary of State. 4 Underline represents additionsi. 44 Strlkethrough represents deleldons. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 13, 1995. Judith T. Terry, Scut:hold Town Clerk." I do have certificates that the law was posted on the Southold Town Clerk's Bulletin Board, and an affidavit of publication in The Suffolk Times. We have just two correspondence. Pursuant tot he requirements of Section A lU,-lk~ to 23 of the Suffolk County Administrative Code, the above referenced appilcation which has been submitted t'o 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, Stephen M. Jones, Director of Planning. =From our own Planning Board we have,, Dear Mrs. Terry. The Planning Bbard has reviewed the proposed legislation pertaining to Lot Creation and Merger and finds that it is in support of the legislation as it is written. HoWever, the Planning Board also suggests the following changes that it feels Should be made to the proposal before it is adopted. 2. Section 100-25 (Merger) B. In regard to common ownership, the definition could be changed !to eliminate the wording in reference to the same percentage of ownership.; The Board feels that, from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. Oho of the primary intents of this draft legislation was to streamline the review to the extent possible without compromising purpose of review.! Requiring this level of detail will represent a significant cost of time andi money by the applicants and the Town. Additional changes that should be made to the Town Code if the proposed legislation is adopted. 100-281(7) Building Permits. This section conflicts pg 8 Poll. with the proposed legislation and should be eliminated. Sincerely, Richard G. Ward, Chairman. No further communications. SUPERVISOR WICKHAM: This is one of the more complicated Local Laws, that the Board has attempted. It was initiated by our Town Attorney in association with several of the different offices of town government. We have the Building Department, the Planning Board, the Zoning Board, the Town Board, all getting together to try to treat the issue of merger and creation of lots, particularly small lots, in a common way, so that we can deal in one manner to the public. I wonder if I could ask the Town Attorney to cut through a lot of the legal language, that's in this Code, but just present briefly what we're trying to do, and why, and the summary of it. TOWN ATTORNEY DOWD: The ~purpose of this legislation is to fill a sort of a black hole in it's existing Town Law, as regards to two aspects of lots. One is, was your lot every validly created, or was it created sort of by an informal process, that means that it will not be recognized? We haven't had clear rules on that, and so for a long time, for example, people were just deeding off lots, and not going :through any formal subdivision process. This is going to create some uniform rules, that will treat all these kind of situations fairly, and hopefully~ equitable. What we~ve decided is, that if your lot was created for example by deed before 1983, we will recognize it. It was a common practice before 1983, to do that without going through the formal procedures. After 1983 we feel that everybody was sophisticated enough to know that you had to go through the subdivision process. Therefore we are not going to create recognized lots that were created by deed after 1983. Then, of course, any lot that has been approved by the Town Board, Planning Board, Zoning Board, as a legally created lot we're going to recognize. So, that's one aspect, was your lot ever validly created? The question, that this is intended to address is, if your lot was validly crested, but because of zoning it's become a non-conforming lot, which means, it's not as big as the zone requires a lot to be. Then this talks about what happens if you happen to own two of these nonconforming lots next to each other. The idea behind this is that non-conforming lots, lots that are smaller than the zoning allows are not really desirable. That we~d llke to have everybody up to the zoning. That's why the Town Board felt it was appropriate to put in that Zoning. So, the tendency is that if you have non-conforming lots they merge :until they become big enough to conform to the zone. However, we recogniZe that this would create a hardship, so we put in some safeguards, or safety valves, to protect people. One is that, any Jot thatEs bigger than forty thousand square feet, we're saying it's not going to merge. It's big enough, we can live with it. If the non-conforming lot got some kind of lot size yariance from the Zoning Board of Appeals, we're going to recognize ires not going to merge. Finally, and this is kind of obvious, but it's always worth saying even the obvious, if one lot is held in a different name from a second lot, and they're both non-conforming, they don't merge unless they're held'in the same ownership. You can't merge it with somebody, you know, who holds a lot in a different name. So, th~s law is intended to address these kinds of issues in a uniform way, that has not really been the way that it has i been working in the past, and so we think that this way everybody can have some clarity as to what the status of their lot is. This has a couple of other minor points. I'll just touch on them briefly. As another safety valve ;the Zoning Board is able to waive mergers, if the waiver would result in ai significant increase in the density of the pg 9 P.H. neighborhood, and is consistent with the size of other lots in the neighborhood. So, there's a safety valve there, if you had never meant these lots of merge, and it's going to create a terrible hardship, you can go to the Zoning Board, and they can decide, oh yes, I guess it doesn't really merge after all. One other safeguard we try to build in was that in terms a lot creation. As I said, if this lot was created by deed before 1983, we're going to recognize (tape change) SUPERVISOR WICKHAM: This is a hearing. We're here to listen to what people in the audience wish to inform the Board about. May I ask each speaker to keep his or his comments within ten minutes. Would anyone ,else to address the Board? ABIGAIL WICKHAM: Good evening. My name is Abigail Wickham. I~d like to, first of all~ just recognize the' tremendous effort that obviously went into the drafting of this leglslation.. It's certainly an area of the Code that's crying out 'for some reform. I have a few substantive and technical comments, which, I hope will be instructive. I~d llke start with the substantive comments. On Section 100-2~A, Lot Creation, I'm troubled by the words, if the lots have not merged, and I~m not sure that this should really be a criteria at this point, particularly as to those lots which now fall within Section 100-12, which is being! deleted, or which were approved at some point by the Planning Board, as set forth in Subsection two, three and four of this section. The non-merge? provision automatically apply only to lots over [~0,000 square feet, and Ifm not suggesting that you approve postage stamp or very small lots, but ii do think the law is a little erroneous in that respect, as drafted. Anybne with concerns about size of lots with respect to water quality and sewerage should be advised that actually the Health Department sometimes hais more control over these types of density issues, than the Town does in imany, many respects. That's something that they should keep a very careful ieye on. My second point in that same section 100-2~B is the language all lots iwhich are not recognized as above shall not receive any building permits, or] other development entitlements. That almost sounds I~ke you are not permitting a variance application. I know you do have variance application further back, but the Board of Appeals or someone could read '[hat very narrowly, and I think that language maybe needs to be clarified. My third comment has to do with the elimination of 100-12. I~m relating back to my prior commeint before, but my main point here, and this is one of the major points I'd like to make, is I think that this will take a lot of people by surprise. This! law has just been advertised. I don~t know how many people know about it,! and we need some form of grace period. I don~t know how many people are here from Nassau Point, but this is really going to have a major impact oh a lot of areas that are currently exempted under 100-12. l~d ask the Board to consider, while the law does go into effect immediately, allowing a t~ree month, or some period of grace period, for people to be able to react tO this law. My next point, and again this is the second important point I wapt to make, is the bulk schedule AA. I feel very strongly that this is an a?bltrary schedule which cuts off many lots, which conformed when they were created, but not others· It draws a line, and I~m not sure that it's a fait' line. It's discriminatory, I think, to many lots which were created by deedi or otherwise, in accordance with standards that were permitted at the time· Again, it's not clear that there's a provision for a variance there. I think that needs to be addressed. Those are my substantive comments, and Pd just like to make a couple of technical pg 10 P.H. notes, if I may. On Section 100-25, the merger section. The last sentence non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. I think that's an excellent idea, because now the whole thing would merge, but I~m not sure what it means, whether you have three lots you can pick two that merge, and one that doesn't. I~m not sure really how that would work in practice. 125-B with deference to the Planning Board comments I thought that that language about the same percentage of ownership was one of the more brilliant parts of this legislation. I really think it's a good idea. ! think this is an excellent provision. I think the word held by the same person should be persons, but I would strongly urge the Board in that direction, to keep that language in there. On Section D and E of that section, in section D, proof of merger, you state the Town may require proof of certain things, and then E says no building permit will be issued until this section has been complied with. There could be some..¢ertainly in the Building Department about whether they may or have to deny a :building permit under certain circumstances, and on Section C; a copy of an 6riglnal survey of that lot. I don't know what that means, original survey, whether you mean a original plan, or do you mean any survey that was made of that lot. So, again, my main comment is, first of all, that the grace period should be provided in order to comply with lots, that otherwise wouldi be not exempted under this language, and number two,~ that the bulk schedule AA be examined. SUPERVISOR WIC;KHAM: Thank you. Would anyone else like to address the Board on this rather complicated ;piece of legislation? BILL C;ARDINER: My name is !Bill Gardiner, and I live in C;utchogue on Nassau Point. Since 1967 when I bought my lot, built my present home, I have appeared many times before your Board, the Board of Appeals, and the Board of Trustees, on matters which have affected me personall¥~ and others, which did not effect me, but which had an important effect on residents of Southold, and Nas!sau Point. Recently, I presented to your Board my objections to reducing the requirements for establishing B&IB's. I was very pleased when you reconsidered your proposal, and basically kept the old restrictions, and based on all the bad publicity on these establishments in residential zones, you even tightened the requirements. Tonight I~m here to make some comments on your proposed Local Law in Relation to Lot C;reation and Merger. Now, I think everybody here tonight, and there's not too many here, !has seen and felt that this thing is a very complicated matter, and I doubt ~hat many people in this town understand it. Without a great education andl knowledge on the present, and what is proposed in this complicated legislation, I believe the average resident in Southold will have no understarldlng of how this legislation could seriously harm their financial planning and status. I thank Ms. Wickham on points of excellence. She mentioned Nassa~u Point, and many points that ~ agree on. This is complicated procedure, land if you throw it at people they're not going to understand it. They~reinot going to get a chance to comment on it. In general i~ proposes that adjoining lots held by one owner, and in the case of Nassau Point, encompassing less than one acre will be merged, will not be eligible for a building permit ~vithout permission of the Zoning Board of Appeals. In speaking to Miss spiro, who prepared this proposed legislation, she told me that while the present law in general had carried the same restrictions, that in general, the law has not been clear, and this proposal is to tighten and enforce it~ which would result in my opinion, to pg 11 PoHo the detriment of many. Under the old law, I believe Nassau Point was excused from these requirements. Nassau Point was subdivided before 1920, and the lot map was filed in the Suffolk County Clerk's Office, and all the individual lots are shown on the County Tax Maps. Owners, and prospective owners have relied on these maps. I have registered my objections to Miss. Spiro, and the probable results of this proposed legislation, and how it could affect present, and future property owners. Her comment was, let the buyer beware. I dare say, that very few residents are aware of this proposal, and have not be warned of the impact. For anyone to beware they have to be aware of the problem. I feel strongly that this Board has responsibility to publicize the details of this proposal, so that all present and future owners are made aware of it's affect on them, and given a chance to raise their objections. This: proposed legislation should not be another B~;B proposal which eliminatedi any Board review. It should receive the complete light of any of the day, give everyone chance to comment on all unfavorable aspects. I ask the Board to actively make more information available on this complicated p~oposal, and not to rush into factions until the effected population has a chance to respond. Thank you. SUPERVISOR WICKHAM: Thank you. Would anyone else like to address the Board on the matter of this pubilic hearing? (No response.) If not, I declare this hearing closed. 'Judith T. Terry ~/ Southold Town Clerk LEGAL NOTICE NOTICE OF PIgB1AC HEARING ON LOCAL LAW PUBLIC NO~ICE IS HEREBY GIVEN that there has been presented to-the Town Board of the Town of SouthokL Suffolk County. New Yort~ on the 30th day of May, 1995, a Local Law entitled. "K Local Law in.Rdafion to Lot creation m~d Merger". N~)TICE 1S FURTHER GIVEN that th~Town Board of thc Town of Southotd wilt bold a public heaEh~g 9~5~e~ afo.~said Local Law a~ thc $onthold Towq Main Road, $O~hold, l~v York~ on the 27~h day of June,4995, at 8:00 P3H., at ~ pr oFo s~'I~oe a~ ~L~w~in :l~lati~m- [b E~t Cfimtion and Merger" reads as follows: · BE IT ENACTED, by ~he Town Board of the Town of Scothold as follows: I L Chapter 100 (Zoning~ of the Code of thc Town of Southokl is hereby amended as follows: E Section 100-2~ (Lot Creation/is hereby edop~cd to read-as follows: A. ~, lot created by deed or town approval shall be recognized by file Town if Board. or . _ thor. (sq. RO 120.000 m 199.999 Lot lo% 2o% 20% 4-~. ~ Yard teront SMe Both Sides Rea~ (ft.I (ft.) (fe~t) (f6~t) 75 3o ~ ~. 75 ~0 60 85 6o 2o 45 ~ 40 15 35 50 STATE OFNEW YORg~ SS: COUNTY OF SUFFOLK ) of in said County, being duly sworn, ~ays tlu Prindpul Clerk of THE SUFFOLK TIME& Newspaper, published at Matfltuck, in Southuld, County of Suffolk and S~ate of and that the Notice of which the an~ printed copy, has been regularly publls_l Newspaper once each week for successively, commencing on the e~ 9_q5 20c~d ~0 ~ 35 15 25 35 tu~ilh ~g~oro P~:: Wil)~' To.dso: ~d~nt Wo~; ~dinz~ gG' Not~ Public Willow ~m; ]~rbor ~g~ ~, ~ofion I; To~ Wato~ B~j Ila~I ~r~/C~ob ~c; w~t ~d~ ~tmou ~o~vmo& v~m Blu~a~o~ Swo~ ~n~ing; ~onncWo Pon&RocoVmod Ect~o~ ~n~or Knollc. ~thfiald ~ P~d~o Poi~ t~r~ ~Wg. ~fion HI: I H~m~ day of ~ 6. Secfi~ 1~-32 (Bulk, ~a'~d p~king m~l~iom) is he.by ~::~ in iB ~ ~ e~e~: ~h~ub ~d ~th~g ~hodalo inoo~o~d into thin ~tor v~th ~o hmo ~d offoot ~ if guoh ro~om vm~c o~ f~ ho~ini~ll, m g~ll ag to · o folbwmg bu~d pa~ng mqmmm~: ~ Innova of a lot hold M ain~o ~d aopa~o ov~Mp ~or~ ~or 23 l~I ~d ~o~a~r~ wRh ~ ~ of l~a than f~d ~nd (~0~) nq~ f~3, a ~g4o fa~d d~lling ~y ~o eong~oted th~oo~ · at ~ roqui~montg of Col~n ~i of ~o Bulk ~dalo and ~o gohedulo in~am~d in ~ oh~mr ~ oompli~ ~~0 h~ ~d'p~fi~ ~M~mon< for ~o f~i~/&~llin~ aa not f~h od fi~ appro~l ~ ~ Pk~ing Bo~d p.~Er to ~y 2~ 1~3 ~ All 10~ ahcvm on major nuhdifiMon ~p~ upon v~oh tho ~annMg Eo~d hm ~ld a ~ng for pralimin~, map ap~ml p~ to M~j 2~ ~ All 1o< ~at off ~ ~M by ~l of ~o H~ning go~ rub~qu~t ~ ~ built ~ paring ~quiromonto for t(vo f~i[y ~x~lfi~ cot fo~ in ~l~n ~ of ~c Bu~ ~o~da~ ~ ~ing ~cdu[o ino~o~tod ~ All 1~ ~v~ ~ major ~ubdi~ion m~n upun ~ioh ~0 P~nning 7. ~on 1~28l ~7) (Bu~ng ~s) is h~y ~:~z~ in i~ L~ lib. hched.k' A 3 ~Bo~nAofil 9, 1957 ~ 2~ ~ ~ B~Dee~b~ 2.1~1 ~0~ ~ Copie~ of thi~ I.,~al [.a~ aw a~ ailaMc m Iht Offi~ of the To~ CIc~ to a~y in- 13. 1~5.~ ~D~ T.~RY ~OLD TOW~RK 83~-ITIu22 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 16th day of June 1995, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Public Hearing on "A Local Law in Relation to Lot Creation and Merger", 8:00 P.M., Tuesday, June 27, 1995, Southold Town Hall. Sworn to before me this 16, th day of June 1995. Notary Publ'c~:LcJ~'~ Judith T. Te~"ry / Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL I_AW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, "A I_o~1 I~w in Relation to Lot Creation and ~terger". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the 5outhold Town Hall, Main Road, Southold, Iqew York, on the 27th day of JUne. 1995. at 8:00 P.I~., at which time all interested persons will be heard. This proposed "Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED, by the To,,vn Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby, amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created by deed or town approval shall be recoqnized bv the Town if any one of the followinq standards applv and if the lots have not merc~ed: The identical lot was created bv deed recorded in the Suffolk Count,/Clerk's Office on or before June 30, 1983 and the lot conformedto the minimum lot requirementfs} set forth in Bulk Schedule AA as of the date of lot creation. 2_). The lot in question was approved bv the Southold Town Planninq Board. 3_1 The lot(s) in question is/are shown on a subdivision map approved bv the Southold Town Board prior to June 30, 1983. The lot(s} in question is/are approved and/or recoqnized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recoqnized bv the Town pursuant to the above section shall not receive any buildinq permits or other development entitlements. C__~ All lots are subiect to the merqer provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Mer,qer. A nonconforminq tot shall merqe with an adjacent conforminq or nonconforminq lot Which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent tot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonco0forminq lots shall merqe until the total tot size conforms to the current ,bulk schedule requirements. Page 2 - Legal i ~ice - Lot Creation & Merger Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentaqe of ownership as an adioininq parcel. Exceptions. Lots which are recoqnized under Sec. 100-24 and meet any of the followine cateqories shall be exempt from the mero, er provision set forth above and shall not be deemed mer.qed by operation of this law: The nonconforminq lot has a minimum size of 40,000 square feet, or The nonconforming lot obtained a lot size variance from the Zoninq Board, or 3_). The nonconforming lot has been held in sinqle and separate ownership from July 1.1983 to date. Proof of Merqer. The Town may require a person seekinq determin- ation of merger to provide any or all of the following documents for evaluation: Proof of the date when the lot was created and the size of the lot, toqether with a copy of a teqal description of the parcel, all to the satisfaction of the Town; ~ A copy of the current tax map and survey of the lot; ~ A copy of the original survey of the lot; A title search showinq sinale and separate ownership of the prop- ert¥ from July 1, 1983 to the present time, prepared by 8 Suffolk County title insurance company indemnifvinq the Town of Southold with $25.000 of insurance; 5_). Other additional information or documentation as may be deemed necessary. Effect of Merqer. No buildinq permit or other development entitlement will be issued by the Town until this section has been complied with. The Buildinq Department will issue a written determination whether a property falls within an exemption to the merqer provision. :3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: If a lot has merqed, the Zoning Board of Appeals may waiver the merger and recoqnize the original lot lines upon public hearing and upon a finding that: the waiver will not result in a significant increase in the density of the neiclhb0rhood; 2_~ the waiver would recoqnize a lot that is consistent with the size of lots in that neiqhborhood: 3_). the waiver will avoid economic hardship. Page 3 - Legal N ce - Lot Creation & Merger Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for lots which are recoqnized by the Town under 100-24, are made nonconforming and have not merqed pursuant to 100-25 or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned .~s of the effective date of this Articto. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subse quent to such date may be used, or a building structure may be orec ted on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate owner ship is submitted in the form of an abstract of title showing the changes of title to said lot; which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning L=;,;. Such lot :shall be granted relief for front side and roar yard dimen sions as follows required to meet the fotlowinq: Area (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,999 40,000 to 79~999 20,000 to 39,999 Less than 20,000 Yard Lot Front Side Both Sides Rear Coverage Width Delat~ (ft.) (ft.) (feet) (feet) 10% 7~5 3,._.QO 6_.~0 8_~5 10% 7_~5 30 60 8._~5 ~5% eo 3o 60 85 20% 6_.~0 2__~0 4~5 7._~5 20% 120 140 40 15 35 50 20% 80 100 35 15 25 35 In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with tho County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall bo granted to the extent that such front, side and rear yard and area dimensions were required at the time tho map was originally filed with tho County Clerk of Suffolk County. 5. Section 100-12 (Exceptions) is hereby deleted in its entirety. All of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section .111; Eastern Shores, Section IV; Eastern Shores, Section Page 4 - Legal k ~ice - Lot Creation & Merger V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.t. Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section II1; Harvest Homes, Section 1; Bayviow Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section I1; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennocott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Pocenic Homes, Section I; Peconic Homes, Section II; Pecenic Bay Oaks; Laurel Country Estates; Orient by tho Sea, Section II; Cleaves Point, Section III. Section 100-32 (Bulk, area and parking regulations) is hereby' 6telete~ in its entirety: No building or promises shall be used and no building or part thereof shall bo erected or altered in tho Agricultural Conservation District and in the Low Density Residential R 80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with tho same force and effect as if such regulations were set forth herein in full, as well as to tho following bulk and parking requirements: In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single family dwelling may be con structed thereon, provided that the requirements of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. The bulk and parking requirements for single family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shal apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, (2) ·. · All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. The bulk and parking requirements for single family dwellings sot forth in Columns i and iii of the Bulk Schedule and-Parking Schedule incorporated into this chapter shall apply to tho following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. Page 5 - Legal i~~ ce - Lot Creation & Merger All lots shown on major subdivision maps upon which tho Planning Board has hold a hearing for preliminary map approval on or after May 20, 1983. All lots set off or created by approval of thc Planning Board on or after May 20, 1983. D~. Thc bulk and parking requirements for two family dwellings sot forth in Column xii of thc Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the-Planning Board on or after May 20, 1983. All lots shown on major subdivision maps upon which thc Planning Board has held a hearing for preliminary approval on or after May on !983. (3) Ail lots set off or created by approval of the Planning Board on or after May 20, 1983. 7. Section 100-281 A (7) (Building permits) is hereby ~elete~ in its entirety: (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompan led by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire tot prior to April 9, 1957. 8_~ Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size. A. Pdor to Apdl 9, 1957 any B. Between April 9, 1957 and 20,000 December 1, 1971 Width Depth any any 100 150 C_~Between December2,1971 and June 30,1983 40,000 135 175 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any' interested persons during business hours. Dated: June 13, 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERIC; Page 6 - Legal ~ce - Lot Creation & Merger PLEASE PUBLISH ON JUNE 22, 1995, AND FOR¥~/ARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Town Clerk's Bulletiln Board LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on tile 30th day of May, 1995, a Local Law entitled, "A Local Law lin Relation to Lot Creation and i~terger", NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, $outhold, I'lew York, on the 27th day of JUne, 1995, at 8:00 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-2~1 (LOt Creation) is hereby adopted to read as follows: A lot created bv deed or town approval shall be recoqnized bv the Town if any one of the followinq standards apply and if the lots have not memed: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation, The lot in question was approved bv the Southold Town Planninq Board. 3) The lot(s) in Question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. The lot(s) in question is/are approved and/or recoqnized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recoanized by the Town p'ursuant to the above section shall not receive any buildinq permits or other development entitlements. C_~ All lots are subiect to the merger provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Merger. A nonconformin.q lot shall mer~e with an adjacent conforminq or nonconformin.q lot ~vhich has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconformincl lots shall merqe until the total lot size conforms to the current bulk schedule requirements. Page 2 - Legal Notice - Lot Creatio~ ~, MerDe? Definitions, Common ownership shall mean that the parcel is held the same person in the same percentage of ownershi¢ as an ~dioini;-~ parcel. Exceptions. Lots which are recognized under Sec. !00-24 and meet any of the followinq categories shall be exempt from the mer.qpr provision set forth above and shall not be deemed mer.qed operation of this law: 1_) The nonconformin¢l lot has a minimum size of 40,000 square feet, o_r 2) The nonconforming lot obtained a lot size variance from the Zonin¢l Board, or 3) The nonconformine lot has been held n single and separate ownership from July !.1983 to date. Proof of Meraer. The Town may require a person seekinq determin: ation of merger to provide any or all of the followinq documenL rot evaluation: Proof of the date when the lot was created and the size of the Jot. toqether with a copy of a leqal description of the parcel ail to the satisfaction of the Town; 2_) A copy of the current tax map and survey of the lot: 3) A copy of the oriqinal survey of the lot: A title search showin¢l sinqle and separate ownet'ship of t_he arty from July 1, 1983 to the present time, D~el2ared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance; 5_) Other additional information or documentation as may be de. emed necessary. ~ Effect of Meraer. No building permit or other development entitlement will be issued by the Town until this section has been comptied wi(h, The Buildina Depadment will issue a written determination whether a property falls within an exemption to the mer~er provision, 3. Section 100-26 (Waiver of Merger) is hereby adopted to read es follows: If a lot has merged, the Zoning Board of Appeals may' waiver the merqer and reco.qn ze the or q na lot lines upon public hearin~ and upon a findinq that: the waiver will not result in a significant increase in the de~qsit¥ of the neiqhborhood; 2_). the waiver would recognize a lot that ~s cons~stem ~¢ith the size of lots in that neighborhood: 3_). the waiver wilt avoid economic hardship, Page 3 - Legal Noti~ - Lot Creation & Merger Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for lots which are reco{3nized by the Town under 100-24, are made nonconforming and have not merged pursuant to 100~25 Or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not a..j..,mng any lot or land in the same ownership at any time subse quent to such date may be used, or a building structure may be erec ted on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate owner ship is submitted in tho form of an abstract of title Showing the changes of title to said lot; which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure titld to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning La:,;. Suc~h lot shall be granted relief for front side and rear yard dimcn sieRs .~s-fe ..... ., required to meet the followinq: Area (sq. 120,0{30 to 199,9.99 !O0,OOO to 119,999 ~0.00O to 99,99.~9 40,000 to 79,999 20,000 to 39,999 40,090 Less than 20,000 Lot Coverage Yard Front Side Both Sides Rear Detath (ft.) (ft.) (feet) (feet) 10% 7,5 30 6_.Q0 8,5 7,5 3_.Q0 6._Q0 8,5 15% 6_QO 3._.Q ¢_.Q 8,5 20% 6_Qo 20 4,5 7,5 20% 120 !40 40 15 35 50 20% 80 -!430 35 15 25 35 In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of tho Town of Southold and filed with the County Clerk of Suffo!k County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area' dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. 5. Section 100-12 (Exceptions) is hereby deleted in its entirety. All of the lots on the following subdivision maps shall bo excepted from the lot area and lot wi;dth requirements of this chapter, and the ~ot arc. as and lot widths applicable to said lots shall bc as shown and designated on said subdivision maps; Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordhqm Acres, Section I; Fordham Acres, Section II; SteHiR~j Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section I!1; Eastern Shores, Section IV; Eastern Shores, Sectiea Page 4 - Legal Notice - Lot Creatio~ & Merger V; Southold Shores: Sunny Shores; Moose Cove; Nascau Po!nt; Park; Village Manor G.I. Tuthill; Edgemere Park; Willow Soundcrest Woods Gardiners Bay Estates, Section I~; Hat, zest Section 1; Bayview Woods Estates; Willow Point; Harbor Li~h~ Section 1; Terry Waters; Bay Haven; Corey Creek Estotes; We~ek E-~es; Northwoods; Vista Bluff; Jacksons L~nding; Bennett's Rosewood Estates; Sunset Knolls, Section 11; Smithfield Point; Harbor Lights Estates, Section I1~; Highwood; Nunn~kom~ Yennecott Park; Downsview; South Harbe~Heme~Oeconic Sho~e~, Section I; Peconic Homes, Section ~; F~eoon!c Homes, 13ay-O~ks; L~urel Country Estates; ©r~t by tho See, Section l~a!nt, See~io~ Section 100-32 (Bulk, area and parking regulations) is hereby ~.9~ in its entirety: No buikling or premises shall be-uee~l-araJaaea~=~ktin~e-e~-~eoee~haI~ o erected or altered in tho Agricultural Conservation Districtar~-~,-,~-" ~ Low Density Residential R 80 District unless tho Bulk Schedule and Parking Schedule inoorporated into this chapter the same force and effect as if such regulations wore cot forth herein in full, as well as to the following bulk and parking requirements: In the case of a lot held in single and separate ownership pdo~e November 23, 1971, and thereafter, with an area of fe~&,¢ thousand (40,000) square feet, a single family dweliin¢ may be 99~- structod thereon, provided that the requirements of Column vii ¢ (he ~ulk Schedule and the Parking Schedule incorporated in this ch~p~ are complied with. ~Ik and parking requirements for single-fami~wel~i~.$~s~ forth in Column ii of the Bulk Schedule and the P3rking Sche~ incorporated into this chapter shall apply to ~he foliow~%~e~ All lots shown on major and minor subdivision mops granted final approval by the Planning Bear~¢ie¢ .~a4V~.a:¢~a6. -1-983. AlPlets-shewn on major subdivision maps Board has held a hearin~-for-l>re~imipap/-msp May 20, 1983. All lots shown on minor subdivision maps that have sketch plan approval by the Planning Board prior to (4-) All-lets set off or created by approval of the Pla,q~-Cp~q~=->sr~ subsequent to November 23, 1971, and pdor to-May 20, !983. The bulk and parking req~rements for single fami!y dwet~i~g8~sef-f~¢~ in Columns i and iii of the Bulk Scho~,ule-,ata~-Parking Sche~s incorporated into this chapter shall apply to tho fotiowin9 tots-.-' (-1-) All lots shown on minor subdivision mops which hsw~-bee~ granted sketch plan approval by the Plannin~ Bo~F¢-~ 9~--9:*:-a.-&~: May 20, 1983. Page 5 - Legal No .~ - Lot Creation s ~rger (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or afte~ May 20, 1983. (3) All lots sot off or created by approval of the Planning Board on or after May 20, 1983. The bulk and parking requirements for two family dwellings sot forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: All late shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May on !983. All lots set:off or created by approval of the Planning Board on or after May 20, 1983. 7. Section 100-281 A(7) (Building permits) is hereby ~ in its entirety: (7) An a~pplication for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be aocompan lad by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. 8..=. Bulk Schedule AA ,is hereby added to read as follows: Bulk Schedule AA Lot Size Width D.__eDth, A,..~. Prior to April 9, 1957 an_Q~ any ~¥ Between April 9, 1957 and December 1, 1971 20,000 10o 15__¢.0 C_~. Between December 2, 1971 end June 30, 1983 40,000 135 175 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours, Dated: June 13, 1995, JUDITH T. TERRY SOUTHOLD TOWN CLEP, K Page 6 - Legal Notice - Lot Creation ~- Merger PLEASE PUBLISH ON JUNE 22, 1995, AND FORWARD ONE OF PUBLICATION TO JUDITH TERRY, T©~¥N CLERK~ ~'-O'~¥?-: BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Southold Town Planning Board Southold Town Board of Appeals Southold To~zn Building Depart~nent Town Clerk's Bulletin Board JUDrrlt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEME~ OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June lS, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of South~ld, at the Southold Town Hall, 531~95 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed ~mLocal Law in RelatiQn to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate :copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Judith T. Terr~ Southold Town Clerk Attachment Suffolk County Departmenl of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton~/ , Southold Town Planning Board Southold Town Board of Appeals Southold TOwn Building D, :~artment~~~ (~'~ ~/~//~./~t_~//' Signature Title Date J~DLT~i T. TEB~Y 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 (5116) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE thQt a Public Hearing will be held by the Town Board of the Town of Southoild, at the Southold Town Halt, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "local Law in Relation to Lot Creation and Merger". a copy of which is attached hereto. Please sign the duplicate icopy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Judith T. Terr~ Southold Town Clerk Attachment cc: Suffolk County DepartmentI of Planning Long Island State Par~ Commission Village of Greenport/ Town of Shelter Island ~ Town of Riverhead Town of Southampton Southold Town Planning Bdard Southold Town Board of Al~peals Southold Town Building D~partment Date/ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MAnAGEMENt2 OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O,, Box 1179 Southold, New York 11971 Fa~, (516) 765~1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of South01d, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Loca! Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate ,copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachment cc: Suffolk County Oepartmenl~ of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Ptannincj B~ard Southold Town Board of APpeals Southold Town Building D~l~artment~''~ JUDITH T. TElt~RY TOWN CLEi~K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fa~ (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southqld, at the Southold Town Hall, 53095 Main Road, Southold, New York, aY 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relatidn to Lot Creation and Mergern, a copy of which is attached hereto. Please sign the duplicate icopy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachment cc: ~'' Judith T. Ter~:~ Southold Town Clerk of Planning ~ Suffolk County Department Long Island State Park Collmission Village of Greenport Town of Shetter Island Town of Riverhead Town of Southampton South.old Town Planning B~ard Southold Town Board of AI peals Southold Town Building De )artment Title Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMEN']? OFFICER FREEDOM OF INFORMATION OFFICER Town H~dl, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5].6) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southald, at the Southold Town Hall, 53095 Main Road, Southold, New York, a~ 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Lo<al Law in RelatiOn to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate icopy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachment cc: Suffolk County Department of Planning Long Island State Park Commission Villacje of Greenport / Tow~ of Shelter lsland~'' Town of Riverhead Town of Southampton Southold Town Planning BOard Southold Town Board of ~ppeals Southold Town Building Department Southold Town Clerk JUDITH T. TEtI~RY TOWN CLERI( 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing wilt be held by the Town Board of the Town of South61d, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 'P.M., Tuesday, June 27, 1995, on a proposed =Local Law in Relati?n to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate Icopy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachment CC: Suffolk County Department of Planning Long Island State Park Cdmmission Village of Greenport Town of Shelter Isla~d Town of Riverhead~ Town of Southampton Southold Town Planning B~oard Southold Town Board of Appeals S~u~th,old:.~.:: ,-,,:.:;~,. ,~,_; Town Building D~partmen~~ Title JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMEN~ OFFICER I~REEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 · F~ (5116) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of South01d, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and Merger", a copy of which is attached hereto, Please sign the duplicate copy of this letter and return to m.e in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachment cc: Suffolk County Department of Planning Long Island State Park Cqmmlsslon Villac_le of Greenport : Town of Shelter Island Town of Riverhead ~ Town of Southampton Southold Town Planning Board~'~ Southold Town Board of Appeals Southold Town Building Department Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMAT/ON OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD June 15, 1995 PLEAISE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, a: 8:00 P.M., Tuesday, June 27, 1995, on a proposed aLto:al Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate !copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachment cc: Suffolk County Departmen of Planning Long Island State Park C(Jmmission Village of Greenport ~ Town of Shelter Island Town of Riverhead Town of Southampton Southold Town P~anning B Southold Town Board of ~ Southold Town Building D ~ard / ppeals ~ .~partment Southold Town Clerk JUDITH T. TEP~[Y 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southolld, at the Southold Town Hall, 83095 Main Road, Southold, New York, a~ 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relatib~n to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate icopy of this letter and return to me in the enclosed self-addressed, stampe~ envelope. Thank you. $outhold Town Clerk Attachment cc: Suffolk County Departmen~ of Planning/~g<~ - Long Island State Park C~mmission Village of Greenport/~, ! Town of Shelter Island~t?~! Town, of Riverhead/~>/).. i Town of Southampton--'! $outhold Town Planning ~oard~?g~' Southold Town Board of Appeals~, Southold Town Building Department)Z~, Signature Title Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF FNFORMATION OFFICER Town Hell, 5:3095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICEi OF THE TOWN CLERK TOWN OF SOUTHOLD THIS iS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 13, 1995: WHEREAS, there was presented to th~ Town 23rd day of February, 1995, amende~ and resubmitted to the 30th day of May, 1995, a Local Lalw entitled, "A Local Law Creation and Merger"; and WHEREAS, this Local the Suffolk County therefore, be it RESOLVED that the Southold Town Hall, Board of the Town of Southold, on the Town Board on the in Relation, to Lot Law was refer~ed to the Southold Town Planning Board and Department of Planning for recommendations and reports; now, Town Board he~'eby sets 8:00 P.M., Tuesdey, June 27, 1005, Main Road, Sou~hold, i'New York, as time and place for a public hearing on this Local Law, which rea~ls as follows: LOCAL IL.AW NiO. - 1995 A Local Law in Relation to i Lot Creation and Merger BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the C~de of the Town of Southold is hereby amended as follows: Section 100-24 (Lot Crea!ion) is hereby adopted to read as follows: A. A lot created bv deedi or tow~ a~Droval shall be recoclnized by the Town if any one of the folloW, ina standards al~olv and if the lots have not merqed: The identical lot County Clerk's ( conformed to the Schedule AA as vas created by deed recorded in the Suffolk ffice on or before June 30, 1983 and the lot minim(lm lot recluirementfs~ set forth in Bulk ~f the date of lot creation. The lot in question was lal212roved by the Southoid Town Piannincl Board. ¢ The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. 4_~ The lot(si in question is/are approved and/or recoqnized by formal action of the Board of Appeals odor to June 30, 1983. All lots which are not recoqnized by the Town pursuant to the above section shall not receiv~ any buildinq permits or other development: entitlements. C_.~ All lots are subiect to the merqer provisions of 100-25. 2. Section 100-25 (Merger) is ihereby adopted to read as follows: Merqer. A nonconforminq lot shall merqe with an adiacent conforminq or nonconforminq lot Which has been held in common ownership with the first lot at any time after July 1. 1983. An adiacent tot is one which abuts with the parcel fqr a common course of 50 feet or more in dis- tance. Nonconforminq lots shall merqe until the total lot size conforms to the current bulk schedule requirements. Definitions. Common Ownership shall mean that the parcel is held by the same person in the same cercentac~e of ownership as an adioininq parcel. Exceptions. Lots which are recoqnized under Sec. 100-24 and meet any of the follOW, hq ca~eqones shall be exempt from the merqer ~orovision set forth abo~/e and shall not be deemed merqed by operation of this law: = 1_). The nonconforminp lot has a minimum size of 40,000 square feet, o_r 2_.). The nonconformin~ lot obtained a lot size variance from the Zoninq Board, or 3_). The nonconformin~ lot has been held in sinqle and separate ownership from July 1,1983 to date. .__.% Proof of Merqer. The Town may require a person seekinq determin- ation of merqer to pro~ ide any or ail of the followinq documents for evaluation: Proof of the date When the lot was created and the size of the lot. toqether with a copy of a leqal description of the parcel, all to the satisfaction of the 2~ A copy of the curr~nt tax map and survey of the lot: 3_). A copy of the onq~lnal sun/e,/of the lot; 4__). A title search showinq sinqle and separate ownership of the oroo- orb/from July 1. 1983 to the present time, prepared bv a Suffolk County title insurance company indemnifvinq the Town of Southotd with $25,000 of insurance; 5_l Other additional information or documentation as may be deemed neoessarv. ' E..~. Effect of Merqer. No bQildina permit or other development entitlement will be issued bv the Tcwn until this section has been complied with. The Buildino Deuartme'~t will issue a written determination whether a property fails within an exemption to the merqer provision SeCJon 100-26 0Naiver of Merger) is hereby adopted to read as follows: A._~. If a lot has metered, the Zonina Board of Appeals may waiver the meraer and recoanize ~he oriqinal lot lines upon public hearina and upon a findina that: 1_). the waiver will not 'esult in a sianificant increase in the density of the neiohborhood: i 2_.1 the waiver would recoqnize a lot that is consistent with the size of lots in that neic~hborhood: 3_1 the waiver will avoid economic hardship. Section 100-244 (Setback~ read as follows: ;for Nonconforming Lots) is hereby amended to This subsection is into nded to provide minimum standards for granting of a building permit for lots which are recoc!nized by the Town under 100-24. are ...... non ;onforming and have not merqed pursuant to 100-25 er continued id a state of nonconformance by the adoption of this Article and tha't wffre singly and separately owned as of the effective date of this ,'\~tic!e. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of th~s Artlc!e :nd not adjoining any lot or ,r~d in [he same ownership at any time sub.,e quent to such date may be used, or a building structure may be erec ted on such !pt fcr use., in accordance with all the other applicable provisions cf this chapter, provided that proof of such separate owner ship is submitte.d :,n t,h¢ fcrm of an =bstract of title showing the changes of dtle to sai¢lot; which abstract shall be in the usual form, sh=ll be codified by an attorney cr= company ,"egularly doing such work in Suffolk Count~ or by a corporation duly licensed to examine and ensure title to roa~ prope:-b/in Suffolk county and shall contain a certification that no oc~ntiguous property was owned by an owner ef the Area (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,999 40,000 to 79,999 20,000 to 39,999 Less than 20,000 property in,~,ved since thc date of any previously applicable Zoning Law. Such lot shall be:granted relief for front side =nd roar yard dirnen sions as follows' reeuired to meet the followinq: Yard Lot Front Side Both Sides Rear (:overage Width De¢~ (ft.) (ft.) (feet) (feet) 10% 7_~5 30 8__¢.0 8_5_ 10% 75 3o eo 8~ 20% 8._~0 2._~0 4_~5 7~5 20% 120 11~0 40 15 35 50 20% 80 100 35 15 25 35 G. In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk Count:f, relief for all front, side and rear yard and ~area dimensions shall bo granted to the extent that such front, side and rear yard and area dimensions were required at the time tho map was originally filed with the County Clerk of Suffolk County. Se,~ion 100-12 (Exceptionls) is hereby ~]ete~ in its entirety. All of the lots on the followfng subdivision maps shall be excepted from the !et area and lot width requirements of this chapter, and the lot areas and lot widths applicable to sai~ lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section Il; Fordham Acres. Section 1; Fordham Acres, Section I1; Stoding Homes; Eastern Shores, Section 1; Eastern Shores, Section II; Eastern S~oros, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunnv Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthiil; Edgemere Park; Willow Terrace; ~Seundcrest Woods; Gardinors Bay Estates, Section III; Harvest Homes, Section I; Bayviow Woods Estates; Willow Point; Harbor Lights Estates, Section l; Terry Waters; Bay Haven; Corey Crook Estates; West Crook E-~tates; Northwoods; Vista Bluff; Jacksons L2nding; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section If; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsviow; South Harbor Homos; Poconic Shores, Section I; Poconic Homes, Section I; Poconic Homos, Section II; Poconic Bay Oaks; Laurel Country Estates; Orient by the Sea, Section II; Cleaves Point, Section Ill. Seal:ion 100-32 (Bulk, area and parking regulations) is hereby ~Nete~ in its entirety: No building or premises shall be used =nd no building or part, thereof shall be erected or altered in the Agricultural Conservation District and in the Low' Density Residential R 80 District untoss the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect os if such regulations were sot forth herein in full, as well as to thc following bulk and parking requirements: tn tho case of a lot held in single and separate ownership prior to November 23, 1@7% and thereafter, with an area of less than forty thousand (,10,000) squpre feet, a single family dwelling may be con structed thereon, provided that the requirements of Column vii of the Sulk Schedule and the! Parking Schedule incorpormod in this chap[or are complied with. The bulk and parking rgquirements for single family dwellings as sct forth in Column ii of th~ Bulk Schedule and tho Parking Schedule incorporated into this ~hapter sh~ll apply to the following lots: All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, Ail lots shown on ~ajor subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. : All lots shown on minor subdivision maps that have been granted sketch pt=n apprdval by the Planning Board prior to May 20, 1983. All lots set off or Created by approval of the P]anning Board subsequent to Ndvomber 23, 197!, and prior to May 20, 1983. The bull( and parking ~equircments for single family dwellings sot forth in Columns i and iii o thc Bulk Schedule and Parking Schedule incorporated into this chapter shall appty to thc following lots: (I.) All lots shown onI minor subdivision maps which have boon granted sketch plan approval by the Planning Board on or after May 20, 1983. ,¢2-) All lots shown onI major subdivision maps upon which the Plainning Board has hold q hearing for preliminary map approval on or after May 20, 1983., (G~ All Iots set off or Icreated by approval of the PIanning Board on or after May 20, !9~3. Tho bulk and parkinc~ requirements for two family dwellings sot fc. rth in Column xii of the Bul< Schedule and Parking Schedule incorpora[ed into this chapter shall apply to the following lots: All lets shown on minor subdMsion maps which have bccn granted sketch plan approval by the Pk~nning Board on or after May 20, 1983· All lots shown on major subdivision maps upon which the Planning Board has held a hOaring for preliminary approval on or after May (3) All lets set off or created by approval of the Planning Board on or al[er May 20, 1983; Sec,;ion (7) 100-281 A (7) (Building permits) is hereby ~4et-e~ in its entirety: An application for ~-buitding permit for construction on a vacant lot which is not on an Cpproved subdivision map shall be accompan ied by a certified abstract, of t t e ssued by a title company which shall show s~ngte alnd separate ownership of the entire tot prior to April 9, 1957. 8~ Bulk Schedule AA is herebY, added to read as follows: A_~ Pdor to April 9, 1957 Bulk Schedule AA Lot ~ize B.~. Between Apdl 9, 1957 and 20,d00 December 1, 1971 C..= Between December 2, 1971 40~(~00 and June 30, 1983 ~ Width Depth any any 100 150 135 175 II. This Local Law shall take effect upb~n filing with the Secretary of State. Underline represents additions Strikethrough represents deleti ans. ~-'~3udlth '~. Terry Southeid Town Clerk June 14, 1995 RECEIVED JUN 199., ,~uthold Town DEPARTMENT Of PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNeY. SUFFOLK COUNTY EXECUTIVE STEPHEN M, JONES, A.I.C.P. DIRECTOR OF PLANN[NG Ms. Judith Terry, Clerk Town of Southold Main Road Southold, NY 11971 Applicant: Zoning Action: S.C.P.D. File ~ [o.: June 6, 1995 Town of Southold Amendments to Sections 100-12, 24, 25, 26, 32 & 244 of the Zoning Code SD-95-2A Pursuant to the requirements of Seqtions 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 si~nificant county-wide or imer.'community impact(s). A decision of local determination shotfld not be construed m either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Plam~ing S/s Gerald G. Newman Chief Planner GGN:mb HAUPPAUGE. LONG [SLAND, NY I 1788-0099 220 RABRO DRIVE Ill p.O. BOX 6100 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New' York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5. i995 Judith T. Terry. Town Clerk SouthoJd Town Hall Southold. New York 11971 RECEIVED 'JUN 6 1 95 Southold Tow~ 13e~ RE: Local Law ;n Relation to Lot qreation and Merger Dear Mrs. Terry: The Planning Board has reviewed l~he proposed legislation pertaining to Lot Creation and Merger and finds thal~ it is in support of the legislation as it is written. However. the Plannin9 Board also ~uggests the following changes that it feels should be made to the proposal before it is adopted. 2. Section 100-25 JMerqer) Additional changes that should be ~nade legislation is adopted: / In regard to common ownership, the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that. from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review to the extent possible without compromising purpose of review. Requiring this level of detail will represent a significant cost of time and money by the applicants and the Town. to the Town Code if the proposed 100-281J7) Buiilding Permits This section conflicts with the should be eliminated. Sinc~erely. . ., Richard G. Ward Chairman proposed legislation and cc: Zoning Board of Appeals Laury Dowd J-crDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 1, 1995 Southold T.own Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is ai proposed Local Law entitled, "A Locall Law in Relation to Lot Creation and Merger". Please prepare an officlal report defining the Planning Board's recommendations with relation tO this proposed Local Law and forward same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachment cc: Board of Appeals JUDITH T. T~RRY TOWI~ CL~RK P~GIS'FRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha!tl, 53095 Main Road P.O. Box 1179 Sou~hold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD X Location of alTfected land: Entirei Town of Southold Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town ,of Southold hereby r~fers the following proposed zoning action to the Suffolk Counl:y Department of Pladning: New Zoning Ordinance Amendment'0f zdn!ng Cod~ Amendment of Zon!ng Map (Change of Zone) Suffolk County Within 500 feet X X X X Tax Map No.: of: The boundary of ~ny village or town The boundary of any existing or proposed county, state or federal park. The right-of-way 0f any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or p~oposed right-of-way of any stream or drainage channel owned by the Cou0ty or for which the County has established channel The existing or prtoposed boundary, of any other county, state or federally owned lahd. The Long I~l~nd'S~und, ~ny bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power pla~t.. X Airport ~ COMMENTS: Local La~ in Relatlo~,, to Lot Creation, and Merger attached hereto. Date: June 1~, 1995 Judith T. T~rrry Southold Town Clerk JUDITH T. TERRY TOWN CLER]~ REGISTRAR OF VITAL STATIST/CS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5~.6) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOI~/ING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOII'/N BOARD AT A REGU~.R MEETING HELD ON MAY 30, 1995: I~ItEREAS, there was presented to th~ Town Board of the Town of Southold, on the 30th day of May, 1995, the revision of a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger";' inow, therefore, be it RESOLVED that the Town Clerk be anld she hereby is authorized and directed to transmit this Loc. al Law to the Southold Town Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. This Local Law reads as follows: LOCAl.. A Local Law in Relatior BE IT ENACTED, by the Town Boal NO. - 1995 to Lot Creation and Merger 'd of the Town of Southold as follows: Chapter 100 (Zoning) of the Cdde of the Town of Southold is hereby amended as follows: , 1. Section 100-24 (Lot Creatibn) is hereby adopted to read as follows: A. A lot created by deed br town aporoval shall be recoclnized by the Town if any one of thelfollowinq standards a0olv and if the lots have not merc~ed: 1_). The identical lot Was created by deed recorded in the Suffolk County Clerk's Office on or before June 30. 1983 and the lot conformed to the ~ninimum lot rec~uirement(s) set forth in Bulk Schedule AA as df the date of lot creation. 2_). The lot ~n question was aD,roved by the Southold Town Plannin~ Board. 3_~ The [otfs~ in clues~ion is/are shown on a subdivision mao ao0roved by the Southold Town Board odor to June 30, 1983. The lotfs~ in question is/are aporoved and/or recoanized by formal action of the Board of Appeals prior to June 30. 1983. All lots which are not recoanized by the Town pursuant to the above section shall not receive any buildina permits or other development entitlements. C__~ All lots are subject to the mercier provisions of 100-25. Section 100-25 (Merger) is hereby adopted to read as follows: A.~ Mercier. A nonconforminci lot shall mercie with an adjacent conforminq or nonconforminc~ lot v~hich has been held in common ownership with the first lot at any timel after July 1, 1983. An adiacent lot is one which abuts with the parcel far a common course of 50 feet or more in dis- tance. Nonconformin¢ to the current bulk sci- B..~. Definitions. Common lots shall mercie until the total lot size conforms edule reciuirements. ~wnership shall mean that the parcel is held by the same person in thb same percentacie of ownership as an adioi~ninci parcel. Exceptions. Lots whidh are recoc~nized under Sec. 100-24 and meet any of the followinci e_~tec~ories shall be exempt from the mercier' provision set forth abdve and shall not be deemed merqed by operation of this law: ! The nonconformidci lot has a minimum size of 40,000 sciuare feet. o~r The nonconforminci lot obtained a lot size vadance from the Zoninci Board. or~ The nonconformir~q lot has been held in sinale and separate ownership from July 1,1983 to date. Proof of Mercier. The Town may reciuire a person seekin¢l determin- ation of mercier to pfc vide any or all of the fotlowina documents for evaluation: 1) Proof of the date ,vhen the lot was created and the size of the, lot. toqether with a c~Dv of a leaal description of the parcel, all to the satisfaction of th~ Town; 2_~ A copy of the cur 'ent tax ma~ and survev of the lot: ~ A copy of the ork inal sun/er of the lot; A title search showinq sinqle and separate ownership of the prop- ertv from July 1. 1983 to the present time, prepared by a Suffolk County title insurance company indemnifvinq the Town of Southold with $25.000 of insurance; Other additional information or documentation as may be deemed ~ecessary. E__=. Effect of Meteor. No b~ildinq permit or other development entitlement will be issued by the Tbwn until this section has been complied with. The Buiidina Department will issue a written determination whether a property falls within aniexemption to the merger provision. Section 100-26 (Waiver ofiMerger) is hereby adopted to read as follows: If a lot has merged, the Zoning Board of Appeals may waiver the and recoanize Ithe orieinal lot lines upon public hearin~ and merqer upon a finding that: , the waiver will notiresult in a significant increase in the density of the neiclhborhood;i the waiver would recoqnize a tot that is consistent with the size of lots in that ne~qhborhood: the waiver will avdid economic hardship. Section 100-244 (Setback8 for Nonconforming Lots) is hereby amended to read a.s follows: This subsection is intended to provide minimum standards for granting of a building permit for~ lots which are recognized by the Town under 100-24. are ...... nonconforming and have not merged pursuant to 100-25 or continued id a state of nonconformance by thc adoption of this Article and that wqrc singly and separately owned as of the effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or lard in thc same ownership at any time subsc quent to such date may' be used, or a building structure may be erec tod on such lot for uso, in accordance with all the other applicable provisions of this chap[er, provided that proof of such separate owner ship is submitted in the form of an abstract of title showing the changes of title to saic lot; which abstract shall be in tho usual fem,, shall be certified by ar attorney or a company regularly doing such: wod~ in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain certification ,, ~at no contiguous property was ownud by an owner of the property involved since the date of any previously applicable Zoning L=v;. Such lot shall be granted relief for front side and rear yard dimen sions as follows required to meet the followinq: Area (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,999 40,000 to 79,999 20,000 to 39,999 4¢1 ~¢1~ Less than 20,000 Yard Lot Front Side Both Sides Rear (;overage ?.r'.dth DeCh (ff.) (ft.) (feet) (feet) 10% 7.~5 3_.~0 6.~0 8._~5 lO% 15% 20% 7.~5 3_9.0 8._.Q0 8._~5 e~0 3O 8_2O 60 2~0 4_~5 7_.~5 20% 120 -1.4.0 40 15 35 50 20% 80 1100 35 15 25 35 in thc cass of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by thc Planning Board of the Town of Southold and filed with thc County Clerk of Suffolk Coumy, relief for all front, side and roar yard arid arco dimensions shall be ~orantcd to the extent that such front, side and rear yard and area dimen,~ions were required at the time thc map was originally filed with tho County Clerk of Suffolk County. Section 100-t2 (Exceptio A~] of the lots on the folio, lot area and Iot width rcq~ lot widths applicable to s; ~s) ~s hereby ....... in its entirety. ring subdivision maps shall be excepted from the iiremcnts of this chapter, and thc lot arc, as and ~id lots shall be as shown and designated on said subdivision maps: Green Acres; Stratrnors; Marion Manor; Cleaves Point, Section Il; Fordham Acres, Section 1; Fordham Acres, Section Il; Sterling Homes; Eastern Shores, Section 1; Eastern Shores, Section II; Eastern Shores, Section Itl; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer P:]rk; Village Manor; G.I. Tuthill; Edgemerc Park; Willow Terrace; Soundcrcst Woods; Garciners Bay Estates, Section 111; Harvest Homos, Section I; Bayview Wood~ Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vis-.a Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section I1; Smithfield Park; Paradise Point; Harbor Lights Estates, Section I11; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Seotion I; Peconic Hemes, Section l; Poconic Homos, Section 11; Pcconic Bay Oaks; Laurel Country Estates; Orient by thc Sea, Section 11; Cleaves Point, Section IIL Section 100-32 (Bulk, area and parking regulations) is hereby delcted in its entirety: ~ No building or premises sltall be used and no building or part thereof shall be crested or altered in thC Agricultural Conservation Distdct and in the Lnw Density Residential R 80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth heroin in full, as well as to ~¢ following bulk and parking requirements: In the case of a lot hel~ in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) sqL.are feet, a single family dwelling may be con structed thereon, prey,dod that the requirements of Column vii of tho Bulk Schedule and thc~ Parking Schedule incorporated in this chapter are complied with. ~ The bulk and parking requirements for single _family dwellings as set forth in Column ii of tho Bulk Schedule and the Parking Schedute incorporated into this chapter shall apply to the following lots: (1) ·. All lots shown on i najor and minor subdivision maps which were granted final appr, ~val by the Planning Board prior to May 20, All Iots shown on ~najor subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior te May 20, 1983. (3) All lots shown on ~inor subdMsion maps that have been granted sketch plan apprdval by the Planning Board prior to May 20, 1983. All lots set off or subsequent to Nc C~. Tho bulk and parking in Columns i and iii of incorporated into this :teated by approval of the Planning Board vember 23, 1971, and prior to May 20, 1983. requirements for single family dwellings set forth the Bulk Schedule and Parking Schedule :haptor shall apply to tho following lots: ·. · All lots'shown on minor subdivision maps which have been granted sketch plan approval by tho Planning Board on or after May 20, 1983. (.2) All lots shown on major subdivision maps upon which tho Pbnning Board has hold a .headng for proliminaw map approval on or after May 20, 1983. All lots sot off or created by approval of the Planning Board on or after May 20, 198:3. The bulk and parking iequirements for two bmily dwellings set forth in Column xii of the Bulk~ Schedule and Parking Schedule incorporated into this chapter shall !apply to the following lots: ~ All lots shown on !minor subdivision maps which have been ~rantod sketch plbn approval by tho Planning Board on or 'after May 20, 1983. All lots shown on ~ajor subdivision maps upon which the Planning Board has hold a iheoring for preliminary approval on or after May ; All lots set off or Created by approval of the I;'bnning Board on or after May 20, 198~. 7~ Bulk Schedule AA is hereby added to read as follows: A_~. Prior to Alkali 9, 1957 B. Between A[~ril 9, 1957 and December 1, 1971 C. Between Oecember 2, 1971 and June 30, 1983 ~utk Schedule AA Lot Size Width Depth an,/ any any 201000 100 150 oiooo 135 II. * Underline represents additio ** Strikethrough represents de This Local Law shall take effect upon filing with the Secretary of State. 'IS. etions. Judith T. Terry ~/ Southold Town Clerk May 31. 1995 14.16-4 (2/87)--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To De completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2~ P~_~.~- ~ in Relation TOWN OF SOUTHOLD 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Entire Town of Southold SEQR to Lot Creation and Merger 5. IS PROPOSED ACTION: [] New [] Expansion ~] Modification~ ,Iteration ' 6. DESCRIBE PROJECT BRIEFLY: Amends Chapter 100 (Zoning) of the Code of the Town of Southold providing that a lot created by deed or town a3proval shall be recognized by the Town if certain standards apply and if t~e lots have not merged. 7. AMOUNT OF LAND AFFECTED: Initially N~ r~s ultimate, 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZC [~Yes [] No If No, describe briefly qING OR OTHER EX~STING LAND USE RESTRICTIONS? / 9. WHAT IS PRESENT LAND USE IN VICINITY OF PBOJE~;T? [] Residential [] !ndustrial [] Commerc~ial [] Agriculture [] Parl'JForesUOpen Space [] Other Describe: N/A 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR Ft NDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes {~ No If yes, list agency(s) and' permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CUR; tENTLY VALID PERMIT OR APPROVAL? Yes [~ NO )f yes, list agency name and ! ,ermit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~N~n CERTiFy THAT THE INFOqFO~//~TITI ;)N PROVPRO~DED ~ IS TRDED A OIS TRUE TO THE BEST OF MY KNOWLEDGE Yes Signature: ~ ~w~ ~/~ ~ ~ , If the action is in the Coastal Area, and you are a state agency, complete the Coastsl Assessment -'orm before proceeding with this assessment OVER ~AqT --._~V~ ~ 'qO3 ~,_N ~ '-A,.' ASr '~S,¢,_N ~ : '~ (-o be completed by Agency) DOES 4CTIO~~ EXCEE3 A,N" TYPE , r~RES-CL D i~; 8 NYORR, PART 6!7.~27 vas, coot .,,ate the rev!aw 9,'ocess ¢ud us8 thc FULL EAF. NO NO NO " NO D. IS THERE, OR I$ THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL [] Yes ~ No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be compieted by Agency) INSTRUCTIONS; For each adverse effect identified above, determine whether ~t is substantial, large, ~mpertant or o~herc,'ise si9ni~fca~,t. Each effect should be assessed in connection with its (a) setting (i.e. urban or ruraJ); (b) probability cf occurdeg; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference supportin¢ materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impasts have been identified a~'~d adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which ~AY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration, ~ Check this box if you have determined, based on the information and analysis above and ar~y supporting documentation, that the proposed action WILL NOT result in any significant adverse er~virenmentet impacts AND provide on~chments as necessary, the reasons supporting this determination: ' // Southold Town Board May 30, 'J995 2 JUDrrtt T. TERRY TOWN CLEP~. REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. lBox 1179 Southold, New York 11971 Fax (516) 765-1823 TelephQne ,I516) 765-1800 OFFICEi OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FC SOUTHOLD TOWN BOARD AT A REC RESOLVED, that pursuant to Law, State Environmental Qua LLOWING RESOLUTION WAS ADOPTED BY THE ULAR MEETING HELD ON MAY 30, 1995: ~ ~,rticle 8 of the Environmental [ity Review Act, and 6NYCRR Conservation Part 617.10, and Chapl~er 44 of the Code 'of the Town of Southold, notice is h, ereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no signiificant effect on t~he environment. DESCRIPTION OF ACTION: Pt~oposed "Local Law in Relation to Lot Creation and Merger" which ~mends Chapter 100 (Zoning) of the Code of the. Town of Southold by addihg the provisions that a lot created by deed or town ,approval shall be recognized by the Town if certain standards apply and if the lots have not merged. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. Judith T. Terry ~/ Sout~old Town Clerk May 31, 1995 LAURY L. DOWD Town Attorney Town Hall, 53095 Main Road P. O, Box: 1179 Southold, NewYon~ 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: TOWN BOARD FROM: RE: TOWN ATTORNEY LOT CREATION AND MIERGER ORDINANCE DATE: APRIL 27. 1995 Attached is a draft local law w about the draft lot creation an( contents of the ordinance, nc nich addresses the Planning Board's comments merger ordinance. I'd like to summarize the te changes since you've last seen it, and highlight areas which need a policy decision. The local law is intended to address staff problems in determining if lots were legally created and if they can exist today as separate lots. Currently, the Planning Board, Zoning Board differently, because there is n issues should be handled. The n, The ordinance requires lots to created before that will be rec and Building Department handle these issues 3 clear guidance in the code as to how the ~w ordinance gives such guidance. be created by subdivision after 6/30/I~3. Lots 3gnized if they received Town approval or if they conform to a basic lot size. In response to comments, requirements have been added to require the 14' to have a minimum lot width and depth requirement (based on the wldtl~ and depth requirements in the code at those times). The goal is to avoid r~ :ognizing roads and other narrow parcels as lots. The basic lot requirements have been set out in Bulk Schedule AA which is attached to the end and which is part of the ordinance. Even if a lot was validly created, it may have merged with an adjoining lot. Section 100.-25 establishes the rules regarding mergers of nonconforming lots. In responsE; to comments, Section A has been revised. A nonconforming lot merges with other lots held in t~e same names until the lot is big enough to be conforming. For example, if you have six 1-acre lots in a 2 acre zone, the lots will merge to form three 2-acre lots, not one 6-acre lot. Section 100--24~. 100-12 and 100-32 have been deleted because the new sections make them unnecessary. Note that 100-2t[4 has been amended to include setbacks for undersized lots in the relatively new R200 zones. Page 2 The new ordinance calls for the Building Department to apply it. Since some administrative details need to be! worked out (forms and filing procedures), I recommend tl3at the new law havei a delayed effective date of two months.. A policy decision still remains toi be made about whether lots merge if they are held in the same names but in different percentages of ownership. For example, on.e nonconforming lot is held .l~y John and Mary S. mith (50% each) and the adjacent lot is held by John Smlth (2/3) and Mary.Smith (1/3). Under the draft language these lots would net r~erge. The Planning Board suggests that the Town ignore percentage of. owne~-ship and merge the above-.described lots, on the grounds that figuring opt percentage of ownership is an undue complication. We should talk abou~ how you want to proceed with this issue. The next step in proceeding is t~ set this ordinance for public hearing. DRAFT 4/26/95 Local Law No. 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Boaid of the Town of Southold as follows: Chapte~r 100 (Zoning) of the COde of the Town of Southold is hereby amended as follows: I 1. Se(~ion 100-24 (Lot CreatiOn) is hereby adopted to read as follows: A lot created by deed Town if any one of the not mer.qed: pr town approval shall be reco.qnized bv the followin.q standards apply and if the lots have ~ The identical lot Was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the ~inimum lot reQuirement(s) set forth in Bulk Schedule AA as o~the date of lot creation. 2_). The lot in question was approved by the Southold Town PlanninQ Board. ~ The lot(s) in question is/are shown on a subdivision map approved bv the Southold Tbwn Board prior to June 30, 1983. ~ The lot(s) in Ques[ion is/are approved and/or recoQnized bv formal action of the Board of Appeals prior to June 30, 1983. B__~ All lots which are not recoQnized by the Town pursuant to the above sect on sha not recei~,e any build n~ 3ermits or other deve opmer t entitlements. C_~ All lots are subiect to ihe mer.qer provisions of 100-25. Section 100-25 (Merger) iJs hereby adopted to read as follows: A~ Mer,qer. A nonconformin~ lot shall mer~e with an adiacent conformin~ or nonconformin.Q lot which has at any time been held in common ownership as the first lot. An adiacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconformin~ lots shall mer(~e until the total lot size conforms to the current bulk schedule requirements. ....,%. Definitions. Common ownership shall mean that the parcel is held by the same person in th9 same percenta~qe of ownership as an adioininQ parcel. C_~ Exceptions. Lots which are recoanized under Sec. 100-24 and meet any of the followinq cateaories shall be exempt from the mer~aer provision set forth abo~/e and shall not be deemed meraed by operation of this law: 1_) The nonconformin~ lot has a minimum size of 40,000 square feet. o~r | 2__) The nonconforming lot obtained a lot size variance from the Zoninq Board, or 3__) The nonconformin~ lot has been held in sinqle and separate ownership from Jdlv 1,1983 to date. D.~ Proof of Mer~er. The 1J-own mav reauire a person seekin~ determin- ation of merqer to provide anv or all of the followina documents for evaluation: 1_). Proof of the date when the lot was created and the size of the lot, to~qether with a co3v of a legal description of the parcel, all to the satisfaction of the Town; 2.2_). A copy of the currgnt tax map and survey of the lot; 3_) A copy of the oriq hal survey of the lot; 4_). A title search showinq sin.qle and separate ownership of the pl"op- erty from July 1, 1983 to the present time, prepared bva Suffolk County title insurance company indemnifvin~ the Town of _Southold with $2~,000 of insurance; Other additional i~formation or documentation as may be deemed necessary. E_~ Effect of Mer~er. No 3uildinq permit or other development entitlement will be issued by the -own until this section has been complied with, The Building Department will issue a written determination whether a property falls within an exemption to the merqer provision. Section 100-244 (Setbacl~s for Undersized Lots) is hereby amended to read as follows: Area (sq. ft.) 120,000 to 199,999 10% 100,000 to 119,999 10% 80,000 to 99,999 !.~% 40,000 to 79,999 20% 20,000 to 39,999 20% 120 Less thar~ 20,000 20% 80 This subsection is intended to provide minimum standards for granting of a building permit for ilots which are recognized bv the Town under 100-24, are re=dc nonconforming and have not mer.qed pursuant to 100-25 or continued in l a state of nonconformance by the adoption of this Articlc and that weire singly and separately owned as of the effoctivc date of this Article. A nonconforming lot sCparatcly owned and not adjoining any lot or land in thc samc owneiship at the cffective datc of this Article and not adjoining any lot or ladd in the same ownership at any time subse qucnt to such date may be used, or a building structure may be erec ted on such lot for useI in accordance with all the othcr applicable provisions of this chaplet, provided that proof of such separate owner ship is submitted in tho form of an abstract of title showing the changes of title to saidlot; which abstract shall be in the usual forrn, shall be certified by an attorney or a company regularly doing such work in Suffolk County~ or by a corporation duly licensed to examine and ensure title to real property' in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning ~w. Such lot shall beJgrantcd relief for front side and rear yard dirnen sions as follows re(~uired to meet the followin.q: ' Yard Lot i Front Side Beth Sides Rear Coverage Width l~ef)th (ft.) (ft.) (feet) (feet) 7-5 3._Q0 6--o 8--5 7--5 3_90 6-O 8-5 6-O 3-O 6-O 8-5 6-O 2.._Q0 4_5 7-5 40 15 35 5,0 00 35 15 25 35 In tho case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk Court!y, relief for all front, side and rear yard and area dimensions shall bo g~'anted to the extent that such front, side and rear yard and area dimons!ons wore required at the time the map was originally filed with the County Clerk of Suffolk County. Section 100-12 (Exceptions) is hereby ~leteteel in its entirety. All of the lots on the following subdivision maps shall be excepted from tho lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to sa d lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Storli~g Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Patrk; Village Manor; G.I. -uthill; Edgomere Park; Willow Terrace; Seundcrost Woods; Gardi~ners Bay Estates, Section II1; Harvest Homes, Section I; Bayviow Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise P~4nt; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homesi Section I; Peconic Homes, Section II; Peconic ~y Oaks; Laurel Countr,/Estates; Orient by the Sea, Section II; Cleaves Point, Section III. , Section 100-32 (Bulk, are~ and parking regulations) is hereby ~elet~e~l in its entirety: No building or premises sqall be used and no building or part thereof shall bc erected or altered in thc Agricultural Conservation District and in the Low Density Residential R 80 District unless the same conforms to the Bulk Schedule and Parkiqg Schedule incorporated into this chapter with the same force and effectlas if such regulations wore set forth herein in full, as well as to the follo~,ing bulk and parking requirements: A~. In tho case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of loss than forty thousand (40,000) square foot, a single family dwelling may bo con structed thereon, pro~ ided that the requirements of Column vii of the Bulk Schedule and th .- Parking Schedule incorporated in this chapter are complied with. The bulk and parking requirements for single family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final apprbval by the Planning Board prior to May 20, All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. {49 All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots sot off or qroatod by approval of the Planning Board subsequent to NoVember 23, 1971, and prior to May 20, 1983. Tho bulk and parking requirements for single family dwellings set :forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this 3haptor shall apply to the following lots: All lots shown on granted sketch pi; May 20, 1983. All lots shown on Board has held a May 20, 1983. ~inor subdivision maps which have been approval by the Planning Board on or after ~ajor subdivision maps upon which the Planning wearing for preliminary map approval on or after (,3) All lots set off or c~reated by approval of the Planning Board on or after May 20, 198~3. Tho bulk and parking requirements for two family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (4-) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which tho Planning Board has held a hearing for preliminary approval on or after May (3) All lots set off or roatod by approval of tho Planning Board on or after May 20, 1983. Bulk Schedule ,AA Lot! Size Width Depth A~ Prior to April 9, 1957 any ~ any B. Between April 9. 1957 and December 1, 1971 C. Between December 2, 1971 and June 30, 1983 20, 40, II. This Local Law shall take effe( )00 100 150 )00 135 175 upon filing with the Secretary of State. * Underline represents addition~. ** Strikethrough represents deletlons. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennet~ Odowski, Jr. Man~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) ;765-3136 Telephone (516) 765-1938 PLANNI!NG BOARD OFFICE TOWN OF SOUTHOLD ~CBVED April 11. 1995 Judith T. Terry. Town Clerk Southold Town Hall Seuthold. New York 11971 $¢~t.~otd Tow.~ CJer~ RE: Local Law in Relation to Lot Creation and Merger Dear Mrs. Terry: The Planning Board has reviewed [he proposed legislation pertaining to Lot Creation and Merger and finds tha~ it is in support of the legislation as it is written. However. the Planning Board also isuggests minor additions and word changes that it feels should be marie to the proposal before it is adopted. These have been sent to the Towni Attorney under separate cover. A copy is enclosed for your convenience. ' Sincerely. Richard G. Ward Chairman eric. cc: Zoning Board of Appeals Building Department PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: FROM: RE: PLANNliNG BOARD OFFICE TOWN OF SOUTHOLD Laury Dowd. Town Attodney Richard G. Ward. Chairman 4~ Proposed Local Law in R&lation to Lot Creation and Merger DATE: April 11. 1995 The Planning Board has reviewed 1 Creation and Merger and finds thai However, there are some minor adc should be made to clarify the inter it. The suggested changes are ~ist~ 1. Section 100;-2/I- [Lot Creation~ he proposed legislation pertaining to Lot it is in support of the legislation· itions and word changes that we think t and the procedures as we understand ~d below by section number. Ail) Perhaps the word "legally" shbuld be eliminated from this section. The intent of this section ~s t~o clarify those situations where the Town rec:ognizes the creation of a lot. not whether the lot was created in a legal manner. The draft legislation uses rain mum lot area as the standard which must be irnet in determining wi~e~her or not lots are merged. This standard would allow the To~ to recognize lots which did not conform 1:o all the minimum rec uirements [width. depth, front yard. etc. ) at the time they were created. To be consistent, the other minimum requirements should 3e included in the standards to determinE; whether or not lots are merged. The minimum requirements for each time period should be added to the text of Subsection A{la. b and c). perhaps in a table --ormat. A[lc)This section sets standards f~r some but not all of the Zoning Districts in existence during t~he December 1. 1971 to June 30. 1983 time period. It does not include the Business Districts. "B' and "B-l". To be consistent, all ~oning Districts should be included in this section. I A(3) An exact date (June 30. 1983) is specified in other sections of the draft legislation. This san~e date should be used in Sections (A 2 and 3). This sentence should further ,Jefine a map as a subdivision map so as not to give the impression tha this section applies to zoning and other maps. Lot Creation and Merger Page 2 April 11, 1995 B. The word "legally" should be ieliminated from this section, The Board suggests that this sentence be amended as follows: No building permits or other ¢levelopment entitlements will be issued by the Town on lots which wdre not created pursuant to the above section. Section 100-25 (Merger) The meaning of this section is not clear to us for situations involving a conforming lot ant one or more non-conforming lots. Perhaps the meaning should be clarified so that it is clear that a non-conforming lot which does not meet any of the categories in Exceptions will be merged wltn an adjacent conforming lot under the same owrlership. In addition, this section is nqt clear about how the lots will be merged. That is, if there ar~ multiple lots in question, shall the lots be merged into one lot which may exceed the zoning requirements? Or. shall the tots be merged' up to the point where conforming lot is created? Finally, this section should require that the merged lot (or lets) shall be recorded as such in the Town records and in the County Real Property records. In regard to common ownership, the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that. from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review to the extent possible without compromising purpose of review. Requiring this level of detail will represent a significant cost o-' time and money by the applicants and the Town. The Board seas no reason to take the review to this level of detail at this time. If necessary, we can revisit this issue at some future date. In addition, in order to clarify that common ownership pertains to Corporations, Trusts, and mere than one person, perhaps the word "person" should be changed to "owners" or other similar nomenclature? The word "legally" should be eliminated for the same reasons mentioned earlier. This sentence should be reworded to refer to lots created iin accordance with Section 100-24. It must be clarified whether "a lot size variance" is just that. or whether this sentence refers the reader to the existing Code. Section A106-53. This section is in regard to actions taken by the Board of Appeals between the period from January 1, 1971, and September 5, 1979. During this period, the Board of Appeals made certain determinations involving area variances and/or the relocation of lot lines and/or the setoff of lots. A schedule of such determinations Lo[ Creation and Merger April 11. 1995 Page 3 was compiled, endorsed by the Chairman of the Planning Board and filed in the Town Clerk's office. This schedule is referred to as the "Grandfather List." If it is possible to separate the area variances from the other actions included on the Grandfather List. then it is suggested that this be clone, and the wording for this section remain as proposed. If it is ~ot possible to separate the area variances from the actions included on the Grandfather List. then it is suggested that the proposal be clarified by referring to the actions included in Section A106-53 (The Grandfather List) in addition to the nonconforming lots: which obtained a lot size variance from the Zoning Board of Appeals. It should be noted that if it is not possible to separate the actions, there may be a few cases where a nonconforming lot will be deemed merged if it was created by a setoff approved by the Planning Board during the 1971-t979 time period, and a similar lot will be deemed singte and separate if it was created by a setoff approved by the Zoning Board of Appeals during the same time period. D. The "re" should be replaced With "in regard to." D(4) A speciflic date (July 1983) w~s specified in section C(3) in regard to the single and separate search. This date should be used in place. of the 1983 date. E. A procedure will have to be ~teveloped whereby the Buildin9 Department issues a written determination whether a property falls within an exemption to the merger provision. It is suggested that the procedure be discussed at this time. so that it will be in place when this draft legislation is adopt.=d. The procedure must address such aspects ;as how merger inquires are directed to the Building Department. and how the wri,[ten determination will be recorded within tile Town Departments Section 100-2J~ (Setbacks for Undarsized Lots) 3(B) The col~lmn for the lot areas from 100.000 sq. ft. to 119.000 sq. ft. should be extended to be lot areas from 100,000 sq. ft. to 119,999 sq. ft. A new column should be created for lot areas from 120.000 sq. ft. to 199.999 sq. ft. Perhaps average setbacks sh,~uld be established in place of the table format? This section is proposed to ~larify the minimum requirements for cluster developments whic[~ do not have established front, side. and rear yar'd dimensions. Lots c["eatsd in a cluster development are not considered nonconforming Iot~ unless a zone change took place after Lot Creation and Merger April 11, 1995 Page 4 the deveiiopment was approved. Since there are few, if any, cluster developments that have been made nonconforming due to a zone change, the Planning Board suggests that this section be eliminated from the proposed legislation and that it be added at a later date ~o the Clusl~er Development section of the Code. Additional Chanqes that must be made to the Town Code if the proposed leqislation is ;adopted Section 1[00-32(A) This e×isting section conflict~ with the proposed legislation and should be eliminated. Section '11)0-32(B,C and D] These sections should be reviewed for potential conflicts with the proposed legislation. R~CEIVED Soulhold Town Cled~ DEPARTMENT OF PLAI~iNING COUNTY OF SUFFOLK RObeRt J. GAff NEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLA,NNING Ms. Judith Terry, Town Clerk Town of Sout]aold Main Road Southold, NY 11971 March 6, 1995 Appli~ .,ant: Town of Southold Zon'mg Action: Amendment to Sections 100-12, 24, 25 and 244 of : the Zoning Code. S.C.P.D. FileNo.: SD-95-2 Pursumit to the requirements of S~ctions A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Plmming Commission is considbred to be a matter for local determination as there is no apparent sig~ficant county-wide or inter-community impact(s). A decision of local determination, should not be construed as either an approval or disapproval. GGN:mb 220 RABRO DRIVE · P.O, BOX 6100 · Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Plarmer HAUPPAUGE, LONG ISLAND. NY 11788-0099 JUDrrH T. TEI~RY TOWN CLEHK REGISTRAR OF VI~AL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMEN~T OFFICER FREEDOM OF INFORMATION OFFICEE Town Hall:. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (Ii16) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 24, 1995 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is ~ proposed Local Law entitled, "A Local Law in Relation to Lot Creation and Merger". Please prepare recommendations with 5o me. Thank you. an official report defining the Planning Board's regard to this proposed Local Law and forward same Very truly yours, Southold Town Clerk Attachment JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL ~STATIST1CS MARRIAGE OFFICE~[ RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICEiOF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~ (516) 765-1823 Telephone (516) 765-1801 Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Plahning: New Zoning Ordir~ance X Amendment of Zoning Coda Amendment of Zorling Map (Change of Zone) Location of affected land: En' Suffolk County Tax Map No.: Within 500 feet of: X X X The boundary of The boundary of ire Town of Southoid any village or town any existing or proposed county, state or federal park. The right-of-way iof any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing o~r~ p~'oposed right-of-way of any stream or drainage channel owned by the GoLinty or for which the County has established channel lines. , The existing or p~oposed boundary of any other county, state or federally owned I~nd. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bod!es of water. Or within one mile of: Nuclear power pla X Airport COMMENTS: Proposed Local Law and Merger" is attached hereto. Date: February 24, 1995 ntitled, "A Local Law in Relation to Lot Creation. Southold Town Clerk JUDITH T. TE~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFIEER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFF/CER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephom~ (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLEOWlNG RESOLUTION WAS ADOPTED Blt' THE SOUTHOLD TOWN BOARD AT A REGU~.AR MEETING HELD ON FEBRUARY 23. 1995: WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 23rd day of February, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; now,. therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this pre.posed Local Law to Suffolk County Department of Plannir Cede and the Suffolk County Charter. LOCAL L, A Local Law in Relati( BE IT ENACTED, by the Town Board of I. Chapter 100 (Zoning) of the Code c as follows: the Southold Town Planning Board and the g, all in accordance with the Southold Town This Local Law reads as follows: ~W NO. - 1995 .n to Lot Creation and Merger the Town of Southold as follows: the Town of Southold is hereby amended 1. Section 100-24 (Lot Creation) i~ hereby adopted to read as follows: A lot created by deed or town approval shall be deemed to be tep!a v created if any one of the fo Iow nd standards apply and if the lots have not mercled The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conforms to the followincl minimum lot area requirement(s) when created: fa) Prior to April 9, 1957; any size lb) Between April 9, 1957 and December 1, 1971; 20,000 sq. ft. (c) -Between December 1, 1971 and June 30, 1983; A Residential Zone: M Liclht Multiple Residence: M-1 Multiple Residence Zone: C Liqht Industrial Zone: C-1 Heavy Industrial Zone: 40,000 sq. ~. 40,000 sq. ff. 80,000 sq. ff. 40,000 sq. ~. 200,000 sq. ~. 2_). The lot in question was approved by the Southold Town Plannin¢i Board. 3_}_ The lot(s) in question is/are shown on a map approved by the Southold Town Board prior to 1983. 4) The lot(s) in question is/are approved and/or recoc~nized by formal action of the Board of Appeals prior to 1983. B_~. Alt lots which were not leqalltv created pursuant to the above section shalil not receive any buildid¢~ permits. C..=. All I!ots shall be subiect to t~e merger provisions of 100-25, Section 100-25 (Merger) is herbby adopted to read as follows: Mer,qer. Nonconformin¢l parcels of property shall be merqed if they have at any time been held in common ownership with another parcel which abuts for a common Course of 50 feet or more in distance. The zoninq bulk schedule requirements for the combined (larqer) area shall apply. ~ Definitions. Common ownership shall mean that the parcel is held by the :same person in the same percentage of ownership as an adioininq parcel. Exceptions. Legally-created lots which meet any of the followinq cate- ¢~ories shall be exempt form the Merqer provision set forth above and shall not be deemed merqe~ by operation of this law: 1_1 The nonconforminq lot has a minimum size of 40,000 square feet, o~r 'The nonconforminq lot Obtained a lot size variance from the Zoninq Board, or 'The nonconforminq lot bas been held in sinqle and separate ownership from July 1983 to date. Proof re Merqer. The Townlmay require a person seekinq determin- ation of mercier to provide ahy or ail of the followinq documents for evaluation: Proof of the date when the lot was created and the size of the lot, toqether with a copy of a legal description of the parcel, all to the satisfaction of the Town; A copy of the current tax map and survey of the lot; A copy of the or q hal survey of the lot; A title search showinq ¢ ncte and separate ownership of the prop- erty from 1983 to the pdesent time, prepared by a Suffolk County title insurance company ndemnifyinR the Town of Southold with insurance of $25,000; Other additional information or documentation as may be deemed necessary. Effect of Merqer. No buildihq permit or other development entitlement will be issued by the Town bntil this chapter has been complied with. The. Buildin¢l Department ~ill issue a written determination whether a property falls w~th~n an exemption to the merger provision. Section 100-244 (Setbacks for Undersized Lots) is hereby amended to read as follows: ~ This subsection is intended to provide minimum standards for granting of a building permit for legally created lots which are made noncon- · forming and have not mer~led pursuant to 100-25 or continued in-a sta~ of nonconformance b:y thc adoption of this Article and that wore sincjly and separately owno~ as of the effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or la¢~l in the same ownership at tho effective date of this Article and not adjoining any lot or land in (ho same ownership at any time subse quo:nt to such date may bo ~sod, or a building structure may bo proc tod ,on suoh lot for use, in apcordanco with all the other applicable provisions of this chapter, provided that proof of such separate owner ~hip is submitted in tho forr~ of an abstract of title showing tho changes of title to said lot;Which abstract shall bo in tho usual form, s~all bo certified by an atto!ney or a company regularly doing such work in Suffolk County or by a. oorporation duly licensed to examine and ensure title to real proptorty in Suffolk county and shall contain a corti:fication that no contigu~)u..'° property was owned by an owner of tho property involved since the date of any prcviousty applicable Zoning L~qw. Such lot shall be grained relief for front side and rear yard dimon sions~:qc--------------~fo!!ows required to meet the followin¢l: Area (sq. ft.) 100,000 to 119,000 80,000 to 99,999 40,000 to 79.999 20,0OOto 39,999 Lessthan 20,000 Lot Coverage :¢~idth Yard Front Side Both Sides Rear (ff.) (ft.) (feet) (feet) 10% 15 % 20% 7~5 3_~0 6_~0 8~5 6--O 6_Q0 8-5 6-O 2-O 4--5 7--5 20% 4~¢9 !48 40 15 35 5O 20% * 89 100 "--~35 "-15- · 25 C. In the case of single and separate ownership of a nonconforming lot looaf, od in a subdivision plat, approved after April 9, 1957, by tho Planning Board of the Town of Southold and filed with tho County Cled< of Suffolk County, relief for all front, side and roar yard and area dimensions shall bo grantec to tho extent that such front, side and roar yard and area dimensions ~,ere roquirod at the time the map was originally filed with tho Coudty Clerk of Suffolk County. If a cluster map was approved by the P ann hg Board of the Town of Southold and filed with the County Clerk of Suffolk County after April 9, 1957 and shows front, side, and rear yard dimensions, those dimensions shall control over the ones set forth above. Section '100-12 (Exceptions) is l~ereby deleted in its entirety. All of the lots on the following sdbdivision maps shall be excepted from tho lot area and lot width requirements of this chapter, and the lot areas and lot width,,; applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homos; I--astern Shores, Soctior I; Eastern Shores, Section 11; Eastern Shores, Section 111; Eastern She"os, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Door P~rk; Village Manor; G.I. Tuthill; Edgomoro Park; Willow Terrace; Soundcrest Woods; Gardi~cms Bay Estates, Section II1; Harvest HomesT, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section 1; Terry Wator~; B~y Ha,¢en; Coroy Crook Estates; West Crook Estates; Northwoods; Vista Bluff Jacks..ons Landing; Bennett's Pond; Rosewood Estates; Sunset Knol s, Section 11; Smithfield Park; Paradise Point; Harbor Lights Estates, Se3tion III; Highwood; Nunnakoma Wate¢~ Yennocott Pack; Downsviow; South Harbor Homes; Poconic Shores, Section I; Poconic Homes, Socti0n I; Poconic HOmes, Section II; Poconic Bay Oak:s; Laurel Country Estat~ s; Orient by tho Sea, Section II; Cleaves Point, Section III. II. This Local [.aw shall take effect upon filing with the Secretary of State. *' Underline represents additions ** StrikethrOugh represents deletions. Judith T. Terry 5outhold Town Clerk February 2q. 1995 JUDITH T. TEt~RY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLI~OWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A RECUI~.AR MEETING HELD ON FEBRUARY 23. 1995: '~RESOLVED' that pursuant to Ar~ticle 8 of the Environmental Conservation Law, State Environmental Quatit5' Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code o~ the Town of Southold, notice is hereby given that the Southold Town Board, in conductin9 an uncoordinated review of this unlisted action, has de~ermined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lot Creation and Merger", which amends Chapter 100, (Zoning) of the Code of the Town of Southold. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the plroposal be implemented as planned. //~_Judith T. Terry ~ Southold Town Clerk February 2~. 1995 14-16-4 {2/87)--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be compl~gted by Applicant or Projec{ spc~nsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME TOWN OF SOUTHOLD A Local Law in Relation t.o Lot Creation 3. PROJECT LOCATION: Mar§er Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Entire Town of Southold SEQR 5. IS PROPOSED ACTION: [] New ~--] Expansion 6. DESCRIBE PROJEC'? BRIEFLY: [] Modification/alteration A Local Law amending Chapter li00 (Zoning) of the Code of the Town of Southold. 7. AMOUNT OF LAND AFFECTED: N/A Initially acres Ultimately acres E. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRiCTiONS? [] Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] !ndustrial [] Commercial Describe: ~ [] Agriculture [] Park/Forest/Open ~pace [-3 Other N/A 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FdNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) andipermit/approvals 11. DOES ANY ASPFCT OF THE ACTION HAVE A CURF~ENTLY VALID PERMIT OR APPROVAL? [] Yes [~ No If yes, list agency name and I~ermit/approval Appgcant/sponsor name: Signature: ~' 12. AS A RESULT OF RROPOSED ACTION [] Yes ':~ ~o If the action is in the Coasi Coastal Assessment PERMIT/APPROVAL REQUIRE MODIFICATION? N P VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ervis , Town of Southold Date Feb. 23, al Area, and you are a state agency, complete 'the orm before proceeding with this assessment OVER 1 1995 PART II--ENVIRONMENTAL ~SESSMENT (To be completed by Agencyl A. DOES ACTION EXCEED ANY T~-: ~ THRESHOLD IN 6 NYCRR, PART 617.127 If yes, co~)rdinate the review process and use the FULL EAF. [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, Iii legible) C1. Existing air quagty, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NO 02. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NO C3. Vegetation or fauna, fish, shellfish or wildlife specie~, significant habitats, or threatened or endangered species? Explain briefly: NO C4. A community's existing plans or goals as officially adapted, or a change in use or intensity of use of land or other natural resources? Explain briefly. NO C5. Growth, subsequent developmenl, or related activities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, short term, cumulative, or other effects dot identified in Cl-C57 Explain briefly. NO D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY [] Yes [~[ No if Yes, explain briefly C7. 0 he mpacts ( 3c ud ng changes in use of either q6antity or type of energy)9 Explain briefly. NO ELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART Ill--DETERMINATION OF SIGNIFICANCE (-o be comPleted by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified on~ or more potentially large or significant adverse impacts which MAY occur. Then groceed directly to the FULL. EAF and/or prepare a positive declaration. [] Check this 13ox if you have determinedI based on the information and analysis above and any supporting documentation, that the proposed actior~ WILL NOT result in any significant adverse enviroRmental impacts AND provide ~I~ attachments as necessaty, the reasons supporting this determination: / /$outh Id Town Board ~ / l/ J Name of Lead Agency Thomas W~kham /~(// Print or Pyp.~je of February 23, 1995 2 DRAFT 2/2/95 Local ,Law No. 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation)i is hereby adopted to read as follows: A lot created bv deed or tbwn approval shall be deemed to be legally created if any one of the followinc] standards apply and if the lots have not merc]ed ~ The identical lot was Created by deed recorded in the Suffolk County Clerk's Officelon or before June 30, 1983 and the lot conforms to the folloWinc] minimum lot area requirement(s) when created: fa) Prior to April 9, 1957; any size Between April 9, ~957 and December 1, 1971; 20,000 sq. ft. .(~ Between December 1, 1971 and June 30, 1983; A Residential Zone: ~ M LiRht Mu tipte Residlence M-1 Multiple Residence Zone: C Lic]ht Industrial Zone: C-1 Heavy Industrial Zone: 40,000 sq. ft. 40,000 sq. ft. 80,000 sq. ft. 40,000 sq. ft. 200,000 sq. ft. All lots which were not ec]ta y created pursuant to the above section shall not receive any budd nc] permits. The lot in question was approved by the Southold Town Planninq Board. The lot(s) in question lis/are shown on a map approved by the Southold Town Board[prior to 1983. L The lot(s) in question ~s/are approved and/or recoc]nized by formal action of the Board oflAppeals prior to 1983. C.~ Alii lots shall be subject to the merger provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Mer.qer. Nonconformin¢l Parcels of property shall be mergled if they have at any time been held in common ownership with another parcel which abuts for a common course of 50 feet or more in distance. The zoning bulk schedule requirements for the combined (larqer) area shall ~)plv. Definitions. Common owr~ersh~p shall mean that the parcel is held bv the same person in the same percentage of ownership as an adio n ng percel. Exceptions. Legally-created lots which meet any of the followinq emte- qories shall be exemp[ fo~'m the Merqer provision set forth above and shall not be deemed merged by operation of this law: ~_~ The nonconforming lot has a minimum size of 40,000 square feet~ or The nonconforminq lot obtained a lot size variance from the Zoning Board, or 3_) The nonconforming 10t has been held in single and separate ownership from July 1,983 to date. Proof re Mercier The ToWn may require a person seekinq determin- ation of merqer to provideI any or all of the following documents for evaluation: I 1_) Proof of the date when the lot was created and the size of the lot, together with a copy of a leqal description of the parcel, all to the satisfaction of the Town; 2_) A copy of the current ~ax map and survey of the lot; 3_) A copy of the oriqinal survey of the lot; A title search showin~ single and separate ownership of the prop- ertv from 1983 to the present time, prepared by a Suffolk County title insurance company indemnifyin¢~ the Town of Southold with insurance of $25,000; 5_1 Other additional infon nation or documentation as may be deemed necessary. Area (sq. ft.) 100,000 to 119,000 80,000 to 99,999 40,000 to 79,999 20,000 to 39,999 Lessthan 20,000 Effect of Mercier No buildinq permit or other development entitlement will be issued by the Town until this chapter has been complied with. The Buildin~ Department will issue a written determination whether a property falls within an exemption to the merqer provision. Section 100-244 (Setbacks for Undersized Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for legally created lots which are m~de noncon- fox,ming and have not medcied pursuant to 100-25 or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owood as of the effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or land in the same ownorshlip at tho effective date of this Article and not adjoining any lot or land in the same ownership at any time subse quont to such date may be used, or a building structure may bo omc ted on such lot for use, in iaccordance with all the other applicable provisions of this chapter,i provided that proof of such separate owner ship is submitted in the form of an abstract of title showing the changes of title to said lotl which abstract shall bo in tho usual form, shall be certified by an attpmoy or a company regularly doing such work in Suffolk County or Dy a corporation duly licensed to examine and ensure title to real pr0porty in Suffolk county and shall contain a certification that no contigbous property was owned by an owner of the property involved since th~ date of any previously applicable Zoning L-aw. Such lot shall be grairited relief for front side and rear yard dimen sions as follows required ~o meet the followinq: Yard Lot Front Side Both Sides Rear D~..,~ (ft.) (ft.) (feet) (feet) Coverage V~; ..... ~"'*~' 10% 1 .";% 20% 7~5 3~0 60 8~5 60 3~0 6__0 8~5 6~0 2~0 4~5 7__5 20% 120 148 40 15 35 50 - 35 15 25 35 II. C. In tho case of single and separate owiqersh[p of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of tho Town of Southold and filed with tho County Clerk of Suffolk County, relief for all front, side and roar yard and arco: dimensions shall bo granted to tho extent that such front, side and rear yard and area dimension~ wore required at tho time the map was originally filed with tho County Clerk of Suffolk County. If a cluster map was approved by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County after April 9, 1957 and shows front, side, and rear yard dimensions, those dimensions shall control over the ones set forth above. 3. Section 100-12 (Exceptions) id hereby deleted in its entirety. All of the lots on the following ~ubdivision maps shall be excepted from tho lot arcs and lot width requirorrents of this chapter, and the lot areas and lot widl:hs applicable to said lots shall bo as shown and designated on said eu,.,., ¢~..ion maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Seotion I; Fordham Acres, Section II; Sterling Homos;; Eastern Shores, Section 1; Eastern Shores, Section II; Eastorr~ Shores;, Section II1; Eastern Shores, Section IV; Eastern Shores, Section V; Southotd Shores; Sunny' Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill; Edgemere Park; Willow Terrace; Soundcrost Woods; Gardiners Bay Estates, Section 111; Harvest Homes, Section 1; Bayviow Woods Estates; Willow Point; Harbor Lights Estates, Section I; Torw Waters; Bay Faven; Coroy Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, ~ection I11; Highwood; Nunnakoma Waters; Yonnecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Poconic Homos, SeCtion I; Poconic Homos, Section I1; Peconic Boy Oaks; Laurel Country Estates; Orient by the Sea, Section II; Cleaves Point, Section III. This Local Law shall take effect up,on filing with the Secretary of State. Underline represents additions. , Strikethrough represents deletionsJ