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HomeMy WebLinkAboutLL 2007 #02 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISlES, AICP DIRECTOR OF PLANNING February 26, 2007 RECEIVED Ms. Elizabeth Neville, Town Clerk Town of South old 53095 Main Road - P.O. Box 1179 Southold, NY 11971 MAR 2 2007 SOl.tldd Tt;Vin Clerk Re: Amendment to Section 280-4 and 280-15 "Size, Height and Setbacks of Accessory Buildings" SCPC File No.: SD-06-05 Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles ~~' Andrew P. Fr~, AI Chief Planner APF:cc G:\CCHORN'r'\ZONING\ZONING\WORKING\NAR\2005\SD04.01.JAN LOCATION H. LEE DENNISON BLDG. - 4TH flOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . 16311853-5190 TELECOPIER (6311853-4044 lit RECEIVED ..-.,..e;;..: . STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 FEB 2 1 2007 Southord Town Clerk ELIOT SPITZER GOVERNOR February 13, 2007 Town of South hold Lynda M. Bohn Southold Deputy Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southhold, New York 11971 RE: Town of Southhold, Local Law 1, 2 & 3. 2007, filed on January 26, 2007. Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.nv.us. Sincerely. Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.OOS.STATE.NY.US . E-MAIL: INFOClloos.STATE.NV.US SOUTHOLD TOWN BOARD PUBLIC HEARING January 16, 2007 7:40PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size. Heil!:ht and Setbacks for Accessory Buildinl!:s" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January 2007 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size. Heil!:ht and Setbacks for Accessory Buildinl!:s" reads as follows: LOCAL LAW NO. ~ 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of South old is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Anvroofthat has a pitch ofless than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs ana te the mean height between ea','es and ridge for other type roofs. , and to the hi ghest point of the ridge for sloping and other type roofs. SLOPING ROOF-Anv roof that has a pitch equal to or greater than 3: 12. 9280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. 8Hefl Buildings with a flat or mansard roof shall not exceed eighteen (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size (square feet) Less than 10,000 Less than 10,000 Less than 10,000 10,000- 19,999 10,000- 19,999 10,000- 19,999 20,000- 39,999 20,000- 39,999 20,000- 39,999 40,000 -59,999 60,000-79,999 80,000 and over Maximum Height ( feet) Minimum Setback (feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 Setbacks. [Amended 7 17 1990 by L.L. No. 11 1990; 2 5 1991 by L.L. No.2 1991] (I) On lots containing up to twenty thousand (20,000) square feet, saeh buildings shall be set baek no less than three (3) feet from any lot line. (2) On lots containing more than twcnty thollSand (20,000) sqaare feet up to thirty nine thousand nine handred ninety nine (39,999) square f0et, such buildings shall be set baele no less than five (5) fe0t from any lot line. (3) On lots eontaining in excess of thirty nine thoHsand nine hundred ninet)' nine (39,999) sqllare feet HP to se'/ent)' nine thousand nine hundred ninet)' nine (79,999) sqllar0 fe0t, such buildings shall b0 S0t back no less than ten (10) feet from any lot line, (1) On lots containing in excess of seyent)' nine thousand nine hundred ninety nine (79,999) square feet, SHeil bHildings shall be set baele no less than twenty (20) feet from an)' lot line. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessorv building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessorv buildings UP to fortv (40%) percent of the roof width. E. Anv accessorv structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front- yard principal setback requirements as set forth by this Code, and the side vard setback requirements for accessorv buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I believe you have copies of the legislation, they were on the agenda out there outside the meeting hall. I have a letter here from L.K. McLean Associates, who were asked to review the information for us, 'please refer to the attached Short Environmental Assessment Form dated January II, 2007 and our office recommends that a negative declaration be issued by the Southold Town Board', which I guess we did tonight, right? JUSTICE EV ANS: Yes. COUNCILMAN WICKHAM: I also have notice it has appeared on the Town Clerk bulletin board outside, it has appeared as a legal in the local newspaper. A memo dated January 16, 2007 from Mark Terry, Principal Planner and LWRP Coordinator concludes 'it is my determination that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' And a memo dated November 21, 2006 from the Suffolk County Department of Planning, states that this proposal is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impact. I don't believe there are any other notices that are in this file. TOWN ATTORNEY FINNEGAN: We do have one minor change that I would propose that was brought to my attention today by Ruth Oliva. The chart that lists lot size and maximum height and minimum setback, the minimum setback I would just propose we add side and or rear, so that it is clear that that refers to a side and or rear setback. So there is no confusion. That was the intention. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address this issue of the accessory structure law? THOMAS NOONE: Hi, my name is Thomas Noone and I have property at Mattituck. My wife's family has been here for over 70 years. [feel that these laws pertaining to private property is, comes out in September of every year and ends around February. Your summer people are not here during this laws that are being proposed to be changed. I feel that it is unfair to the summer people when they are not here for proper representation. They don't all get the papers. I didn't get the paper one time on a piece of property which I owned, I found out it was grandfathered in from the Hale family, which were three lots. I bought the property from the Hale family and now I find out we can't build on that because of the laws that have been changed. Had I known about it, I would have done something differently. Second of all, I live across the street from CVS. There is new owners of CVS, they are not abiding by the terms and conditions of the previous CVS. It was sold for $3. something million and the new people there now are not abiding by the terms. There is metal grate in front of that place that rocks every time a car goes in and out. I spoke with the manager, I spoke with the Town Hall. Nothing has been done with it. Every car that goes in and out of that CVS, it is like a storm water basin, constantly rattling. I have next to Dickerson Marina, which is an old diner, which I think is the new town dump. I don't know if you people (inaudible), it used to be a diner but now it is the new auxiliary town dump. I call on this, no action. I left word with the owners, I had to come down here, I spent three hours on the phone trying to get the owners name. No one in the Town Hall could direct me. They gave me phone numbers, phone numbers. Finally I came down there, I spent three hours on the phone at home. I got the party's name, it was just sold for I think $300,000. And it is still the new town dump and no action has been taken on this. Those are things in my area. I am surprised that this is coming up now, I had heard that (inaudible) in the summertime when all the summer people are here, that they can have some input on setbacks. The accessory buildings are garages, I believe? SUPERVISOR RUSSELL: Principally. MR. NOONE: Whatever? SUPERVISOR RUSSELL: structures. Presumably they facilities, that sort of thing. Accessory structures. The law speaks to accessory are garages but for other people they could be storage MR. NOONE: This pertains mostly to garages then? SUPERVISOR RUSSELL: It pertains to, yeah, accessory buildings. MR. NOONE: (Inaudible) when all the people are out and let everybody have an input on this. COUNCILMAN KRUPSKI: When was the.... MR. NOONE: (Inaudible) COUNCILMAN KRUPSKI: When was the first public hearing on this? COUNCILMAN ROSS: 2005. SUPERVISOR RUSSELL: Can I just, on those other issues of enforcement, I would please invite you to contact my office directly on those issues. I had not heard of the issue regarding the CVS grate and I certainly, I am aware of the sale of that what used to be a Chinese restaurant, then a diner. I was aware of the sale of that, I didn't know there was a problem there, other than the building not being maintained but I understood the new owner was going to go in and do something nice there, but ifthere is an issue there, I would gladly address it and we will be out tomorrow. MR. NOONE: Can I get the number? SUPERVISOR RUSSELL: Scott Russell, 765-1889. MR. NOONE: Thank you. TOWN ATTORNEY FINNEGAN: AI, to answer your question, I think the first hearing, if my memory is right was in the summer in July of 03 and then I think there was one in May of 05 and then we had one in November oflast year. SUPERVISOR RUSSELL: Would anybody else like to come up to the Town Board? Mr. Wills. FRANK WILLS: Frank Wills, Mattituck. I think the accessory code is okay and I would like to urge or suggest that having done that, presumably it will pass, to do a similar one for the main buildings; basically getting out of the McMansions could be growing even taller. I realize the limits now are 35 foot, I am sure, I believe that some of the houses going up are exceeding that, including the lateral size, including the one in Mattituck that has got 1,500 square feet. Maybe that is okay down in East Hampton and those other places but not here. So I would urge the Board to start working on limiting the size of the main structure and all the accessories to that. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up to the Town Board and address the issue of the accessory structures law? CHRIS TALBOT: Chris Talbot from Cutchogue. With respect to the, I think that we should go ahead and put this accessory code into effect as it stands. You have got them even tighter (inaudible) and they get bigger and the problems are going to get worse. You have talked about this in the past and it was okay around Southold Town not to have a lot of ordinances in place because usually people have common courtesy to their neighbors not to do certain things, build certain size structures that are tight to property lines and so forth, I think a lot of the new homeowners that are coming out here now, cerainly you are right that the south fork pushing north. You are losing out on a lot of that common courtesy and if we don't get these rules in place now, we are going to have a big problem in the next few years. And I would say the sooner the better and keep pushing forth with the enforcement of what is going on and if anything, I would certainly do what Mr. Wills said about the houses, put a limit on them. There are plenty of municipalities around here that have ordinances, say you pick a lot size, you go 10 percent of the lot size plus 1,750 or 1,800 square feet and that is the maximum principal structure you can build on a property and I know that in the Village of Southampton where I am a building inspector, any accessory structures regardless of size, the maximum is 800 square feet. If you have a 20,000 square foot lot size and less, you going to (inaudible) a 520 square feet, which is sufficient for a two car garage or a two and a half car garage. The maximum is 16 feet in height, the ridge, and the same with if you have a 10 acre lot, regardless if it is agricultural, that is something different, (inaudible) so I would do all you are doing now and maybe even make a little tighter. SUPERVISOR RUSSELL: Thanks, Chris. Would anybody else like to come up and address the Town Board on this particular issue? (No response) Hearing none, can I get a motion to close? * * * * * ~Z}('~ Elizabeth A. Neville Southold Town Clerk #8207 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott 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 week(s), successively, cornrnencing on the 1st day of Februarv. 2007. (' Ct&YhO JJ~ Principal Clerk Sworn to before rne this 2007 d day of _r1u \~ CJ 1U/)-hLP- Uoln~j CHRISTINA VOllNSKI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Qualltled In Suffolk County Commission Expires February 2B. 2008 PlJRUC NOTICE NOTICE OF ENACTMENT The Town Board of the Town oj Southold, at the January 16, 2007 regu. lar Town Board meeting, enacted the following Local Law: LOCAL LAW NO. 2 of 2007 A Local Law entitled "A Local Law in relation to the Size, Height and Set- backs for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold. as fol- lows: I. Purpose- The purpose of this Loca] Law is to establish clear standards gov. erning the maximum height, size anc setbacks for accessory buildings anc other accessory structures, in order te further preserve the character of single family neighborhoods. These change~ win reduce the impact of accesso~ buildings on adjoining residences. TheSl changes shall apply to the Low- Densit~ Residential (R-40) zoning district, a well as the R-8O, R-120, R-200, R-4()i and Agricultural-Conservation (A-C zoning districts. II. Chapter 280 of the Zoning Cod of the Town of Southold is hereb amended as follows: ~ 280-4. Definitions. FLAT OR MANSARD ROOF- Any roof that has a pitch of less tha 3:12. HEIGHf OF BUILDING, ACCE~ SORY -- The vertical distance measure from the average elevation of the exisl ing natural grade adjacent to the buik ing, before any alteration or fill, to th highest point of the roof for flat and mansard roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF"":'Any roof that has a pitch equal to or greater than 3:12. ~ 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roqf shall not exceed sixteen (16) feet in height and shall be set back at tbe mini- mum required for a sloping roof. B. Buildings with a sloping roofshall be subject to the following height and setback limitations: Lot size Maximum (square feet) Height (feet) Minimum Setback- side and} arrear (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20,000- 39,999 20 15 20,000- 39,999 22 20 40,000 -59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory build- ing shaH exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on acces- sory buildings up to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback require- ments as set forth by this Code, and the side yard setback requirements for ac- cessory buildings in Section B above. III, Severability, If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. IV. Effective date This Local Law sball take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8207-1T 2/1 . 617.20 . Appendix C ORIGfN1AL State Environmental Quality Review " SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A ,plicant or Project Sponsor) . , ro. .1. 1. APPLICANT/SPONSOR 2. PROJECT NAME JJ., " ,. J 'V"'" '" CHRISTOPHER F. DWYER, ASSOCIATE PROPOSED TOWN CODE CHANGE - ACCESSORY BLDGS. 3. PROJECT LOCATION: Municipality TOWN OF SOUTHOLD County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 53095 ROUTE 25 - TOWN HALL SOUTHOLD NEW YORK 11971 5. PROPOSED ACTION IS: D New D Expansion [Z] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The modifications consist of changing the method in determining height, decreasing the max. height from 18' to t 6' and increasing the min. setback distances. The modifications also include changes to max. size of accessory building (3%), definition of flat/mansard roof, permit dormers (40%), non-building maximum heights (18') and provisions for waterfront parcels (front yard, side yard). 7. AMOUNT OF LAND AFFECTED: Initially v.vv acres Ultimately V.W acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? III Yes ONo If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [Z] Residential D Industrial D Commercial [Z] Agriculture D Park/Forest/Open Space D Other Describe: THE CHANGES SHALL APPLY TO THE LOW-DENSITY RESDIENTlAL (RAO) ZONING DISTRICT, AS WELL AS THE R-80, R-120, R-200, R-400 AND AGRICULTURAL -CONSERVATION (A-C) ZONING DISTRICTS. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [ZJNO If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [Z] No If Yes, list agency(s) name and permit/approvals: NOT APPLICABLE - CURRENT TOWN CODE 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? o Yes [Z] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: L.K. McLEAN ASSOCIATES PC, CHRISTOPHER F. DWYER Date: 1-11-07 Signature: ('U" ~L~ ,c: i+r. - If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OYER 1 Reset PART II - IMPACT ASSESSMENT IT completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes [{] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes [{] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NONE C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NONE C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NONE C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: NONE C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NONE C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NONE C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NONE D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes IZI No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes !ZINo If Yes, explain briefly: . . PART III . DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othelWise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination TOWN OF SOUTHOLD 1-11-07 Date Reset Llt!\\!\ . . L. K. McLean Associates, P. C. 437 South Country Road . Brookhaven . New York . ] 1719 (631)286-8668. FAX (631) 286-6314 CONSULTING ENGINEERS EUGENE F. DALY, PE, PTO.E™, PRESIDENT and CEO RAYMOND G. DiBIASE, PE, PTO.E™, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, P.E., VICE PRESIDENT ROV R. FULKERSON, P.L.S., VICE PRESIDENT ALBERTT DAWSON, PE., VICE PRESIDENT Associates CHRISTOPHER F, DWYER JAMES L DeKONING. P.E ROBERT A STEELE. P.E January 12, 2007 Mrs. Patricia Finnegan Esq., Town Attorney Town of South old 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971-0959 RE: Proposed Town Code Change - Proposed local law "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" - Chapter 280 as revised by the Town January 2007 LKMA Project No. 04010.009 Dear Mrs. Finnegan: As requested by the Town of Southold, our office has reviewed the attached revisions made to the proposed local law in relation to the size, height and setbacks for accessory buildings. Our office prepared a Short Environmental Assessment Form attached to our initial review dated November 20, 2006. The following modifications to the local law are as follows: . changed the pitch of the roof from 4:12 to 3:12 (definitions section) . in 280-15 (C) no building shall exceed 3% of the lot size . dormers permitted in 280-15 (D) . in 280-15 (E) other accessory structures not exceed 18 feet (codifies existing practice) . 280-15 (F) I also codifies existing practice Please refer to the attached Short Environmental Assessment Form dated January II, 2007 and complete Part III as Lead Agency. Based upon the proposed and revised changes to limit the size, height and setbacks for accessory buildings (yielding no significant adverse impacts), our office recommends a negative declaration be issued by the Southold Town Board. If you should have any questions regarding the content of this re-evaluation by our office please do not hesitate to contact this office directly. Very Truly Yours ~J .\. .J~ l" ;:: ;&;: I . ./ CFD:cfd Ene.: (2) SEAF & Draft Resolution CC: Town Board w/enc. LKMA File Copy w/enc. Christopher F. Dwyer, Associate LX. Mclean Associates P.e. . Founded in 1950. . . FOR RESOLUTION WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the day of 2006 a Local Law entitled "A Local Law in relation to the Size. Heieht and Setbacks for Accessorv Buildines" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the st day of 2006 at p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size. Heieht and Setbacks for Accessorv Buildines" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II.Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-An v roof that has a pitch of less than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs aHd to tile . . mean heigHt Between eaves and ridge for other tYfle roofs. , and to the highest point of the ridge for slaving and other tyve roofs. SLOPING ROOF-Anv roof that has a vitch equal to or greater than 3: 12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Sti€li Buildings with a flat or mansard roof shall not exceed eighteen (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloving roof. B. Buildings with a slaving roof shall be subiect to the following height and setback limitations: Lot size ( square feet) Less than 10,000 Less than 10,000 Less than 10,000 lO.OOO- 19,999 10,000- 19,999 10,000- 19,999 20,000- 39,999 20,000- 39,999 20,000- 39,999 40,000 -59,999 60,000-79,999 80,000 and over Maximum Height (feet) Minimum Setback ( feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 Setbaeks. [A. menses "7 17 1990 by L.L. No. 11 1990; 25 1991 by L.L. No.2 1991] (I) On lots eontaining lIfl to twenty thsHsand (20,000) sqllare f-eet, sHeh BHildings shall be set baek no less than taree (3) f-eet from any lot line. (2) On lots esntaining ffiSFe than twenty thoHsand (29,000) sqHare f-eet Hfl to thiFty nine thoHsans nine hMnsred ninety nine (39,999) SqHafe feet, sHeh lllfildings shall Be set back no less than five (5) feet froffi any lot line. (3) On lots eORtaining in e1leess sf taifty niRe thoHsans aiae hHadr-ed ninety RiRe (39,999) sqHare f-eet HJ3 ts seveRty Rine thoHsaRd RiRe hHndres RiRety niRe (79,999) sqHElfe f-eet, SMell. bHildings shall Be set Bael, ns less thaR ten (10) feet frsffi aRY lot lffie.,. ( 1) OR lots eORtaining ia elleess of seventy nine thsHsans niRe hHRdred Riaety aiae (79,999) sqHare feet, SHeil. BMildiags shall be set baek ae less taaa t'::eaty (20) feet from aay lot liae, . . C. Such buildings shall not exceed 660 square feet on lots containing UP to 20.000 square feet. and shall not exceed 750 square feet on lots 20.000 square feet to 60.000 square feet. On lots over 60.000 square feet. no accessorv building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessorv buildings UP to fortv (40%) percent of the roof width. E. Anv accessorv structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front- yard principal setback requirements as set forth by this Code. and the side vard setback requirements for accessorv buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. . . . RESOLUTION 2007-125 ADOPTED . DOC ID: 2542 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-125 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: RESOLVED that the Town Board ofthe Town of Southold hereby finds that the proposed "A Local Law in relation to the Size, Heiehts and Setbacks of Accessory Buildines" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation ofL.K. McLean Associates, P.C. dated January 12, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ~Q.'Q--'lh. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell . . PUBLIC NOTICE NOTICE OF ENACTMENT The Town Board ofthe Town of South old, at the January 16,2007 regular Town Board meeting, enacted the following Local Law: LOCAL LAW NO.2 of2007 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of South old is hereby amended as follows: 9 280-4. Definitions. FLAT OR MANSARD ROOF-Any roof that has a pitch ofless than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the rooffor flat and mansard roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF-Any roof that has a pitch equal to or greater than 3: 12. 9 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R -400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: . Lot size (square feet) Less than 10,000 Less than 10,000 Less than 10,000 10,000- 19,999 10,000- 19,999 10,000- 19,999 20,000- 39,999 20,000- 39,999 20,000- 39,999 40,000 -59,999 60,000-79,999 80,000 and over . Maximum Height (feet) Minimum Setback-side and/or rear (feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings up to forty (40%) percent ofthe roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above. . F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity 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. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD . . Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 1, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Assessors Town Clerk's Bulletin Board Town Board Members Town Attorney . . ST ATE 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 J 5 day of 'tf. J{ . ,-", V ' 2001. 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. Notice of Enactment Local Law No.2 of2007 ~~~ Southold Town Clerk Sworn before ~ this 1'\ ~. day of J:,{2;~Of. otary Public . . 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. CBNfttj ~ Town of ",Tillag@ SOUTH OLD LOCAL LAW NO. 2 of2007 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R- 80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of South old is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Any roof that has a pitch of less than 3: 12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the rooffor flat and mansard roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF-Any roof that has a pitch equal to or greater than 3:12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.11/99) 1 . . B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size (square feet) Less than 10,000 Less than I 0,000 Less than 10,000 10,000- 19,999 10,000- 19,999 10,000- 19,999 20,000- 39,999 20,000- 39,999 20,000- 39,999 40,000 -59,999 60,000-79,999 80,000 and over Maximum Height (feet) Minimum Setback-side and/or rear (feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed three percent (3 %) of the total size of the parcel. D. Dormers are permitted on accessory buildings up to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above. . F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 . . Complete tbe certification in tbe paragrapb tbat applies to tbe filing of tbis local law and strike out tbat wbicb is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. _2_ of20 ~ of the (Co .111) )(Cil) )(Town) ('.'illag") of SOUTHOLD was duly passed by the TOWN BOARD on_January 16_,20!!L-, in accordance with the applicable provisions oflaw. 2. (passage by local legislative body witb approval, no disapproval or repassage after disapproval by tbe Elective CbiefExecutive Officer".) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(ViIlage) of on disapproval) by the in accordance with the applicable provisions of law. of20 was duly passed by the 20 _' and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_ 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_, m accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final 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 , m accordance with the applicable provisions of law. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, !fthere 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 subm itted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a m~ority 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 ofa majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 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. ty legislative body. City. own or Vilbge Clerk . nated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: January 22, 2007 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexe reto. Signa re PatJii'cia A. Finnegan, Efq., ow torney Kieran Corcoran. ESQ.,:.\s Istant Town Attornev Title Co unt) ~ Town of '.'illage Date: SOUTHOLD January 22, 2007 4 'aF"~ '1I:<i . . ~ . ~~. . . RESOLUTION 2007-125 ADOPTED . DOC LD: 2542 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-125 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON .rANUARY 16, 2007: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to the Size, Hei2hts and Setbacks of Accessory Buildin2s" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of South old hereby establishes itself as lead agency for the uncoordinated review of this aetion and issues a Negative Declaration for thc action in accordance with the recommcndation ofL.K. McLean Associates, P.C. dated January 12,2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance thcrewith. Ptr~Q.'!?-.dJ... Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski .fr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell PATRICIA A. 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 lrown Hall Annex, 54375 Route 25 . P.O. Box 1179 Southold, New York 11971-0959 LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORN~Y TOWN OF SOUTHOLD MEMORANDUM To: Hon. Scott A. Russell, Supervisor From: Patricia A. Finnegan, Esq., Town Attorney Date: January 18, 2007 Subject: Local Law in Relation to Size, Height and Setbacks for Accessory Buildings Attached is the Short Environmental Assessment Form dated January 11, 2007, in connection with the referenced matter. Kindly sign this form where indicated and return to me for handling. I am also including a copy of the resolution authorizing you to sign same. If you have any questions, please do not hesitate to call me. PAF/lk Enclosures cc: Members of the Town Board (w/encls.) ____ Ms. Elizabeth A. Neville, Town Clerk (w/encls.) ~ Lit !\\ !\ . . L. K. Mc4!un Associates, P. C. ! CONSULTING ENGINEERS 437 South Country Road. Brookhaven. New York. 11719 (631)286-8668. FAX (631)286-6314 Associates EUGENE F. DALY, P.E., PTO.E.H.\, PRESIDENT and CEO RAYMOND G. DiBIASE, P.E., PTOE1M, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, P.E., VICE PRESIDENT ROY R. FULKERSON, P.LS., VICE PRESIDENT ALBERTT. DAWSON, P.E., VICE PRESIDENT CHRISTOPHER F. DWYER JAMES L DeKONING, P.E. ROBERT A. STEElE, P.E. January It 2007 Mrs. Patricia Finnegan Esq., Town Attorney Town of South old 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971-0959 LJ (O~" .' l~t~9 \'1- ,:,1('1 I: ':i .L:"i ;.:.; R~:: Proposed Town Code Change - P,'oposed local law "A Loc~J1 Law in relation to the Size, Height and Setbacks for Accessory Buildings" - Cha~ter 280 as revised by the Town January 2007 LKMA Project No. 04010.009 Dear Mrs. Fimlegan: As requested by the Town of Southold, our office has reviewed the jlttached revisions made to the proposed local law in relation to the size, height and setbacks fOIl accessory buildings. Our office prepared a Short Environmental Assessment Form attached io our initial review dated November 20, 2006. The following modifications to the local law are ias follows: . changed the pitch of the roof from 4:12 to 3;12 (definitions section) . in 280-15 Ie) no building shall exceed 3% of the l~t size . dormers permitted in 280-15 ID) . in 280-15 (E) other accessory structures not excee~ 18 feet (codifies existing practice) . 280-15 (F) I also codifies existing practice Please refer to the attached Short Environmental Assessment Form qated J an nary 11, 2007 and complete Pmt III as Lead Agency. Based upon the proposed and r~vised changes to limit the size, height and setbacks for accessory buildings (yielding no signifiicant adverse impacts), our office recommends a negative declaration be issued by the Southold Town Board. If you should have any questions regarding the content of this re-evalJuation by our office please do not hesitate to contact this office directly. CFD:cfd Enc.: (2) SEAI' & Draft Resolution CC: Town Board w/enc. LKMA File Copy w/enc. Very Truly Yours I (2,,{~ + "(J t... ;::,();: I .-/ Christopher F. Dwyer, Associate I L.K. Mclean Associates P. C. . Founded in 1950. . . FOR RESOLUTION WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the day of 2006 a Local Law entitled "A Local Law in relation to the Size. Heh::ht and Setbacks for Accessory Buildinl!s" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will h0ld a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the st day of 2006 at p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size. Heil!ht and Setbacks for Accessory Buildinl!s" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) ~oning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (r\-C) zoning districts. II.Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Any roof that has a pitch of less than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance, measured from the average elevation of the existing natural grade adjacent to the bui*ing, before any alteration or fill, to the highest point of the roof for flat and mansard roofs aRd te the . . mean height between cave;; and ri(~fer other type roof:;. , and to the highest point of the ridge for SIODing and other type roofs. SLOPING ROOF-Any roof that has a pitch equal to or greater than 3: 12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shaH be located in the required rear yard, subject to thc foHowing requirements: A. Stl€fl Buildings with a flat or mansard roof shaH not exceed eighteell (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size ( square teet) Less than 10,000 Less than 10,000 Less than 10,000 10,000- 19,999 10,000- 19,999 10,000- 19,999 20,000- 39,999 20,000- 39,999 20,000- 39,999 40,000 -59,999 60,000-79,999 80,000 and over Maximum Height (feet) Minimum Setback (feet) 18 20 22 ]8 20 22 ]8 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 Setbaeks. [Amended 7 17 1990 hy L.L. No. 11 1990; 25 1991 by L.L. No.2 1991] (1) Oil lot:; eOlltaillillg IIfJ to twellty thou:amd (20,000) square feet, slIeh buildillgs shall be set back 110 less tball t-hree (3) f-eet from any lot lille. (2) Oil lots eOlltaining more thlill twenty thousanEl (20,000) sqllare feet lIfJ 10 thirty nine tBollsalld Ilille hlllldred Ilillety Ilille (39,999) square f-eet, SlieR bllildings shaH be set back 110 less IRan fi'ie (5) f-eet from any lot lille. (3) 011.1015 eORIaining iR eJleeSG of thirty RiRe thOIlSliRd RiRe RUlldred lliRety RiRe (39,999) square feet IIfJ 10 seveRty RiRe tRollsalld Ilille lllllldrea RiRety nine (79,999) square feet, slIeh buildillgs ShliH be set back 110 less tRail lell (10) f-eet from aRY lot Iffie, (1) OR lots eORtaiRiRg iR eJleess of seveRty nine Ihousalld Ilille RUlldred niRety RiRe (79,999) square feet, sueH l'lHilEiiRgs SHall be set baek no less tHan twenty (20) feet from any lot liRe. . . C. Such huildings shall not. exceed 660 square feet on lots containing UP to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessorv buildings UP to fortv (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . t.P. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and stmctures meet the front- yard principal setback requirements as set forth by this Code, and the side vard setback requirements for accessorv buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, Strike-through represents deletion. Underline represents insertion, 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . . PART I - PROJECT INFORMATION ITo be comoleted by AJplicant or Proiect Soonsor\ 1. APPLICANT/SPONSOR 2. PROJECT NAME CHRISTOPHER F. DWYER, ASSOCIATE PROPOSED TOWN CODE CHANGE - ACCESSORY BLDGS. 3. PROJECT LOCATION: Municipality TOWN OF SOUTHOLD County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, ete" or provide map) 53095 ROUTE 25 - TOWN HALL SOUTHOLD NEW YORK 11971 5. PROPOSED ACTION IS: DNew o Expansion o Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The modifications consist of changing the method in determining height, decreasing the max. height from 18' to 16' and increasing the min. sethack distances, The modifications also include changes to max. size of accessory building (3%), definition of flat/mansard roof, pennit dormers (40%), non-building maximum heights (I g') and provisions for waterfront parcels (front yard, side yard). 7 AMOUNT OF LAND AFFECTED: u.uu Initially v.vu acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [{] Yes DNo If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [() Residential o Industrial o Commercial o Agriculture o ParklForesVOpen Space o Other Describe: THE CHANGES SHALL APPLY TO THE LOW-DENSITY RESDIENTlAL (R-40) ZONING DlSTRICr, AS WELL AS THE R-80, R-120, R-200, R-400 AND AGRICULTURAL -CONSERVATION (A-C\ ZONING DISTRICTS. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [{] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [ZlNO If Ves, list agency(s) name and permit/approvals: NOT APPLICABLE - CURRENT TOWN CODE 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYeS [{I No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: L.K. McLEAN ASSOCIATES PC, CHRISTOPHER F. DWYER Date: 1-11-07 Signature: /II ..L...... ..c:1k --- If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To .comPleted by Lead Agency) . - A. DOts ACT ICON EXCEED ANY TYPE I THRESHOlD IN 6 NYCRR, PART 617.4'1 If yes, coorclinate tl18 review process and use the FULL EAF DYes IZI No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes IZI No C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOllOWING: (Answers may be h.ndwrillen, it legible) C1 Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: NONE C2. Aesthetic, agricultural, archaeological, historic, or other natural or cuttural resources; or community or neighborhood character? Explain briefly: NONE C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NONE C4. A community's existing plans or goals as officially adopted, Dr a change in use Dr intensity of use of land or other natural resources? Explain briefly: NONE C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NONE C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NONE C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NONE D. Will THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes [Z] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes [{]No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination TOWN OF SOUTHOLD 1-11-07 Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Re~ponsjble Officer Signature of Responsible Officer in Lead Agency fficer) ", T~wn of South old - Letter- Boanaeting of January 16,2007 ~....,~ :'-JI - RESOLUTION 2007-127 ADOPTED Item # 45 DOC ID: 2544 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-127 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2007: WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size, Heieht and Setbacks for Accessorv Buildines" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and it is therefore RESOLVED that this action is CONSISTENT with the L WRP; and it is further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to the Size, Heieht and Setbacks for Accessorv Buildines" reads as follows: LOCAL LAW NO.2 of2007 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will Generated January 22, 2007 Page 65 T~wn of Southold - Letter. Boar.eeting of January 16, 2007 reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Any roof that has a pitch of less than 3: 12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the rooffor flat and mansard roofs and to tlle !HeaR lleigllt betweeH eaves and ridge fer otller tYfle roofs. ,and to the highest point of the ridge for sloping and other type roofs, SLOPING ROOF-Any roof that has a pitch equal to or greater than 3:12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. 8tIell Buildings with a flat or mansard roof shall not exceed eigllteell (18) sixteen (]6) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size (square feet) Less than 10,000 Less than 10,000 Less than I 0,000 10,000- 19,999 10,000- 19.999 10.000- 19.999 20.000- 39.999 20.000- 39.999 20.000- 39.999 40.000 -59.999 60,000-79,999 80.000 and over Maximum Height (feet) Minimum Setback-side and/or rear (feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 IS 20 10 IS 20 IS 20 25 Setbacks. [f.!Hellded 7 17 1990 by L.L. No. 14 1990; 2 5 1991 by L.L. No.2 1991] Generated January 22, 2007 Page 66 T~wn of Southold - Letter. Boan.eeting of January 16,2007 (I) On lots containing up to twenty thousand (20,000) square feet, such Buildings shall Be set Baek no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet lip to thirty nine thousand nine hundred ninoty nine (39,999) s!juare feet, slich Buildings shall Be set Back no less than five (5) feet from alTY lot line. (3) On lots containing in excess of thirty nine thoasand nine hlindred ninety nine (39,999) sqaare feet up to seventy nine thoasand nine hundred ninety nine (79,999) S!j1i8re feet, slich buildings shall be set Back no less than ten (10) feet from any lot line. (4) On lots containing in excess ofseyenty nine tholisand nine hundred ninety nine (79,999) sqaare feet, slich Bliildings shall be set Back no less than ('.venty (20) feet from any lot line. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20.000 square feet. and shall not exceed 750 square feet on lots 20.000 square feet to 60.000 square feet. On lots over 60.000 square feet. no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings UP to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code. and the side yard setback requirements for accessory buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. Strike-through represents deletion. Underline represents insertion. a~Q."';p,.. Elizabeth A. Neville Southold Town Clerk Generated January 22, 2007 Page 67 . T~wn of Southold - Letter. RESULT: ADOPTED [5 TO 1] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans NAYS: Scott Russell Generated January 22, 2007 BoarAteeting of January 16,2007 Page 68 - Town of Southold - Letter -dOl ~cJ ( Board Meeti g of January 16,2007 RESOLUTION 2007-125 ADOPTED Item # 43 DOC 10: 2542 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-125 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2007: RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to the Size. Heie:hts and Setbacks of Accessory Buildine:s" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board ofthe Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation ofL.K. McLean Associates, P.C. dated January 12,2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. I!j_/~~~'{.L. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated January 17,2007 Page 60 #8177 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) RECEIVED JhN 1 6 2007 Southold Town Clerk Candice Schott 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 w"kl'), ,"=Mj",y, ooomm""'9 0' 1h, 11th day of J""~a'Y' ',00; f/t~u Yutibr . Principal Clerk Sworn to before me this 2007 lL- day of Qi ') \\/}hltL Lb (\./7'11 i I CHRISTINA VOLlNSKI NOTARY PUBLIC-STATE OF NEW yORK NO. 01-V061 05060 Qualified In Suffolk CounlV CommiSSion Expire. February 28, 2008 LEGAL NOTICES. LEGAL NOTICE NOTICE OF PURUC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size, Height aDd. Set. backs for Accessory Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southald will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York. on the 16tIl dav of JanlUll'V 2007 1It'%40 D.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, ~ I.ocaI I.aw ill relation to the Size.. Hel~ht and Sfothillrklll for A.-Ito" Run.u._" reads as follows: I.oeAL I,AW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: t. Purpose- The purpose of this Local Law is to establish clear standards gov- erning the maximum height, size and set. backs for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will re- duce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Resi- dential (R40) zoning district, as well as the R-BO, R-120, R-200, R-400 and Ag- ricultural-Conservation (A-C) zoning districts. D. Chapter 280 of the Zoning Code of the Town of Southold is hereby amend- ed as follows: ~ 2804. Definitions. PI ,ATOR MANSARDROOF-Anv roof that has a oitch ofles.':~ than 3'12 HEIGHT OF BUILDING, ~ SQRY. -- The vertical distance measured from the average elevation of the exist- ing natural grade adjacent to the build. ing, before any alteration or fill, to the highest point of the roof for flat and mansard roofs .:1.&1 to tl..., ...GM h.~;&I.1 e..,l.......,~ c.1UC4 ~.J .;d~ t... utI..... l]~c roms: and to the hill'hest ooint of the ridee for slooinp and other tvne roofs. SLOPING ROOF-Anv roof that has a pitch eaual to or ll'Teater th:m 3'12. ~ 280-15. Accessory buildings iM structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the fol. lowing requirements: A. 5tteh: Buildings with a flat or man. ~ shall not exceed ",;,ght~~~ (18) sixteen (16) feet in height ;md shall he !let hack at the minimum reQuired for a !lloninr roof B. Buildings with a !lloning roof !lhall he suhject to the followinll' heir-ht and setback limitations' [..ot Mlllnmum M;nimllm Size Heipht Sethack (seuare feet) (feet) (feet) Less than 10000 18 3 Less than 10000 20 5 l..essthan 10000 22 10 10000-19999 18 5 10000-19999 20 15 10000-19999 22 20 20000- 39 999 1S 10 20 000- 39 999 20 15 20 000- 39 999 22 20 40000-59999 22 15 60 000-79 999 22 20 80000 and over 22 25 S.c.tb.....t...... [,\m~ud...d '7171998 h] L.L n:,. 111998,:' S 1991 h] L.L. :H-o. H99lt (1) 0,1 16t.~ w~l...:'u~..y tv l..~ty the~uw1d (la,eea) ""I.ulhi';' (_1, ~_.:h hdlM:'U6J .>1...11 be x.l bael: M lells tlum 1""..,'::' (J) fat tldm........] 1....11;....... ,..~ c::~~~.J(fB.= ::::~ ~ uti ~ tl.:"1] ..:.." th..._...d.d n:i.~.., h.(h~.:kcd u:.....t.~ ....:...... (J9,999) J"t_ob.';' fea, JIlCft. b..Jdi...b" .sh.aH he J~l h.a...L J'l() h........ th...... iLv (5) &x.t &Mi.....} 1....1 Ii:n.... (J) On IvL, w'l~ :... ...~_~ of tk':"'l] ~:.ac tl.............d nm~ h..Mm.::.d .....:..ac~ ...:...~.., (:19,999) ""1-~~ fed -I" tv .........~t) dim. tbu.........J. .6.:"'~ h.att<h~d .~f,~ ...:....~ (19.m) "':l......~ (_1, "'.....1. bHa4:....6" J,hotH b" _1 h&ek .ft.... k,.." &...i b....(19)f..,dt..............] lulL.... (-4) 0.. IDtJ wut:...:....~A .:.... ... of ~.cdt) J1.:....~ 1:I..........d.;l nh.~ h4a1d1cd n:tlie~ ...:...., (79,999) "'1-.t.~ Lt, ".....A h..i:ldi...1!>" Jh:ftR be ~1 hack pu I~ tM.1i t..cll~ (19) (_1 hodl. .......,1...1 h...~. C. Such buildings shall not exceed 660 SQllare feet on lots containinp up to 20 000 SQuare feet and shall not exceed 750 SQllare feet on lots '1) 000 Slluare feet to 60 000 SQuare feet On lot.. over 60 000 souare feet no accessorY building shall exceed three nercent (3%) of the total size of the parcel D. Dormers are nermitted on acces- sorv huildin~ lip to fortY (40%) oercent of the roof width. R Anv accessot;y structure that is not a bllilctinp shall not exceed eifhteen (18) feet in -height and shall he set back at the minimum reauired in Section R above. €:f.)n the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard I2Iin&iI2al setback require- ments as set forth by this Code~ side yard sethack reauiremenLli for ac- cesso~ huildinll's in Section B shove Ill. Se....biDly. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole" or any part thereof other than the part so decided to be unconstitution- al or invalid. JV: Effective date This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Dated: December 19,2006 BY ORDER OF TIlE TOWN BOARD OF TIlE TOWN OFSOUTHOLD Elizabeth Neville, Town Clerk SIn-IT 1111 See Legals, nexl page o (P , COUNTY OF SUFFOLK Tf3/m (i) STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR Of PLANNING November 8, 2006 1"- -R~tmVi:D Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 NOV 1 3 2006 Applicant: Town of South old Sou1istAAlfliidJT&V,lIi'<:lerk Zoning Action: Amendment "Size, Height and Setbacks of Accessory Buildings", Sections 280-4 and 280-15 Public Hearing Date: 11/21/06 S.C.P.D. File No.: SD-06-05 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 Direct ofPlanoing APF:cc G:\CCHORNY\ZONrNGIZONING\WORKING\L02005\MAY\BR04_105.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 . 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 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size, Heie:ht and Setbacks for Accessory Buildine:s" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board ofthe Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January 2007 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size, Heie:ht and Setbacks for Accessory Buildine:s" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 ofthe Zoning Code of the Town of South old is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Anv roof that has a pitch ofless than 3: 12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the rooffor flat and mansard roofs aREI to the mean height setweeH ea'ies and ridge for other type roofs. . and to the highest point of the ridge for sloping and other tvpe roofs. SLOPING ROOF-Anv roof that has a pitch equal to or greater than 3:12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R -400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Sooh Bulngs with a flat or mansard roof shall .exceed eigHteen (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size ( square feet) Less than 10.000 Less than 10,000 Less than 10,000 10,000- 19,999 10,000- 19,999 10,000- 19,999 20,000- 39,999 20,000- 39.999 20,000- 39,999 40,000 -59,999 60,000-79,999 80,000 and over Maximum Height (feet) Minimum Setback (feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 Setbaeks. [,'\mellded 7 17 1990 b)' 1.1. No. I4 1990; 2 5 1991 by 1.1. No.2 1991] (I) On lots eOlltaiFling IJfJ to tweFlty tHousand (20,000) square f-eet, sueH buildillgs SHall be set l3aelc no less tHan tHree (3) feet from all)' lot line. (2) On lots eOlltaillillg more tHan twemj' tHousand (20,000) square feet up te tHirty nine tHousand lIine HlIHdred nillet)' nine (39,999) square feet, sueh buildings SHall be set baele no less tHan five (5) feet from an)' lot line. (3) On lots eomaining in e)[eess of tHirt)' nine tHousand nine Hundred lIillety nine (39,999) square feet IJfJ to sevellt)' lIine tHousand nine HlIHdred lIillety nine (79,999) square feet, sueH l3uildings SHall be set baele no less than ten (10) feet from an)' lot lifle.c ( 1) On lots eontaining ill e)[eess of se'/em)' nine tHousand lIine RUlldred ninet)' nine (79,999) squal'e feet, sueR buildings shall be set l3aele 110 less tHan tv..em)' (20) feet from an)' lot line. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessorv building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessorv buildings UP to fortv (40%) percent of the roof width. E. Anv accessorv structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front- yard principal setback requirements as set forth by this Code, and the side vard setback requirements for accessory buildings in Section B above. III. Severabili~ . If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Dated: December 19, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 11,2007, AND FORWARD ONE (I) 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 Southold, New York being duly sworn, says that on the R day of ~~ ' 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. PH for Size, Height & Setbacks Accy Buildings 1/19/077:40 pm ~~/.40~,J..& lizabeth A. Nevi e Southold Town Clerk Sworn before II}'i this ~daYOf \t~006. ~~~ ~ otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 trJ. ! Town of South old - Letter. Board ~ng of December 19, 2006 RESOLUTION 2006-996 ADOPTED Item # 45 DOC 10: 2421 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-996 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON DECEMBER 19, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size. Heieht and Setbacks for Accessory Buildines" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th dav of January 2007 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size. Heieht and Setbacks for Accessory Buildines" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II.Chapter 280 of the Zoning Code ofthe Town of Southold is hereby amended as follows: Generated December 20, 2006 Page 61 Town of South old - Lette. Board _eting of December 19,2006 S 280-4. Definitions. FLAT OR MANSARD ROOF-Any roof that has a pitch of less than 3: 12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs amI to the mean height Between eaves and ridge for other ~Yjle reefs. . and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF-Any roof that has a pitch equal to or greater than 3:12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. 800h Buildings with a flat or mansard roof shall not exceed eighteen (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size (square feet) Less than 10.000 Less than 10.000 Less than 10.000 10.000- 19.999 10.000- 19.999 10.000- 19.999 20.000- 39.999 20.000- 39.999 20.000- 39.999 40,000 -59.999 60,000-79.999 80.000 and over Maximum Height (feet) Minimum Setback (feet) 18 20 22 18 20 22 18 20 22 22 22 22 3 5 10 5 15 20 10 15 20 15 20 25 SetBaeks. [.'.mended'7 17 1990 BY L.L. No. 14 1991l; 2 5 1991 by L.L. No.2 1991] (1) On lots eontaining lip to twenty ~hollsand (20,000) sqll(l!'e feet, slleh Buildings shall Be set Bask ne less than tMee (3) feet from any lot line. (2) On lots eontaining more than twenty thousand (20,OQO) square feet up to thirty nine thollsand Ilille hlllldred Ilillet)' Ilille (39,999) square feet, slleh Bllildillgs shall Be set baek 110 less tRan five (5) feet from any lot lille. (3) 011 lots eentailling ill e)(6ess of thirty nine thollsand nine l'lllndred ninety nine (39,999) sqll(l!'e feet lip to seventy Ilille thellsand nine hllndred ninety nine (79,999) sqllare feet, sueh IJllildillgs shall Be set Bade no less than ten (1 Q) feet from any lot line. Generated December 20, 2006 Page 62 " Town of Southold - Letter. Board ~ing of December 19, 2006 (4) OB lots eeBtaiBiBg iB e)[eess of SOyeBt)' BiBe t!lollsam! BiBe Il.lIBarea Billet)' Ilillo (79,999) sqllare feet, slleh slIildiBgs shall se set saele BO less thaa t?/eBty (20) f-eet from aBY lot lille. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20.000 square feet. and shall not exceed 750 square feet on lots 20,000 square feet to 60.000 square feet. On lots over 60.000 square feet. no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings UP to fortv (40%) percent of the roof width. E, Anv accessorv structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code. and the side vard setback requirements for accessory buildings in Section B above. III. Severability. If any clause, sentence. paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. Strike-through represents deletion. Underline represents insertion. P&j-U~,tQ.tX'IL.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr, Generated December 20, 2006 Page 63