HomeMy WebLinkAboutLL 2009 #02ELIZABETH 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
Lynda M Rudder
Deputy Town Clerk
Town Hall
53095 Main Road
Southold NY 11971
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
. February 10, 2009
LORRAINE A. CORTI~S-VAZQUEZ
SECRETARY OF STATE
RECEIVED
FEB 17 2009
Southold Town Clerk
RE: Town of Southold, LoCalr Law No. 1, 2 & 3, 2009, filed on February 2,
2009
Dear SidMadam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtaihed from our website,.
www. d os. state, ny. us/co rp/m isc. htmt.
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
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 6, 2009
4:40 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 heating was opened at 5:07 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
Design Standards and Regulations for Residential Site Plans in the Town of
Southoid" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public heating on the aforesaid Local Law at the Sonthold Town
Hall, 53095 Main Road, Southold, New York, on the 6th day of January, 2009at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law In Relation to Design Standards and
Regulations for Residential Site Plans in the Town of Southoid" reads as follows:
LOCAL LAW NO.
2009
A Local Law entitled, "A Local Law in relation to Design Standards and Regulations for
Residential Site Plans in the Town of Southold'.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 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
Design Standards and Regulations Public Hearing
January 6, 2009
2
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 reviewed the high density residential zoning, including Hamlet Density
(HD) and Hamlet Business (HB), and proposed amendments. A public heating 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
Design Standards and Regulations Public Heating
January 6, 2009
agreed that it is appropriate to examine the business zones and their
comprehensively in the near future.
3
uses
Section 2. CODE AMENDMENTS
Chapter 280 of the Code of the Town of Southold
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for 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 Planning Board's review of the application and plans with respect to
residential site plans shall include their compliance with the following:
(1)
The requirement that the applicant attend a presubmission conference,
at which time the applicant, the Planning Board and planning staff
shall discuss the salient design features of the application. At such
conference, the applicant shall be provided with a copy of the then-
existing design manual as adopted by the Planning Board.
(2) The applicable provisions of this chapter.
(3)
Where applicable, Town Law § 274-a and General Municipal Law §
239-m.
(4)
(5)
Construction standards and specifications of the Town highway
specifications, Chapter 161 of the Code of the Town of Southold. For
the purposes of residential site plans, one dwelling unit is the
equivalent of one residential lot.
The requirements of the existing resources and site analysis plan(s)
(ERSAP) and the allowable density of dwelling units as calculated
using the yield plan criteria for standard subdivisions set forth in §§
240-10A and B(2) of the Code of the Town of Southold, Subdivision
of Land.
(6)
The provisions of Article XI, Cluster Development, of Chapter 240 of
the Code of the Town of Southold, Subdivision of Land, az _'nay shall
be applied by the Planning Board in4ts4isc~fion-to residential site
plans in residential districts, and may be applied by the Planning Board
to residential site plans in business districts., w_~r~ :* ~'~:"~ that
· ~,,~,, ....c .... gB d hall
....... ,~ ........... v .........In doing so, the Plannin oar s
establish conditions on the ownership, use and maintenance of such
open lands as it deems necessary to assure the preservation of the
natural and scenic qualities of such open lands and shall not permit the
use of such lands for the fulfillment of the park and recreation
requirement. The procedures set forth in Article XI, of Chapter 240,
Subdivision of Land, shall govern except as modified herein. To the
Design Standards and Regulations Public Hearing
January 6, 2009
4
extent that this provision may be construed to be in conflict with Town
Law § 278 regarding clustered development, Town Law § 274-a
regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c
regarding the authority of the Zoning Board of Appeals, this provision
supersedes and amends such sections insofar as they place any
limitation on the Planning Board's application of such clustered
development to residential site plans or the requirement of the
fulfillment of the park and recreation requirement.
(a) Design requirements where cluster development is required:
1. Open space
Where required, cluster development design shall set aside
a percentage of buildable land as open space in accordance
with the schedule for Open Space, Buffers and Setbacks for
Residential Site Plans at the end of this chapter, in
Attachment 6.
ii. Open space shall be vegetated, with no more than 15% of
the land area to be irrigated.
iii.
Open space shall remain open and free of any buildings or
structures, except those structures related to the use of the
open space, including but not limited to split rail fences,
signs and boundary markers.
iv.
The location, use and design of the open space areas will be
determined by the Planning Board using the ERSAP, as set
forth above, and as set forth and regulated in §240-10C and
§240-44.
(7)
(8)
(9)
(reserved)
Minimum setback
The setback from the property line to all structures shall be
in accordance with the schedule for Open Space, Buffers
and Setbacks for Residential Site Plans at the end of this
chapter.
Minimum buffer
1. The buffer area shall be in accordance with the schedule for
Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter
(10) (7) Design considerations:
Design Standards and Regulations Public Hearing
January 6, 2009
5
(a)
The location, arrangement, setbacks, size, design, and general
site compatibility of buildings, structures, landscaping,
lighting, and signs, in keeping with the character of the
community;
(b)
The adequacy, safety and convenience of vehicular traffic
access and circulation, including driveways, rights-of-way,
curb cuts, intersections, pavement surfaces, traffic controls,
and designated areas for access to public transportation;
(c)
The adequacy, safety and convenience of pedestrian and
bicycle traffic and circulation, including sidewalks,
walkways, and pedestrian/vehicle conflict points;
(d)
The sufficiency, convenience and appearance of off-street
parking and loading areas, including visitor, employee and
overflow parking, parking and storage for trailers, boats, and
recreational vehicles, and the provision of alleyways;
(e)
The provision of and adequacy of emergency lanes, exits, tap
streets, other safety zones, and the provision of fire hydrants
to promote the public safety; and
(f) The proximity of recreational facilities and open space.
(g)
Garages preferred to be set back from the front faqade of the
building. Two-car garages should either have a separate door
for each bay, or have the appearance of an individual door for
each bay.
SEQRA review. The Planning Board shall comply with the provisions of the
New York State Environmental Quality Review Act (SEQRA), Article 8 of
the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005
by L.L. No. 12-2005]
Within 10 days after~.....~...~.v..'~*:~ v.^c*~'~..~ ~.~'~-~e~cm A~ re;'~z;;' accepting the
applicatiom the Planning Board shall forward the application to the
Architectural Review Committee for review. The Architectural Review
Committee shall review the application at their next regularly scheduled
meeting, and make a written recommendation to the Planning Board on the
site plan within 10 business days of that meeting .%'~°~'~3blq~. If the
Committee fails to make a recommendation within this time period, the
project shall proceed to the Planning Board for consideration without
Committee review. [Added 8-2-2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by § 280-131H, the Planning Board shall hold a separate preliminary
hearing on the application with notice provided pursuant to Chapter 55, Notice
of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Design Standards and Regulations Public Hearing
January 6, 2009
6
Affordable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of
§ 240-10B(2)(c) of the Code of the Town of Southold, Subdivision of Land,
pertaining to the provision of affordable housing, except in the Hamlet
Density zoning district the number of units to be set aside as moderate-income
family dwelling units (MIFDU) is reduced from twenty percent to ten percent.
The requirements applicable to lots within a subdivision in that subsection
shall apply equally to dwelling units in affected residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of
the Town of Southold, Subdivision of Land, pertaining to the reservation of
parkland in subdivisions, shall apply equally to residential site plans approved
under this chapter, except the fee per lot therein shall herein be applicable to
each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and
Other Security, and Article X, Required Public Improvements; Inspections;
Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of
Southold, shall apply equally to residential site plans approved under this
chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D
herein supersedes and amends New York State Town Law § 274-a regarding
site plan review to the extent that the Planning Board is empowered to impose
affordable housing, park and recreation and performance bond requirements in
the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-
2005]
Phased development. The Planning Board shall permit the phased
development of residential properties that meet all other applicable standards,
but shall condition the approval of the development of any permitted phase
upon the maintenance of the undeveloped phases in their undeveloped
condition, and shall prohibit all clearing and site preparation on such
undeveloped phases until such time as development is permitted. [Amended
8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length,
separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-
2005]
(1)
The Planning Board shall have the authority to reduce or amend yard
setback requirements for individual buildings in favor of a perimeter
setback for entire groups of buildings, to require that setbacks from
interior streets be varied, and to reduce or amend the requirements of
§§ 280-107 and 280-108, and to reduce or amend requirements for
open space. In making these decisions, the Planning Board shall take
into consideration the benefit to the applicant, as weighed against the
detriment to the health, safety and welfare of the neighborhood or
community. In making such determination, the Planning Board shall
also consider:
Design Standards and Regulations Public Hearing
January 6, 2009
7
(a)
Whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby
properties will be created by the granting of the amendment;
(b)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other
than the sought variance;
(c) Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which shall
be relevant to the decision but shall not necessarily preclude
the proposed amendment or variance.
(2)
This provision supersedes and amends New York State Town Law §§
267, 267-a, 267-b and 267-c insofar as these sections give such
authority to the Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision,
lot or parcel, designed to provide natural visual screening through the growth of dense
vegetation, and ideally including evergj'eens.
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Residential Site Plans
Size of Minimum open Minimum Minimum buffer
property space set-aside setback (in (in feet)2
(acres) (as a percent of feet)~
total land area of
project)
< 15 20 3_.Q0 20
15-39 3_9_0 3~5 25
> 40 50 7~5 50
Iperimeter setback from property line to all structures including driveways, patios
& decks (includes the buffer area). Setback must be vegetated. Where open space
is between the property line and the buildings, the buildings must be setback from
the open space a minimum of 10' as measured from the edge of structure to the
nearest edge of open space. The portion of the setback not encompassing the
buffer area is excluded from the open space calculation.
2 The buffer is located within the minimum setback. The buffer begins at the
Design Standards and Regulations Public Hearing 8
January 6, 2009
property line and extends in towards the interior of the parcel. The area of the
buffer shall be included in open space calculations. At the discretion of the
Plannine Board, buffers can either be "non-disturbance" meaning the buffer area
is left in its natural state and vegetation is not cut or removed, or a buffer can be
planted and landscaped according to a plan approved by the Planning Board.
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential
site plans in the Town of Southold.
Section 5. 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 6. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State.
I have a notice that it has appeared as a legal in the local newspaper, it has also appeared
on the Town Clerk's bulletin board outside. And in the file is a short term environmental
assessment form for unlisted actions to indicate that it has complied with the SEQRA
requirements. From Mark Terry, the LWRP coordinator which says in effect 'it is my
recommendation that the proposed action is consistent with the policy standards and
therefore is consistent with the LWRP.' From Jerilyn Woodhouse dated January 6, 2009,
'the proposed local law related to design standards for residential site plans etc. The
Planning Board has reviewed the proposed locals laws referenced above and supports
these code amendments. We agree that the hamlet business zoning district differs
substantially from the hamlet density zoning district in the uses that are permitted and the
general configuration and location of existing hamlet business zoned parcels. The
commercial uses as well as residential must be considered when retooling 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 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
predominate trend of building large homes to the exclusion of moderate size units. These
code amendments will benefit both the Town and private developers by eliminating
uncertainty and delays through clear guidelines.' A note from Charles Cuddy and
Charles is here this afternoon and perhaps he would prefer to read his own note?
Design Standards and Regulations Public Hearing 9
January 6, 2009
CHARLES CUDDY: I think I had a note last time. I have more to add.
COUNCILMAN WICKHAM: Okay. And in fact, I think some of these are repeats in
the file from the previous hearing. And so maybe I don't think I have any new notices at
this time and I think that is the...
SUPERVISOR RUSSELL: Before I go to public comment, I want to just get a
clarification from the attorney, there is a reference here to 'if the Planning Board finds it
appropriate, it can apply these standards to the hamlet business district' I thought it was
crystal clear and unambiguous that we were removing hamlet business from the
discussion.
ASSISTANT TOWN ATTORNEY CORCORAN: Well, as I understand that the, that
currently before the law is changed at all, clustering can be applied to any district
including HB or HD and so the new law does not change that, it makes it mandatory for
HD and retains the discretionary application of that to HB.
SUPERVISOR RUSSELL: I can appreciate that but it references specifically 'and size
limits apply' and 'can be applied'.
COUNCILMAN KRUPSKI: I think that (inaudible)
ASSISTANT TOWN ATTORNEY CORCORAN: The size limits of that as I understand
it are not applicable to HD. Excuse me, HB.
SUPERVISOR RUSSELL: The Planning Board has no authority to impose size limits on
the HB zones.
UNIDENTIFIED: That is true.
SUPERVISOR RUSSELL: Okay. Kieran, I am taking that as...
ASSISTANT TOWN ATTORNEY CORCORAN: That is how I understand it.
SUPERVISOR RUSSELL: Okay.
HEATHER LANZA: Heather Lanza, Planning Department. Do you want me to run
through this a little bit or not? Because there were some typos in the paper and there
were also ....
COUNCILMAN KRUPSKI: It wouldn't hurt to clear it up.
SUPERVISOR RUSSELL: Let's get some clarification. Clear it up with you and then
we will go to public comment.
Design Standards and Regulations Public Hearing 10
January 6, 2009
MS. LANZA: Okay. So, basically these code amendments require cluster development
of residential site plans in residential districts. That is how we distinguish between the
HB and the HD districts because the HB district is a business district, so that is what the
wording says. In our, the formatting made it look like the size limits, the minimum
setbacks and the minimum buffers apply to all residential site plans but they should have
been made subordinate to the clause where it says 'design requirements were clustered
development is required' and that is how we picked all that out from the rest of the design
standards. I know it is kind of hard to follow verbally but we double checked it to make
sure that, the way it was written in the paper was not correct. Your version should be
correct. The one that you are looking at now. So that the reserved, where it says
reserved, it is number two the minimum setback is number three. The paper had it
different. That is why I thought it was important to mention because most of the people
here don't have that version. So in section two of the design requirements, six A two, in
the paper it said it was seven in parentheses and it should have been, anyway, I am just
clarifying that your version is correct, it was a little wrong in the paper. Let's see, the
other typo was removing the references to the hamlet business district in the third local
law that is not up for public hearing but I just thought I would mention it, that your local
law still references the hamlet business zone, so that was a typo because we had gone
through a whole version where we took that out. And I have that here and I don't know if
you decide to pass that tonight, if you want to look at my changes or if you want to hold
off on that one. That one is referencing subdivisions and making the subdivision code
consistent with these other code amendments. So you could hold off on that one.
SUPERVISOR RUSSELL: Okay. This got a little confusing for me, I am sorry.
MS. LANZA: That is okay. Here, I can show you what happened.
SUPERVISOR RUSSELL: I understand the clear distinction between open space
requirements and size limits, I just want to make sure that as we march forward that the
will of the Board, which is to exclude hamlet business from size discussion, is inherent in
this. (Inaudible) but when you are referencing 240 you are also talking about, I mean,
the clustering I understand but when you reference 240, you are also referencing size
limits. So it is an ambiguous reference, because 240 also includes limit of size. It is the
definition of size. 240 also includes the definition of size of the residential dwelling unit.
COUNCILMAN WICKHAM: Why don't we clarify this at our next meeting and not try
to enact it tonight?
SUPERVISOR RUSSELL: Okay. You know what we are going to do? we are going to
go to public comment on this. We are probably going to get clarification on this before
we move forward with the vote tonight but just so there is an understanding, there are
some things that are going to be applied to hamlet density and hamlet business zones and
some things that are not. The one issue here is the size, defining size to hamlet density
versus size to hamlet business, which is a separate zoning issue.
MS. LANZA: Inaudible.
Design Standards and Regulations Public Hearing 11
January 6, 2009
SUPERVISOR RUSSELL: Okay. Alright. Well, let's go to the public, let's get some
input from everybody that wants to address this issue and then we will try to clarify it. I
am going to call on Mr. Cuddy first, okay?
CHARLES CUDDY: Thank you, good evening. Charles Cuddy. I was converting Mrs.
Egan to my side. She gets a lot of attention when she talks and I was hoping that with
that kind of attention, I would be in good shape. I would like to incorporate the remarks I
made at the prior hearing as part of this hearing, if that is agreeable. I would also point
out to the Board that this amendment, to me, these series of amendments, seems to strike
at what zoning is all about. If you change the characteristics of the zone, you essentially
change the zone. If you change a zone which is an ad hoc change and that is what we are
talking about here because you are basically changing the 46 acre parcel. I know there is
another parcel, too, but that is rather minor. If you did that, you would essentially be
doing spot zoning. I think what you are doing here is back door spot zoning. You
change the characteristics but you don't change the name. I think that is wrong and I
don't think it should be approved but I want to go a little bit further. There doesn't
appear to me to be any rigorous planning process that underpins the concepts that are
being adopted. Despite protests to the contrary, there is really no updated comprehensive
plan in this town. The hamlet study that you talk about didn't ever incorporate this
parcel. There really is no indication that other HD developed sites have been considered
and there are other HD developed sites and I think you have ignored some fundamental
considerations. I think that this amendment will result in significantly smaller residential
units and if that is going to happen, then it is going to impact the value and it means it is
going to impact the value of the residential areas surrounding this and I don't know that
that has been considered. The way the plan is right now, the units would be larger, I
think the value would be greater, I think that would be a plus for the surrounding area. I
think this is going to be a minus for the surrounding area. I think you also haven't
realized that the actual number of units are going to increase. Right now, the applicant
has three to an acre. When you get through here, you are still going to have four to an
acre and you are going to place them in half the property, less than half the property. If
you do that, you are going to have six to seven units per acre of building. I don't know if
the town really is looking for that, but that is what is going to happen. That is the useable
land is going to have six to seven units on it. I don't know if you considered the tax
consequences, if you have over 55 which is the proposal this applicant had, then the
school district is going to get several hundred thousand dollars probably without any
drawdown. If you don't have over 55, you are going to have a great possibility that the
taxes are simply going to be used for more school children. So I think those things are
important and I also think it is important that you take an applicant that has been here for
four or five years and you let him rely on existing zoning and you don't make it
retroactive. To come here and say to you that I have a plan and I could do this for just a
single house, and you don't like my plan because I want 3,000 square feet and you would
like me to have 2,000 square feet; I hope that doesn't happen but I can see with this kind
of thinking, it could happen because I think all we are talking about tonight and the only
support that is really here is a personal preference. What you would like as opposed to
what somebody else would like but you have to be able to rely upon zoning sometime
Design Standards and Regulations Public Heating
January 6, 2009
12
and there must come a time when you say the zoning that a person has when they come
here is fixed and they can rely upon it. If not, then zoning really doesn't mean anything.
I am just surprised that we have gone this far with this type of thinking. Board members
I know and I know most of you are rationale, you are sensitive. But collectively,
sometimes you make what I think are egregiously bad decisions. I think this could be
one of them. I don't think it is factually supportable, I don't think it is legally sustainable
and I would ask that you not adopt it. Thank you.
SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board?
Mr. Huntington? I am sorry, why don't you come up first, Barbara?
BARBARA MACADAM: Good evening, happy new year to all. Barbara MacAdam,
Crown Land Lane, the neighborhood to the west of the Heritage. I just wanted to say that
the legislative intent of this resolution is good in that it recognizes the profound impact
that this development is likely to have on the existing community. I would just like to
point out though, under the design considerations item 10 E, seems to contradict that
recognition. And 10 E just to refresh your memory says 'the provision of and adequacy
of the emergency lane exits, tap streets, other safety zones and the provision of fire
hydrants to promote the public safety' if you think about it and I will refresh your
memories again, opening up Spur Road and Bridle and or either of them to Highland, it is
going to create a bypass essentially, all the way from Crown Land Lane to Depot Lane
and vice versa. So essentially it will be an alternate route through the hamlet of
Cutchogue which is going to be devastating to my neighborhood. We have 189 residents
currently, 65 of them are children under the age of 18 and the likelihood is that that
proportion is going to remain pretty constant, as seniors like myself over the next decade
or so you know, sell out big homes to families. We are always going to have a lot of kids
in that area and you know, part of the charm of that area currently is that it is a no outlet
place to live, it is very safe. You know, our kids can ride their bikes, we have people
from outside the neighborhood who come to ride their bikes and jog because they know it
is a safe place to do those activities. We have tons of trick or treaters on Halloween
because the parents know it is going to be a safe place to drop off the kids and you know,
they can do that kind of thing. But to open it up to what we call the Heritage highway, it
is going to devastate the area. And when we talk about public safety, I think you really
need to be sensitive to that. I know that the Planning Board has heard us, the message
has gotten through to them. I am at every Planning Board work session, every Monday
and in November, they sat down with the traffic consultants from Greenman, Peterson
and from the questions and comments they made to those consultants, it is obvious that
they are aware of you know, how devastating this will be to our neighborhood and we are
not just worried about property values, it is going to be a true safety issue. It is beyond
rural character, it is beyond quality of life, it is going to be a true safety issue because it
won't be just residents of the Heritage driving through our streets, it will be everybody in
Southold, resident and visitor alike. And you know, we have all been on Main Road in
the summertime during those really busy events where everybody, everyone of us has
wished that there was a shortcut out of that and it is going to be happening. You know, I
have lived in the area 15 years now and that no outlet sign was there before I got there.
so I guess Town Board's in the past or Highway Departments in the past and Planning
Design Standards and Regulations Public Hearing
January 6, 2009
13
Board's in the past, realized that was needed. You know, what would happen. So, I just
ask you to be especially sensitive to that as you deal with this project as it unfolds. In
terms of the access, and that has been my primary mission since I got involved with this
whole thing two years ago, to protect our neighborhood because of the traffic and access
issues. There are other things that can be done. There are precedents that have been set
for condominiums in both Southold Town and in Riverhead. And Riverhead,
surprisingly, seems very conscious of the impacts to local, adjoining neighborhoods and
wanting to minimize them. So having one way in and out for the most part and leading it
toward major arteries rather than through, you know, neighborhoods, the way this would,
is something that, you know, they are conscious of and I think that you know, we need to
be cognizant of as well. I am going to pass on to you just a little list that I put together of
about 11 developments in Riverhead and 8 in Southold so that you can look at them and
where they are at and where their access points are and perhaps, you know, something
that we can think about as we deal with the Heritage as it unfolds. Thank you.
SUPERVISOR RUSSELL: Thank you.
RAY HUNTiNGTON: Now that you have put your team together for the new year, I
want to wish you a very pleasant new year. All of you.
COUNCILMAN ORLANDO: Thank you.
MR. HUNTINGTON: With respect to the residential site plan before us...
SUPERVISOR RUSSELL: For the record, it is Ray Huntington, Cutchogue.
MR. HUNTINGTON: Ray Huntington, Cutchogue. That is correct. I think it is really
well considered and well written. I have wrestled with Southold code for a long time, not
as a lawyer, I am not a lawyer but I have wrestled with the code and I think this adds
clarity and it addresses an area that needs very sorely to be addressed. It is, of course,
very difficult to understand all of the ramifications that can exist here but I do think it is a
good addition to the town code, well constructed. I think we would profit well from
adopting it and perhaps fixing what might be not quite home yet. However, it is a good
job I think. There is one part I would like to comment on, too, and that is in the
legislative intent. It refers to the comprehensive plan. I was very gratified to see that that
reference to the comprehensive plan there because it is on that plan that we build our
whole town code, the agreement in the community, one neighbor to another, of how we
are going to behave. It is an oblique reference, though, to the comprehensive plan and
this is a vital part of our government and I think we need to go further in clarifying what
the comprehensive plan is. This is, it can be the foundation for this kind of legislation in
our whole town code of course, so I look forward to seeing this pass and I also look
forward to further clarification of the comprehensive plan.
SUPERVISOR RUSSELL: Thank you. Benja?
BENJA SCHWARTZ: Good evening, Benja sledgehammer, I mean Schwartz, from
Design Standards and Regulations Public Hearing 14
January 6, 2009
Cutchogue. Tom, the letter you were reading earlier was from the Planning Board, is that
correct?
COUNCILMAN WICKHAM: Yes. A memo dated January 6th.
MR. SCHWARTZ: A memo, okay. Have we received anything from Suffolk County?
SUPERVISOR RUSSELL: Suffolk County Planning Commission.
COUNCILMAN WICKHAM: I think we did, the first time around.
ASSISTANT TOWN ATTORNEY CORCORAN: Yes, it was a matter of local
determination.
COUNCILMAN WICKHAM: That is right.
MR. SCHWARTZ: Okay. So will that carry over to this hearing? We don't need to
notify them again? Okay. That is good because that was the holdup why you could not
make a decision at the last, after the last public hearing. I am really surprised at one of
the previous speakers references to the law, but it made me think that when those kind of
people talk about property rights, they really don't understand what the basis of property
rights are. The basis of real property rights are that if you own real property, you can
continue to own it and use it the way it is. If you are going to develop the property into
something different, that is not really, in my book, that is not property rights, that is
property developers rights. Not a property owners rights. Because you know, nobody
owns a development on the farmland in the center of Cutchogue. They own the farmland
and whether you allow them to develop that or not, the law is very clear. That is up to
you. The comments made about the lack of a master plan are really, if that is true that
there is no master plan at all, nothing holding together the planning for this community,
then the entire zoning code goes out the window. And what that would do to the property
rights all over town, etc. is be throwing the baby out with the bathwater to go with that.
To call this proposed law a spot zoning is just, you know and to say that there was no
thought or no study gone into it, I think it is a very carefully developed and deliberated
proposal and if the only opposition to it is that it is spot zoning, that doesn't make any
sense. It is the opposite of spot zoning, the reason that people are opposing leaving the
zoning the way it is is because of the impact that the development that could occur under
the current zoning would have on the rest of the community. Similarly there was a
mention that this new law would make the impact even greater and increase the number
of units to up to seven units an acre and that is entirely up to the developer how he is
going to work that out but to me really, everything he said was an argument for a
moratorium until we can complete a comprehensive master plan and a, in conjunction
with the comprehensive master plan, implementation measures including a upzoning, a
density upzoning, specifically limiting the number of units on this property and possibly
allowing increased density if it is proven that the, there won't be adverse impacts from
such density. But the current law permitting four units per acre there really was based on
planning that foresaw that four units per acre would be supported by public water and
Design Standards and Regulations Public Heating 15
January 6, 2009
public sewer. And it is very clear there is not going to be public sewer there, there is a
possibility of private sewer but that is not the same as public sewer and it is very clear
that the public water in Southold Town, there is already a public water shortage. We are
importing water from Riverhead. There was, the impetus for the Suffolk County Water
Authority to come in to Southold Town was a shortage of public water in Greenport.
They were pumping the water so fast from the aquifer that the salt water was being drawn
into the aquifer there. The Suffolk County Water Authority came in and with ail the
wells all over town, still having trouble supplying the existing current population. I
believe right now we are getting a significant proportion of our water from the aquifer
under Riverhead Town which is much deeper and bigger and not dependent on rain and
precipitation for recharge. But it is also not unlimited. I think we need to look at that and
I think we will be looking at that in an ongoing fashion. But for now, I am very pleased
that the Board is considering at least doing something to alleviate the current problems.
Thank you.
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board on this issue?
ELLEN PATERNO: I am Ellen Patemo of Cutchogue and I also would like to thank the
Board for addressing this issue. It is a very serious issue and I think it is not targeting one
development project, it is really for the, ongoing for the town and all the building
requests that will come in. So it has to start somewhere, it has to start now. And I think
it is a very good thing that you are leaving a lot of the land not built and it is really
important I think for the north fork and the north fork that we want to keep here and a
farming community and the other thing is that the sewer issue, I agree that it has to be
cluster zoning but I think the sewer issue cannot be ignored, it is a serious issue not just
for the groundwater but for our water ways, the Peconic Bay. And I think that has to be
an overriding issue. I have written to the Health Department about it and I am not
satisfied with the answer they get, I don't understand why even public water should be
linked to sewer, having to have a sewer disposai but you know, I think that you, I fully
support your efforts and I really hope that you will move forward in that area and I don't
think that any particular developer should have the power to say that you need to stop it.
I think it is really for the entire town and the benefit of the entire town.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up? Mr.
Wills?
FRANK WILLS: Good evening, Frank Wills, Mattituck. I was wondering how in new
rules for building and clustering, whether consideration should not be given to imposing
energy star rules on new construction and while our new rules are things that help the
environment, especially conserve energy, the other one would be lighting rules and
regulations that we are working on and possibly might be of vaiue to be added to the list.
SUPERVISOR RUSSELL: Actually, you are on the very committee that is helping me
work on that. They were before the Town Board recently to discuss initiatives for the
new year, one being a dark skies initiative. The dark skies lighting initiative. The other
Design Standards and Regulations Public Hearing
January 6, 2009
16
one would be to adopt energy star standards. A lot of western communities have done
that, they have done that for the commercial sector although in Southold that wouldn't be
very meaningful because the residential sector is the larger block of property out here.
We did talk about that, the Board is interested in hearing what they have to say.
Hopefully in the near future we will have something to present to the Town Board on
both of those.
MR. WILLS: Great. Thank you.
SUPERVISOR RUSSELL: As a matter of policy, the Planning Board is already adopting
a dark skies review process. When they review site plans, they have the prerogative now
to some extent. There are some glitches, Heather e-mails me on a regular basis to let me
know but they do try to impose a dark sky standard on all of their reviewing processes.
Would anybody else like to come up and address the Town Board on this particular
issue? Please.
KELLY EVERS: I am Kelly Evers and I live in Cutchogue. And more specifically, I
live on Schoolhouse Road. So this development is very important to me. I understand
you are carefully considering all the public comments that are being made here tonight,
so I wanted to comment on a few things people have spoken about. Firstly, Barbara's
comments on the safety of the neighborhood is of course, you know, very important to
me being that I have four children and our lives would drastically be affected by this
development in any shape or form, I mean, but the size that is being proposed right now
is certainly unacceptable. Considering Schoolhouse would be the main entrance and exit
point for all of the residents as it stands now. I also would comment on Mr. Cuddy's
comments. He first said that reducing the size of this development would have a
negative affect on the residents and I can say that in fact, it would not have a negative
affect. The development itself is having a negative affect, the proposal of it. But if it
never existed, it would actually be a very positive thing. Secondly, he commented that
changing the rules midstream would be very detrimental to the builder but when I bought
my house, I did not have major traffic condition and by building this development, it
would create a major traffic condition and it would then be changing the rules, my rules,
as a resident who should have rights in our neighborhood to not bear the brunt of all this
traffic from this development. So you know, I don't really agree with any of his
comments and I just wanted to point that out to you. And that is really what I wanted to
talk about.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town
Board on these series of legislative initiatives?
ASSISTANT TOWN ATTORNEY CORCORAN: As a matter of procedure, you are
going to need to open up the, I think you only opened one local law. Correct? You
opened the hearing on one local law?
COUNCILMAN WICKHAM: This one was one. Design standards.
Design Standards and Regulations Public Hearing 17
January 6, 2009
ASSISTANT TOWN ATTORNEY CORCORAN: Right.
COUNCILMAN WICKHAM: We still have the size of dwellings to go, don't we?
ASSISTANT TOWN ATTORNEY CORCORAN: Yes.
COUNCILMAN WICKHAM: So we will do the second one?
JUSTICE EVANS: Should we close the first hearing?
ASSISTANT TOWN ATTORNEY CORCORAN: You should have closed the
development right hearing and then you will need to close this one.
SUPERVISOR RUSSELL: Let's defer to the public and then we will square away our
house in a second.
PETER LAKE: My name is Peter Lake, I live in Cutchogue, specifically Highland Road.
Some of what I have heard as far as setbacks being 75 feet, is that correct? Is that what
the proposed is?
SUPERVISOR RUSSELL: Heather? I believe so.
COUNCILMAN ORLANDO: It changes per lot size.
MR. LAKE: Seventy five. What is that in reference to? From my property line to where
they are able to start?
COUNCILMAN KRUPSKI: The minimum buffer. The minimum buffer would be 50
feet as proposed, in other words, nothing could happen within the first 50 feet of an
adjacent property line and then the minimum setback for a building would be 75 feet.
MR. LAKE: Okay. When you go to all the building department meetings and they keep
talking about how it is going to affect the existing community. I mean, my house is 78
feet wide. If you tell me less than the depth of my house, no the width of my house ....
SUPERVISOR RUSSELL: There is two separate components to the open space or the
buffer. One is the mandatory buffer of 50 feet, that is a non-disturbance buffer. That is a
buffer that you can't touch. Then from there you have 75 feet before you can locate a
dwelling.
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: No. That is inclusive?
UNIDENTIFIED: So what is the total?
Design Standards and Regulations Public Hearing 18
January 6, 2009
MR. LAKE: That is what I am questioning.
COUNCILMAN WICKHAM: Where do you live?
MR. LAKE: I live on Highland Road, 2270.
COUNCILMAN WICKHAM: I don't think this law would apply to you.
SUPERVISOR RUSSELL: No, what he is talking about is his impact on, in other words,
can a structure be located within 75 feet of his house?
MR. LAKE: I don't want to be like NIMBY but it is in my backyard. For a lot of
residents, it is in our backyards. I mean, that little of a buffer, how is that not supposed to
affect us?
COUNCILMAN WICKHAM: I see.
MR. LAKE: Yeah, you know, I came out here from Queens because of the open space
and everything like that.
SUPERVISOR RUSSELL: The Planning Board has the authority to expand open space
to design, in other words, we are starting a new template now on the size of the units and
everything else. The units aren't going to be scattered along the entirety of the property
like they were before. Half of it has to be in open space. The Planning Board has the
discretion to design or to insist on designs that reduce the impacts on your community as
best they can. These just set minimum standards. They are not...
MR. LAKE: When you are dealing with a property with the amount of dwellings as this,
I think there should be a much greater because of the effect that it is going to have on the
entire community.
COUNCILMAN KRUPSKI: They can impose a greater buffer. This is the minimum.
SUPERVISOR RUSSELL: They can. This is the minimum.
COUNCILMAN KRUPSKI: They can't clear it within 50 feet of the property line.
COUNCILMAN ORLANDO: And the structure at 75 feet.
MR. LAKE: Well, the way it was written, it was just 75. That is why...
SUPERVISOR RUSSELL: No, okay, what this suggests is that the Planning Board has
no authority to go less than that but they certainly still retain the authority like they have
always had to make it go greater than that. Expand that. And when this design is being
worked on, that is when you come before the Planning Board and say, this has a
deleterious affect on my house, I want to see a bigger buffer. We went through this the
Design Standards and Regulations Public Heating 19
January 6, 2009
first few times with a couple of maps that were within a few feet of the property line. So,
it is the same process all over again. It just sets a bare minimum as to what the Planning
Board can approve, they still have the right to expand that separation between new
structures and existing structures. They have all that authority to do that.
MR. LAKE: So it is still pretty much an open thing at this point?
SUPERVISOR RUSSELL: Yes, it sets....go ahead.
MS. LANZA: Heather Lanza. I just wanted to make the point that the setback right now,
this doubles what is in the code right now, so this is actually ....
MR. LAKE: But is still not enough.
MS. LANZA: Okay. Well, just letting you know that.
SUPERVISOR RUSSELL: But it doubles the hard setback, again, they still have the
discretion to make those setbacks broader or wider than 75 feet. Which they have done
already on the first few designs. That would be the public component where you come in
and say this is deleterious, I want to see a bigger buffer, that is the give and take you have
with the Planning Board.
MR. LAKE: To be continued.
SUPERVISOR RUSSELL: Mmmhmm.
MR. LAKE: Okay.
STEVE TETTELBACH: Hi, my name is Steve Tettelbach, I live on Crown Land Lane,
just over from Highland. I would like to ask a question, you talk about this buffer. You
said that that would be were there is no disturbance to the existing vegetation?
SUPERVISOR RUSSELL: We defined the buffer, I am going to refer this to Heather,
because we actually had a long discussion on what kind of buffer we were going to
entertain and we do distinguish between a non disturbance area and an area that can be
maintained but then we restrict the maintenance. I am going to refer this to Heather.
MS. LANZA: Yeah. So in places, we couldn't call it a non-disturbance buffer in places
where there is no vegetation, so say a fallow farm field, it has no trees, we wanted to give
the opportunity to add landscaping to that if it is all open, so that it truly could become a
vegetated buffer. So the way we worded it, I don't know if you can see that in the, I
could read it if you are interested.
SUPERVISOR RUSSELL: Yeah, would you please, Heather?
MS. LANZA: So here is how the buffer is defined. It is located within the minimum
Design Standards and Regulations Public Hearing
January 6, 2009
20
setback. 'The buffer begins at the property line and then extends in toward the interior of
the parcel. The area of the buffer shall be included in open space calculations. At the
discretion of the Planning Board, buffers can be either non-disturbance, meaning the
buffer area is left in its natural state, vegetation is not cut or removed or a buffer can be
planted and landscaped according to a plan approved by the Planning Board.'
MR. TETTELBACH: Just a point which some of you may be aware of, the existing
property that is owned by the developer is one where hundreds, literally hundreds of trees
have been dug up and removed from right along the edge of that buffer. So it is going to
directly impact the people that live along there. So I think that is something you need to
take into consideration and perhaps it would warrant replanting some of those trees to
leave the buffer as it was. Yes, it is a fallow farm field but there are quite a number of
trees ....
SUPERVISOR RUSSELL: We actually talked about that at length and we are insistent
on making sure the Planning Board had the authority to insist on visual screening
plantings, things like that. The idea of a buffer isn't just to put space in between
structures but to present, you know, to prevent a visual blight. So that was, we made sure
that they had all the authority to do that.
MR. TETTELBACH: Okay. Thank you.
SUPERVISOR RUSSELL: And if there are any natural features worth protecting, to
make sure that that would be part of the protected non-disturbance area. It is all subject
to their determination.
MR. TETTELBACH: Thank you.
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board on this?
This hearing was closed at 5:49 PM
Elizabeth A. Neville
Southold Town Clerk
SOUTHOLD TOWN BOARD
PUBLIC HEARING
October 21, 2008
4:40 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Thomas Wickham
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Town Clerk Elizabeth A. Neville
Town Attorney Patricia Finnegan
This heating was opened at 5:31 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 Design Standards and Regulations for Residential Site Plans 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 21st day of October, 2008 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law In Relation to Design Standards and
Regulations for Residential Site Plans in the Town of Southold" reads as follows:
LOCAL LAW NO.
2008
A Local Law In Relation to Design Standards and Regulations for Residential Site
Plans in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 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
Design Standards and Regulations for Residential Site Plans 2
October 21, 2008 Public Hearing
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
commtmity. 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 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
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of
housing stock, promote affordabilit¥, meet the needs of the existing population and
protect groundwater, open space and community character.
The Planning Board's review of the application and plans with respect to
residential site plans shall include their compliance with the following:
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
(1)
The requirement that the applicant attend a presubmission conference,
at which time the applicant, the Planning Board and planning staff
shall discuss the salient design features of the application. At such
conference, the applicant shall he provided with a copy of the then-
existing design manual as adopted by the Planning Board.
(2) The applicable provisions of this chapter.
(3)
Where applicable, Town Law § 274-a and General Municipal Law §
239-m.
(4)
Construction standards and specifications of the Town highway
specifications, Chapter 161 of the Code of the Town of Southold.
(5)
The requirements of the existing resources and site analysis plan(s)
(ERSAP) and the allowable density of dwelling units as calculated
using the yield plan criteria for standard subdivisions set forth in §§
240-10A and B(2) of the Code of the Town of Southold, Subdivision
of Land.
(6)
The provisions of Article XI, Cluster Development, of Chapter 240 of
the Code of the Town of Southold, Subdivision of Land, as may shall
be applied by the Planning Board ia4ts-dis~vt~fi~a-to residential site
· uA 'r ...... ~ ,u~ ~,...~ ~a .... : ..... ~:,:~ hr .... ~n~a~ In doing
so, the Plying Bo~d shall establish conditions on the omership, use
~d mainten~ce of such open l~ds as it deems necess~y to ~s~e
· e prese~ation of the nat~al ~d scenic quflities of such open l~ds
~d shall not pe~it ~e use of such l~ds for ~e fulfillment of the
p~k ~d recreation req~rement. ~e procedures set fo~h in A~icle
XI, of Chapter 240, Subdivision of L~d, shall govem except as
modified herein. To the extent ~at this provision may be cons~ed to
be in conflict with Tom Law ~ 278 reg~ding clustered development,
To~ Law ~ 274-a reg~ding site pl~ review, or To~ Law ~ 267,
267-a, 267-b or 267-c regmding the authority of the Zoning Bo~d of
Appeals, this provision supersedes ~d mends such sections insof~ ~
they place ~y limitation on the Plying Bomd's application of such
clustered development to residentifl site plus or the requirement of
the ~lfillment of the p~k ~d recreation requirement.
(7) Design requirements:
(a) Open space
1. Open space set-aside required shall be in accordance with
the schedule for Open Space, Buffers and Setbacks for
Residential Site Plans at the end of this chapter, in
Attachment 6.
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
4
Open space, for the purpose of this chapter, shall mean
contiguous areas of land meant for common use by the
owners of units within a residential site plan and/or use by
the general public.
Open space shall be vegetated with native, natural
vegetation over most or all of it, with no more than 15%
allowed to contain fertilizer and/or irrigation-dependent
vegetation, except in the case of community gardens, which
may occupy up to 20% of the open space.
Open Space shall remain open and free of any structures,
except those associated with walking paths, and in the case
ora community garden one shed no greater than 300
s.figross floor area for the purpose of storing garden
supplies is allowed.
The location, use and designation of open space areas will
be determined by the Planning Board using the ERSAP,
and as set forth in and regulated by §240-10C.
For the purpose of these requirements, community gardens
are areas of land where residents of the community are
assigned a plot where they may grow flowers, fruits,
vegetables, grains or other crops.
Drainage. Open space areas may be used for drainage only
if designed so they are useable (for walking, picnics, etc.) a
majority of the time except for a short period after an
exceptionally heavy rainfall (e.g. shallow natural vegetated
swales), or are set aside as non-disturbance areas for
wildlife habitat (must be entirely vegetated with native
species, and contain no structures).
(b) (reserved)
(c) Minimum setback
1. The setback from the property line to all structures shall be
in accordance with the schedule for Open Space, Buffers
and Setbacks for Residential Site Plans at the end of this
chapter.
(d) Minimum buffer
1. The buffer area shall be in accordance with the schedule for
Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter
Design Standards and Regulations for Residential Site Plans 5
October 21, 2008 Public Hearing
(e) Accessory apartments
Accessory apartments are permitted in residential site plans
by special exception from the Zoning Board of Appeals
only as set forth in and regulated by §280-13B(13).
2. Accessory apartments are not permitted in two-family or
multiple dwellings.
(2) (7) Design considerations:
(a)
The location, arrangement, setbacks, size, design, and general
site compatibility of buildings, structures, landscaping,
lighting, and signs, in keeping with the character of the
community;
(b)
The adequacy, safety and convenience of vehicular traffic
access and circulation, including driveways, rights-of-way,
curb cuts, intersections, pavement surfaces, traffic controls,
and designated areas for access to public transportation;
(c)
The adequacy, safety and convenience of pedestrian and
bicycle traffic and cimulation, including sidewalks,
walkways, and pedestrian/vehicle conflict points;
(d)
The sufficiency, convenience and appearance of off-street
parking and loading areas, including visitor, employee and
overflow parking, parking and storage for trailers, boats, and
recreational vehicles, and the provision of alleyways;
(e)
The provision of and adequacy of emergency lanes, exits, tap
streets, other safety zones, and the provision of fire hydrants
to promote the public safety; and
(f) The proximity of recreational facilities and open space.
(g)
Garages must be set back from the front facade of the
building. Two-car garages should either have a separate door
for each bay, or have the appearance of an individual door for
each bay.
SEQRA review. The Planning Board shall comply with the provisions of the
New York State Environmental Quality Review Act (SEQRA), Article 8 of
the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005
by L.L. No. 12-2005]
Within 10 days after completion of the SEQRA review, the Planning Board
shall forward the application to the Architectural Review Committee for
review. The Architectural Review Committee shall make a written
recommendation to the Planning Board on the site plan within 10 business
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
days of receipt of the referral. If the Committee fails to make a
recommendation within this time period, the project shall proceed to the
Planning Board for consideration without Committee review. [Added 8-2-
2005 by L.L. No. 12-2005]
6
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by § 280-131H, the Planning Board shall hold a separate preliminary
hearing on the application with notice provided pursuant to Chapter 55, Notice
of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Affordable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of
§ 240-10B(2)(c) of the Code of the Town of Southold, Subdivision of Land,
pertaining to the provision of affordable housing. The requirements applicable
to lots within a subdivision in that subsection shall apply equally to dwelling
units in affected residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of
the Town of Southold, Subdivision of Land, pertaining to the reservation of
parkland in subdivisions, shall apply equally to residential site plans approved
under this chapter, except the fee per lot therein shall herein be applicable to
each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and
Other Security, and Article X, Required Public Improvements; Inspections;
Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of
Southold, shall apply equally to residential site plans approved under this
chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D
herein supersedes and amends New York State Town Law § 274-a regarding
site plan review to the extent that the Planning Board is empowered to impose
affordable housing, park and recreation and performance bond requirements in
the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-
2005]
Phased development. The Planning Board shall permit the phased
development of residential properties that meet all other applicable standards,
but shall condition the approval of the development of any permitted phase
upon the maintenance of the undeveloped phases in their undeveloped
condition, and shall prohibit all clearing and site preparation on such
undeveloped phases until such time as development is permitted. [Amended
8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length
and separation and courts. [Amended 8-2-2005 by L.L. No. 12-2005]
(1)
The Planning Board shall have the authority to reduce or amend yard
setback requirements for individual buildings in favor of a perimeter
setback for entire groups of buildings, to require that setbacks from
Design Standards and Regulations for Residential Site Plans 7
October 21, 2008 Public Heating
interior streets be varied, and to reduce or amend the requirements of
§§ 280-107 and 280-108. In making these decisions, the Planning
Board shall take into consideration the benefit to the applicant, as
weighed against the detriment to the health, safety and welfare of the
neighborhood or community. In making such determination, the
Planning Board shall also consider:
(a)
Whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby
properties will be created by the granting of the amendment;
(b)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other
than the sought variance;
(c) Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which shall
be relevant to the decision but shall not necessarily preclude
the proposed amendment or variance.
(2)
This provision supersedes and amends New York State Town Law §§
267, 267-a, 267-b and 267-c insofar as these sections give such
authority to the Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A naturally vegetated area along the boundaries of a subdivision, lot or
parcel, designed to provide screening
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Residential Site Plans
Size of Open space set- Minimum Buffer (in feet)2
property aside (as a setback (in
(acres) percent of total feet)~
land area of
proiect)
< 15 2_.~0 3_9.0 2_.~0
1 5 - 3 9 30 35 25
~ 40 50 75 50
~Perimeter setback from property line to all structures including driveways, patios
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
8
& decks (includes the buffer area). Setback must be vegetated. Where open space
is between the property line and the buildings, the buildings must be setback from
the open space a minimum of 10' as measured from the edge of structure to the
nearest edge of open space. The setback is not included in the open space
calculation.
2 The buffer is included in the minimum setback. The buffer begins at the
property line and extends in towards the structures. The buffer is not included in
open space calculations, except where open space occurs between the perimeter
property line and structures.
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential site
plans in the Town of Southold.
Section 5. 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 6. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
This has appeared as a legal in the local newspaper and I have here a copy of the copy
that was out there on the bulletin out there noticing it. We have in the file comments
from the Planning Board which strongly support the law and call for a number of
relatively small editorial changes but I would say not significant in terms of content.
There are several other things in the file that are important but rather than my trying to
summarize it, I wonder if I could turn to our Planning Director for the Town who could
very briefly summarize what this law is about. I will just read the purpose of it.
(Reading from local law). Heather, would you like to just briefly summarize what this is
about?
HEATHER LANZA, PLANNING DIRECTOR: Okay, I think just as a summary for
how we got to where we are with the proposed code amendments. I think we were
looking at our highest density residential zoning districts and trying to find a way to meet
the needs of the Town, Town planning goals of providing for more moderate size
housing. That is really the gist of what we are trying to do here. Some other benefits that
go along with what we are proposing are protecting groundwater and also protecting
some more open space. Right now we have some site plans, residential site plan design
guidelines in the code but they are fairly vague and we thought that being more specific
would provide better guidelines to applicants so that when they come in with plans, they
are plans that the Planning Board and the Town Boards feel that suit the needs of the
Town and meet the goals of the Town. Do you think that sums it up?
SUPERVISOR RUSSELL: Yes. Thank you, Heather. Would anybody like to come up
Design Standards and Regulations for Residential Site Plans 9
October 21, 2008 Public Hearing
and address the Town Board on this particular issue? Mr. Cuddy?
CHARLES CUDDY: Good aftemoon, I am Charles Cuddy, I represent the Heritage
which is certainly the object of much of the resolution that is before you. If I could, I
would like to have the opportunity to address all three of those, incorporate my remarks
as they proceed. I think all three of them are certainly together and affect the applicant
much the same. At the end of my remarks, I also would like to hand in a letter I had
previously written so it will be made part of this public record. If you bear with me, I
would like to go through not what new applicants face but what an existing applicant has
faced because what we are doing, frankly, is changing the rules in the middle of the
game. This applicant was here in 2002, six years ago. Six years ago, the Board decided
to have a moratorium so that you could study subdivisions and residential site plans. You
did that for more than two years. At the end of that time, you then adopted new
regulations which were regulations for subdivisions, none for site plans. The existing site
plan regulations stayed as they were. Six to seven months later, in 2005 January, you
then adopted some new residential site plan regulations. This applicant then proceeded
with his application, he had in 2004, he continued it in 2005. At that point we asked that
the SEQRA analysis be done. The SEQRA analysis took a year to get started. One year.
We then had a consultant hired by the Town review the SEQRA process and this
application. When he got through, he recommended against an EIS, that is an
environmental impact statement, he was overruled by the Planning Department and the
Planning Board. So the applicant then has proceeded with the SEQRA and he has gone
for the last year and half, and he is just about through, with his SEQRA application and
now for the first time, he is faced with brand new rules and these rules aren't casual, I
think that we should all understand that the rules require mandatory clustering, open
space that is 50% of the site, it requires not only open space but it requires that there be a
perimeter buffer of 50 feet. It requires a setback of 75 feet from the perimeter and it
requires that you have one half of all the housing at 1,600 square feet including a garage
and then the other half, perhaps you can have at 1,800 or 2,000 if you meet the
requirements, the mathematical requirements that are set forth. So here, you have done
an extraordinary thing, you have actually changed the whole tone of what the layout and
design of this application is about. So it is not a very casual thing we are talking about, it
is a very significant thing to this particular applicant and to justify that, as I understand it,
the Town has gone to the Planning Department and talked about a comprehensive plan
which I am not sure what it means, it seems to be a floating comprehensive plan. The
master plan that this was predicated on was adopted two decades ago and yet we now go
back somehow and something in that master plan that is applicable here. The very Town
Planner that has just talked about this plan, a year ago November 2007, said there should
be an updated comprehensive plan. That was never done. So what we have now is an
application before the Planning Board that is going to start out on brand new rules. And
this is after six years. There has to be some fairness at some time in the zoning process.
You can't ask people to rely on zoning and then change the rules in the middle of the
game. I think that is wrong to do, I think it shouldn't happen here and I think it is
happening to this applicant. I think that there is no study that supports this. I just heard
you go through the SEQRA process. Was there any indication in that process that there
are other applications or existing sites that are affected? I don't think that was taken into
Design Standards and Regulations for Residential Site Plans 10
October 21, 2008 Public Hearing
consideration and there are existing sites that would be affected by this and I don't know
that the SEQRA has been done properly. So I would ask you to look at the SEQRA, I
would ask you to find the study, someplace, that supports this. I don't know anybody
who is qualified to make all the determinations that have been made in these three
amendments and I doubt very much that the Town has hired somebody to do that. I don't
think that there is any study that supports this. In summary, I would point out to you that
your first study, 2004, had nothing adopted right after it for residential site plans. In
2005, you apparently reverted back, used that old 2004 study and did something. Today
what you are doing is you are making a change without a study and I am serious when I
say without a study. Because I don't think there is any study that supports what is
proposed today. I say to you that this is ad hoc zoning, it is site specific zoning, it is
wrong zoning. It shouldn't be done and quite frankly, there is an unfairness and it is
more than unfair, it is a bad law and I would hope that you would not adopt it. Thank
you.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and
address the Town Board on this heating?
BENJA SCHWARTZ: Good evening, Benja Schwartz. I would like to begin by
reviewing the purpose of these local laws in my own words. Over the past half century,
planning initiatives for the Town of Southold have established as the foundation of our
vision for the future the following five fundamental goals: to preserve, protect and enjoy
our rural countryside, hamlet centers and village; a socio-economically diverse
community of residential and business opportunities. Open space, including natural
habitats, farmland and recreational landscapes. Open waters, including inlets, creeks,
channels, harbors and bays. Healthy natural environments because deterioration of
natural resources is not inevitable and it is possible to restore degraded natural resources.
Safe and efficient transportation by automobile and desirable altematives to automobiles,
not to mention scenic and historic attributes of the landscape. To achieve these goals,
measures must be taken not only to ensure that new developments will not have
significant negative environmental impacts, adverse environmental impacts but also we
need to take measures to ensure that new developments will have positive impacts on our
community and our environment. And that those new developments will be sustainable
in themselves and contribute to the sustainability of our region and our town. In the near
future, Southold Town is planning a comprehensive plan and I would like to mention that
the only way that that plan is going to be comprehensive is if we get a comprehensive
from the community. From all parts of the community. There are a lot of developers in
Southold town who are doing the right thing and there is some beautiful development that
is happening. But some of the proposed development is not so beautiful. You know, we
don't have an up to date comprehensive plan written in ink but a comprehensive plan is a
living document and it evolves and we are not, this legislation is not only based on the
plans that were done 20 and 40 years ago, it is based on what is happening today. The
goals of the legislation as stated to preserve our rural character and all of that, that is great
but there is another goal in the legislation which is to respond to the proposals which
applications which are pending. The first time I saw that application which juxtaposed
and next to the farm field -condo, condo, condo, condo, condo, condo-I had nightmares
Design Standards and Regulations for Residential Site Plans 11
October 21, 2008 Public Hearing
for years. It has been at least a year now. certain developers may be thinking they are
doing the right thing by trying to make the most money for their investors and their
clients and their company but money is only one part, a very important part, but it is only
one part but it is only one part of what is important. These other things we have talked
about here, the open space, the water, the character of our community. They don't
always equate with money but when they do, if you think about it really, the developer is
thinking about the money of that one person, that is one individuals money, one
corporations money. What about everybody else who lives in town, all the other
businesses? There is a development of a house fight next door to me or two doors down
from me last year, before that house was developed the house next door to it was in
contract to be sold, when that person blew out their house and essentially abused the
zoning laws that we have by building the entire property, it looks like a little city on I
think a quarter acre lot. It is probably half acre buildings there, the contract fell through,
the property sat on the market for three or four years because nobody wanted, nobody
wanted, it wasn't worth what the mortgage was, it was foreclosed on. Finally it sold for
about half the price that it was in contract for before. So we have to be careful when one
person says, you know, don't take away the value of my property, are they using their
property in a way that negatively affects the value of everybody else's property. And the
rules of the game, the law, says that you have the right and indeed the obligation to
change the rules. Both to insure that we have a livable and as pleasant a Southold
hopefully a better Southold in the future. And we are not talking about 50 or 100 years
from now, we are talking about five years from now if this project were to be approved as
applied for. So you know, I really don't like to oppose anybody or anything but I would
just hope that certain developers would realize that it is better to work, to figure out a way
that they can make some money but they don't have to get the last penny out of their
property to the point at which is increases the taxes and decreases the livability and the
enjoyment that the rest of us get from living in such a beautiful town. I want to thank you
for the proposed legislation and I hope that you will pass it at least as strong as it is now
and continue in the future to protect us and our town. Thank you.
SUPERVISOR RUSSELL: Um, yeah, you can come up. Let me just say as you are
coming up, just so there is a clarity on everybody's part, there will be no action on any of
these three proposals tonight. We are waiting for the Suffolk County Planning
Commission to review it and make commentary. That is a function of law, we can't pass
it until we get their comments. So this is the public heating, we are going to take all
these comments tonight but we will have to take action at a future meeting. Just so that it
is clearly understood.
JEN HARTNAGLE: Hi, my name is Jen Hartnagle and I am here representing the Group
for the East End. For those of you not familiar with the group, we are an environmental
education and advocacy organization. We now represent over 3,000 members. We have
been working on environmental and planning issues for over 35 years in the five east end
towns. Tonight we are here to support these three pieces of legislation. First we would
like to thank the Planning Board and the Town Board for their hard work and research
and bringing these issues to the forefront and introducing this legislation. I just want to
bring up three reasons, main reasons why we are supporting these amendments. First, the
Design Standards and Regulations for Residential Site Plans 12
October 21, 2008 Public Hearing
incorporation of open space into the site plans in these zones is both positive and it is
essential for the ecological attributes of these plans. As you are well aware, open space
protects our groundwater, it provides habitat and it provides important quality of life
benefits. Second, the intent of this legislation is in line with Southold's vision, meaning
many of the goals are repeatedly utilized in the variety of planning initiatives that
Southold has undertaken in the years will actually be put into practice with the passage of
this law. And thirdly, this is an important one, this legislation exemplifies a compromise,
it does not favor the environment or open space over development or vice versa. It is a
compromise and it recognizes that both are necessary and the legislation provides
guidelines to assure that these parcels are designed in such a way as to reflect the needs
of these hamlets. Again, we support these amendments, we feel that they are well
crafted, we feel that they would be a positive force in preserving community character,
open space and promoting affordability. To conclude, I would like to say thank you
again and we look forward to the passage of these amendments. Thank you.
SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up
and address the Town Board on this issue? Peter?
PETER MEEKER: Peter Meeker, Southold. In regard to the design standards for the
master site plan, I hope the Town Board has jurisdiction in formulating regulations and I
suggest that there be language covering energy, star building practices for the master
plan. The time has come for energy and environmental issues in our community. I
believe that wise consideration backed by code enforcement will meet the future plans of
each hamlet and the long range goals of the Town of Southold. Energy Star building has
many advantages, for example increased comfort, they are wanner in the winter, cooler in
the summer, there are lower energy bills and energy star homes help mitigate the global
climate change. Mike Verity, our chief building inspector, has a complete packet of
information which is supported by one, the neighborhood network, two, the conservation
services group and three, LIPA's clean energy initiative. So tonight I would just hope
that you take the opportunity to consider these measures and incorporate them into the
master plan. Thank you.
COUNCILMAN KRUPSKI: Thank you. I see our planner taking notes while you are
speaking, so that is an encouraging sign.
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board on this issue?
BARBARA McADAM: Barbara McAdam from Cutchogue. I am disappointed in the
new design standards for residential site plans proposed by the Town Board and the
Planning Department. On at least two levels, the standards do not satisfy their legislative
intent. I will use the Heritage at Cutchogue as my example. First, the standards do not
'meet the needs of the existing population' under the section design considerations item E
paves the way for the Heritage highway, as my neighbors and I like to call it, to threaten
the safety and welfare of the residents of the Highland and Crown Land neighborhood.
One hundred eight nine residents, 65 of them children under 18 including those who were
Design Standards and Regulations for Residential Site Plans 13
October 21, 2008 Public Hearing
hem earlier, will not be safe with the traffic produced not only by the Heritage
development itself but by the new traffic flow that will be generated when 'tap' streets
are opened at Spur and Bridle. This new roadway will allow all traffic to flow north of
Main Road directly from Depot to Schoolhouse, Highland and or Crown Land and vice
versa. What is currently a quiet area with no outlet would become Riverhead's Middle
Road in Cutchogue, traversed by every driver hoping to avoid Main Road gridlock. Let's
not forget the emergency access scenario. What fun it will be to have fire trucks, police
and other emergency vehicles, sirens blaring and horns honking plowing through our
neighborhood as well. And the construction phase, three or more years of all those
construction vehicles rumbling down our streets early in the morning and then again at
quitting time. I guess this and future generations of Cutchogue kids on these blocks
won't be able to ride their bikes, skateboard, or have a game of street hockey once the
building begins. Our safety, welfare and freedom go out the window and these design
standards that you propose allow it. Second, these design standards do not 'preserve the
Town's remaining natural environment' nor do they 'prevent the deterioration of the
Town's natural resources or restore the Town's degraded natural resources back to their
previous quality' most notably the standards do not 'protect groundwater'. Individual
cesspools in the Heritage at Cutchogue will unload a high volume and concentration of
sewage, laced with traces of pharmaceuticals that we 55 and over folks rely on, into the
groundwater. By the Suffolk County Health Departments own admission, the sewage
will move in the direction of groundwater flow, southeast into Wickham creek and
Cutchogue harbor. How will this help our waterways? How is the natural environment
enhanced or restored? This is a brown tide of a different kind. How many Cutchogue
residents, southeast of the Heritage who are served by private wells, don't yet have an
inkling that their water quality will be threatened? Not to worry, Suffolk County Health
Department promises to locate them and work with Suffolk County Water Authority to
extend public water but the Peconic Bay and our creeks won't have that protection. They
will have to flush themselves; unless standards are created to address the need for onsite
sewage treatment, we will see what happened in the Shirley-Mastic area in fewer than 30
years. In the late 70's, you could swim in the Forge river. Today, the stench and
pollution caused by high density residential and commercial development, sanctioned by
Suffolk County Health Department's sanitary code, has helped to create a toxic mess in
that body of water. What is Southold Town's government willing to do to preempt a
similar local environmental catastrophe? In a letter dated September 18th of this year, the
Suffolk County health commissioner stated that 'the Suffolk County Department of
Health Services does not have the power to require sewers for projects which meet article
6 density limits' The county health department standards are 20 years old and were not
designed for the north fork, where our aquifer is more fragile than that in western
Suffolk. So, let's create our own design standards for Southold. Let's truly exercise the
home rule principle and require these high density projects to include sewage treatment.
In Cutchogue, we might even insist that it extend to other undeveloped business and
residential parcels in the hamlet center. As they are approved, they can buy into an
already established sewage treatment package and reimburse the developer. In this way,
developers are investing in our community and truly giving back. In the past, it has been
Southold's mantra that public water brings development. Well, development is coming
anyway. Southold Town should insure that every current resident has access to public
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
14
water before this precious resource is granted to the Heritage, especially to those
residents that live down gradient from the proposed development. The Town has the
opportunity to get it right by additionally requiring the infrastructure of sewage treatment
before the Heritage and other adjoining vacant parcels slated for development in
Cutchogue can happen. By having its own standards on sewage treatment Southold
Town will not be constrained by the antiquated and limited guidelines established by
Suffolk County. If Southold Town's Board is not in favor of this action, then at the very
least, you should be pushing the Suffolk County Health Department to amend its sanitary
code to address the specific needs of the north fork. You can't afford to approve major
projects and simply hope for the best. As you can see, traffic and sewage are the two
major concerns that are not adequately addressed in the design standards and regulations
for residential site plans. I have pointed to Heritage at Cutchogue as the exemplar but I
am certain that opponents of Oki-do in East Marion will echo these same concerns in
relation to that project. I urge the Town Board and Planning Department to return to the
drawing board to create standards that will bridge the gaps left by SEQRA and county
health standards for the long term protection of this cherished piece of the planet and its
residents.
SUPERVISOR RUSSELL: Mr. Meinke?
HOWARD ME1NKE: Hi. My name is Howard Meinke, I live in Mattituck. I just
wanted to comment that all the complaints about the Heritage and a lot of them I do fully
agree with, I don't think that Ms. McAdams idea for sewage treatment as being an
answer is right. I think if there is any way to control development here, it is with the
other avenues that we have. I think the controlled development after we go into sewage
treatment is going to be hopeless. That will open up every comer of Southold Town for
development and I don't think we will ever control it, so I do think we need to control
things like the Heritage but I certainly don't think coming down in favor of sewage plants
is the right way to do it because my vision of Southold Town is to maintain essentially
the rural character, to keep it, we don't all like the tourism but still, it is good for
business, it is good farm stands, it is good for wineries, it is good for agriculture and it
keeps somewhat open spaces the way we have it now. I think to fight to keep it rural
after we approve the thin end of the wedge which are sewage plants, I have trouble
thinking we will ever pull it off after that. Thank you.
SUPERVISOR RUSSELL: Thank you.
ROBERTA LEE: Good evening, ladies and gentlemen. My name is Roberta Lee and I
live in Cutchogue. Last year about this time I came into this meeting and there was
hardly anybody in the room, it was the first time, my husband and I live across the street
approximately where this so-called Heritage is supposed to take place and this was the
first we had heard about it and we have lived here for 20 years, so it was a very well-kept
secret. And I was alarmed when I heard what was proposed. I was further alarmed by
attending meetings practically every time there have been meetings since then. And I am
very unhappy about some of the things that have been proposed. I know that when I
bought my house 20 years ago, we had I think it was 2 acre zoning. Is that correct?
Design Standards and Regulations for Residential Site Plans 15
October 21, 2008 Public Hearing
SUPERVISOR RUSSELL: In some parts of Southold town.
MS. LEE: Mmhmm. To think that, you know, I am going to be looking at four houses
on one acre is preposterous. Also, it was mentioned about 25 years had taken place and I
said, well, are we just going ahead with a development that was designed 25 years ago
and since the demographics in Cutchogue has changed since that time, if you recall I said
that, don't we have to take another look about what these plans entail? There are so
many new things happening, sustainability is a new word that has crept into our
vocabulary and essentially what it means is using products such as bamboo which are
readily available, they can replace themselves, they can rejuvenate all the time. So this is
a very important thing to have. Also I was listening to a program the other night and
speaking to some friends of mine who are involved in this project, out in the mid-west
they have permeable products to use for street, so that you don't have burning hot asphalt
poisoning the ground and contributing to run-off into our beautiful water here. It is
actually permeable and the water can go right through it and it is available on the market
today. I think that while we are progressing in our society, we have to take advantage of
some of these things that are going to be helpful to have us be able to, to include new
developments in our area which is also beneficial not just to the people who are living in
this place but for the surrounding area. I also remember that 25 years ago, Nancy
Sawastynowicz and she is sitting right over here, had gone out and collected a lot of
signatures against this proposal. Her aunt, who is sitting two seats away, had said, Nancy
would you do something about this, I don't want to look at that. Nancy tried to do
something about it and there was a meeting two weeks after the, what was that? The
public hearing. And she was forbidden entry. She was kept out of this room. So I think
it is time that what she has had to report since that time, I think it is time we all have
heard, we have all seen, we have collected many more signatures against this project and
I think being outraged about changes is kind of offbeat because you know, once the
developer builds this place, he is out of here. And we have to live with the crap he left us
with. And I don't think that should happen. I don't think that should happen at all. So I
would just ask you to consider my point of view and I do hope that you pass this new
amendment. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board?
TOM HALL: Tom Hall, Cutchogue. I guess it was about a year ago when they were
drafting the DEIS, they asked us to draft letters to see what we would like included in it
and I did draft a letter dated September 4, 2007 which I gave you a copy of Scott and
everybody else on the Planning Board and I asked Jeri to reply to me by September 18th. I
still haven't heard from her, as of last year. I asked that each acre of that property be
tested for arsenic and other hazardous materials. They tested nine samples on 46 acres,
and then they draw their conclusions. It is not acceptable at all. I read the DEIS, one of
the drafts and the numbers were not good. The arsenic levels were high and if you go
back to my letter, the EPA recommends anything over .43 ppm (parts per million) that
this place should be considered a superfund site. Closed down. Done. You can't put a
shovel in the ground and if you look at the numbers, from those tests, nine samples and
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
16
we are talking 46 acres a big piece of property, those numbers were higher than .43. I
think the soil samples really have to be looked into more closely. Can this be done?
They have to be re-addressed. You can't do nine samples on 46 acres. That is absurd.
SUPERVISOR RUSSELL: I will refer that concern to the Planning Board.
MR. HALL: You draw conclusions.
SUPERVISOR RUSSELL: And to the consultant, I believe is still reviewing.
MR. HALL: If you want a copy of my letter, you know, it talks all about arsenic being
carcinogens, they go airborne, the trucks that are going to go in and out with dirt, the dirt
gets tracked all over town, runs off into the creeks. It is a bad situation. I appreciate that.
Thank you.
SUPERVISOR RUSSELL: Okay. I will take whatever correspondence you give me and
forward it again. And we have a consultant working on that SEQRA review. Okay.
JULIE RAPUANO: Hi. Julie Rapuano from Cutchogue. I just wanted to show you that
on Friday, October l0th Newsday, they did a piece of buying in Cutchogue. And what
they say in this, it says that Cutchogue is the birthplace of the north fork first vineyard
and winery, Cutchogue has many attributes, the water, Long Island Sound, creeks, placid
Peconic Bay suitable for water sports. They say that the vistas across the vineyards and
farmland offer beautiful sunsets and then there is the quaint Village Green, with its
cluster of historic buildings, the attractions, the Old House built in 1649, historical
buildings at the Village Green on Main Street. Fort Comhaug, Downs Farm Preserve
comprises a native American fort as well as woodlands and tidal wetlands. And the other
stats the only thing that they say about homes and residences are homes and home rentals.
Nothing about co-ops, condos, apartments. Absolutely nothing. All we are asking is that
you take a really close look at this Heritage because it offers nothing to our little town. It
brings a lot of garbage, it brings a lot of what we think is traffic and pollution, just this
past week, with absolutely nothing big going on, we couldn't use our little town because
of something that the church had going on. This will be right by a church, by a school,
by a convent. It is going to be by the library, it is going to be by the post office. I mean,
it is killing three, four little residences. At least 70-80 children, we have been begging,
we go every week, we go to the Planning Board, we go to the Town Board. We can't do
more. We don't have the bucks. He has the bucks, he doesn't care about us. It was just
covered. He will make his money and he will go away. We are here. I came from that, I
came from that crap and that garbage. I came here, I thought I hit the Lotto. All we can
ask is that you please, please, please do something for the peoples that elected you and
work for you, that is all that we are asking. Please take a very close look at the Heritage.
Thank you.
SUPERVISOR RUSSELL: Nancy.
NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Heating
17
would like to thank the Board for taking the initiative to try to redo the design standards
and regulations for residential site plans in the Town of Southold, it is a big step and I am
very proud of all of you. And I would like to see a raise of hands of how many people
are in favor of us trying to save our town from overdevelopment, because a lot of people
don't like to get up and speak. I would like to commend you and our wonderful Planning
Board. And the developer, his lawyer said that he started six years ago, well, I started 25
years ago. So there is a big difference in the years. High density is not for the north fork
anymore. There is just, to me it is overdeveloped now. But I am glad we are taking a
serious look at this and my neighbor, who is a really nice friend, he is a teacher and every
year he says he gives his first graders this book and it is just a book of pictures, it doesn't
have any words, and it shows development, development, development. But this was the
author's note and this was from 1993. The book is called Windows by Jeanne Baker.
We are changing the face of our world at an alarming and increasing pace. From the
present rate of destruction, we can estimate that by the year 2020, no wilderness will
remain on our planet outside the protected and national parks and reserves. By the same
year, 2020, a quarter of our present planet and animal species will be extinct if we
continue at the current growing pace of change. Already at least two species become
extinct each hour. Our planet is changing before our eyes, however, by understanding
and changing the way we personally affect the environment, we can make a difference.
And I just thought that was such a really heart-felt, little author's note from this book
Window, so I am just here to give you that little quote from my neighbor and personally,
this developer, he, I mean, he took a year to do the SEQRA, well, the first time when they
got the spot zone on this property which was not really the right way to zone change, he
didn't even want to do SEQRA. So, I don't care how pushy these developers get, we
have got to stand up to them and I am glad we are looking at the standards for this type of
development in our town. Thank you.
SUPERVISOR RUSSELL: Melanie?
MELANIE NORDEN: Melanie Norden, Greenport. I think it is the height of arrogance
for any one developer to presume that we create our laws and our zoning code based on
the Heritage or based on any particular development. I commend the Board with all of
these changes because they are community wide and we have a vibrant, living
community on the north fork and our laws need to react in a positive way to that
community by creating and helping us through more legislation to create the vision that
we have all talked about for the last 20 years. We do not, Mr. Cuddy, create reactive
laws to in any way inhibit any one developer but we demand in our community the
developers work with us and work with the vision we have or we can see you in court or
you can move west. And I think the reality is that the longer that we are living in
Southold, we all have to work towards creating that vision. This is a good, solid first step
in planning to ensure open space, to ensure some of the vision that the community has
talked about. I also would like to address briefly, that there is no fairness in the zoning
process or in any legislative process which always is changing. And whether you were
able to drink at the age of 18 in New York State 20 years ago and now you have to be 21
or whether the requirements change for getting a drivers license or something else, the
law evolves and if you get caught in the net for an evolving law, then you have to adapt
Design Standards and Regulations for Residential Site Plans
October 21, 2008 Public Hearing
18
to it. We are not here to create zoning regulations that are written in stone for 20 or 30
years to accommodate developers. We are here to create zoning and the vision of our
zoning to accommodate and move our community forward. We all participate in this
process. We want to attract developers who care deeply and abidingly about our
community, who intend to live here and work next to us; otherwise, we don't need those
developers. And if this seems at all a problem for a particular developer, see us in court.
Thank you.
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board?
MANFRED LEE: Manfred Lee, Cutchogue. The proposal of Heritage, Inc. is to
bulldoze every inch of the farmland. The proposed laws will prevent and buffer zones
from being bulldozed. The proposal of Heritage Inc. is to bulldoze every inch of the
farmland. The proposed laws will prevent buffer zones from being bulldozed. Thank
you.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address
the Town Board on this particular hearing?
C1NDY LAKE: My name is Cindy Lake and I live on Highland, so actually the Heritage
is really literally in my backyard. Our main concern, one of our main concerns has
always been about the water. Our well is towards the back of our property, so it is very
close to where these condos would be and our water had previously been contaminated
based on the fact that there had been potato farms, that field was an active potato farm.
And there was temic and other chemicals in our water, that our water was not drinkable.
And their corporation was responsible for getting water filtration systems as well as
maintaining the systems in the homes in our development. This is history, this already
happened. And our concern is that it can happen again, based on the close proximity to
our properties. Now there is also nitrates, nitrates is a by-product of septic systems and
when you have a large amount of septic systems on a relatively small parcel of property,
you are going to have increased nitrate levels. Nitrate levels are dangerous to infants and
pregnant women. We have had four children born in our development in the past year
and a half, one of which is my own daughter. So we are very concerned about the water.
And in addition to that, there is, when you put a lot of structures, parking lots, roads, even
ponds that are manmade that have barriers that prevent the rainwater from getting into the
ground, it does not allow the existing groundwater to be increased levels with the
rainwater. The rainwater doesn't get to the aquifers. In addition to that, it doesn't dilute
the existing groundwater that is there. The levels of the aquifers are very shallow, in
some areas based on your own tests that came through this past year or so. There is only
a few feet of sand between, you know, where the aquifer starts. It is shallow and that is
one of the reasons that we did have contamination in the past. The other thing that we
found and Barbara had mentioned this is that pharmaceuticals in the water is becoming an
increasing problem and Suffolk County Water Authority is not reaily testing for that and
we had spoken to Patty South (?), my husband had sent e-mails which haven't really been
addressed from them but they indicated that you know, my husband had indicated that the
Design Standards and Regulations for Residential Site Plans 19
October 21, 2008 Public Hearing
research he had done, that there are pharmaceutical problems around the globe and in
New York. Even New York City recently had indicated that they have found problems
with pharmaceuticals in their water. And only 10% of pharmaceuticals that are ingested
stay in the body, the rest is excreted. And they are finding that septic systems do not
even remove those drugs so they are going directly into the groundwater. And in addition
to that, they, if you have extra medication people usually flush them down the toilet, it is
actually (inaudible) hospice actually recommends to do it and that is also getting directly
into the groundwater. So we have, you know, we are very, very concerned and because
we have had past problems, we are just hoping that the Board and the community will
stick to this and prevent as much as possible this from happening in the future. Thank
you.
SUPERVISOR RUSSELL: Thank you. Anybody else like to come up and address the
Town Board on this particular proposal?
COUNCILMAN WICKHAM: Moving on, I would like to just add that there was a note
in that file that this proposed law has been found by our LWRP coordinator to be
consistent with the LWRP policies of the Town. As the Supervisor mentioned earlier, we
do not yet have a response from the Suffolk County Planning Commission on this and
consequently, that is not in the file.
JUSTICE EVANS: Do we just close it?
SUPERVISOR RUSSELL: We have got that closing but we have another public hearing,
right?
TOWN ATTORNEY FINNEGAN: There is two more and you can incorporate the
comments from this into the other hearings but you should open them and...
SUPERVISOR RUSSELL: Okay, well should I finish closing this public hearing? Okay.
Comments made at the public hearings "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 "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 6:20 PM
Southold Town Clerk
ELIZABETH A. NEVILLE, RMC, CMC
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 thfork.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 Greenport
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
Local Law Filing
ALBANY, NX 12231
(Use this form to tile 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
[] City
[] Town of
[] Village
SOUTI[IOLD
1,ocal Law No. 2
of thc year 2009.
A I,ocal l~aw entitled, A l,ocal Law in relation to Design Standards and Regulations
Residential Site Plans in the Town of Southold
Be it enacted the Town Board of the:
~ County
Cl City
[] Town of
[] Village
SOUTIlOLD
Section 1. Legislative Intent
The Town ot' Southold's Comprehensive Plan, comprised ora series of planning initiatives undcrt;~kcn
over thc past 20 years, establishes a group of fundamental goals that together provide the underpinnings
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.
l'he 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 re4ult 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
(If additional space is needed, attach pages the same size as this sheet, and number each.)
"llamlct Study". The l lamlct 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 thc I lamlet Study was to balance and accommodate an appropriate degree of gro~vlh in
each hamlet. Since thc adoption, the hamlet stakeholder process has been re-convened and the stakeholders arc
active in working with the Planning Board and stall'to plan for the future of the hamlets.
Presently, there are two applications for residential site plans before the Planning Board. These projects.
il' approved in their present lbrm, would yield a significant change in the character of the hamlets in whica lhey
arc 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 devel~:m~en~.
on the existing community and character of the hamlet is likely to be profound. The proposed pr(~jcct in
Southold, while not as large in number of units, is large in scale and size of buildings.
ri'he 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. Thc Town Board, Planning
Board. Planning staff; and Code Committee reviewed the high dcnsity residential zoning, including l lamlel
Density (ltD) and llamlet 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 Codc
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 dcvcl~3ment
in the residential zones is consistent with the plans tbr thc 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 diversib 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 havc
agreed that it is appropriate to examine thc business zones and their uses comprehensively in the near future.
Section 2. COD}£ AMF~NDMENTS
Chapter 280 of the Codc of the Town of Southold
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote
moderate-cost dwellings, meet the needs of the existing population and protect groundwater, open sp~]cc and
community character.
Thc Planning Board's review of the application and plans with respect to residential site plans shall
include their compliance with the lbllowing:
(1) Thc requirement that the applicant attend a pre-submission conference, at which time the
applicant, thc Planning Board and planning staffshall discuss the salient design features of
thc application. At such conference, the applicant shall be provided with a copy of the lhen-
existing design manual as adopted by the Planning Board.
(2) Thc applicable provisions of this chapter.
(3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m.
(4) Construction standards and specifications of the Town highway specifications, Chapter 16I
of the Code of the 'i'own of Southold. For the purposes of residential site plans, one dwelling
unit is the equivalent of one residential lot.
(5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the
allowable density of dwelling units as calculated using the yield plan criteria for standlt~d
2
(6)
(7)
(8)
subdivisions set forth in §§ 240-10A and I?,(2) of the Code of the Town of Southold.
Subdivision of Land.
The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the I own
of Southold, Subdivision of Land, shall be applied by the Planning Board to residential ~itc
plans in residential districts, and may be applied by the Planning Board to residential site
plans in business districts. In doing so, the Planning Board shall establish conditions on thc
ownership, use and maintenance of such open lands as it deems necessary to assure thc
preservation of the natural and scenic qualities of such open lands and shall not permit thc
use of such lands for the fulfillment of the park and recreation requirement. The procedures
set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified
herein. 1'o the extent that this provision may be construed to be in conflict with Town I,aw §
278 regarding clustercd development, Town Law § 274-a regarding site plan review, of
Town Law § 267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of
Appeals, this provision supersedes and amends such sections insothr as they place any
limitation on the Planning Board's application of such clustered development to residential
site plans or the requirement of the fulfillment of the park and recreation requirement.
(a) Design requirements where cluster development is required:
1. Open space
i. Where required, cluster development design shall set aside a percentage of
buildable land as open space in accordance with the schedule for ()pen Space,
Buffers and Setbacks for Residential Site Plans at the end of this chapter, in
Attachment 6.
ii. Open space shall be vegetated, with no more than 15% of the land area to bc
irrigated.
iii. Open space shall remain open and free of any buildings or structures, except thosc
structures related to the use of the open space, including but not limited to split
rail fences, signs and boundary markers.
iv. The location, use and design of the open space areas will be determined by thc
Planning Board using thc ERSAP, as set forth above, and as set forth and
regulated in §240-10C and §240-44.
2. Minimum sctback
i. The setback from the property line to all structures shall be in accordance ~ ith thc
schedule for Open Space, Buffers and Setbacks for Residential Site Plans at thc
end of this chapter.
3. Minimum buffer
i. The buffer area shall be in accordance with the schedule for Open Space, Buffers
and Setbacks for Residential Site Plans at the end of this chapter
IReserved. I
Design considerations:
(a) The location, arrangemenk setbacks, size, design, and general site compatibilily of
buildings, structures, landscaping, lighting, and signs, in keeping with thc character
of the community;
(b) The adequacy, safety and convenience of vehicular traffic access and circulation.
including driveways, rights-of-way, curb cuts, intersections, pavement surfaces.
traffic controls, and designated areas for access to public transportation:
(c) The adequacy, safety and convenience of pedestrian and bicycle traffic and
circulation, including sidewalks, walkways, and pedestrian/vehicle conflict po:nts:
(d) The sufficiency, convenience and appearance of off-street parking and loading
areas, including visitor, employee and overflow parking, parking and storage lor
trailers, boats, and recreational vehicles, and the provision of alleyways;
(e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety
3
I).
zones, and the provision of tire hydrants to promote the public safety; and
The proximity of recreational facilities and open space.
Garages should be set back from the front faq:ade of thc building. Two-car garages
should either have a separate door for each bay, or have the appearance of an
individual door for each bay.
SEQRA review. The Planning Board shall comply with the provisions of the New York State
Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law. 6
NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005]
Within 10 days after accepting the application, the Planning Board shall forward the application to
the Architectural Review Committee for review. The Architectural Review Committee shall review
the application at their next regularly scheduled meeting, and make a written recommendation m the
Planning Board on the site plan within 10 business days of that meeting. If the Committee fails to
make a recommendation within this time period, the project shall proceed to the Planning Board
consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-20051
Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-
131 :t, the Planning Board shall hold a separate preliminary hearing on the application with notice
provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-
20051
Affordable housing requirement. Every new residential site plan involving the creation of live or
more dwelling units shall comply with the requirements of § 240-10B(2)(c) of the Code of thc Town
of Southold, Subdivision of l,and, pertaining to the provision of affordable housing, except in thc
Hamlet Density zoning district the number of units to be set aside as moderate-income family
dwelling units (MIFDU) is reduced from twenty percent to ten percent. The requirements applicable
to lots within a subdivision in that subsection shall apply equally to dwelling units in affected
residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold,
Subdivision of l,and, pertaining to the reservation of parkland in subdivisions, shall apply equally to
residential site plans approved under this chapter, except the fee per lot therein shall herein bc
applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. ]'he provisions of Article IX, Bonds and Other Security, and Arlicle
X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the
Code of the Town of Southold, shall apply equally to residential site plans approved under this
chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and
amends New York State Town Law § 274-a regarding site plan review to the extent that the
Planning Board is empowered to impose affordable housing, park and recreation and perlbrmancc
bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-
2005]
Phased development. ]'he Planning Board shall permit the phased development of residential
properties that meet all other applicable standards, but shall condition the approval of the
development of any permitted phase upon thc maintenance of thc undeveloped phases in their
undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped
phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005!
.4
Planning Board authority to vary requirements for setbacks, building length, separation and courts..
and open space. [Amended 8-2-2005 by L.L. No. 12-2005]
(1) The Planning Board shall have the authority to reduce or amend yard setback requirements
for individual buildings in favor of a perimeter setback for entire groups of buildings, to
require that setbacks from interior streets be varied, and to reduce or amend the requirements
of § § 280-107 and 280-108, and to reduce or amend requirements fbr open spacc. In making
these dccisions, the Planning Board shall take into consideration the benefit to the applicant.
as weighed against thc detriment to the health, safety and welfare of the neighborhood or
community. In making such determination, the Planning Board shall also consider:
(a) Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting of
thc amendment:
(b) Whether the benefit sought by the applicant can be achieved by some method
fcasiblc for the applicant to pursue, other than the sought variance;
(c) Whether the variance is substantial;
(d) Whether the proposed variance will have an adverse effect or impact on thc
physical or environmental conditions in the neighborhood or district; and
(c) Whether the alleged difficulty was self-created, which shall be relevant to thc
decision but shall not necessarily preclude the proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and
267-c insofar as these sections give such authority to the Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFEP,-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or parcel, designed
to provide natural visual screening through the growth of dense vegetation, and ideally including evergreens.
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Cluster Development Residential Site Plans
Size of Minimum open Minimum Minimum buffer
property space set-aside setback (in (in feet)2
(acres) (as a percent of feet)t
total land area of
project)
<15 20 30 20
15-39 30 35 25
>39 50 75 50
~Perimctcr setback from property line to all structures including driveways, patios & decks (includes thc
buffer area). Setback must be vegetated. Where open space is between the property line and the
buildings, the buildings musl be setback from the open space a minimum of 10' as mcasurcd from ~hc
edge of structure to the nearest edge of open space. The portion of the setback not encompassing thc
buffer area is excluded from the open space calculation.
2 'l'he buffer is located within thc minimum setback. The buff'er begins at the property line and extends
in towards the interior of the parcel. The area of the buffer shall be included in open space calcult~tions.
5
At the discretion of the Planning Board, buffers can either be "non-disturbance" meaning the buffc? area
is left in its natural state and vegetation is not cut or removed, or a buffer can be planted and landscaped
according to a plan approved by the Planning Board.
Section 4. APPI,ICATION
This local law shall apply to ALL [new and pending] applications for residential site plans in the l'own
of Southold.
Section 5. SEVERABII,ITY
Il' any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any ccmrt 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 6. I,~I:FECT1VE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that tile local law annexed hereto, designated as local law No. 2 ot'20 09 of the
(C:;::::::,'~',,Ci:y~,(Town) (V!!Izgc) of SOUTHOLD was duly passed by the
TOWN BOARD on_ January 20 ,20 09 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the EIt.cti,,e
Chief Executive Officer*.)
I hereby' certify that the local law annexed hereto, designated as h/cai law No. of 20
of the (Cnunty)(City)(Town)(Village) of was dui)' passed by the
on 20 , and was (approvcd)(not approved)Crc-passed aficr
disapproval) by' thc .................... and was deemed duly adopted on 20
in accordance with tile applicable provisions of law.
3. (Final adoption by referendum.)
I hereby' certify that tile local law annexed hereto, designated as local law No. of 20
of tile (County)(City)(l'own)(Village) of _ was duly passed b> the
on 20 , and was (approvcd)(not approvcd)(rcpasscd after
disapproval) by the on 20 . Sach local law 'aas submitted
to tile people by reason ora (mandatory)(pennissive) referendum, and received the affirmative vote ora majorily o'.'
tile qualified electors voting thereon at thc (gcneral)(special)(annual) election held on 20 . in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby' certify that thc local law annexed hereto, designated as local law No. of 20 _ of thc
(County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved) (repassed al~er
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of _ ~ 20 , in
accordance with thc applicable provisions of law.
* Elective Chief F, xecutive Officer means or Includes the chief executive officer of a county elected on a counly- v, idc
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City Incal law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of__ ....................... having been submitted to referendum pursuant to the provisions
section (36)(37) oftbe Municipal florae Rule l,aw, and having received tile affirmative vote (ifa majority of thc qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative,
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No o1'20
oflhe Counly of State of New York, having been submitted to the electors
al the General Election of November 20 .......pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Itmne Rule Law, and having received tile al'firmative vote cfa majority of the qualified electors of thc cilics oC
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
geueral election, became operative.
y other authorized form of final adoption has been flfllowed, please provide an appropriate certitlcation.)
I further cerlify that I have compared tile preceding local [aw with the original on file in tbis office and that thc saint is a
correct transcript there from and oftbe whole of such original local law, and was finally adopted in the manner indi;zatcd
ill paragraph I . above.
(,C;eal)
Clerk ofth~ounty legislative body. City. 'fowl] or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
[)ate: J a n u a i'y_2_~:~_2~909~
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
SfATE OF NEW YORK
COUNTY OF SUFFOLK
1, thc undersigned, hereby certify that the foregoing local law contains the correct te
have been had or taken for the enactment of the local law anne~ hereto. /5/
~l~nature
Patricia A. Finnegan, Ese
that all proper proceedings
Kieran Corcoran~ };sq., Assistant Town Attorney
Title
Cit5
Town of
Date:
SOUTHOLD
........ January 22, 2009
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAOE 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 Southold, Suffolk County
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 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
~Y~~~
Lynda M Rudder
Southold Deputy Town Clerk
cc: Town Attorney
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 5' 2008
Southold Town 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
F~L 17. 2009
DEPARTMENT OF pLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
ODtobo~2$,200$
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF pLANNiNG
RECEIVED
Tow~ of Souethold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizaboth A. Neville
NOV 5' 2OO8
So.~olc~ ToY~.
Applicant: Town of Southold
Zoning Action:
Public Hearin§ Date:
Ame~clm~ats: 280-137-"Standards for
Residentisl Site Plans"; 2804
~'De£mitions"; 280-137(A)(7)"max
amount of bldg. area and siz~ of
buildings in HB & HD Districts
October 21, 2008
S,C,P,D, File No.: SD-08-09
Dem'
Pursuant to thc requirements of Sections A 14 14-23 of the Suffolk County Adminislrative
Code, tia¢ above referenced application which has been submitted to the Suffolk County Planning
CommisSion is considered W be a matter for local determination as there is no apparent significant
county-wide or hlt~r-c, ommtInlty impact(s). A decision of local det~mination should not be
construed a~ either and approval or disapproval,
Ve~ truly yours,
NOV
Thomas A. Isles, AICP
Chlef Planner
APF:d~
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 Vt=i ~S MEMORIAL HIGHWAY
MAILING ADDRESS
P, O. BOX 6100
HAUPpAUGE, NY 11788-0~9
(E51) S53-6181
TELECOPIIER (631) 853-40~4
Southold Town Board - Letter
Board Meeting of January 20, 2009
RESOLUTION 2009-94
ADOPTED
Item #
DOC ID: 4656
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-94 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, Suflblk
County, New York, on the 16th day of December, 2008 a Local Law entitled "A Local Law In
Relation to Design Standards and Regulations for Residential Site Plans 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 will be 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 Design Standards and Regulations for Residential
Site Plans in the Town of Southold" reads as follows:
LOCAL LAW NO. 2 2009
A Local Law entitled, "A Local Law in relation to Design Standards and Regulations for
Residential Site Plans in the Town of Southold".
liE IT ENACTED by the Town Board of the Town of SouthoId as follows:
Section 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:
I. 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
Generated January 22, 2009 Page 9
Southold Town Board - Letter
Board Meeting of January 20, 2009
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.
Th~se 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
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.
Section 2. CODE AMENDMENTS
Chapter 280 of the Code of the Town of Southold
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of housing
stock, promote moderate-cost dwellings, meet the needs of the existing population and
protect groundwater, open space and community character.
A. The Planning Board's review of the application and plans with respect to residential
site plans shall include their compliance with the following:
(1) The requirement that the applicant attend a presubmission conference, at
which time the applicant, the Planning Board and planning staff shall discuss
the salient design features of the application: At such conference, the applicant
Generated January 22, 2009 Page 10
Southold ]'own Board - l,etter Board Meeting of January 20, 2009
(2)
(3)
(4)
(5)
(6)
shall be provided with a copy of the then-existing design manual as adopted
by the Planning Board.
The applicable provisions of this chapter.
Where applicable, Town Law § 274-a and General Municipal Law § 239-m.
Construction standards and specifications of the Town highway specifications,
Chapter 161 of the Code of the Town of Southold. For the purposes of
residential site plans, one dwelling unit is the equivalent of one residential lot.
The requirements of the existing resources and site analysis plan(s) (ERSAP)
and the allowable density of dwelling units as calculated using the yield plan
criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code
of the Town of Southold, Subdivision of Land.
The provisions of Article XI, Cluster Development, of Chapter 240 of the
Code of the Town of Southold, Subdivision of Land, as may shall be applied
by the Planning Board ~to residential site plans in residential
districts, and may be applied by the Planning Board to residential site plans in
us ness sir cts., w crc ......................................
............................................ ~ ............ ~ .......... In doing
so, the Planning Board shall establish conditions on the ownership, use and
maintenance of such open lands as it deems necessary to assure the
preservation of the natural and scenic qualities of such open lands and shall
not permit the use of such lands for the fulfillment of the park and recreation
requirement. The procedures set forth in Article XI, of Chapter 240,
Subdivision of Land, shall govern except as modified herein. To the extent
that this provision may be construed to be in conflict with Town Law § 278
regarding clustered development, Town Law § 274-a regarding site plan
review, or Town Law § 267,267-a, 267-b or 267-c regarding the authority of
the Zoning Board of Appeals, this provision supersedes and amends such
sections insofar as they place any limitation on the Planning Board's
application of such clustered development to residential site plans or the
requirement of the fulfillment of the park and recreation requirement.
(a) Design requirements where cluster development is required:
1. Open space
i. Where required, cluster development design shall set aside a
percentage of buildable land as open space in accordance with the
schedule for Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter, in Attachmer~t 6.
ii. Open space shall be vegetated, with no more than 15% of the land
area to be irrigated.
iii. Open space shall remain open and free of any buildings or
structures, except those structures related to the use of the open
space, including but not limited to split rail fences, signs and
boundary markers.
iv. The location, use and design of the open space areas will be
determined by the Planning Board using the ERSAP, as set forth
above, and as set forth and regulated in §240-10C and §240-44.
Generated January 22, 2009 Page 11
Southold Town Board - Letter
Board Meeting of January 20, 2009
D.
Minimum setback
i. The setback from the property line to all structures shall be in
accordance with the schedule for Open Space, Buffers and
Setbacks for Residential Site Plans at the end of this chapter.
Minimum buffer
i. The buffer area shall be in accordance with the schedule for Open
Space, Buffers and Setbacks for Residential Site Plans at the end of
this chapter
(7) [Reserved.]
(8) Design considerations:
(a) The location, arrangement, setbacks, size, design, and general site
compatibility of buildings, structures, landscaping, lighting, and
signs, in keeping with the character of the community;
(b) The adequacy, safety and convenience of vehicular traffic access and
circulation, including driveways, rights-of-way, curb cuts,
intersections, pavement surfaces, traffic controls, and designated
areas for access to public transportation;
(c) The adequacy, safety and convenience of pedestrian and bicycle
traffic and circulation, including sidewalks, walkways, and
pedestrian/vehicle conflict points;
(d) The sufficiency, convenience and appearance of off-street parking
and loading areas, including visitor, employee and overflow parking,
parking and storage for trailers, boats, and recreational vehicles, and
the provision of alleyways;
(e) The provision of and adequacy of emergency lanes, exits, tap streets,
other safety zones, and the provision of fire hydrants to promote the
public safety; and
(f)The proximity of recreational facilities and open space.
(g) Garages should be set back from the front faq:ade of the building.
Two-car ~arages should either have a separate door for each bay, or
have the appearance of an individual door for each bay.
SEQRA review. The Planning Board shall comply with the provisions of the New
York State Environmental Quality Review Act (SEQRA), Article 8 of the
Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No.
12-2005]
Within 10 days after ..... ~ ............... ,~.~, re¥:ew accepting the application, the
Planning Board shall forward the application to the Architectural Review Committee
for review. The Architectural Review Committee shall review the application at their
next regularly scheduled meeting, and make a written recommendation to the
Planning Board on the site plan within 10 business days of that meeting rccei.~t cf the
~4L~q~rat. If the Committee fails to make a recommendation within this time period, the
project shall proceed to the Planning Board for consideration without Committee
review. [Added 8-2-2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
Generated January 22, 2009 Page 12
Southold Town Board - Letter Board Meeting of January 20, 2009
required by § 280-131 H, the Planning Board shall hold a separate preliminary hearing
on the application with notice provided pursuant to Chapter 55, Notice of Public
Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Afibrdable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of § 240-
10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to
the provision of affordable housing, except in the Hamlet Density zoning district the
number of units to be set aside as moderate-income family dwelling units (MIFDU) is
reduced from twenty percent to ten percent. The requirements applicable to lots
within a subdivision in that subsection shall apply equally to dwelling units in
affected residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of the Town
of Southold, Subdivision of Land, pertaining to the reservation of parkland in
subdivisions, shall apply equally to residential site plans approved under this chapter,
except the fee per lot therein shall herein be applicable to each dwelling unit.
[Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and Other
Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter
240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to
residential site plans approved under this chapter. Pursuant to Municipal Home Rule
Law § 10, § 280-137B, C and D herein supersedes and amends New York State ']['own
Law § 274-a regarding site plan review to the extent that the Planning Board is
empowered to impose affordable housing, park and recreation and performance bond
requirements in the residential site plan review process. [Amended 8-2-2005 by L.L.
No. 12-2005]
Phased development. The Planning Board shall permit the phased development of
residential properties that meet all other applicable standards, but shall condition the
approval of the development of any permitted phase upon the maintenance of the
undeveloped phases in their undeveloped condition, and shall prohibit all clearing and
site preparation on such undeveloped phases until such time as development is
permitted. [Amended 8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length,
separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005]
(1) The Planning Board shall have the authority to reduce or amend yard setback
requirements for individual buildings in favor of a perimeter setback for entire
groups of buildings, to require that setbacks from interior streets be varied,
and to reduce or amend the requirements of§§ 280-107 and 280-108, and to
reduce or amend requirements for open space. In making these decisions, the
Planning Board shall take into consideration the benefit to the applicant, as
weighed against the detriment to the health, safety and welfare of the
neighborhood or community. In making such determination, the Planning
Board shall also consider:
(a) Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the amendment;
Generated January 22, 2009 Page 13
Southold Town Board - Letter Board Meeting of January 20, 2009
(b) Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than the sought
variance;
(c) Whether the variance is substantial;
(d) Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e) Whether the alleged difficulty was self-created, which shall be
relevant to the decision but shall not necessarily preclude the
proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law §§ 267,
267-a, 267-b and 267-c insofar as these sections give such authority to the
Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or
parcel, designed to provide natural visual screening through the growth of dense vegetation, and
ideally including evergreens.
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Cluster Development Residential Site Plans
Size of Minimum open Minimum Minimum buffer
property space set-aside setback (in (in feet)2
(acres) (as a percent of feet)I
total land area of
project)
<15 20 30 2~_0
15-39 30 35 2~5
>39 50 75 50
~Perimeter setback from property line to all structures including driveways, patios &
decks {'includes the buffer area). Setback must be vegetated. Where open space is
between the property line and the buildings, the buildings must be setback from the open
space a minimum of 10' as measured from the edge of structure to the nearest edge of
open space. The portion of the setback not encompassing the buffer area is excluded from
the open space calculation.
2 The buffer is located within the minimum setback. The buffer begins at the property line
and extends in towards the interior of the parcel. The area of the buffer shall be included
in open space calculations. At the discretion of the Planning Board, buffers can either be
"non-disturbance" meaning the buffer area is left in its natural state and vegetation is not
cut or removed, or a buffer can be planted and landscaped according to a plan approved
by the Planning Board.
Generated January 22, 2009 Page 14
Southold Town Board - Letter Board Meeting of January 20, 2009
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential site
plans in the Town of Southold.
Section 5. 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 6. 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: Albert Krupski ]r., Councilman
SECONDER: Thomas H. WJckham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans
ABSENT: Scott Russell
Generated January 22, 2009 Page 15
Southold Town Board - Letter
Board Meeting of Jinuary 6, 2009
RESOLUTION 2009-88
TABLED
Item ~ 5.30
DOC ID: 4656
THIS IS TO CERTIFY THAT THE FOLLOVVING RESOLUTION NO. 2009-88 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 Design Standards and Regulations for Residential Site Plans 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 will be 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 Design Standards and Regulations for Residential
Site Plans in the Town of Southold" reads as follows:
LOCAL LAW NO. 2 2009
A Local Law entitled, "A Local Law in relation to Design Standards and Regulations for
Residential Site Plans in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 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:
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
Generated January 12, 2009 Page 43
Southold Town Board - Letter
Board Meeting of January 6, 2009
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 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.
Section 2. CODE AMENDMENTS
Chapter 280 of the Code of the Town of Southold
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of housing
stock, promote moderate-cost dwellings, meet the needs of the existing population and
protect groundwater, open space and community character.
A. The Planning Board's review of the application and plans with respect to residential
site plans shall include their compliance with the following:
(1) The requirement that the applicant attend a presubmissi0n conference, at
which time the applicant, the Planning Board and planning staff shall discuss
the salient design features of the application. At such conference, the applicant
Generated January 12, 2009 Page 44
Southold Town Board - Letter Board Meeting of January 6, 2009
(2)
(3)
(4)
(5)
(6)
shall be provided with a copy of the then-existing design manual as adopted
by the Planning Board.
The applicable provisions of this chapter.
Where applicable, Town Law § 274-a and General Municipal Law § 239-m.
Construction standards and specifications of the Town highway specifications,
Chapter 161 of the Code of the Town of Southold. For the purposes of
residential site plans, one dwelling unit is the equivalent of one residential lot.
The requirements of the existing resources and site analysis plan(s) (ERSAP)
and the allowable density of dwelling units as calculated using the yield plan
criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code
of the Town of Southold, Subdivision of Land.
The provisions of Article XI, Cluster Development, of Chapter 240 of the
Code of the Town of Southold, Subdivision of Land, as may shall be applied
by the Planning Board ~to residential site plans in residential
districts, and may be applied by the Planning Board to residential site plans in
us ness str .,
so, the Planning Board shall establish conditions on the ownership, use and
maintenance of such open lands as it deems necessary to assure the
preservation of the natural and scenic qualities of such open lands and shall
not permit the use of such lands for the fulfillment of the park and recreation
requirement. The procedures set forth in Article XI, of Chapter 240,
Subdivision of Land, shall govern except as modified herein. To the extent
that this provision may be construed to be in conflict with Town Law § 278
regarding clustered development, Town Law § 274-a regarding site plan
review, or Town Law § 267,267-a, 267-b or 267-c regarding the authority of
the Zoning Board of Appeals, this provision supersedes and amends such
sections insofar as they place any limitation on the Planning Board's
application of such clustered development to residential site plans or the
requirement of the fulfillment of the park and recreation requirement.
(a) Design requirements where cluster development is required:
1. Open space
i. Where required, cluster development design shall set aside a
percentage of buildable land as open space in accordance with the
schedule for Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter, in Atlclchment 6.
ii. Open space shall be vegetated, with no more than 15% of the land
area to be irrigated.
iii. Open space shall remain open and free of any buildings or
structures, except those structures related to the use of the open
space, including but not limited to split rail fences, signs and
boundary markers.
iv. The location, use and design of the open space areas will be
determined by the Planning Board using the ERSAP, as set forth
above, and as set forth and regulated in §240-10C and §240-44.
Generated January 12, 2009 Page 45
Southold Town Board - Letter
Board Meeting of January 6, 2009
2. (reserved)
3. Minimum setback
i. The setback from the property line to all structures shall be in
accordance with the schedule for Open Space, Buffers and
Setbacks for Residential Site Plans at the end of this chapter.
4. Minimum buffer
i. The buffer area shall be in accordance with the schedule for Open
Space, Buffers and Setbacks for Residential Site Plans at the end of
this chapter
(7) Design considerations:
(a) The location, arrangement, setbacks, size, design, and general site
compatibility of buildings, structures, landscaping, lighting, and
signs, in keeping with the character of the community;
(b) The adequacy, safety and convenience of vehicular traffic access and
circulation, including driveways, rights-of-way, curb cuts,
intersections, pavement surfaces, traffic controls, and designated
areas for access to public transportation;
(c) The adequacy, safety and convenience of pedestrian and bicycle
traffic and circulation, including sidewalks, walkways, and
pedestrian/vehicle conflict points;
(d) The sufficiency, convenience and appearance of off-street parking
and loading areas, including visitor, employee and overflow parking,
parking and storage for trailers, boats, and recreational vehicles, and
the provision of alleyways;
(e) The provision of and adequacy of emergency lanes, exits, tap streets,
other safety zones, and the provision of fire hydrants to promote the
public safety; and
(f)The proximity of recreational facilities and open space.
(g) Garages preferred to be set back from the front faCade of the
building. Two-car garages should either have a separate door for
each bay, or have the appearance of an individual door for each bay.
SEQRA review. The Planning Board shall comply with the provisions of the New
York State Environmental Quality Review Act (SEQRA), Article 8 of the
Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No.
12-2005]
Within 10 days after ..... v ............... -~ .......... accepting the a cation, the
Planning Board shall forward the application to the Architectural Review Committee
for review. The Architectural Review Committee shall review the application at their
next regularly scheduled meeting, and make a written recommendation to the
Planning Board on the site plan within I 0 business days of that meeting rccc2~t of t,he
r~fema4. If the Committee fails to make a recommendation within this time period, the
project shall proceed to the Planning Board for consideration without Committee
review. [Added 8-2-2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by § 280-131H, the Planning Board shall hold a separate preliminary hearing
Generated January 12, 2009 Page 46
Southold Town Board - Letter
Board Meeting of January 6, 2009
on the application with notice provided pursuant to Chapter 55, Notice of Public
Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Affordable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of § 240-
10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to
the provision of affordable housing, except in the Hamlet Density zoning district the
number of units to be set aside as moderate-income family dwelling units (MIFDU) is
reduced from twenty percent to ten percent. The requirements applicable to lots
within a subdivision in that subsection shall apply equally to dwelling units in
affected residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of the Town
of Southold, Subdivision of Land, pertaining to the reservation of parkland in
subdivisions, shall apply equally to residential site plans approved under this chapter,
except the fee per lot therein shall herein be applicable to each dwelling unit.
[Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and Other
Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter
240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to
residential site plans approved under this chapter. Pursuant to Municipal Home Rule
Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town
Law § 274-a regarding site plan review to the extent that the Planning Board is
empowered to impose affordable housing, park and recreation and performance bond
requirements in the residential site plan review process. [Amended 8-2-2005 by L.L.
No. 12-2005]
Phased development. The Planning Board shall permit the phased development of
residential properties that meet all other applicable standards, but shall condition the
approval of the development of any permitted phase upon the maintenance of the
undeveloped phases in their undeveloped condition, and shall prohibit all clearing and
site preparation on such undeveloped phases until such time as development is
permitted. [Amended 8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length,
separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005]
(1) The Planning Board shall have the authority to reduce or amend yard setback
requirements for individual buildings in favor of a perimeter setback for entire
groups of buildings, to require that setbacks from interior streets be varied,
and to reduce or amend the requirements of{}§ 280-107 and 280-108, and to
reduce or amend requirements for open space. In making these decisions, the
Planning Board shall take into consideration the benefit to the applicant, as
weighed against the detriment to the health, safety and welfare of the
neighborhood or community. In making such determination, the Planning
Board shall also consider:
(a) Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the amendment;
(b) Whether the benefit sought by the applicant can be achieved by some
Generated January 12, 2009 Page 47
Southold Town Board - Letter
Board Meeting of January 6, 2009
method feasible for the applicant to pursue, other than the sought
variance;
(c) Whether the variance is substantial;
(d) Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e) Whether the alleged difficulty was self-created, which shall be
relevant to the decision but shall not necessarily preclude the
proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law §§ 267,
267-a, 267-b and 267-c insofar as these sections give such authority to the
Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or
parcel, designed to provide natural visual screening through the growth of dense vegetation, and
ideally including evergreens.
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Residential Site Plans
Size of Minimum open Minimum Minimum buffer
property space set-aside setback (in (in feet)2
(acres) (as a percent of feet)I
total land area of
project)
<15 20 30 20
15-39 30 35 2~5
> 39 50 75 5~0
~Perimeter setback from property line to all structures including driveways, patios &
decks (includes the buffer area). Setback must be vegetated. Where open space is
between the property line and the buildings, the buildings must be setback from the open
space a minimum of 10' as measured from the edge of structure to the nearest edge of
open space. The portion of the setback not encompassing the buffer area is excluded from
the open space calculation.
2 The buffer is located within the minimum setback. The buffer begins at the property line
and extends in towards the interior of the parcel. The area of the buffer shall be included
in open space calculations. At the discretion of the Planning Board, buffers can either be
"non-disturbance" meaning the buffer area is left in its natural state and vegetation is not
cut or removed, or a buffer can be planted and landscaped according to a plan approved
by the Planning Board.
Generated January 12, 2009 Page 48
Southold Town Board - Letter
Board Meeting of January 6, 2009
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential site
plans in the Town of Southold.
Section 5. 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 6. 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: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated January 12, 2009 Page 49
Southold Town Board - Letter
Board Meeting of Decem er 16, 2008
RESOLUTION 2008-1100
ADOPTED
Item # 5.45
DOC ID: 4561
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1100 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, Suffolk County, New
York, on the 16th day of December, 2008 a Local Law entitled "A Local Law in Relation to Design
Standards and Regulations for Residential Site Plans in the Town of Southold" and now, thercforc, be
it
RESOLVED that the Town Board of the Town of Southotd will hold a public hearing on the atbresaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on January 6, 2009 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Design Standards and Regulations for
Residential Site Plans in the Town of Southold' reads as follows:
LOCAL LAW NO. OF 2008
A Local Law entitled, "A Local Law in relation to Design Standards and Regulations for Residential
Site Plans in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 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.
Generated December 22, 2008 Page 58
Southold Town Board - Letter Board Meeting of December 16, 2008
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
Generated December 22, 2008 Page 59
Southold Town Board - Letter Board Meeting of December 16, 2008
requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed
the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (I~B),
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. Thc
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.
Section 2. CODE AMENDMENTS
Chapter 280 of the Code of the Town of Southold
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of housing
stock, promote moderate-cost dwellings, meet the needs of the existing population and
protect groundwater, open space and community character.
A. The Planning Board's review of the application and plans with respect to residential
site plans shall include their compliance with the following:
The requirement that the applicant attend a presubmission conference, at
which time the applicant, the Planning Board and planning staff shall discuss
the salient design features of the application. At such conference, the applicant
shall be provided with a copy of the then-existing design manual as adopted
by the Planning Board.
(2) The applicable provisions of this chapter.
(3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m.
(4)
Construction standards and specifications of the Town highway specifications,
Chapter 161 of the Code of the Town of Southold. For the purposes of
Generated December 22, 2008 Page 60
Southold Town Board - Letter Board Meeting of December 16, 2008
(5)
(6)
residential site plans, one dwelling unit is the equivalent of one residential lot.
The requirements of the existing resources and site analysis plan(s) (ERSAP)
and the allowable density of dwelling units as calculated using the yield plan
criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code
of the Town of Southold, Subdivision of Land.
The provisions of Article XI, Cluster Development, of Chapter 240 of the
Code of the Town of Southold, Subdivision of Land, as ..ma;,' shall be applied
by the Planning Board in&s4isc-r~4ma-to residential site plans in residential
districts, and may be applied by the Planning Board to residential site plans in
business districts., where it
so, the Planning Board shall establish conditions on the ownership, use and
maintenance of such open lands as it deems necessary to assure the
preservation of the natural and scenic qualities of such open lands and shall
not permit the use of such lands for the fulfillment of the park and recreation
requirement. The procedures set forth in Article XI, of Chapter 240,
Subdivision of Land, shall govern except as modified herein. To the extent
that this provision may be construed to be in conflict with Town Law § 278
regarding clustered development, Town Law § 274-a regarding site plan
review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of
the Zoning Board of Appeals, this provision supersedes and amends such
sections insofar as they place any limitation on the Planning Board's
application of such clustered development to residential site plans or the
requirement of the fulfillment of the park and recreation requirement.
(a) Design requirements where cluster development is required:
1. Open space
Where required, cluster development design shall set aside a
percentage of buildable land as open space in accordance with the
schedule for Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter, in Attachment 6.
ii. Open space shall be vegetated, with no more than 15% of the land
area to be irrigated.
iii.
Open space shall remain open and free of any buildings or
structures, except those structures related to the use of the open
space, including but not limited to split rail fences, signs and
Generated December 22, 2008 Page 6 l
Southold Town Board - Letter Board Meeting of December 16, 2008
boundary markers.
iv. The location, use and design of the open space areas will be
determined by the Planning Board using the ERSAP. as set forth
above, and as set forth and regulated in §240-10C and §240-44.
(7)
(8)
(reserved)
Minimum setback
1. The setback from the property line to all structures shall be in
accordance with the schedule for Open Space, Buffers and
Setbacks for Residential Site Plans at the end of this chapter.
(9)
Minimum buffer
1. The buffer area shall be in accordance with the schedule for Open
Space, Buffers and Setbacks for Residential Site Plans at the end of
this chapter
(10) (7) Design
(a)
(b)
(c)
(d)
(e)
considerations:
The location, arrangement, setbacks, size, design, and general site
compatibility of buildings, structures, landscaping, lighting, and
signs, in keeping with the character of the community;
The adequacy, safety and convenience of vehicular traffic access and
circulation, including driveways, rights-of-way, curb cuts,
intersections, pavement surfaces, traffic controls, and designated
areas for access to public transportation;
The adequacy, safety and convenience of pedestrian and bicycle
traffic and circulation, including sidewalks, walkways, and
pedestrian/vehicle conflict points;
The sufficiency, convenience and appearance of off-street parking
and loading areas, including visitor, employee and overflow parking,
parking and storage for trailers, boats, and recreational vehicles, and
the provision of alleyways;
The provision of and adequacy of emergency lanes, exits, tap streets,
other safety zones, and the provision of fire hydrants to promote the
Generated December 22, 2008 Page 62
Southold Town Board - Letter Board Meeting of December 16, 2008
public safety; and
(f) The proximity of recreational facilities and open space.
(g)
Garages preferred to be set back from the front facade of the
building. Two-car garages should either have a separate door for
each bay, or have the appearance of an individual door for each bay.
SEQRA review. The Planning Board shall comply with the provisions of the New
York State Environmental Quality Review Act (SEQRA), Article 8 of the
Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No.
12-20051
Within 10 days afterco,..v.~-,~,--~*;~" ...... ^c,~,, ~'<,'"e~r~r~ ^· review accepting the application, the
Planning Board shall forward the application to the Architectural Review Committee
for review. The Architectural Review Committee shall review the application at their
next regularly scheduled meeting, and make a written recommendation to the
meeting r ....~ .......
Planning Board on the site plan within 10 business days of that ..... , ~r~.~
~ema4. If the Committee fails to make a recommendation within this time period, the
project shall proceed to the Planning Board for consideration without Committee
review. [Added 8-2-2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by {} 280-131 H, the Planning Board shall hold a separate preliminary hearing
on the application with notice provided pursuant to Chapter 55, Notice of Public
Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Affordable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of {} 240-
10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to
the provision of affordable housing, except in the Hamlet Density zoning district the
number of units to be set aside as moderate-income family dwelling units (MIFDU) is
reduced from twenty percent to ten percent. The requirements applicable to lots
within a subdivision in that subsection shall apply equally to dwelling units in
affected residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of the Town
of Southold, Subdivision of Land, pertaining to the reservation of parkland in
subdivisions, shall apply equally to residential site plans approved under this chapter,
except the fee per lot therein shall herein be applicable to each dwelling unit.
[Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and Other
Generated December 22, 2008 Page 63
Southold Town Board - Letter Board Meeting of December 16, 2008
Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter
240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to
residential site plans approved under this chapter. Pursuant to Municipal Home Rule
Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town
Law § 274-a regarding site plan review to the extent that the Planning Board is
empowered to impose affordable housing, park and recreation and performance bond
requirements in the residential site plan review process. [Amended 8-2-2005 by L.L.
No. 12-2005]
Phased development. The Planning Board shall permit the phased development of
residential properties that meet all other applicable standards, but shall condition the
approval of the development of any permitted phase upon the maintenance of the
undeveloped phases in their undeveloped condition, and shall prohibit all clearing and
site preparation on such undeveloped phases until such time as development is
permitted. [Amended 8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length,
separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005]
(1)
The Planning Board shall have the authority to reduce or amend yard setback
requirements for individual buildings in favor of a perimeter setback for entire
groups of buildings, to require that setbacks from interior streets be varied,
and to reduce or amend the requirements of §§ 280-107 and 280-108, and to
reduce or amend requirements for open space. In making these decisions, the
Planning Board shall take into consideration the benefit to the applicant, as
weighed against the detriment to the health, safety and welfare of the
neighborhood or community. In making such determination, the Planning
Board shall also consider:
(a)
(b)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the amendment;
Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than the sought
variance;
(c) Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
Generated December 22, 2008 Page 64
Southold Town Board - Letter Board Meeting of December 16, 2008
(e) Whether the alleged difficulty was self-created, which shall be
relevant to the decision but shall not necessarily preclude the
proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law §§ 267,
267-a, 267-b and 267-c insofar as these sections give such authority to the
Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or
parcel, designed to provide natural visual screening through the growth of dense vegetation, and
ideally including evergreens.
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Residential Site Plans
Size of Minimum open Minimum Minimum buffer
property space set-aside setback (in (in feet)2
(acres) (as a percent of feet)~
total land area of
proiect)
<15 20 30 20
15-39 30 35 2~5
> 40 50 75 5~0
t Perimeter setback from property line to all structures including driveways, patios &
decks (includes the buffer area). Setback must be vegetated. Where open space is
between the property line and the buildings, the buildings must be setback from the open
space a minimum of 10' as measured from the edge of structure to the nearest edge of
open space. The portion of the setback not encompassing the buffer area is excluded from
the open space calculation.
2 The buffer is located within the minimum setback. The buffer begins at the property line
and extends in towards the interior of the parcel. The area of the buffer shall be included
in open space calculations. At the discretion of the Planning Board, buffers can either be
"non-disturbance" meaning the buffer area is left in its natural state and vegetation is not
cut or removed, or a buffer can be planted and landscaped according to a plan approved
by the Planning Board.
Generated December 22, 2008 Page 65
Southold Town Board - Letter Board Meeting of December 16, 2008
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential site
plans in the Town of Southold.
Section 5. 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 6. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIIqOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski]r., Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated December 22, 2008 Page 66
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L, EDWARDS
MARTIN H. SIDOR
GEORGED. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
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
MEMORANDUM
To:
Scott Russell, Town Supervisor
Members of the Town Board
From: Jerilyn B. Woodhouse, Chairperson~5
Date: 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.
oWe agree that the Hamlet Business zoning district differs substantially from the Hamlet Density zoning
district 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.
#9149
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~009'
~ LEGAL NOTICE
NOTICE OF PUBLI~
NOTICE IS HERI~By GIVEN, there has bea:n presented to the Town Board of
the Town of Southold. Suffolk County+ New York, on the t6th
a Local Law entitled ~~o' ~"~0. day of December, 2008
?~ will h0!da public hearing on the aforesaid Local Law at the Southo
.... vrt., on me om {lay of .lanaaty, 20S9, at 4:40
^ Lo~ Law e.ti-, ~ ,,L.O.CAL. LnW nO._
nC?m~oUrn~ hT~a~lTe~sWl%~tSot~thold is engaged, ina proc_ess for comprehensive plan-
hamlet. Since the adootion *~°~t~m~°~-".'~-ag. a. pp.r. opnate degree of growth n each
staff, and Code Committee rolo~ ' ~ .The. Town/~oard, Planning Board, p aanin~
u, town l~oard, and Code Ceal~/i~tee ~av¢ ag~ed that ~t ~s
~ear far, we, P lym the
~C~a~ .~r ~8o of the Coda af ~ ~ o~ Soamold
a~.,aa, r,a ~su,t~,~vtsmns set fi~rth n §§ 240-10A and B(2~ o~'the ~od~
...... . .... 1~ t~on of the natural and sCemc uaht~es'of s
Subthvlsmn of Land, shaft govern exceot an mndi~a I, ..rtic~ ~ ~ C~ter 240,
~~VOLINSKI
NOTARY PUBLIC-STATE OF NEW yORK
No. 01-VO6105050
Qualified in Suffolk County
~y Commission Expires February 26. 2012
J~J~O-10C and
(7) fxeserv~O~ .
(8) Minim u~l
hlhlhlhlhlhlhlhlthh~e sche ul f r ~~acks ~s at the
[ ~1~.~]_-_r ~].]i SiteP~isch r '
~) ~ oes~ considerations: -..~
~, ~e Planmng Board shall ~g~ar~l~t:~ '~"~ ~Pllca
~o~t: re~eetM~, and m~ea written r~ommend
'~,~- 6- ,,,~ g'~f¢,, .1. If the ~ittee fM .... ne~ da~ o~ ~eetmg
- . ' - ' y ~.~. ~o.
D: ~e~ ~ requi~ment. ~or to and M addition to
y~mr~ by { ~lH,~fie H~ingBo~d s~ hold a ~-- _~e E~hc he~mg
H~n~ [~en~ 8 Z ~ b- ~- ~e~ ~ ~ ~apt,r 55, Notice of ~blic
0B ~ ~~e ~e
subd~visio~ sh~l annl~ ~
~ , except ~e ~e ~ ot ~ere~ sha~ hero~ ~ ~ ,- ?~ rider t~ chap-
~ ~~uang p~k ~d r~reation .... g
L.L. No. 12-~] . ~ ~ p an revmw ~m [A~nd~ 8-2-2~5 by
~ ~e~lo ~s ~ .
ara s~
~ of ~uth01d
NOTARY PUBLIC-STATE OF NEW yORK
No. 01 *V06105050
QuatMied In Suttolk County
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 530{y3 Main Road, Southold, New York, on the 6th ~y of Jan~ry~ 2~09, air
~ at which time all interested persons will be given an opportunity to be heard.
LOCAL LAW NO. ,2~9
abso~r~ aT°f~t eB ~oduOnft t oh ~ dTeov eW~ of Soutl~old recognlze~ that the local community can
~39mlet.Density (HD) and Hamlet Business~--(HB~ ~..t
~_h~ear~..g w~as hel..d on the proposed Code amendments on September 23 2008
..... public comments and further discuss appropriate amendments
~s trh~ l~lanmng Boayd, Town B?ard, and Code Committee have agreed that it is
]~roOaV~.e d with a copy of the then-existing design manual as adopt cdPbP~ the Planning
(9) ~
(10) ~ Design considerations: -
(a) The location, arrangement, setbacks size, des gn, and genera/site corm)atibi ty
of buildings, structures, landscaping, light ng, and signs, in keeping with the ~haraeter
(b) The adequacy, safety and convenience of vehicular traffic ac6ess and circula-
tion, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces,
traffic controls, and designated areas for access to public transportation;
(c) The adequacy, safety and convenience of pedestrian and bicycle traffic and
(d) The sufficiency conven enee and appearance of off-street parking and loading
areas'including vlsitor, eInployee and overflow parking, parking and sinrage for rail-
ers, boats, and recreational vehicles, and the provision of alleyways;
(e) The provision of and adequacy of emergency lanes, exits, tap streets other
safety zones, and the provision of fire hydrants to promote the public safety; ~nd
(f) The proximi~ of recreational facilities and open space.
~ar~u.e.s .s~. ou18 either have a geoara~ door for each bav or - v .
of Appea/~ .
deva/opment, Town Law § 274-a regarding site plan review, or Town Law § 267.267-a.
267-b or 267-e regarthng the authority of the Zoning Board of Appeals, thls rovision
~-en,r~ uire~en~Fo~Uua o, such cmsterea development .to residential site plans or
~a~q~u~..__ -- thc fulffilmen~ 9f tl~epark and recreation requirement.
{~) SD~ ~t-~ide fin feetH ~
~ iii. Oven snaee shall remain ooen and flee of any buildinas or structures_ ex,~lti
~ ~ruelures related to the use of the open snace, includina but not limited to spllI
r~, f~nee~ sK, ns and boundary markgl~
IV. ~/~ location, use and desian of the o~en snaee areas will be determined bv th~
Plannin~ Board usina the ERSAE as set forth above, and as set forth al~d re~niated
irri~t~, n s.ace shall be va~etated, vath no more than 15% of the land area tO ]h ~~'oin 6~d~vlin~ to afl s~etu ' '--
If any clause, sehtence, paragraph, section, or part of this Local Law shall be ad-
judged by any court of col~pe~ent jurisd ct on to be invalid, the judgment shall not
affect the validity of this law as a whole or any par thereof other than the part so
decided to be unconst tut onsi orinva/id.
Seedo# 6. EFFECTIVE DATE
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 16th day of December, 2008 a
Local Law entitled "A Local Law In Relation to Design Standards and Regulations
for Residential Site Plans 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, 2009at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law In Relation to Design Standards and
Regulations for Residential Site Plans in the Town of Southold" reads as follows:
LOCAL LAW NO.
2009
A Local Law entitled, "A Local Law in relation to Design Standards and Regulations for
Residential Site Plans in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 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. 'Fo 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 abox'e.
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
~br the hamlets located in the Town, and in 2005 adopted the Town of Southold "ttamlet
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 signiticant change
in the character of the hamlets in which they are proposed. The proposed projec! 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 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 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.
Section 2. CODE AMENDMENTS
Chapter 280 of the Code of the Town of Southold
§ 280-137. Standards tbr residential site plans.
The purpose of these residential site plan standards are to provide for 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 Planning Board's review of the application and plans with respect to
residential site plans shall include their compliance with the following:
(1)
The requirement that the applicant attend a presubmission conference,
at which time the applicant, the Planning Board and planning staff
shall discuss the salient design features of the application. At such
conference, the applicant shall be provided with a copy of the then-
existing design manual as adopted by the Planning Board.
(2) The applicable provisions of this chapter.
(3)
Where applicable, Town Law § 274-a and General Municipal Law §
239-m.
(4)
Construction standards and specifications of the Town highway
specifications, Chapter 161 of the Code of the Town of Southold. F~_~
(6)
the purposes of residential site plans, one dwelling unit is the
equivalent of one residential lot.
The requirements of the existing resources and site analysis plan(s)
(ERSAP) and the allowable density of dwelling units as calculated
using the yield plan criteria fbr standard subdivisions set forth in §§
240-10A and B(2) of the Code of the Town of Southold, Subdivision
of Land.
The provisions of Article XI, Cluster Development, of Chapter 240 of
the Code of the Town of Southold, Subdivision of Land, as may shall
be applied by the Planning Board in '*o ,~ .......... to residential site
plans in residential districts, and ma': be applied by the Planning Board
to residential site ans in business districts .............................. t
.... : ..... m:~o ~r .... ~,no In doing so, the Planning Board shall
establish conditions on the ownership, use and maintenance of such
open lands as it deems necessary to assure the preservation of the
natural and scenic qualities of such open lands and shall not permit lhe
use of such lands for the fulfillment of the park and recreation
requirement. The procedures set forth in Article XI, of Chapter 240,
Subdivision of Land, shall govern except as modified herein. To the
extent that this provision may be construed to be in conflict with Town
I,aw § 278 regarding clustered development, Town Law § 274-a
regarding site plan review, or Town Law § 267,267-a, 267-b or 267-c
regarding the authority of the Zoning Board of Appeals, this provision
supersedes and amends such sections insofar as they place any
limitation on the Planning Board's application of such clustered
development to residential site plans or the requirement of thc
[hlfillment of the park and recreation requirement.
(a) Design requirements where cluster development is required:
1. Open space
Where required, cluster development design shall set aside
a percentage of buildable land as open space in accordance
with the schedule for ()pen Space, Buffers and Setbacks for
Residential Site Plans at the end of this chapter, in
Attachment 6.
ii. Open space shall be vegetated, with no more than 15% of
the land area to be irri~ated.
iii.
iv.
Open space shall remain open and free of any buildings t~:
structures, except those structures related to the use of thc
open space, including but not limited to split rail fences,
signs and boundary markers.
The location, use and design of the open space areas will be
determined by the Planning Board using the ERSAP, as set
forth above, and as set forth and regulated in §240-10C and
§240-44.
(7)
(8)
(9)
(reserved)
Minimum setback
The setback from the property line to all structures shall be
in accordance with the schedule for Open Space, Buffers
and Setbacks for Residential Site Plans at the end of this
chapter.
Minimum buffer
1. The buffer area shall be in accordance with the schedule
Open Space, Buffers and Setbacks fbr Residential Site
Plans at the end of this chapter
(10) (7) Design considerations:
(a)
The location, arrangement, setbacks, size, design, and general
site compatibility of buildings, structures, landscaping,
lighting, and signs, in keeping with the character of the
community;
(b)
The adequacy, safety and convenience of vehicular traffic
access and circulation, including driveways, rights-of-way,
curb cuts, intersections, pavement surfaces, traffic controls,
and designated areas for access to public transportation;
(c)
The adequacy, safety and convenience of pedestrian and
bicycle traffic and circulation, including sidewalks,
walkways, and pedestrian/vehicle conflict points;
(d)
The sufficiency, convenience and appearance of off-street
parking and loading areas, including visitor, employee and
overflow parking, parking and storage for trailers, boats, and
recreational vehicles, and the provision of alleyways;
(e)
The provision of and adequacy of emergency lanes, exits, tap
streets, other safety zones, and the provision of fire hydrants
to promote the public safety; and
(f) The proximity of recreational facilities and open space.
(g)
Garages preferred to be set back from the front facade of the
building. Two-car garages should either have a separate door
for each bay, or have the appearance of an individual door
each bay.
SEQRA review. The Planning Board shall comply with the provisions of the
New York State Environmental Quality Review Act (SEQRA), Article 8 of
the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005
by L.L. No. 12-2005]
Within 10 days after ..... v .............o~,~,,~c ~r~t> ^, l~ ,,~,,: .... accepting the
application, the Planning Board shall forward the application to the
Architectural Review Committee for review. The Architectural Review
Committee shall review the application at their next regularly scheduled
meeting, and make a written recommendation to the Planning Board on the
site plan within 10 business days of that meeting ~. If thc
Committee fails to make a recommendation within this time period, the
project shall proceed to the Planning Board for consideration without
Committee review. [Added 8~2-2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by § 280-131 H, the Planning Board shall hold a separate preliminary
hearing on the application with notice provided pursuant to Chapter 55, Notice
of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Aftbrdable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements
§ 240-10B(2)(c) of the Code of the Town of Southold, Subdivision of Land.
pertaining to the provision of affordable housing, except in the Hamlet
Density zoning district the number of units to be set aside as moderate-income
family dwelling units (MIFDU) is reduced from twenty percent to ten percent.
]'he requirements applicable to lots within a subdivision in that subsection
shall apply equally to dwelling units in affected residential site plans.
k
Park and recreation requirement. The provisions of § 240-53 of the Code of
the Town of Southold, Subdivision of Land, pertaining to the reservation of
parkland in subdivisions, shall apply equally to residential site plans approved
under this chapter, except the fee per lot therein shall herein be applicable tu
each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and
Other Security, and Article X, Required Public Improvements; Inspections;
Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of
Southold, shall apply equally to residential site plans approved under this
chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D
herein supersedes and amends New York State Town Law § 274-a regarding
site plan review to the extent that the Planning Board is empowered to impose
aflbrdable housing, park and recreation and performance bond requirements in
the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-
20051
Phased development. The Planning Board shall permit the phased
development of residential properties that meet ail other applicable standards,
but shall condition the approval of the development of any permitted phase
upon the maintenance of the undeveloped phases in their undeveloped
condition, and shall prohibit all clearing and site preparation on such
undeveloped phases until such time as development is permitted. [Amended
8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building lengtlq,
separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-
2005]
(l)
The Planning Board shall have the authority to reduce or amend yard
setback requirements tbr individual buildings in favor of a perimeter
setback for entire groups of buildings, to require that setbacks from
interior streets be varied, and to reduce or amend the requirements of
§§ 280-107 and 280-108, and to reduce or amend requirements lbr
open space. In making these decisions, the Planning Board shall take
into consideration the benefit to the applicant, as weighed against thc
detriment to the health, safety and welfare of the neighborhood or
community. In making such determination, the Planning Board shall
also consider:
(a)
Whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby
properties will be created by the granting of the amendment:
(b)
Whether the benefit sought by the applicant can be achievcd
by some method feasible for the applicant to pursue, other
than the sought variance;
(c) Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which shall
be relevant to the decision but shall not necessarily precludc
the proposed amendment or variance.
(2)
This provision supersedes and amends New York State Town Law
267, 267-a, 267-b and 267-c insofar as these sections give such
authority to the Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision,
lot or parcel, designed to provide natural visual screening through the growth of dense
vegetation, and ideally including evergreens.
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule lbr Open Space, Buffers and Setbacks for Residential Site Plans
Size of Minimum open Minimum Minimum buffer
property space set-aside setback (in (in feet)2
(acres) (as a percent of feet)t
total land area of
project)
< 15 21) 31) 21)
15 -39 30 3~5 2~5
_> 40 5~0 7~5 50
t Perimeter setback from property line to all structures including driveways, patios
& decks (includes the buffer area). Setback must be vegetated. Where open spate_
is between the property line and the buildings, the buildings must be setback from
the open space a minimum of 10' as measured from the edge of structure to the
nearest edge of open space. The portion of the setback not encompassing the
buffer area is excluded from the open space calculation.
2 The buffer is located within the minimum setback. The buffer begins at the
property line and extends in towards the interior of the parcel. The area of the
buffer shall be included in open space calculations. At the discretion of the
Planning Board, buffers can either be "non-disturbance" meaning the buffer area
is left in its natural state and vegetation is not cut or removed, or a buffer can bc
planted and landscaped according to a plan approved by the Planning Board.
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential
site plans in the Town of Southold.
Section 5. SEVERAB1LITY
If any clause, sentence, paragraph, section, or part of this Local Law shall bc
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 6. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State.
Dated: December 16, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON DECEMBER 24~ 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 Suffolk Times
Town Board Members
]'own Attorney
TC's Bulletin Board Building Department ZBA
Planning Dept.
Page
Cooper, Linda
From:
Sent:
To:
Cc:
Subject:
Cooper, Linda
Thursday, December 18, 2008 1:07 PM
JOAN ANN - Legals
Neville, Elizabeth
Legal notice for 12/24/08
Attachments: Design Standards 1-6-09.doc
Joan Ann,
Please confirm receipt of this legal notice.
Thank you,
Linda
12/18/2008
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 thc 1 ? 4'6 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, Suflblk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Design Standard PH
(~Elizabeth ~. Neville
Southold Town Clerk
Sworn before me this
/7 day of /~'~d, ,2008.
Notary Public /
A ,I cOOPER
- , New York
NOTARY pUBLIC, State o,
22565, SullOlk Co~¥
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia.finnegan~,town.southo]d~ny.us
KIEHAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran~,'town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse(Wtown.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
To:
From:
Date:
Subject:
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
Ms. Elizabeth A. Neville, Town Clerk
Lynne Krauza
Secretary to the Town Attorney
October 31, 2008
LUDesign Standards and Regulations for Residential Site
Plans 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
docu ,m. en.t..
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.)
,,,.20 ORIGINAL
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or ProJect Sponsor)
1 APPLICANT/SPONSOR /2. PROJECT NAME
Town of Southold Town Board / Local Law Design Standards/Regulations for Res. Site Plans
3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,, or provide map)
The Town ol' Southold
5~ PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold
7. AMOUNT OF LAND AFFECTED:
Initially t'~,~ acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~J 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)?
LJ Yes [~j 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, list agency(s) name and permit/approvals:
Not Applicable
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE IN,,~MATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsorname: ScottRussel,~/ ~ , ,,/~ Date' 10/20/08
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
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.
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
[~] Yes [~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
No significant adverse efi'ects
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
No significant adverse effects
C3. Vegetation or fauna, fish, shellfish or wildlife specJes, significant habitats, or threatened or endangered species? Explain briefly:
No significant adverse effects
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 bdefly:
No significant adverse effects
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly:
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 enemy)? 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 ,~r~ No If Yes,
explain
briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantia~~~arge~imp~rtant~r~therwisesignificant~ 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.
] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl
EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentafion, that the propesed acfion WILl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town of Southold Town Board
Name of Lead Agency
Scott Russell ,~
Print or Type~/~f~ of Re~ef~ible Officer in Lead .~ency/
'~ature of Responsible Officer in Lead ~)encyf
10/20/08
Date
Supervisor
Sig re of Preparer (tf differen re ible offlcor)
Southold Town Board - Letter
Board Meeting of Ja ,2009
RESOLUTION 2009-89
TABLED
Item ~/5.31
DOC II): 4348
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-89 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 23rd day of September, 2008 a Local Law entitled "A Local Law In
Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning
Districts" 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 Open Space in subdivisions in the Hamlet
Business and Hamlet Density Zoning Districts" which reads as follows:
LOCAL LAW NO. 3 2009
A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet
Density Zoning Districts
BE IT ENACTED BY the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent
The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet
Business and Hamlet Density Zoning districts, identical to that imposed on residential site plans
in the same districts.
Section 2. Chapter 240 of the Southold Town Code is amended as follows:
ARTICLE XI Cluster Development
Generated January 12, 2009 Page 50
Southold Town Board - Letter Board Meeting of January 6, 2009
§ 240-42. Authority and purpose.
It. Design requirements for cluster development subdivisions. In addition to the other
requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R-
120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set
aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD
and HB Zoning Districts, a cluster subdivision development must set aside a
minimum percentage of buildable lands as shown in the "Open Space set-aside"
column in the Schedule for Open Space, Buffers and Setbacks for Residential Site
Plans at the end of Chapter 280. (3) Utility and open space easements may be
included in the calculation of the minimum required open space. (4) Roads, streets,
rights-of-way may not be included in the calculation of the minimum required open
space.
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 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 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: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Ir., Wickham, Evans, Russell
Generated January 12, 2009 Page 51
Southold 'l'oxxn Board - I,ctter
Board IVleeting of October 21, 2008
RESOLUTION 2008-975
ADOPTED
Item #
DOC ID: 4342
THIS IS TO CERTIFY TltAT THE FOLLOWING RESOLUTION NO. 2008-975 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 Design Standards and Regulations for Residential
Site Plans 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 Iead 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: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated October 22, 2008 Page 45
Mailing Address:
EO. Box 1547
Riverhead, NY 11901
CHA~IJES 1~ CUDDY
OC'[ 21 2008
ATI~()RNEY AT LAW
445 Grfffing Avmme
Riverhe;nl, New York 11901
%utholrl Town Clad,
TEL; (681) 369-8'200
FAX: (631) 369-9080
E-mail: ehm'les, cudd v(u~verizon, net
October 15, 2008
Supervisor Scott Russell
Town Board Members
Town of Southold
PO Box 1179
Southold, NY 11971
Dear Mr. Supervisor and Board Members:
The Town Board has proposed amendments to the residential site plan regulations that will
significantly impact pending site plans. As proposed, the mnendments will change set backs and
buffers, dictate square footage for homes and impose clustering. In short, this will be an
extraordinary change to existing requirements.
A review of sites to be impacted suggests that as fex~ as three or lbur sites throughout the Town
would be affected. The real impact will be on The Heritage property in Cutchogue. Unabashedly
the authors of the amendments acknowledge that the focus of these proposals is The Heritage.
The Heritage application has been before the Town for more than five years. It was held up by the
moratorium and then, based on suggestions of the Town Planner, a site layout was designed and the
applicant proceeded before the Planning Board. As this Board is aware, the application has
proceeded with a substantial environmental review, including a thorough traffic analysis, as well as
a revised DEIS.
Based on the layout of the site and in accordance with the original suggestions of the Planning
Department, the applicant has spent thousands upon thousands of dollars to design a suitable plan,
and appropriate house plans. It would be monumentally unfair to now change the rules and impose
an entire new set of dimensional regulations on an applicant who has been before the Town for most
of this decade.
Supervisor Scott Russell
Town Board Members
Town of Southold
October 15, 2008
Page 2
Businesses have good faith expectations of financial return based on existing zoning regulations.
To adopt ad hoc changes to the Town Code during the approval process makes reliance on zoning
regulations futile. The proposed amendments should not be adopted.
Very truly yours,
Charles R. Cuddy
CRC:ms
To: Southold Town Board
Re: Public Hearing
Design Standards for Residential Site Plans
Date: Oct 21, 2008
RECEIVED
OCT 21 2008
~outhol4 Town Clef[
Please include these remarks in the official record.
I am disappointed in the new Design Standards for Residential Site Plans
proposed by the Town Board and the Planning Department. On at least two levels,
the standards do not satisfy their legislative intent. I will use The Heritage at
Cutchogue as my example.
First, the standards do not "meet the needs of the existing population."
Under the section "Design Considerations," ltem e paves the way for "The Heritage
Highway" to threaten the safety and welfare of the residents of the Highland/Crown
Land neighborhood. 189 residents, 65 of them children under 18, will not be safe
with the traffic produced not only by the Heritage development itself, but by the
new traffic flow that will be generated when "tap streets" are opened at Spur and
Bridle. This new roadway will allow all traffic to flow north of Main Road directly
from Depot to Schoolhouse, Highland and/or Crown Land and vice versa. What is
currently a quiet area with no outlet will become Riverhead's Middle Road in
Cutchogue, traversed by every driver hoping to avoid Main Road gridlock. Let us
not forget the emergency access scenario. What fun it will be to have fire trucks,
police and other emergency vehicles - sirens blaring and horus honking- plowing
through our neighborhood as well! And the construction phase - three or more
years of all of those construction vehicles rumbling down our streets early in the
moruing and then again at quitting time! I guess this and future generations of
Cutchogne kids on these blocks won't be able to ride their bikes, skateboard or have
a game of street hockey once the building begins! Our safety, welfare and freedom
go out the window and these design standards that you propose allow it!
Second, these design standards do not "preserve the Town's remaining
natural environment; nor do they prevent the deterioration of the Town's natural
resources or restore the Town's degraded natural resources back to their previous
quality." Most notably, these standards do not "protect groundwater." Individual
cesspools in the Heritage at Cutchogue will unload a high volume and concentration
of sewage - laced with traces of the pharmaceuticals that we 55 and over folks rely
on - into the groundwater. By the Suffolk County Health Department's own
admission, the sewage will move in the direction of groundwater flow - southeast -
into Wickham Creek and Cutchogue Harbor. How will this help our waterways?
How is the natural environment enhanced or restored? This is a "brown tide" of a
different kind. How many Cutchogue residents southeast of the Heritage who are
served by private wells don't yet have an inkling that their water quality will be
threatened? Not to worry - Suffolk County Health Dept. promises to locate them
and work with SCWA to extend public water. But the Peconic Bay and our creeks
won't have that protection - they'll have toflusk themselves. Unless standards are
created to address the need for on-site sewage treatment, we will see what happened
in the Shirley-Mastic area in fewer than thirty years: in the late Seventies, you could
swim in the Forge River; today, the stench and pollution caused by high density
residential and commercial development - sanctioned by Suffolk County Health
Department's Sanitary Code - has created a toxic mess in that body of water. What
is Southold Town government willing to do to pre-empt a similar local
environmental catastrophe?
In a letter dated Sept. 18, 2008, the SC Health Commissioner states that,
"The Suffolk County Department of Health Services does not have the power to
require sewers for projects which meet Article 6 density limits." The County
Health Dept. Standards are twenty years old and were not designed for the North
Fork, where our aquifer is more fragile than that in Western Suffolk. So let's create
our own standards for Southold. Let's truly exercise the "home rule' principle and
require these high-density projects to include sewage treatment. In Cutchogue, we
might even insist that it extend to other undeveloped business and residential
parcels in the hamlet center. As they are approved, they can buy into the already
established sewage treatment package and reimburse the developer. In this way,
developers are investing in our community and truly "giving back."
In the past, it has been Southold's mantra that "public water brings
development." Well, development's coming anyway! Southold Town should ensure
that every current resident has access to public water before this precious resource
is granted to The Heritage, especially to those residents who live downgradient from
the proposed development. The Town has the opportunity to "get it right" by
additionally requiring the infrastructure of sewage treatment before The Heritage
and other adjoining vacant parcels slated for development in Cutchogne can
happen.
By having its own standards on sewage treatment, Southold Town will not be
constrained by the antiquated and limited guidelines established by Suffolk County.
If Southold's Town Board is not in favor of this action, then, at the very least, you
should be pushing the Suffolk County Health Department to amend its Sanitary
Code to address the specific needs of the North Fork. You can't afford to approve
major projects and simply hope for the best.
As you can see, traffic and sewage are the two major concerns that are not
adequately addressed in the Design Standards and Regulations for Residential Site
Plans. I have pointed to Heritage at Cutchogue as the exemplar, but I am certain
that opponents of Oki-do in East Marion will echo these same concerns in relation to
that project. I urge the Town Board and Planning Department to return to the
drawing board to create standards that will bridge the gaps left by SEQRA and
County Health standards for the long-term protection of this cherished piece of the
planet and its residents.
Barbara McAdam
Cutchogne
PLANNING BOARD MEMBERS
JERILYN B. WOODHOIJSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPHL. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
To~vn Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave./
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To~
Scott Russell, Supervisor
Members of the Town Board
From:
Heather Lanza, Planning Director
Date: October 20, 2008
Re~
Design Requirements for Residential Site Plans
Planning goals for the high-density zoning districts
Residential site plans are typically created for condominium-style development in our highest-density
zoning districts. Rather than subdividing the property into individual lots for houses, the dwelling units are
all sited on one parcel, with each unit owned by an individual, and the land held in common by a
homeowners' association made up of all the units' owners. These site plans are most commonly developed
on land zoned Hamlet Density or Hamlet Business, which, when certain criteria are met, allow a minimum
of 10,000 square feet per dwelling unit, or about 3-4 units per acre.
The Hamlet Density and Hamlet Business Districts comprise approximately 260 acres of land, or about two
percent of the land available for residential development. This proportion is small for a reason -too much
high-density zoning would lead to overcrowding, as evidenced by towns further west on Long Island that
are largely built out and have a larger proportion of high density residential development. The purpose of
allowing this small proportion of high-density-zoned land to continue to exist and be developed is to
encourage the development of moderate-size homes near the hamlet centers.
The 1985 Master Plan Update for Southold describes the intent of the Hamlet Density Residential District
as being to "provide lower cost housing." It goes on to indicate that the high densities allowed in the
Hamlet Density zoning district were intended to be located where the property and development proposal
could meet certain criteria, including proximity to the hamlet business center, availability of necessary
utilities such as public water, and "provision of moderate cost housing." This was done to ensure "the
major hamlet centers continue to be the residential-business-service centers of the Town" as they have
traditionally been. This pattern of development is also in keeping with the "smart-growth" and "transit-
oriented" development paradigms that encourage development in concentrated hamlet centers, while
preserving open lands for agriculture and environmental needs such as groundwater recharge outside the '
hamlet centers.
Trends in Southold housing development
The majority of homes built in the Town in the past five - ten years are large and high-priced (with the
exception of one affbrdable housing development that was required to meet strict price restrictions). While
some price reductions in homes have occurred in the past year or so due to the slowing economy, newly
built large homes will likely remain on the high end of the spectrum of value. Of thirty-nine homes built in
the last five years and listed for sale, only three were listed for less than $600,000. The average size of
newly-built homes has doubled over the past twenty-five years, going from 1200-1400 square feet to 2,400-
2,800 square feet of livable area. Existing older homes are being converted to larger homes in a trend that
will further reduce the variety of home sizes available.
Our town has tended over time towards becoming both a resort and retirement community, which has in
tum .driven the demand and provided the wherewithal to buy large homes. Local citizens of modest means
remmn with less and less options for homes.
One major purpose of zoning districts is to provide for a variety of housing types to serve the varied needs
of our citizens. Further, one of the five major goals of the Town described by the Southold Comprehensive
Implementation Strategy of 2003 as a consistent theme throughout Southold's planning documents over the
previous twenty years has been to "preserve and promote a range of housing and business opportunities that
support a socio-economicaily diverse community." It seems our zoning code does not go far enough to
promote the variety of housing types we are seeking.
The Town's inclusionary zoning legislation has provided some variety, however it is very limited in that
only those that meet certain strict criteria can benefit. Many people who cannot afford the new large homes
also do not qualify for homes created through the Town's inclusionary zoning legislation. Thus, there exists
a widening gap in the Town's housing stock, with few options in the moderately-sized/priced inventory. By
contradicting the Town's Master Plan and building high-end luxury housing in the high density zoning
districts, the matter will only worsen by leaving little or no chance for the private market to create the
moderately sized/priced homes our Town needs. This lack of market-driven supply requires the Town to
take action to remedy the situation if we are to meet the needs of our citizens.
Open space and groundwater protection
Another detriment to the Town's resources that results from large luxury homes being created in high
densities is the reduction in open space lands. Open space has proven to be a precious commodity to our
citizens as evidenced by the majority votes to continue the Community Preservation Fund and municipal
bonding for open space purchases. The Southold Comprehensive Implementation Strategy prepared as the
Draft Generic Environmental Impact Statement in May, 2003, found that protecting open space was
consistently a priority goal of the Town over the course of the preceding twenty years' of plans and studies
done by the Town. Although the Planning Board has asked recent applicants bringing forth high density
residential site plans for some open space to be provided, little or none has been volunteered.
Groundwater quality is also at risk when dense development encompasses a majority of the land area of a
parcel, especially large parcels. Covering the ground with impervious and/or less pervious surfaces causes
rainwater to collect in concentrated drainage areas and percolate back into the aquifer very differently than
on open land. It will also contain more contaminants than from natural open spaces due to road chemicals,
fertilizers and pesticides used on landscaping, and leachate from septic systems. Again, one of the five
major goals found throughout the Town's planning documents over the past twenty years is to preserve and
protect the Town's natural resources including our groundwater which serves our drinking wells and
ultimately ends up in our creeks and bays.
Recommendations
Despite the Planning Board's efforts to encourage applicants with residential site plans to submit plans that
further these town goals, we are seeing little voluntary compliance. The only solution appears to be to
codify stronger, more explicit guidelines for applicants so they can submit applications for residential site
plans that more closely meet the goals and needs of the Town. Additional benefits of a more explicit code
are the reduction in uncertainty in residential site plan application outcomes, as well as a shorter review
process.
After a series of Southold Town Code Committee meetings on the topic, we developed a set of proposed
code amendments that clarify the Town's planning goals and expectations with respect to high-density
residential developments. The amendments clarify the intent of the town's plan to restrict high-density
residential housing to moderate-sized/priced dwelling units, and provides for an open space set-aside in all
~residential site plans.
The purpose of the new legislation is to assure a diversity of housing sizes within the town, and particularly
to provide for the creation of moderately-sized dwellings to meet the needs of the town's existing
population, and protect groundwater, open space, and community character. Landowners will still have the
choice to build large homes, but not at high densities. Further, in accordance with the planning goal of this
zoning district, we recommend a minimum percentage of units be of moderate size. This new guideline was
accomplished by creating a limit on the overall square footage of gross floor area to be developed, and
creating a maximum floor area per dwelling unit for fifty percent of the proposed units.
To determine the maximum overall floor area, and maximum size limit for fifty percent of the units
proposed, we looked at existing models of successful residential site plans in the Town. The two sites that
seemed most relevant were Founders Village, approved in 1983, and Pheasant Run, approved in 1994.
They generally meet the criteria for high density described above, although Founders Village was approved
oprior to those criteria specified in the 1985 Master Plan.
We examined the floor area of the units in each of these developments, surveyed residents, compared
selling prices, and found that the floor areas ranged from 1,100 - 1,200 s.f. (not including the basement) in
Founders Village, to 1,400 s.f. in Pheasant Run. Founders Village units have no garages, while some of the
Pheasant Run units have single-car garages. They all have 2 bedrooms and 2 bathrooms. The residents we
surveyed told us they are generally happy with the size of their homes, though some expressed a desire for
a garage. Units in both developments sell quickly and for moderate prices (see Table 1. and Figures 1. &
2.).
Based on these examples, we chose 1,600 square feet as the gross floor area that was large enough to
accommodate, at a minimum, two bedrooms, two bathrooms, kitchen, living room, and at least a single-car
garage. We chose a size slightly larger than the existing units to accommodate a single-car garage and
possibly a handicapped ramp inside the garage, and to suit today's desire for more space.
The 1,600 square foot size is a maximum size used both to determine the overall maximum floor space
yield of the entire proposed development, and as the maximum size of at least fifty percent of individual
units. The overall maximum floor space (total building area) that can be developed is determined by
multiplying 1,600 square feet by the property's yield for the number of units. The property's yield for the
number of units is determined by a yield map as set forth and regulated by §280-10. The resulting number
is the maximum amount of gross floor area allowed to be built on the property, and includes including
dwellings, accessory buildings such as sheds for use by residents for storage, attached and detached
garages, enclosed porches, and basements with greater than twenty percent above existing grade. The total
building ama includes all dwelling units and any associated accessory buildings with no deductions for
hallways, stairs, closets, unfinished spaces, mechanical rooms, wall thickness, columns or other interior
features. The total building area does not include the community building, tennis courts, or other amenities.
Fifty percent of the dwelling units proposed to be built would be required to be a maximum gross floor area
of 1,600 square feet to ensure that the goal of the high density zoning districts to provide for moderately-
sized/priced homes is met. Those fifty percent of the units can be smaller than 1,600 square feet, with the
resulting "extra" floor area able to be applied to other units, so long as the total number of units does not
exceed the yield established by the yield map. The area of detached garages associated with a unit will be
included in that unit's calculated gross floor area, as will other accessory buildings that appear to be able to
be assigned to individual units (sheds for storage, etc.).
The remaining fifty pement of the total building area can be split up at the applicant's discretion, as long as
the total building area and the yield are not exceeded. For example, ifa yield map showed the total number
of units to be 30, the total building area would be 30 multiplied by 1,600 square feet, providing for 48,000
square feet of total building area. If the applicant chooses to build all the units at 1,600 square feet, he can
build 30 - the full yield. Another full yield example would be if the applicant builds fifteen (50%) of the
units at 1,400 square feet, leaving an extra 200 square feet per unit that can be applied to other units - so an
additional fifteen units could be built at 1,800 square feet, and the total building area of 48,000 square feet
has not been exceeded.
Applicants remain with the option to build larger homes with the remaining fifty percent of the proposed
number of units, as long as they don't exceed the total building area. The larger the homes, the less number
built. For example, if, on the same piece of property with the thirty-unit yield the applicant proposes to
build only twenty units (with the reason being that he wants to build some larger units), fifty pement or ten
of those units will be required to be 1,600 square feet or smaller. If the ten required small units are 1,500
square feet each, that uses up 1,500 x ten or 15,000 square feet of the total building area (which is still
48,000 square feet). The remaining ten units can then be up to 3,300 square feet each (splitting up the
remaining 33,000 square feet amongst ten units). Any number of other combinations can be achieved
within these guidelines - leaving the applicant with a great deal of flexibility while still meeting the
planning goals of the Town.
The Town Board might also want to consider a maximum size for the dwelling units, if only to prevent the
extreme situation where someone proposes to build extremely large homes, as happened in Southampton
when Ira Rennert built a compound of buildings adding up to 100,000 square feet, including a 66,000
square foot "main house." In the example where the total building area is 48,000 square feet, based on a
total yield of thirty dwelling units, an applicant could proposed just two homes, one a 47,000 square foot
home and the other at 1,000 square feet, or eight homes, four at 1,600 square feet, and four at 10,400 square
feet. While these examples don't seem likely, they are possible if no maximum dwelling size is provided.
These recommendations for restrictions on high-density dwelling-unit size are further supported by the
Suffolk County Department of Health Services Division of Environmental Quality's new manual entitled
Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single-
4
Family Residences, issued on July 15, 2008. In this manual, the Suftblk County Department of Health
Services (SCDHS) recognizes that larger dwelling units have the ability to generate more sewage than
smaller units. The sewage flow calculation for Planned Retirement Communities ("over-55 condominium
developments) goes from 150 gallons per day for dwelling units between 600 and 1200 square feet of gross
floor area to 300 gallons per day for units greater than 1200 square feet. According to SCDHS, they based
the 1,200 square foot size standard on an average-size condominium unit in over-55 developments.
Along with the guidelines for the overall amount of development and size of units, there is also a provision
for an open space set-aside, as well as new minimum setback distances and buffer sizes. The amounts of
these new guidelines vary according to the size of the property. The reason for the variation has to do with
the significance of the area of open space that would be created, as well as leaving a reasonable area for
development. Large parcels can yield a larger, more significant area for open space, while small parcels are
faced with the logistical challenge of having less room to fit buildings on the site, as well as yielding
smaller open space areas that are much less significant in the Town's overall open space plan.
To set the size of the open space requirement, we began with the current regulations for subdivision that
require 60% of buildable lands to be set aside as open space. After adding in a setback and buffer
requirement that are separate from the open space area, we arrived at fifty percent as a reasonable amount
~)f land to be set aside for large parcels (over 39 acres). We created two more categories, one of medium
""size, 15 - 39 acres, and the other less than 15 acres.
For the medium-sized parcels we recommend thirty percent open space be set aside based on the recent
report about the proposed Transfer of Development Rights program which recommends a target of at least
thirty percent open space to be preserved in the hamlet centers, and reduced that to 20% open space for the
smallest parcel category. The smallest parcels have the least significant amount of land to preserve, and
gain the most from having a little more room to work with in the site design (e.g. twenty percent of a 14-
acre parcel equals 2.8 acres, while thirty percent provides only another 1.4 acres). See Table 2 for an
analysis of the effect of these regulations on parcels in each category.
The setbacks were set according to the relative amount of impact a development would have, and again
with the smaller parcels, the idea of the logistics of enough room to design the site properly. Front, side,
and rear-yard setbacks for residential development apply to entire parcels, so a residential site plan is not
~ubject to those setbacks for each unit or building, hut rather on the entire parcel. In a standard residential
ubdivision, buffers from roads and neighbors are often created that are in addition to the lot setback
requirements. To gain the same amount of separation between the buildings in a residential site plan and
other development, a larger overall setback is necessary.
Larger parcels will have a greater number of dwelling units and warrant a larger setback than smaller
parcels. We recommend a setback of 75' for larger parcels to help minimize the impact on neighbors and
scenic vistas. The medium-size category setback is 35', and the smallest-size parcels can be set back 30'.
The setback is measured from the property line to the nearest structure in the development, including
pavement, driveways, sidewalks, porches, patios, and decks.
Within the setback area is a buffer area, designed to screen the development from visual encroachment both
to and from neighbors. Parcels zoned Hamlet Density and Hamlet Business may be located alongside
established residential neighborhoods of lower density, thus screening the new development from view is
desirable from the neighbors' standpoint. It is also probable that those parcels are located next to
commercial development making it a benefit to the new residential development to have that commercial
use screened out of sight. The buffer areas are left in their natural state if they are already vegetated to the
Planning Board's satisfaction, or they can be enhanced with natural evergreen plantings, or entirely planted
- this especially in the case of a parcel that has no existing natural vegetation that can be used as screening.
An example of an existing natural vegetated buffer is the Pheasant Run development. This buffer is as wide
as 140' in some places, and a minimum of 50' in others. It is naturally vegetated and is thick enough that
even in the winter this development can't be seen from adjacent roads. This development also helps make
the case for a setback in addition to the buffer - in some places the buildings am very close to the wooded
buffer, leaving very little back yard. Using the proposed setbacks and buffers, there will be a minimum of
I0' of setback between the buffer and the structures in the two smaller categories, and 25' for the larger
parcels.
Where the open space provided acts as a buffer between the property line and the development, no
additional buffer will be required, however any structures must be set back at least 10' from the edge of the
open space area. Open space must not be entirely arranged into a buffer area. Open space must have a
useful shape and size, and be far enough from structures to be considered common area. Open space
arranged close to buildings intrudes into what is perceived as the private space just outside each unit.
The uses for the open space should be as set forth in §280-44, except that no structures should be allowed
for any reason, unless they are de minimus (example: a split-mil fence delineating an area, boundary
markers and signs). This would place tennis courts, swimming pools and similar recreation outside the open
space areas. The rationale behind excluding structures from the open space, even in the case of agricultural
structures, is that the potential intensity of development in these zoning districts is much higher than those
districts for which the open space requirements were designed, making the "openness" of open space
essential to accomplishing its goal.
In reviewing the Town Code for inconsistencies in the high density residential guidelines, we found that
accessory apartments are regulated differently in the Hamlet Business zoning district than they are in the
Hamlet Density zoning district. In the Hamlet Density zoning district, accessory apartments are only
allowed by special exception in single family dwellings built prior to 1984. In the Hamlet Business District
the code allows for accessory apartments in homes following the same guidelines as the Hamlet Density
district, but also allows accessory apartments as an accessory use in commercial buildings. The problem
arises from the accessory use portion of the code that neglects to specify that those apartments allowed as
accessory uses are to be in commercial buildings, not residential buildings (although this is clearly the
intent).
We clarified the applicability of accessory apartments to residential site plans by referring back to § 280-
45C(2), and prohibiting them in two-family and multiple dwelling. This change will make the regulation of
accessory apartments in the HB district consistent with the rest of the accessory apartment code. Eventually
§ 280-45C(2) that allows accessory apartments in the HB district as an accessory use with up to three
apartments per building should be amended to specify that it only applies to commercial buildings.
Another clarification in the code must be added to make the changes to the residential site plan guidelines
truly effective. In § 240-42D, remove the HD and HB designations so that it doesn't conflict with the new
line in § 240-42H that requires clustering of subdivisions in the HD and HB zoning districts with open
space set-asides as set forth in the Schedule for Open Space, Buffers and Setbacks for Residential Site
Plans. This ensures that a subdivision at high density is held to the same standards as a residential site plan
for open space.
A change to the subdivision regulations for HD and HB should also be considered to hold the subdivision
option to a similar standard as the residential site plan option tbr either meeting the goal of moderate
size/priced homes or building at a lower density. Because regulating the size of the homes into the future on
individual lots does not seem like a viable option, the best avenue is to restrict subdivisions in those zoning
districts to their base zoning of 20,000 square feet per lot. This is in keeping with the 1985 Master Plan
recommendation that the highest density residential zoning (10,000 s.f. per unit) be allowed only if
moderate-cost housing is the result. This last recommendation has not yet been implemented as a code
change, but should be considered as soon as possible.
7
Table 1. Case studies of existing residential site plans.
Pheasant Run Founders Village Windcrest East Peconic Landing
(Mooresland) 1983 (55+) 1994 (Riverhead) (2007)
# acres 22.2 22.8 77.5 136
# units 60 92 126 306
Density 2.7 units/acre 4 units/acre 1.6 units/acre 2.25 units/acre
Avg size 1,400 s.fi 2-bed/2- 1,100- 1,200 s.f. 2,600 - 3200 s.f. 118 detached
of unit bath/single garages or no garages, full gross floor area 2000-2400 s.f. gross
none basements. 2- (including garages) floor area incl.2-car
15 bldgs, four units bed/2bath. Five units 2000-2350 footprints garages. 2-bed/2
each. Bldg footprint per bldg. Bldg (all single family bath. All 1-story.
5500 s.f. (prices footprint 5250 s.fi detached 2-story) 132 apartments
$329K) (prices $369K) two-car garages. 56 beds assisted
(prices $554-$619K) living, nursing home
8
Table 2. Chart depicting how the new open space requirement for residential site plans would affect parcels in each size category
Category
Open Space Total area ~eft
requirement for building
(percent of Total size Total area and
land) open of parcel Total size Total area of of buffer & infrastructure
space in center* (acres) (s.f.) open space setback (s.f.)
Yield - calculated to
approximate a yield Dimensions of
map where Estimated unrest ricted hypothetical lot
infrastructure is land area per unit left left over per
accounted for over after taking out unit (includes Dimensions of
about 80% of the open space & 20% for infrastructure a 1,500 s.f.
land) infrastructure such as roads) unit
< 15 acres
15% ! 5 217,800 0.75 1.40 2.85
15-39 acres
20% 5
217,800 1.00 1.40
17 : 5,700.00 100 x 57 50 x 30
2.60 17 5,200.00 100 x 52 50 x 30
20% 6.75 294,030 1.35 1.70 3.70 24 5,481.48 100 x S4 50 x 30
15% 14.00 609,840.00
20% 14 609,840
2.10 1.80 10.10 48.79 7,214.29 100 x 72 50 x 30
2.80 : 1.80
9.40 49 6,714.29 100 x 67 50 x 30
30% 15 653,400 4.50 1.60 8.90 52 5,933.33 100 x 59 50 x 30
30% 39 1,698,840 11.70 136 0.00
>39 acres
50% 39.1
50% 46.17
1,742,400
19.55 4.40
15.15
2,011,165 23.09 5.40 18
136 3,874.68 75 x 51 50 x 30
161 3,830.41 75 x 50 50 x 30
n center refers to the open space be ng n the center of the parcel Th~s arrangement leaves the least amount of and for bul drag because the setbacks and
buffers go all the way around the perimeter and do not count towards the open space (if they did count, then you could envision a proposal with very wide
buffers with no significant useable area of open space on the parcel), If the open space was situated against the perimeter, more unrestricted land per unit is
available.
LIVING ROOM
22'6"x 13'0"
DINING
BATH
DN
CL FOYER
BEDROOM
II'O"x 10'8"
II1 c.L
MASTER
BEDROOM
17'0"x11~4''
CL
BATH
CL
KITCHEN
THE BRADLEY
units B, C, D
MASTER
BEDROOM
15'O"x 12'0"
B E DROOM
1l'4''x 10'4"
PATIO
DINING ROOM
13'4" x I0'0"
KITCHEN
12 O"x 11'4"
~ 3~.b ~.~;'
TH
unif
SOMERSET i MA YBERRY
L
MA ~BERR Y
{Bl)
SOmE~S£T
DIDDLE RoAD
( NORTH RoAD )
RoAD )
( MAIN
( O.R. 48 )
695.97
OFFICE lOCATION:
Town Hall Anne~
~4375 S~te Route 25
(cot. ~ir~ RoE & Youn~s Ave.)
Sou*.,hold, I",TY
b~rLING P2DDRF_.SS:
P.O. Box 1179
So~thold, ~ 11971
Telep~no: 631 765-1938
F~ 6~1 7~-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OFSOUTHOLD
To: Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: October 16, 2008
Local Waterfront Revitalization Program Consistency Review for consideration of a
Local Law in Relation to Design Standards and Regulations for Residential Site Plans in
thc Town of Southold
Th~s proposed action is for consideration of a Local Law to require desig~ standards and
regulations for residential site plans in the Town of Southold,
Thc proposed local law has been reviewed to Chapter 268, Wat,Lfi'ont Consistency Review of
the Town of Southold Town Code and the Local Waterfront Revitalization Program (LW'KP)
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, prc~er~es open space, makes officient use of infrastructure,
makes beneficial use of a coastal location, and rn/nimizes 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 lgvel 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 historio 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 ~ervices" (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
! 1. APPLICANT/SPONSOR
Town of Southold Town Board
)plicant or Project Sponsor)
2. PROJECT NAME
Local Law Design Standards/Regulations ~br Res. Site Plans
3. PROJECT LOCATION:
Municipality TownofSouthold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
The Town of Southold
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold
7. AMOUNT OF LAND AFFECTED:
Initially 1'~,~ acres Ultimately NA acres
WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
~J Yes L.] 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 -- ~ No If Yes, list agency(s) name and permit/approvals:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
La 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 ~]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 I
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE THRESHOLD IN 6 NYCRR, PART 617.49 If yes, coordinate the review process and use the FULL EAF.
[--]Yes [~No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, serid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
No significant adverse effects
C2.
C3,
Aes he c, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdelly:
No significant adverse effects
Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
No significant 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 bdefly:
No significant adverse effects
Growth, subsequent development, or related act vit es likely to be induced by the proposed action? Explain briefly:
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 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 ENV RONMENTAL AREA (CEA)?
[] Yes [] No If Yes, explain bdefly:
E. IS THERE, OR I$ THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: Foreach adverse effect identified above, determinewhetherit issubstantial, large, important frothed/rise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (fi 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.
] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULt
EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLL
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, 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
Date
Supervisor
Sig re of Preparer (If differen o h res/ sible officer)
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
R~CEIV~D
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
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 Densit,v Districts in the Town of
Southold"
4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and ltamlet
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.
'Ottachments
cc: Suflblk County Department of Planning
Village of Greenport
Town of Riverhead
Email: Southold Town Planning Board
Southold Town Assessors
wnB 'ldin De. vartment
Signature, Receiv~
Please print name
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold To~vn 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
Scptembar 24, 2008
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
t(~l~j~}~'thfork-net
N.Y& OFTICE OF PAR~,S
REC~TION AND HISTORIC
Pf~ATION
BELMONT I...AKE ~ATE PARK
FO BOX247
BABYtON, NY ~702-0247
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC IIEAR1NGS 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 thc Hamlet Business and Hamlet Density Districts in thc Town of
Southold"
4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet
Densi~ Zoning Districts"
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope, Thank you,
ettachmcnts
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Email: Southold Town Planning Board
Southold Town Assessors
epanment
Signat ure,,R,t'cciv)~ By/.. / 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:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVIIJ,I~,
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
IVIARRIAGE 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
R£CEIV~:D
OCT 2008
Sovtkold Town Clerk
PI, EASE 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 Densi ,ty Districts in the Town of
Southold"
4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and ltamlet
Densi .fy 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.h.old yow~n Building D~rtment
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date: q) q/~ S
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_ {.~ ~). ~65-1800
southolg~C~[r~tork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 24, 2008
OCT 1 2008
Southold Town Clerk
PI,EASE TAKE NOTICE that the Town Bo~trd of the Town of Southold will hold PUBLIC HEARINGS on
the proposed local l,aws !istcd below ou October 21. 2009'
.'4~[L¢__~: "A Local Law In Relation Standards and for Residential Site Plans in the
to
Design
Regulations
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 Densi ,ty Districts in the Town of
Southold'
4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Han~let Business and ltamlet
Density Zoning Districts"
Please sign the duplicate of this letter and return to me at your earliest convenience in the sell:addressed
envelope. Thank you.
Attachments
cc: Suflblk County Department of Planning
Village of Greenport
'lown 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 BQard of Appeals
Please print namd
Date: SFP 2 9 2008
Title: ,
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRL~GE 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
RECEIVED
SEP 3 0 2008
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 Sonthold"
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 ltamlet
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.
Ottachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Email: Southold Town Planning Board
Southold Town Assessors
Southold Toxvn Building Department
Signature, ~,eceived By
Please print name
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
DUPLICATE TO BE SIGNED AND RETUI~I~E~
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 24, 2008
PLLASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed I,ocal 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
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 thc Hamlet Business and Hamlet Densi ,ty Districts in the Town of
Southold"
4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Busines~a~ll010i~l~let~,a~.a v~:o
Density Zoning Districts"
Please sign the duplicate of this letter and return to me at your earliest convenience irl:d~e ~e~f-~essed
envelope. Thank you.
ettachments
cc: Suftblk County Department of Planning
Village of Greenport
Town of Riverhead
Email: Southold Town Planning Board
~hold Town Assesso~ ~
f~qo_ut)ao~d~Town B uildint~p~art~m~. !
Si gnat.~rc.~Received By
Please print name
Elizabeth A. Neville
Town Clerk
Southold Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
'/
· it e:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
Page 1 of l
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 Message .....
From: Cooper, Linda
Sent: Wednesday, September 24, 2008 12:50 PM
To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; .]ones, Hartha;
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.
L/nda ,7.. Wooper
Deputy Town Clerk
Town of Southold
631-765~1800
L t~e mO' not be the part~, we hoped~r but as long as we ~e here, we m~ghts as well dance
9/24/2008
Page Iofl
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 I'own of Southold
()ffice Location:
54375 Main Road (NFB 1st Floor)
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1809 (ext. 501 I at voice recording)
fax (631) 765-9064
9/24/2008
Page 1 of l
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, Hartha; 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.
Lind ooper
Deputy Town Clerk
Town of Southold
631-765-1800
9/24/2008
Page 1 afl
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 PM
To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Hartha; 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 Wooper
Deputy Town Clerk
Town of Southold
631-765-1800
l.!fe may no! he the parO, we hoped fo,; b Id! us long os .,e 're here, .,e mlght~ as ~'ell 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; Verity, Hike; Webster, Kevin
Subject: Notice of Public Hearings for 10/21/08
Please confirm receipt of this notice. Thank you.
Li c/a
Deputy Town Clerk
Town of Southold
631-765-1800
/.fie nul3 not be the party we hoped fi~r, but as long a~ we're here we mights as well dence~
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 PM
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
Lindn ooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life m~l not be the par0 .,e hoped fu~ but as long as we're here, we mtghts as well dance ~
9/24/2008
Page 1 of l
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 & HDdoc
Please confirm receipt of this notice. Thank you.
Lind Cooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life tnqv not be Ihe par~v l~'e floped /o~ bu! as long ~ls we're here. we mlgflts as well dance ~
9/24/2008
#9018
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.
Principal Clerk
Sworn to before me this
~ dayof l~(/~!.~J~.·~_. 2008
NOTARY PUBLIC-STATE OF NEW YORK
NO, 01-V06105050
Qualified In Suffolk Counly
My Comml#inn I;xplre$ February 28, 2012
(bi (reserved)
(c) Minimum setback
rd) Minimum buffer
1. The buffer area shall be in accordance with the schedule for Ooen Soace. Buf-
~8~ (.-%) Design considerations:
(a) The location, arrangement, setbacks, size, desi~,n, and general site competibility
of buildings, structures, landscaping, lighting, and signs, in keeping with the character
of the community;
(b) The adequacy, safety and convenience of vehicular traffic access and circula-
tion, including driveways, fights-of-way, curb cuts, intersections, pavement surfaces,
~ controls, and designated areas for access to pubhc transportation;
(C) The adequacy, safety and convenience Of pedestrian and bicycle traffic and
circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points;
(d) The sufficiency, convenience and appearance of off-street parking and loading
areas, including visitor, employee and overflow parking, parking and storage for trail-
(e) The provision of and adequacy of emergency lanes, exits, tap streets, other
safety zones, and the provision of fire hydrants to promote the public safety; and
(f) The proximity of recreational facilities and open space.
(~ Garages must be set back from the front facade of the building.
individual door for each hay.
B. SEORA review. The Planning Board shall comply with the provisions of the
New York State Environmental Quality Review Act (SEQRA),Article 8 of ghe En-
vironmental Conservation Law, 6 NYCRR Part 617. [Added 8-2.2005 by L.L. No.
C. Within 10 days after completion of the SEQRA review, the Planning Board
hamlet. Since the adoption, the hamlet stakeholder process has been re-convened ning Board on the site plan within 10 business days of recalpt of the referral, If the
and the stakeholders are active in working with the Planulng B0affi and staff ~o l~an Committee fails to make a recommendation within this time period, the project shall
for the future of the hamlet~ proceed to the pJ~nnln$ ~ for consideration without Committee review. [~dded
Presently, there are two applications for residential site plans before the Planning ,8-2-2005 by L,L.N~ !2-2005]
Board. These projects, if approved in their present form, would yi~Ad a significant ' D. Prelimimary hearing requirement. Prior to and in addition to the publichearing
change in file character of the hamlets in which they are proposed, The propo~d reqinr~d by § 280-131H, the Planning Board shall hold a separate prefiminary hear-
proje.et, in .Cutehogne contain~ the second-largest n..u~._ber of residential uni? pro- ingo~the apptic~tion with notice provided pmsuant to Chapter 55, Notice of Public
pos.ed, m a single development.re.the ToWn of~outhold m recent memory,~a~ m~..paet He~ [Amended 8-2-2005 by L.L, I% !2-20~]
of this development on the extstm~ co~amtm~ty and c .ha. racter of the hamlet ts likely E, Affordable housing requirement. Every new'residential site plan involving the
to be profound. The proposed prolect m Southold, while not as large in number of creation of five or more dwelling traits shall comply with the requiremenffi of § 240-
units, is large in scale and size of buildings. 10B(2)(c) of the Code of the ToWn of Southdig, Subdivision of Land, pertaining to
The Planning Department, faced with these applications, advised the ToWn Board
that the current residential site plan regulations are inadequate to deal with the pro-
posed developments.The current residential site plan regulations lack residential de-
sign standards and cluster requirements. The Town Board, Planning Board, PLanning
staff, and Code Committee have reviewed the high density residential zoning, includ-
ing Hamlet Density (ltD) and Hamlet Business (HB), and have proposed amend-
men~ 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 compre-
hensively meet the long-range goals of the Town. These amendments intend to assure
a diversity of housing stock, promote afforda~flity, meet the needs of the existing
population, and protect groundwater, open space and community character·
Section Z. CODE AMENDMENTS
Chapter 280 of the Code of the Town of Southnid
§ 280-137. Standards for residential site plans.
The puroose of these residential site olan standards are to orovide for a diversity
of housine stock, promote affordabililv, meet the needs of the existing ponalafion
and protect exoundwater. (men Space and community ehar~¢W,r,
A. The Planning Board's review of the appliCation and plans with respect to resi~
dential site plans shall include their compliance with the following:
1) The requirement that the applicant attend a presubmission conference, at
,ch time the apphcant, the Planning Board and planning staff shall discuss the
salient design features of the application. At such conference, the applicant shall be
provided with a copy of the then-exist'rog design manual as adopted by the Planning
Board.
(2) The applicable proViSions of this chapter. ,
(3)Where applicab!e, Town Law § 274-a and General Municipal Law § 239-m.
(4) Construction standards and specifications Of the Town highway'specifications,
Cha tar 161 of the Code of the Town of Southold.
(~ The requlre~ts oftl~ exisfih~:~u~es'~ifl~i~ analysis pinn(s) (ERSAP)
and the allowable density of dwelling units as calculated using the yield plan criteria
for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the ToWn
of Southold~ Subdivision of Land..
(6) The provisions Of Article XI, Cluster Development, of Chapter 240 of the
Code of the Town of Southold, Subdivision of Land, ~may shall be applied by the
Pl~g Bo~ard ~ to ?si~ential site plans.o ' '
274-a regarding site plan review, or Town Law § 267, 267.a, 267-b or 267.c regarding
thc authority of thc Zoning Board of Appeals, this provision supersedes and amends
(a) O~en s~a~
the provision of affordable housing. The requirements applicable to lots within a
subdivision in that subsection shall apply equally to dwelling units in affected resi-
dential site plans. ·
E park and recreation requirement. The p~ovislons of § 240-53 of the Code of the
Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in
subdivision% shah apply equally to residential site plans approved under this chap-
ter, exCePt the fee pe~ lot therein shall herein be applicable to each dwelling unit.
[Am6nd~d 8~2-2005 by L.L No: 12~2005]
G. Performance bond requirement. The provisions of Article IX, Bonds and Other
Security, and ~a, rticle X, Required Public Improvements; Inspections; Fees, of Chap-
ter 240, SubcYlvi~lon of Land, of the Code of the Town of Sou thold, sha H apply equally
to res[del~tial site plans approved under this chapter. Pursuant to Municipal Home
Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State
Town Law § 274-a regarding site plan review to the extent that the Planning Board
is empowered to impose affordable hou.~mg, park and recreation and performance
bond requirements in the resid?nflal site plan review proces~ [Amended 8~2-2005 by
LL No. 12-2005]
H. Plmaed development. The Planning Board shall permit the phased development
of residential propertina that meet ail other applicable itanderds, but shall condition
the approval of the development of any permitted phase upon the maintenance of
the undevelopod phases th their undeveloped condition, and shall prohibit all clear-
ing and site preparation on such undeveloped phases until such time as development
is permitted. [Amended 8-2-2005 by L.L No. 12-2005]
I. Planning Board authority to va~ requirements for setbacks, building length and
separation and courts [Amended 8-2-2005 by LL. No. 12-2005]
(1) The Planlfmg Board shall have the authority to reduce or amend yard set-
back requirements for individ~albuildings in favor of a perimeter setback for entire
groups of buildings, to require that setbacks from interior streets be varied, and to
reduce :~a~ the req~k~f §~ 280-1~Yt and280-108, In making these deci-
sions, the Planning Board shafl'tuk~ into consideration the beneffi to the applicant,
as weighed against the detriment to the health, safety 0nd welfare of the neighbor-
hood or community. In making such determination, the Planning Board shall also
consider:
(a) Whether an undedrable change wig be produced in thc character of the neigh-
bothood or a detrin~ent to nearby properties will be created by the granting of thc
amendment;
(b) Whether the benefit sought by the applicant can be achieved by some method
feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial;
(d) Whether the proposed va6ancc will havb an adverse effect or impact on the
physical or environmental eonthtions in the neighborhood or district; and
(e) Whether the alleged difficulty was self-created, which shall be relevant to the
decision but shall not necessarily preclude the proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law §§ 267, 26%
a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board
of Appeals.
~ion 3. Chapter 280 is fl~ther amended as follows:
BUFFER-- A naterallv veeeteted area along the bonndarlea of a subdivision.
or oarceL de~med to orovide screenin~
A new Attachment .6 ia added to Chapter 280.
21~O Attachment ~j
Schedule for Onen Snace. Buffers and Setbacks for Residential Site Plans
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01'V06105050
Qualffied In Suffolk County
(a) O~en soace
~ative ~ and ~d~t~n n. ~'ucmre~), (bi (re~edl
13Bf13L
~ ~ Desi~ ~n~demfions:
(a) ~e l~afion, ~gement, setbac~ s~, desi~, ~d gene~ site ~patibili~
of bufl~ s~c~ ~dsmp~g, li~t~g,~d si~ ~ kecp~g ~th ~e ~aracter
(b) ~e ad~, ~e~ ~ ~nvenien~ of vehi~ ~c m~ and ~ula-
(c) ~c ad~u~, ~e~ ~ mnveni~ of ~des~n ~d bi.cie ~affic and
safety zone~ and the provision of ~e hydra~s to promote the public safety; and
(0 ~e proximi~ of r~reational fa~lities and open spa~.
individual door for each bay.
B. SEQRA rehew. ~e Plann~g Board shall comply with thc provisions of the
12-~5]
Arc~t~tural Review CoeRce shall make a written r~ommendation to the Plan-
8-2;~5 by L.L. No. 12-2ffi5]
He~ [~en~ed 8-2-2ffi5 by L.L. No. 12-2~]
E.Affordable hou~g requirement. Eve~ ne~residentia site plan ~volv~g the
10B(2)(c) of ~e ~de of the To~ of Southol& Subdihsion of Land, pertaining to
the provision of affordable hom~g. ~e requkemen~ applicable to lots with~ a
subdivision in ~at sU~chon shah apply equally to dwelling units in affected resi-
dential site plans.
E Park and recreation requkement.~e provisions of ~ 2~53 of the ~de of the
Town of Sou~old, Subdi~sion of Land, perching to the reservation of parkland m
subdivisiong shah apply equally to residential site pl~s approved under ~is chap-
G. Peffomance ~nd requirement.~e provisions of Aflicle IX, Bonds and Other
ter 240, Subdivision of Land, of the C~e of the Town of Southold, shall apply equally
To~ Law ~ 274-a regar~ng site plan review to ~e extent that the P ann~g Board
~s em~wered to impose affordable housing, park and re~eafion ~d ~fform~ce
bond r~uirements ~ the residential site plan review pro~sg [Amended &2-2~5 by
LL. No. 12-2~5]
H. ~a~d de~lopment.~e Planning Board shall ~rmit the phased development
the undeve o~d phases in ~ek undeveloped ~ndition, and shall prohibit all clear-
(a) ~e~er an ~deskable c~nge will ~ produ~d ia the character of the neigh-
(e) ~ether the alleged d~culty w~ self-~eated, which shall ~ relevant to the
decision but shall not n~es~rily preclude the pro~sed amendment or variance.
(2) ~g prohsion su~v~des ~d amends New York State To~ ~w [~ 267, 267-
Size of nrooert~ (aere~) set-
back Buffer
fin feet)_2
<15
15-39
_>4O
land area of oroject )
20
$0 7.~
ooen soace a minimum of 10' as maaqnred from the edge of structure to the nearest
This local law shall apply to ALL [new and pending] applications for residential
site plans in the Town of Southold.
Seefioa g. SEVERABILITY
judged by any court of competent jurisdiction to be invalid, the judgment shall not
Section 6. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 23rd day of September, 2008 a
Local Law entitled "A Local Law In Relation to Design Standards and Regulations
for Residential Site Plans 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 21st day of October, 2008 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law In Relation to Design Standards and
Regulations for Residential Site Plans in the Town of Southold" reads as follows:
LOCAL LAW NO.
2008
A Local Law In Relation to Design Standards and Regulations for Residential Site
Plans in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 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:
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
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of
housing stock, promote affbrdability, meet the needs of the existing population and
protect groundwater, open space and community character.
The Planning Board's review of the application and plans with respect to
residential site plans shall include their compliance with the following:
(1)
The requirement that the applicant attend a presubmission conference,
at which time the applicant, the Planning Board and planning staff
shall discuss the salient design features of the application. At such
conference, the applicant shall be provided with a copy of the then-
existing design manual as adopted by the Planning Board.
(2) The applicable provisions of this chapter.
(3)
Where applicable, Town Law § 274-a and General Municipal Law §
239-m.
(4)
Construction standards and specifications of the Town highway
specifications, Chapter 161 of the Code of the Town of Southold.
The requirements of the existing resources and site analysis plan(s)
(ERSAP) and the allowable density of dwelling units as calculated
using the yield plan criteria for standard subdivisions set forth in §§
240-10A and B(2) of the Code of the Town of Southold, Subdivision
of Land.
(6)
The provisions of Article XI, Cluster Development, of Chapter 240 of
the Code of the To~vn of Southold, Subdivision of Land, as may shall
be applied by the Planning Board in its discretion to residential site
(7)
................................... ,~ ........... v .......... In doing
so, the Planning Board shall establish conditions on the ownership, use
and maintenance of such open lands as it deems necessary to assure
the preservation of the natural and scenic qualities of such open lands
and shall not permit the use of such lands for the fulfillment of the
park and recreation requirement. The procedures set forth in Article
XI, of Chapter 240, Subdivision of Land, shall govern except as
modified herein. To the extent that this provision may be construed to
be in conflict with Town Law § 278 regarding clustered development,
]'own Law § 274-a regarding site plan review, or Town Law § 267,
267-a, 267-b or 267-c regarding the authority of the Zoning Board of
Appeals, this provision supersedes and amends such sections insofar as
they place any limitation on the Planning Board's application of such
clustered development to residential site plans or the requirement of
the fulfillment of the park and recreation requirement.
Design requirements:
(a) Open space
Open space set-aside required shall be in accordance with
the schedule for Open Space, Buffers and Setbacks for
Residential Site Plans at the end of this chapter, in
Attachment 6.
Open space, for the purpose of this chapter, shall mean
contiguous areas of land meant for common use by the
owners of units within a residential site plan' and/or use by
the ~eneral public.
Open space shall be vegetated with native, natural
vegetation over most or all of it, with no more than 15%
allowed to contain fertilizer and/or irrigation-dependent
vegetation, except in the case of community gardens, which
may occupy up to 20% of the open space.
Open Space shall remain open and free of any structures,
except those associated with walking paths, and in the case
of a community garden one shed no greater than 300
s.f. gross floor area for the purpose of storing garden
supplies is allowed.
The location, use and designation of open space areas will
be determined by the Planning Board using the ERSAP,
and as set forth in and regulated by §240-10C.
For the purpose of these requirements, community gardens
are areas of land where residents of the community are
assigned a plot where they may grow flowers, fruits,
vegetables, grains or other crops.
Drainage. Open space areas may be used for drainage only
if designed so they are useable (for walking, picnics, etc.) a
majority of the time except for a short period after an
exceptionally heavy rainfall (e.g. shallow natural vegetated
swales), or are set aside as non-disturbance areas for
wildlife habitat (must be entirely vegetated with native
species, and contain no structures).
(b) (reserved)
(c) Minimum setback
The setback from the property line to all structures shall be
in accordance with the schedule for Open Space, Buffers
and Setbacks for Residential Site Plans at the end of this
chapter.
(d) Minimum buffer
1. The buffer area shall be in accordance with the schedule for
Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter
(e) Accessory apartments
Accessory apartments are permitted in residential site plans
by special exception from the Zoning Board of Appeals
only as set fbrth in and regulated by §280-13B(13).
2. Accessory apartments are not permitted in two-family or
multiple dwellings.
(7) Design considerations:
(a)
The location, arrangement, setbacks, size, design, and general
site compatibility of buildings, structures, landscaping,
lighting, and signs, in keeping with the character of the
community;
(b)
The adequacy, safety and convenience of vehicular traffic
access and circulation, including driveways, rights-of-way,
curb cuts, intersections, pavement surfaces, traffic controls,
and designated areas for access to public transportation;
(c)
The adequacy, safety and convenience of pedestrian and
bicycle traffic and circulation, including sidewalks,
walkways, and pedestrian/vehicle conflict points;
(d)
The sufficiency, convenience and appearance of off-street
parking and loading areas, including visitor, employee and
overflow parking, parking and storage for trailers, boats, and
recreational vehicles, and the provision of alleyways;
(e)
The provision of and adequacy of emergency lanes, exits, tap
streets, other safety zones, and the provision of fire hydrants
to promote the public safety; and
(t) The proximity of recreational facilities and open space.
(g)
Garages must be set back from the front faqade of the
building. Two-car garages should either have a separate door
for each bay, or have the appearance of an individual door for
each bay.
SEQRA review. The Planning Board shall comply with the provisions of the
New York State Environmental Quality Review Act (SEQRA), Article 8 of
the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005
by L.L. No. 12-2005]
Within 10 days after completion of the SEQRA review, the Planning Board
shall forward the application to the Architectural Review Committee for
review. The Architectural Review Committee shall make a written
recommendation to the Planning Board on the site plan within 10 business
days of receipt of the referral. If the Committee fails to make a
recommendation within this time period, the project shall proceed to the
Planning Board for consideration without Committee review. [Added 8-2-
2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by § 280-131H, the Planning Board shall hold a separate preliminary
hearing on the application with notice provided pursuant to Chapter 55, Notice
of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Af~tbrdable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of
§ 240-10B(2)(c) of the Code of the Town of Southold, Subdivision of Land,
pertaining to the provision of affordable housing. The requirements applicable
to lots within a subdivision in that subsection shall apply equally to dwelling
units in affected residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of
the Town of Southold, Subdivision of Land, pertaining to the reservation of
parkland in subdivisions, shall apply equally to residential site plans approved
under this chapter, except the fee per lot therein shall herein be applicable to
each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and
Other Security, and Article X, Required Public Improvements; Inspections;
Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of
Southold, shall apply equally to residential site plans approved under this
chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D
herein supersedes and amends New York State Town Law § 274-a regarding
site plan review to the extent that the Planning Board is empowered to impose
aftbrdable housing, park and recreation and performance bond requirements in
the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-
2005]
Phased development. The Planning Board shall permit the phased
development of residential properties that meet all other applicable standards,
but shall condition the approval of the development of any permitted phase
upon the maintenance of the undeveloped phases in their undeveloped
condition, and shall prohibit all clearing and site preparation on such
undeveloped phases until such time as development is permitted. [Amended
8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length
and separation and courts. [Amended 8-2-2005 by L.L. No. 12-2005]
(1)
The Planning Board shall have the authority to reduce or amend yard
setback requirements for individual buildings in favor of a perimeter
setback for entire groups of buildings, to require that setbacks from
interior streets be varied, and to reduce or amend the requirements of
§§ 280-107 and 280-108. In making these decisions, the Planning
Board shall take into consideration the benefit to the applicant, as
weighed against the detriment to the health, safety and welfare of the
neighborhood or community. In making such determination, the
Planning Board shall also consider:
(a)
Whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby
properties will be created by the granting of the amendment;
(b)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other
than the sought variance;
(c) Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which shall
be relevant to the decision but shall not necessarily preclude
the proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law § §
267, 267-a, 267-b and 267-c insofar as these sections give such
authority to the Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A naturally vegetated area along the boundaries of a subdivision, lot or
parcel, designed to provide screening
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for Open Space, Buffers and Setbacks for Residential Site Plans
Size of Open space set- Minimum Buffer (in feet)2
property aside (as a setback (in
(acres) percent of total feet)~
land area of
project)
< 1--5 2--0 3-0 20
15-39
~ 40
3~0 35 25
IPerimeter setback from property line to all structures including driveways, patios
& decks (includes the buffer area). Setback must be vegetated. Where open space
is between the property line and the buildings, the buildings must be setback from
the open space a minimum of 10' as measured from the edge of structure to the
nearest edge of open space. The setback is not included in the open space
calculation.
2 The buffer is included in the minimum setback. The buffer begins at the
property line and extends in towards the structures. The buffer is not included in
open space calculations, except where open space occurs between the perimeter
property line and structures.
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential site
plans in the Town of Southold.
Section 5. 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 6. 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 07~ ~'~ day of ~,. j-~ , 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 Design Standards
Residential Site Plans
Sworn before me this
og¢ day of ~e..~t.~, 2008.
'Notary l~ublic /
LINDA d ,-,~,~., ....
NOTARY PUBLIC, State of New y~.~
NO. 01CO4822563, Suffolk Cour)~
Term Expires December 31, 20/~2
Elizabeth A. Ne~)ille
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 119 71
Fax (631) 765-6145
Telephone (631) 765~1800
southoldtown.nor th for k. 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 heatings 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.nor th fork.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.
Jerilyn B. Woodhouse, Chairperson
Southold Town Planning Board
8outhold 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 heatings 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 1S 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 Hamlet 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 .~r., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., WJckham, Evans, Russell
Generated September 24, 2008 Page 57
Southold Town Board - Letter
Board Meetin~ of September 23, 2008
RESOLUTION 2008-911
ADOPTED
Item//
DOC ID: 4286
]'HIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 2008-911 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 Design Standards and Regulations for Residential Site Plans in the Town of
Southold"; now therefore, be it
RESOLVED that the Toxvn 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 4:40 p.m. at which time ali interested persons will be
given an opportunity to be heard.
The proposed local law entitled, "A Local Law In Relation to Design Standards and
Regulations for Residential Site Plans in the Town of Southold" reads as follows:
LOCAL LAW NO.
2008
A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the
Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 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:
1. To preserve land, including farmland, open space and recreational landscapes.
2. To preserve the rural, cultural and historic character of the hamlets surrounding
Generated September 24, 2008 Page 42
Southold Town Board - Letter
Board Meeting of September 23, 2008
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
Generated September 24, 2008 Page 43
Southold Town Board - Letter Board Meeting of September 23, 2008
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 tbr 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
§ 280-137. Standards for residential site plans.
The purpose of these residential site plan standards are to provide for a diversity of housing
stock, promote affordability, meet the needs of the existing population and protect
groundwater, open space and community character.
The Planning Board's review of the application and plans with respect to residential
site plans shall include their compliance with the following:
(l)
The requirement that the applicant attend a presubmission conference, at
which time the applicant, the Planning Board and planning staff shall discuss
the salient design features of the application. At such conference, the applicant
shall be provided with a copy of the then-existing design manual as adopted
by the Planning Board.
(2) The applicable provisions of this chapter.
(3)
(4)
Where applicable, Town Law § 274-a and General Municipal Law § 239-m.
Construction standards and specifications of the Town highway specifications,
Chapter 161 of the Code of the Town of Southold.
(5)
The requirements of the existing resources and site analysis plan(s) (ERSAP)
and the allowable density of dwelling units as calculated using the yield plan
criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code
of the Town of Southold, Subdivision of Land.
(6) The provisions of Article XI, Cluster Development, of Chapter 240 of the
Generated September 24, 2008 Page 44
Southold Town Board -Lettcr
Board Meeting of September 23, 2008
l
Code of the Town of Southold, Subdivision of Land, as may shall be applied
by the Planning Board ;- ao a; ....,;^.
................. to residential site plans., whcrc it
.................... ~ ............ v ..... nd,~. In doing so, the Planning Board
shall establish conditions on the ownership, use and maintenance of such open
lands as it deems necessary to assure the preservation of the natural and scenic
qualities of such open lands and shall not permit the use of such lands for the
fulfillment of the park and recreation requirement. The procedures set forth in
Article XI, of Chapter 240, Subdivision of Land, shall govern except as
modified herein. To the extent that this provision may be construed to be in
conflict with Town Law § 278 regarding clustered development, Town Law §
274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c
regarding the authority of the Zoning Board of Appeals, this provision
supersedes and amends such sections insofar as they place any limitation on
the Planning Board's application of such clustered development to residential
site plans or the requirement of the fulfillment of the park and recreation
requirement.
(7) Design requirements:
(a) Open space
Open space set-aside required shall be in accordance with the
schedule for Open Space, Buffers and Setbacks for Residential Site
Plans at the end of this chapter, in Attachment 6.
2. Open space, for the purpose of this chapter, shall mean contiguous
areas of land meant for common use by the owners of units within
a residential site plan and/or use by the general public.
Open space shall be vegetated with native, natural vegetation over
most or all of it, with no more than ! 5% allowed to contain
fertilizer and/or irrigation-dependent vegetation, except in the case
of community gardens, which may occupy up to 20% of the open
space.
Open Space shall remain open and free of any structures, except
those associated with walking paths, and in the case of a
community garden one shed no greater than 300 s.figross floor area
for the purpose of storing garden supplies is allowed.
5. The location, use and designation of open space areas will be
Generated September 24, 2008 Page 45
Southold Town Board - Letter Board Meeting of September 23, 2008
determined by the Planning Board asing the ERSAP, and as set
forth in and regulated by §240-10C.
For the purpose of these requirements, commanity gardens are
areas of land where residents of the community are assigned a plot
where they may grow flowers, fruits, vegetables, grains or olher
crops.
Drainage. Open space areas may be used lbr drainage only if
designed so they are useable (for walking, picnics, etc.) a maiority
of the time except for a short period after an exceptionally heavv
rainfall (e.g. shallow natural vegetated swales), or are set aside as
non-disturbance areas tbr wildlife habitat (must be entirely
vegetated with native species, and contain no structures).
(b) (reserved)
(c) Minimum setback
1. The setback from the property line to all structures shall be in
accordance with the schedule for Open Space, Buffers and
Setbacks for Residential Site Plans at the end of this chapter.
(d) Minimum buffer
1. The buffer area shall be in accordance with the schedule for Open
Space, Buffers and Setbacks for Residential Site Plans at the end of
this chapter
(e) Accessory apartments
Accessory apartments are permitted in residential site plans by
special exception from the Zoning Board of Appeals only as set
forth in and regulated by §280-13B(13)
2. Accessory apartments are not permitted in two-family or multipl_e
dwellings.
(7) Design considerations:
(a)
The location, arrangement, setbacks, size, design, and general site
compatibility of buildings, structures, landscaping, lighting, and
signs, in keeping with the character of the community;
Generated September 24, 2008 Page 46
Southold Town Board - Letter
Board Meeting of September 23, 2008
(b)
The adequacy, safety and convenience of vehicular traffic access and
circulation, including driveways, rights-of-way, curb cuts,
intersections, pavement surfaces, traffic controls, and designated
areas for access to public transportation;
(c)
The adequacy, safety and convenience of pedestrian and bicycle
traffic and circulation, including sidewalks, walkways, and
pedestrian/vehicle conflict points;
(d)
The sufficiency, convenience and appearance of off-street parking
and loading areas, including visitor, employee and overflow parking,
parking and storage for trailers, boats, and recreational vehicles, and
the provision of alleyways;
(e)
The provision of and adequacy of emergency lanes, exits, tap streets,
other safety zones, and the provision of fire hydrants to promote the
public safety; and
(f) The proximity of recreational fac lit es and open space.
(g)
Garages must be set back from the front facade of the building. Two
car garages should either have a separate door for each bay, or have
the appearance of an individual door for each bay:
SEQRA review. The Planning Board shall comply with the provisions of the New
York State Environmental Quality Review Act (SEQRA), Article 8 of the
Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No.
12-2005]
Within 10 days after completion of the SEQRA review, the Planning Board shall
forward the application to the Architectural Review Committee for review. The
Architectural Review Committee shall make a written recommendation to the
Planning Board on the site plan within 10 business days of receipt of the referral. It'
the Committee fails to make a recommendation within this time period, the project
shall proceed to the Planning Board for consideration without Committee review.
[Added 8-2-2005 by L.L. No. 12-2005]
Preliminary hearing requirement. Prior to and in addition to the public hearing
required by § 280-131H, the Planning Board shall hold a separate preliminary hearing
on the application with notice provided pursuant to Chapter 55, Notice of Public
Hearings. [Amended 8-2-2005 by L.L. No. 12-2005]
Affordable housing requirement. Every new residential site plan involving the
Generated September 24, 2008 Page 47
Southold Town Board - l.etter Board Meeting of September 23, 2008
creation of five or more dwelling units shall comply with the requirements of § 240-
10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to
the provision of affordable housing. The requirements applicable to lots within a
subdivision in that subsection shall apply equally to dwelling units in affected
residential site plans.
Park and recreation requirement. The provisions of § 240-53 of the Code of the Town
of Southold, Subdivision of Land, pertaining to the reservation of parkland in
subdivisions, shall apply equally to residential site plans approved under this chapter,
except the fee per lot therein shall herein be applicable to each dwelling unit.
[Amended 8-2-2005 by L.L. No. 12-2005]
Performance bond requirement. The provisions of Article IX, Bonds and Other
Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter
240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to
residential site plans approved under this chapter. Pursuant to Municipal Home Rule
Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town
Law § 274-a regarding site plan review to the extent that the Planning Board is
empowered to impose affbrdable housing, park and recreation and performance bond
requirements in the residential site plan review process. [Amended 8-2-2005 by L.L.
No. 12-2005]
Phased development. The Planning Board shall permit the phased development of
residential properties that meet all other applicable standards, but shall condition the
approval of the development of any permitted phase upon the maintenance of the
undeveloped phases in their undeveloped condition, and shall prohibit all clearing and
site preparation on such undeveloped phases until such time as development is
permitted. [Amended 8-2-2005 by L.L. No. 12-2005]
Planning Board authority to vary requirements for setbacks, building length and
separation and courts. [Amended 8-2-2005 by L.L. No. 12-2005]
(])
The Planning Board shall have the authority to reduce or amend yard setback
requirements for individual buildings in favor of a perimeter setback for entire
groups of buildings, to require that setbacks from interior streets be varied,
and to reduce or amend the requirements of §§ 280-107 and 280-108. In
making these decisions, the Planning Board shall take into consideration the
benefit to the applicant, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community. In making such
determination, the Planning Board shall also consider:
(a) Whether an undesirable change will be produced in the character of
Generated September 24, 2008 Page 48
Southold Fo,an Board - Letter
Board Meeting fSeptember 23, 2008
the neighborhood or a detriment to nearby properties will be created
by the granting of the amendment;
(b)
Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than the sought
variance;
(c) Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e)
Whether the alleged difficulty was self-created, which shall be
relevant to the decision but shall not necessarily preclude the
proposed amendment or variance.
(2)
This provision supersedes and amends New York State Town Law §§ 267,
267-a, 267-b and 267-c insofar as these sections give such authority to the
Zoning Board of Appeals.
Section 3. Chapter 280 is further amended as follows:
280-4 Definitions
BUFFER-- A naturally vegetated area along the boundaries of a subdivision, lot or parcel,
designed to provide screening
A new Attachment 6 is added to Chapter 280.
280 Attachment 6
Town of Southold
Schedule for O ,eh Space, Buffers and Setbacks for Residential Site Plans
Size of Open space set- Minimum Buffer (in feet)2
property aside (as a setback (in
(acres) percent of total feet)~
land area of
project)
<15 21) 30 20
15-39 30 35 25
>_ 40 5__Q0 75 50
q~erimeter setback from property line to all structures including driveways, patios &
decks (includes the buffer area). Setback must be vegetated. Where open space is
between the property line and the buildings, the buildings must be setback from the open
C, enerated September 24, 2008 Page 49
Southold Town Board - Letter Board Meeting of September 23, 2008
space a ininimum of 10' as measured from the edge of structure to the nearest edge of
open space. The setback is not included in the open space calculation.
2 The buff'er is included in the minimum setback. The buffer begins at the property line
and extends in towards the structures. The buffer is not included in open space
calculations, except where open space occurs between the perimeter property line and
structures.
Section 4. APPLICATION
This local law shall apply to ALL [new and pending] applications for residential site plans in
the Town of Southold.
Section 5. 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 6. 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: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski .lt., Wickham, Evans, Russell
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