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Home My WebLink AboutLL 2006 #05 * STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, N~'2:fu~1 CHRISTOPHER L. JACOBS SeCRETARY OF STATE GEORGE E. PATAKI GOVERNOR . Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Town of Southold, Local Law 5 & 6, 2006, filed on 4/21/2006 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:cb WWW.DOS.STATE.NY.US . E-MAil: INFO@OOS.STATE.NV.US COUNTY OF SUFFOLK (i STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISlES, AICP DIRECTOR OF PLANNING June 14, 2006 RECEIVED Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 JUN 2 8 2006 SouthaM Town Cferl Applicant: Town of Southold Zoning Action: Amendment; Sections 100-91 & 100-10 I "Use Regulations" Public Hearing Date: 5/23/06 SCPC File No.: SD-06-04 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision oflocal determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP ~~ drew P. Freleng, A Chief Planner APF:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER (631) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. /,&~~..J:I.i.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Green port Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~/~ Signature, Received By Date: 1/I/ot. . I DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 APR 2 1 2006 SQufhol~ Town C1er~ PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. {'~.t(rIClQ~j~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~;~.?<!"_..L Signature, Received By Date: ~q/q~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RECEIVED APR 2 1 2005 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 Sou/holrl Town C1er~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District", Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. arL~~K'th. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~~!v.1s9 J1p;. ok Date: <4/ U16I.R DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. northfor k. net r.~L. j OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 7, 2006 (........n. ~'. . , PLEASE TAKE NOTICE that the Town Board oftlle Town of So 11th old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. 1'1~II!a'Q--'p", Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals 1/I,6c Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK -- ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOMW~~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork.net APR 2 1 2006 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 Soufholrl Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. P&r~~~'I~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals r /_~ PcCf,-" Signature. Receive y .- Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED APR 2 1 2006 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 Southolrl Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. g~ -!44Clr;,,,i~L.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~UJliJ/nt2UL Signature, Received By Date: /f-j{) ~o6 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK c ftt t::U 11 '<10\\ ------------.---------- General Code Publishers 72 Hinchey Road ::';";."' .. ~.:."#.." Rochester, NY 14624 ~ 1:(. ".+~I:[ Phone: 800/836-8834 Fax: 585/3 " ::-~.~ Email: sales@generalcode.com Jj. ...J.:J; 04/21/2006 4!2564~~~; Ms. Elizabeth A Neville: . (j"; 7,)(-,>( '<; ,,') $ 00.249 C),: Ii) l\ MJilf'd FIOII; '.ll-)~'.) US POSTAGE The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): -- ----._----------- ------- Local Law Nos. 5-2006, 6-2006. Town of Southold CIO Clerk's Office PO Box 1179 Southold, NY 11971 i,,,\/i,,!,/'/I(I'II"II"r/l/i,,{ill"llliIIIL!I,,tl1tL\\\\tll LIlII'l 1 ldlllllll 1I1 I III I I I II III I II NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C0~lftt:. Gity Town of .....TillagG SOUTH OLD LOCAL LAW NO. ~ 2006 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: 9100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (I) One-family detached dwellings, subject to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings, subject to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses, row or attached dwellings, subject to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] (If additional space is needed, attach pages the same size as this sheet, and nnmber each.) DOS-239(Rcv.l ] /99) B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (I) Accessory apartments in single-family residences as set forth in and regulated by S 100-31B(13) of the Agricultural-Conservation District. (2) Bed-and-breakfast uses as set forth in and regulated by S 100-31B(l4), without site plan approval.EN (3) Health care facilities. [Added 11-12-1996 by 1.1. No. 20-1996] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ~ of 20 J!L.., of the (C"~nl) )(Cil)')(Town) ('.'illag") of SOUTHOLD was duly passed by the TOWN BOARD on Ml'\<<.e.h d8 , 20~, in accordance with the applicable provisions oflaw. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20 on disapproval) by the in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20_, and was (approved)(not approved)(repassed after disapproval) by the on 20. Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and tinal adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. (County)(City)(Town)(Village) of 20_ of the of was duly passed by the on 20, and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , in accordance with the applicable provisions oflaw. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certifY that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certifY that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other anthorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. ~Q.~ Clerk of the County legislative body. City. Town or Village Clerk cr of1icer designated by local1egislative body Elizabeth A. Neville, Town Clerk (Seal) Date: April 7. 2006 (Certification to be execnted by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing localla have been had or taken for the enactment of the local law a Si Patricia A. Finne Title Count) Gity Town of '(,Tillage SOUTH OLD Date: April 7, 2006 4 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou thold town .northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 18, 2006 Certified Mail New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 5 & 6 of 2006 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 5 & 6 of2006 ofthe Town of Southold suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou thold town .northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 18, 2006 Shirley Flint Code Supplement General Code Publishers Corp. 72 Hinchey Road Rochester, NY 14624 Re: Town of South old Code Local Law Number 5 & 6 of 2006 Dear Ms. Flint: Transmitted herewith please find the Local Law Number 5 & 6 of2006. Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate ofthis letter and return to me at your earliest convenience. Thank you. ar-~~..J:'U.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Pfl~ Signature, Received By Date: '-('7-0(", '\ DUPLICATE TO BE SIGNED AND RETURNED TO , . SOUTHOLD TOWN CLERK ; ~I'q . \ j \~~_. . j ~.~..,...,.' ~'," ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. E'1((~~~.IA. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Sout Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: 11/'1 /'2t!xDrp I I Si DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net APR - 7 . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate ofthis letter and return to me at your earliest convenience. Thank you. J"1t;a4.f;fQQI'~f.l... Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals /N"~~ Signature, Receive y Date: {)~ft7~0 / / DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfor k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ~~-/tI~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ea..u..t D (') --dJhnd~' Signat re, Received By Date: '1/'" / Oh DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 7, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. arl.qQQ~~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Green port Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals c1J/JYt/~ - 2/J/:; /iPdr2 Signature:-k~ceived By)' f Date: <fh /D!.; DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK #7823 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Burqon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 6th day of April , 2006 Sworn to before me this 2006 Lt day of -.D {nlJ C)/YHf):OIYuL UOl/~ ~ J CHRISTINA VOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Qualified In Suffolk County Commission Expires February 28. 2008 I LEGAL NonCE Notice of Adoptioa No_ .. IIenIIy ..- the Town Board of the Town of Southold re- viewed the Local Law entitled "A...l&. calI.aw in Relation to Amendments to Uses Within the Hamlet Densitv Resi- dential District" on March 14,2006 and determined to hold an additional public hearing on said proposed local law; and Notice is hereby further given a pub- lic hearing was held on the aforesaid Lo- cal Law at which time all persons were given the opportunity to be heard; Notice is hereby further liven that the Town Board of the Town of South- old hereby ENAcrs the Local Law entitled, "A '.nral Law in rel.lion to A._Blimp-au to lJses Within the Ham- let Den8itv Residential District" to read as follows: LOCAL LAW No.i 2006 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENAcrED by the Town Board of the Town of Southold as fol- lows: I. Purpose - 'This amendment is in- tended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to sub- ject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan re- quirements that govern the design, ar- rangement and community integration of such parcels, in addition to lot yield, environmental and affordable hous- ing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to resi- dential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan ap- proval process. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: ~ 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings. subiect to residential site olan aonroval for more than one such structure ner mt. (2) 1\vo-family dwellings. subiect to residential site Dlan annroval for more than one such structure ner lot. (3) Multinle dwel1in~ townhouses. row or attached dwel1inr!'S subiect to residential site nlan annrovaL (4) Continuing care facility and life care community. (Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special excep- tion by the Board of Appeals. The fol- lowing uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Mtllt:plc d..~H:in.5"" t........h6WeJ, ~~.. 3. ...ttd.,;;l~~.:l h~..~;:'J. ill Accessory apartments in single- family residences as set forth in and regulated by ~ l00-31B(13) of the Agri- cultural-Conservation District. ro Bed-and-breakfast uses as set forth in and regulated by ~ loo-31B(14), without site plan approval.EN ill Health care facilities. [Added 11- 12-1996 by L.L. No. 20-1996] 111. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not. affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with th~ Secretary of State as provided by law. Dated: March 28, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 7823-lT 4/6 ELIZABETH NEVILLE TOWN CLERK . Town Hall, 53095 Main Road PO Box 1179 Southo1d, NY 11971 Fax (631)765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net < . REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RESOLUTION # 2006-313 Resolution In: 1697 Meeting: Department: Category: 03/28/06 04:30 PM Town Clerk Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-313 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 28, 2006: WHEREAS the Town Board of the Town of South old has conducted an uncoordinated SEQRA review ofthe proposed amendment to Chapter 100, Section 100-42 regarding the uses in the Hamlet Density district; and WHEREAS the Town Board of the Town of Southold designated itself Lead Agency and adopted a Negative Declaration on September 27,2005, and determined that the adoption of this proposed Local Law would not have a significant adverse effect on the environment; and WHEREAS the Town Board has reviewed the Negative Declaration and determined that no circumstances or conditions have materially changed the findings adopted on September 27, 2005, and thereby reaffirms the Negative Declaration previously adopted; and WHEREAS a public hearing was held on this Local Law on September 27,2005 and no formal action was taken; and WHEREAS the Town Board of the Town of South old reviewed the Local Law entitled "A Local Law in Relation to Amendments to Uses Within the Hamlet Densitv Residential District" on March 14,2006 and determined to hold an additional public hearing on said proposed local law; and WHEREAS a public hearing was held on the aforesaid Local Law at the Southold Town Hall, Southold, NY, on the 28th day of March, 2006 at 5:05 p.m. at which time all persons were given the opportunity to be heard; and now therefor be it , . . , RESOLVED that the Town Board ofthe Town of Southold hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" to read as follows: LOCAL LAW NO. --L 2006 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" . BE IT ENACTED by the Town Board ofthe Town of Southold as follows: 1. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 ofthe Code of the Town of Southold is hereby amended as follows: 9 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (I) One-family detached dwellings. subiect to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings. subiect to residential site plan approval for more than one such structure per Jot. (3) Multiple dwellings. townhouses. row or attached dwellings. subiect to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: Page 2 . . (1) Mllltiple dwelliags, towMollses, row or attaehed hOllses. ill Accessory apartments in single-family residences as set forth in and regulated by g 100-3IB(13) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by g 100-3IB(14), without site plan approval.EN ill Health carefacilities. [Added 11-12-1996 by L.L. No. 20-1996] 11I. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity ofthis law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. t:,,~uqClQ-/tL. Elizabeth A. Neville South old Towu Clerk Page 3 . Legal Notice . Notice of Adoption Notice is hereby given the Town Board of the Town of South old reviewed the Local Law entitled "A Local Law in Relation to Amendments to Uses Within the Hamlet Densitv Residential District" on March 14, 2006 and determined to hold an additional public hearing on said proposed local law; and Notice is hereby further given a public hearing was held on the aforesaid Local Law at which time all persons were given the opportunity to be heard; Notice is hereby further given that the Town Board ofthe Town of Southold hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" to read as follows: LOCAL LAW NO. ~ 2006 A Local Law entitled, "A Local Law in relation to Am~ndments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: 9 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. permitte.ses. . (1) One-family detached dwellings. subiect to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings. subiect to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings. townhouses. row or attached dwellings. subiect to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Mliltiple dwellings, tOWnROliG8S, row or attaehed flolises. ill Accessory apartments in single-family residences as set forth in and regulated by 9 I 00-31B(13) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by 9 100-3IB(14), without site plan approval.EN ill Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 28, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 6, 2006, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Planning Board Zoning Board of Appeals Town Board Members Town Clerk's Bulletin Board Building Department . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the ~ day of -D}~ , 2006, 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 South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New Yark. Enact "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". ~MfO?JuM lizabeth A. Ne ille Southold Town Clerk Sworn before me this Jl ~ day of YY\eu-. ,2006. ~ l1A ~~O Notary Public LYNDA M. BOHN NOTARY PUBLIC. State of New York No. 01 B06020932 Qualified in Suffolk Count;' Term Expires March 8, 20 tfl . . COUNTY OF SUFFOLK ~~ " ~. RECEIVeD AP,Q, 5 2006 STEVE LEVY SUFFOLK COUNTY EXECUTIVE SOUfr'v;rJ Tvn 'I ,', ~, ~: .... e'~, DEPARTMENT OF PLANNING THOMAS ISLES. AICP DIRECTOR Of PLANNING April 3, 2006 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Town of Southold Zoning Action: Amendment to Section 100-42 "Use Regulations, HD District" Public Hearing Date: 3/28/06 SCPC File No.: SD-06-01 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision oflocal determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP n;rect"of'~ ~~le'AI Chief Planner ."~-=? /_..,- APF:cc LOCATION H. LEE DENNISON BLDG. - 4TH fLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . 1631) 853-5190 TELECOPIER 1631) 853-4044 . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . Rf"rt~iVED S. c. lfbGJ~~iI; !J;~ Jain Road Zi)Ub 1\~8uad;d~~~9~ 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17,2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. pP~"'4q(].~~tfL.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: j/JD/o~ , DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold wili hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. arlffCl-q,~h. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~:~--< Date: f{o~? Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork. net Rr:CEIV~D OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17, 2006 ,.,"- " t.l, -' ,1 ^ .J SO~[;'(," 1 T\. --~ (.~erk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the afo:'esaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ~~aQerrl'V~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~/~~) Signature, Received By Date: Os f~ fota ! / DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box II 79 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown .northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. a;-.f~~r;I" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town ofSoutharnpton Southold Town Trustees Southold Town Board of Appeals Si_~Y lb~ Date: 3~ lor::, I I DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD March 17,2006 r-~ nw'1\V It!.~ . il ~ l, '" ~.'1'i_,~11 1\ I Q<T-'''--''- . I' n, I ~ I! i ' ~ '.! ,. U i., MAR 2 0 2005 1:1) , I L, - ''''-:'-C:C-~:C:'''''o''~ bCl,l;,xD Or A~;.;.. ),;(':\,J 1GWN OF Sui.HHOLD PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District", Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. P~~~pflk. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~/~. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK -.. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net MAR i 7 , OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD March 17,2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. P!~~Q-_('IL.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals , ~. Signature, Rece ved By ~ Date: ~~...<: ~I .ao.. ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD March 17, 2006 R:::Cr.PJ:::~ s~:<' :c: Tr. -:! :_>::rk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. arlr#2'Q.d/~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals J ~v/q, Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 00 :lI d OZ UVH 100l S3:JIA1I3S 3AW1111SINIHOV ll'dHlIdO-SAIf . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17,2006 PLEASE TAKE NOTICE that the Town Boanl of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ptr~PI2'QwtJ.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~P.~ Signature, Received y Date: I ". '.. -0- j-"-',-I / .. Li..;UJ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. GiJ _L .Cl."Q":JJ,. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village 0 f Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals 'jj;zII~ Signature, Received By Date: 3-dt-()~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK , . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 11 79 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17,2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. arl~r;.N'tL. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town ofSoutharnpton Southold Town Trustees Southold Town Board of Appeals ~).~on ~rvi.11{" Sigfia ure, ReceIved By Date: ,3/;;0/0(., . DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK , . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17,2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law on March 28, 2006, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. a~J~a2;k~~' Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By LEGAL NOTICE NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of March, 2006 a Local Law entitled "A '......11..............._. .......... to 11l1e!il Within the II....... n....ffV. R"";d.ontdl District" AND NOTICE IS HEREIlY l'llIl:I'liEll GIVEN that the Town Bo8rd of the, Town of Soutbold will bold ~ V""- lIe&rinll' on the Bforesaid. ..-.1 ,.... at the ~nfIanId Towa 1hIL;,c~ MaiII Ro....~........... NewYorIL0. tIIe,2IIth .y or Mucla.. 2006 at S:05..... at which time an interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A. 1......11.nr i...LifInII to ._-.lmp-Dis to 1J5e.!i WiddII "e "....... Den~ RP.fridentilll Distrid" reads as follows: WCAL LAW NO. _Z006 A Local Law entitled, "A ~ Law in-relation to Amendments to Uses Within the Handel Density Reside'ntial District", BE IT ENACI'ED by the Town Board of the Town of Southold as fol. lows: 1: Purpose - This amendment is in- tended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to sub- ject those uses to the recently enaeted residential site plan approval process. 1bis amendment is also intended to avoid the result of parcels in this distpct undergoing subdivision, without being subject to the residential site plan re- quirements that govern the design, ar- IlUlFment and community integration of such parcels, in addition to lot yield, environmental and affordable hous- ing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to resi- dential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan ap- proval process. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: ~ 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intend~ or designed to be used, in whole or in part, for any use except the following:- A. Permitted uses. (1) One-family detached dwellings, subiect to residential site olan aooroval for more than 'one such structure ner lot. . (2) TWo-family dwellings, suhiect to residential site plan approval for more than one slIch stmcture ner lot. (3) Multifile dwellin~ townhouses row or aturehed dwellinl!'s. subject to residential site Dlan annroval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by spei:ial excop- tiooby the Boar4 of Appeal$. The fol- lowing uses are permitted as a special exception' by the Board of AppealS. as hereinafter provided, and subject to site plan appt9V8i by the PlAnniq.BolUli: (l)1ddlt:l(I- d.....~ ~,,~(,__... ~d.. ....~ M"fllched MtlllU" . (ll Accessory apartments inJin,gle- family residences as set forth in and regulated by 1100-31B(13) of the Agri- cultural-Conservation District. (2). Bed-and-breakfast uses as set forth in and regulated by f 100-31B(14), withoul site plan approval.EN. ill Health care facilities. [Added 11- 12-1996 by LLNo,20-1996] fIf. SEVERABILITY If any clause, sentence, paragrapb, section.. or part, of this Local Law shall be adjudged by any court of competent jurisdiction-to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- t4:>naI or invalid. IY. EFFECTIVE DATE , 11iis LocaI- Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: _14,2006 BY ORDER OFTHE TOWN BOARD OF THE TOWN OF SOUTIlOW Elizabeth Neville Town Clerk n~16 r ! #7791 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Burqon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 16th day of March , 2006 /~ }/) P' cipal Clerk \ Sworn to before me this 2006 day of J{Uf/\-- ~11l LOhUL UJl1lD ~1 -:~R~T1NA VOLlNSKI /)i .,'-'.",Y PUBLIC-STATE OF NEW YORK No.Ol-V06105050 ,':uclified in SuffOlk County c,n",',.>sion Expires February 28. 2QD! I Li... . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17,2006 Thomas Isles, Director of Planning Suffolk County Department ofP1arming Post Office Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting held on March 14, 2006 adopted resolution number 2006-285 regarding proposed Local Law to amend uses within the Hamlet Density Residential District.. A certified copy of this resolution is attached. Please prepare an official report defining your department's recommendations with regard to this proposed law and forward same to me at your earliest convenience. This proposed local law has also been sent to the Southo1d Town Planning Board for their review. The date of the public hearing is March 28, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~~ Elizabeth A. Neville Southold Town Clerk Enclosures Town Attorney Southold Town Plarming Board . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 14,2005 Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on March 14, 2006 adopted resolution number 2006-285 regarding proposed Local Law to amend uses within the Hamlet Density Residential District.. A certified copy of this resolution is attached. A certified copy of this resolution is attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. This proposed local laws have also been sent to the Suffolk County Planning Department for their review. The public hearing is scheduled for March 28, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, r6!gA;'dn/~~ ;i;;~~'~eville Southold Town Clerk Enclosure cc: Town Attorney . . TL PATRICIAA. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us SCOTT A. RUSSELL Supervisor KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori. montefusco@town.southold.oy.us Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Members of the Town Board From: Patricia A. Finnegan, Esq., Town Attorney Date: March 13, 2006 Subject: HD Law The proposed Local Law entitled "A Local Law in relation to Amendments to Uses within the Hamlet Density District" was proposed by the Planning Department and considered by the Town Board last year. A public hearing was held on the proposed law on September 27,2005. The purpose of the proposed Amendment is to expand the variety of housing types permitted in the HD District, and to allow them as permitted uses rather than requiring special exceptions. In anticipation of the change, the Town Board adopted standards for residential site plans earlier in 2005. The proposal would do the following in the HD Zoninq District: · allow more than one single-family detached dwelling on a parcel, subject to residential site plan approval. . allow more than one two-family dwelling on a parcel, also subject to residential site plan approval. Currently the Code only allows ONE single- family or two-family dwelling per lot. · allow multiple dwellings, townhouses, row or attached dwellings, subject to residential site plan approval. This was previously allowed, but only after special exception was granted by the ZBA. The Amendment would allow it as a permitted use. The Amendment does not increase the allowable density or yield on the parcel, rather it allows more than one dwelling on a parcel without the . . requirement of subdivision. I am attaching a copy of the Planning Board's comments on the proposal for your information. If the Board is inclined to move forward with this Amendment, I would recommend that a new hearing be scheduled before the Town Board. PAF/lk Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) 2 . . LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town,Bouthold.ny.us JOSHUA Y. HORTON Supervisor PATRICIAA. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.Bouthold.ny.uB KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town,southold.ny.us Town Han Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (63ll 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Joshua Y. Horton, Supervisor Members of the Town Board From: Jerilyn Woodhouse, Planning Board Chair Members of the Planning Board Date: September 20, 2005 Re: Planning Bond Recommendations regarding "A Loeal Law in relation to Amendments to Uses within the Hamlet Density Residential District." As requested, the Planning Board has reviewed the proposed amendments to Chapter 100-42 of the Town Code. The proposed changes to this section of the Code are intended to permit a variety of housing types within the HD Zoning District. Specifically, these changes will: I. eliminate the need to obtain special exception for multiple dwellings, townhouses, rowand/or attached dwellings; and 2. permit, as of right, multiple detached single-family residences, two-family dwellings and multiple dwellings, townhouses, rowand/or attached dwellings, subject to residential site plan approval. The Planning Board finds that the above-referenced changes .are consistent with the general purpose of the Hamlet Density Zoning District to allow for higher density residential development and therefore supports the proposed amendments. In addition, the proposed amendments will facilitate a more consistent and logical review process for all high-density developments proposed in the Town. It is understood that these code changes do not permit an overall increase in parcel yield, which will continue to be based on the requirements of Chapter AI06-IIB of the Town Code. . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 14th day of March, 2006 a Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearin!! on the aforesaid Local Law at the South old Town Hall, 53095 Main Road, South old, New York, on the 28th day of March, 2006 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of South old as follows: 1. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: 9 100-42. Use regulations. . . In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (I) One-family detached dwellings. subiect to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings. subiect to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings. townhouses. row or attached dwellings. subiect to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by 1.1. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (I) MaltiJlle dwellings, townfloases, row or attacHed HOlises. ill Accessory apartments in single-family residences as set forth in and regulated by S 100-31B(13) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by S 100-31B(14), without site plan approval. EN ill Health care facilities. [Added 11-12-1996 by 1.1. No. 20-1996] Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 14,2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk . . PLEASE PUBLISH ON MARCH 16,2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Planning Board Zoning Board of Appeals Town Board Members Town Clerk's Bulletin Board Building Department . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the -I (. "flo-( day of tv\ i'\-~ I-<.. ,2006, 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, 53095 Main Road, Southold, New York. Public Hearing: March 28, 2006 at 5:05 pm D~~(}~u;/~ izabeth A. Nevil e Southold Town Clerk Sworn before me this ~ day of \\\\.\ IlL\-{ ,2006. ~it...o- \[\\ f*- tary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01806020932 '!iOualified In Suffolk County_ erm Expires March 8, 20.a::;. - ELIZABETH NEVILLE TOWN CLERK . REGISTRAR OF VITAL ST A nSTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA nON OFFICER erown Hall, 53095 Main Road PO Box I 179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2006-285 Resolution ID: 1677 Meeting: Department: Category: 03/14/0607:30 PM Town Attorney Local Law Public Hearing THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-285 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON MARCH 14,2006: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 14th day of March, 2006 a Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" now therefor be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearinl! on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 28th dav of March, 2006 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. . . . . II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: S 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings, subiect to residential site plan approval for more than one such structure per lot. (2) Two- family dwellings, subiect to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses, row or attached dwellings, subiect to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple d'l/ellings, tClWnRClUSeS, row or attaehed houses. ill Accessory apartments in single-family residences as set forth in and regulated by S 100-31 B(13) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by S 100-3IB(14), without site plan approval.EN ill Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. at~Cl.r;erHfL.. Elizabeth A. Neville Southold Town Clerk Page 2 . . PUBLIC HEARING September 27, 2005 8:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO USES WITHIN THE HAMLET DENSITY RESIDENTIAL DISTRICT" COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 30th day of August, 2005 a Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" AND NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearin!! on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of September, 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of South old as follows: 1. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter] 00 of the Code of the Town of South old is hereby amended as follows: S ]00-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (I) One-family detached dwellings, subiect to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings. subiect to residential site plan approval for more than one such structure per lot. . . (3) Multiple dwellings, townhouses, row or attached dwellings, subiect to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple dwellings, townhoHses, row or attached hOHses. ill Accessory apartments in single-family residences as set forth in and regulated by S 100-31B(l3) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by S 100-3 lB(l 4), without site plan approval.EN ill Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN WICKHAM: From time to time the Board, this Board, has been requested by members of the public to explain legislation up for public hearing. The Board discussed this piece of legislation this morning and wishes to begin this public hearing with a synopsis of the background and purpose of this law. A long standing principal of zoning in the Town of Southold has been to limit to one detached house, suitable for residential occupancy per each lot or tax map parcel. That principal was retained in the new subdivision code which was adopted last year, which also promotes conservation subdivisions, affordable housing and other things. While a great majority of new houses in this town are built on subdivided, individual lots and also on single and separate lots that don't need subdivision, there is another category of development that can also lead to new home construction. This is residential site plans. Examples of which are Peconic Landing and Founders Village here in Southold, in which all of the land is still held by the original owner and those people who buy homes own only their home and not the land. Unlike subdivisions, which are developed largely by the families that buy the lots, residential site projects are planned as a community and the Planning Board has considerable say into the lay-out, housing type and so on. At the request of the Planning Board, the Town early this year revised the rules for residential site plans to bring them into consistency with the new subdivision code. In doing so, we imported the subdivision principal of allowing only one detached dwelling per parcel. But this language makes it impossible to approve more than one detached or individual house on such parcels, even though in some cases they exceed 20 or 30 acres. The Planning Board pointed this out, that this is not in the Town's interests, they would like to be able to plan and approve residential site plans that incorporate a mix of attached house types, both multiple and individual house types. The Planning Board also noted that if this change is not made, applicants planning to develop HD properties are likely to pursue subdivisions . . rather than residential site plans and in doing so, the Planning Board will lose an opportunity to control the layout and the configuration of those developments. The proposed legislation, therefore, revises the residential site plan portion of the code so that applicants can plan for more than one separate, free standing home on such parcels. In addition, it provides for as-of-right approvals for multiple dwellings, townhouses and row houses without requiring Zoning Board special exceptions as called for now. There are no other changes proposed in this law. The legislation does not affect the number of houses that an applicant may seek on a given parcel. That is governed by the standards of the Hamlet Density Zoning District, which is currently four units per acre, both for subdivisions and for residential site plans. Nor does it preclude building some homes as attached dwelling units, multiple dwelling units and in all cases, residential site plan applications are reviewed by the Planning Board and the Architectural Review Committee who retain authority on the layout of the project and the design of the houses. SUPERVISOR HORTON: Thank you, Councilman Wickham. COUNCILMAN WICKHAM: I would like to just read very briefly the purpose of this law as written into the legislation itself. This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision without being subject to the residential site plan requirements that govern design, arrangement and community integration of such parcels in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district. It would permit more than one two-family dwellings per lot and multiple dwellings, town house, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed and lot yield in accordance to their width would be calculated in the residential site plan approval process. And there follows several technical, just a handful of changes in the language that give effect to what has just been read. I have before me statements that this has been published and posted on the Town Clerk's bulletin board outside. It has appeared as a legal in the local newspaper and I have several public comments on it. One is from Jerilyn Woodhouse, the Planning Board Chair dated September 20th "As requested, the Planning Board has reviewed the proposed amendments to Chapter 100. The proposed changes to this section of the code are intended to permit a variety of housing types within the HD zoning district. Specifically, these changes will 1.) Eliminate the need to obtain special exception for multiple dwellings, townhouses, rows and attached dwellings and 2.) To permit as-of-right multiple detached single family residences, two-family dwellings and multiple dwellings, townhouses, rows or attached dwellings subject to site plan approval. The Planning Board finds that the above referenced changes are consistent with the general purpose of the hamlet density zoning district to allow for higher density residential development and we therefore support the proposed amendments. In addition, the proposed amendments will facilitate a more consistent and logical review process for all high density developments proposed in the Town. It is understood that these code changes do not permit an overall increase in . . parcel yield which will continue to be based on the requirements of Chapter AI06 lIB of the code." I also have a comment here from Mark Terry, the Senior Environmental Planner and the L WRP Coordinator. "The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review. Based upon the information provided on the LWRP consistency assessment form submitted to this department, as well as records available to me, it is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP." I don't believe there are any further communications on this local law. SUPERVISOR HORTON: Thank you, Councilman Wickham. The floor is open to the public that care to address the Board on this speci fie hearing. Yes. FREDDIE W ACHSBERGER: Freddie Wachsberger, Orient. Just for clarification, this would not affect, say somebody tore down a couple of buildings in the hamlet and wanted to put up attached housing? SUPERVISOR HORTON: No. MS. W ACHSBERGER: This is only for a.... SUPERVISOR HORTON: For a specifically zoned... MS. W ACHSBERGER: .. . for a specific, large scale development? SUPERVISOR HORTON: Actually, it is specific to not even any particular development, there are throughout town in Greenport, Cutchogue, actually I believe Greenport and Cutchogue, maybe a little bit in Southold, actually, no, Greenport and Cutchogue are the only remaining hamlet density zoned parcels. This would only apply to parcels that are zoned hamlet density. MS. W ACHSBERGER: I am just thinking of Orient, which I think is hamlet density within the village. SUPERVISOR HORTON: No, there is no... COUNCILMAN WICKHAM: Hamlet business. SUPERVISOR HORTON: Hamlet business. MS. W ACHSBERGER: But not hamlet density? SUPERVISOR HORTON: Not hamlet density. MS. WACHS BERGER: So, I see. So this will only be.... SUPERVISOR HORTON: This wouldn't apply to this. . . MS. W ACHSBERGER: .. ..under your new attempts at affordable housing in the halo zones when you will zone hamlet density? SUPERVISOR HORTON: Actually this wouldn't even, this would only apply to a parcel that has the HD zoning application... MS. W ACHSBERGER: Now. SUPERVISOR HORTON: ..now. Or if, you know, if a property was rezoned to HD, this standard would apply to that property. MS. W ACHSBERGER: Okay. Thanks. SUPERVISOR HORTON: Other comments from the floor on this hearing? Yes, Mr. Huntington. RAY HUNTINGTON: Ray Huntington, Cutchogue. I would like to thank and congratulate the Board on I hope, the policy of explaining some of the things that come to hearing because it is a real good idea. Appreciate it very much. The instant proposition here looks like it gives the Town more flexibility in designing to the zoning that we have in place and I think that is a good thing. So we should do this. I also would like to comment, although it is not directly related to the proposition before us, to the local law before us that we still retain a severe concern about planning of residential density. This doesn't help or hinder but it maybe even could help the how of it. The numbers are going to count, though. Thanks very much. SUPERVISOR HORTON: Thank you, Mr. Huntington. Would anyone else care to address the Board on this hearing? Yes, Mr. Conway. J. L. CONWAY: J. L. Conway, I live in Southold. I am a little bit confused with this. On a hypothetical case, what is the maximum amount of units you could have on, say, a ten acre piece? SUPERVISOR HORTON: If the parcel is zoned hamlet density... MR. CONWAY: Mmmhmm. SUPERVISOR HORTON: ...and I am trying, there is a parcel in Cutchogue that is zoned hamlet density, there is a parcel in Greenport that is zoned hamlet density, which is actually the subject of the annexation discussion that is currently under way, the piece that is owned by the Kontokosta family. This would apply only to those properties that were zoned under this district. Taking the 10 acre example. If there were a 10 acre parcel zoned hamlet density before you, without yield, before you took out for roads, before you took out for any environmental constraints that may be on the property, if that was all a wash, you are allowed, the zoning allows four units to the acre. That, so the . . rough calculation would be 40 but that is before you take out for any infrastructure or environmental constraints that may be there. MR. CONWAY: Okay. SUPERVISOR HORTON: May exist on the property. MR. CONWAY: Okay and some of the other parcels that are not zoned now, you have the power in the future to change the zoning so it could be other areas that have the same zoning? SUPERVISOR HORTON: That power has existed with the Town Board and will continue to exist with the Town Board but this doesn't, the legislation that is on for this hearing, that is the subject of this hearing tonight doesn't aflect density at all. MR. CONWAY: Because my biggest fear with the density is that we lose our rural character and my other fear is that with density you are going to put too many people in to our schools which are overburdened already and I can't foresee these places paying the school taxes to support it and it is the people that you say you are trying to keep in the town, you may ultimately drive out. Thank you. SUPERVISOR HORTON: Thank you. Well, this doesn't affect any, any, this doesn't affect density at all one way or the other. And in fact, the HD zoning category now has an inc1usionary zoning requirement which provides that at least 25 percent of any hamlet density development, 25 percent be available for local and affordable guidelines for local people who live and work in the Town of South old. MR. CONWAY: And all this will be publicized and we can come back and comment if anything is coming on this issue? SUPERVISOR HORTON: Absolutely. If and when that moves. MR. CONWAY: Thank you. SUPERVISOR HORTON: Thank you, sir. Would anybody else care to address the Board on this hearing? Mr. Sanders. CHARLES SANDERS: Charles Sanders, Greenport. The only thing that I worry about it the possibility of the rezone. If you have R-80 or an R-20 section and then you change it to high density, then you have the ability to go from single homes to townhouse and that changes the entire aesthetic of a community. SUPERVISOR HORTON: Right. But that concern, and that is a valid concern, that concern is not reflected at all in this, in the body of this legislation. The concern you raise is one that has been an age old concern within the town, where you have, let's say, an R-80 piece of property and there is an application, a change of zone application is . . what you are talking about, a change of zone application to change the zone on this piece of property from two acres zoning to let's say, hamlet density or some other zoning category of the town. That is, there is a process in place for that. That is not being affected in any way this evening by this legislation. So, the only way a piece of property that is say, two acre zoned could get the hamlet density zoning is to actually apply for a change of zone; go through the public hearing process and actually have the legislative body vote on that. The Town is, that is not being addressed in this at all. MR. SANDERS: I guess what I am doing, I am cutting to the chase to it. I am cutting to the chase in some respects because if you look at, if this were to be passed, then one could change R-80 or R-20 to hamlet density... SUPERVISOR HORTON: One could already right now. Whether this passes or not. MR. SANDERS: I agree but the aesthetic, the way things would look, you wouldn't have townhouses in those hamlet density areas... SUPERVISOR HORTON: Oh, absolutely. You could. MR. SANDERS: Oh, okay. SUPERVISOR HORTON: Absolutely. Regardless. MR. SANDERS: That is where I was just a little bit, I didn't understand. SUPERVISOR HORTON: Gotcha. MR. SANDERS: Okay, thanks. SUPERVISOR HORTON: Thank you, Mr. Sanders. Would anybody else care to address the Board on this hearing? (No response) We will close this hearing. * * * * * ~o rlu'<"f~ Elizabeth A. Neville Southold Town Clerk SUPERVISOR HORTON: In regard to the preceding hearing, we actually are going to leave this hearing open for 30 days. The Town Board and the Planning Board have some research and we will probably work with the Assessors Department. We have some research we want to do regarding some other implications pertaining to that zoning district. So we actually are going to leave that, the hearing is not closed. T want to say that for the record. Weare going to leave the hearing open for 30 days from tonight to . . afford additional written comment, which should go to the Town Clerk's office and also for the Town Board to conduct further research. So this hearing is still open. . RECEIVED c;~p 3 0 ?n,05 v'- L-,.L) South old Town Clerk STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING September 27,2005 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Town of South old Zoning Action: Amendment to Section 100-42 "Uses Within Hamlet Density Residential District" Public Hearing Date: 9/27/05 SCPC File No.: SD-05-08 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 ofthe Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, APF:cc G:\CCHORNY\ZONING\ZONING\WORKINGIlD2005\APRISHOS-9.APR LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631) 853-5190 TELECOPIER (631) 853-4044 WILLIAM .1. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON . ?~. Cf.al-OS MAILING ADDRESs5:~ P.O. Box 1179 Southold, NY 11971 . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM SEP 2 0 2005 To: Joshua Y. Horton, Supervisor Members of the Town Board Southold Town Clerk From: Jerilyn Woodhouse, Planning Board Chair Members of the Planning Board Date: September 20, 2005 Re: Planning Board Recommendations regarding "A Local Law in relation to Amendments to Uses within the Hamlet Density Residential District." As requested, the Planning Board has reviewed the proposed amendments to Chapter 100-42 of the Town Code. The proposed changes to this section of the Code are intended to permit a variety of housing types within the HD Zoning District. Specifically, these changes will: I. eliminate the need to obtain special exception for multiple dwellings, townhouses, rowand/or attached dwellings; and 2. permit, as of right, multiple detached single-family residences, two-family dwellings and multiple dwellings, townhouses, rowand/or attached dwellings, subject to residential site plan approval. The Planning Board finds that the above-referenced changes are consistent with the general purpose of the Hamlet Density Zoning District to allow for higher density residential development and therefore supports the proposed amendments. In addition, the proposed amendments will facilitate a more consistent and logical review process for all high-density developments proposed in the Town. It is understood that these code changes do not permit an overall increase in parcel yield, which will continue to be based on the requirements of Chapter A106-IIB ofthe Town Code. WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON 7);-: I PI! ?'OO;;1/1 9/ ./. t) I:i:" . MAI~NG ADDRESS: '/ ~"fOY P.O. Box 1179 Southold, NY 11971 . PLANNING BOARD MEMBERS ,jERILYN B. WOODHOUSE Chair OFFICE WCATlON: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED To: Town of Southold Town Board Kieran Corcoran, Assistant Town Attorney SEP 2 6 2005 From: Mark Terry, Senior Environmental Planner L WRP Coordinator Soulhold Town Clerk Date: September 23, 2005 Re: A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. REGISTRAR OF VITAL ST A nSTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA nON OFFICER .. ~/ fown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net ELIZABETH NEVILLE TOWN CLERK . RESOLUTION # 2005-554 Resolution ill: 1130 Meeting: Department: Category: 09/13/0504:30 PM Town Attorney Legislation THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-554 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 13,2005: RESOLVED that the Town Board ofthe Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Clearv Consultin!! to conduct a review pursuant to the State Environmental Qualitv Review Act (SEQRA) of the proposed Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" in accordance with their proposal dated September 12, 2005, at a cost not to exceed $750.00, subject to the approval of the Town Attorney. aa.4If#2r;,,,..1;... Elizabeth A. Neville Southold Town Clerk r- LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBl GIVEN, there has been present- ed to the Town Board of the Town of Southold, Suffolk County, N ew York, on the 30 Ii day of August, 2005 a Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" AND NOTICE IS HERBY FUR- THER GIVEN that the Town Board of the Town of Southold will hold a lublic hearin!: on the aforesai Local Law at the Southold Town Hall. 53095 Main Road. Sout&old. New York. on the 27--'! day of September. 2005 at 8:00 n.m. at which time all interested per- sons will be given an opportuni- ty to be heard. The proposed Local Law enti- tled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - This amend- ment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoin~ subdivision, without being subject to the res- idential site plan requirements that govern the design, arrange- ment and community integratton of such parcels, in addition to lot yield, environmental and afford- able housing considerations. The amendment would thus per- mit the use of more than ODC sin- gle family dwelling on a lot in this district; morc than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: ~. 100-42. Use regulations. In the HD District, no building or r.remises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (I) One-family detached dwellings subiect to residential site "Ian an.proval for more than one such structure per lot. 2) Two-family dwellingli. . t 0 residential site Ian lij!proval for more than one such ~ (3) Multinle dwellinl!s town- houses. row or attached dwellinlls. subiect to residential site plan approval. (4) Contmuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and sub- ject to site plan approval by the Planning Board: ,,~~.;,~~1:r =5~:~:' ill Accessory apartments in single-family residences as set forth in and regulated by ~ 100- 31B(13) of the Agricultural- Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by ~ 100-3IB(l4), without site plan app-roval.EN ill Health care facilities. rAdded 11-12-1996 by L.L. No. 20-1996] SEVERABILITY If any clause, sentence, para- graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdic- COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for.....1.. ...week(s) successively, cOmmenCil}g7jn he......?:'......day of ..........~. :j!ff-:1.. . (.~ .)~}005; / / Ifj/ Wu1/tA'MfL y S~ to before me this.........day of . .~ff:<-J!I.b.t:.f!:-::, 2005. ~Z--, / L--~/ / ~ ~ ~ -- __,,-:C~?:-<.? f.... .-::>.... .7. .. .?J(.~(../. Notary Public Emily Hamill NOTARY PUBLIC. State of New York No.OIHA5059984 Qualified in Suffolk County Commission expires May 06, 2006 . lIunoay, September 8, 2005 tion to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitul1onal or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing With the Secretary of State as provided by law. Dated: July 12, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk IX 9/8/05 (076) . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 30th day of August, 2005 a Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District" AND NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a pnblic hearinl! on the aforesaid Local Law at the South old Town Hall, 53095 Main Road, Southold. New York. ou the 27th day of September, 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all ofthese uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. . . II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: !l100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings, subiect to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings, subiect to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses, row or attached dwellings, subiect to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple d-wellings, townhololSes, row or attaehea hOlises. ill Accessory apartments in single-family residences as set forth in and regulated by !l100-31B(13) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by !l100-31B(14), without site plan approval.EN ill Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 12, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD . . Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 8. 2005. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Town Attorney Planning Board Zoning Board of Appeals Town Board Members Town Clerk's Bulletin Board Building Department . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk ofthe Town of Southold, New York being duly sworn, says that on the 15th day of September, 2005, 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 South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. ~~Oa//)d Elizabeth A. Ne lie Southold Town Clerk Sworn before me this ~~:mPJL Notary Public LYNDA M. BOHN NOTARY PUBLIC, Stale of New York No. Ot 606020932 Qualified in SuHolk coun~7 Term Expires March 8, 20 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: .\,,(\ /..P ~ ~ Woodhouse Chairperson, Southold Town Planning Board From: Elizabeth A. Neville Southold Town Clerk Date: September 15,2005 RE: A Local Law in relation to Amendments to Uses within the Hamlet Density Residential District The Town Board at their regular meeting held on August 30, 2005 adopted resolution number 2005-530 regarding proposed Local Law to amend uses within the Hamlet Density Residential District. A certified copy ofthis resolution is attached. Please prepare an official report defining your department's recommendations with regard to this proposed law and forward same to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Town Planning Department for their review. The date of the public hearing is September 27,2005. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15,2005 Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting held on August 30, 2005 adopted resolution number 2005-530 regarding proposed Local Law to amend uses within the Hamlet Density Residential District.. A certified copy of this resolution is attached. , Please prepare an official report defining your department's recommendations with regard to this proposed law and forward same to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date of the public hearing is September 27,2005. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~Q.~ Elizabeth A. Neville Southold Town Clerk Enclosures Town Attorney Southold Town Planning Board REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .own Hall, 530;; Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southo ldtown .northfork.net ELIZABETH NEVILLE TOWN CLERK . RESOLUTION # 2005-530 Resolution 10: 1101 Meeting: Department: Category: 08/30105 07:30 PM Town Attorney Legislation THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-530 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 30, 2005: RESOLVED that the Town Board ofthe Town of South old authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in Relation to Amendments to Uses Within the Hamlet Densitv Residential District" to the Southold Town Planninl!: Board and the Suffolk County Department of Planninl!: for their recommendations and reports. ~lt~Q~pJ'a. Elizabeth A. Neville Southold Town Clerk . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ar~o.~r.;/~~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~~ Signature, Received ~y - Date: ~/21!..r- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ., . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER m;CORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P,O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765- 1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District", Please sign the duplicate ofthis letter and return to me at your earliest convenience, Thank you, ar~a~..Jt,. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~~...L- Date: ,9 h .../....r- Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown .northfor k. net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of South old will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Locai Law is entitied, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ar~Q~~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals n~l j'JO--Q J:f(!)itYJU Sign ture, Recei d By Date: J.Q\ 2:> lDs- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . t'.1:J. (4..'1 D.s'. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27, 2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ~~'Q",'!I", Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~,R Signature, Received By Date: 1r93/06' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27, 2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. arA.9::fa~,,;(h. Elizabeth A. Neville Town Clerk Attacliments cc: Suffolk County Department of PI arming Village of Greenport Town of Riverhead Southold Town Plarming Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: <fA-(pk~ / ( ( ) DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK / ~ ~ s~p ~ 3~ :'5 ~ ~ BOARO OF ASSESSORS TOWN OF SOUTHOlD - . . ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23,2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate ofthis letter and return to me at your earliest convenience. Thank you. ~C?2P-/I~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town ofSoutharnpton Southold Town Trustees Southold Town Board of Appeals l::::iti(;4 Date: ___.4~ ~"" A..oS- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 2 3 2005 I L_._ - L '-. I - __--1 ---. . . ELIZABETH A. NEVILLE TOWN CLERK Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FRE~;DOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 23,2005 PLEASE TAKE NOTICE that the Town Board of the Town of South old will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate ofthis letter and return to me at your earliest convenience. Thank you. ar~a~vd'" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department ofPlaillling Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals \ Date: 0-trr 7(O{ Signature, Received By CATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK .. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. a~~..J-V~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals I, 'I.': :",.- i! ~..zA J f) J(1~ Signature, Receiv:Jt By Date: SEP 2 6 2005 _~J DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (63:lJ!765-1800 s~~ldtown.ri;;~thfork.net ::1l REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23,2005 ., :-Ti .--, ,'0) , , ) 0.... ITI <':: ry :T] -J '-'0) \...- N PLEASE TAKE NOTICE that the Town Board of the Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27, 2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. a~4'~.p Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village 0 f Greenport Town of River head Southold Town Planning Board Southold Town Ass or Southold Town Bui ing Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date:? -d r-()S- Signa ure, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board ofthe Town of Southold will Hold Public Hearing on the aforesaid Local Law on September 27,2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District", Please sign the duplicate ofthis letter and return to me at your earliest convenience. Thank you. ar~a~~e't~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~1 H Dn ~('\IJlK1l/i Si a re, Received By Date: q(Jh{O'\ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK .. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 23, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of South old will Hold Public Hearing on the aforesaid Local Law on September 27, 2005, the Local Law is entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Densitv Residential District". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ar.ll4Cl.Qr...:t~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of River head Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of "~-~- :\,<q. f: ~'\.. ',. !_", 0 ~/7d/(~/d~ - Signature, Rec ved By SEP '2 3 2005 Date: 1 . _IF A.PPE^L~ t~g':0~'~~H';~~::.~~ .-- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ) L-- -Town Hall, 5~95 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown. northfork.net ELIZABETH NEVILLE TOWN CLERK . RESOLUTION # 2005-529 Resolution ill: 1100 Meeting: Department: Category: 08/30/05 07:30 PM Town Attorney Local Law Public Hearing THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-529 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 30, 2005: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of August, 2005 a Local Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. South old. New York. on the 27th day of September. 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any . . and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: S 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings, subject to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings, subject to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses. row or attached dwellings. subject to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Mliltiple dwellings, townholises, row or attached flOllses. ill Accessory apartments in single-family residences as set forth in and regulated by S 100-3IB(13) of the Agricultural-Conservation District. ill Bed-and-breakfast uses as set forth in and regulated by S 100-3IB(14), without site plan approval. EN ill Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ar~Q":tI~ Elizabeth A. Neville South old Town Clerk Page 2