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HomeMy WebLinkAboutLL 2008 # 9SOUTHOLD TOWN BOARD PUBLIC HEARING July 29, 2008 4:40 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman Vincent Orlando Absent: Councilman William Ruland This public hearing was called to order at 5:09 PM 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 I st day of July, 2008, a Local Law entitled "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold', 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 29th day of Jul¥~ 2008 at 4:40 p.m.~ at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold', reads as follows: Local Law No. 2008 Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law will reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to Inclusionary Zoning Amendments Public Hearing July 29, 2008 the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. 2 This Local Law changes the "priority" groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that affordable housing is still a crisis for local residents. Suffolk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town's housing registry. Incomes of local residents in need of affordable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affordable housing within the Town. Section 2. Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. [ 1] Twen~. ~ percent of the lot yield as determined pursuant to § 240-10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affbrdable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280- 30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number. [2l Upon application to the Plannin~ Board, the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant's choosinR any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variet~ of affordable housing opportunities within the Town. Inclusionary Zoning Amendments Public Hearing July 29, 2008 [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town Board and shall consider factors such as the average cost of building lots~, and costs of construction and median income in the Town of Southold. [b1 The applicant may build all of the units in another location within the Town of Southold. [c] The applicant may provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. [d] lfthe this option is chosen and a waiver of the requirement to build MIFDUs in the subdivision is ..... :a~a :- approved, v .......... Subgcction nf'~w.xmm.~ ~. r~ :o ~ .... the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be MIFDU units. [31 Fee Waiver. An applicant shall receive a waiver of all application fees~ building permit fees~ plan review fees, inspection fees, park and playground lnclusionary Zoning Amendments Public Hearing July 29, 2008 fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. [41 Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adiusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. 151 Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [61 Appeal. A developer of any proiect subiect to the requirements of this chapter may appeal to the Town Board for a reduction, adiustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionary requirement. Section 3. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property holdings and e~lui~, oersonal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRA's, 401k, and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide, if applicable. PRIMARY RESIDENCE- The address listed on a person's Federal Income Tax return. Inclusionary Zoning Amendments Public Hearing July 29, 2008 § 280-30. General regulations and requirements. C. Eligibility {non-age restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived~n~J,~-in the Town of Southold in the same school district as the dwelling unit or lot for a period of at least ene three years prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least one. ¥~ar three years prior to the submission of their application. (4) Income eligible individuals/families who have previously lived for a minimum of oneffea~ three years in the Town of Southold and wish to retum. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: (1) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five {5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 80% of the HUD median income for Suffolk (2) County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk Coun ,ty and net worth may not exceed twice the price of the unit to be purchased. Inclusionary Zoning Amendments Public Hearing 6 July 29, 2008 (3) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southoid for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holdings within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median (4) income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and who will be divested of all real estate holding within 90 days of the contract execution with proiect sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median (5) income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or over, who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with proiect sponsor. Household annual income may not exceed 100% of the HUD median income for (6) Suffolk Coun .ty and net worth may not exceed twice the price of the unit to be purchased. Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk Coun ,ty and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Also there is a question on rounding, I think when this was submitted as a legal to the newspaper and posted on the bulletin, the idea was that the rounding would always be up. Inclusionary Zoning Amendments Public Hearing 7 July 29, 2008 But in the text that the Town Board discussed today and that I would like to relate to you all today, the rounding provision is as follows: If the fractional requirement is .5 or greater, it shall be rounded up to the next whole number and if the fractional requirement is less than .5, it will be rounded down. I have, again, from the chair of our Planning Board addressed to the Town Board dated July 28th, 'Thank you for your request for comments from the Planning Board regarding the proposed amendments for inclusionary zoning, several of which are a result of recommendations of our Planning Board. We support the proposal.' I have notices here that it has appeared as a legal in the local newspaper and it has also appeared out on the Town Clerk's bulletin board. And I don't believe there are any, thank you, this is from Mark Terry, who is our LWRP coordinator, dated July 29th. 'The proposed local law on the amendments to inclusionary zoning requirements has been reviewed to Chapter 268, the waterfront consistency law. Based upon the information provided on the form submitted to this department as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board on the issue of this inclusionary zoning amendments? Melanie. MELANIE NORDEN: Hi, Melanie Norden, Greenport. How much is in the housing fund? SUPERVISOR RUSSELL: Right now? Next to nothing. MS. NORDEN: Next to nothing. Okay, and when we are talking about buyout, 1 understand we are going to be revising or reviewing that yearly. What would the typical buyout be at present? Based on the .... SUPERVISOR RUSSELL: The problem is right now the buyout is based on zoning, so I will give you an example, when the Heritage developer wants to buy out of the affordable housing there at the HD zoning, he is paying about $17,000 an acre or per unit about $34,000 per unit. What we did is we changed that and benchmarked the value per unit throughout the entire town. Every buyout now, if you want to buyout per unit, it is about $200,000. If you are required to build 10 units and you want to buyout five of them, under the current program depending where your zoning is, it would cost you anywhere from $34,000 per unit to $100,000 per unit. Under the new plan, all five units, no matter what the zoning is, are going to $200,000 for each unit. Or to buy out of five, you need to pay $1,000,000. MS. NORDEN: Okay. And you mean that is across the town, regardless of the location? SUPERVISOR RUSSELL: Regardless of the zoning. MS. NORDEN: Regardless of the zoning. Inclusionary Zoning Amendments Public Hearing 8 July 29, 2008 SUPERVISOR RUSSELL: Right. MS. NORDEN: Okay. But will be based on the relative value of the lot or potential home in a particular location. SUPERVISOR RUSSELL: No. It isn't now and it wouldn't be under the new program. What it would be was it would be based on the relative value of that unit. The money we need to create it elsewhere. The current program doesn't factor that in, when you can buyout at $34,000 per unit, it is a no brainer for the developer to opt out. What we are saying now is, if you want out, you have to pay us enough money so that we can recreate that opportunity elsewhere. MS. NORDEN: That is great. And has this been discussed at all with any potential developers to have a handle in any way about how this if this would in fact achieve what you hope to achieve... SUPERVISOR RUSSELL: No. MS. NORDEN: ...which is...no, okay... SUPERVISOR RUSSELL: It is a mandatory inclusionary zoning, it is not a, it is not a give and take with developers. MS. NORDEN: I had a couple of other questions. It says here, one possible option would be the provision of loans from the buyout funds to assist residents to buy into existing housing stock. SUPERVISOR RUSSELL: Right. MS. NORDEN: Would they be buying into existing housing stock with the same restrictions as outlined in here? SUPERVISOR RUSSELL: Yes. MS. NORDEN: So the existing housing stock would be permanently affordable? SUPERVISOR RUSSELL: No. No. We are working on, we provided for that option in the law although we are still working on how would we finance. The idea here is to see if we can change the focus a little bit to use existing housing inventory rather than build new every time. Levittown approach to affordable housing isn't necessarily always the best approach. We have a lot of inventory. How we are going to extend that, what we will do is we will charge the housing commission for recommendations on how to utilize that and how to use it to extend loans against existing homes etc. They will be making recommendations and bringing them back to us. Inclusionary Zoning Amendments Public Heating 9 July 29, 2008 COUNCILMAN KRUPSKI: It will be more of a revolving fund where the town would loan the money to a homeowner, they would buy a home from the existing market and then when they sold that home, somehow the money would come back to the town and then it could be re-lent. In the meantime, the people who bought that home could increase it in value by building on to it or they could improve it and they could build up their own equity. MS. NORDEN: yeah. That was the very thing though, that we wanted to avoid at some point by having pem~anently affordable... COUNCILMAN KRUPSKI: Yeah, but that money is going to come back, it is going to be a loan... SUPERVISOR RUSSELL: That is not true. COUNCILMAN KRUPSKI: So that money will come back to the Town. MS. NORDEN: In other words, the money that they will make on the re-sale? COUNCILMAN KRUPSKI: No, the money that we have given them .... MS. NORDEN: Well, the revolving fund, I understand, I think that is a great concept. The question I am asking is, what happens if in fact, they borrow XY and Z, they buy a house for $300,000, the improve it, they sell it four years later for $700,000. This is a very volatile market. What happens to the $400,000 profit? SUPERVISOR RUSSELL: What we are looking at is considering the approach, say we are going to extend a $200,000 loan, just for arguments sake. MS. NORDEN: Right. SUPERVISOR RUSSELL: Whether that $200,000 loan would be earned with fixed income, returned to the Town so that when we get that money back someday, we are getting the $200,000 plus interest or we are going to marry it to the equity growth. But you have to, I don't think it is the goal of affordable housing to not let people earn equity. The goal is not lose the option to create affordable housing opportunities down the road. Some of the past programs, the problem with them wasn't that people earned equity, was that got moved out of the housing inventory of the affordables. By turning it into capital, we will still have access to that inventory, it will just be in the form of money, instead of the former housing. On top of that, you are not building new housing, you are using the existing inventory and encouraging people to invest in it, fix it up and (inaudible). MS. NORDEN: No, I understand that but you are using, but you are also then, you are limiting then de-limiting that existing housing stock in perpetuity by allowing people to make a, to make the standard real estate profit on that. In other words, if you believe there is only the certain core amount of housing within the town that would ever be Inclusionary Zoning Amendments Public Hearing July 29, 2008 10 possibly within striking distance of somebody that wants an affordable unit, if you loan people the money which I think is great and having a revolving loan fund is great and making developers really pay the buyout is great, however, what you have really done is like in the case of either new developments or old ones, you have removed that house from future affordability. And at some point, you know, there will only be a certain core amount of housing stock within the Town of Southold that will be within the striking distance. So you have made some people, you have given some people the American dream which is fabulous but the housing stock, which would be there for other people in five or ten years from hence, may not be. SUPERVISOR RUSSELL: I have to disagree with that. I think the history of the real estate market in the last 15, 20 years in Southold Town saw opportunities that were virtually limitless with affordable opportunities back in the almost entire decade of the 90's, almost every house was within striking distance of affordability. The distinction was people not having the money to buy them. That is why we built Gabriella Court, because we were grants to offset the purchase price but every house across the street in Mattituck Estates were selling for what they were selling for. Markets change, this will be flexible for these market changes. And there will be times that there will be a huge availability of aftbrdable houses and other times where there might not be. That is why we will have the funds to create those affordable housing on the ground. In other words, you have to be, you have to work with the market you can't be oblivious to it. There are times when the buying opportunities will be there, times when we will need to build. But what you need to do is get away from that same old model where every time you need housing you run out and build it. That is a bad model and it is at the end of the day, what really will .... MS. NORDEN: No, I absolutely agree with that, I mean, I do agree certainly with revitalization of current housing or present housing and I think that is really the way to go. My only question was, whether that present housing stock, once revitalized, would remain aflbrdable. And that was a question that I had. SUPERVISOR RUSSELL: Yeah. MS. NORDEN: So the idea of loaning people money I think is great, using existing housing stock as opposed to depending on developers to create that kind of housing and sprucing up so many wonderful old houses around here by giving them a new lease on life, all of that is fabulous. My question just was, would those houses remain affordable? SUPERVISOR RUSSELL: No, they wouldn't, that we can foresee. But I think you need to remember is that as time goes on, houses that were in good shape today become derelict tomorrow, so opportunities always present themselves. MS. NORDEN: Right. SUPERVISOR RUSSELL: And when they don't, we can still build on ground. We still have, the idea is to create a fund that we can work with. You can't create opportunities Inclusionary Zoning Amendments Public Hearing 11 July 29, 2008 when you have no money. MS. NORDEN: Okay. The other question I had with respect to a developer having the opportunity to transfer the rights to another location, if in fact they did that, would the initial, would the fees that are in discussion, playground fees blah, blah, blah, would they be waived on the property that is to be developed? Even though, no... SUPERVISOR RUSSELL: Only the affordable. MS. NORDEN: Only the affordable. So if they relocate the affordables, there is no waiver of fees? SUPERVISOR RUSSELL: No waiver of fees for the standard subdivision. The waiver of fees would come in when we talk about the location of those five or six units elsewhere. COUNCILMAN KRUPSKI: And that is something that would be sort of pre-determined by the Planning Board before the application goes through the process. It wouldn't decide at the very end where they are going to relocate the affordables to. MS. NORDEN: Right. COUNCILMAN KRUPSKI: There would be sort of a planned, staged event. There wouldn't be any surprises at the end. SUPERVISOR RUSSELL: That is one component that is most problematic for me, personally. But again, it is in the legislation so that we have flexibility as we go down the road because I don't think you are going to solve affordable housing with one singular approach. You need to be as open minded as possible because the challenges differ from market to market, buyer to buyer etc. And you need to have that flexibility. MS. NORDEN: Right. Thank you. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this issue of....Philip Beltz. PHILIP BELTZ, SPECIAL PROJECTS COORDINATOR: Good evening. Philip Beltz, Special Projects Coordinator. There is a slight omission. The Housing Advisory Commission sent a letter on July l0th. NO one is here from the Commission, so I would like to just briefly read it and also echo my agreement with her sentiment. 'The Housing Advisory Commission has reviewed the proposed alteration, additions, revisions to the Town's inclusionary zoning code as well as definitions and requirements for eligibility for the Town's affordable housing program. We have found the proposed amendments to be well thought out and wholly satisfactory. If enacted, compliance with inclusionary zoning regulations will be less complex and more manageable than current regulations. The proposed changes will offer desirable flexibility for both developers and the Town. The Housing Advisory Commission believes that the new sections cover more areas and Inclusionary Zoning Amendments Public Hearing July 29, 2008 12 with specificity, thereby requiring less interpretation. The new language and proposed code changes will clarify and support the intent of the Town's affordable housing policy which is to increase affordable housing opportunities for Town residents, particularly for those over age 55. In summary, we fully endorse the proposed legislative changes and urge the Town Board to do the same. Thank you.' And then, I personally as Special Projects Coordinator would like to just offer that we have been working, working with the Town Board for well over a year and discussing many of these changes. And I think that sound policy is really looking at certain things that you have enacted in the past, see what works, what doesn't. I in particular like the flexibility, I like the ability to locate elsewhere, the buyout option, the incentives for developing the moderate income family dwelling units, building them, also the legislation requires that the MIFDU's be built concurrently with the market, so that way somebody doesn't just build the market element and then walk away and then lastly, I strongly encourage that the revisions to age restricted housing in the event of the development of age restrictive housing, that it provides the original intent which is for our own local residents, allowing them opportunities to be residents. Thank you. SUPERVISOR RUSSELL: I am sorry, Phil, but during the work session, we, you used one of my proposals. You used the word brilliant. We are on TV tonight, don't shy away. Would anybody else like to address the Town Board on the issue of inclusionary zoning? Tom. TOM MCCARTHY: Good afternoon, Tom McCarthy, Southold. I applaud the town on the change, I think it is a great way to go. We are changing the formula, the previous formulas did not allow for one affordable housing unit to be built. With the rounding issues, the way that the math worked out, you could only build zero and then it jumped to two. Now there are some smaller subdivisions that allow that developer to build one affordable unit. I have a couple of questions just on what formula is being used. is there a particular formula or is it just the consensus of the Town Board for the buyout of... COUNCILMAN WICKHAM: The regulation, as we are about to enact on it, says that the figure will be adopted each year by resolution of Town Board. We have not yet adopted, the Supervisor mentioned earlier on the formula that would be pegged to the median family income in Suffolk County. That figure, if you use that same formula, would be on the order of $200,000. But we haven't adopted that yet. I think there is going to be some discussion on the part of the Town Board. My own view is, it should be higher than that. But different Board members will have different points of view. I don't think it will be any less. SUPERVISOR RUSSELL: Let me just, when we tried to wrestle with the idea of creating a buyout proposal, my original proposal was to marry it to the market. Develop a median price for entry level housing as it exists. Develop the sale price based on HUD guidelines for affordable entry level housing and the difference between those two would be the buyout option because that would be the gap we needed to close to get people into the housing. What happened was, markets change. Right now to do an appraisal on entry level housing would be nearly impossible. We don't even have a selection of sales. Inclusionary Zoning Amendments Public Heating July 29, 2008 13 The idea was, HUD comes in each year and establishes income guidelines for our programs. What we were doing was taking the median income for a family of four, if I am not mistaken, and multiplying that by two. And that would give you the buyout option per unit. It is established annually by HUD, we multiply it by two. That gives the buyout cost each year. It is empirical, it is traced forward, it doesn't require discretion in, after the appraisal practice which is fairly uncertain, it is a very empirical, straightforward way to do that. It also more or less reflects some thinking in the State of New York with regard to creating buyout options for inclusionary zoning. MR. MCCARTHY: Okay. The only thing, I might ask you to be flexible in the future is interest rates change and incomes don't, it will change your spread of aflbrdability, depending on mortgages that are available in the market. Today we have very low interest rates, in the sixes and sevens .... SUPERVISOR RUSSELL: Sure. MR. MCCARTHY: We have got a mortgage rate environment that is in the nines or tens with median income that really doesn't move substantially and affordability is still going to change based on the monthly payment for those individuals. SUPERVISOR RUSSELL: It will be. And again, you have to be cognizant of markets and they are not always perfect. I talked about the 1990's before. You and me both know there were houses out there a dime a dozen at $135,000 or less but the interest rates at 9 and 10 percent made them untouchable. The idea here is to create the income for the town, with a meaningful buyout so if we are not going to get the housing on the ground, we are at least going to get the resources to create meaningful housing elsewhere through a variety of options, existing housing stock, building with site locations you know, sponsoring the construction ourselves, perhaps offering loans against existing housing stock, perhaps creating accessory apartments. It is, you know, again, you can't create options when you have no money. At least this provides a menu of options for the Town. MR. MCCARTHY: It is great to have more tools in the toolbox that you had before, depending on when the opportunities present themselves. The last question is, in looking at the code itself, can you meet the requirements and the intent of the code by creating an affordable rental? If you are doing, let's say, a subdivision and you come up with X number of units that need to be created. I believe if you look at the code, you need to create an MIFD unit. Can you accomplish the goal of affordable housing by creating something that is permanently affordable on the rental side as opposed to the purchase side? And how does that tie in? SUPERVISOR RUSSELL: I would refer that to the Housing Commission, to let them evaluate those proposals and you know, it is their charge to determine how we meet these needs and certainly the affordable rental approach is a realistic or viable option perhaps but I want them to know more about the details and then refer to the Town Board what their thoughts are. Inclusionary Zoning Amendments Public Hearing 14 July 29, 2008 COUNCILMAN WICKHAM: The code currently provides for that. MR. MCCARTHY: I see that as being perhaps a more accomplishable option in many of the downtowns than perhaps the creation of another unit with the inherent costs that are associated with it. SUPERVISOR RUSSELL: Right. MR. MCCARTHY: I would encourage you again to look at, I know that this code started off a number of years ago when we started having the five acre versus two acre debate and this was included in some of that legislation. I would encourage the Town Board maybe take another look at it in 24 months and see how are we doing, just to kind of put a dipstick into the process. No units have been created since the first legislation came along, you are giving it a great chance to really make something happen today. I would encourage you to look at it again in 24 months and see if the changes today were really effective in trying to accomplish what you are setting out to do. SUPERVISOR RUSSELL: Thank you. MR. MCCARTHY: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the issue of inclusionary zoning? COUNCILMAN KRUPSKI: Well, I just wanted to give the last Town Board credit for passing the inclusionary zoning in 2004 because that is really the foundation that we are building this on. And then that plus the Supervisor's brilliant idea of a year and a half ago .... COUNCILMAN ORLANDO: I don't recall that word being used. SUPERVISOR RUSSELL: You weren't there. COUNCILMAN KRUPSKI: But it was a very good idea and I am glad to see that we are on our way to implement it. This hearing was closed at 5:35 PM Southold Town Clerk COUNTY OF SUFFOLK DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNTY EXECUTIVE September 30, 2008 THOMAS ISLES, AICP DIRECTOR OF RLA~NING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Amendment Sections 280-25,280-30, 240-10B.(2) "Inclusionary Zoning Requirements in code of the Town of Southold (Resolution #658) SCPC File No.: SD-08-06 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 Chief Plarmer APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 4TH FLOOR P.O. BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-404z DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTCS-V,~ZQUEZ SECRETARY OF STATE Lynda M Rudder Town Clerk Town Hail, 53095 Main Road PO Box 1179 Southold NY 11971 August 28, 2008 RECEIVED 8EP - 2 2008 Southold Town Clerk RE: Town of Southold, Local Law No. 9, 2008, filed on August 22, 2008 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 our website, www. d os. state, n y. u s/co rp/misc, htm l. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 W'vWV.DOS.STATE.NY.U S E-MAIL: INFO,DOS.STATE.NY.US Page 1 of I Cooper, Linda From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 Attachments: Notice to Adjacent of PH.dot; LEGAL NOTICE #2 8-21-08,doc; B & B in MI, Mil 9-9-08.doc; CPF Mgmt & Stewardship Plan 9-9-08.doc; Farm Stands 9-9-08.doc; Inclusionary Zoning enact resolutiondoc As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Lind ooper Deputy Town Clerk Town of Southold 631-765-1800 Dfe may not be the par~y we hoped fo~ but as long as we're here we m~ghts as well dance! 8/20/2008 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 Augustl9,2008 R~CEIV~D SEP 1 0 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Soulhold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at 3,our earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suflblk County Department of Planning Village of Greenport Town of Riverhead EmaiI: Southold Town Planning Board Southold Town Assessors S~tl~e, Received Bry~ t ~ Date: ~ ,11~.~.,.~ 7. '/~ [@ ~.tO Title: ~~.~I~o ~ Pl~s~-p~int name' ' 2 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Augustl9,2008 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 AUO 2 2 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS or the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: A~nendments lo Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Depamnent Jure, Receivkdol~y Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork. net August 19, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Sufiblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors //~ (S~outhold Tov~n, Building Department (--~>igna/ure, Receiy4d Yt 3C Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title:c~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVIIJ.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net RECEIVED 4 2008 $outho~d To~n Uer~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC ltEARINGS on the proposed Local Laws listed below on September 9, 2009: ~: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" O/7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Toxvn Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the ]'own of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors ~S~v/thold Town Build(~ Department S~ILature, geceivgd B~ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF 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 August 19, 2008 PL[:.ASE TAKE NOTICE that the Town Bohrd of the Town of Southold will hold PUBLIC ItEARINGS on thc proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in.to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and als() LEAS[: TAKE NOTICE that the Town Board of the Town of Southold has Enacted the tbllowing Local Laws listed below on August 12. 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this l'etter and return to me at your earliest convenie, nce in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport .. Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors So~Jthold Town BulldOg Department Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of 8outhampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF 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 August 19, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC ltEARINGS or the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments lo Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Emaih Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, R~cei~/ed~By Please print na~e - / Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title:~ RECEIVED AU~ 2 5 2008 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVHJ,E 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 August 19, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC the proposed Local Laws listed below on September 9, 2009: ItEARINGS on 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laxvs listed below on August 12, 2008: Local l.a~v #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the sell-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: 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 Sig~qature, Receiv~.d l~y ' Op le a~se~ri~n n~ag )'cd~4~ ¢t4~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK [zdo¢ RECEIVED 21 2008 $outhdd Bwa Clerl~ Page 1 of 1 Cooper, Linda From: Webster, Kevin Sent: Thursday, August 21, 2008 9:11 AM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 I did receive this emaiL Kevin From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email, Thank you Linda J. ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe mo) not be the parO~ we hoped for bu! as long as we're here, we ,nights as well dance ~ 8/21/2008 Page 1 of 1 Cooper, Linda From: Jones, Martha Sent: Wednesday, August 20, 2008 1:17 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 I gotyou babe. ..... Original Message ..... From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:1! PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/nc/a J;. eeper Deputy Town Clerk Town of Southold 631-765-1800 L!fe ma3 not be the parO, we hoped fot; bl~t as long as we're here, we mights as well dance~ 8/2O/2OO8 Page 1 of 1 Cooper, Linda From: Bunch, Connie Sent: Wednesday, August 20, 2008 1:36 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Got it From= Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PH To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Had:ha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject= Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/nc/a ,7.. Wooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the parO, we hoped fo~ bu! as long as we're here we mights as well dance~ 8/20/2008 Page 1 of I Cooper, Linda From: Sent: To: Cc: Lanza, Heather Wednesday, August 20, 2008 1:20 PM Cooper, Linda Randolph, Linda Subject: RE: Notices of PH for 9/9/08 Received and forwarded to the Planning Board From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Flartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/nda ,Z. ooper Deputy Town Clerk Town of Southold 631-765-1800 Dfe may not be the parO' we hoped fi~r bu! as long as we're here. we mights as .,ell dance/ 8/20/2008 Page 1 of I Cooper, Linda From: Cantrell, Elizabeth Sent: Wednesday, August 20, 2008 1:13 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Received Thank you Linda E Cantrell From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; .]ones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/nda Z Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the par~ we hoped fo~ b ul as long a~ we're here, we mights as well dance i 8/20/2008 Page 1 of 1 Cooper, Linda From: Kowalski, Linda Sent: Wednesday, August 20, 2008 1:19 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 I have checked off confirmation of the read receipts for today and yesterday's emails with local law attachments sent (thought the other read receipts would have been ok as in the past, but it's ok if you wanted an additional receipt confirmation), "receipt confirmed" Thanks, ZBA Town of Southold Office Location: 54375 Main Road (NFB 1st Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (63 I) 765-1809 (ext. 5011 at voice recording) fax (631 ) 765-9064 8/20/2008 Page I of 1 Cooper, Linda From: Cappabianca, kucille Sent: Wednesday, August 20, 2008 2:31 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Receipt confirmed! ..... Original Message ..... From: Cooper, Linda Sent: Wednesday, August 20, 2008 I::H PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via emaik Please confirm receipt of this emaik Thank you Lim a Z ooper Deputy Town Clerk Town of Southold 631-765-1800 Life mc~l, not be the party 'a,e hoped for. but as long as ire're here, lye mlghls as '~,ell dance~ 8/20/2008 r~, USAirbill~,-~,~,~ 86~9 6235 7324 %mbe; Express ACCOUnt Number 10~7-702~-8 Sender's EL I ZABE'TH NEVI LLE Name Phone (~3 ~. )7(=5--1800 TOWN OF SOUTHOLD Company 53095 ROUTE ;)5 Address SOUTHOLD NY 11971-4642 ZIP Phone J ~. N~/ z,P 1203/ 0359685758 4a Express Package ~e~ice / FedEx Priorb/Overnight dEx Siandard Overnight [] ..... ~.~,~ ~,¢_~"~ ~_. FedEx 2Day FedEx Express Saver 4b Express Freight Sewice FedEX 1 Da Frei ht* FedEX 2Day Frei ht ~ing [] FedEx Pak* [] FedEX [] FedEX [] Other Recipient [] ~ird Parq [] Credit Car~ [] Cash/Check ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Sout.hold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Jui'y 16 2008 Federal Express Linda Lasch New York State Department of State State Records and .L~w Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 9 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, i am enclosing herewith certified copies of Local Law Number 9 of 2008 of the 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. Enclosures Very truly yours, Lynda M Rudder Southold Deputy Town Clerk cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE S'I REET ALBANYINY 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. 21 County [] City [] Town of [] Village SOUTHOLD l,ocal Law No. 9 of the year 2008. A Local Law entitled, A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold it enacted the Town Board of the: 21 County [] City [] Town of rn Village SOUTHOLD Section 1. Purpose The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in O preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law will reduce the required set- aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. This Local Law changes the "priority" groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. DOS-239tRev 05/05) (If additional space is needed, attach pages the same size as this sheet, and number each.) The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that aflbrdable housing is still a crisis for local residents. Suffolk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town's housing registry. Incomes of local residents in need of aflbrdable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affordable housing within the Town. Section 2. Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Aftbrdable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. ill Twenty percent of the lot yield as determined pursuant to § 240-10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually aflbrdable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is .50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than .50. [21 Upon application to the Planning Board, the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant's choosing any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. Iai The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town Board and shall consider factors such as the average cost of building lots, costs of construction and median income in the Town of Southold. lb] The applicant may build all of the units in another location within the Town of Southold. Ici The applicant may provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing aflbrdable housing on the site. The property must bc acceptable to the recipient as a viable site for aflbrdable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. If the this option is chosen and a waiver of the requirement to build MIFDUs in the subdivision is approved, the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be M1FDU units. [3l Fee Waiver. An applicant shall receive a waiver of all application fees, building pem~it fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. 14] Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [5] Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [6] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionary requirement. Section 3. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRA's, 401k, and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes o1' determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide, if applicable. PRIMARY RESIDENCE- The address listed on a person's Federal Income Tax return. § 280-30. General regulations and requirements. Eligibility (non-age restricted). In each AHD, the sale or lease of dwelling units and unimproved 3 lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (i) Income eligible individuals or families who have lived~,vodted-in the Town of Southold in the same school district as the dwelling unit or lot for a period of at least three years prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least c, nc year three years prior to the submission of their application. (4) Income eligible individuals/families who have previously lived for a minimum of three years in the Town of Southold and wish to return. (5) To all other eligible applicants. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: (1) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate, ltousehold annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (2) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (3) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estatc holdings within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (4) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not 4 exceed 100% of the HUD median income for Suflblk County and net worth may not exceed twice the price of the unit to be purchased. (5) Income eligible individuals or families where the head of household is age 55 or over, who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (6) Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suflblk County and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 9 of 20 08 of the (Czxnty)(C~:y)(Town) ('.':.!!ag>z) of SOUTHOLD was duly passed by the TOWN BOARD on August 12__, 20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) 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)(re-passed after disapproval) by the and was deemed duly adopted on 20___ 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 thc 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 ora 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 final adoption because no valid petition was filed requesting 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 afier 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 of law. * Elective Chief Executive Officer means or Includes the chief executive officer ora 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. 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) of the Municipal Home Rule Law, and having received the affirmative vote ora 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 ora 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.) O1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (Seal) Clerk ofth(~Jounty legi~/ative body. C~t~. T~wh ~'r Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 19, 2008 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK Patricia A. Finnegan, Kieran Corcoran~ Esq.~ A~stant Tarn Attorney Title Town of Date: SOUTHOLD August 19, 2008 Southold Town Board - Letter Board Meeting of August 12, 2008 RESOLUTION 2008-747 ADOPTED Item # DOC ID: 4128 THIS IS TO ,CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-747 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 1'2, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the Ist day of July, 2008, a Local LaTM entitled "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold", reads as follows: Local LaW No. ~ 2008 Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in thc subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law xvill reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. Generated August 18, 2008 Page 6 Southold Town Board - Letter Board Meeting of August 12, 2008 This Local Law changes the "priority" groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that affordable housing is still a crisis for local residents. Suffolk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town's housing registry. Incomes of local residents in need of affordable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affordable housing within the Town. Section 2. Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. [1 ] Twenty :r-wemD~¥ve percent of the lot yield as determined pursuant to § 240- 10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of M1FDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is .50 or greater~ and shall be rounded down to the next whole number if the fractional requirement is less than .50. [2} Upon application to the Planning Board~ the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant's choosing any one or combination of the following; options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. Generated August 18, 2008 Page 7 Southold Town Board - Letter Board Meeting of August 12, 2008 [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town Board and shall consider factors such as the average cost of building lots~_ and costs of construction and median income in the Town of Southold. [b] The applicant may build all of the units in another location within the Town of Southold. [c] The applicant may provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. [d] lfhhe this option is chosen and a waiver of the requirement to build MIFDUs in the subdivision is approved~ provided in Subsection E(2)(c)[2][b] or-[eqqs-ehosem, the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be MIFDU units. 131 Fee Waiver. An applicant shall receive a waiver of all application fees~ building permit fees~ plan review fees~ inspection fees~ park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitao, Flow Credits purchased Generated August 18, 2008 Page 8 Southold Town Board - Letter Board Meeting of August 12, 2008 pursuant to the provisions of Chapter 117. [4] Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adiusted by the Planning Board when necessary in order to account for different financing and funding envlronments~ economies of scale~ and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [5] Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [6} Appeal. A developer of any proiect subiect to the requirements of this chapter may appeal to the Town Board for a reduetion~ adiustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inelusionary requirement. Section 3. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the ibllowing meanings: ASSET- Includes real property holdings and equi .ty~ personal property (car, boat, etc.) valued in excess of $10~000~ savings~ eash~ IRA's~ 401k~ and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide~ if applicable. PRIMARY RESIDENCE- The address listed on a person's Federal Income Tax return. § 280-30. General regulations and requirements. Generated August 18, 2008 Page 9 Southold Town Board - Letter Board Meeting of August 12, 2008 C. Eligibility {non-age restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived~ml4vovked-in the Town of Southold in the same school district as the dwelling unit or lot for a period of at least one three gears prior to the submission of their application. Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. {3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least .~nc year three years prior to the submission of their application. (4) Income eligible individuals/families who have previously lived for a minimum of ene year three years in the Town of Southold and wish to return. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priori ,ty: (1) Income eligible individuals or families where the head of household is age 55 or overt who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and do not own real estate. Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (2) Income eligible individuals or families where the head of household is age 55 or over~ who have had a primary, residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (3) Income eligible individuals or families where the head of household is age 55 or over~ who have had a primary residence in the Town of Southold for a period of at least five {5) years prior to the submission of the application~ and Generated August 18, 2008 Page 10 Southold Town Board - Letter Board Meeting of August 12, 2008 (4) who will be divested of all real estate holdings within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk Coun .ty and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or overt who have had a primarY residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not (s) (6) exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or overt who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and who will be divested of all real estate holding within 90 days of the contract execution with proiect sponsor. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Thomas H. Wickham Generated August 18, 2008 Page 11 RECEIV~D AUG 1 8 2008 DEPARTMENT OF PlaNNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE August 6, 2008 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: A Section 280-25,280-30, 240-10 B.(2) "Inclusionary Zoning Requirements in the Code of the Town of Southold (Resolution #658)" SCPC FileNo.: SD-08-06 Dear Ms. Neville: Pursuant to the requirements ofNYS GML 239m 3. (a) (ii) the Suffolk CountyPlanning Commission on August 6, 2008 reviewed the above captioned application and after due study and deliberation resolved to Approve it with the following comments: · Consideration should be given toward developing standards/criteria for setting the value for the pricing of affordable units; · Consideration should be given toward developing standards/criteria for allowing payment in lieu of affordable units; · Consideration should be given toward developing standards/criteria for the approval and siting of off-site construction of affordable units; · Consideration should be given toward mitigating potential impacts associated with local preferences, such as racial and socioeconomic segregation. · Consideration should be given toward adding additional incentives to the inclusionary zoning ordinance such as fast tracking, density bonuses or waiver of all fees. Very truly yours, APF:cc Thomas Isles, AICP LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-519' 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-404~ 08/11/~008 1~:~3 651-853-~0a~ DEPARTMENT oF PLANNING S C PLANING DEPT COUNTY OF SUFFOLK SUFFOLK COUNTY F_XECUIIVE Au~st 6, 2008 PAGE 02 AUG I 1 2008 THOMAS ISLES, AJCP C~RECTO~ o~ Ms, Elizabetlz N¢~Q~-, Town Cl~rk Town of Southo]d Plazlzxing Bal. 53095 Main Road- P.O, Box 1179 Southokl, NY 11971 Re: A Section 28045, 280-~0, ~40-10 B.(2) "].ncludonary Zoriillg Rcq~tr. cmcllts i~ thc Codc of-tho Town of Southold (R~solutien #658)" SCPC File No.: Dear Ms. Neville: pwsuant to thc rcquiremen~ ofNYS (~ML 159m 3. (a) (ii) the 5~.ffolk CoulltyPJnn'aing Comlni~sion on AuguSt 6,200 $ rcvic~vcd thc above captioned application and a.t'~r due study and deliberation resolved to Approve it will: th~ followi~g · Corisideration should be given toward developing stauda,rd,s/~Iimria for setting tile value for rh~ pri~in8 of aiTotd~ble u~its: · Consideration should bo givc~ toward dcvclop~g ~t,~dards/ciitc~Jli for allowing paym¢-~t in lieu of affordable · Con.sid~ration should be given to,yard developing itandards/crimria for the approval alld siting of o f~'-g tlc coristruetiol2, of affordable units; · Consideration should be glv'~ll towaixi ~tigating por~mtial impacts associated with local prcfercaccs, such as racial a~d socioeconomic segregation. · Cotxsidcta£ion should be giv~l towazrl ~dding additional incentives to thc inclusi0riaz3, ordinance s~h as fast ~"acking, demsity bonuses or waiver of all V~-ty truly yours, Thomasbl~,ATCP Chi¢~lann~r ,' A?~:cc LOCAllON M/~U N~ ,~DDRESS '.' '-' ,--' 3191 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCOP~AN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny, us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.haise@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED MEMORANDUM To: From: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney AU~ 6 2OO8 Soufhold Town Clerk Date: August 4, 2008 Subject: Inclusionary Zoning Local Law/SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Members of the Town Board (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) . 7.20 ORIGINAL Appendix C 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) 1. APPLICANT/SPONSOR /2.PROJECT NAME Town of Southold / A Local Law in Relation to amendments to lnclusionary Zoning 3. PROJECT LOCATION: Municipality TownofSouthold County Suffo]~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Southold Town Hall PO Box 1179 53095 Main Road, Southold, New York 11971 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: iLocal Law in Relation to amendments to lnclusionary Zoning requirements in the Code of thc Town of Southold. 7. AMOUNT OF LAND AFFECTED: Initially l~A acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~_J Yes [~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? J [ Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~]No I CERTIFY THAT T~i~ INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ScottA~:ell, Supervisor Date: 7/29/08 If the action is in the Coastal Area, and you are a state agency, complete the ~ Coastal Assessment Form before proceeding with this assessment I OVER t PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. D6ES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes I'~-"l No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surfaco 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 resourcos; 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. C5. C6. C7. 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 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Long term, short terrn, cumulative, or other effects not identified in Cl-C57 Explain briefly: None 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)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: - D~- ~ ~-KMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determinewhetheritissubstantial, large, importantorotherwise significant. Ea¢ 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 contai sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checke yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CE/ ] Check this box if have identified adverse impacts which MAY occur. Then proceed directly to the FUL you one or more potentially large or significant EAF and/or prepare a positive declaration. [] Checkthis box ifyou have detenmined, based on the information and analysis above and any suppotting documentation, that the propesed action WlL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatio~ Town of Southold Town Board 7/29/08 Name of Lead Agency Scott A Russell Print or Type~~ Agency Signat~Fe-ff Responsible Officer in Lead Agency Date Supervisor Signa"~'"'"'~~sible offica~.~'~er) RESOLUTION 2008-742 ADOPTED DOC ID: 4124 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-742 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "._~A Local Law in Relation to amendments to InclusionarV Zoning requirements in the Code of the Town of $outhold" 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 of Mark Terry dated July 29, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland 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 July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk ~ttachments CC: Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Suflblk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Please print name 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 SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTPAR 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 July 14, 2008 RECEIVED JUL 2 1 2008 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suftblk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments 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 t urn, -Rectally 7 ' - tse pnnt '/ / 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 July 14, 2008 PLEASE I'AKE NOTICE that the Toxvn Board of the Town of Southold will hold P[/BIJIC I{EARINGS on thc proposed Local Lav~s listed b. elow on July 29, 2008: Temporary Moratorium on the Processing, Review ol; and making Decisions on applications Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in [,he l'own of' Southold A Local Law in P, elation to amendments to lnclusionary Zoning requirements in the Code el thc Town of Southold 4:45 pm A Local l.aw in relation to Parking Restrictions in thc Hamlet ofNcx~ Sul'tblk Please sign the duplicate of this letter and return to me at your earliest convenience in the scll2addrcssed envck)pe. Thank you. Elizabeth A. Neville Town Clerk ~tachments CC: Suffolk County Department of' Planning Village of Greenport :Southold 'lbwn 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 Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLEHK 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 July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to 'me at your earliest convenience in the self-addressed envelope. Thank you. OAttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Please print name Title: 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 July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. 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, Receiv~y~ Please print name Date: Title: ~,~_~ 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 July 14, 2008 RECEIVED U[ 2 1 2008 $outhotd Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. 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 Sheltcr Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Recei(/cd By a Pleas'e print name/ Date: Title: 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk ]~Jk-ttachments Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Oreenport 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 Please print name 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 July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suflblk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope, Thank you. Elizabeth A. Neville Town Clerk 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 Sig~atfire, Received By Date: Please print name Title: 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 July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suftblk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ReC'~lved By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: JUL I 5 BOARD OF APPEALS DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Southold Town Board - Letter Board Meetifig of July 29, 2008 RESOLUTION 2008-742 ADOPTED Item # DOC ID: 4124 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-742 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold" 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 of Mark Terry dated July 29, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland Generated July 30, 2008 Page 47 Town of Southold Housing advisory commission Bill Oatz, Jenny Gould, LeRoy Heyliger, Don Leslie Jr,, Margaret Minichini, Nancy Pester, Lori Pfeifer, Rona Smith, John Vahey, Leslie Weisman RECEIVED July 10, 2008 2008 The Housing Advisory Commission (HAC) has reviewed the proposed alterations, additions and revisions to the Town's Inclusionary Zoning Code, as well as the definitions and requirements for eligibility for the Town's affordable housing program. We have found the proposed amendments to be well thought out and wholly satisfactory. If enacted, compliance with inclusionary zoning regulations will be less complex and more manageable than the current regulations. The proposed changes will offer desirable flexibility for both developers and the Town. The HAC also believes that the new sections cover more areas with specificity, thereby requiring less interpretation. The new language and proposed code changes will clarify and support the intent of the Town's affordable housing policy, to increase affordable housing opportunities for Town residents, particularly for those over the age of fiffy-five. In summary, we fully endorse the proposed legislative changes, and urge the Town Board to do the same. Thank you. JUL. 29.2008 1:49PM I~u. euz r, L OFFIC~ LOCATION.' Tovm Hall Ampex 54375 State Route 25 (,:or. Main ~ & ¥ou~ Ave,) P.O. Box 1~79 Sou~.hol~N-Yl1971 Telephone:-631 765-1938 Fax:63! 765-31~6 LOCAL WATERFRONT REVITALIZATION PROGRAM COORD~ TOWN OF SOUTHOLD JUL 2 9/ 2008 / To: Town of Southold Town Board Patficia Firmegan, Town Attorney From: Mark Terry, LWRP Coordinator Principal Planner JUL 2 9 2008 .,.:.~ ' Date: July 29, 2008 A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold The proposed local law titled A Local Law in Relation to amendments to Indnsionary Zoning requirements in the Code of the Town of Southold has bee~ reviewed to Chapter 268, Waterfi:ont Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, Based upon the information provided on the LWRP Consistency Assessment Form subm/tted to this department as well as the :eeords available to me, it is my recommendation that that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOAP~D OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Scott Russell, Town Supervisor, and Town Board Members Elizabeth Neville, Town Clerk Jerilyn Woodhouse, Planning Board Chairperson h~ tx\ July 28, 2008 Amendments to lnclusionary Zoning requirements Thank you for your request for comments from the Planning Board regarding the proposed amendments to the inclusionary zoning requirements in the Town Code, several of which are a result of recommendations from the Planning Board. We support the proposal. #8905 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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, commencing on the 10th day of July, 2008. Principal Clerk Sworn to before me this /& CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01-V06105050 Qualified In Suffolk Count,/ EEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 1herr' buy in[o existing housing stock.'I]~e law rate and thc MIFDUs. T~hasin~ nlan shall also~rovide that the MIFDUs shall _not be the las1 unils 1o be develoned in the au~)licable snbdivision. [5] Exterior Ant)earance. The exte- rior aunearance of the MII~DUs shall be visually c_n~atiblc wiJh the market r~le unils'in thc develonmenL External ~)'~"ildin~ materials and finishes shall be ~eqnitv. persona ~)r_n ep~ car, L2) Income elieible individuals or families where the head of household is ltUD median incorOe for SutIolk Count~ rl~onsor. Household annua 8995 IT 7//0 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS IV[ANAGEMENT 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 July 14, 2008 Re: Reso. No. 658 Proposed Local Law in relation to "Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold". Andy Freleng Suffolk County Department of Planning PO Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on July 1,, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Department for their review. The date and time for the public hearing is 4:40 PM, Tuesday, July 29, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~ARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net July 14, 2008 Re: Resolution No. 664 Proposed Local Law in relation to "Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold". 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 July 1, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public heating is 4:40PM, Tuesday, July 29, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attomey Southold Town Board - Letter Board Meeting o~July 1, 2008 RESOLUTION 2008-659 ADOPTED Item # DOC ID: 4044 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled~ "A Local Law in Relation to amendments to Inclusionar~ Zoning requirements in the Code of the Town of Southold"~ to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. Elizabeth A. Neville Sonthold Town Clerk RESULT: ADOPTED [UNANIHOUS] HOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 2, 2008 Page 50 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 1st day of July, 2008, a Local Law entitled "A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold", 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 29th day of Jul¥~ 2008 at 4:40 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold", reads as follows: Local Law No. 2008 Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Sonthold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law will reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-ont funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. This Local Law changes the "priority" groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that af/brdable housing is still a crisis for local residents. Suffolk Research Services, lnc. reported that the median sales price for single-family homes in the Town of Sonthold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town's housing registry. Incomes of local residents in need of affordable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affbrdable housing within the Town. Section 2. Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: 5 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. [1] Twenty ~ percent of the lot yield as determined pursuant to 5 240-10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing District, 55 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at 5 280- 30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number. I21 Upon application to the Planning Board~ the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant's choosing any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. a total of on is .......................................... ed. Thio T ~cwn, , .......... rr ...... .~ r ................... orne~. [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town Board and shall consider factors such as the average cost of building lots:_ and costs of construction and median income in the Town of Southold. [bi The applicant may build all of the units in another location within thc Town of Southold. [c] The applicant may provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for aflbrdable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. Id] If the this option is chosen and a waiver of the requirement to build MIFDUs in the subdivision is approved, ~ r~r'~r~w'~r~,~ ^. r~ ;~ Au ~,~., ppli y b ~\~/[,~/t~Jt~j~. t~j ..... Oo~,,, the a cant ma uild ~y remaining allowed lots in the subdivision, ~d they shall not be required to be MIFDU units. 131 Fee Waiver. An applicant shall receive a waiver of all application tees, building permit fees~ plan review fees~ inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. [4] Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be ad.iusted by the Planning Board when necessary in order to account for different financing and funding environments~ economies of scale, and infrastructure needs applicable to the development of the market rate and the M1FDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [51 Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quali ,ty for MIFDUs and market rate units. 161 Aooeal. A developer of any pro.iect subiect to the requirements of this chapter may appeal to the Town Board for a reduction, ad.iustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionar~ requirement. Section 3. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property, holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRA's, 401k, and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibili .ty and rent. HOUSEHOLD - The family and live-in-aide, if applicable. PRIMARY RESIDENCE- The address listed on a person's Federal Income Tax return. § 280-30. General regulations and requirements. C. Eligibility (non-age restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a tbrmula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived an~ we, flied in the Town of Southold in the same school district as the dwelling unit or lot tbr a period of at least c~ne three vear_s prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least one 3'ear three years prior to the submission of their application. (4) Income eligible individuals/families who have previously lived for a minimum of one~ three years in the Town of Southold and wish to return. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: Income eligible individuals or families where the head of household is age 55 or overt who have had a primary residence in the Town of Southold for a period of at least five {5) years prior to the submission of the applieation~ and do not own real estate. Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (2) Income eligible individuals or families where the head of household is age 55 or overT who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the applicatiom and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed t~viee the price of the unit to be (3) purchased. Income eligible individuals or families where the head of household is age 55 or over~ who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and who will be divested of all real estate holdings within 90 days of the contract execution with proiect sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (4) Income eligible individuals or families where the head of household is ($) age 55 or overt who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with proiect sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or overt who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application~ and who will be divested of all real estate holding within 90 days of the contract execution with proiect sponsor. Household annual income may not exceed 100% of the HUD median income for (6) Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Dated: July 1, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 10t 2008, 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 Suftblk Times Town Board Members TC's Bulletin Board Planning Board ZBA Trustees Town Attorney 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 I I day of ~ L~. ,2008, she affixed a notice of which the annexed printed notice is at/true cUopy, 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. Inclusionary Zoning Requirements 7/29/08 at 4:40 pm ~tbetl4 A. Neville Southold Town Clerk Sworn before me, this II dayof l~.~x,~ ,2008. I'llotary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires lvlarch 8, 20 II Southold Town Board - Letter Board Meeting ofJu y 1, 2008 RESOLUTION 2008-658 ADOPTED Item # DOC ID: 4040 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-658 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suflblk County, New York on the 1st day of July, 2008, a Local Law entitled "A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold", now, therefore, be it RESOLVED that the Town Board of the Town of Southold ~vill hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 29th day of July, 2008 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold", reads as follows: Local Law No. Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affbrdable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law wilt reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. This Local Law changes the "priority" groups used to determine eligibility tbr the Town housing Generated July 2, 2008 Page 44 Southold Town Board - Letter Board Meeting of July 1, 2008 programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that affordable housing is still a crisis for local residents. Suflblk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold ~vas $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town's housing registry. Incomes of local residents in need of aflbrdable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of aflbrdable housing within the Town. Section 2. Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. [1 ] Twenty ....... ; five, percent of the lot yield as determined pursuant to § 240- 10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number. 121 Upon application to the Planning Board~ the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant's choosing any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. Generated July 2, 2008 Page 45 Southold Town Board - Letter Board Meeting of July 1, 2008 [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town Board and shall consider factors such as the average cost of building lots~, ami costs of construction and median income in the Town of Southold. [bi The applicant may build all of the units in another location within the Town of Southold. lc] The applicant may provide property with development rights equal to the number of the required MlFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. [d] Ifth~ this option is chosen and a waiver of the requirement to build MIFDUs in the subdivision is approved, prcvidcd in $~bzcctien E(2)(c)[2][b] cr lc] i: ckggen, the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be MIFDU units. [31 Fee Waiver. An applicant shall receive a waiver of all application fees~ building permit fees~ plan review fees~ inspection fees, park and olay~round fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. [41 Phasiw, of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on thc phasing plan. The phasing plan may be adiusted by the Plannim, Board when necessary in order to account for different financing and fundln[, Generated July 2, 2008 Page 46 Southold Town Board - Letter Board Meeting of July 1, 2008 environments~ economies of scale~ and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [5] Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in ,type and quality for MIFDUs and market rate units. I61 Appeal. A developer of any proiect subiect to the requirements of this chapter may appeal to the Town Board for a reduction~ ad,iustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionar~ requirement. Section 3. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property holdings and equity~ personal property (car1 boat~ etc.) valued in excess of $10~000~ savings~ cash~ IRA's~ 401k~ and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide~ if applicable. PRIMARY RESIDENCE- The address listed on a person's Federal Income Tax return. § 280-30. General regulations and requirements. C. Eligibility (non- age restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (4-) Income eligible individuals or families who have lived an~ ':,'c~rl~c~ in the Town of Southold in the same school district as the dwelling unit or lot for a period of at least Generated July 2, 2008 Page 47 Southold Town Board - Letter Board Meeting of July 1, 2008 c,nc three years prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least ~nc :,'car three years prior to the submission of their application. (4) Income eligible individuals/families who previously lived for a minimum of ~ne year three years in the Town of Southold and wish to return. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: (1) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the applicationt and do not own real estate. Household annual income may not exceed 80% of the (2) HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or overt who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 100% of (3) the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five {5) years prior to the submission of the application, and who will be divested of ail real estate holdings within 90 days of the contract execution with project sponsor {such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not (4) (5) exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or overt who have had a primary, residence in the Town of Southold for a period of at least five {5) years prior to the submission of the applicationt and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor {such 90 daF period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Income eligible individuals or families where the head of household is age 55 or over, who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be Generated July 2, 2008 Page 48 Southold Town Board - Letter Board Meeting of July 1, 2008 (6) divested of all real estate holding within 90 days of the contract execution with project sponsor. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk Coun .ty and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANTMOUS] MOVER: Louisa P. Evans, .lustice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 2, 2008 Page 49