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HomeMy WebLinkAboutLL 2009 #01RESOLUTION 2009-95 ADOPTED DOC ID: 4657 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-95 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density District in 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 Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density District in the Town of Southold" reads as follows: LOCAL LAW NO. I 2009 A Local Law entitled, "A Local Law in relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density District in the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold's future vision. These goals are: I. To preserve land, including farmland, open space and recreational landscapes. Resolution 2009-95 Board Meeting of January 20, 2009 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local comanunity can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exemise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, them are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan r~egulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed Updated: 3/16/2009 2:33 PM by Bonnie Doroski A Page 2 Resolution 2009-95 Board Meeting of January 20, 2009 the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several Occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A (7). Maximum amount of building area and size of buildings in the Hamlet Density Zoning District i. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield Plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The resulting total building area may then be divided into structures. ii. At least 50% of the total number of units proposed must not be larger than 1,200 s~f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. iii. Total building area fo~' the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. iv. Livable fl6or area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls Updated: 3/16/2009 2:33 PM by Bonnie Doroski A Page 3 Resolution 2009-95 Board Meeting of January 20, 2009 of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude incidental floor area. Incidental floor area shall include, but not be limited to garages, unenclosed porches and decks, and shall not include unfinished basement area and unfinished attic area. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in.the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 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: Vincent Orlando, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Updated: 3/16/2009 2:33 PM by Bonnie Doroski A Page 4 SOUTHOLD TOWN BOARD PUBLIC HEARING January 6, 2009 4:45 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Assistant Town Attorney Kieran Corcoran Town Clerk Elizabeth Neville This hearing was opened at 5:50 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 16th day of December, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in 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 6th day of January, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Densit~ Districts in the Town of Southold' reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Densi .ty Districts in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals 2 that together provide the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resoumes back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exemise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of 3 the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) (7) Maximum amount of building area and size of buildings in the HD Zoning District The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-1 OB). The resulting maximum amount of building area may then be divided into structures. 2. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY 4 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. In other words, in short, a developer can have fewer homes if they are large, can have more homes if they are small; given a given yield. That summarizes the proposed law that is in front of us. I have here the legal from the Suffolk Times newspaper, I have a notice that it has appeared on the Town Clerk's bulletin board outside and a memo from the Planning Board that is dated the 6th in which it says, it ends as follows: 'the intent of this law is to provide for some moderate size housing in the Town to balance what appears to be the predominant trend of building large homes to the exclusion of moderate size units. This code amendment will benefit both the Town and private developers by eliminating uncertainty and delays through clear guidelines.' I have, also dated January 6th, a note from McCarthy Real Estate in Southold. 'To the Esteemed Members of the Board, I am writing in reference to the new legislation proposed for the districts. Although I understand the intent of the legislation in curbing large residential structures in these districts, I feel that the implementation of this law across all property sizes is patently unfair. I suggest that these limits be implemented depending on the size of the project. To wit, one, if a developer has a residential site plan with the affordable component kicking in at five units, how does the newly implemented state law that gives a density incentive, how will that be handled? Will he need a variance or will state law supersede local jurisdiction? How is this coordination been addressed within the code? 2. How about considering an incremental code that has different plateaus for unit size, similar to the recently changed affordable requirement. Perhaps the 1,200 square foot restriction could be implemented in projects with over 20 units. (And he includes a table up to five units, no restrictions. Five to ten units could be 2,000 square feet per unit. Ten to twenty units, it would be 1,600 square feet per unit and over 20 units would be 1,200 square feet per unit) 3. What about a sunset clause for the size limitation after a period of time when the unit is sold from the original developer? In Caribou, North Carolina, their code relative to size sunsets after one year from the original sale in order to accommodate the ever changing needs of their community. I strongly recommend that these issues be truly considered prior to a vote on this new legislation and that there is clear direction given on the record with regard to the apparent conflicts with the New York State code.' SUPERVISOR RUSSELL: We are on the forefront of planning apparently with Caribou, North Carolina. Wherever that might be. COUNCILMAN WICKHAM: We have a short environmental assessment form for SEQRA that has been signed and a notice from the LWRP coordinator that it is consistent with the LWRP plan in the town. 5 SUPERVISOR RUSSELL: Would anybody like to address the Town Board? Mr. Cuddy? CHARLES CUDDY: Charles Cuddy. Don't worry, I am not going to go through it again. I just want to say that my comments were designed to be cumulative and I assume they would be accepted that way. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this local law? (No response) This hearing was closed at 5:56 PM ~Neviile Southold Town Clerk ELIZABETH A. NEVILLE, RMC, CMC 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 January 29, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on February 3, 2009: 4:35 PM - A Local Law in Relation to Wireless Communication Facilities and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 20, 2009: Local Law #1: Limit size of dwellings units in Residential Site Plans in Hamlet Density District Local Law # 2 Design standards and regulations for Residential Site Plans Local Law # 3: Open Space in subdivisions in the Hamlet Density 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 GreenportX/v/c? 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 Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALaANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall 53095 Main Road Southold NY 11971 February 10, 2009 RECEIVED FE9 1 7 2009 Southoht Town Clerk RE: Town of Southold, Local Law No. 1, 2 & 3, 2009, filed on February 2, 2009 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.dos.state.n¥.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US · E-MAIL: INFO,DOS.STATE.NY.US ELIZABETH A. NEVILLE, RMC, CMC 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 January 29, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on February 3, 2009: 4:35 PM - A Local Law in Relation to Wireless Communication Facilities and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 20, 2009: Local Law #1: Limit size of dwellings units in Residential Site Plans in Hamlet Density District Local Law # 2 Design standards and regulations for Residential Site Plans Local Law # 3: Open Space in subdivisions in the Hamlet Density 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 CJreenport Town of Riverhead Email: 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 Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC 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 January 30, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 1 - 3 of 2009 Town of Sonthold, 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 1 - 3 of 2009 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 Lynda M Rudder Southold Deputy Town Clerk cc: Town Attorney NEW YORK SI'ATE DEPARTMENT O[: ";I 41S'IAIESIREEr Local Law Filing a.~.aN,.N, 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. [] County 21 City [] Town of SOUTHOLD [] Village I,ocal Law No. 1 of thc year 2009. A l,ocal l,aw entitled. A Local Law in relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the } lamlet Density District in the Town of Southold Be it enacted the Town Board of the: [] County [] City [] Town of 21 Village SOUTHOLD Section 1. Enactment 1. l,egislative Intent The Town o1' Southold's Comprehensive Plan, comprised of a series ot'planning initiatives undertakcu over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings cl Southold's future vision. Thcsc goals are: 1. To prcscrve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. 'Fo preserve the Town's remaining natural environment; to prevent further deterioration ol' thc Town's natural resources and to restore the Town's degraded natural resources back to their prcvious quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio- economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. Thc Town Board of thc Town of Southold recognizes that the local community can absorb ;t finitc amounl of development in order to achieve the goals set lbrth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process k)r (If additional space is needed, attach pages the same size as this sheet, and number each.) I)OS-239(Rc~ 05'05) comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Sontbold "ltamlct Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. Thc primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of gr~wtln in each hamlet. Since the adoption, thc hamlet stakeholder process has been re-convened and the stakeholders arc active in working with the Planning Board and staffto plan for the future of thc hamlets. Presently, there are two applications lbr residential site plans belbre the Planning Board. These pr{~iccts, if approved in their present form, would yicld a significant change in the character of the hamlets in whici~ they arc proposed. The proposed project in Cutchogue contains the second-largest number of rcsidcnlial milts proposed in a single development in the Town of Southold in recent memory. The impact of this devclol~mcnt on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that thc current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Pl~,nning Board. Planning staff; and Code Committee reviewed thc high density residential zoning, including 1 amlct Density (ttD) and ltamlet Business (lIB), and proposed amendments. A public hearing was held on thc proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff anti Code Committee met on several occasions to review the public comments and further discuss apprepriatc amendments to thc town code. These proposed amendments are designed to assure that residential develogmcnt in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprchensively meet the long-range goals of thc Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and ?rotcct groundwater, open space and community character. Thc business zones that allow residential development lnavc been removed from the proposal at this time, as thc Planning Board, Town Board, and Code Committtc havc agreed that it is appropriate to examine the business zones and their uses comprehensively in the near i'uturc. This proposed law places restrictions on the size of dwelling units in thc liD zoning district. This district is thc densest residential zoning district in the Town, and such restriction will serve to achieve the albrcmen:ioncd goals. Section 2. (,'()DE AMI;~'NDMENTS Chapter 280 of thc Code of thc Town of Southold is amended as follows: §280-137 A (7). Maximum amount of building area and size of buildings in thc tlamlet Density/,t~ning District i. The maximum amount of total building area on a parcel shall be limited to tl~e yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shalI bc determined pursuant to §240-10B). The resulting total building area may then bc divided into structures. ii. At least 50% of the total number of units proposed must not be larger than 1,200 s.l: livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built docs not exceed the yield as determined by the yield plan. [:,ach unit built may have up lo 400 s.f. incidental floor area in addition to the livable floor area. iii. Total building area for thc purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area docs not include clubhouse or similar amenities structures. iv. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude incidental floor area. Incidental floor area shall include, but not be limited to garages, unenclosed porches and decks, and shall not include unfinished basement area and unfinished attic area. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERAB1LITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. 3 (Complete the certification in the paragraph that applies to the filing nf this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that thc local law annexed hereto, designated as local law No. 1 0['20 09 tile ....... ., ,,_ ..) ;~1 own) ~ ..... s~) ( f SOUTItOLD was duly passed by the TOWN BOARD on January 20,20 09 , ia 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 [aw annexed hereto, designated as local law No. of of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed al'It r disapproval) by tbe 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 Nc). of 20 of the (County)(City)(Town)(Village) of was duly passed by thc on 20 , and was (approved)(not approved)(repasscd atier disapproval) by the on 20 . Such local law was subnnitlcd to the people by reason ofa (mandatory)(permlssive) referendum, and received the affirmative vote ora majority o? the qualified electors voting thereon at the (general)(speclal)(annual) election held on 20 , in accordancc with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) hereby, certify that the local law annexed hereto, designated as local law No. of 20 .... of thc (Connty)(City)(Town)(Village) of was duly passed by lhc on 20 ........... and was (approved)(not approved) (repassed afier disapproval) by the on 20 Such }ocal law was subjec! 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 tile chief executive officer ora county elected on a county- ~x idc basis or, Il'there be nonc~ thc chairperson of thc 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 velo 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 oftbe City of baving been submitted to referendum pursuant to the provisions of section (36)(37) of the Manicipal Ito~ne Rule I,aw, and having received the affirmative vote ora majority of thc qualified electors of such city voting thereon at thc (special)(general) election held on .............. 20 became operative. 6. (County local law concerning adoption of Charter.) I bereby certify that the local law annexed hereto, designated as local law No of 20 oftbc 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 I lome Rale l,aw. and having received the affirmative vote ora majority of the qualified electors of thc ct!les of said count5 as a anit 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 aflinal adoption has been followed, please provide an appropriate certitlcatioa.) I further certify that I have compared the preceding local law witb the original on file in this office and that the same is a correct transcript there from and of the wbole of such original local law, and was finally adopted in the manner indizatcd ill paragraph I , above. Clerk oftl~l~ounty lCg~s~laii~e~-gdy. City. Town or (Seal) Village Clerk or officer designated by local legislative hod~ Elizabeth A. Neville, Town Clerk Dale: January 22, 20Q9 (Certilication to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) S'I ATE OF NEW YORK ('OUNI'Y OF SUFFOLK thc undersigned, hereby certify that the foregoing local law ctt~'~ns thc correct text and that all proper procccdi~qgs havebeenbadortaken,brthecnactmentofthelocalla,vann~~/i /~ ~, ¢'if~r~i:A. Finnegan, E~q., ~-5~-A~t~ney Kieran Corcoran~ Esq.~ Assistant Town Attorney Title City Town of Date: SOUTIIOLI) Janaary 22, 2009 SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2008 4:45 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan This hearing was opened at 6:24 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 23ra day of September, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling nnits in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Sonthold" 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 21st day of October, 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" reads as follows: LOCAL LAW NO. 2008 A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold BE 1T ENACTED BY the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of flmdamental goals that together provide the underpinnings of Southold's future vision. These goals are: Zoning Amendments to Limit size of dwelling units October 21, 2008 Public Hearing 2 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee have reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long- range goals of the Town. These amendments intend to assure a diversity of housing stock, promote affordability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) Zoning Amendments to Limit size of dwelling units 3 October 21, 2008 Public Hearing (b) Maximum amount of building area and size of buildings in the HB and HD Zoning Districts 1. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,600 s.fi (Yield shall be determined pursuant to §240-1 OB). The resulting maximum amount of building area may then be divided into structures. At least 50% of the total number of units must not be larger than 1,600 s.f. gross floor area (refer to Bulk Schedule for Residential Districts). The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. 2. Total building area for the purpose of this section is the gross floor area of all buildings, including dwellings, detached garages, and accessory buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Total building area does not include clubhouse or similar amenities structures. Gross floor area per unit for the purpose of this section is the total area of all floors measured from the exterior of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Section 6. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Zoning Amendments to Limit size of dwelling units October 21, 2008 Public Hearing 4 I have a notice from our town planning coordinator, LWRP coordinator, that this proposed law is consistent with the LWRP law. I have a notice that it has appeared on the Town Clerk bulletin board outside and that it has appeared as a legal in the local newspaper. I do not have a comment yet from the Suffolk County Planning Commission. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Mr. Meinke? HOWARD MEINKE: Hi. My name is Howard Meinke from Mattituck. Well, I just think that this sounds like, very good. HD and HB is not all that big an area total in the town and we have been talking about where will our children live and things like that. I think allowing for distinctly moderate sized buildings is very intelligent, there still is the residue of the open space and other places where gigantic mansions can be built and I think this is very intelligent and I commend the Planning Department and the Board for putting it forward. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular legislation? (No response) Comments made at the public hearings "A Local Law in Relation to Design Standards and Regulations for Residential Site plans in the Town of Southold" and "A Local Law in Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density zoning districts in the Town of Southold" are to be considered part of this public hearing also. All three hearings held on October 21, 2008. This hearing was closed at 6:28 PM Elizabeth A. Neville Southold Town Clerk FEB. 17,2009 2:~4PM DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 28, 2008 THOMAS A. ISLES, A.I.C-P DIRECTOR OF PLANNING EECEIVED Town of Southold PO Box 1179 Southol~ New York 11935 Att: Ms. Elizabeth A. Neville NOV 3" 2OO8 Applicant: Town of Southold Zoning Action: Public Hearing Date: Amendments: 280-137-"Standards for Residential Site Plans"; 280-4 "Definitions"; 280-137(A)(7)"max amount of bldg. area and s~ze of buildings in HB & I-ID Districts October 21, 2008 S.C.P,D, File No.: SD-0t-09 Dear Ms. Neville: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the above referenced applicatiun which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either and approval or disapproval. Very NOV 1 3 2o08 Thomas A. Isles, AZCP Chief Plm'mer APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P, O. BOX 6100 (631) $53-5191 160 VETERANS MEMORIAL HIGHWAY HAUPPALIGE, NY 11788-0099 TELECOPIER (631) 853,-4044 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 28, 2008 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING RECEIVED Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville NOV ~' 2008 So~thold T~wn Clerk Applicant: Town of Southold Zoning Action: Amendments: 280-137-"Standards for Residential Site Plans"; 280-4 "Definitions"; 280-137(A)(7)"max amount of bldg. area and size of buildings in HB & HD Districts Public Hearing Date: October 21, 2008 S.C.P.D. File No.: SD-08-09 Dear Ms. Neville: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either and approval or disapproval. Very truly yours, Thomas A. Isles, AICP Chief Planner APF:ds 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) 853-4044 Southold Town Board - Letter Board Meeting of January 20, 2009 RESOLUTION 2009-95 ADOPTED Item # DOC II): 4657 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-95 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density District in the Towt~ of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid l,ocal 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 Zoning Amendments to limit the size of dwellin? units in Residential Site Plans in the Hamlet Density District in the Town of Southold" reads as follows: LOCAL LAW NO. I 2009 A Local Law entitled, "A Local Law in relation to Zoning Amendments to limit the size of dwelling. units in Residential Site Plans in the Hamlet Densit~ District in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that Generated January 22, 2009 Page 16 Southold Town Board - Letter Board Meeting of January 20, 2009 together provide the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while noI as large in number of units, is large in scale and size of buildings. Generated January 22, 2009 Page 17 Southold Town Board - Letter Board Meeting of January 20, 2009 The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A (7). Maximum amount of building area and size of buildings in the ttamlet Density Zoning District i. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The resulting total building area may then be divided into structures. ii. At least 50% of the total number of units proposed must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as Generated January 22, 2009 Page 18 Southold Town Board - Letter Board Meeting of January 20, 2009 iii. iv. determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude incidental floor area. Incidental floor area shall include, but not be limited to, unfinished basement area and unfinished attic area, garages, unenclosed porches and decks. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 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: Vincent Orlando, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Generated January 22, 2009 Page 19 Southold Town Board - Letter Board Meeting o anuary 6, 2009 RESOLUTION 2009-87 TABLED Item :l 5.29 DOC ID: 4657 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-87 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Densi .ty Districts in 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 Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" reads as follows: LOCAL LAW NO. 1 2009 A Local Law entitled, "A Local Law in relation to Zoning Amendments to limit the size of d~'clling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that Generated January 12, 2009 Page 39 Southold Town Board - Letter Board Meeting of January 6, 2009 together provide the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These pro.}ects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. Generated January 12, 2009 Page 40 Southold Town Board - Letter Board Meeting of January 6, 2009 The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several oc~:asions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(6)(a.) 2. Maximum amount of building area and size of buildings in the HD Zoning District i. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). Thc resulting maximum amount of building area may then be divided into structures. ii. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number Generated January 12, 2009 Page 41 Southold ]'own Board - Letter Board Meeting of January 6, 2009 iii. iv. of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 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: TABLED [UNANIMOUS] Next: 1/20/2009 7:30 PM MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated January 12, 2009 Page 42 Southold Town Board - Letter Board Meeting of December 16~2008 RESOLUTION 2008-1101 ADOPTED Item # 5,46 DOC ID: 4562 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1101 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 16, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suftblk County, New York, on the 16d day of December, 2008 a Local Law entitled "A Local Law in Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet DensiB Districts in the Town of Southold" and now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southotd, New York, on January 6, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold" reads as follows: LOCAL LAW NO.. OF 2008 A Local Law entitled, "A Local Law in relation to Zoning Amendments to limit the size of dwdling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that Generated December 22, 2008 Page 67 Southold Town Board - Letter Board Meeting of December 16, 2008 together provide the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southotd is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hmnlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. Generated December 22, 2008 Page 68 Southold Town Board - Letter Board Meeting of December 16, 2008 The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff; and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Plarming staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) (7) Maximum amount of building area and size of buildings in the HD Zoning District 1. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. 2. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may bc Generated December 22, 2008 Page 69 Southold Town Board - Letter Board Meeting of December 16, 2008 distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings Total building area does not include clubhouse or similar amenities structures. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications/hr residential site plans in the Town of Southold. Section 4. SEVERAB1L1TY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 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: MOVER: ADOPTED [UNANIMOUS] Albert Krupski ~]r., Councilman Generated December 22, 2008 Page 70 Southold Town Board - Letter Board Meeting of December 16, 2008 SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated December 22, 2008 Page 71 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Scott Russell, Town Supervisor Members of the Town Board Jerilyn B. Woodhouse, Chairperson,S) January 6, 2009 Re' Proposed Local Laws relating to Design Standards for Residential Site Plans, Zoning Amendments to Limit Size of Dwelling Units, and Open Space in subdivisions in HB & HD zoning districts. The Planning Board has reviewed the proposed Local Laws referenced above and supports these code amendments. We agree that the Hamlet Business zoning district differs substantially from the Hamlet Density zoning odistrict in the uses that are permitted in the zone, and the general configuration and location of existing Hamlet Business zoned parcels. The commercial uses as well as the residential must be considered when re-tooling requirements that address scale. The analysis of those uses and possible new design requirements will take time to complete. Thus, we support continuing to apply the same requirements to residential site plans that currently exist for the Hamlet Business district. These proposed code amendments accomplish this by specifying that the required clustering and size limits apply specifically to the Hamlet Density district, and can be applied, if the Planning Board finds it to be appropriate, to the Hamlet Business District. In the Hamlet Density zoning district the permitted uses are limited to residential uses, thus proceeding with these new requirements in that district should be done as soon as possible. The intent is to provide for some moderate-size housing in the Town to balance what appears to be the predominant trend of building large homes to the exclusion of any moderate-sizes. These code amendments will benefit both the Town and private developers by eliminating uncertainty and delays through clear guidelines. Thomas CCARTHY Real Estate, Inc. 146520 Route 48, Southold. New York t t971 !(6311 765-5815 {6311 765-5816 FAX Southold Town Board Route 25 Southold, NY 11971 Re: New HB HD Legislation January6, 2009 To the esteemed Members of the Board, I am writing in reference to tile new legislation proposed for the HB and HD districts. Although I understand the intent of the legislation in curbing large residential structures in these districts, I feel that the implementation of this new law across all property sizes in patently unfair. I suggest that these limitations be implemented depending on the size of the project. To wit: If a developer has a residential site plan with the affordable component kicking in at 5 units, how does the newly implemented State Law that gives a density incentive handled? Will he need a variance or will State Law supercede local jurisdiction? How has this coordination been addressed within the Code? How about an incremental code that has different plateaus for unit size similar to the recently changed affordable requirement? Perhaps the 1200 sq fi restriction could be implemented in projects with over 20 units Up to 5 units ........... no restriction 5-10 units ............... 2000 ft per unit 10 - 20 units ............ 1600 fl per unit Over 20 units ............ 1200 fl per unit Your One Stop Real Estate Shop What about a sunset for the size limitation after a period of time when the unit is sold from the Original developer? In Carraboro North Carolina their code relative to size sunsets after one year from the original sale in order to accommodate the ever changing needs of their community ( without a trip to the Zoning Board that would be nearly impossible to get relief?.). I strongly recommend that these issues are truly considered prior to a vote on this new Legislation, and that there is clear direction given on the record with regard to the apparent conflicts with the New York State Code. Thomas J. McCafihy~ _ #9148 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 25th dayof December, 2008. Principal Clerk Sworn to before me this day of 2009. LEGAL NOTICE Notice of Pubtic Hearing NOTICE IS HEREBY G~VEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December~ 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Resi- dential Site Plans in the Hamlet Busi- ness and Hamlet Density Districts in the Town of Southold' and NOTICE [S HEREBY FURTHER G1VEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at thc Southold Town Hall. 53095 Main Roa& Southold. New York, on the 6th day of.lanuary, 2009 at 4.-45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law la Relation to Zonino Amendments to limit the size of dwell~ lng units in Residential Site Plans in the Himlet Business and Hamlet Density Districts in the Town of Southold' reads as follows: LOCAL LAW NO. 2009 A Local Law entlfled. "A Local Law in relation to Zoning Amendments to limit the size of dwelline units in Rgsi- dential Site Plans in the Hamlet Density Disfricts in the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent Tile Town of Southold's Compre- hensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold's future vision. 2~ae se goals are: 1. To preserve land, including farm- land. open space and recreational land- scape* 2. To preserve the rural, cultural and historic character of the hamlets sur- rounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural re- sources and to restore the Town's de- graded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation ef- ficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local com- munity can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. · he qbwn of Southold is engaged in a process for cotnprehensive planning for the hamlets located in the Town, and in 2(105 adopted the Town of Southold "Hamlet Study". The Hamlet Study rep- resents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adop- tiou, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently. there are two applications for residential site plans before the Plan- ning Board. These projects, if approved in their present form. would yield a sig- nificant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest nunther of residential units proposed in a single development in the Town of Southold in recent mem- ory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. ~e Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Busi- ness (HB), and proposed amendments. A public hearing was held on the pro- posed Code amendments on September 23. 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropri- ate amendments to the town code. These proposed amendmeots are designed to assure that residential development in the residential zones is consistent with the plans for the hanrlet, is coxnpatible in scale with the hamlet, and will com- prehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote inoderate cost dwellings, ineet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential develop- ment have been removed from the pro- posal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses com- prehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest resi- dential zoning district in the Town. and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of thc Code of the Town of Southold is amended as follows: §280 137 A(7) (71 Maximum amount of building area and size of buildings in thc HI5 Zonine Districl i. The maximum amount of tote[ buddine area on a narcel shall be lim- ited to the yield as determined by a yield t>lan multinlied bv L200 s.f. (Yield ~hall be determined t>ursuant to &24040BI. The resulting maximum amount 9-f buildine area may then be divided into structures. 2. At least 50% of the total numbe_r of units must not be larger than 1.200 s`f, livable floor area. The remainin~ build- ine area may be distributed among units of varvin~ sizes, t~rovided the total num- ber of dwelling units built does not ex- ceed the yield as determined by the yield olan. Each unit built may have uo to 40{) s.£ incidental floor area in addition to the livable floor areo, 3. Total building area for the ~urtmse of this section is the cumulative ambunt of livable floor area. as defined below, of all dwellines. Total building area does not include clubhouse or sintilar ameni- ties structures. 4. Livable floor area ocr unit for the Duroose of this section is the total area of all floors, includine all soaces withJfi the exterior walls of a dwelling unit. with no deduction for hallways, stairs, clos- ets. thickness of interior walls, or other interior features. Livable floor area t>er unit shall exclude unfinished basement area and unfinished attic area. Inciden- tal floor area shall include, but nt)t be limited [o. ~ara~es. unenclosed Porches and decks, Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph. section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State. Dated: December 16, 20d8 BY ORDER OF LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Sufiblk County, New York, on the 16t~' day of December, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in 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 6th day of January, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Zoning Amendments to limit the size o dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as fbllows: Section 1. Enactment 1. Legislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set tbrth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders f}om each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staffto plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a signilicant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. I'he proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff; and Code Committee reviewed the high density residential zoning, including Itamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning stall' and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and x~ill comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from thc proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: {}280-137 A(7) (7) Maximum amount of building area and size of buildings in the HD Zoning District The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-1 OB). The resulting maximum amount of building area may then be divided into structures. 2. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built ma,/have up to 400 s.f. incidental floor area in addition to the livable floor area. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below. of all dwellings. Total building area does not include clubhouse or similar amenities structures. l,ivable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within thc exterior walls of a dwelling unit, with no deduction tbr hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABIL1TY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretar,x ot' State. Dated: December 16, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTItOLD Elizabeth Neville '[own Clerk PLEASE PUBLISH ON December 24, 2008, AND FORWARD ONE (1) AFFIDAVI 1' OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suflblk Times TC's Bulletin Board Planning Dept. Town Board Members Building Department Town Attorney ZBA 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 the174fi day of~.~, 2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Building Size PH ~4)izabeth A. Neville Southold Town Clerk Sworn before me this _ /'?'~' day of /~ ,2008. ry Public LINDA J COOPER NOTARY PUBLIC, State of New York NO, 01CO4822563, Suffolk County Term Expires December 31, 20 / Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Thursday, December 18, 2008 2:15 PM To: JOAN ANN - Legals Cc: Neville, Elizabeth Subject: Legal notice for 12/24 Attachments: Size of Buildings 1-6-09.doc Please confirm receipt of this legal notice Thank you. 12/18/2008 Southold Town Board - Letter Board Meeting o[:~)c~to~e~ 21, 2008 RESOLUTION 2008-976 ADOPTED I rcm// DOC ID: 4~4~ THIS IS TO CERTIFY TIIAT THE FOLLOWING RESOLUTION NO. 2008-976 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in Relation to Zoning Amendments to limit the size of dwellinE units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in 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 recommendations of Mark Terry dated October 20, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the ]'own Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski 3r., Wickham, Evans, Russell Generated October 22, 2008 Page 46 PATRICIA A. FINNEGAN TOWN ATTORNEY pat ricia.finnegan (~ town.sout hold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran(, town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(~i~.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 MEMORANDUM R~CEIV~D To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney October 31, 2008 LL/Limit the Size of Dwelling Units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold 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.) RESOLUTION 2008-976 ADOPTED DOC ID: 4345 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-976 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in 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 recommendations of Mark Terry dated October 20, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell ,,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 Town Board [ Local Law limiting size of dwelling units in Res. Site Plans 3. PROJECT LOCATION: Municipali~ TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Hamlet Business and Hamlet Density zoning districts within the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Local Law in Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town o£Southold 7. AMOUNT OF LANDAFFECTED: Initially t'~, 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 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --I.~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L.J Yes [] No If Yes, ~ist agency(s) name and permit/approvals: Not Applicable 12. AS a RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~]Yes ~]No I CERTIFY THAT THE INF/J~VlATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Sco~ Russell~.....~l ~..~J~ Datex .10/20/08 Signature: ~ ~~.~'~"~¢"~ - ~ " If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceed ng w th this assessment OVER PAL~I[~J ~:~SESSMENT (To be completed blt Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAr. ~]Yes [~]No B. W LL 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. r-]Yes ~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if leg/hie) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No significant adverse effects C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resoumes; or community or neighborhood character? Explain briefly: No significant adverse effects C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitals, or threatened or endangered species? Explain briefly: No significant adverse et'feets C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bnefly: No significant adverse effects C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy: No significant adverse effects C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: No significant adverse effects C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] 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 bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that expianations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if have identified one or potentially large significant adverse impacts which MAY occur. Then proceed directly to the FULl. you more or EAr and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILt NOT result in any signiflcant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board 10/20/08 Name of Lead Agency Date Scott Russell Supervisor Print or Type Na f Responsib Officer in Lead Ageny Title of Responsible Officer Sighefure of Responsible Officer in Lead Age~-y ~' ~.,2~'1'1 n atu re of Pre p a re,~,POiffe re-fit fro,~.~{~ sible offi ce r ) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGHAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner ~'~ LWRP Coordinator Date: October 16, 2008 Re: Local Waterfront Revitalization Program Consistency Review for consideration of Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold' The proposed action is the consideration of a Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold. The proposed local law has been reviewed to Chapter 268, Waterfront 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 submitted to this department as well as the 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. Supporting policy standards include: Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The longstanding planning goals of the Town of Southold "reflect the interest in preserving and enhancing the natural and built environment and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale of development, availability of water, existing sensitive environment of the Town and its historic heritage" (Town of Southold Planning Board, 1985, p3). The future pattern of land use proposed in the "Master Plan Update" encouraged residential development to locate in and around existing hamlets "in order to preserve and enhance the historic and cultural centers of the community, to support existing commercial centers, to provide locations for moderately priced housing and to encourage efficient and effective provision of community facilities and services" (Town of Southold Planning Board, 1985, p6). Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney 617.20 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 Town Board / Local Law limiting size of dwelling units in Res. Site Plans 3~ PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Hamlet Business and Hamlet Density zoning districts within the Town of Southold 5. PROPOSEOACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Local Law in Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold 7, AMOUNTOF LANDAFFECTED: Inilially 9q& 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 Describe: NA [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --I~l No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I I Yes [] No If Yes, list agency(s) name and permit/approvals: Not Applicable 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--~ Yes r~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Russell Date: ].0/20/08 Signature; If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding with th s assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNL STED ACT ONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ~]Yes [~]No 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 lraffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No significant adverse effects C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resourcos; or community or neighborhood character? Explain briefly: No significant adverse effects C3. Vegetation or fauna, fish, shellfish or wildiife species, significant habitats, or threatened or endangered species? Explain briefly: No signiticant adverse effects 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: No significant adverse effects Growth, subsequent development, or related activities likely to be inducod by the proposed action? Explain bdefly: No significant adverse effects Long term, short term, cumulative, or other effects not identified in C1.C57 Explain briefly: No significant adverse effects Other impacts (including changes in use of e her 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 ENV RONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS3. [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~e, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. EAF and/or prepare a positive declaration. [] Checkthisboxifyouhavedetermined basedontheinforma onandanayssaboveandanysupportingdocumentafion,thattheproposedacfionWILL NOT result in any significant adverse environmenta~ impacts AND provide, on attachments as necossary, the reasons supporting this determination, Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 10/20/08 Dat~ Supervisor Title of Responsible Officor 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 £ECEIV~D September 24, 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 October 21, 2009: 4:40pm: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and llamlet Density Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~ttachments cc: ,/Suffolk County Department of Planning ,.Willage of Greenport ~-Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors .~gmhrfl~wnl~lding, D_e~artment Signature, Received t~._ ~-)~ ._ 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: 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 September 24, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 1.0~i~r th fork.net N.Y& OFFICE OF PARKS RECREATION/hSID HISTORIC IIRE,~RVATION BELMONT UIKE 81'ATE PARK POBOX247 BABYLON, NY 11702-024? PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC ltEARINGS on the proposed Local Laws listed below on October 21, 2009: 4:40pm: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold' 4:$0pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~ttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors  epartment S ignature,/R.ffceiv, q~ By/..~ /q_ _ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Toxvn of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWI~ CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 RECEIVr:D 2008 Soot~old Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ~vill hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 21, 2009: 4:40pm: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" ~ttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead 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 Email: Southold Town Planning Board Southold Town Assessors ~,' ut~hold own Building D art~men, t 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_ (C~ 1~. Y.t~5-1800 southol~ ~l~fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 OCT 1 2008 $outhold T~,wn Cle~'k PI.EASE TAKE NOTICE that the Town Bo'ard of the Town of Southold will hold PUBLIC. HEARINGS on the proposed ,ocal Laws listed below on October 21. 2009: "A Local Law in Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the HanSlet Business and llamlet Densit~ Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffo}k County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signa.ture..Rcddived By ~/ Please print namel ,I Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southo d Town ~rd 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 Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net R£CEIV~D OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEP 3 0 2008 September 24, 2008 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 October 21, 2009: 4:40pm: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. cc; hments Suflblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Sianature, Received By Please print name L~ 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 RETUI~E~ 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.northfork.net September 24, 2008 PI. EASE TAKE NOTICE that thc Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local l,aws listed below on October 21,2009: 4:40pm: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" 4:50pm: "A Local Law In Relation to Open Soace in subdivisions in the Hamlet Busines~.a.ud.ll.omlet Densi ,ty Zoning Districts" ~,-~.,~:tv~'u Please sign the duplicate of this letter and return to me at your earliest convenience ir~e ~e~f-~essed envelope. Thank you. ~ttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Se~thold Town Assessors j f~o_ut~o~Town Build'tn~p~ar}m~ ~ Signat~Received By Please print name Elizabeth A. Neville Town Clerk Southold lown Cle~, Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~/~ ~/0~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Page 1 afl Cooper, Linda From: Jones, Martha Sent: Wednesday, September 24, 2008 12:51 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 gotcha ..... Original Hessage From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 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: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice. Thank you. L/nda ooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the parO~ we hoped for, bltt as long as ~* e 'l e here we mights as well dance 9/24/2008 Page of' 1 Cooper, Linda From: Kowalski, Linda Sent: Wednesday, September 24, 2008 12:55 PM To: Cooper, Linda Cc: Cappabianca, Lucille Subject: RE: Notice of Public Hearings for 10/21/08 Receipt is confirmed of 3 Local Law PHs for 10/21/08. Thank you, ZBA Town of Southold Office Location: 54375 Main Road (NFB Ist Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (63 I) 765-1809 (ext. 501 I at voice recording) fax (631) 765-9064 9/24/2008 Page 1 of 1 Cooper, Linda From: Randolph, Linda Sent: Wednesday, September 24, 2008 1:03 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 notice received From: Cooper, Linda Sent; Wed 9/24/2008 12:49 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, IVlartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notice of Public Hearings for i0/21/08 Please confirm receipt of this notice. Thank you. L/nda ,Z OOl er Deputy Town Clerk Town of Southold 631-765-1800 Life may not be/he par(y we hoped foi; b ut as long as we're here, we m~ghts as well dance ~ 9/24/2008 Page 1 ell Cooper, Linda From: Cantrell, Elizabeth Sent: Wednesday, September 24, 2008 1:08 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 Hi Linda, Notices received Thank you, Elizabeth Cantrell From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 PH To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice. Thank you. Linda Z Oooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe m~v not be the parO~ we hoped fo~ bu/ as long as we're here, we mights as well dance 9/24/2008 Page 1 ell Cooper, Linda From: Bunch, Connie Sent: Wednesday, September 24, 2008 1:10 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 Got it, thanks From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; VeriLy, Hike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice, Thank you. L/nda Wooper Deputy Town Clerk Town of Southold 631-765-1800 Dfe mo no! be the parO' we floped fi~r. bu! as long as ~ e're here, we mights as well dance! 9/24/2008 Page Iofl Cooper, Linda From: Reisenberg, Lloyd Sent: Wednesday, September 24, 2008 4:00 PM To: Cooper, Linda Subject: RE: Notices to Suffolk Times Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Iloyd. reisenberg@town.southold, ny. us 631.765.1891 From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:55 PH To: Corcoran, Kieran; Finnegan, Patricia; Neville, Elizabeth; Reisenberg, Lloyd; Woodhull, Ruthanne; Al Krupski; Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; Thomas Wickham (wickhamthomas@yahoo.com); V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com) Subject: Notices to Suffolk Times Attached hereto are copies of all the notices to be published in the Suffolk Times on 10/2/08 Linda aaper Deputy Town Clerk Town of Southold 631-765-1800 Dfe mcty not be the party we hoped for, but as long as we're here. we ralghtx os well dance~ 9/24/2008 Page 1 o1'I Cooper, Linda From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 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: Notice of Public Hearings for 10/21/08 Attachments: LL ph design stand res. site.doc; LL PH open space in Subdiv. HB & HD.doc; LL PH Size limits HB & HD.doc Please confirm receipt of this notice. Thank you. Linda ,Z. ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe m~lp not be the p~lrO we hoped/'or b~t c~x long as we're here. we mights as well dance 9/24/2008 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 2nd day of October, 2008. .~//~.4x....-- ~ Principal Clerk Sworn to before me this I~,GAL NOTICE Board of the Town of Southold, Suffolk ~ounty, New York, on the 23rd day of September, 2008 a Local Law entitled airy to be heard. nificam ct~age in the c~aracter of the halltiets in which they are pcopo~ed, llte pr~ l~x~ect in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent mem- ory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in ~c, aic and size of buildings, The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments~ The current residential site plan regulations lack residential design standards and cluster requirement The Town Board, Planning Board, Planning staff, and Code Committee have reviewed the high density residential zoning, including Hamlet Density (HD)and Hamlnt Busi- ness (HB), and have proposed amend- merits designed to assure that residential development in these zones is conslsXent with the plans for the hamlet, is compat- ible in scale with the hamlet, and comprehensively meet the long-range goals of the Town. These amendments jintend t6 assure a diversity of housing stock, promote affordabitlty, meet the needs of the existing population, ami protect groundwater, open space and community character. Section 7. CODE AMENDMENTS Chapter 280 of the Code of the To~ of Southold is amemied as follows: §280-137 A(7) . (b) ' t ui[d~ 2. To preserve the rural, ~dsural and e~istin~ ~rad~ rounding the countryskl~ ~ ....... ties stmcture~ 'Pr~°ll~q~l~~ i ~' ~ ~: ~intefiorfeatures. all~l~clurli.~ ~ ~. APPLiCATION auto.m0bile .trave.!, whi~e p~ t~. site p~ i~ ~ pf Southold. · 0~me lind, hi,tone attnbetea 0f~ia ' ~ UEVERABILITY theTown. - , ! ff any .elaine, $e0tefice. Paragraph, The Town Board of the Town of ~'tion, or~'c~this LoealLaw~hall Southold recogmzes that the loc~l corn- be adjudged by ~ court of eompotent changes to thb land and the community_ The Town o~ Southold is en~in a process for comprehensive t~maing for shall not e~e!:t the validily of this law ~ a whole or any part ~other than th~l~,t so decided to be unconstitution- al or invalid. - , ~--tion & EFFECTIVE DATE ' mediately uFon filing with ~he Secretary ~ ~zadilion of commuaity,plannlng OFTHETOWN BOARD the Hamlet Study w~s to belam:e ~:~ 90174T iot2 are ieflv~=in Wbrking ~fith the ~ , Board ~nd staff t~ plaa for the:&l~ ~f ~ CttRiuTiN~A'A'A-~OL :IOTAI~Y PUBLIC.STATE OF NEW YORK No. 01 .v06105050 QuOlifled In SuffOlk County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 23r~ day of September, 2008 a Local Law entitled "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Densit3/Districts in 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 21~t day of October, 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold" reads as follows: LOCAL LAW NO. 2008 A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1. Enactment 1. Legislative Intent The Town of Southold's Comprehensive Plan, comprised ora series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent thrther deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning tbr the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be prolbund. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff; and Code Committee have reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long- range goals of the Town. These amendments intend to assure a diversity of housing stock, promote aflbrdability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: {}280-137 A(7) (b) Maximum amount of building area and size of buildings in the HB and HD Zoning Districts The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,600 s.f. (Yield shall be determined pursuant to §240-1 OB). The resulting maximum amount of buildinp. area may then be divided into structures. At least 50% of the total number of units must not be larger than 1,600 s.f. gross floor area (refer to Bulk Schedule for Residential Districts). The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Total building area for the purpose of this section is the gross floor area of all buildings, including dwellings, detached garages, and accessory buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Total building area does not include clubhouse or similar amenities structures. 3. Gross floor area per unit for the purpose of this section is the total area of all floors measured from the exterior of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Section 6. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 7. SEVERAB1LITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent .jurisdiction to be invalid, the .judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Dated: September 23, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 2, 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 Suflblk Times TC's Bulletin Board Planning Dept. Town Board Members Building Department Town Attorney ZBA 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 ~2~'~ day of ¢Te4:v~ ,2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: PH LL Size Limits Residential Site Plans ~ -l~lizabeth A. Neville Southold Town Clerk Sworn before me this day of ~d~jz- ,2008. t Notary Public / LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01 CO4822563, Suffolk Cour~ty Term Expires December 31, 20 ~'~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 119 71 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 Re: Reso. No. 911 proposed Local Law in relation to "Design Standards for Res. Site Plans"; Reso.No. 912 proposed Local Law in relation to "Zoning Amendments to limit size of dwelling units"; Reso. 913 proposed Local Law in relation to "Open Space in subdivisions in HB & HD zoning districts. 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 September 23, 2008 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Dep[artment's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board for their review. The date and time for the public hearings are 4:40; 4:45; & 4:50PM, Tuesday, October 21, 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 (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 Re: Reso. No. 911 proposed Local Law in relation to" Design Standards for Rcs. Site Plans"; Reso.No. 912 proposed Local Law in relation to "Zoning Amendments to limit size of dwelling units"; Reso. 913 proposed Local Law in relation to "Open Space in subdivisions in HB & HD zoning districts. Jerilyn B. Woodhouse, Chairperson Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11917 Dear Ms. Woodhouse, The Southold Town Board at their regular meeting held on September 23, 2008 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Board's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local law have also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearings are 4:40; 4:45; & 4:50PM, Tuesday, October 21, 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 (3) cc: Town Board Town Attorney Southold Town Board - Letter Board Meeting of September 23, 2008 RESOLUTION 2008-914 ADOPTED Item # DOC ID: 4289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-914 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Laws to the Suffolk County Plannin? Department and the Southold Town Planning Board for their recommendations and review: A Local Law In Relation to Design Standards and Regulations for Residential Site Plans A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Flamlet Business and Hamlet Density Districts A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 24, 2008 Page 57 Southold 7own Board - l,etter Board Meeting of September 23, 2008 RESOLUTION 2008-912 ADOPTED Item # DOC ID: 4287 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-912 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of September, 2008, a Local Law entitled, "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Densi ,ty Districts in the Town of Southold"; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the atbresaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of October, 2008, at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Densi .ty Districts in the Town of Southold" reads as follows: LOCAL LAW NO. 2008 A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in ResidenliaI Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section I. Enactment I. I.egislative Intent The Town of Southold's Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide Generated September 24, 2008 Page 51 $outhold Town Board - Letter Board Meeting of September 23, 2008 the underpinnings of Southold's future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold "Hamlet Study". The Hamlet Study represents a unique exercise in Southold's long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-conveoed and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the Generated September 24, 2008 Page 52 Southold Town Board - Letter Board Meeting of September 23, 2008 current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff; and Code Committee have reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote aflbrdability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2. CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) (b) Maximum amount of building area and size of buildings in the HB and HD Zoning Districts The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,600 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. At least 50% of the total number of units must not be larger than 1,600 s.f. gross floor area (refer to Bulk Schedule for Residential Districts). The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Total building area for the purpose of this section is the gross floor area of all buildings, including dwellings, detached garages, and accessory buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Total building area does not include clubhouse or similar amenities structures. Gross floor area per unit for the purpose of this section is the total area of all floors measured from the exterior of the building xvith no deduction for hallways, stairs, closets, thickness of walls, Generated September 24, 2008 Page 53 Southold Town Board - Letter Board Meeting ot' September 23, 2008 columns or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Section 6. APPI,1CATION This local law shall apply to ALL [nexv and pending] applications for residential site plans in the Town of Southold. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. 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: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 24, 2008 Page 54